Off the Kuff Rotating Header Image

Renee Jefferson Smith

District B runoff officially scheduled

Hooray!

Cynthia Bailey

At long last, voters in the north Houston neighborhoods that make up City Council’s District B will get to select a new representative in December.

Visiting state District Judge Grant Dorfman on Monday ordered the long-delayed runoff to be held Saturday, Dec. 12, almost exactly a year after the election was originally scheduled last year. Tarsha Jackson, a criminal justice organizer, and Cynthia Bailey, a neighborhood advocate, will face off in the election.

That is the same date for any runoffs necessitated by the Nov. 3 general election.

[…]

Tarsha Jackson

Council member Jerry Davis, the incumbent set to leave office last January, has remained in the seat to ensure the district had representation during the legal fight. Davis narrowly was defeated in his July runoff against state Rep. Harold Dutton for the District 142 seat Dutton has held since 1985.

District B includes nearly 200,000 people from many historic north Houston neighborhoods, such as Acres Homes, Kashmere Gardens and Settegast. The district stretches up to include Greenspoint and Bush International Airport. It has the second-highest concentration of Black residents, 47 percent, in the city.

See here for the background. Not much else to say here, we’ve been waiting a long, long time for this. It’s time to finally get a new Council member in District B.

We are finally about to get that District B runoff scheduled

About damn time.

Cynthia Bailey

A court hearing set for Oct. 19 finally could end the election dispute that has delayed a runoff in Houston city council’s District B for nearly a year.

A state district judge is scheduled to hear an unopposed motion to set the election for Saturday, Dec. 12, which would be almost exactly a year after the initial runoff on Dec. 14, 2019.

Houston, Harris County and the three candidates involved in the dispute support that election date, according to legal filings.

Tarsha Jackson

That would mean voters in District B, which is concentrated in north Houston and stretches up to Bush International Airport, could elect a new representative in December.

Tarsha Jackson and Cynthia Bailey were the top two finishers in the general election last November and now would proceed to the runoff.

[…]

The runoff could not be held on Nov. 3 because state law mandates it be held on the same date as the original election, which was a Saturday.

The date of the court hearing was delayed because state law prescribes a maximum amount of time between the court order and the runoff. Oct. 19 was the earliest date possible for a court order to get on the Dec. 12 ballot, according to legal filings.

See here for the previous update. December 12 is the date that a city runoff election would have been held this year, if there had been any city elections on the November ballot. It’s always the second Saturday in December. It sounds like this court hearing is pro forma, so once it’s over we should have an official, scheduled runoff election date. All I san say is “Hallelujah”.

Appeals court upholds District B ruling

We will finally get a runoff election in District B.

Cynthia Bailey

An appeals court ruled early Tuesday that Houston did not err when it declined to disqualify a District B city council candidate who had a felony conviction, clearing the way for a long-delayed runoff in the district.

Renee Jefferson-Smith, the third-place candidate in the race who filed the lawsuit, said she does not plan to appeal the ruling, which would effectively end the nine-month dispute.

“I am pleased with the court’s decision and I pray that Cynthia Bailey and Tarsha Jackson remain safe as they continue on with their campaigns to become the next City Council Woman for District B,” Jefferson-Smith said in a statement.

Tarsha Jackson

“It’s been long enough and the District deserves to know who will represent them. My family and I are truly excited about the opportunity to move forward and focus on what’s ahead in our lives.”

It is not yet clear when an election can be held. Attorneys involved in the case said they believe it will return now to the lower court, where visiting judge Grant Dorfman can order a new election date. In February, he ordered a May 2 election, which was derailed amid appeals.

One wrinkle is that the Texas Election Code mandates the runoff be held on the same day of the week as the original election, which was a Saturday, according to Assistant Harris County Attorney Doug Ray. That would mean the District B race cannot go on the Nov. 3 ballot, he said.

See here for my previous update. The law in question is quiet clear, mandating that a runoff election that was delayed by an election contest must be held on the same day of the week as the originally scheduled runoff. I hate the idea that this election can’t be held on the same day in November that everyone will be voting anyway, but I don’t know what can be done about it, other than Judge Dorfman saying “screw it” and daring someone to challenge him.

The central question of the case is whether Bailey, who finished second and qualified for the runoff with Jackson, is eligible for office despite her felony conviction.

Jefferson-Smith, who finished third and missed the runoff, had argued she is not. Jefferson-Smith filed two lawsuits seeking to have Bailey removed from the runoff ballot.

The Court of Appeals for the First District of Texas, like others that have handled the case, did not address directly the question of Bailey’s eligibility. A state statute says candidates cannot have felony convictions from which they have not “been pardoned or otherwise released from the resulting disabilities,” but it does not define that phrase, which has led to varying interpretations and enforcement.

Instead, the court addressed Jefferson-Smith’s claim that the City of Houston erred in administering the election by failing to declare Bailey ineligible. Her team had sent the city a packet of documents, after the election but before the vote was certified, proving Bailey was convicted.

A trial court judge said the packet did not conclusively prove Bailey was ineligible because it did not say whether she had been pardoned or otherwise released. (Bailey has argued she is released because she completed her sentence.)

In a decision posted after midnight, the three-justice panel of the First Court of Appeals agreed.

“Because the documents that Jefferson-Smith presented to the Mayor’s Office in connection with her Demand for Administrative Declaration of Ineligibility present a fact question—whether Bailey has been pardoned or otherwise relieved of her disabilities—that the Mayor had no authority to resolve, the Mayor had no ‘duty imposed by law’ to declare Bailey ineligible and made no ‘mistake’ in declining to do so,” Chief Justice Sherry Radack wrote.

Candidates who run for office in Houston check a box on their application form swearing they have not been finally convicted of a felony. The city verifies they have checked the box but does not vet their accuracy.

I’ve read the decision, and while it’s pretty dry and technical, it’s easy enough to understand. The takeaway I got from it is that Jefferson Smith might have prevailed had she taken somewhat different actions, but given what she did do, it wasn’t enough to meet the requirements of the law. I suppose it’s possible the Supreme Court could have seen it differently – for what it’s worth, the panel that ruled on the case was two Republicans and one Democrat – but Jefferson Smith ultimately chose to end her pursuit, and for that I thank her. Now let’s get this election scheduled. Houston Public Media has more.

Hey, remember District B?

This makes me so mad.

Cynthia Bailey

For the last couple months, Tarsha Jackson has organized north Houston neighborhoods around criminal justice reform, helping to release a “Justice Can’t Wait” policy platform she said the city could enact immediately.

Cynthia Bailey has been working in the same communities, solving what she calls “neighborhood issues” and distributing masks and food amid the COVID-19 pandemic, which has disproportionately affected underserved communities like those in north Houston.

Renee Jefferson-Smith said she has helped ensure seniors there have hot meals and groceries.

They are familiar roles for candidates running for local office, but lately frustrating ones. Other candidates who ran on the same ballot last fall have been in office for seven months now, working within City Hall to enact policies they favor and helping to deploy city services to constituents that need them.

