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October Census deadline restored

Good news, though as with everything we can’t be sure just yet that it’s for real.

A federal judge in California late Thursday blocked the Trump administration from stopping the 2020 Census count next week, saying it should continue until Oct. 31, the date the Census Bureau had planned on before the administration abruptly shortened the count.

U.S. District Judge Lucy Koh in the Northern District of California granted a preliminary injunction in the case brought by the National Urban League — a group of counties, cities, advocacy groups and individuals — and other groups. Koh had, earlier this month, issued a temporary restraining order to keep the count underway. The case is likely to be appealed to the U.S. Supreme Court.

In a hearing Tuesday, Koh had expressed irritation with Justice Department lawyers for missing a deadline she had set for them to produce internal documents connected to the case.

She referred repeatedly to documents finally released over the weekend and Monday in which career bureau officials said the data could not be properly collected and delivered to the president on the government’s new timeline.

See here and here for the background. The Chron lays out what’s at stake locally.

Natalia Cornelio, legal affairs director for [County Commissioner Rodney] Ellis, said at the point Trump yanked back the deadline in early August, only 63 percent of households nationwide and 54 percent in Houston had responded to the census.

Despite those numbers, on Aug. 3, the census director abruptly announced what the court is calling the “re-plan,” which shortened the timeline for households to respond by Sept. 30.

Cornelio said the accuracy of the census count is critical to Harris County’s future.

“Its outcome determines political representation and billions of dollars of funding for healthcare, education, disaster relief, and housing,” she said.

Right now, Harris County is looking at an estimated undercount of 600,000 households, based on data from Civis Analytics, the company the county has partnered with to track its census outreach, she said.

One area likely to suffer from an undercount is the southern portion of the county, a pie-slice-shaped region extending from downtown Houston to Bellaire to League City, according to Steven Romalewski, who maps census data for the Center for Urban Research at CUNY. In that area, 11 percent of the door-knocking has yet to be completed, a feat that would likely would have been impossible with less than a week to spare to the Sept. 30 deadline, he said.

In parts of Fort Bend and Galveston counties, nearly 18 percent of the door-knocking needs to be finished. And in Montgomery County 12 percent of homes have yet to be documented.

Romalewski said the ruling could have a major impact on areas with a relatively low “completion” rate for the door-knocking operation that’s meant to visit every household that has not responded. With more time to complete the process, census enumerators can attempt to visit households more than once and will be likelier to talk with someone in-person or determine that a unit is vacant. The fallback, which census officials consider less accurate, is to to count residents through administrative records.

I have a hard time understanding why any decent person would think this was a good state of affairs. At least we have a chance now to try and get this close to correct. That’s pending the likely appeal to SCOTUS, and who knows what they may do at this point. But at least for now, there’s a chance.

Scrambling to finish the Census

It’s a hell of a job, and it’s so important.

With a deadline looming for local governments to complete a population count for the 2020 Census, Houston Mayor Sylvester Turner is warning that the city could miss out on billions in federal funding for services such as road repairs and school lunches.

The reason? Less than 57 percent of the city’s residents have filled out the census form, a nine-question survey that can be completed by mail, phone or online. The city of Houston was planning a major outreach effort to avoid an undercount among young and poor people, immigrants and communities of color. The pandemic and economic insecurity from shuttered businesses, however, hampered outreach efforts and hobbled participation, officials say.

“September is the final month to respond to the Census,” Turner tweeted this month. “Over 40% of Houstonians have yet to answer 9 questions @mycensus2020.gov which could cost Houston $1500 person per year for 10 years. Please do so now.”

Sasha-Joi Marshall Smith, a city planner who has been coordinating outreach efforts, attributed low participation to political interference, civil unrest and the coronavirus pandemic. She is “terrified” about the economic and social reverberations of an undercount that’s now running about 15 percentage points behind 2010.

Every 1 percent of the population that’s not counted means $250 million in federal funding that the city is entitled to will be directed to another city, she said. “It’s that serious.”

“I tell people, ‘It’s our federal tax dollars… God forbid it goes to Dallas,’” she said. “Whether you were born here or not, it’s our job to make sure people here have basic services.”

Harris County faces a similar predicament, with just under 61 percent of residents having participated.

“There are so many pockets in Harris County where we haven’t heard from most people — perhaps a fraction of the people have responded but most have not responded,” said Tazeen Zehra, a senior census staffer in Houston.

Galveston County has had such a low return rate — 58 percent — that census workers have sought helpers from neighboring counties. Montgomery County is doing slightly better with just under 66 percent reporting. Fort Bend County has the highest participation rate in the state with more than 73 percent responding overall, including nearly 80 percent in Sugar Land.

The current deadline for local governments to complete their counts is Sept. 30. But outreach workers are hoping a federal judge will extend that deadline to Oct. 31 for the entire country at a court hearing in California next week. Harris County Commissioners Rodney Ellis and Adrian Garcia joined as plaintiffs in the California case because they’re concerned that their districts will be undercounted without an extension. The Trump administration previously offered an extension, then withdrew the offer.

We’ve discussed the challenges of the Census many times. The undercounting issue is so pervasive that even our retrograde state leadership has been forced to try to do something about it. There’s a temporary restraining order in that California lawsuit to which Commissioners Ellis and Garcia are parties, with a hearing scheduled for the 17th. I think the odds are good that the plaintiffs will prevail since “arbitrary and capricious” is the standard operating procedure for this administration, but even with those extra 31 days it’s going to be tough to get an adequate count. As with so many other things these days, this did not have to happen.

On a related note:

A three-judge federal panel in New York has ruled that the Trump administration cannot keep undocumented immigrants from being counted when lawmakers reapportion congressional districts next year — an effort that could have potentially cost Texas several seats in Congress.

In a significant departure from the way representation is typically divided up, President Donald Trump signed a memorandum in July directing Secretary of Commerce Wilbur Ross to exclude undocumented immigrants from the base population used to distribute seats in Congress. But in its Thursday ruling, the panel of judges deemed the memo an “unlawful exercise of authority granted to the President.”

The constitutionally mandated count each 10 years of every person residing in the country is used to determine congressional representation from each state. Excluding undocumented residents from the counts used to parcel out congressional districts would likely lead to a drastic realignment of political power throughout Texas.

Trump pursued the change by arguing that the U.S. Constitution does not define “which persons must be included” in that base population. But the New York panel of judges blocked Ross, who oversees the census, from providing any information on the number of undocumented people in each state.

See here for the background. This would almost certainly cost the state of Texas at least one if not two of the Congressional seats that it’s otherwise likely to get. Not that any of our state leaders care, going by their utter lack of any reaction to that memorandum. The courts can’t save us from everything, but they have been there at times like this.

Another look at the County Commissioner race

It’s the most consequential local race on the ballot this year.

Michael Moore

Every four years since 1968, Harris County residents have been able to count on a Republican winning the Precinct 3 commissioner’s seat.

In that half century, a parade of Democrats have been trounced. Some years, the party did not even bother to field a candidate in the traditionally conservative district, which covers the western portion of the county. The past three Democratic presidential nominees carried Harris County, but no challenger in those cycles came within 16 points of Precinct 3 incumbent Steve Radack, who has held the post since 1989.

Of course, 2020 has been anything but normal. The COVID-19 pandemic has upended normal life. The Astros play in front of cardboard cutouts. And Democrats say they finally will capture Precinct 3, an open seat since Radack decided not to seek a ninth term.

They said the unpopularity of President Donald Trump in Harris County, against the backdrop of a mismanaged coronavirus response by state leaders and demographic shifts that favor Democrats will help the party’s nominee, political strategist Michael Moore, defeat his Republican opponent, former Spring Valley Village Mayor Tom Ramsey.

[…]

Demographic shifts in Precinct 3 give Moore an advantage, Democratic consultant Keir Murray said. When Radack first was elected, the west Harris County district largely was white and rural. It since has grown rapidly and diversified, with an increase in non-white and college-educated residents. Both groups favor Democrats.

“Precinct 3 now is probably about half white, and that’s a massive change from 15 years ago,” Murray said. “Forty percent of the voters are probably people of color now.”

He said Harris County’s shift to reliably Democratic also affects Precinct 3. Recent elections bear that out.

In 2016, Democratic presidential nominee Hillary Clinton lost the precinct by less than 1 point. The 2018 election, in a midterm year where Democrats traditionally struggle, U.S. Senate candidate Rep. Beto O’Rourke won the district by 4 points.

A wave of Texas Republicans, including six members of Congress, have decided against seeking re-election in 2020. University of Houston political science Professor Jeronimo Cortina said that suggests the party privately is pessimistic about its prospects this year, especially after Democrats made significant inroads in suburban communities in 2018.

“From a political perspective, it’s easier to retire than lose an election,” Cortina said.

I skipped over a bunch of back-and-forth about who’s gonna win, because that doesn’t tell us anything. We know about the Moore poll that shows both him and Joe Biden leading by double digits. Tom Ramsey claims to have his own poll that shows otherwise, and maybe he does, but we have no numbers to go with it, so. The 2016 and 2018 results tell a good story for Dems (see the Moore poll link for links to earlier precinct analyses), and I don’t think the current environment does Republicans any favors. Oh, and there’s some dire warnings in the story from a Republican about how those dumb Dems can’t count on straight-ticket voting to carry them anymore. I think you know what I think of such arguments.

On a side note, as Harris County’s registered voter population has grown over the past few years, so has the RV population in Commissioners Court Precinct 3:


Year      County RVs      CC3 RVs
=================================
2008       1,892,656      507,839
2012       1,942,566      501,988
2016       2,182,980      568,512
2020       2,370,540      622,890

The dip in RV population from 2008 to 2012 is due to redistricting. CC3 as a share of the total number of RVs in Harris County has grown slightly, from 25.8% in 2012 to 26.3% as of July, 2020. The main takeaway from that is that this precinct really is a different place than it was as recently as eight years ago. The precinct has 25% more voters than it did in 2012, and that’s pretty significant. As a whole, Harris County has gotten more Democratic as its number of registered voters has increased. Seems like that’s the same phenomenon in CC3, it’s just a question of whether it’s enough.

Census shenanigans halted for now

Good.

[On] Saturday, US District Judge Lucy Koh issued a temporary restraining order to stop Census Bureau officials from winding down door-knocking and online, phone, and mail response collection by September 30—a month early—writing that the shortened census timeline could cause “irreparable harm.”

“Because the decennial census is at issue here, an inaccurate count would not be remedied for another decade, which would affect the distribution of federal and state funding, the deployment of services, and the allocation of local resources for a decade,” Koh wrote.

The US Census Bureau had originally planned to end their count by October 31, a date chosen to accommodate delays caused by the pandemic. But on August 3, the bureau announced that it would stop collecting census responses by the end of September, and was attempting to “improve the speed of our count without sacrificing completeness.” At the time, just 63 percent of households had responded. Immediately afterward, four former census bureau directors issued a public statement explaining that a shortened timeline would “result in seriously incomplete enumerations in many areas of the country.” Later that month, the Government Accountability Office, a nonpartisan watchdog, also reported that “compressed timeframes” in the 2020 census could undermine the overall quality of the census count.

Now, at least until a hearing on September 17, the Census Bureau may not take steps to wind down its counting operations, such as terminating field staff.

The Chron adds some detail.

At a hearing Friday, Justice Department attorney Alexander Sverdlov told Koh that any “anxiety” about the census was “not warranted” and that operations were shutting down only when 85% to 90% of residents in a particular locale had responded. He argued in a court filing that said the government’s “decisions on how and when to complete a census turn on policy choices that are unreviewable political questions.”

The population count is crucial for states’ U.S. House representation and the distribution of $800 billion in federal aid each year. Separately, President Trump is seeking to exclude undocumented immigrants from the census, an action challenged by California and other states in multiple lawsuits.

Koh questioned the government’s explanations at Friday’s hearing and was equally skeptical in Saturday’s ruling.

The administration has insisted that moving the deadline up to Sept. 30 was necessary to deliver the census results to the president by Dec. 31, rather than by next April, under a previous timetable. But Koh said the Census Bureau’s deputy director, Albert Fontenot, “acknowledged publicly less than two months ago that the bureau is ‘past the window of being able to get accurate counts to the president by Dec. 31.’” She said the bureau’s head of field operations made the same admission in May.

Koh also quoted Fontenot as saying, in a court filing Friday night, that the bureau has begun terminating its temporary field staff in areas that have completed their work, and it is difficult to bring them back. That underscores the need for a restraining order halting any further cutbacks until the legality of the one-month delay is resolved, she said.

See here for the background. Harris County, along with Commissioners Ellis and Garcia, are among the plaintiffs in this lawsuit. Perhaps if we can wait to deliver the results to the President until, say, January 21, we can feel a bit more comfortable that they will get a proper review, and that the data is sufficiently accurate. Perhaps we could also then see about fixing anything that was clearly effed up thanks to the Trump team’s constant efforts at sabotage. If we are blessed with an all-Democratic government, we can pass a bill to allow statistical sampling, which would help a lot. There’s no reason to trust anything this administration has done with the Census, and every reason to give a new administration a chance to fix the more egregious errors. The Trib has more.

Wait, there’s a Census going on?

I smack my forehead so hard.

Through a small notice tucked into the state’s business register, Texas appears to have acknowledged that the 2020 census count is going badly.

