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Supreme Court rejects mandamus over Commissioners Court redistricting

The primary will proceed as scheduled, but the issue could be revisited sometime after the 2022 election.

The Texas Supreme Court rejected an effort by Republican commissioners and voters to block Harris County’s recent redistricting plan on Friday, suggesting another challenge still in the works will meet a similar fate.

In their challenge, the petitioners argued that the new maps amounted to illegal Democratic gerrymandering. The new precincts approved by Harris County leaders last year resulted in dramatic shifts that the challengers argued would disenfranchise voters in the upcoming primaries.

But in a narrow ruling, the justices found that they likely couldn’t provide any relief to the challengers because the wheels of the election were already in motion.

“(N)o amount of expedited briefing or judicial expediency at this point can change the fact that the primary election for 2022 is already in its early stages,” their opinion read. “This Court and other Texas courts are duty-bound to respond quickly to urgent cases that warrant expedited proceedings, but even with utmost judicial speed, any relief that we theoretically could provide here would necessarily disrupt the ongoing election process.”

The result is that the new precinct maps will be allowed to stand. The Democratic majority on commissioners court adopted the maps on a 3-2 party line vote in October.

See here and here for the background, and here for a copy of the opinion, which is also embedded in the story. It’s fairly brief and pretty straightforward, so let me summarize:

– The current map violates federal law because of population differences among the four precincts. It was not an option for the court to order that the current map be used while the appeals played out.

– The court ruled that their role in redistricting is limited, and that they did not have nearly enough facts to go on, as many of the plaintiffs’ claims remain in dispute. The burden required to make them step in and halt or change the election, which is already underway, was far too high for them to take action on such a short notice.

– Regarding the (ridiculous) claim about people being disenfranchised because they would have to wait until 2024 to vote when they had been expecting to vote in 2022, the court noted that some number of people will always be in that position when redistricting occurs. The Constitution requires the State Senate (which like Commissioners Court has staggered four-year terms) to have everyone run after redistricting, but there’s no such requirement for Commissioners Courts, which moved to four-year terms by an amendment in 1954. Ordering all four precincts to be on the ballot in 2022 was rejected because of the limited time for anyone who might run in the other precincts to get going. The court also noted that any short-term remedy for Harris County might cause problems with other counties, if people could make similar claims about being disenfranchised.

– Given all that, the court said it had no choice but to reject the writ of mandamus and allow the 2022 election to go forward as planned. The court did not make any claims or judgments about the merits of the plaintiffs’ arguments, and said that if the matter comes back to them after going through the lower courts, they can evaluate them at that time.

So there you have it. There is still the Radack lawsuit out there, but as the story notes it seems extremely unlikely that will succeed at affecting this election based on this ruling. The Cagle/Ramsey lawsuit was dismissed in Harris County district court, so I presume the next step would be for the dismissal, which was made on the grounds that the plaintiffs lacked jurisdiction (this is what the story said, perhaps this should be standing), to be appealed. Success for the plaintiffs would mean sending the case back to a district court, hopefully (for them) to get a hearing and ruling on the merits, which would naturally be appealed by whoever lost. My guess is that this whole process would take a few years if everything proceeds at its normal pace. While the Supreme Court allowed for the possibility of an all-precinct election (under another new map) in 2024, or even a special election presumably before then, I wouldn’t hold my breath on it. Same thing for the Radack lawsuit, which as far as I know has not had an initial hearing yet.

Finally, while this story does not mention it, I wonder if this may also signal the death knell for the two state court redistricting challenges, on the same grounds of not having enough time to do something before people begin voting. That last update suggested the possibility of a trial this week, but I am not aware of any news to that effect. The cases are in Travis County district court, if anyone wants to try to figure that out.

Sheriff Gonzalez re-nominated for ICE

Take two.

Sheriff Ed Gonzalez

Harris County Sheriff Ed Gonzalez is still President Joe Biden’s pick to lead U.S. Immigration and Customs Enforcement, even after the Senate failed to confirm him last year.

Biden renominated Gonzalez for the ICE director on Tuesday. His initial nomination, from April, expired earlier this week.

Gonzalez still faces an uphill battle in the Senate, which is evenly split and has been moving through Biden’s nominees at a glacial pace amid Republican opposition. ICE — a particularly polarizing agency — has been without a permanent director for five years.

“He’s likely to face the same result in 2022 that he has in 2021,” said Rice University political science professor Mark Jones. “He’s received quite a bit of flak from the left and the right. The right has attacked him because of his because of his past criticism of ICE, but the left has attacked him because of his support for border security and the rule of law at the border.”

Gonzalez is one of many Biden nominees who Democrats have struggled to get confirmed, reflecting shifting norms in the Senate and the growing difficulty of confirming political appointees in recent years, said Max Stier, CEO of the Partnership for Public Service, a nonpartisan organization that promotes effective government.

See here for the background. With all due respect to Professor Jones, if Gonzalez lacked support from even one Democratic Senator, he’d be toast. There are progressive critics of his, though I’d say that criticism is more about ICE as an agency, but if that had been enough to sway any votes in the Senate, someone else would be getting nominated. As both this story and the previous one note, the main issue here is the extreme slowness in getting presidential nominees approved by the Senate, for a variety of reasons in that profoundly broken institution. Either Leader Schumer is able to get a floor vote for him on the calendar, without negatively affecting any higher priorities, or we face the same situation next year, possibly with a Republican-controlled Senate that will make the matter entirely moot. Good luck.

Fraudit fizzling

Who could have ever predicted this would be a big ol’ nothingburger?

The Texas secretary of state’s office has released the first batch of results from its review into the 2020 general election, finding few issues despite repeated, unsubstantiated claims by GOP leaders casting doubts on the integrity of the electoral system.

The first phase of the review, released New Year’s Eve, highlighted election data from four counties — Harris, Dallas, Tarrant and Collin — that showed few discrepancies between electronic and hand counts of ballots in a sample of voting precincts. Those partial manual counts made up a significant portion of the results produced by the secretary of state, which largely focused on routine voter roll maintenance and post-election processes that were already in place before the state launched what it has labeled as a “full forensic audit.”

On Friday, Samuel Taylor, a spokesperson with the secretary of state’s office, said the review was needed “to provide clarity on what issues need to be resolved for the next elections.”

But Remi Garza, president of the Texas Association of Election Administrators, said there wasn’t anything in the review’s first set of results that raised any alarms for him.