Tarsha Jackson

The election Jackson, Bailey and Jefferson-Smith ran in — the District B seat on city council — has been on hold since December amid an ongoing legal battle over the ballot.

District B, a majority Black and Latino area between just northeast of downtown to George Bush Intercontinental Airport, has been particularly challenged by the coronavirus pandemic.

Incumbent Jerry Davis, who ran unsuccessfully for a spot in the Texas House, has remained in the seat to ensure district residents have representation. Still, many residents and community leaders there feel left behind.

“They have gone from being upset about it, to trying to understand, to now they’re mad as hell,” said Angeanette Thibodeaux, president of the Acres Homes Super Neighborhood Council. “How ironic is this? How terrible is this? That in a time when we need representation and leadership and support, the one district that needs it more than any is disenfranchised once again. That hurts. In the pit of my stomach, that hurts.”

[…]

The candidates’ lawyers expect an appellate ruling in early August, perhaps as soon as next week, that they hope will settle the matter. Mayor Sylvester Turner has said the city will call an election as soon as the courts decide it can.

See here, here, and here for some background. First and foremost, I’m mad that our laws continue to punish people who have otherwise completed in full the sentence for whatever past crime they may have committed. Cynthia Bailey had as much right to be on that ballot as anyone. We need to fix these racist old laws.

Second, I’m mad at Renee Jefferson Smith for dragging this out. I can understand that she felt like the system wronged her, but the damage she has caused far outweighs any injury she may have received. At any point, she could have accepted the result, allowed the voters of District B to select their next Council member, and worked to change or clarify the law so that this situation would not happen again. She could have chosen to put the district’s needs ahead of her own, but she did not. She may prevail in court – I don’t think that would be a just outcome, because you cannot conclusively determine that she would have finished in the runoff had Cynthia Bailey never been on the ballot, but it is a possible ruling we could get – but if so she does not deserve to be rewarded for it. The only acceptable result at this point is for Tarsha Jackson or Cynthia Bailey to be the next Council member in B.

And just think, this situation could be even worse right now. If Jerry Davis had won his primary runoff against Harold Dutton, then District B would have no one sitting at the Council table for them, for however long it would take to get a court ruling. Even that could come with a down side, as the possibility still exists that someone will file a lawsuit over some vote or other action Davis has taken while serving as Council member-in-overtime, on the grounds that he was not legally able to serve past the end of his term. That hasn’t happened yet thank God, but it still could.

At this point, if we get a ruling before August 17, I think we can have the runoff on the November ballot. I’m assuming here a ruling that denies Jefferson Smith’s appeal and verifies that Tarsha Jackson and Cynthia Bailey are the only candidates for the office. I don’t know if this has to be approved by City Council or not, but if so we’ll need the ruling even sooner than that, say by August 10. It would be very nice to get that ruling this week. And if Jefferson Smith prevails and we need to have some kind of do-over…I don’t even want to think about it. Let’s just file this in the “Underappreciated Ways In Which 2020 Has Sucked” folder and go from there.

District B lawsuit drags on

Double ugh.

Cynthia Bailey

It could be another four to five months before voters in Houston’s District B can select a new city council member, extending a delay that has held up a runoff there since December.

The Houston-based First Court of Appeals previously denied requests from top vote-getters Tarsha Jackson and Cynthia Bailey to expedite the appeal process of the legal case that has held up the runoff. On Tuesday, the appellate court also denied a request to dismiss the case outright.

Doug Ray, assistant Harris County attorney, said the two sides now will exchange briefs on a standard schedule, a process he said could take four or five months.

The runoff was supposed to be in December with a dozen other city contests, and the winner would have taken her seat in January. It was pulled from the ballot amid the ongoing litigation. Now, it will miss the May 2 ballot, as well.

“Who knows when there will be an election?” said Larry Veselka, the attorney representing first-place finisher Jackson. “It’s ridiculous.”

[…]

Oliver Brown, attorney for Cynthia Bailey, said Jefferson-Smith’s team is just “beating a dead horse.”

“That’s all they’re doing now,” Brown said. “They’re costing these candidates money, because they keep trying to ramp up their campaigns, and then they have to stop.”

See here and here for the previous updates. This week is the deadline for printing mail ballots, so the absence of an expedited ruling or a dismissal of the appeal means we continue slogging our way through the process. There’s a calendar date for the case for March 23, so the May election is right out at this point. Next up, barring an expedited election date granted by the state, is November. I don’t even want to think about what could happen to that possibility. What a freaking mess.

District B ruling appealed

Ugh.

Cynthia Bailey

The date of Houston’s stalled city council District B runoff is again in question after the third-place finisher in the race moved forward with an appeal of a court order earlier this month that the runoff go on without her.

The runoff, currently scheduled for May 2, could be delayed if a ruling is not final by March 9. The election was pulled from the Dec. 14 ballot, when a dozen other city runoffs were decided, because of the litigation.

Lawyers for Renee Jefferson-Smith previously indicated they had not decided whether to pursue an appeal of Visiting Judge Grant Dorfman’s ruling that the runoff between the top two vote-getters in the November election, Tarsha Jackson and Cynthia Bailey, should go forward.

On Thursday, however, Jefferson-Smith’s legal team filed what is called a docketing statement with the appeals court, indicating they were moving forward.

“We will request that the Court stay the City of Houston Election for City Council Member for District B pending appeal pursuant to” the Texas Election Code, the filing said. It listed a lawyer not previously involved in the case, Dorsey Carson, Jr., as lead attorney.

[…]

Jackson said she thinks Jefferson-Smith and her backers are just trying to delay the election at this point, and she called on leaders to do something to stop the delays.

“This appeal is not fair to the people of District B, it’s not fair to me and the other 12 candidates who ran to represent District B,” she said.

See here for the previous update. I suppose leaders could try to pressure Renee Jefferson-Smith into dropping the appeal, but you’d think if that might have worked she wouldn’t have filed it in the first place. At this point, a fast ruling from the court is the best bet. What a freaking mess this has been.

The Jerry Davis situation

Someday, this is going to be taught in political science classes. And possibly law schools.

CM Jerry Davis

The ongoing election dispute in District B has put Jerry Davis in a peculiar position, seemingly caught between two provisions of the Texas Constitution as he challenges longtime incumbent state Rep. Harold Dutton in the March 3 Democratic primary.

And it is unlikely to change until the courts clear the way for voters to cast ballots in the long-delayed runoff for his council seat.

Until then, Davis is stuck in the council seat he was supposed to leave in January because of term limits.

[…]

With no new council member seated by the first of the year, Article XVI, Sec. 17 of the Texas Constitution kicked in, requiring Davis to remain in the District B seat until his successor can be elected and seated.

“All officers of this State shall continue to perform the duties of their offices until their successors shall be duly qualified,” the provision reads.