With just a month of counting to go in the crucial decennial census, the self-response rate for Texas households has barely topped 60%. As census workers have followed up in person with households that haven’t responded, the share of households accounted for has risen to 79.5% — but Texas is still far behind several other states and several percentage points behind the national average.

On Aug. 26, the Texas secretary of state’s office quietly put out word that it has up to $15 million to spend on an advertising campaign intended to urge residents to get themselves counted. The effort — which Texas will pay for by dipping into federal dollars meant to address the coronavirus pandemic — amounts to a last-minute about-face by the state, whose Republican leadership had previously shot down any significant state funding for efforts to avoid an undercount.

The urgency the state is feeling a month out from the census deadline is apparent in the timeline of its request for proposals for a broadcast, print and digital campaign to “educate Texans on the significance and value of participating in the 2020 Census” and drive up response rates. The notice was posted last week, and bids are due by Wednesday. The contract is projected to begin two days later. Counting for the census is set to end Sept. 30.

The latest census figures showed that households in urban, Democratic-leaning areas of Texas had filled out the census online, by phone or by mail at higher rates than those in more rural, Republican-controlled areas and South Texas communities. The U.S. Census Bureau’s door-to-door campaign to follow up with households that did not self respond to the census is ongoing.

Wait, you’re telling me that the deliberate choice made by the Republican leadership to not give a dime to Census outreach efforts may actually be coming back to hurt them politically? That’s a plot twist I hadn’t anticipated. Now it all makes some sense – if it was only Dems that were in danger of being screwed, for sure they wouldn’t care now.

The state’s sudden pursuit of a multi-million advertising campaign to promote the count comes more than a year after it left local governments, nonprofits and even churches to fill the organization void in chasing an accurate count.

“It’s frustrating that we’re doing this at the last minute,” said Luis Figueroa, the legislative and policy director for Every Texan, a left-leaning think tank previously known as the Center for Public Policy Priorities that has been at the forefront of census efforts in the state. “We hope there is enough time for it to be meaningful and effective. There’s an adage about ‘better late than never,’ but there is also ‘a day late and a penny short’.”

[…]

If enough Texans are missed in the count, it would jeopardize the three additional seats in Congress the state was expected to gain after this census.

Even as other states put millions of dollars to mount census campaigns, Texas lawmakers during last year’s legislative session declined to put additional state dollars toward the census, rejecting proposals by Democratic lawmakers to create a statewide outreach committee and set aside millions of dollars in grants for local outreach efforts.

Already without state funds, the local canvassing and outreach efforts were derailed by the coronavirus pandemic. Then, the U.S. Census Bureau announced it was cutting moving up the deadline for responding up by a month. Combined with the strain on outreach efforts brought on by the pandemic, the earlier deadline has heightened the risks that Texas will be undercounted and that some Texans, particularly those who are low-income or Hispanic, will be missed in the count as the pandemic continues to ravage their communities.

“Republicans had an opportunity to address this. They refused to do this, and now the secretary of state is in the fourth quarter of the game, in the final seconds, trying to throw a hail mary, and it ain’t going to work,” said state Rep. César Blanco, an El Paso Democrat who had unsuccessfully pursued state dollars for the census. “This is an embarrassment.”

See here for more on that earlier deadline, which is now even earlier than before thanks to continued malfeasance from the federal government. This was a deliberate choice by our Republican state leaders. We will pay the price for that choice for the next ten years.

Will we have redistricting hearings?

Not looking great for it right now.

In the shadow of the COVID-19 pandemic, Texas Republicans have quietly halted plans to hold a series of public input hearings across more than 20 cities, slated to occur earlier this year, to collect public testimonials from Texans about redistricting. These testimonials would be a critical tool to help group communities which share common social and economic interests, voting patterns, and local preferences as new district maps are being drawn.

A coalition of 42 advocacy groups have taken notice of this indefinite stoppage and are demanding for the resumption of public hearings on redistricting in a safe and accessible format.

[…]

In an effort to remedy urgent concerns about the lack of preclearance and increase transparency in the upcoming 2020 redistricting process, Texas lawmakers planned for a series of public input hearings earlier this year, led by the House and Senate Redistricting Committees. Both committees are led by Republicans, Rep. Phil King and Sen. Joan Huffman, respectively.

The House and Senate originally planned for a limited public hearing schedule, however, the Texas Civil Rights Project built a coalition of groups to successfully agitate for the geographic expansion of these public hearings to reach across every corner of the state, from Austin and Houston to Amarillo and Weslaco. Then, COVID-19 swept across the state.

Because state leadership prematurely opened the state and failed to enact safety measures to control the pandemic, COVID-19 cases have skyrocketed to nearly 600,000 infections and have claimed nearly 11,000 lives, disproportionately killing Black and Latinx Texans. South Texas communities along the U.S.-Mexico border have the highest infection rates across the entire nation.

Due to the pandemic, public hearings for redistricting were indefinitely postponed in March. However, in the past four months since, the legislature has failed to provide a plan to resume the hearings with a modified schedule or different format.

The Texas Civil Rights Project argues that resuming this process to hear from Texans and receive community input is both urgent and vital to avoid further suppression and the dilution of voting power of Black and Brown communities.

You can see a copy of the letter and who signed it, along with a list of the cities where hearings had been tentatively scheduled, here. I attended one of these for the 2011 reapportionment, and there was a lot of interesting information that was presented, with several members of the public having useful things to say. The point of these hearings is to give the public a chance to understand what the data looks like and how any proposed new maps may affect their communities, while also giving the committee members a chance to hear about concerns and issues that they might not otherwise know about. It’s the least they can do, in my opinion, and even with a pandemic there needs to be a way to bring this opportunity to the people. Zoom meetings have their pros and cons, but they could certainly be used here, and would allow for people not in any of those 20 cities to attend without having to travel. Something is better than nothing, and right now nothing is what we have.

As goes Tarrant, 2020 edition

Hello, old friend.

Shortly after Democrat Beto O’Rourke launched his campaign to unseat U.S. Sen. Ted Cruz in 2018, he made several visits to Tarrant County in North Texas to press the message that if he could flip this county, he could defeat Cruz.

The former U.S. representative from El Paso was largely unknown to Tarrant County voters at the beginning of the campaign. O’Rourke narrowly lost the statewide race, but he defeated Cruz by a slim margin in Tarrant County, an entrenched Republican stronghold that is home to Fort Worth and Arlington.

The eyes of Texas will again be on Tarrant County this year as a critical political battleground. With Fort Worth as its county seat, Tarrant County voters have not supported a Democratic candidate for president since native Texan Lyndon B. Johnson was on the ballot in 1964, and the county’s election results have closely mirrored statewide results in recent years.

“Tarrant County is the largest urban Republican County so Republicans want to defend it, and Democrats want to flip it,” said Brandon Rottinghaus, professor and Pauline Yelderman Endowed Chair of political science at the University of Houston. “It is a clear bellwether of where the state is politically.”

“Tarrant County is a relatively new battleground, so every candidate and both parties want to plant their flags there,” Rottinghaus said.

[…]

Population changes are among the factors that helped Democrats claim some victories in Tarrant County in 2018. Besides O’Rourke’s squeaker finish over Cruz, Beverly Powell defeated State Sen. Konni Burton, a conservative Republican, to reclaim the Senate District 10 seat for Democrats. The seat was formerly held by Democrat Wendy Davis, who gave it up to run for governor against Greg Abbott in 2014.

A seat on the Tarrant County Commissioners’ Court also flipped from red to blue due to demographic shifts that have occurred in Arlington, the connector suburb between Dallas and Fort Worth.  And voters in Arlington also delivered a blow to Republican Ron Wright, who was outpolled in the Tarrant County portion of U.S. House District 6 despite his notoriety as Tarrant County Tax Assessor-Collector and a former Arlington City Council member.  Wright was able to defeat his unknown Democratic opponent to win the vacant Congressional seat because of Republican support in two rural counties that are part of the gerrymandered district.

The results of the 2018 election have both parties preparing for a slugfest over Tarrant County this year.

“Tarrant is a tossup county, winnable by either party,” Rottinghaus said. “Tarrant County may lag behind other large, urban counties but, like other urban areas, it will slowly migrate to the Democrats.

“Given how close the county was in 2018, Democrats across the country see it as an opportunity to move Texas to the Democrats’ column in 2020,” he said.

We have discussed this before. You can see the pattern from the last four Presidential elections in that post. Beto carrying Tarrant kind of broke the pattern, in that generally the state has been just a pinch more Republican than this county. None of this is predictive for November of course, but I’d sure love to see a quality poll of Tarrant County, just to get a reading. We have had a poll of CD06, which includes part of Tarrant County as well as two other counties, but a straight-up survey of the county would be cool. Hopefully someone will make that happen.

In addition to CD06, which is much more of a stretch district for Dems, Tarrant includes a big piece of CD24, and five – count ’em, five – hotly contested State House races, two of which are open seats. None of these are districts that Beto carried, though he came close in all five, ranging from 47.9% to 49.5% of the vote. If I want to put an optimistic spin on things, Tarrant looks a little like Dallas County earlier in the decade, in that it was gerrymandered to absolutely maximize the number of Republican State House seats, which meant they were drawn with tight margins. That didn’t look so bad when Republicans were winning easy majorities in Tarrant, but could come back to bite them in a big way if they don’t. The analogy isn’t completely apt – there are some safe red districts in Tarrant, and Dallas was an already-blue county in 2012 that simply got blue enough to overwhelm the creaky electoral calculus performed on it. It remains to be seen that Tarrant can be reliably won at a county level by Dems in the first place. So hope and faith is fine, but there’s work to be done.

Anyway. I’m interested in seeing how Tarrant goes regardless of anything else. I feel like once it goes Democratic, assuming it does, it’s going to be so much harder for the Republicans to be dominant at the statewide level. At some point, the biggest counties are too much to overcome. We’ll see if this is the year for that.

Lawsuit filed to restore original Census deadline

Good.

Citing the high stakes of a botched census, Harris County and two of its Democratic county commissioners have signed on to a federal lawsuit trying to block the Trump administration’s efforts to end counting for the 2020 census a month earlier than planned.

The constitutionally required count of everyone living in the country had been extended due to the coronavirus pandemic and was to run through Oct. 31. But the Census Bureau announced earlier this month it will end the count sooner, moving up the deadline for responding to Sept. 30.

A federal lawsuit filed Monday in California alleges that the shortened schedule is unconstitutional because it will not produce a fair and accurate count and that the Census Bureau’s move violates federal administrative law because the decision was “arbitrary and capricious.”

The lawsuit is led by the National Urban League and the League of Women Voters. Harris County, which is the state’s largest, joined in along with other local entities including the city of Los Angeles and King County in Washington. Harris County Commissioners Rodney Ellis and Adrian Garcia are signed on as individual plaintiffs.

“Undercounted cities, counties, and municipalities will lose representation in Congress and tens of millions of dollars in funding,” the lawsuit reads. “And communities of color will lose core political power and vital services. In contrast to these dire stakes, the immediate solution to this problem is simple: set aside and enjoin implementation of the impossibly-shortened Rush Plan, which is based on an unexplained change of position, and allow the Census Bureau to implement the plan that it had designed to fulfill its constitutional duties during the pandemic.”

[…]

The October cutoff had offered organizers crucial overtime for the count after the coronavirus pandemic derailed canvassing and outreach efforts that in some regions of the state, like in Harris County, had been in the works for years.

But those efforts have been further disrupted by what Harris County and other plaintiffs in the lawsuit dubbed as the “rush plan.” Mailers ordered before the change had to be redone, with county workers forced to purchase stickers to cover the old deadline on those materials.

In announcing the new deadline, Census Bureau Director Steven Dillingham said the bureau planned to hire more employees “to accelerate the completion of data collection” and avoid a delay in reporting counts for seats in Congress and the distribution of redistricting data.

“The Census Bureau’s new plan reflects our continued commitment to conduct a complete count, provide accurate apportionment data, and protect the health and safety of the public and our workforce,” Dillingham said in a statement.

But the earlier deadline has heightened the possibility that Texas will be undercounted and that low-income and Hispanic Texans in particular — who were already at the highest risk of being missed — will go uncounted at a time when the coronavirus pandemic is ravaging their communities.

here for some background, and here for a peek at the lawsuit. Combined with Donald Trump’s surely illegal order to keep undocumented immigrants from being counted for the purposes of apportionment, it’s like Trump and his enablers really don’t want Texas to get any additional Congressional districts next decade. I continue to marvel at Greg Abbott and Dan Patrick and Ken Paxton’s ability to shrug that kind of insult off. By the way, that “arbitrary and capricious” language is a sign that the plaintiffs are aiming for a ruling that Trump has once again violated the Administrative Procedures Act, the federal law that has killed multiple similar efforts by Trump in the past. Let’s hope we can add this one to that trash heap.

It’s like we don’t want any extra Congresspeople

As someone once said, where’s the outrage?

For months, as Texans have been asked to stay home to avoid the spread of the new coronavirus, Jennifer Edwards has been doing the rounds at gas stations in a trio of counties near the Texas-Louisiana border.

Volunteering as a census community organizer, the Tarleton State University professor reasoned that gas stations, like grocery stores, would continue to see foot traffic during the pandemic. Setting up a booth just outside the front doors offered her face time with essential workers to deliver an essential message — please fill out the census.

“When we’re meeting with people in front of the tractor supply or the dollar store or the gas station … the communication is focused on ‘Well when does it end, what’s the deadline?’” said Edwards, who had been sharing the pandemic-induced October deadline for counting every person living in the U.S. for the once-a-decade census.