“There doesn’t seem to be anything too far out of the ordinary with respect to the information that’s provided,” said Garza, who serves as the election administrator in Cameron County. “… I hope nobody draws any strong conclusions one way or the other with respect to the information that’s been provided. I think it’s just very straightforward, very factual and will ultimately play a part in the final conclusions that are drawn once the second phase is completed.”

According to the state’s review of the counties’ partial manual counts, which they are already required to conduct under state law, there were few differences between electronic and manual ballot tallies — and counties were able to justify those inconsistencies.

See here for the previous update. Boy, nothing says “we want people to see this news” like putting out a press release on the Friday afternoon of a holiday weekend. In each case cited here, there was a literal handful of vote count differences, and the reason each of the tiny discrepancies was already known. And this is in four counties that totaled over four million ballots cast in 2020. It’s hard to imagine a cleaner or clearer result.

The state’s progress report for phase one of its audit also included data related to regular maintenance of the state’s massive list of registered voters — it surpassed 16.9 million in November 2020 — that goes beyond its four-county review. But some of the figures highlighted by the state either appear to be faulty or remain unverified.

For example, the secretary of state’s office noted it had sent counties a list of 11,737 records of registered voters it deemed “possible non-U.S. citizens.” But the Tribune previously reported that scores of citizens, including many who registered to vote at their naturalization ceremonies, were marked for review.

Although it has yet to finish investigating the records, the state also included an unverified figure of 509 voter records — about 0.0045% of the 11.3 million votes cast in November 2020 — in which a voter may have cast a vote in Texas and another state or jurisdiction. The state said the work of reviewing those records to eliminate those that were “erroneously matched” because of data issues wouldn’t be completed until January.

The state also highlighted the investigation of 67 votes — about 0.0006% of the votes cast in the 2020 general election — cast by “potentially deceased voters.” This review also has not been completed.

In its report, the secretary of state emphasized that the removal of ineligible or deceased voters from the voter rolls “in and of itself does not indicate that any illegal votes were cast.”

What they almost always find in the latter case is that the voter died after their vote had been cast. In a state with millions of people, that sort of thing happens. I would expect that in most of the former cases, closer inspection shows that the votes in question were actually cast by different people. Accurate name-matching is a tricky business. As for the “non-citizen voter purges” the state regularly tries and fails to do with any accuracy, well, just keep that in mind whenever the state of Texas or any of its officials make claims about voting irregularities. The motivation to find bad things blinds them to such a degree that any bad things they find are inherently tainted by the nature of their search. Only by removing that motivation, and thus enforcing a careful and deliberate process, can any claims be considered credible.

What does “race blind” redistricting even mean?

Good question.

In states like Texas and North Carolina, Republican lawmakers in charge of redrawing the political maps for the next decade say that the new plans are “race blind.” Their opponents in court say that the claim is implausible and one that, in some situations, is at odds with the Voting Rights Act.

Several lawsuits, including from the Justice Department, allege that the maps drawn after the 2020 census discriminate against voters of color.

Between a 2013 Supreme Court decision that scaled back the federal government’s role in monitoring redistricting and a 2019 ruling that said partisan gerrymanders could not be challenged in federal court, voting rights advocates have been left with fewer tools to address what they say are unfair and illegal redistricting plans.

Meanwhile, lawmakers in the states where the redistricting legal fights have been most pitched have adopted an approach that claims that racial data played no role as they drew the maps for the next 10 years. Legislators say they’re avoiding the use of race data after decades of litigation where they’ve been accused of unconstitutionally relying on race to gerrymander.

“I don’t view this as a serious legal defense, but more of a PR defense,” said Thomas Saenz, the president and general counsel of Mexican American Legal Defense and Educational Fund, which is suing Texas lawmakers over their new maps.

Challengers to the maps say that such an assertion of “race blind” maps is dubious as well as a betrayal of states’ obligations under the Voting Rights Act, which prohibits racial discrimination in redistricting. The law requires that in some circumstances, map-makers must draw plans in a way that creates minority-majority districts where voters can elect the candidates of their choice. In lawsuits alleging a failure to comply with the law, states like Texas have been accused of drawing maps that instead dilute the votes of communities of color.

Legislators may be trying to “immunize” themselves from most of the claims that are used in court to strike down redistricting maps, according to Nate Persily, a Stanford Law School professor and redistricting expert.

“By saying race was not in the minds of the people who drew the lines, you potentially get out of those constitutional causes action that you are intentionally diluting the vote of racial minorities or that race was the predominant factor in the construction of a district,” Persily told CNN, adding that such an approach doesn’t shield map-drawers from cases alleging Voting Rights Act violations.

Lawmakers’ description of maps as “race blind” is both “political rhetoric” and “test case rhetoric,” said Ben Ginsberg, a former Republican redistricting lawyer who is not involved in the current lawsuits. “But still, the standard is you can’t dilute minority voting power and minority opportunity to vote for their candidates of choice. And by not using race data they run the risk of being found to have diluted minority voting strength from what’s in the current map.”

[…]

In tension with legislators’ obligations under the Voting Rights Act are the limits the Constitution — under Supreme Court precedent — put on the use of race in redistricting.

The Supreme Court has said, via the 1993 decision in Shaw v. Reno, that use of race as a sole factor in drawing districts unconstitutional in most circumstances. However, the Voting Rights Act presents the sort of compelling government interest that allows for race to be considered.

Jason Torchinsky — a Republican election lawyer who has defended North Carolina legislators in redistricting cases in the past, but is not involved in the current cases in North Carolina or Texas– told CNN that map-drawers have to walk the line between their VRA obligations and not running afoul of the Constitution.

“Legislatures have to use very localized data to determine if they are required to draw [Voting Rights Act] Section 2 districts,” Torchinsky said. “If they are, then they have to consider race in those parts of the states because they’re required to under the Voting Rights Act.” But when states aren’t required to draw VRA districts, Torchinsky said, the use of race could pose a potential Constitutional problem.