When Davis filed Dec. 9 to challenge Dutton for the District 142 seat in the Texas House, it raised another constitutional clause, this one found in Article III, Sec. 19.

That provision says no public official who holds a “lucrative office… shall during the term for which is he elected or appointed, be eligible to the Legislature.”

Texas Supreme Court rulings have held that any paid public office, no matter how small the compensation, is considered “lucrative.” Additionally, the high court has ruled that the eligibility requirement extends to one’s candidacy.

A Houston city council salary is around $63,000 a year.

To date, no one has challenged Davis’ eligibility.

The councilman said he believes he is in the clear because his elected term ended in January. Democratic Party officials, tasked with determining eligibility for primary candidates, say they believe he qualifies because his appointed term as a hold-over should end long before he would join the Legislature next January if he wins.

And Dutton has not lodged any complaints or challenges. That could change, should Davis prevail in the March election.

Buck Wood, an authority on Texas election law who has represented clients in landmark Supreme Court rulings on the subject, said the law holds that candidates have to be eligible while they are running for office, not just on the date they take it.

Since Davis still is on the council, someone could make the case that he is not eligible, he said.

“The problem is, the court has also held that you have to be eligible as of the date that you file,” Wood said.

The interaction of those two constitutional clauses is an open legal question, left unresolved for now by Texas judges.

“The courts have not ruled on that hold-over provision,” he said.

It gets deeper into the weeds from there, and I’ll leave it to you to read up. For now, all is well and legal and good. Until such time as someone files a lawsuit – either Dutton over Davis’ eligibility to be on the ballot (an irony that may wash us all into the sea), or a city resident alleging that some action Davis has taken since January 1 as Council member is invalid, or maybe some other claim I can’t envision right now – there are no problems. Maybe we’ll make it all the way to the (we hope) May runoff in District B and there will still be no problems. It can all come crashing down at any time, and if that happens it’ll tie up the legal system for years, but for now, make like Wile E. Coyote and keep on running. As far as you know, the end of that cliff has not yet arrived.

(Note: this story ran, and I drafted this post, before the ruling in the District B runoff lawsuit. The fundamentals are the same, as Davis will still be serving till we have a runoff winner.)

Bailey stays on District B runoff ballot

Hopefully, this is the end of the line.

Cynthia Bailey

In a long-awaited decision, a visiting judge ruled Tuesday that a Houston city council candidate who has a felony conviction should remain on the ballot for the District B runoff, declining a plea from the third-place finisher to replace her on the ballot.

Renee Jefferson-Smith, who finished 168 votes behind Cynthia Bailey in the Nov. 5 general elections, had argued that Bailey’s 2007 felony conviction for theft made her ineligible and the city erred in not declaring her as such before it certified the November results.

Jefferson-Smith’s lawyers cited a state law that says candidates cannot have felony convictions from which they have not been pardoned or otherwise released from its “resulting disabilities.” It doesn’t define that phrase, which has invited confusion about who qualifies and who does not.

She asked the judge to rule that the city should have declared Bailey ineligible and then place Jefferson-Smith on the runoff ballot with top vote-getter Tarsha Jackson.

Special Judge Grant Dorfman declined to do so, saying that Jefferson-Smith did not “conclusively prove Contestee Bailey’s ineligibility.”

“No grounds were presented that warrant the voiding of the November 5, 2019 election,” Dorfman wrote.

In a separate order, Dorman called for a May 2 runoff between Jackson and Bailey.

[…]

Dorfman also clarified that his rulings did not resolve an earlier case that Jefferson-Smith filed, in which she asked a judge to declare Bailey ineligible. The judge in that case dismissed that request, and appeals courts have declined to order the city itself to declare her ineligible.

Nicole Bates, an attorney for Jefferson-Smith, said shortly after the ruling was released that she had to consult her client before deciding whether they would appeal the ruling.

See here for the previous update. We’d been expecting a ruling last week, but I’ll let it slide. And Lord knows, I hope Jefferson-Smith accepts the defeat and does not appeal. It’s time to let District B vote.

District B lawsuit has its hearing

Feels like we’ve been waiting forever for this.

Cynthia Bailey

Lawyers for the third-place finisher in Houston city council District B’s election told a judge Friday that the city erred in failing to declare an opponent ineligible because of her felony conviction and asked the court to throw out the votes that landed Cynthia Bailey in a still-to-be-scheduled runoff.

The judge, they said, should discount the votes Bailey received in the Nov. 5 election and put their client, Renee Jefferson-Smith, into the runoff against top vote-getter Tarsha Jackson.

Visiting Judge Grant Dorfman did not make a ruling Friday, but said he hoped to have a decision by the end of next week.

[…]

Jefferson-Smith’s legal team argued that Bailey’s well-documented 2007 felony conviction makes her ineligible to run under state law, and the city should have declared her as such when they they submitted a packet of supporting documents to the city secretary on Nov. 13. Bailey served 18 months of a 10-year sentence for stealing hundreds of thousands of dollars in checks from North Forest Independent School District.

Jefferson-Smith is basing her case on a state law that says a person cannot run for elected office if he or she has been finally convicted of a felony from which they have not been pardoned or otherwise released from its “resulting disabilities.”

The law does not define “resulting disabilities” and courts have interpreted it differently. Bailey has said she can run because she completed her sentence and can vote. Jefferson-Smith’s team has cited at least one case in which a candidate similarly disclosed a conviction and then was almost immediately removed from the Galveston City Council under the same law.

The City of Houston received documents from Jefferson-Smith’s lawyers on Nov. 13 — a week after Election Day, but before city council canvassed the results. The documents included a Harris County record of Bailey’s conviction and a Texas Attorney General opinion stating that restored voting rights do not mean a restored ability to run for office.

“They are not allowed to ignore conclusive proof of ineligibility,” said Lindsay Roberts, a lawyer for Jefferson-Smith. “They have to make that determination of eligibility and, importantly, they have to do so before certification.”

Attorneys for the city rejected those claims, arguing the submitted documents did not conclusively prove that Bailey had not been cleared of those “resulting disabilities.” They also said the documents were sent and received after Jefferson-Smith already had lost two court rulings in a separate lawsuit.

In that case, filed two days after the election and separate from the one heard Friday, Jefferson-Smith asked a judge for an emergency order — and then a preliminary injunction — declaring Bailey ineligible. Both requests were denied, and the First Court of Appeals and Texas Supreme Court have upheld those rejections.

With those initial denials in mind, Senior Assistant City Attorney Suzanne Chauvin said, the city council certified the results Nov. 18, as it is required by law to do.

“Essentially, they’re saying we should have second-guessed two rulings by the district court,” Chauvin said.

See here for the previous update. As you know, as a matter of principle, I disagree with Jefferson-Smith’s argument. I think the city should have accepted Bailey’s application, as they did with several other candidates who had prior felony convictions, and if there needed to be a legal challenge it should have happened after the filing deadline and before the election. That’s all water under the bridge now, and hopefully something the Lege will address (in a constructive manner) in 2021. For now, all I care about is getting a ruling, and then maybe a confirmed date for the next election. I don’t envy Judge Dorfman the decision, and I really hope that any appeals are resolved quickly.