But on Monday evening, the U.S. Census Bureau upended the timeline Edwards and hundreds of other organizers, volunteers and local officials had been working under. After previously stating the census would run through Oct. 31, the bureau announced it was cutting the count short by a month, moving up the deadline for responding to Sept. 30.

The October cutoff had offered organizers crucial overtime for the count after the coronavirus pandemic derailed a ground game for canvassing and outreach efforts that in some regions of the state had been in the works for years. Now, the earlier deadline is heightening risks that Texas will be undercounted and that some Texans, particularly those who are low-income or Hispanic, will be missed in the count as the coronavirus pandemic continues to ravage their communities.

The schedule change comes at a key point in the count. The bureau has started its door-to-door campaign to follow up with households that have not yet filled out the census online, by phone or by mail, but census workers won’t reach some communities in Texas, like the Rio Grande Valley, that are at the highest risk of being missed until next week.

“It seems like not only are they cutting back the time they’re giving themselves to do this nonresponse follow up, but they’re also allocating the least amount of time in the hardest-to-count places in the state,” said Lila Valencia, a senior demographer at the Texas Demographic Center.

This follows Donald Trump’s efforts to exclude certain people from the Census data for redistricting purposes, as well as the state’s refusal to pay for any effort to do a thorough Census count. It’s like there’s a conspiracy to keep Texas from getting the up to three additional members of Congress that it would be due if everything went as it should. And also, you know, billions and billions of federal money that our taxes contribute to that will instead flow to other states because the Census says we have a lot fewer people than we actually do. I get what Trump’s motivations are here. I have a much harder time understanding why this isn’t a problem for Greg Abbott and Dan Patrick and Ken Paxton and John Cornyn and Ted Cruz and every Republican running for Congress. Why do they all want to hurt Texas like this? It’s a question that should get asked, a lot.

Checking in on CD21

Thar’s the race where Wendy Davis is trying to unseat the mini-Ted Cruz known as Chip Roy, and the pundits are thinking she can do it.

Wendy Davis

All signs are pointing toward a competitive race between incumbent conservative firebrand U.S. Rep. Chip Roy and Democratic mainstay Wendy Davis in Texas’ 21st Congressional District.

The district, which stretches from northern San Antonio to Austin and includes a swath of the Hill Country, has long been viewed as a GOP stronghold. Roy’s predecessor, Republican Lamar Smith, held the seat for more than 30 years. But in 2018, Roy won it with a margin of less than 3 percent.

With $4.4 million raised, Davis has pulled in 75 percent more in campaign donations than Roy — a rare feat for a candidate facing a Republican incumbent.

The politically polar-opposite candidates have already begun casting each other as extremists of their parties. Roy’s campaign has sent a barrage of emails to supporters saying Davis “would be one of the most extreme liberal members of Congress, right there with AOC, Ilhan Omar, Pelosi and the rest of the socialist Democrats.”

Davis, a former state Senator best-known for her 2013 filibuster against an anti-abortion law, has seized on Roy’s response to the pandemic, criticizing his rejection of coronavirus relief funding for businesses. Roy was one of 40 GOP House members who voted against the bill and said he did so because he did not have enough time to review the legislation before voting.

She called Roy, who once served as chief of staff to Sen. Ted Cruz, “an extreme voice who has spent his time in Washington looking out for corporate drugmakers and wealthy special interests.”

Roy-Davis is one of four congressional races in Texas where Republicans have been favored but are seeing their opponents gain momentum, according to the Cook Political Report, a prominent nonpartisan political ratings group. The publication on Friday switched the 21st District from “Lean Republican” to “Toss Up.” It was welcome news for the Davis campaign and other national Democrats.

We’re seeing a lot of Congressional ratings updates now, mostly I think because the Q2 finance reports are out, but also because of the seismic changes in Donald Trump’s approval and re-elect numbers. CD21 is to me in the second tier of pickup opportunities for Dems – CDs 23 and 24 are on top, and at this point I’d consider it very disappointing if Dems didn’t take them both. CD21 is in the next tier, along with CDs 10 and 22, and I’d consider it an upset at this point if Dems didn’t win at least one of them. After that comes all of the longer-shot districts, namely CDs 02, 03, 06, 25, and 31. The fact that we are seeing favorable internal polls getting released by the Democratic challengers in these races, including now a poll from CD21, says something about where we are now in the campaign. Granted, the poll numbers have been more favorable to Joe Biden than to the Dem challengers, but especially in districts with incumbents running for re-election, I think it’s likely that Biden will have to top 50% in most if not all of them for the Dems to have a strong chance. There’s likely more slack in the open seat races, but I’d expect even the more-ardent Trump-humpers to outperform the rest of the ticket on their turf, so a boost from Biden would be very nice.

Davis should also get a boost from the relentless voter registration efforts, which have been especially fruitful for Dems along the I-35 corridor, which overlaps quite a bit with CD21. (And CD23, and CD24, and CD31, and to a lesser extend CDs 03, 06, 10, and 25.) Davis has vastly outraised Roy, and while putting some of that towards tying him to Trump is needed, I’d hope she spends a lot of it on more voter registration and a ton of GOTV. (She will have to spend some of it countering the gobs of PAC money being spent to defend Chip Roy.) The opportunity here is about as good as it gets, and the more Democrats that get elected this year, the harder it’s going to be for Republicans to draw themselves a maximalist Congressional map in the 2021 redistricting process.

What a Democratic House means for redistricting

Rick Casey makes a point about what a Democratic-majority State House will and won’t be able to do in 2021, in particular with redistricting.

I would put the Democrats’ chances of taking back the State House of Representatives as better than the fulfillment of either of their two other dreams — beating President Donald Trump and U.S. Sen. John Cornyn — though recent polls show Trump and Democrat Joe Biden running even and a large “undecided” cohort in the Senate race.

But what if the Democrats win the Texas House? How much difference would it make?

One of the points I’ve seen made in the national media is that it would prevent the Republicans from gerrymandering legislative and congressional districts in the wake of the 2020 census. But that is wrong.

The Texas Constitution includes a provision, passed in 1951, for what happens if the Senate and House of Representatives can’t agree on lines for legislative seats. The lines are then drawn by the Legislative Redistricting Board which includes the lieutenant governor, the speaker of the House, the attorney general, the comptroller, and the commissioner of the General Land Office. Since the only office in play this November is the speaker, he or she would have little impact on the likes of Republicans Dan Patrick, Ken Paxton, Glenn Hegar, and George P. Bush.

[State Rep. Trey] Martinez Fischer, however, thinks it may be possible for the Legislature to agree on lines.

“Lawmakers are probably not as trusting for a third party to draw their districts,” he said, suggesting that a Democratic House and a Republican Senate might compromise by agreeing to the plans each came up for their own members.

I’m skeptical. I think there would be a strong temptation for Republican leaders to try to take back the House through creative redistricting.

And no matter what plan the Legislature or the redistricting board come up with it will almost certainly end up in federal court. There, the U.S. Supreme Court has made clear, severe gerrymandering for political (as distinct from racial) purposes is perfectly acceptable. Martinez Fischer suggests, however, that a Democratic House could, through witnesses at hearings and floor debate, build a record that would make lawsuits more feasible.

The Constitutional provision Casey references is here. Note, though, that it only applies to the legislature itself, the House and the Senate. It does not apply to the apportionment of Congressional districts. That job, if the 2021 Lege is unable to draw a map that passes both chambers, will fall to the federal courts. That’s exactly what happened in 2001. The fact that a court had drawn the Congressional map in 2001 was cited by Tom DeLay as a justification for his 2003 re-redistricting effort – he insisted that the Congressional map needed to be drawn by the Lege, and if that couldn’t happen in 2001 it could happen in 2003. (The fact that both chambers were now Republican-controlled was a happy coincidence, of course.)

My point here is that while Republicans would have a backstop for legislative redistricting, they would have much less control over Congressional redistricting in this scenario. I don’t know what court would get this assignment – maybe they’ll get a panel with a majority of Trump-appointed judges, who knows – but it’s a roll of the dice. The members themselves would likely prefer to avoid that outcome,. In addition, if Democrats do pick up a boatload of Congressional seats – or, you know, if Joe Biden carries Texas – the argument that the Congressional map should strongly favor Republicans kind of falls apart. Doesn’t mean Republicans couldn’t take a crack at it again in 2023 if they take back the State House in 2022, but that’s a lot of uncertainty. It’s not crazy to think that some kind of compromise, in which each side gets a few concessions in all of the maps, could be reached. No guarantee, of course, and again the Republicans would very much want to maximize their chances of having full control in 2023 to clean up anything they don’t like, but having that lever of control is worth something. Not as much as the national media might portray, I agree, but not nothing. Just having a seat at the table means something.

(Also, too, Democratic control of the House means things like the budget can’t get passed without Democratic input and assent. Redistricting would be done in a special session thanks to the later completion date for the Census, but this is still influence for the Dems. Even if it’s not directly influential on redistricting, it’s a pretty big deal in its own right, especially in a session where revenue is scarce and cuts will be on the table. Anyone who remembers the bloodbath of 2011 knows what that would mean.)

So yes, while taking the State House isn’t the be-all and end-all, it’s a mighty fine goal with lots of ways to pay off. Twitter user Kafka provides an intro to the Democratic candidates in most of the districts of interest, and you can learn more at FLIP The Texas House. If you’re wondering how best to spend your campaign donation dollars this cycle, find a State House candidate or three and toss a few bucks in their direction. This is a great opportunity, and we need to maximize it.

How to lose a Congressional seat

As things stand right now, Texas will gain three Congressional seats in the 2021 reapportionment, as Texas continues to be the fastest-growing state in the country. There is one thing that can stop that, however: Donald Trump.

President Donald Trump opened a new front Tuesday in his effort to keep undocumented immigrants from being counted when lawmakers redraw congressional districts next year, a move that could cost Texas several seats in Congress if it succeeds.

Trump attempted last year to include a citizenship question on the 2020 census, but was shot down by the courts. On Tuesday, he signed a memorandum directing Secretary of Commerce Wilbur Ross to exclude undocumented immigrants who might be included in the census count from the “apportionment base,” or the base population that’s used to divide up seats in Congress.

The order, which will surely be challenged in court, is Trump’s latest effort to differentiate between citizens and noncitizens when states redraw the boundaries of political districts each decade to account for growth. Recent estimates indicate the size of the undocumented population in Texas has reached nearly 1.8 million. Excluding those residents from population counts to draw up congressional districts would likely lead to a drastic realignment of representation and power throughout the state.

The U.S. Constitution mandates that representation in Congress be divided among states based on a count every 10 years of every person residing in the country. But the Constitution, Trump wrote, does not define “which persons must be included in the apportionment base.”

“Excluding these illegal aliens from the apportionment base is more consonant with the principles of representative democracy underpinning our system of Government,” the memo reads. “Affording congressional representation, and therefore formal political influence, to States on account of the presence within their borders of aliens who have not followed the steps to secure a lawful immigration status under our laws undermines those principles.”

[…]

“The Constitution requires that everyone in the U.S. be counted in the census,” Dale Ho, director of the ACLU’s Voting Rights Project, said in a statement. “President Trump can’t pick and choose. He tried to add a citizenship question to the census and lost in the Supreme Court. His latest attempt to weaponize the census for an attack on immigrant communities will be found unconstitutional. We’ll see him in court, and win, again.”

Litigation has indeed been filed, in multiple lawsuits and venues at this point. My interest in pointing this out was the very narrow one of showing what this would mean to Texas.

If unauthorized immigrants were excluded from the apportionment count, California, Florida and Texas would each end up with one less congressional seat than they would have been awarded based on population change alone. California would lose two seats instead of one, Florida would gain one instead of two, and Texas would gain two instead of three, according to analysis based on projections of Census Bureau 2019 population estimates and the Center’s estimates of the unauthorized immigrant population.

Alabama, Minnesota and Ohio would each hold onto a seat that they would have lost if apportionment were based only on total population change. Alabama filed a lawsuit in 2018 seeking to block the Census Bureau from including unauthorized immigrants in its population count.

[…]

The Census Bureau does not regularly publish counts or estimates of unauthorized immigrants, although the Department of Homeland Security has done so. Last year, after the U.S. Supreme Court ruled against including a question about citizenship on the 2020 census, the president ordered the Census Bureau to assemble a separate database, using other government records, on the citizenship status of every U.S. resident. This has also been challenged in court.

The Center’s analysis relies on assumptions about populations to be counted in the 2020 census and estimates of unauthorized immigrants. The actual figures used for apportionment will be different from these, and so the actual apportionment could differ regardless of whether unauthorized immigrants are excluded from the apportionment totals.

You might think that Texas’ political leaders would be up in arms about this. That Congressional seat belongs to Texas! State’s rights! You know the drill. And sadly, you also know that our Trump-hugging Attorney General would never, ever say or do anything that would contradict his Dear Leader. What’s a Congressional seat (or two, or even three, if our dismal failure to support a complete Census effort causes the official count to be unexpectedly low) compared to a favorable tweet from Donald Trump? That’s a question we should all be asking, loudly and often, in 2022, when they are up for re-election.

One more thing:

Texas House leaders have previously indicated to The Texas Tribune they have no plans to alter the way Texas redraws political districts even if the Legislature obtained more detailed data on citizenship.