I mean, if SCOTUS hadn’t killed preclearance back in 2013, we wouldn’t be having most of this debate right now, because none of these extreme maps would have seen the light of day. The claim at the time that we didn’t need preclearance any more because racial discrimination was a thing of the past was ludicrous then and is beyond obscene now. The 2019 ruling that said SCOTUS was unable to deal with partisan gerrymandering claims, even as the lower courts had no trouble adjudicating them, was cowardly and shameful. Of course, we do have what could be a pretty good answer to all that sitting on the Senate agenda, if we can somehow manage to convince two loathsome Senators that American democracy is a bigger concern than arcane and anti-democratic Senate rules. Until then, the only thing you can count on is that something is legal if SCOTUS says it is, no more and no less. And down the rabbit hole we go.

Sheriff Gonzalez’s status

Two words: In limbo.

Sheriff Ed Gonzalez

The Senate has yet to confirm Harris County Sheriff Ed Gonzalez as director of U.S. Immigration and Customs Enforcement, meaning he will likely need to be nominated again and will face an uphill battle to be confirmed in that role.

The Senate must agree unanimously before Jan. 3 to hold over the nomination of Gonzalez or nominate him during the 2022 legislative session.

Even if Gonzalez is held over — or nominated a second time — a number of political obstacles remain in the way of confirmation.

“The prospects for the confirmation of Sheriff Gonzalez in 2022 would not be very auspicious were Biden to nominate him again,” said Rice University political science professor Mark Jones, who noted the confirmation process would essentially start over from scratch in that case.

“The fact that there was a hold that remained now suggests that if Biden nominates Gonzalez again, he’s likely to face the same result in 2022 that he has in 2021,” Jones said.

The struggle to confirm Gonzalez reflects shifting norms in the Senate and increasing difficulty to confirm political appointees in recent years, aid Max Stier, CEO of the Partnership for Public Service, a nonpartisan nonprofit that promotes more effective government.

“Everything is becoming harder and slower, and you have even fewer people actually being confirmed for very important positions,” said Stier.

As of Dec. 30, just 266 of Biden’s political appointees had been confirmed, according to the Partnership for Public Service and the Washington Post, compared to 383 during the Obama administration.

The position of ICE director is especially challenging to confirm, considering the polarizing beliefs on immigration law enforcement and the 50-50 split of party control in the Senate.

“The position itself in this instance, ICE director, is one that’s become a bigger lightning rod, a more controversial position,” said Stier.

Trump failed to secure someone in that role during his entire term.

Mark Jones said he doesn’t believe the Senate’s failure to confirm Gonzalez has much to do with his ability to lead the agency, but much more to do with how Republicans are likely to utilize the hot-button issue of immigration during the 2022 midterm elections.

Gonzalez “still has a long track record of criticizing ICE, which means that during a time when Republicans realize that immigration policy is an advantageous one for them, they’re unlikely to support his confirmation. Even though from a policy perspective, his position is not nearly as far from their position,” Jones said.

Republicans have questioned the Democratic sheriff’s commitment to immigration enforcement since he was tapped for the role in April.

As a reminder, Sheriff Gonzalez was nominated in late April, and was approved by the Senate committee in early August. It’s not clear what the actual holdup is here, as Gonzalez would get through if he has full Democratic support. It may be that one or more Democratic Senators are not on board with him, or just don’t want to confirm anyone to this position without some action on immigration in general or ICE in particular, or it may be that this was just another thing moved to the back burner while everyone was chasing Joe Manchin to get his vote on Build Back Better. If it’s the latter, then I think there’s a decent chance Sheriff Gonzalez eventually gets confirmed next year. If not, then we’ll know when he eventually withdraws his name from consideration.

The state of the state redistricting lawsuits

A good update, and a reminder that not all of the action is in federal court.

In two cases heard [December 14 and 15], a group of mostly Democratic, Hispanic lawmakers from both chambers challenged the legality of when and how Republicans drew the boundaries.

“All we’re asking is for Republicans, who claim to be constitutionalists, to start acting like it, and follow the plain meaning and reading of the Constitution,” said Roland Gutierrez, one of two Democratic state senators who are suing Texas.

Focusing on the timing are Gutierrez and Sen. Sarah Eckhardt, who sued to block the Legislature from redistricting in a special session this year. Also at issue are rules for keeping counties intact when drawing Texas House districts.

Similar to a suit they filed in federal court before redrawing began, the senators’ attorneys argued the Texas Constitution requires that redistricting be done in a regular session that won’t happen until 2023.

That makes the newly drawn state House and state Senate plans invalid, argued the legal team for Gutierrez and Eckhardt, of San Antonio and Austin, respectively.

The senators’ lawyers pointed to a provision in the state Constitution that requires the redistricting process to start in the first regular session after the decennial Census has been published, asking the court to block the new plans from being used.

State lawyers argued the provision does not prohibit apportionment at other times, and warned that blocking the map will disrupt the 2022 election process that is already in motion.

“The Legislature … is perfectly free to redistrict whenever it wants,” Will Thompson, the attorney general’s deputy chief for special litigation, said at the Dec. 15 hearing in district court in Travis County.

[…]

The senators’ legal team also argued the new state House map violated the “county line rule” of the Texas Constitution, which requires that counties with sufficient population be kept intact in drawing Texas House districts.

The second challenge, mounted by the Mexican American Legislative Caucus in the Texas House, made a similar case that the rule was broken, arguing it was designed to ensure people have local representation.

As lawmakers this fall debated the new House lines late into the night, they narrowly adopted a major change in South Texas. House District 37 was redrawn from a seat President Joe Biden won by 17 percentage points, to a seat the president won by only two points over former President Donald Trump in the 2020 election.

That amendment, developed by Kingsville Republican Rep. J.M. Lozano, was denounced by some Valley lawmakers. State Rep. Eddie Lucio III, D-Brownsville, called the change a “disingenuous, last-minute attempt to do a grab.”

The plaintiffs’ legal team argued the county line rule requires that two districts be wholly contained within Cameron County. Yet Lozano’s tweaks give Cameron County just one wholly contained district, with two that connect to adjoining counties.

The state’s lawyers argued the new boundaries do not dilute votes in Cameron County, and that Cameron got the number of districts it was constitutionally entitled to. The plaintiffs’ attorney rejected that interpretation of the rules.

“There is no doubt that to whatever extent Cameron County voters are a cohesive group … they get to elect the candidates of their choice,” said Thompson, one of the state’s lawyers.

District 37 Democratic candidate Ruben Cortez Jr. joined the senators’ suit, along with political organization Tejano Democrats. The new version of the district was joined with adjacent Willacy County.

“This Republican redistricting scheme is robbing the voice of Cameron County voters,” Cortez, also a member of the Texas State Board of Education, said in a news release.