District B runoff lawsuit hearing set

Let’s hope for a quick verdict.

Cynthia Bailey

The stalled runoff in Houston city council District B likely will have to wait until May, if not longer, leaving north Houston neighborhoods without a new representative for months after the council convenes in January.

The election has been mired in a lawsuit that county officials said forced them to pull the race from the Dec. 14 ballot, when the dozen other city runoffs were decided. It then also missed the deadline to make the Jan. 28 ballot, when the county was holding a special election for a vacant seat in the Texas House of Representatives.

While the lawsuit inched a bit closer to a resolution Friday, with set of a trial date on Jan. 24, county officials said the runoff could not be held on March 3, when a slew of primary contests will be decided. Texas law states that “no other election may be held on the date of a primary election.”

County officials said the next scheduled election would be May 2, when smaller cities and school districts typically hold municipal and board elections, though a judge could have discretion on whether to schedule a special election. Harris County Special Assistant Attorney Douglas Ray said the County Clerk’s office would need about seven weeks notice to conduct a special election.

[…]

Presiding Judge Susan Brown set the Jan. 24 trial date Friday and tapped former Harris County Judge Grant Dorfman to be the special judge on the case.

The appointment is required by state law, which calls for a special judge whose judicial district does not include any territory covered by the election and who does not live in the territory.

See here and here for the background. At this point, there are three possible outcomes:

1. A final ruling from a court. That doesn’t mean it has to go all the way to the Supreme Court, just that the higher courts refuse to hear an appeal. The ideal situation here is for this to happen in time for the May election. I don’t even want to think about how much longer this could get dragged out if there isn’t a final resolution by mid-March, which would be the legal deadline for this election to happen in May.

2. Renee Jefferson Smith quits pursuing the case. Maybe that happens after the district court rules, or maybe she just decides at some point it’s no longer worth it to her. The first possibility could happen, the second seems extremely unlikely.

3. Cynthia Bailey could choose to withdraw from the runoff and concede the election to Tarsha Jackson. In theory, if she did that today, Tarsha Jackson would be sworn in with the other Council members in January. I say “in theory” because Jefferson Smith could continue to litigate, with the claim that Bailey shouldn’t have been on the ballot at all, so either the whole election should be done over or there should be a Jackson-Jefferson Smith runoff for the seat. I don’t think that argument would get very far in a court, but she might be allowed to make it, in which case we’d still be on hold till that was resolved. I also think it’s highly unlikely that Bailey would throw in the towel – she’s come this far, she’s making a principled stand on a righteous position, she’s not the one holding everything up – but it’s a thing that could happen.

Add it up, and the the best case scenario is likely the May 2 election. Hope for the best, that’s all I can say.

Meanwhile, in other Council race news:

With that, the District H race is settled. Congratulations to Karla Cisneros for her victory, and my sincere thanks to Isabel Longoria for running a strong and engaging race.

UPDATE: Stace has more.

We continue to wait on the District B runoff

Ugh.

Cynthia Bailey

Any hope for a speedy resolution to a lawsuit that is holding up the runoff for Houston’s District B city council seat evaporated Wednesday when the presiding judge for the Houston region said she would not assign a special judge to take over the lawsuit until the state Supreme Court weighs in on a related case.

“Once that happens, she will make an assignment if necessary,” said Rebecca Brite, assistant for Presiding Judge Susan Brown. “We do not know when that will be.”

Brown is the presiding judge for the 11th Administrative Judicial Region of Texas, which includes Harris, Galveston, Fort Bend, Brazoria, Wharton and Matagorda counties.

Attorneys on both sides of the dispute had expected Brown to make an assignment in the contentious case by Wednesday.

[…]

Two days after the election, Jefferson-Smith asked a judge for an emergency order declaring Bailey ineligible. Judge Dedra Davis denied that request, as did the First Court of Appeals. The attorneys now are submitting arguments to the state Supreme Court.

Meanwhile, Jefferson-Smith filed a separate lawsuit on Nov. 15, formally contesting the election results and renewing the argument about Bailey’s eligibility.

[…]

“We are waiting for the complete appellate process to conclude,” Brite said.

Nicole Bates, who represents Jefferson-Smith, had said earlier this week she expected an assignment by Wednesday “at the latest.”

“I think (the appeal) clears the path to address those issues concerning eligibility, that the election contest will not,” Bates said after Brown’s announcement.

Bailey’s lawyer, Oliver Brown — no relation to the presiding judge — said the appeal would not resolve the election contest that county officials say is holding up the runoff.

“It should’ve happened already,” Brown said of the judicial assignment.

See here for the previous update. I assume that Jefferson Smith had filed a writ of mandamus, which is now with the Supreme Court, to request that Bailey be removed from the ballot. That was the mechanism that the HERO haters used to get their referendum on the ballot in 2015. The Supreme Court moves on its own timeline, though perhaps the exigent circumstances in this case will motivate them to shake a leg. But whatever the case, we’re waiting on them for the second lawsuit to be assigned and heard. I wasn’t optimistic before, and I’m less so now. I truly have no idea how long this will take.

District B runoff lawsuit moved to another court

Still up in the air.

Cynthia Bailey

A Harris County judge on Monday referred the lawsuit stalling a runoff in Houston city council District B to another court, casting more uncertainty about when the contentious case will be resolved and when voters will choose a new council member.

[…]

Monday’s hearing in the case did not address the central claims of the lawsuit. [Plaintiff Renee] Jefferson-Smith has contested the Nov. 5 results and argues that [candidate Cynthia] Bailey’s felony conviction makes her ineligible for office.

Instead, the hearing focused on legal procedure. Attorneys for Bailey and Jackson argued Jefferson-Smith’s lawsuit did not constitute a proper election contest because she did not dispute the results. They asked the court to dismiss the case.

Judge Cory Don Sepolio declined, referring the case instead to the regional authority tasked with assigning a special judge. He cited a state law that says judges in the county where an election took place can’t hear a contest in that election.

Nicole Bates, attorney for Jefferson-Smith, said she expects the judicial assignment to be made in the next couple days. She hailed the move as a win.

“We are happy with this decision and look forward to pursuing the election contest, and hopefully we can give the voters a true choice on a candidate that can actually be seated,” she said.

[Candidate Tarsha] Jackson called the decision “disappointing.”

“The people of District B should be voting right now with the rest of Houston,” Jackson said. “We need to get on the ballot as soon as possible — in January — and I’m going to keep fighting to make sure people can exercise their right to vote.”

The lawsuit is the second case Jefferson-Smith has filed. In the first, a judge declined her request for an order declaring Bailey ineligible. Jefferson-Smith is currently asking the Texas Supreme Court to review that decision.

See here, here, and here for the background. I just want this to be over in a timely fashion, so that the people can finally get to vote. This is such a mess.