“Bottom line, the law for the Texas House and the Senate — and frankly the courts and the State Board of Education — requires it be done by total population, as does the U.S. Constitution with regard to congressional seats,” said state Rep. Phil King, a Republican from Weatherford who chairs the House Redistricting Committee.

That’s good to hear, but my understanding is that while the State House is explicitly mandated to use total population in redistricting, the State Senate is not. That’s why it was the Senate map that was targeted in the Evenwel case. So, while I hope Rep. King means what he says here, the possibility very much exists that the Lege will try a different tack. (Also, it’s usually the House that draws the House map, and the Senate that draws the Senate map. I’d like to know what the relevant Senate committee chair has to say about this.)

UPDATE: From Ross Ramsey at the Trib:

In a letter urging Texas Attorney General Ken Paxton to take legal action to stop the proposal, state Rep. Chris Turner, D-Grand Prairie, framed the idea as an attack on Texas.

“Filing suit to block the Presidential Memorandum to the Secretary of Commerce dated July 21 would be wholly consistent with your official biography that explains as Attorney General, you are ‘focused on protecting Texans and upholding Texas laws and the Constitution’ and ‘fighting federal overreach.’ Indeed, if unchallenged, the President’s actions would likely hurt Texas more than any other state.”

The partisan politics here are clear enough. Turner is the chairman of the Texas House Democratic Caucus. Paxton, a Republican, is the newly branded co-chair of the national Lawyers for Trump.

But not all that is political is partisan, even in an election year. Does anyone in elected office here think Texas should have less influence in Washington, D.C.?

Good question. Someone should ask Ken Paxton, and Greg Abbott, and Dan Patrick, and John Cornyn and Ted Cruz, and all of the Republican members of Congress.

Dems could possibly win a lot of Congressional races in Texas

It started with this:

You might think wow, that’s a really optimistic take, but after the Tuesday primary runoff, we also got this:

I’d quibble with the categorization of those 2018 contests as “not serious” – all of the candidates raised a decent amount of money that year, and prognosticators had CD10 on their radar by the end of the cycle – but I take his point. And in the replies to that tweet, we got this:

A second Blue Wave in the suburbs?

Well-educated suburban districts, particularly ones that also were diverse, were a major part of the Democrats’ victory in the House in 2018. Democrats captured many formerly Republican districts where Donald Trump performed significantly worse in 2016 than Mitt Romney had in 2012. Democratic victories in and around places like Northern Virginia, Philadelphia, Pittsburgh, Detroit, the Twin Cities, Atlanta, Orange County, CA, parts of New Jersey, and elsewhere came in seats that meet this broad definition.

And then there’s Texas. Democrats picked up two districts there, one in the Dallas/Ft. Worth Metroplex (TX-32) and another in suburban Houston (TX-7). But Democrats put scares into several other Republican incumbents, and the closeness of presidential polling in Texas could lead to unexpected opportunities for Democrats there this November.

Trump has generally led polls of Texas, but many have been close and Biden has on occasion led, like in a Fox News poll released last week that gave him a nominal lead of a single point.

Tellingly, of 18 Texas polls in the RealClearPolitics database matching Biden against Trump dating back to early last year, Trump has never led by more than seven points — in a state he won by nine in 2016. It seems reasonable to assume that Trump is going to do worse in Texas than four years ago, particularly if his currently gloomy numbers in national surveys and state-level polls elsewhere do not improve.

In an average of the most recent polls, Trump leads by two points in Texas. In 2018, Sen. Ted Cruz (R-TX) won reelection over then-Rep. Beto O’Rourke (D, TX-16) by 2.6 points. If Trump were to win Texas by a similar margin this November, the congressional district-level results probably would look a lot like the Cruz-O’Rourke race. Those results are shown in Map 1, courtesy of my colleague J. Miles Coleman.

Map 1: 2018 Texas Senate results by congressional district

Cruz carried 18 districts to O’Rourke’s 16. That includes the 11 districts the Democrats already held in Texas going into the 2018 election, as well as the two additional ones where they beat GOP incumbents (TX-7 and TX-32) and three additional districts that Republicans still hold. Those are TX-23, an open swing seat stretching from San Antonio to El Paso; Rep. Michael McCaul’s (R, TX-10) Austin-to-Houston seat; and TX-24, another open seat in the Dallas-Ft. Worth area.

TX-23 is competitive primarily because it’s two-thirds Hispanic, and it already leans to the Democrats in our ratings. TX-10 and TX-24 better fit the suburban mold: Both have significantly higher levels of four-year college attainment than the national average (particularly TX-24), and Republican incumbents in both seats nearly lost to unheralded Democratic challengers in 2018.

Cruz won the remaining districts, but several of them were close: TX-2, TX-3, TX-6, TX-21, TX-22, TX-25, and TX-31 all voted for Cruz by margins ranging from 0.1 points (TX-21) to 5.1 (TX-25). These districts all have at least average and often significantly higher-than-average levels of four-year college attainment, and they all are racially diverse.

In other words, these districts share some characteristics of those that have moved toward the Democrats recently, even though they remain right of center.

This is all a long preamble to an alarming possibility for Republicans: If Biden were to actually carry Texas, he might carry many or even all of these districts in the process. In a time when ticket-splitting is less common than in previous eras of American politics (though hardly extinct), that could exert some real pressure on Republicans in these districts.

Ted Cruz carried 20 districts to Beto’s 16, a minor quibble. Remember this post in which Mike Hailey of Capitol Inside predicted Dems would flip eight Congressional seats? Not so out there any more.

Look at it this way: Since the start of June, Trump has had exactly one poll, out of eight total, in which he has led Joe Biden by more than two points. The four-point lead he had in that poll is smaller than the five-point lead Biden had in a subsequent poll. In those eight polls, Trump has led in three, Biden has led in three, and the other two were tied. The average of those eight polls is Biden 45.9, Trump 45.6, another data point to suggest that Biden has gotten stronger as we have progressed.

Insert all the usual caveats here: Polls are snapshots in time. It’s still more than 100 days to Election Day. Things can change a lot. No Texas Democrat has won a statewide race since 1994, a losing streak to rival Rice football versus UT. (As it happens, the last time Rice beat UT in football was…1994. Coincidence? I think not.) The polls all said Hillary was gonna win in 2016 and we know how that went, smartass. Fill in your own rationalization as well.

The point here is simply this: If Joe Biden actually wins Texas, it could be really, really ugly for Republicans downballot. Even if Biden falls short, it’s likely going to leave a mark on them as well.

I’ll leave where we started:

Karma, man.

2020 primary runoff results: SBOE, Senate, House

Again, bullet points. Get used to it.

SBOE6 Dem: Michelle Palmer had a 65-35 lead after early voting, and that was pretty much all there was to it.

SBOE5 GOP: It’s much more boring and sedate, but the Republican candidate who didn’t arrive in a clown car, Lani Popp, defeated performance artist and semi-professional troll Robert Morrow. This is the best pickup opportunity for Dems, but since no one pays attention to SBOE races – the district are ginormous and candidates never have any money – there would have been a chance Morrow could have won if he’d been the nominee. Having Popp carry the GOP banner lowers the Dem chances slightly, but as we know from other elections it’s never a good idea for a chaos agent to be a viable candidate in any race. Whatever happens in November, this was the better outcome.

SD14 special election: Sarah Eckhardt has been over fifty percent all night. This may change by the morning, but as I type this she appears to be headed for a victory without a runoff.

UPDATE: The final results from Travis County show Sarah Eckhardt winning with 51.1%, but I’d forgotten that Bastrop County is also in SD14, and Eckhardt is only at 31% there thanks to 38% of the vote going to Republican Don Zimmerman. It appears that is enough to keep her under 50%, which means a runoff with Rep. Eddie Rodriguez.

SD19 Dem: State Rep. Roland Gutierrez has bounced back from his second place finish in March to lead 53-47 as I write this. Seems likely he’ll hand on.

SD27 Dem: Alas, Sen. Eddie Lucio has also hung on, leading 54-46 in the later evening. I believe he said this would be his last term. We can only hope.

State House Dem Sarah DeMerchant will get her third shot at HD26 in Fort Bend County. In Harris County, Akilah Bacy crushed it in HD138, Rep. Harold Dutton eked it out in HD142, and going late into the night, Penny Shaw was leading Anna Eastman in HD148. Eastman had a sizable lead in mail ballots – her campaign worked that pretty hard – but Shaw equaled that in early votes, and had a small but growing lead on Election Day. Anna’s a friend and I’m sad for her, but Shaw appears to be the nominee. I suspect – and I’d have said this regardless of who won – there will be another hotly contested primary in HD148 in 2022. It’s a fact of life with redistricting, and there’s a high potential for the neighborhoods in and around HD148 to be swapped in and out of various districts, as was the case in 2011. (I personally was at various times that year drawn into HDs 134, 143, 146, 147, and 148, before finally landing in 145. I can hardly wait to see what happens next.)

In Dallas, Lorraine Birabil, who had won the special election in HD100 and was leading by enough early on for me to say she had won, was trailing Jasmine Crockett by about 90 votes late in the evening, with three vote centers yet to report. (Hat tip to Scott Braddock and his indefatigable Twitter feed.) Elsewhere, Liz Campos won in HD119, while Lorenzo Sanchez (HD67) had a small lead. Two Republican incumbents were ousted, Dan Flynn (HD02) and JD Sheffield (HD59). Jacey Jetton had a modest lead in HD26.

UPDATE: Birabil is still trailing Crockett in HD100, but it’s not quite final yet.

Interview with Rep. Chris Turner

Rep. Chris Turner

I’ve done two interviews about redistricting so far, with both of them focused on the litigation aspect of it, which in turn had a focus on Congress. Today I want to pay more attention to the Legislature, which is not only where redistricting originates but also itself a big part of the fight. State Rep. Chris Turner is the Chair of the House Democratic Caucus, representing HD101 in Tarrant County. That was a new district created in 2011 due to population growth in Tarrant County, and while it represented a third Democratic district in Tarrant, it was also a place to pack Democrats so the eight-member Republican caucus from Tarrant could have easier elections. Turner was elected to a different Tarrant County seat in 2008, lost it in the 2010 wave, and has served in HD101 since 2013. Tarrant is a major battleground for control of the State House in 2020, in part due to demography and in part due to the Trump effect on college-educated white voters. We talked about the effects of the 2011/2013 maps, and what we have to look forward to in the Lege in 2021. Here’s the conversation:

Previous interviews in this series: Redistricting legal expert Michael Li, and Congressman Marc Veasey. I have more of these in mind and will bring them to you as I can.

Here’s a Census data preview

Guess what? The same trends we saw ten years ago are still trending.

Texas’ Hispanic population has grown by more than 2 million since 2010, according to new population estimates released Thursday by the U.S. Census Bureau, and the state’s demographer now predicts that Hispanics will be the state’s largest population group by mid-2021.

An annual gain of 201,675 between July 2018 and July 2019 pushed the count of Hispanic residents to more than 11.5 million, the census estimates show. Although annual growth has slowed slightly in recent years, the new figures put a sharp point on how quickly the Hispanic population continues to climb. The annual growth in Hispanic residents has outpaced the combined growth among white, Black and Asian residents every year since 2010.

Texas still has a bigger white population — up to 11.95 million last year — but it grew by just 36,440 last year and by about half a million since 2010. White population growth has been so sluggish this decade that the increase in the number of Asian Texans, who make up a small share of the total population, has almost caught up with the increase in white Texans.

The latest estimates could be the last to come in before lawmakers embark on redrawing the state’s congressional and legislative maps in 2021 to account for population growth — a fraught exercise that has previously led to drawn-out litigation over claims that new maps discriminate against voters of color who are behind the state’s growth. During the last redistricting cycle, Hispanics accounted for about 65% of that growth. With a year of growth left to be accounted for, their share of Texas’ population increase since 2010 is at nearly 54%.

The story included this table of population growth figures:


Race       2010 pop    2019 est   Increase
==========================================
Hispanic  9,460,921  11,525,578  2,064,657
Black     2,899,884   3,501,610    601,726
White    11,428,638  11,950,774    522,136
Asian       960,543   1,457,549    497,006

There must be a collection of people who don’t fall into any of these categories, because if I do the math on the Increase totals, “Hispanic” represents 56% of it, not 54%. White population growth is all of 14% of the total. This is very much in line with where we were in 2010. Now of course, these numbers are estimates, and the collection of the official Census data has been greatly hampered by the pandemic as well as the Trump administration’s relentless hostility towards immigrants, which included the now-defunct effort to put a citizenship question on the form. If the data we get next year differs radically from these figures, we’ll know why.

The headline reason for Census data is of course redistricting. Texas expects to get another three seats in Congress in 2021, though that could be affected by an undercount. Be that as it may, this is a good place to remind you to listen to my interview with Michael Li about the redistricting lawsuits from the past decade. I will have a new interview for you on the topic of redistricting for Monday, with Rep. Marc Veasey, who was one of the plaintiffs in that litigation.

What should Joe Biden do in Texas?

“Win” would be my preferred answer, but it’s more complicated than that.

No matter how frequently it happens, it’s always a bit startling.

Ever since February 2019, polls have been coming out indicating that former Vice President Joe Biden is competitive with — sometimes even leading — President Donald Trump in Texas. A June 3 poll by Quinnipiac University gave Trump a 1-percentage-point lead in the state. A recent FiveThirtyEight roundup of “key battleground state” polls taken since May 1 shows Trump up by an average of 1.5 points here.