The caucus’ complaint asked the court to block the Texas House map from being used in upcoming elections and allow for the creation of alternative boundaries.

Both sides discussed a full trial beginning Jan. 10.

It’s unclear, if the judges rule in favor of the plaintiffs on the county line rule, whether they would delay Texas House primary elections just for South Texas, or the entire state. The plaintiffs’ legal team asked the court to delay the primary to May 24.

Thompson, the state lawyer, said he expects the 2023 Legislature to have to revisit the maps.

The Gutierrez/Eckhardt lawsuit was originally filed in federal court, but at a hearing in October it was agreed that the plaintiffs would first pursue the matter in state court. The state lawsuit was filed on November 22, judging from the stamp on the document. The lawsuit over HD37 and Cameron County was one of two lawsuits filed by MALC, with the other being a broader federal lawsuit. I was not aware until this story that they had been combined, as the federal lawsuits (with the exception of the federal version of the Gutierrez/Eckhardt lawsuit) have been.

The cases are being heard by an interesting three-judge panel: Karin Crump, a Democrat and district court judge in Travis County, who is presiding; Ken Wise, a Republican was was re-elected to the 14th Court of Appeals in 2020; and Emily Miskel, a Republican district court judge from Collin County who is running for the 5th Court of Appeals in 2022. I assume this is the work of the Texas Multidistrict Litigation Panel, though that name is not mentioned in the story. Funny how once you become aware of something new you begin to see it everywhere.

As for the cases, with the standard I Am Not A Lawyer proviso, both of them seem pretty straightforward. Either the Lege is only allowed to embark on the decennial redistricting process in a regular session that follows the Census or it’s not, and either the county line rule means that a county with sufficient population to have more than one State House district in it has only one partial district in it, with the other(s) being fully within that county. Looking at the district viewer, I don’t see any other example of a county that has one complete district and more than one partial districts in it. There are no such examples in the current map, either – Cameron has all of HDs 37 and 38 and part of 35. It seems likely to me that previous legislatures didn’t think this was something they could do. And as for whether Cameron County voters get to elect the candidate of their choice, that’s nice and all but it’s not the question that was asked, nor is it relevant to the county line rule.

As for the claim that the Lege is free to redistrict whenever it wants, then it could in theory redraw new lines after every election. (The 2003 DeLay re-redistricting was only for Congress, which is outside the scope of the Gutierrez/Eckhardt lawsuit. That same claim was made about “mid-decade” Congressional redistricting, and I don’t believe there was ever a federal ruling on that question.) Surely there are some limits on what the majority party can do.

The weakness of the state’s arguments suggests to me the possibility the plaintiffs could prevail, but we are getting way ahead of ourselves. I do think the state can reasonably claim it wasn’t their fault that the Census data was late, and that it’s less disruptive to redistrict in a special session so new maps can be in place for the intended election than to wait an entire cycle. The counter to that would be that this is what the Legislative Redistricting Board is for, though here I would say it’s not clear to me that the outcome would be any more favorable to the plaintiffs unless the LRB is restricted to just tweaking districts to equalize population. In other words, can the LRB draw whole new maps, in which case I’d expect them to come up with something exactly like what was adopted by the Lege, or must they use the existing maps and make only the minimal changes necessary to fix population imbalances? The Gutierrez/Eckhardt plaintiffs might “win” but not achieve anything, depending on how the court views that question. Someone with real legal experience should probably step in at this point and stop me from digging this hole any deeper.

Anyway. We might at least get an initial answer to these questions before voting begins, which would be nice. We might also get a split primary for at least part of the state, which is more than a little chaotic. Isn’t this fun?

The Lege will get worse before it gets better

I have three things to say about this.

More than two dozen members of the Texas Legislature are retiring or running for a different seat next year, creating a slew of vacancies that could push both chambers to become redder and more polarized by the time lawmakers reconvene in 2023.

Many of the outgoing members are center-right or establishment politicians with years of experience, opening up seats for younger and more ideologically extreme replacements. In many cases, their districts were redrawn to strengthen the GOP’s hold on the Legislature, eliminating all but a few of the battleground contests that tend to attract more moderate candidates.

Those changes, paired with new political maps that leave little opening for Democrats to gain ground in November, have laid the groundwork for an even more conservative Legislature, even as Republicans toast the 2021 legislative session as the most conservative in the state’s history.

“The tides are shifting again,” said state Rep. Dan Huberty, a moderate Republican from north Houston who is not seeking re-election. “You have different political leaders, and the constituency has a view of what they want. You’re going to see a shift. I would assume it’s going to be more conservative.”

The Capitol is also poised to lose some of its longest tenured legislators to retirement, draining “a generation of policy expertise” on areas such as health care, education, agriculture and the border, said Brandon Rottinghaus, a political science professor at the University of Houston. The average tenure of the departing members is 13 years.

We’ve covered this before. What distinguishes members like Dan Huberty and Chris Paddie and Lyle Larson and even otherwise crappy ones like James White is that they had policy chops, in at least one area, and took that part of legislating seriously. They were perfectly happy to vote for all of the destructive wingnut crap, and we should never forget that as we say nice things about their legislative experience, but the truth is that whoever survives the freak show primary to replace them will almost certainly be worse than they were. Until such time as Dems win a majority, or Republicans become collectively less sociopathic (whichever comes first), the Lege will become a worse place than it now is.

In 2011, Huberty was one of 37 mostly Republican freshmen in the Texas House — a mix of conservatives and moderates who rode the tea party wave into office, including three members who had served in the House previously, lost their seats and then gained them back that year.

By 2023, few of the moderate new members elected from that class will remain, with most of the remaining holdouts — including Huberty, John Frullo of Lubbock, Lyle Larson of San Antonio and Jim Murphy of Houston — declining to seek re-election next year.

We’ve discussed this before as well. What do all these members have in common? They will have served twelve years in the House, which makes them fully vested in the Lege’s pension plan. There may well be other reasons for their departures, and of course the first post-redistricting election is always an exodus, but I guarantee you that’s a factor.

In the Senate, [Sen. Eddie] Lucio’s seat could be the sole competitive race next year. The other open districts are solidly Republican, and those who are likely to replace the outgoing members are ideologically further right than their predecessors — or are, at least, closely allied with [Lt. Gov. Dan] Patrick, the leader of the upper chamber.