It could be March before District B gets to vote in their runoff

And honestly, by the same calculations, it could go later than that.

Cynthia Bailey

The Houston City Council District B runoff could be delayed until March if a lawsuit contesting last month’s election result is not resolved by Monday, the Harris County Attorney’s office said.

The third-place finisher in the race filed the contest, arguing that second-place finisher Cynthia Bailey’s felony conviction bars her from holding public office.

Meanwhile, incumbent District B Councilman Jerry Davis said he intends to hold the seat until a successor is elected, while Harris County Precinct 1 Commissioner Rodney Ellis said the runoff should not have been delayed.

“There’s a lot of people out there that are angry,” Ellis said at this week’s Commissioners Court meeting on Tuesday. “And to be honest with you, I’m angry as well.”

Assistant County Attorney Douglas Ray said Dec. 9 is the deadline to place District B on the Jan. 28 ballot, which also will feature the runoff for the vacant District 148 seat in the Texas House of Representatives. The county will begin sending mail ballots for that election next week, Ray said.

“We don’t want to have to run another election in addition to the ones that we’re already doing,” Ray said.

A hearing on the election contest has been scheduled for Friday.

See here for the previous update. According to the Secretary of State, the deadline to send out the mail ballots for the March primary election is January 18th. That means that if we don’t have a resolution by the 9th, we have a bit less than six weeks to get resolution in time to have the election in March. Otherwise, the next opportunity is May. Isn’t this fun?

The District B race was a topic of discussion at Commissioners Court, where Ellis questioned whether the county should have yanked the runoff from the ballot. He suggested the county attorney could have sought to quickly dismiss Jefferson-Smith’s suit so the runoff could proceed as scheduled.

Ellis said the county’s decision sets a dangerous precedent where any disgruntled party could cause delays to an election.

“We’re going to be the laughingstock of the country if there’s some last-minute challenge, and then somehow we’re going to affect the presidential primary on Super Tuesday,” Ellis said.

County Judge Lina Hidalgo suggested the county attorney’s office develop a strategy to more quickly resolve election challenges in the future.

To be fair, the fact that the state law in question is ambiguous and has not been resolved by a court is part of the problem. Short of declaring Bailey ineligible when she filed, I’m not sure what the County Attorney can do or could have done. That said, I Am Not An Attorney, and they are (it’s right there in the name), so maybe they can think of something. Whatever they do think of, getting that law fixed needs to be a priority as well.

City and county leaders have said they support keeping Davis on council until his replacement is named.

“Although his term will expire on January 2, 2020, the City expects Council Member Jerry Davis to serve on a holdover basis (if necessary) until his successor is elected and qualified for office,” said Alan Bernstein, communications director for Mayor Sylvester Turner.

While some question whether that may run afoul of the city’s term limits, Davis and county officials said the Texas Constitution allows him to stay.

“All officers of this State shall continue to perform the duties of their offices until their successors shall be duly qualified,” Article XVI of the Constitution says.

I’m fine with this as well, but we all know this is another lawsuit waiting to happen, right? Lord help us if Davis is on the winning side of a 9-8 vote in Council in 2020. It sure would be nice if we get a verdict by Monday.

Another District B update

This whole situation is so unfortunate, and more than a little infuriating.

Cynthia Bailey

The two candidates who qualified for a stalled runoff in Houston City Council’s District B joined hands in unity on the steps of City Hall Friday, condemning the lawsuit filed by the third-place finisher that led officials to remove the race from the Dec. 14 ballot.

“We want to vote! We want to vote!” Tarsha Jackson and Cynthia Bailey chanted with about 40 others from the Texas Organizing Project, which has endorsed Jackson in the race and advocated for Bailey to remain on the ballot.

The candidates at the center of the contested election have taken the dispute from the courtroom to the community as they wait for legal proceedings to resume.

“I’m not going to throw a rock and hide,” Renee Jefferson-Smith, who narrowly missed the runoff and filed the lawsuit, said Thursday night at a meeting of the Acres Homes Super Neighborhood Council.

“It makes no sense to have a candidate on the ballot (if) her votes do not count,” Jefferson-Smith said. “If (Bailey) were to win in the runoff, she would not be able to take the seat. That’s what the law says. I didn’t write it, but that’s unfair.”

[…]

Jefferson-Smith initially asked a state district court judge to declare Bailey ineligible. When Judge Dedra Davis denied that request last Friday, Jefferson-Smith’s attorney filed three additional motions: an appeal of the ruling, a “mandamus” appeal seeking to replace Bailey with Jefferson-Smith on the runoff ballot, and a separate lawsuit contesting the election results.

The First Court of Appeals denied the mandamus appeal early Friday, but the ruling did not affect Jefferson-Smith’s motion contesting the election. That lawsuit triggered a portion of state law that county officials said forced them to put off the race until the suit is resolved.

Bailey’s attorney hailed the denial of the appeal as a second court victory in the saga, while Jefferson-Smith’s lawyers said it was expected after the county postponed the runoff.

See here, here, and here for the background. I have no idea what the courts will do, and I have no idea how long it may take them to do it. If we’re very lucky, we may get this race on the ballot in January, at the same time as the HD148 runoff. If not, well, who knows how long this may take.

Jefferson-Smith has said she didn’t pursue the lawsuits out of any animus toward Bailey, but the law wouldn’t allow her to take the seat, which she thinks is a disservice to voters. Her lawyers have cited a case in Galveston from 2006, in which a candidate was elected to city council despite a well-known felony conviction and then was removed from office.

“It makes no sense to have a candidate on the ballot (if) her votes do not count,” Jefferson-Smith said at a neighborhood meeting earlier this week. “If (Bailey) were to win in the runoff, she would not be able to take the seat. That’s what the law says. I didn’t write it, but that’s unfair.”

[…]

[State Rep. Jarvis] Johnson, a former District B councilman himself, said he would file a bill in the next legislative session to clarify the state law at the center of the litigation.

“The fact is if you have the right to vote, then that means you should have the right to run for office,” Johnson said.

The simplest scenario is we get the runoff, maybe on January 28 and maybe later, we get a winner and that person takes office and we’re done. We could get a runoff at some point, and after a Bailey victory another lawsuit is filed that removes her from office, in which case a whole new election has to be held. We could get what amounts to a do-over in B, in which Bailey is declared ineligible to be on the ballot but the judge refuses to declare that this means Jefferson-Smith gets to replace her so we start over. I have a hard time imagining a judge booting Bailey and putting Jefferson-Smith on the ballot in her place, but this whole thing is so crazy I hesitate to insist that anything is impossible. I applaud Rep. Johnson for pursuing a legislative fix for this mess, but since we all know the right answer is to allow full rights to felons who complete their sentences and we also know that Republicans will not support that bill, I don’t expect anything to get fixed. I don’t know what else to say.

District B runoff still up in the air

Hoo boy.