And every time a survey is released, the same questions arise: Is 2020 the year deep red Texas flips to the Democrats? Is Republican U.S. Sen. John Cornyn in trouble as well?

But for many in politics, the consideration is slightly different: The state is clearly more competitive. But even if Biden can compete here, how seriously will he choose to?

The answer to that question is more complicated. For Biden and his allied groups, making a run for Texas is no simple task and there are strategic considerations beyond looking at the polls. The most immediate objectives for national Democrats in 2020 are to recapture the White House and Senate majority. And Texas is far from necessary for either.

Recent polls have suggested Biden might hold an even stronger position in other states that Trump won in 2016 — Michigan, Wisconsin, Pennsylvania, Arizona, Florida, North Carolina, Ohio and even Georgia. And because of its vast size, numerous media markets and massive population, Texas is more expensive to compete in. The paths to victory for Biden are so great in number, it’s hard for many political operatives to imagine a scenario where Texas would flip where it would be anything other than icing on the cake in a much broader national victory.

In other words, the cost of seriously trying to win Texas would almost certainly be high, while there’s a decent chance that the reward would ultimately prove inconsequential.

Below the surface, however, the presidential race in Texas still matters — an underperformance by Trump compared to recent history has the potential to reset Texas politics for the next decade. The central question in the political class every time one of these polls is released five months out from Election Day is: What kind of down-ballot damage could Republicans potentially suffer if Biden has coattails?

You know the polling situation; as of the most recent poll, where Biden led Trump by one point, Trump led in Texas by an average of 2.0 points. That’s a smidge less than the Ted Cruz margin of victory over Beto in 2018, and as disappointed as we all were with that result, we saw the effect downballot. I for one would not mind an encore of that kind of performance. What it all comes down to is two competing factors from Biden’s perspective. One is that he doesn’t need to win Texas to take the Presidency. If Texas is truly winnable for him, then he’s pretty much assured to have enough electoral votes to have won. I mean, if Texas is flipping, then surely Arizona and Florida and North Carolina and maybe even Georgia have gone blue, and the rout is on. Texas is an insanely expensive state to compete in, with something like 27 media markets for ad buys. The bang for your buck is much bigger in the old faithfuls like Pennsylvania and Wisconsin. Boring, but no one wants to take anything for granted.

On the other hand, that same downballot effect is a real thing for Biden to consider. There’s a Senate race here, which is likely going to be roughly as competitive as the Presidential race is. It sure would be nice to have another Dem in the Senate, and that makes Texas a twofer for Biden, which isn’t true for Florida or Pennsylvania or Wisconsin. (North Carolina and Arizona and Georgia and Iowa, on the other hand…) Plus, there are multiple Congressional seats available for pickup, one of which offers the chance to defenestrate Ted Cruz minion Chip Roy. Even the battle for the Texas State House is important, as that would give the Dems some leverage in drawing the next Congressional map. One would hope that Joe Biden learned the lesson of 2010 well enough to consider the advantage of flipping the State House here.

So of course I want Biden to compete here, as seriously as possible. I want Dems to win as many races as possible, and I can’t think of anything that would be a bigger psychological blow to the Republicans, both nationally and here, than seeing Texas go Democratic in a Presidential election. It would sure be a hell of a momentum boost headed into 2022, which for us is an even bigger election. (Another advantage for Biden: The possibility of throwing out the single biggest cause of ridiculous anti-Democratic lawsuits, AG Ken Paxton.) If he has to raise more money to afford it, then get on that. I understand the cost/benefit analysis, but I’m not going to claim to be impartial here. You have a real shot here, Joe Biden. Don’t throw it away.

Interview with Rep. Marc Veasey

Rep. Marc Veasey

When I came up with the idea to do a series of interviews about redistricting, Rep. Marc Veasey was among the first people I wanted to talk to. He was a State Rep in 2011 when the original maps were passed, and then he got elected as the first member of Congress in CD33, one of the new districts created in that 2011 session. He was one of the litigants in the consolidated case that made it to the Supreme Court (he was also one of the main litigants in the voter ID lawsuit; the 2010s were a busy decade for Rep. Veasey), and I wanted to get the insight from someone who was in this fight from the beginning. As a member of the now-Democratic majority US House, he’s also got a role to play in making the landscape better in the 2020’s, with legislation to make redistricting fairer that will also generally expand voting rights. Here’s what we talked about:

Here’s my interview with redistricting expert Michael Li if you haven’t listened to it yet. I hope to have more of these in the coming weeks.

Interview with Michael Li

Michael Li

As we know, among the many monumental tasks that the Legislature has before it in 2021 is redistricting. That will almost certainly be done in a summer or even autumn special session, since Census data will be delayed by the COVID-19 pandemic, but it will happen next year, with all the usual pomp and partisan fighting that accompanies it. And as we also know from living in Texas, litigation and redistricting go together like chips and salsa. This past decade was particularly eventful for redistricting and the courts, and I wanted to have a chance to review where we are now before we embark on the next round. The best person I could think of to have this conversation with is Michael Li, Senior Counsel for the Brennan Center’s Democracy Program, where his work focuses on redistricting, voting rights, and elections. I was of course a dedicated reader of his Texas Redistricting blog, and I follow him now on Twitter, and I was delighted to have the opportunity to ask him all my questions about the state of redistricting litigation:

I have a number of interviews in mind on this topic that I would like to do. I’m working on making that happen, but have no set schedule for any of it at this time. Please let me know what you think.

Biden campaign says it will compete in Texas

That is what we want to hear.

Former vice president Joe Biden is planning to compete against President Trump in traditionally Republican states such as Arizona, Texas and Georgia as his campaign bulks up in size and turns to a general election made highly unpredictable by the coronavirus.

“We believe that there will be battleground states that have never been battleground states before,” said Jennifer O’Malley Dillon, Biden’s campaign manager, on a call with reporters Friday. “We feel like the map is really favoring us if you look to recent polling.”

Biden’s campaign said it will also compete in other states such as Iowa and Ohio that Hillary Clinton lost by large margins in 2016.

The campaign’s public announcement of targets — which some Democrats feel are overly ambitious — is driven by what it sees as weaknesses for Trump that have been magnified by his response to the virus. It comes after weeks of criticism from Democrats, who worry Biden isn’t being aggressive enough.

[…]

Biden’s staff, on the call with reporters Friday, frequently pointed to national polling and surveys in battleground states that give Biden an edge. Recent public polls in Arizona, Florida, Michigan and Wisconsin show Biden leading. Trump is beating Biden by small margins in Iowa and Texas.

The FiveThirtyEight average of the four polls of Texas post-primary have Trump leading Biden by two in Texas. That can change, of course, and there are a whole host of other factors to consider, from fundraising to organization to how the election will be conducted, but it’s hard to see Texas as un-competitive right now. It’s true that if Biden does actually win Texas he’s almost certainly run up the score to such an extent that he surely didn’t need to win Texas, but there are plenty of other considerations as well, from a US Senate race to multiple potential Congressional pickups to winning the State House and having a voice in the 2021 redistricting process. The Chron covers some of this ground:

In the 1990s, Bill Clinton came within 5 percentage points of winning Texas in both 1992 and 1996, but both those races had eccentric Texas tycoon H. Ross Perot taking voters from the Republican nominees. Minus those races, Hillary Clinton coming within 9 percentage points of beating Trump in 2016 is the closest a Democrat has come to winning Texas since Jimmy Carter won the state in his first election in 1976.

The chairman of the Texas Republican Party James Dickey has been warning the party faithful that Democrats are energized and are going to put a lot more money into Texas to try to flip it and Republicans need to be prepared. He’s been touring the state since last year outlining how the party is more aggressively fundraising, hiring field staff and registering voters than in past cycles. While he dismisses the state being a blue state, he has been emphatic that “Texas is on Red Alert” for 2020.

But while Republicans scoff at the idea of Texas turning blue, Trump has already spent more time and money in Texas than many past Republican presidential contenders.

Before the pandemic had even hit, Trump had made 14 trips to Texas since he was inaugurated. That is more than three times as many visits as President Barack Obama made during his first term in office. And with a big financial advantage over the Democrats, Trump has been able to do more to shore up Texas, rather than just focusing on traditional battle grounds in Pennsylvania, Florida and Wisconsin.

It is not hard to imagine a race that is decided by 5 percentage points or less in Texas, said Jillson, the SMU political science professor. But Jillson said if Trump struggles to hold Texas, it would be a sign of a bigger problem nationwide.

“If Texas is in play, it probably means Joe Biden has won 40 other states,” Jillson said.

Forty is an overstatement. If you think I’m being pedantic, go ahead and list the nine states Trump would definitely still win in the event Biden carried Texas. I feel pretty confident saying you’d be leaving off a few obviously red states in such an exercise, all of which would be a much bigger shift towards the Democrats than Texas would, and without the corresponding poll numbers to suggest it. Here’s an illustration of this:

That’s not intended to be a rigorous predictive model, just as noted a simple way of viewing the state of play right now. Point being, Texas really has shifted, and it’s time to think about in those terms. How much of an investment it merits from a Presidential campaign perspective is open to debate, but the fact that it is competitive is not.

More on the potential delay of redistricting

Some further details from the Statesman.

On Monday, Commerce Secretary Wilbur Ross announced that, as a result of the coronavirus pandemic, all Census Bureau field operations would be canceled until June 1, and the agency would not be able to complete the count until Oct. 31.

Ross wants Congress to enact legislation delaying the deadline for delivering apportionment counts to President Donald Trump from Dec. 31 to April 30, 2021, and for delivering redistricting data to the states from March 31, 2021, to July 31, 2021. Ross said he couldn’t rule out further delays.

That would mean that Texas lawmakers would not have the numbers they need to redraw political districts in the upcoming 140-day regular session, which ends on May 31, 2021.

The Texas Constitution requires that the Legislature redraw state Senate and House maps “at its first regular session after the publication of each United States decennial census.”

But, with the delay, that would not be until 2023, too late for the 2022 elections.

“Texas will have to have a special session to do redistricting,” said Michael Li, the former Dallas attorney who is now senior counsel at the Brennan Center for Justice at New York University, where his work focuses on redistricting, voting rights and elections.

Depending on the census count, Texas is expected to add three seats to the 36 it already has in the U.S. House. Li said that, under federal election law, if new maps have not been drawn in time for the 2022 election, any new seats would be elected at-large.

“Or alternatively, a court might draw maps,” Li said.

The same likely would be true if the Legislature fails to draw state House and Senate districts in time for the 2022 election.

[…]

[If] the Legislature were able to take up redistricting in the 2021 session, Republicans would be well situated even if the House and Senate were unable to pass a state legislative redistricting plan that was signed by the governor, because responsibility for devising a plan would then fall on the Legislative Redistricting Board made up of the lieutenant governor, the speaker of the House, the Texas attorney general, the state comptroller and the land commissioner. Unless Democrats take control of the Texas House in 2020 and elect a Democratic speaker, all those officials are Republicans.

That Legislative Redistricting Board provision does not apply in a special session.

The provision in the Texas Constitution means that even if the Legislature, meeting in special session, drew new state legislative lines in 2021, it would have to repeat the process when it convenes in regular session in 2023, said Eric Opiela, an election lawyer and former executive director and associate general counsel to the Texas Republican Party, with long experience in redistricting.

That means that Democrats, who have made flipping the Texas House the centerpiece of their 2020 campaign, “might have two bites at the apple” — the 2020 and 2022 elections — to gain control of the House in time for the last word on redistricting, he said.

The 120-day delay makes redistricting in time for the March 2022 primary, “tough but still manageable, but if there are further delays, then you start bumping into the filing period for candidates and potentially the primary,” Li said.

“The extension is in everyone’s interest, however,” Li said. “Texas is behind in census responses, and it’s important from the standpoint of Texans that the bureau have the time to get the census as right as possible.”

See here for the background. The relevant Constitutional amendment is this one. The 2013 Legislature did indeed revisit the House and Senate maps following the 2011 special session that drew them, but that was also for the purpose of amending the maps to conform with the interim districts the federal court had already drawn for the 2012 election. There are two scenarios where Dems have real leverage. One is in 2021 with a Dem majority in the House. The Legislative Redistricting Board can draw most maps if there’s no agreement between the House and the Senate, but it can’t draw a new Congressional map. That would go to a three-judge panel if all else failed, and it’s not hard to imagine the Republicans not wanting to roll the dice on that. In that situation, there would be lots of room for some horse trading, with legislative maps and a Congressional map that all cater to incumbent protection over maximal partisan gain. I’m not saying this would happen, but it could.

Alternately, Democrats could win or maintain the House in 2022 and win enough statewide offices, including Governor, to force a redraw in 2023 or direct it if a redraw is mandated because the previous exercise had been done in a special session. It should be noted that the same opportunity exists for Republicans, who start out in a much stronger position to make it happen – they would just need to take back the House (this situation only applies if they didn’t have control of the House in 2021) and re-elect Greg Abbott. I definitely have some fear of this scenario playing out, as it is not at all far-fetched, and the 2003 experience shows that they have no shyness when it comes to a bit of mid-decade map-drawing.

All this is getting way ahead of ourselves. For now, the main point is that any delay in the Census has a big ripple effect in Texas, thanks to the legislative calendar and our early-in-the-year primaries. Such a delay is almost certainly necessary to get an accurate count, but it doesn’t happen in a vacuum, and we need to be aware of what would happen as a result. This is a subject we will come back to again and again between now and January.