[Sen. Kel] Seliger was known for frequent fallouts with Patrick, defying him at times and blocking passage of priority bills. But state Rep. Phil King, the Weatherford Republican vying to replace him, has already earned Patrick’s stamp of approval.

[Sen. Larry] Taylor, one of the most moderate members of the Senate, is also poised to be replaced by a more conservative successor. Those running to replace him include [Rep. Mayes] Middleton and Robin Armstrong, a physician backed by Attorney General Ken Paxton, a tea party favorite. (Armstrong gained attention last year when he controversially administered hydroxychloroquine to COVID-19 patients at the Texas City nursing home where he works.)

We really need a better descriptor in these stories than “moderate”, which has lost all meaning in the post-Tea Party, post-Trump era. Kel Seliger is conservative in the way someone from the Reagan/Bush years would recognize the term. He’s also a legitimate work-across-the-aisle guy, and was maybe the last Senate Republican to not care about whatever Dan Patrick wants. You could fit a term like “iconoclast” or “maverick” to him if you had to, but he’s just a guy who was generally faithful to his political beliefs, and voted in what he believed was the best interest of his district. Which these days is pretty goddamned quaint. As for Taylor, look, he’s as down-the-line a Republican as there is. It’s true, he doesn’t spew conspiracy theories every five minutes, he’s not performatively nasty on Twitter, and as far as I know he eats his food with a knife and fork, and chews with his mouth closed. That makes him fit for human society, but it has nothing to do with how he votes or whether there’s an inch of distance between him and Dan Patrick. If that’s what we mean these days when we refer to a Republican legislator as “moderate”, can we please at least be honest about it?

Filing update: More candidates than you can count

This headline and first paragraph are short by a couple of candidates.

Judge Lina Hidalgo

A dozen potential challengers to Harris County Judge Lina Hidalgo were among the scores who filed ahead of Monday’s deadline to run for county offices next year.

[…]

Hidalgo, who is seeking a second term, faces three candidates in the Democratic primary: former Precinct 1 Constable’s Office Chief of Staff Erica Davis, real estate broker AR Hassan and photographer Georgia Provost.

Nine Republicans are vying for their party’s nomination, including attorney Vidal Martinez, former Army Capt. Alexandra del Moral Mealer, Humble Independent School District board president Martina Lemond Dixon and Randy Kubosh, brother of Houston Councilman Michael Kubosh. The others are Oscar Gonzales, George Zoes, Robert Dorris, Warren Howell and HQ Bolanos.

There are five Democrats running against Judge Hidalgo, not three. Joining Erica Davis on the last-day-to-file train were Kevin Howard and Maria Garcia; I know nothing about either of them. The photos in that Facebook post, plus the 2022 candidate filings album, are the main source that I have for figuring out where the SOS qualified candidates webpage falls short. Chron reporter Zach Despart must have gotten his info from there before the late-filers were included.

There are still some oddities and seeming exclusions on the SOS page as well. I know I saw a Democratic candidate for CD22 on there on Monday, but as of Tuesday there’s no listing. There’s still no one listed for HD22, the seat being vacated by longtime Rep. Joe Deshotel, but local news in Beaumont lists three candidates, one of whom (Joseph Trahan) is the Jefferson County Democratic Party Chair. Jonathan Cocks had been listed for well over a week as a candidate for SBOE8 but is now showing as a candidate for SD08, which makes sense because his address is in the Metroplex city of Allen, and because the Svitek spreadsheet had him going there after pulling out of the Land Commissioner race. Svitek lists two of the three HD22 candidates as the news story, and has the CD22 candidate (Jamie Jordan) as well.

Some other bits of interest:

HD80 was carried by Trump by four points in 2020, so yeah, that’s a big miss for the GOP.

Bryant represented the old CD05 through the 1994 election. He ran in the 1996 primary for US Senate and lost in the runoff to Victor Morales. His old seat was then won by Pete Sessions, who was drawn into CD32 by Tom DeLay in the 2003 re-redistricting, knocking off longtime Rep. Martin Frost the next year. This concludes your history lesson for the day.

Spent a million bucks of his own money to do so, ultimately winning 3,831 votes, or 20.67%, against Rep. Garcia and several others. I suspect Rep. Fletcher won’t have too much trouble with him, but she’ll want to spend some money to make sure.

I will of course keep an eye on that. I’m sure there will be at least one more post in this general vein.

Two other items of note: While Fort Bend County Judge KP George did not draw a primary challenger, there are two candidates vying to take him on in November, including failed 2020 Sheriff candidate and Congressional brother Trever Nehls. Both incumbent County Commissioners, Grady Prestage and Ken DeMerchant, drew multiple primary opponents. Here in Harris County, while HCDE Trustee Eric Dick is one of two Republicans running in the primary for County Treasurer, his wife Danielle is running for his seat (Position 2) in Precinct 4. She will be opposed by Andrea Duhon, the incumbent in Precinct 3 who now lives in Precinct 4 following the adoption of the new map. A bit more than a year from now, we will have between zero and two members of the Dick household in public office. I can’t think of a better place to end this post.

UPDATE: Tahir Javed has withdrawn from the CD07 primary, leaving Rep. Fletcher without opposition in March. I’ll have a post on that tomorrow.

Filing update: Not that Rick Perry

I’m going to let this speak for itself.

Not that Rick Perry

Rick Perry is running for governor — but not that Rick Perry.

The Republican Party of Texas updated its list of candidate filings Monday — hours before the deadline for the March primary election — to include a Rick Perry running for governor. The party quickly confirmed that it was not Rick Perry, the former governor and U.S. energy secretary, against Gov. Greg Abbott. Instead it’s Ricky Lynn Perry, a man from Springtown, a town in Parker County northwest of Fort Worth. On the form, the man listed “Rick Perry” as the version of his name that he wants to appear on the ballot.

A LinkedIn profile for a Rick Perry from Springtown lists his current job as a senior desktop technician for Lockheed Martin. Neither Perry could be immediately reached for comment.

Abbott is running for a third term and has drawn at least three primary challengers. While Abbott may not be facing a challenge from his predecessor, having such a widely known name on the primary ballot could complicate his path to renomination.

Rick Perry was the longest-serving governor of Texas, preceding Abbott before the latter took office in 2015.