Cynthia Bailey

The runoff in the contested District B race for Houston city council almost certainly will be decided with a special election, due to an election contest filed by the third-place finisher, officials said Wednesday.

Renee Jefferson-Smith, who missed the runoff by 168 votes, filed the contest in district court last Friday, essentially forcing election officials to hold off on the runoff, according to Assistant County Attorney Douglas Ray.

The Texas Election Code says a contested runoff cannot be held until there’s a final judgment in the matter.

“It’s as clear as any law I’ve seen,” Ray said.

The county, which has to send out mail ballots for the runoffs Thursday, is printing them Wednesday without the District B race. There are 12 other city council runoffs, set to be decided Dec. 14.

See here and here for the background. As the story says, Jefferson Smith has appealed the dismissal of her lawsuit from last week, which is why this is still ongoing. The law in question reads as follows:

Sec. 232.007. RUNOFF NOT HELD UNTIL FINAL JUDGMENT. (a) A runoff election for a contested office may not be held until the judgment in the contest becomes final.

(b) This section does not affect the conduct of a regularly scheduled runoff for another office that was voted on at the same election as the contested office or at an election held jointly with the election in which the contested office was voted on.

That is indeed quite clear, and I have since received a notification from the County Clerk’s office that:

“Due to a legal challenge, the City of Houston Council Member District B race will not appear on the December 14, 2019 Runoff ballot. This will not affect any of the other races or the election procedures the Harris County Clerk’s Office carries out.”

So to sum up, we have the city of Houston/HISD/HCC runoffs minus District B on December 14, we have the HD148 special election runoff on January 28, we have the 2020 primaries on March 3, and somewhere in there we will also have a stand-alone runoff in District B. As Tommy Lee Jones said in The Fugitive, What. A. Mess.

A later version of the story has a few more details.

Jay Aiyer, a public policy consultant and former political science professor at Texas Southern University, called the delay unprecedented.

“You’ve never had anything where a runoff election itself is just left off,” he said.

City taxpayers will have to foot the bill for the additional election, according to the mayor’s office. Both Ray and Nicole Bates, an attorney for Jefferson-Smith, said it is possible the special election could be held Jan. 28, when a runoff for the open House District 148 seat is scheduled to take place, if the lawsuit is resolved by then.

Alan Bernstein, Mayor Sylvester Turner’s director of communications, said the city would hold the special election on Jan. 28, but would support an earlier date if the suit contesting the election is resolved before then.

[…]

Oliver Brown, Bailey’s attorney, said Jefferson-Smith is arguing the same case in a different forum because she did not like the earlier judge’s ruling.

“The problem is, they’re not doing an actual contest. They’re still just trying to challenge (Bailey’s) eligibility,” he said.

Tarsha Jackson, the first-place finisher who also is in the runoff, has said voters knew about Bailey’s criminal past and said she should be able to continue in the race. Jackson said Wednesday she was disappointed in the delay.

“What’s happening right now is just a prime example of what’s been happening to District B forever. We’re a marginalized and disenfranchised community,” Jackson said. “We have been left behind in this election. The people should be able to go out and vote on the 14th.”

While Jackson and Bailey seemed entrenched in the runoff after the initial court ruling, Aiyer said it is possible that could change in the continuing lawsuit.

“The one thing that seems to be unclear is when you have a special election, who will be the participants in the election,” Aiyer said. “I don’t know if, for example, Bailey is declared ineligible, that doesn’t really presuppose that (Jefferson-Smith) should be in the runoff.”

The delay also calls into question who — if anyone — will represent District B between when Jerry Davis’ term ends on Dec. 31 and the election is held.

While I agree with the interpretation of the law here, I’m still bothered by the way this has all played out. I will say again, the right time to have filed this lawsuit was in September, after the filing deadline passed and before mail ballots were printed. Courts are often reluctant to get involved in electoral disputes before the election, but this was a straightforward question on the law, and no one can claim that waiting till after the election was less messy or controversial. To add onto what Jay Aiyer says at the end here, I’m also bothered by the idea that Renee Jefferson Smith could benefit now from Cynthia Bailey being kicked out of the runoff. We have no way of knowing what might have happened in the November election if Bailey had not been on the ballot. Who’s to say that Alvin Byrd (1,630 votes to Jefferson Snith’s 2,137) or Karen Kossie-Chernyshev (1,408 votes) would not have benefited more from Bailey’s absence? We should have resolved this before any votes were cast. That’s not an option any more, and it’s not fair to any of the candidates involved, never mind the voters themselves. If nothing else, I hope we clarify the law in question in 2021. KUHF has more.

Cynthia Bailey remains on District B runoff ballot

For now, at least.

Cynthia Bailey

A felon may remain on the runoff ballot in the Houston City Council District B race, a Harris County judge ruled on Friday, despite state law that may bar residents with felony convictions from seeking public office.

On Election Day, Cynthia Bailey qualified for the second and final runoff spot in District B, edging third-place finisher Renee Jefferson-Smith by 168 votes. Jefferson-Smith last week sued to remove Bailey from the ballot, arguing her 2007 conviction for theft of more than $200,000 made her ineligible to run.

Harris County 270th District Court Judge Dedra Davis on Friday denied Jefferson-Smith’s request to remove Bailey from the ballot, which would allow her a place in the runoff, said Oliver Brown, Bailey’s attorney.

The Texas Election Code is unclear on whether a felon may run for office. It bars candidates who have been “finally convicted” of a felony or who have not been “pardoned or otherwise released from the resulting disabilities,” though the law does not define these disabilities.

Brown said Bailey’s conviction is well known to voters, who can make an informed decision about whether this disqualifies her. He said District B residents can open the door to other felons to run for office if they elect Bailey.

“They can send a message to the city and state, that regardless of a candidate’s past, they believe in the redemption of citizens after they’ve been released by the Department of Corrections.”

See here for the background. Renee Jefferson Smith did not comment in the story, so we don’t know if she intends to appeal or let this be. Neither her campaign nor personal Facebook pages say anything about it, and her campaign hasn’t tweeted since May. We’re less than two weeks out from the start of early voting, and I presume mail ballots are being sent out as well, so it’s not clear to me that she could get a change now regardless. What happens after the election should Cynthia Bailey win is a matter we’ll address if and when it happens. In the meantime, the lesson I take from this is file the lawsuit after the August deadline and hope the issue gets decided then. And for Pete’s sake, let’s lobby the Lege to clean this up. I say that felons who complete their sentences should be free to vote and run for office as they see fit, but that notion will take a lot of work to pass. Better to start on that sooner than later.

Lawsuit filed over District B candidate eligibility

All right then.

Cynthia Bailey

Renee Jefferson-Smith, who trailed Cynthia Bailey by 168 votes in unofficial returns, sued the city of Houston and Harris County Thursday, contending that Bailey’s 2007 conviction for forging a $14,500 check makes her ineligible to appear on the ballot.