Coronavirus and redistricting

Big surprise.

A delay in census counting because of the coronavirus pandemic could push Texas redistricting into legislative overtime next summer.

Trump administration officials on Monday proposed delaying reapportionment counts and the distribution of redistricting data by four months, which would kick the delivery of data Texas lawmakers need to redraw political districts from March 2021 to July. That puts it past the end of the next scheduled legislative session.

The proposal must be approved by Congress. Under that plan, census counting would extend to October 31.

[…]

The Texas Legislature meets once every two years from January to late May. Under the bureau’s proposal, the redistricting data would come “no later than July 31,” meaning Gov. Greg Abbott may have to call lawmakers back for a special legislative session to redraw congressional and legislative maps.

It was not immediately clear what this would mean for the involvement of the Legislative Redistricting Board, a five-member board that steps in to redraw state Senate and House maps if lawmakers fail to redraw them during the regular legislative session following “the publication of the decennial census.”

No one could have seen this coming. In truth, I’m kind of glad to see it. I’d much rather have a delayed redistricting process than one based on a rushed and surely inaccurate Census. We all know the Census cannot proceed normally now. By far the best thing to do is give it some extra time (and money) so we can get the best count we can. Delaying the redistricting process by a couple of months, which in turn may force the 2022 primaries to be later in the year as they were in 2012, is a small price to pay for it.

That said, there must be heavy oversight of any changes to the process.

The bureau’s plans were first made public Monday by Rep. Carolyn Maloney (D-N.Y.), who chairs the House Oversight and Reform Committee.

In a press release describing a phone call Ross held with some members of Congress about the plans, Maloney says the committee “will carefully examine” the request to change the census deadlines, while also criticizing the administration for not providing more information and not allowing Dillingham, the bureau’s director, to brief the committee about its plans in response to the pandemic.

“If the Administration is trying to avoid the perception of politicizing the Census, preventing the Census Director from briefing the Committee and then excluding him from a call organized by the White House are not encouraging moves,” Maloney said in the written statement. “The Constitution charges Congress with determining how the Census is conducted, so we need the Administration to cooperate with our requests so we can make informed decisions on behalf of the American people.”

According to the House oversight committee’s press release, Ross “acknowledged that the Administration had not sought input from Congress about this request in advance of this call because of concerns about leaks to the press.”

Asked by NPR why no Census Bureau officials participated in the call, Cook responded in an email that Dillingham now plans to speak with members of Congress “as soon as possible,” noting: “The Secretary of Commerce is statutorily delegated responsibility to conduct the decennial census and took the role of calling key congressional leaders to continue the consultation process.”

The bureau’s changes for the 2020 census were supported by Vanita Gupta, president and CEO of The Leadership Conference on Civil and Human Rights, one of the main groups advocating for participation in the count.

“If it’s not safe to have census takers visiting people’s homes by June, then Congress has an obligation to consider other options to protect census workers and the communities they serve, and to ensure an equitable count,” Gupta said in a statement. “We cannot afford to compromise the health of our communities or the fairness and accuracy of the census.”

I agree with Vanita Gupta that this is the right thing to do. But I also agree with Stacey Abrams that we cannot trust the Trump administration to have good intentions, and we need to watch them like a hawk to make sure they are doing what they are legally obligated to do. Anything else would be just as bad an outcome.

Coronavirus is taking its toll on the Census

The timing of this pandemic really sucks.

The nonprofit Interfaith Ministries for Greater Houston had more than 15 tabling events planned over the next several weeks where volunteers were going to post up at festivals, fairs and other community gatherings and educate people about the value of filling out the census.

Then the coronavirus crisis hit. One by one, gatherings were canceled, and Texans increasingly became subject to stay-at-home orders.

“This is a very challenging census,” said Ana Mac Naught, census coordinator of the Houston in Action coalition, a collaboration between the city of Houston, Harris County and more than 50 local organizations, including Interfaith Ministries. “We are focusing on what we’re able to do at this moment.”

Local governments and nonprofits knew they already had their work cut out for them when Texas — in keeping with many other Republican-led states — declined to approve funding for grassroots census outreach.

Initial returns show Texas is already behind the rest of the nation: The self-response rate statewide is 31.3 percent compared to 36.2 nationally, as of Monday, the most recent data available. Most households have responded online. After the last census in 2010, Texas tied for the 7th lowest response rate in the country at 64.4 percent.

Now, leaders of groups helping with the count say they’re facing a whole new set of challenges as the coronavirus crisis thwarts their efforts to engage people face-to-face, and they’re forced to quickly pivot to digital and phone-based alternatives.

[…]

Harris County trails the rest of the state with a 30.7 percent response rate while Bexar County is ahead at 32.7 percent. So far, the more affluent, suburban parts of both metropolitan areas are participating at higher rates than the urban cores. That’s something local leaders say they are watching closely, as they try to target the large Hispanic and other hard-to-count communities in both cities.

It’s too early to tell whether the decline is related to coronavirus, but Texas has faced an uphill battle.

According to the Center for Urban Research, one in four Texans belong to a hard-to-count population, which includes racial and ethnic minorities, people experiencing homelessness, immigrants and refugees, renters, college students, children under the age of 5, and the LGBTQ community.

This time period of self-response is especially important, local leaders say, because the more households participate now, the fewer people that stand to be missed later and the fewer households that will require a visit from a census taker.

“People definitely understand that the census is not on the top of people’s priority list,” said Katie Martin-Lightfoot, coordinator of Texas Counts, a statewide initiative from the left-leaning Center for Public Policy. “We are trying to look for these very non-intrusive ways to get the message out there about the census.”

See here for the background. As I said before, the most obvious answer is to do to the Census what has been done with the primary runoffs, the Olympics, and so many other things – push the deadlines back by however long you think it may take to get past the worst of this, and adjust from there. There’s no reason at all why we have to be slaves to the original schedule, given the life-altering event that has disrupted literally everything else on the planet. If that pushes back the 2021 redistricting process and the 2022 primaries, then so be it. The only impediment is our own willingness to recognize the truth. Houston Public Media, which interviews County Judge Lina Hidalgo about this, has more.

Coronavirus and the Census

Oh, man, does this have the potential to be devastating.

In some corners of the state, the meticulous planning spanned more than two years.

Detailed maps of Texas communities were pored over. A ground game to knock on doors was worked out, and plans for educational meetings and seminars were set. It was all in service of getting the high-stakes, once-a-decade census of everyone living in the state right.

Then came the coronavirus.

Now, with the count already underway, the contingent of local government employees, service providers and volunteers who had been working to breach the gap left when state officials decided not to fund any census outreach work are scrambling to figure out how to urge Texans to respond to the census amid a pandemic that’s forcing everyone to keep their distance.

The constitutionally mandated count that began in Texas last week is supposed to wrap up by July. While the U.S. Census Bureau has said it’s monitoring the evolving coronavirus situation, it has not changed its deadlines so far, leaving communities to press forward with their efforts to get everyone counted by the summer.

But the pandemic is making what was already a hard-to-count state that much tougher to enumerate and further raising the stakes for the Texans — residents who don’t speak English, people living in poverty and immigrants, to name a few — who were already at the highest risk of being missed.

“From the beginning, we identified this as a ground game. The more people we could physically talk to, the better,” said Margaret Wallace Brown, a planning and development director for the city of Houston who has been leading the community’s census outreach efforts. “We were shaking hands and kissing babies. Well, those two things are not doable right now, so how do we replace that with another ‘high-touch’ circumstance that will convey the message as compelling as a face-to-face conversation?”

I don’t know the answer to that question, but it’s one of many that everyone who wants to get an accurate Census count must try to answer. But as the federal government is grappling with many coronavirus-related questions, it also needs to keep in mind that the currently-mandated deadlines may be meaningless, and adjust accordingly. If that means redistricting, and ultimately the 2022 primaries, need to get pushed back a few months, as they were in 2012 due to litigation, then so be it. Getting the count as accurate as we can is the top priority. Everything else is subservient to that. Mother Jones has more.

Please fill out the Census

I mean, come on. If you’re a reader of this blog, you know damn well it’s your civic duty.

Texas loses more than $2,300 per year for every person who doesn’t get counted in the U.S. Census, according to a recent study by George Washington University.

With stakes in the billions for the once-in-a-decade event, Houston and Harris County officials Monday announced a vigorous joint effort to get an accurate headcount of every person in the region. The “Yes! To Census 2020” campaign, fueled by $4 million in county funds and $2 million from the city, includes outreach through community groups, key influencers and public art along with real-time data collection on responses from historically undercounted communities so that outreach workers can be deployed strategically.

Census forms will be mailed on March 12 and participants may respond online for the first time, or complete the form in writing or by phone, with assistance available in multiple languages. For those who don’t respond, the Census will send out enumerators later this year to attempt door-to-door data collection in some portions of the country, but many people will be missed, Census officials say.

[…]

Texas’ biggest counties and cities, including Houston, Dallas, San Antonio and Austin, are shouldering that burden on their own, officials said during a launch event at the Children’s Museum Monday.

“We are doing everything we can to make sure that folks participate, said Harris County Judge Lina Hidalgo. She called Census 2020 a crucial moment “to live up to that right that we have…to be counted.”

Amid heightened tensions for immigrants under the Trump administration, Hidalgo made an impassioned plea, in the Spanish version of her remarks, to prospective participants to set aside any fears about filling out the form.

“The Census is very safe, I want to make that very clear, that under penalty of prison or fine, nobody can share your personal information from the Census — not ICE, the FBI, no organization or federal agency can access your personal information about the Census,” she said in Spanish.

As we know, the state shirked its responsibility and left the heavy lifting to the cities and counties, who will definitely feel the brunt of any undercount. It’s not just the big urban and suburban areas that are scrambling to do the work that the state refused to do – plenty of rural counties are doing their best, too. So please make it a little easier on them and fill out your damn form when you get it. It’s the least you can do.

DNC to target Texas

Game on.

The Democratic National Committee [added] Texas to its list of 2020 targets just days before Super Tuesday, vowing to invest heavily in the state to help Democratic candidates up and down the ballot in the latest sign that the national party is taking Texas more seriously than it has in years.

That investment includes getting more organizers on the ground as the party also seeks to take control of the Texas House from Republicans who have held it for a generation. While the DNC is focused on helping the Democratic presidential nominee beat President Donald Trump, the party also says it will help with the race against Republican U.S. Sen. John Cornyn, as well as efforts to win the nine seats needed to flip the state House.

[…]

“You’ve got a whole new era of Democratic politics in Texas, and you have a national party making a commitment to lift Texas up,” said Manny Garcia, executive director of the Texas Democratic Party. “This is a significant investment from the DNC to make sure we lay the groundwork necessary for a competitive and strong battleground presidential race.”

The party would not disclose how much the national arm plans to pour into Texas and said it will roll out more detailed plans for the funding in the coming weeks. But the investment will include additional staff and organizers.

The DCCC is already here in multiple races, and the DSCC is backing MJ Hegar, though what that might mean for November is unclear at this time. There’s enough polling to suggest that Texas can be competitive in November in the Presidential race, but the downballot rewards are great as well, including and especially at the legislative level where flipping the House would give Dems leverage for Congressional redistricting. The surprise here would have been if the DNC had decided to stay out of state for November.

Can someone beat Lucio?

Maybe this is the year.

Sen. Eddie Lucio

A lot of Democrats running for the Texas Legislature this cycle are hoping that the opportunity to influence the next redistricting process helps propel them to office. One Democrat, meanwhile, is hoping it keeps him there.

As state Sen. Eddie Lucio Jr. of Brownsville looks to hold off two primary challengers, he is strongly emphasizing his experience and seniority, which includes nearly three decades in the upper chamber, making him the third most senior member in the 31-person body. He sits on the Senate Select Committee on Redistricting, and with three rounds of political boundary-drawing under his belt, he is arguing now is not the time for the Rio Grande Valley to gamble on a fresh face.

“This is no time for freshmen,” Lucio said in an interview outside a campaign event here earlier this month, echoing comments he made last month to the McAllen Chamber of Commerce. “I didn’t mean that in a negative way. I meant it in a very constructive way because … I remember my freshman year — and nothing wrong with that, you know, time would give you the experience that you need, but right now it’s important that we continue, have a little continuity on what we’ve had.”

Yet Lucio’s tenure — along with his experience siding with Republicans on some controversial topics — is fueling arguably unprecedented primary opposition from Brownsville attorney Sara Stapleton Barrera and Ruben Cortez, a member of the State Board of Education from Brownsville. Together they represent “probably the biggest challenge [Lucio]’s had in a long, long time,” Brownsville historian Tony Knopp said.

The looming redistricting process is factoring prominently into state House races as Democrats work to flip that chamber and earn a bigger say in redrawing the maps that will shape elections for a decade. Lucio’s emphasis on seeing that process through is part of a four-point reelection pitch centered on experience, seniority, “track record” and his relationships on both sides of the aisle.

But Stapleton Barrera and Cortez argue Lucio sides too often with Republicans, failing to represent his solidly blue district, especially since Lt. Gov. Dan Patrick, a conservative firebrand, became the Senate’s presiding officer. And when it comes to redistricting, Cortez questions whether Lucio can be trusted to stick with Democrats throughout the process given his party-bucking ways and closeness to Patrick.