The candidate Perry’s form was notarized by Tony McDonald, an Austin lawyer who is active in anti-establishment conservative circles and has supported one of Abbott’s primary opponents, Don Huffines. McDonald told the Tribune that Perry is a “good conservative activist from Parker County” whom he knows through a “friend of a friend.” McDonald said he was supporting Perry and serving as his campaign treasurer.

Asked if one of Abbott’s existing primary challengers had convinced Perry to run, McDonald said he was “not aware of that.”

[…]

Abbott’s campaign, meanwhile, scoffed at Perry’s filing. The governor’s top political strategist, Dave Carney, said on Twitter that it was “another stupid pet trick” and that it “will backfire as these stunts always do.”

You know me, I love a good phony candidate story. Most likely this is just a dumb trick that will have no effect on the outcome. But it’s funny, and we could all use a laugh.

As yesterday was the filing deadline, there was a bit of a rush to get the job done, and the SOS Qualified Candidates page is missing a few names here and there. I’ll have another update tomorrow to fill in the remaining blanks, but in the meantime we have some coverage from the Trib.

The Democratic primary for lieutenant governor got a third candidate as Carla Brailey, vice chair of the state party, announced her campaign. Her launch came amid a lingering discussion among Democrats about whether their statewide slate is diverse enough.

Brailey said in an interview that she was running because she “really believe[s] our democracy is at stake, and I think this is gonna be one of the most important elections we have experienced in a very long time in Texas.”

“It’s very important that we have leadership that just reflects Texans — all Texans — and I think I will be able to do that,” said Brailey, who is Black.

She joined a primary field that includes Mike Collier, the last nominee for lieutenant governor who has been running since early this year, and state Rep. Michelle Beckley of Carrollton, who announced last month. Matthew Dowd, the cable-news commentator who once was a strategist for former President George W. Bush, had been running in the primary until last week, when he dropped out and said he wanted to make way for a more diverse field.

Brailey is not the only Democrat who has stepped forward for the statewide ticket as the filing deadline loomed. Janet Dudding, a 2020 candidate for a battleground state House seat in Brazos County, filed to run for comptroller, joining at least two other Democrats vying to take on GOP incumbent Glenn Hegar. Susan Hays, a prominent cannabis lawyer and hemp advocate, announced she was running for agriculture commissioner, giving Democrats their first candidate to challenge Republican incumbent Sid Miller.

“Farming is hard, but ethics should be easy,” Hays said Thursday as she announced her campaign against the scandal-prone Miller.

[…]

Over in the Houston area, where one of Texas’ new congressional seats is located, the longtime Republican frontrunner, Wesley Hunt, got arguably his best-known opponent yet: Mark Ramsey, a former member of the State Republican Executive Committee. The seat was drawn to favor the GOP, so Republicans have been watching how complicated of a path Hunt will have on his quest for a general-election win.

Until Monday, no Democrat was contesting the Houston-area seat — the 38th District — but that changed when Centrell Reed, a Houston life coach, switched to the race after filing for the 7th District. Reed’s decision spares the 7th District incumbent, U.S. Rep. Lizzie Pannill Fletcher, D-Houston, a primary challenge in a district that has been made much bluer by redistricting.

In state House races, there was little late drama involving incumbents. One question mark going into Monday was whether state Rep. Claudia Ordaz Perez would follow through on her plan to run against state Rep. Art Fierro, a fellow El Paso Democrat — and she did, filing with hours to spare. Ordaz Perez had chosen to take on Fierro after redistricting forced her into the district of a fellow El Paso Latina, Democratic state Rep. Lina Ortega.

In another late development in a state House contest, state Rep. Harold Dutton, D-Houston, drew a primary challenger: Candis Houston, president of the Aldine chapter of the American Federation of Teachers. Dutton, chair of the House Public Education Committee, was under fire from fellow Democrats earlier this year over how he handled legislation placing restrictions on transgender student athletes.

That Lite Guv primary is going to be a tough choice, those are three good candidates. Susan Hays picked up an opponent in her race, some dude named Ed Ireson. CD38 went from zero candidates to three – in addition to Centrell Reed (who the SOS still had in CD07 as of last night), Diana Martinez Alexander (candidate for Commissioners Court, Precinct 3 in 2020) and someone named Duncan Klussman filed. Other Harris County highlights:

– Three people, one of whom is the long-awaited Erica Davis, filed for Harris County Judge, making it a six person field.
– Sen. John Whitmire picked up a challenger, Molly Cook, who is one of the leading opponents to the I-45 project; see here for a story about that project that quotes her.
– Dems now have candidates for HDs 129 and 150, though I still don’t see anyone for HD133.
– Moving the lens out a bit, there are a few more primary challenges in the Lege – Erin Zwiener (HD45), Rhetta Bowers (HD113), and Ray Lopez (HD125) now have company – but if anyone was expecting a wave of such contests, you’re still waiting.
– By the way, the means I have to know that there are some filings that are not yet reflected on the SOS page is the photo album on the HCDP Facebook page, which contained most of the late arrivers. Here’s the full album with all the filers in alphabetical order. You think someone got the idea to take a picture of all the hopefuls to ensure there are no more of those mystery candidates? It’s a damn good idea, whether or not that was the motivation behind it.

Like I said, I’ll post another update tomorrow, to clean up anything we missed this time around. The Chron, which focused more on the Republican side, has more.

Fraudit update

Yes, it’s still a thing.

Texas Secretary of State John Scott announced late Friday that his office has presented an “exhaustive” document request to Dallas, Tarrant, Collin and Harris counties as part of an audit of 2020′s election.

Scott’s office also announced that phase one of the audit is nearing completion, with a summary of findings expected to be made public by the end of December. The document request marks the beginning of the second phase of the audit, according to a news release from the secretary of state’s office.

The request, sent to election administrators at each of the counties, asks for the counties to provide information including a full accounting of mail-in votes and provisional votes, any reported chain of custody issues as well as complaints that those offices might have received regarding the 2020 presidential election.

[…]

Following Friday’s announcement, James Slattery, a senior counsel at the Texas Civil Rights Project, called the document request from the secretary of state’s office a “fishing expedition.”

“No other words to describe these unbelievably wide ranging document requests than ‘fishing expedition,’ ” Slattery said on Twitter. “It’ll tie these offices up in knots just as the primary season begins, diverting crucial resources from helping voters navigate all of 2021′s election law changes.”

See here, here, here, and here for the background. I think James Slattery pretty much nails it, so let me note instead that Collin and Tarrant counties were apparently caught off guard by the initial call for the fraudit.