The Texas Election Code says candidates are eligible to run for office if they have not been “finally convicted” of a felony from which they have “not been pardoned or otherwise released from the resulting disabilities,” though the law does not define “resulting disabilities.”

In the state district court lawsuit, which seeks an injunction and temporary restraining order to bar Bailey from appearing on the ballot, Jefferson-Smith also argued that Bailey may have committed perjury by affirming in her candidacy application that she had not been convicted of a felony.

Though the law appears to prohibit convicted felons from seeking office, candidates with felony records successfully have reached the ballot in HoustonAustin and San Antonio, and the law has yet to be thoroughly tested in court.

For now, Bailey is set to face Tarsha Jackson in the District B runoff. The district, which covers several north Houston neighborhoods including Fifth Ward and Acres Homes, currently is represented by term-limited Councilman Jerry Davis. Jackson finished atop the 14-candidate field with 20.8 percent of the vote in Tuesday’s election.

[…]

In the petition filed Thursday, Jefferson-Smith also contended that Bailey’s criminal record “will guarantee a victory for the other runoff candidate and deny voters in District B a real choice.”

Replacing Bailey in the runoff, Jefferson-Smith argued, would give voters “the opportunity to choose between two eligible candidates for the position of Council member for District B, thus ensuring that District B voters are not disenfranchised.”

Jefferson-Smith declined to comment through a spokesperson, though she posted about the lawsuit on Facebook Thursday.

“I had a decision to make, and believe me it was extremely tough, so please understand; this lawsuit and fight is not about me, it’s about the people in District B,” she wrote.

Jackson said she was disappointed Jefferson-Smith filed the lawsuit, and argued that Bailey should not be kept off the ballot.

“I’ve spent my whole life fighting for criminal justice reform and fighting for people to have a second chance. All the candidates knew she had a criminal record when the story came out,” Jackson said, referring to a Chronicle story published last month. “She finished second despite the story, and I think she should be able to finish the race.”

As you well know, I Am Not A Lawyer, so I have no idea what the courts will make of this. I expect we will get a quick decision, likely followed by a quick appeal to the 1st or 14th Court of Appeals, which in turn will either rule or refuse to take up the matter in short order.

Bailey’s status was reported by the Chron in October in a story that was primarily about residency requirements. You will note that three other candidates who were on the ballot were in the same boat, though none of them came close to advancing. You may also recall that former Geto Boy Willie D decided not to file in District B over concerns about his own status. I wonder what he’s thinking right now.

I don’t have a problem with the filing of the lawsuit, especially if one believes that Bailey would be prevented from taking office in the event she won because of her status. We don’t know that would happen, but it could and it seems likely that someone would take legal action to force the question. I would have preferred to adjudicate the question before the actual election, precisely to avoid issues like this, but the courts in their wisdom prefer to only get involved after elections. I’d also prefer for people like Bailey and Willie D to be able to run for office after they finish serving their sentences, but at the very least the law in Texas is unclear on that. I’ll keep an eye on this and we’ll see what the courts have to say.

30 day campaign finance reports: Open City Council seats, part 1

As before, my look at the July 2019 finance reports for these candidates is here, and all of the finance reports that I have downloaded and reviewed are in this Google folder. Except for the reports that were filed non-electronically, which you can find here. Erik Manning’s invaluable spreadsheet remains my source for who’s in what race.


Candidate     Raised      Spent     Loan     On Hand
====================================================
Peck          17,700     18,543    5,000      19,391
Coryat         8,585      3,899        0       3,303
AyersWilson    5,045      5,030        0          15
Cherkaoui      6,100      6,773    8,000       2,062
Zoes           3,025      4,717    4,000       4,401
Myers            951      1,192        0           0

J Smith       15,025     31,200        0       9,032
Byrd          11,095     13,774    2,500       5,063
Quintana      10,868      4,632        0       6,505
Jackson       10,105     18,378        0       8,025
K-Chernyshev  10,730     70,262   11,000           0
Bailey         2,925      1,032      200       5,705
Anderson       1,250          0        0           0
Bryant           373      1,331    1,011          53
Kirkmon
White
Butler
Gillam
Perkins
G Wilson

Kamin         89,742     37,377        0     177,882
Kennedy       35,031     32,928        0      12,056
Smith         26,138     33,001        0      30,175
Nowak         18,813     15,941    2,000       4,871
Cervantez     13,367      2,802        0      10,564
Marshall       9,350      6,922        0       2,527
Scarbrough     8,015      2,916        0      23,544
Meyers         5,003     15,181   35,000      36,729
Wolfe          2,373      1,154        0       1,238
Hill           2,604      2,604        0           0
Ganz             500        605        0          90
House            500        500        0           0
Walker (SPAC)  1,500        128      144         471

Brailey       28,406     19,090   11,853       9,550
Jordan        19,845     18,226        0      36,719
Moore         12,533        946    1,500      13,087
McGee          8,108      4,227        0       3,880
Hamilton       8,786      4,330        0       4,456
Christian      6,640      6,070        0         570
Provost        6,100      3,560        0       2,457
Cave           4,515      4,278    4,500         237
Grissom            0          0        0           0
E-Shabazz
Montgomery
Allen
Griffin
Thomas
Burks

This is what I meant when I expressed my surprise at the lack of money in the District A race. Peck has never been a big fundraiser, but she’s the only credible Republican in this race, unlike the 2009 and 2013 races. I’m honestly not sure what to make of this.

No one has raised that much in B either, but the cumulative total is more in line with what you’d expect. With such a large field, and multiple worthwhile candidates it’s credible that the donor class may wait to see who’s in the runoff and then pick a side.

The exact opposite situation exists in C, where Abbie Kamen continues to dominate fundraising, with Shelley Kennedy and Mary Jane Smith pulling in decent numbers. I expected more from Greg Meyers – it sure is nice to be able to write your own check – and Daphne Scarbrough has some cash on hand thanks to not spending much so far. If you’re Kamin, how much do you hold onto for the runoff, and how much do you feel you need to spend now to make sure you actually get into the runoff? It’s a big field, Kennedy is competing with her for the same voters, and there are plenty of Republicans in the district, so don’t overlook Smith or Meyers or Scarbrough. Runoffs are a sprint and it helps if you don’t have to hustle for dollars, but finishing third or fourth with $100K in the bank is like losing a walk-off with your closer still in the bullpen because you want to be prepared for extra innings.

District D is like B, with a wider distribution of money. Most of these candidates had no July report, as many of them entered close to or after July 1, following Dwight Boykins’ entry into the Mayor’s race. Brad “Scarface” Jordan was the only real fundraiser for that report. It’s not a huge surprise that he and Carla Brailey led the pack, but I could see the same “wait for the runoff” dynamic happen here. With a big field, you just never know what can happen.

I’ll wrap up the Houston reports next week, and move on to HISD and HCC as well as the Congressional quarterly. Let me know what you think.