“That’s not even a question we should have on our minds,” Cortez said, “but we do.”

Lucio has taken the opposition seriously, dramatically out-raising and outspending his competition since last summer. Still, he said he is not sure he could win outright on March 3, raising the possibility of a runoff that could draw in the party’s most engaged voters.

There’s more, so go read the rest. I’m more inclined to support Cortez based on all I’ve read, but either would be an upgrade. Lucio has indeed raised and spent a bunch of money (and that’s without looking at the 30-day and 8-day reports), and the fact is that it’s hard to oust an incumbent in the absence of a scandal of some kind. On the other hand, the electorate overall is more restless than usual, and Lucio is vulnerable to a lot of arguments. A runoff would not shock me.

Trib overview of the CD10 primary

I have three things to say about this.

Mike Siegel

When Mike Siegel made a long-shot bid to unseat U.S. Rep. Michael McCaul, R-Austin, two years ago, few were watching — until he surprised political observers and came within 5 points of flipping the longtime Republican seat. Now the seat is up for election again, and national Democrats are paying attention.

Siegel’s 2018 result means the 10th Congressional District, which stretches from metro Austin to the northwest outskirts of Houston, is finally considered in play after a 2003 redistricting left it deeply gerrymandered and solidly red. Many more eyes are now on the race, including the Democratic Congressional Campaign Committee’s. But for Siegel, that has translated to tougher competition.

A former lawyer for the city of Austin, Siegel is vying for the Democratic nomination along with two newcomers: labor and employment lawyer Shannon Hutcheson and physician Pritesh Gandhi, both also from Austin.

A primary runoff is likely in TX-10, but with two weeks to go until Super Tuesday, it’s still uncertain who will make the cut. Siegel and his supporters put the district “on the map” last cycle after “the state and national party had left [it] for dead,” Siegel told The Intercept in June.

“People across this district remember me for showing up when for decades Democrats hadn’t really shown up, in some of these rural communities in particular,” Siegel told The Texas Tribune. “They appreciate that we brought this race so close without a lot of outside support.”

Siegel faced even more primary opponents in 2018 but won the nomination relatively easily. He garnered more than double the votes of each of his opponents in the first round of voting and went on to win the runoff by nearly 40 percentage points.

But Siegel holds views that might raise questions about whether he’s the right candidate to flip a traditionally red district. Because he is the most progressive candidate and the only one who supports “Medicare for All” and the Green New Deal, his bid could be seen as a riskier choice to challenge McCaul in the historically Republican district.

Hutcheson and Gandhi have taken more moderate positions, and each is getting some national support. Hutcheson has been endorsed by EMILY’s List, the influential group that works to elect Democratic women who support abortion rights. Gandhi, meanwhile, has the backing of 314 Action, which backs scientists running for office.

Fundraising in the primary has been competitive, especially between Gandhi and Hutcheson. In the fourth quarter, Gandhi and Hutcheson raised $257,000 and $216,000, respectively, while Siegel has trailed behind with $96,000. This was the first quarter Gandhi out-raised his opponents.

1. I feel like we all need to aim for a higher level of precision when we use the word “gerrymandering”. A district that heavily favors one party is not necessarily “gerrymandered”. The old, pre-2003 CD10, which was a nice, compact, entirely-within-Travis-County district, was a safe Democratic seat and not at all “gerrymandered”. CD13, which hews almost entirely to state and county borders and is ridiculously Republican, is almost the exact opposite of “gerrymandered”. A funny-looking district isn’t necessarily “gerrymandered”, either. CD18 is an African-American opportunity district, and has been drawn the way it is to encompass many African-American neighborhoods. For sure, Texas is a longtime and notorious hotbed of gerrymandering, and we should expect more of it in 2021. But context matters, and it would be helpful to have a clear idea of why a particular district’s boundaries are offensive or illogical or just plain nakedly partisan, if only to pick the right battles.

The current CD10 was certainly drawn with ill intent, partly to defenestrate Lloyd Doggett (oops) and partly to deprive the city of Austin of representation. The irony here is that, at least based on the 2018 election, the end result was to conjure up a fairly competitive district, which was not at all what the Republicans had in mind. A combination of booming growth in Travis County, and a one-two punch of demographic change and Trump-inspired suburban shifting in Harris County – compare CD10 2012 and CD10 2018 to see the effect – has worked to threaten what Tom DeLay once envisioned. None of that undoes the malice in the map, but it does show that the best-laid plans can (maybe) be undone by sufficiently rapid increases in population and diversity.

2. It’s important to remember, though, that as hard as CD10 swung towards Democrats in 2018, it was not at all clear it would be as competitive as it turned out to be following the 2016 election. Trump still carried CD10 by a 51.9 to 42.8 margin, and no other Democrat reached 40% in the district. As the 2018 cycle went on, and it became clear what the political environment was like, it made sense to put some resources into longer-shot districts like CD10. Mike Siegel did raise almost $500K in the 2018 cycle, which sounds like nothing now but was one of many record-breaking hauls at the time. He was also on the low end of the spectrum, raising less money than candidates like Julie Oliver and Jana Lynne Sanchez. The DCCC has to make choices about where it spends its money, and CD10 wasn’t at the top of the list in 2018. Maybe a million bucks or two dropped on that district might have helped, who knows. I don’t think it was outrageous the way priorities were made last cycle .

3. Siegel is doing better on fundraising this time around – as of the January 2020 report, he had almost matched his entire total from the 2018 cycle. It’s just that this time, he has opponents who are doing even better on that score. Several repeat candidates from 2018 are far outpacing their opponents in fundraising – Gina Ortiz Jones, Sri Kulkarni, Julie Oliver – but Mike Siegel is not in that class. He can very much win this primary, and whoever does get the nomination will justifiably have establishment support going forward. He happens to have drawn strong opponents this year. That’s the way it goes.

A look at the other SBOE races of interest

There are three races in the State Board of Education that Democrats have a shot to flip based on recent election results. We are pretty familiar with SBOE6, so let’s take a look at districts 5 and 10. The Statesman does the honors.

Ken Mercer

The Republican-dominated State Board of Education could see up to two-thirds of its members replaced this election cycle. It would be a seismic political shakeup for a body that often tackles divisive issues, such as sex education, evolution and racial topics.

Four Republican members on the 15-member board are retiring, two Democrats are seeking higher office and four incumbents are facing opponents. The board is tasked with adopting curriculum for all Texas public grade schools, approving textbooks, signing off on new charter school operators and managing the $44 billion Permanent School Fund.

“Typically, what we’ve seen is the far right faction voting together as a bloc,” said Dan Quinn with the Texas Freedom Network, a liberal group that closely monitors the board’s more controversial decisions. “But we’re seeing probably the last of the old guard, religious right faction on the board leaving the board this year,” referring to Barbara Cargill, R-Woodlands, and Ken Mercer, R-San Antonio, who were elected in 2004 and 2006, respectively.

Both Central Texas seats are up for reelection – Mercer’s District 5 and District 10, represented by Tom Maynard, R-Florence, who has drawn a Democratic opponent for the November election but is running unopposed in the March GOP primary.

[…]

The Republicans running to replace Mercer, who is retiring, are Inga Cotton, executive director of San Antonio Charter Moms, which connects families to charter school resources; Lani Popp, a speech pathologist at the Northside school district in San Antonio; and Robert Morrow, an ardent opponent of Donald Trump’s presidency who was recently blasted by the Travis County GOP for what they say is his use of vulgar, misogynist and slanderous language.

The Democrats running for Mercer’s seat are Rebecca Bell-Metereau, a Texas State University professor of English and film who’s making her fourth run for the board, and Letti Bresnahan, a former school board president at San Antonio’s North East school district and a director of continuing medical education at University of Texas Health San Antonio.

The Democrats running for the chance to challenge Maynard for District 10 are Marsha Burnett-Webster, a retired educator and college administrator, and Stephen Wyman, a school bus driver.

At least two Republican seats on the board have a possibility of flipping to Democrats this year – Mercer’s district, which includes parts of Austin, as well as District 6 represented by Donna Bahorich, R-Houston, who is not running for reelection.

In District 6, the percentage of votes for a GOP candidate has declined since at least 2008, from 79.3% to 54% in 2016.

Mercer’s percentage of votes also has dropped each time he has run for reelection, from 71.1% in 2006 to 49.6% in 2016, when he prevailed against Bell-Metereau and Ricardo Perkins, a Libertarian. Mercer’s district includes all of Texas House District 45, which flipped from red to blue in 2018.

“The demographics of the district have changed over the past. Northern Bexar County, Comal County, Hays County, southern Travis County have had tremendous population growth, and those tend to be suburban voters and (those) who have moved from out-of-state,” Cotton said.

The two Democrats seeking other office are Lawrence Allen, running in HD26, and Ruben Cortez, who is challenging Eddie Lucio in SD27. Both were re-elected in 2018, so they will only step down if they win this year. All SBOE seats are up in 2022, in the same way that all State Senate seats are up in the first cycle after redistricting; I’m honestly not sure offhand if there would be a special election in 2021 to fill out the remainder of those terms, or if the Board appoints an interim person.

The Statesman story doesn’t consider SBOE10 to be competitive. It’s the least flippable of the three, but it’s in the conversation, especially if Dems have a strong year. For sure, if we flip SBOE10, we’ve run the table and Dems have taken a majority on the Board.

The story has some quotes from the candidates, so read on to learn more about them. One last point I’ll make is about the lack of straight ticket voting, which Dan Quinn from the Texas Freedom Network noted. Putting aside the partisan question, which I still consider to be open, SBOE races are pretty close to the top of the ticket. In order, there will be the three federal races – President, Senate, Congress – then the statewide races, which this year is Railroad Commissioner and seven judicial slots, and next after that is SBOE. Look at the results from 2012 to see what I mean (I’m using those instead of the results from 2018 because there were no non-RRC statewide offices on the ballot in 2012). The order in which the results appear is the order of the races on the ballot. People may not know much about the SBOE races, which admittedly may make some of them skip it, but they won’t be especially taxed by the effort it takes to get to that race.

Dan Patrick makes the most predictable announcement ever

Really, who didn’t see this coming?

Lt. Gov. Dan Patrick said Thursday he may further lower the threshold required to bring bills to the Senate floor if Republicans lose one or two seats in November.

Patrick made the comment at a conservative policy conference in Austin while discussing the current makeup of the upper chamber, which has 19 Republicans and 12 Democrats. Currently, 19 votes are required to put legislation on the floor for passage. But Republicans are facing the real possibility of losing at least one caucus member in 2020. Sen. Pete Flores, R-Pleasanton, is running for reelection in a solidly Democratic district after winning his seat in 2018 special election upset.

“I’m right there at that number, and if we lose one or two seats, then we might have to go to 16 next session,” Patrick said. “We might have to go to a simple majority because we will not be stopped in leading on federalism in the United States of America.”

Honestly, this is good news and we should be thankful for it. For one, this is the closest thing any Republican will come to admitting in public that they expect to lose SD19, a seat that they had the very good fortune to borrow for the 2019 session. There’s no reason Dan Patrick would voluntarily say this out loud to people who might report on it otherwise. He’s laying the groundwork. But look, while the two-thirds-that-is-now-three-fifths rule had its place in an older time, when the parties were less sorted by ideology and that rule wasn’t generally used for partisan reasons, it’s an anti-majoritarian abomination that just has no place in a democracy. Just look at the devastation that the filibuster wrought in the US Senate during the Obama presidency. You can’t be in favor of killing the filibuster and preserving the 2/3-3/5 rule. At least, I can’t.

Sure, in the short term, if Dems don’t take the House this year, losing the 3/5 rule will suck. Patrick and his cronies will get another session to shove through all the ridiculous wingnut crap they can, and may get to keep doing it even longer given that they’d be in control of redistricting. But someday, maybe even someday in the 20’s, the Dems are going to retake the Senate. Maybe it’ll happen in 2022, when all of the Senate is on the ballot, and maybe it’ll happen in conjunction with Dems winning statewide and keeping the House. Now ask yourself, in a Senate where Dems have 16 or 17 members: Do you want to let Senate Republicans control that chamber’s agenda by blocking every single bill the House passes that they don’t like? Or would you rather let those 16 or 17 Dem Senators do the job they were elected to do?

The brilliant thing is that when the Democratic Lieutenant Governor announces the Senate rules, which do not include a 2/3 or 3/5 rule, no one can cry about the vicious partisanship of it all, because Dan Patrick will have already set the precedent. He’ll get to have it first, but we’ll get it next, and we won’t have to do any work to make it happen. If you don’t see that as a golden opportunity, even if it is one whose timeline is unknown, I don’t know what to tell you.

Looking ahead in CD07

This story is primarily about the Republican primary in CD07. I don’t care about that race or those candidates, but there’s some good stuff at the end that I wanted to comment on.

Rep. Lizzie Fletcher

Since she’s taken office, some Houston Republicans — old school, Bush-acolyte types — concede [Rep. Lizzie Fletcher is] an on-the-ground presence and a force to be reckoned with for whoever the Republicans nominate.

That assessment is, in part, thanks to her fundraising. She is the top Democratic fundraiser in the Texas delegation and only lags behind Crenshaw among U.S. House members from Texas. And while the Republican primary is expected to drag on into a runoff in May, Fletcher can watch from the sidelines while banking her money for the coming general election television ad wars.

Because of those factors, non-partisan campaign handicappers at Inside Elections rate the 7th Congressional District as “Lean Democratic.”