Now, an investigation by the watchdog American Oversight has brought back communication records and documents that show election officials in Collin and Tarrant counties were caught on their heels when the audit was announced, and that they apparently had no idea what the process meant.

In one of the emails American Oversight obtained, Collin County Election Administrator Bruce Sherbet informed employees that the audit would kick off in November.

(Does the timing feel a bit funny to you? Well: “Governor Abbott, we need a ‘Forensic Audit of the 2020 Election,’” Trump wrote in an open letter to Abbott. “Texans know voting fraud occurred in some of their counties.” A little more than eight hours later, boom: an audit is born.)

Texas Director of Elections Keith Ingram had informed Sherbet of the upcoming probe, despite having previously told the Collin County elections administrator that the vote had been both “smooth and secure.”

On Sept. 24, Collin County Commissioner Darrell Hale wrote back to Sherbet and Collin County Administrator Bill Bilyeu. “What is the story?” he asked. “What’s going on?”

“Just heard about it last night,” Sherbet replied. “Not sure of any details.”

Later, Hale confessed to an inquisitive constituent by email, “We are curious on the details ourselves.”

[…]

After the Texas Secretary of State’s Office announced the audit, Tarrant County Elections Administrator Heider Garcia urged election officials not to comment publicly until they figured out what exactly was going on and knew “what they need from us,” the email communications American Oversight obtained show. Garcia urged the officials to forward any media inquiries to him.

The American Oversight story is here. They say they intend to get similar documents from Harris and Dallas counties about their initial response to the fraudit request. I’ll keep an eye out for them.

Crystal Mason using SB1 to try to overturn her illegal voting conviction

Hope this works. It would be one small good thing to come out of that otherwise harmful law.

Crystal Mason, the Tarrant County woman whose illegal voting conviction has garnered national attention, is asking for a Texas appeals court to overturn her conviction under a new provision of Texas’ recently adopted election law Senate Bill 1.

Mason, 46, was sentenced to five years in prison for attempting to cast a ballot in 2016′s presidential election. At the time, Mason was on supervised release from a federal tax fraud conviction and was prohibited from voting in Texas.

Her lawyers with the American Civil Liberties Union this week filed a brief with the Texas Court of Criminal of Appeals citing the state’s new election law that took effect earlier this month in asking for her conviction to be overturned.

Tucked within SB 1 that was passed by the Texas Legislature in this year’s second special session is a section erasing criminal penalties for felons who attempt to vote without knowing that they were committing a crime. That portion of the law came about with Mason’s conviction in mind.

“SB 1 is a repudiation of Ms. Mason’s conviction and five-year sentence of incarceration,” the brief states.

[…]

Her attorney with the American Civil Liberties Union declined a request for comment. The Tarrant County District Attorney’s office, which prosecuted and has argued against overturning Mason’s conviction, said in an emailed statement that SB 1 has no bearing on Mason’s case.

“Even under the new law, she is guilty,” office spokeswoman Anna Tinsley Williams said. “She wasn’t convicted simply for casting the provisional ballot; she was convicted for casting a provisional ballot when she knew she was ineligible to vote. Knowledge of ineligibility is the key. This is not a case of mistaken voting.”

See here and here for some background. House Democrats had negotiated an amendment in the original bill during the regular session that would have retroactively covered Mason’s case, but it was taken out in the conference committee version by Senators on the committee, and that breaking of the faith was one of the catalysts for the initial quorum break during the regular session, which prevented the bill from getting a final vote. In the second special session, after House Dems had returned from Washington, a similar amendment was added to the House version of the bill, but it again ran into resistance in the Senate, with bill author Bryan Hughes the main obstacle. (How bad does Hughes look when even Briscoe fricking Cain was willing to add this provision to the bill?) If people can read the final version of the bill to include or not include Crystal Mason in its scope, then it’s at best a tossup what the CCA will do, and given their usual pro-prosecution bias, I can’t say I’m optimistic. But it’s sure worth the try.

Justice Department sues Texas over redistricting maps

Add it to the queue.

The Department of Justice is suing Texas over its new redistricting maps, alleging that lawmakers intentionally discriminated against Latino and Black voters while redrawing the state’s political districts this year.

The lawsuit, filed in federal court in El Paso, takes aim at Texas’ new maps for Congress and the state House of Representatives. The Biden administration alleges that several of the districts were drawn “with discriminatory intent” to increase the electoral power of the state’s white voters despite massive population growth among racial minorities.

“Our complaint today alleges that the redistricting plans approved by the Texas State Legislature and signed into law by the governor will deny Black and Latino voters an equal opportunity to participate in the voting process and to elect representatives of their choice, in violation of the Voting Rights Act,” Associate Attorney General Vanita Gupta said in a news conference.

Texas’ new maps, redrawn this year to reflect the state’s population increases since 2010, are already facing seven legal challenges in state courts. Critics have assailed them as attacks on Texas’ minority voters, noting that the state’s GOP-led Legislature declined to add any new majority-minority districts even as people of color drove 95 percent of the state’s 4 million-person population growth. Hispanic Texans comprised roughly half of that total.

“Our investigation determined that Texas’ redistricting plans will dilute the increased minority voting strength that should have developed from these significant demographic shifts,” Gupta said.

She added that the new maps were adopted through a “rushed process” that allowed for “minimum” public participation. The department is asking the court to prevent any elections from taking place using the new maps; the state’s primaries are scheduled for March 1.

Politico adds some details.

The suit notes that Texas’ past redistricting maps have repeatedly been smacked down by courts over the last several decades. But [Attorney General Merrick] Garland acknowledged during the press conference that this case presents more challenges than past decades because the so-called preclearance requirement, which mandated that jurisdictions with a history of discriminatory election laws get changes approved by either the Department of Justice or a D.C.-based federal court, was gutted by a mid-2010s Supreme Court decision.

“There are two problems: One, it means that we don’t get a chance to look at these things before they go into effect, which is a very significant aspect of our tools, and instead requires that we challenge every case individually,” Garland said. “And second, it flips the burden of proof.”

[…]

The suit takes particular issue with the 23rd Congressional District — a sprawling West Texas seat now held by GOP Rep. Tony Gonzales — accusing Texas Republicans of intentionally eliminating its status as a district where Latinos could elect their candidate of choice.