July 2019 campaign finance reports: Open City Council seats, part 1

There are seven more Council races to examine, all open seats thanks to a couple of incumbents either stepping down (Steve Le in F) or running for something else (Dwight Boykins in D, at least for now). I’m going to split these into two posts, with Districts A, B, and C in this one. A look at the Council races with incumbents, plus the Controller’s race, is here. As before, my look at the January 2019 finance reports for Houston candidates is here, and all of the finance reports that I have downloaded and reviewed are in this Google folder. Except for the reports that were filed non-electronically, which you can find here. Erik Manning’s invaluable spreadsheet remains my source for who’s in what race.

Amy Peck – District A
Mehdi Cherkaoui – District A
Iesheia Ayers-Wilson – District A

Robin Anderson – District B
Cynthia Bailey – District B
Patricia Bourgeois – District B
Alvin Byrd – District B
Karen Kossie-Chernyshev – District B
William Dennis – District B
Tarsha Jackson – District B
James Joseph – District B
Alice Kirkmon – District B
Alyson Quintana – District B
Renee Jefferson Smith – District B
Rickey Tezino – District B
Ben White, Jr – District B
Huey Wilson – District B

Kendra Yarbrough Camarena – District C
Candelario Cervantez – District C
Anthony Dolcefino – District C
Rodney Hill – District C
Abbie Kamin – District C
Shelley Kennedy – District C
Greg Meyers – District C
Bob Nowak – District C
Daphne Scarbrough – District C
Mary Jane Smith – District C
Kevin Walker – District C
Amanda Kathryn Wolfe – District C


Candidate     Raised      Spent     Loan     On Hand
====================================================
Peck          31,697     15,122    5,000      20,185
Cherkaoui     11,500      8,681    8,000       2,818
Ayers-Wilson

Anderson      1,465         820        0         540
Bailey        7,400       3,787        0       3,612
Bourgeois
Byrd         15,809      10,731    2,500       7,195
K-Chernyshev
Dennis        1,000           0        0       1,000
Jackson      24,813       5,306        0      20,787
Joseph
Kirkmon
Quintana     10,868       4,632        0       6,505
Smith        53,167      27,958        0      25,208
Tezino
White
Wilson

Camarena     13,638          12        0      13,625
Cervantez     1,954          46        0       1,908
Dolcefino     2,836           0        0       1,750
Hill
Kamin       175,490      44,557        0     141,382
Kennedy      39,651      40,600	       0       6,677
Meyers       25,722      10,004   20,000      34,297
Nowak        13,186       8,697        0       4,488
Scarbrough   31,195       5,849        0      22,195
Smith        58,906      20,696        0      38,209
Walker
Wolfe            63          43        0          20

District A is pretty straightforward. Amy Peck, currently the Chief of Staff for incumbent Brenda Stardig and a two-time candidate (2009 and 2013) before this, is the seeming front-runner. She’s the fundraising leader and there are no other brand-name Republicans in this race for an open Republican seat, which when you look at the field size in basically every other open seat race is kind of a miracle. That said, her haul so far is hardly a deterrent, and there’s still a few weeks for anyone on the fence to jump in. If the election were today, I’d make her the solid favorite. Ask me again after the filing deadline.

District B is always a fascinating mixture of experienced candidates with solid backgrounds and resumes, perennials and gadflies, and intriguing outsiders who could upend the conventional wisdom. Alvin Byrd has been Chief of Staff to two different Council members. Tarsha Jackson was a force with the Texas Organizing Project with a long record of advocacy on criminal justice issues. Cynthia Bailey is a longtime civic activist who’s leading efforts to fight illegal dumping and clean up trash. Renee Jefferson Smith had a day named for her by City Council following her Harvey recovery work. And of course, there’s Willie D of the Geto Boys. He joined the race too late to do any fundraising; the others I named account for the bulk of what has been raised, with Smith in the lead. There are some great candidates running here in a race that won’t get much attention outside the district. That’s a shame.

The district that will get most of the attention, only partly because about half of all the candidates running for anything are here, is district C. Abbie Kamin is the fundraising powerhouse by far, but it’s a big field and it won’t take that much to make it to the inevitable runoff. Kamin is an advocate for voting rights and refugees and generally makes you wonder what you’ve done with your entire life when you look and she what she’s done so far. This is a purple district with a roughly even mix of Republican and Democratic candidates, with Kamin, 2010 candidate for HD138 Kendra Yarbrough Camarena, and entrpreneur/activist Shelley Kennedy as the leading contenders in the latter group. (Nick Hellyar was there with them till he moved to the At Large #4 race.)

Mary Jane Smith is the leading fundraiser among the Republican candidates. Interestingly, her bio notes her political activism and campaign experience, but doesn’t say which party she’s been active with. That’s easy enough to figure out with a little Google searching, but I do find it curious that she wouldn’t fly her flag proudly on her own webpage. (Also, too, if you were a power broker in the last election for a county party chair, you aren’t an “outsider” in any meaningful political sense.) Anyway, Greg Meyers is a former HISD Trustee who ran against State Rep. Hubert Vo a few years ago, and Daphne Scarbrough (you can find her webpage yourself) is a longtime anti-Metro zealot. And yes, Anthony Dolcefino is the son of Wayne. You can’t say there aren’t choices in this race. I’ll fill you in on the rest tomorrow.

Two Geto Boys are better than one

Again I say, sure, why not.

Willie Dennis

William James Dennis, a rapper who goes by the stage name Willie D, has filed a campaign treasurer’s report to run for city council, becoming the second member of the Houston-based hip-hop group Geto Boys to seek a council seat.

Dennis filed a report Thursday with the city secretary’s office indicating he will run for District B, joining a field of 11 candidates.

Councilman Jerry Davis represents the district, but he has served the maximum number of terms and cannot run for reelection.

Hilton Koch, a Houston furniture dealer who is serving as campaign treasurer, confirmed Monday that Dennis is seeking the District B seat.

It is unclear, however, whether Dennis legally can be a candidate for council because he is a convicted felon.

[…]

The other candidates in the District B race are Robin Anderson, Cynthia Bailey, Patricia Bourgeois, Alvin Byrd, Karen Kossie-Chernyshev, Tarsha Jackson, James Joseph, Alyson Quintana, Renee Jefferson Smith, Ben White Jr. and Huey Wilson.

As the story notes, fellow Geto Boy Scarface is in for District D, the seat vacated by Dwight Boykins (assuming there are no backsies), where he currently faces a smaller field. I don’t know how Dennis’ past conviction will affect his candidacy, but having a conviction appears to have discouraged Booker T from running for Mayor (to be sure, there may well be other reasons why he hasn’t followed through on that). My opinion is that if you have completed your sentence you should be free and clear, but as far as I know that proposition has not been tested in the courts. So we’ll see. In the meantime, I will note that I am most familiar with District B candidates Alvin Byrd, who lost in the runoff to incumbent Jerry Davis in 2011, and Tarsha Jackson from her time with the Texas Organizing Project. Cynthia Bailey has sent out the most campaign emails, at least among candidates who have bought email lists that include mine.