“She is formidable, as evidenced by nobody on the Democratic side running against her,” said Jason Westin, a rival from her 2018 primary fight who has donated to her campaign this time around. “She’s done an excellent job … and I think she’s been checking boxes and basically doing what she said she was going to do, which is what got her elected over an incumbent the first time.”

And there’s an urgency in GOP circles that if they are to defeat Fletcher, it must be this cycle. Incumbents are traditionally at their weakest during their first term.

But also, the next cycle will take place after redistricting. Even if Republicans hold the map-drawing power in the state Legislature, it will be difficult to shore up the 7th District into their favor this time around. Any attempt to draw nearby Republican voters into the district could risk destabilizing the other Republican-held districts in the Houston metropolitan area.

In the here and now, members of both parties privately acknowledge that for all the fundraising, campaigning and strategizing, the 7th Congressional district is likely to be the Texas seat most susceptible to national winds.

After all, it is Trump who is most credited with pushing this district into the Democratic column. In 2012, Republican presidential nominee Mitt Romney carried the district by 21 percentage points. But in 2016, Trump lost the district by one percentage point, giving Democrats the impetus to compete in West Houston.

As I’ve said before, I consider CD07 to be Lean Dem. Rep. Fletcher could certainly lose, but she hasn’t done anything to make her position any more vulnerable. She’s done the things she campaigned on, she’s raised a ton of money, she’s not committed any gaffes, and she’s been very visible in the district. As the story notes, she won by five points in a race that was expected to be a photo finish, and in which the polling we had tended to show John Culberson up by a small margin. Don’t underestimate her, is what I’m saying.

If there’s one thing that gives me a little bit of pause, it’s that while Democrats in 2018 exceeded their countywide totals from 2016, Republicans lagged theirs, by 70 to 100K votes. Their turnout will be up from 2018, and so it’s a question of how much Dems can increase theirs. I expect it to be up to the task, but it is a factor. I mean, Culberson got 143K votes in 2016 but only 116K in 2018, while Fletcher got 128K. I expect she will need more than that to win this year.

Of course, some of those votes Fletcher got were from people who had previously voted mostly Republican. It was those people, who voted for Hillary Clinton over Donald Trump while otherwise voting GOP in 2016, that out CD07 on the map in the first place. These people voted for more Democrats in 2018, as precinct analysis makes clear, but they still voted for some Republicans. My sense is that those people will mostly stick with Dems in 2020 – if being anti-Trump drove their behavior in 2016 and 2018, it’s hard to see why it wouldn’t drive their behavior in 2020 – but that is a variable. And as for what happens in 2022 when we are post-Trump (please, please, please), that’s anyone’s guess at this point.

As for redistricting, I don’t know what the Republicans will want to do with CD07. First, it matters whether they have control over the process or if they have to deal with House Democrats, and second it matters if they’re seeking to protect a new incumbent or enact a strategic retreat, in which case they can use CD07 as a Democratic vote sink and shore up all three of CDs 02, 10, and 22. Or, you know, try to win back one or more of them – if Dems take at least one of those seats, they’ll need to figure out how to protect those new incumbents, too. I know that redistricting is at a basic level a zero-sum partisan game, but it’s also more than two-dimensional. There are a lot of interests to balance, and it’s not always obvious what the best move is. I mean, who would have ever expected that we’d be talking about this back in 2011, right?

We’re not going to get an independent redistricting commission

Nice to think about, but the set of circumstances that might lead to it are exceedingly narrow.

Most of the seven states that have independent commissions adopted them by a citizens’ initiative. Since Texas doesn’t have that option, the only way it would happen would be if lawmakers voluntarily gave up their redistricting power.

Kathay Feng, national redistricting director of the progressive government watchdog group Common Cause, said that’s unlikely to happen in Texas, but not impossible.

“The reality is that when a legislature is looking at potentially split control or the changeover of control from one party to another, they’re the most likely to entertain the possibility of redistricting reform,” Feng said.

Rice University political science professor Mark Jones said it would take a unique set of circumstances.

“It would take us reaching a tipping point where Republicans are pessimistic about their prospects for retaining a majority, but Democrats are also pessimistic about their prospects for taking a majority as well,” Jones said.

I think Jones’ assessment is basically accurate, but it’s important to understand what Republican pessimism about retaining a majority means. We’re talking about them being afraid that they might face unified Democratic government in 2031, the next time redistricting will come around. And not only must they fear this thing that might happen ten years and three statewide elections from now, they must conclude that their best option now would be to curb that future theoretical Democratic hegemony via the creation of an independent redistricting commission. All this happens following a Democratic takeover of the State House, because otherwise Republicans can do what they’ve done before, which is draw whatever districts they want without fear. You see what I mean by exceedingly narrow?

Let’s keep one other thing in mind here. If we do get a Democratic State House, Republicans can still push for whatever maps they want for the SBOE, the State Senate, and the State House. That’s because if the two chambers can’t agree on maps for those three entities, the job gets thrown to the Legislative Redistricting Board, which is the Lite Governor, the Speaker, the AG, the Comptroller, and the Land Commissioner. In other words, a Board on which Republicans would have a 4-1 majority, and thus no trouble passing those Republican maps. The one map that would still be up in the air would be the Congressional map. If there is no map passed legislatively, it gets thrown to a federal court, over which neither side would have any control.

There is room in this scenario for some compromise. Republicans would prefer not to let a court do this work. Democrats would of course like to have some influence in the mapmaking process. You can imagine an agreement to draw maps for all four entities – Congress, SBOE, Senate, House – that leans towards incumbent protection rather than greatly advantaging or disadvantaging one party over the other. If that happens, you could also imagine them including an independent commission as a bonus Grand Bargain, but that seems a bridge too far. But compromise maps that mostly don’t make any incumbents’ lives too difficult, that I can see maybe getting done.

Maybe. The situation I’ve just described here is like what happened in 2001, which was the last time Dems controlled the House. The LRB drew the state maps, which led to the massive GOP takeover in the 2002 election, and a court drew the Congressional map. And then, once Republicans had control of the House, they went back and redid the Congressional map. That was the original, stated motivation when Tom DeLay pushed for re-redistricting in 2003: The Congressional map should be drawn by the legislators, not by a court. Obviously, they wanted a map that was much more favorable to Republicans, but that was the original reason they gave. It seems to me that this is a very plausible outcome in 2021 as well – the Republicans decide to let a court draw the map, which in all likelihood would be quite deferential to incumbents anyway, then take their chances on retaking the House in 2022 and doing a new Congressional map again. Hey, it worked once before, and now they have a more favorable Supreme Court to back them up.

Honestly, this may be the single most likely scenario – the LRB draws the state maps, a court draws the Congressional map, and everything hinges on the 2022 election. Maybe Dems keep the State House. Maybe we manage to elect a Democratic Governor, who could then veto any new Congressional map. Maybe Republicans win and do their thing. Heck, even in the Great Map Compromise scenario, who’s to say that Republicans wouldn’t tear it all up and start over in the event they retake the House and retain the Governor’s Mansion? I’d put money on that before I placed a bet on a redistricting commission. 2031 is a long, long way away. It’s not at all irrational to prioritize the now over what maybe could possibly happen if everything goes wrong.

DMN profile of Chris Bell

The Dallas Morning News did a series of profiles of Democratic Senate candidates during the Christmas break. They’re worth reading, especially since polls show many of us don’t know these candidates all that well. I’m going to post about each of these, so let’s start with the first one they ran, featuring Chris Bell.

Chris Bell

Chris Bell has never gotten over being drawn out of a congressional seat, a move by Republicans in 2003 that altered the course of his political career and robbed him of a job he loved.

“People forget that things were going great for me in the United States Congress and I was damn good at the job,” Bell told The Dallas Morning News during an interview in his Houston campaign office. “It could not have been going any better.”

It got worse. A GOP-led redistricting plan ushered Bell out of Congress after just one term.

But Bell is running again, this time in the Democratic Senate primary for the nomination against Republican incumbent John Cornyn.

Bell said he’s uniquely qualified to send Cornyn back to Texas and lead the push for progressive legislation in the Senate, including providing affordable health care, curbing gun violence, reversing climate change and creating an economy that benefits all Americans.

“If you look at my background and the fact that not only I have that experience in government and politics but been a practicing trial attorney, they realize that I can hold my own and go toe to toe.”

[…]

After a career as a popular radio news reporter in Amarillo and Houston, Bell left journalism to practice law. He’s always had a love for politics.

He’s been a part of numerous political campaigns, beginning with failed bids for an Amarillo-based congressional seat in 1984, a Houston council race in 1995 and a Houston mayor’s race in 2001.

Bell broke through in 1997, winning a Houston council seat that propelled his career. He was later elected to Congress, where he became one of two freshman on the whip team and helped develop the port security caucus.

But former House Majority Leader Tom DeLay’s aggressive redistricting plan targeted Bell and other white male Democrats from Texas.

Bell was placed in a district dominated by black voters with Democrat Al Green, who is black. Critics said that after Bell lost his original, 65%-Anglo district, he should have stepped aside in favor of Green.

“It was interesting from the standpoint of getting to see Washington from two different viewpoints, one as an up-and-coming, rising star member of Congress to outgoing member of Congress in a year’s time,” Bell said.

It’s an interesting thought experiment to wonder what might have happened if the DeLay re-redistricting of 2003 had not happened, and Bell had not been drawn out of what was then CD25. He won by almost 12 points in 2002, and I’d say he could have easily held the seat through 2008. The 2010 massacre would probably have taken him out – in this alternate universe, maybe Roy Morales is the first Latinx member of Congress elected from the Houston area – but even if he managed to survive that, I’m sure the 2011 redistricting would have been the end. Much of what was once CD25 is now split among CD07, CD18, and CD09, the district that Bell was drawn into. I cannot imagine anything like the old CD25 making it into this decade.

In this fantasy world I’m spinning, Bell gets some extra Congressional tenure, including two terms in the majority. He doesn’t get his folk hero status for filing the ethics complaint against Tom DeLay that led to his indictment and subsequent resignation from Congress – for all we know, DeLay could still be the incumbent in CD22 in this scenario – nor would he had run for Governor in 2006 or State Senate in 2008. Where he might be now is too big a leap for me to make.

Anyway. We’re in this universe and this timeline, and we have the Chris Bell that we have. I’ve interviewed him a couple of times, most recently in 2015 when he ran for Mayor. He’s a perfectly good candidate, the only one who has run in a statewide general election, and he’s positioned himself on the left end of the spectrum among the main candidates running. Read the piece and see what you think.

Texas is on track to pick up three more Congressional districts

Put an asterisk next to this, as the actual Census will need to bear that out.

The U.S. population continues to shift south and west, according to new Census Bureau data that offers the clearest picture yet of how the 435 congressional seats will be distributed among the 50 states.

The latest numbers, released Monday, represent the final estimates from the government before next year’s decennial Census, which will determine how many House seats and Electoral College votes each state will have for the next decade. That reapportionment, expected in December 2020, will kick off the year-and-a-half-long process of redrawing congressional-district maps — still in many states a brazen partisan battle that makes strange bedfellows, unplanned retirements and intense member-versus-member races, especially in states poised to lose seats.

“The first two years of any decade when districts are drawn produce the whitest knuckles in Congress,” said former Rep. Steve Israel (D-N.Y.), who led House Democrats’ campaign arm in the 2012 cycle. “People are trying to hold onto their seats at all costs.”

According to projections from Election Data Services, a political consulting firm that specializes in redistricting, 17 states are slated to see changes to the sizes of their delegations, including 10 that are forecast to lose a seat beginning in 2022.

The biggest winners appear to be Texas and Florida, which are on track to gain three seats and two seats, respectively, according to the projections. Arizona, Colorado, Oregon, and North Carolina are estimated to add one seat, as is Montana, which currently has just one at-large seat.

Meanwhile, 10 states are on track to lose one seat: Rhode Island, West Virginia, Minnesota, Michigan, Ohio, Pennsylvania, New York, Alabama, Illinois and California, which would drop a House seat for the first time in its 169-year history.

[…]

The looming reapportionment brings into sharper focus the high stakes surrounding the partisan battle for control of state legislatures and the fight to ensure an accurate Census count.

Some states, such as Rhode Island and California, are actively working to avoid an undercount. Other state governments, such as Texas, have not made similar investments.

In his projections, Brace is using the estimates released Monday by the Census Bureau to predict what the states’ populations will be next year, when the Census is taken. Other estimates, which simply apportion House seats according to the 2019 estimates, show smaller gains for Texas and Florida, where the population has been booming year-over-year this decade.

Brace also noted he’s unable to take into account the accuracy of the Census, which will be a major factor in determining the final reapportionment. “We’ve seen it over the decades: Less and less people are likely to participate in the Census,” he said. “That participation rate has gone down each 10 years.”

Moreover, unsuccessful attempts by President Donald Trump and his administration to include a citizenship question on next year’s Census have advocates worried that millions of residents, especially nonwhites, won’t fill out the Census. That could negatively impact the count in heavily Latino states like Texas, where Democrats are plotting a political comeback — if they can get a seat at the table in redistricting.

How we are handling the Census has always seemed like a key aspect of this, but I admit I may be overestimating its impact. The rubber will be meeting the road soon enough, and we’ll have the official verdict in a year’s time. Brace yourselves, it’s going to be tumultuous no matter what happens. Daily Kos has more.