More than 50 percent of the voting age population in the new 23rd District is Latino, but the Department of Justice claims — as it has in previous litigation against other iterations of this seat — that GOP mapmakers swapped out Latinos who vote regularly with low-propensity Latino voters.

The end result, the suit says, is “an effort to strengthen the voting power of Anglo citizens while preserving the superficial appearance of Latino control.”

The suit also noted the lack of a new Latino opportunity seat in Houston’s Harris County and accused the legislature of having “surgically excised minority communities from the core of the Dallas-Fort Worth Metroplex (DFW) by attaching them to heavily Anglo rural counties, some more than a hundred miles away.”

The suit also singles out the new 24th Congressional District, held by freshman GOP Rep. Beth Van Duyne. By reducing the district’s swath of northwest Dallas County, the mapmakers dropped the Latino citizen voting age population from 40 percent to 23 percent. The suit says the map again strengthens the Anglo voting bloc.

GOP mapmakers created three new deep blue seats — in Austin, Houston and Dallas — to accommodate a growing number of left-leaning voters and keep them from overwhelming the red-leaning districts surrounding them. None of those seats have a Latino-majority. Republicans will likely control at least two dozen of the state’s 38 seats under this new map.

In the Houston area, the suit notes that the new 38th Congressional District was drawn “to give Harris County’s shrinking Anglo population control of yet another Congressional seat” even though “most of that population growth occurred within the Latino community.” That seat leans heavily Republican, and the current frontrunner in the GOP primary, Wesley Hunt, is Black.

Garland also urged Congress to restore those preclearance requirements that were effectively stripped out of the Voting Rights Act by the Supreme Court in Shelby County v. Holder, which was decided in 2013.

As noted before, there are multiple lawsuits that have already been filed, and with the exception of the Gutierrez/Eckhardt suit, which raises different questions, have been combined into one action. Michael Li expects this lawsuit to be assigned to the same three-judge panel as the others as well. He also says this:

Not really much else to say here – if the Senate can ever get around to passing one of the voting rights bills that the House has sent them, it could make the plaintiffs’ case even stronger, but unless that happens it’s hard for me to have a lot of optimism, despite the glimmer that Michael provides. It’s barely possible that the panel could put the March primary on hold, but to say the least I don’t expect that. A copy of the lawsuit is here, and the Trib and the Texas Signal have more.

Beto and South Texas

Brace yourself for a lot of stories like this in the coming months.

Beto O’Rourke

In the first days of his campaign for governor, Beto O’Rourke made a beeline to this southernmost corner of the state, saying it was no mistake he was choosing to start his run in a part of Texas where Democrats have their work cut out for them after the 2020 election.

His supporters know it, too.

“We are being attacked at all ends,” Amanda Elise Salas said as she introduced him here Wednesday night. “This is a Democratic area, and there is no way we are gonna let Republicans come in here and take over.”

“They’re knocking at our door,” Mario Saenz, a Democratic precinct chair from Brownsville, said afterward. “We cannot let them in.”

A lot of Democratic hopes are riding on O’Rourke this election cycle, but few may be more consequential to the party’s future in Texas than his ability to stave off a strong GOP offensive in South Texas. Emboldened by President Joe Biden’s underwhelming performance throughout the predominantly Hispanic region last year, Republicans have been pushing hard to make new inroads there, and O’Rourke faces an incumbent in Gov. Greg Abbott who has been working for years to win Hispanic voters.

But it is not just about halting the GOP’s post-2020 march in South Texas. O’Rourke, who is facing an uphill battle in the governor’s race, has ground to make up after his own less-than-stellar performance with voters there in 2018 when he ran for U.S. Senate — and turning out more Latino voters has long been key to Democratic hopes statewide.

O’Rourke has been candid about the problem. Days after the 2020 election, which cemented Republican dominance across Texas, he told supporters that the fact that the border region “has been ignored for years by the national party, and even many statewide Democratic candidates, hurt us badly.” Last week, he began his campaign for governor with a swing through the region, calling the early itinerary “very intentional” and vowing to return frequently.

“If the great sin committed by Republicans historically has been to disenfranchise voters, including those in the Rio Grande Valley, then that committed by Democrats has been to take those same voters for granted in the past,” O’Rourke told reporters in San Antonio, before heading south to Laredo and the Valley.

O’Rourke got a wake-up call in South Texas during the 2018 Democratic primary for U.S. Senate, losing many counties in the region to a little-known and little-funded opponent, Sema Hernandez. While it was not the first time a candidate with a Hispanic surname beat expectations in a statewide Democratic primary, O’Rourke acknowledged afterward that he needed to do more outreach.

Months later, in the general election, O’Rourke failed to make significant gains in South Texas compared to his party’s 2016 presidential nominee, Hillary Clinton, which would have been key to defeating U.S. Sen. Ted Cruz. In the largest South Texas county outside San Antonio — Hidalgo — O’Rourke barely improved on Clinton’s vote share there, getting 68.8% after she got 68.5%.

Then came 2020, when Biden carried South Texas — and the Rio Grande Valley in particular — by a much narrower margin than Clinton did. He outright lost Zapata County, a longtime Democratic stronghold just north of the Valley.

[…]

Beyond any issue, though, South Texas Democrats say O’Rourke needs to show up, especially after a presidential election that left them wanting. Biden never visited Texas, let alone anywhere in South Texas, during the general election, and his running mate, Kamala Harris, visited McAllen only in the final days of the race.

To that end, South Texas Democrats are not particularly concerned about O’Rourke, who is known for his relentless campaigning. He toured all 254 counties during his 2018 race, which included a bus tour specifically focused on the border.

“We’re the poorest region of Texas, maybe one of the poorest regions in the nation, and you know, it was a huge letdown that Kamala and Biden didn’t make a prolonged appearance here in the Valley, but Beto, you know, he’s been recurringly focusing his presence here, especially in his past campaigns,” said Sebastian Bonilla, a 25-year-old from the Valley who came to see O’Rourke speak in McAllen.

Abbott has put an emphasis on South Texas since his first gubernatorial campaign in 2014, and he has been increasingly traveling there in recent months, both in his official capacity and for political appearances.

You get the idea. This kind of story is going to be the “Trump voters in diners” lodestar of 2022.

Because I tend to zero in on any actual numbers that show up in this kind of “collect a bunch of quotes and anecdotes” piece, I wondered about that Hidalgo County comparison. Just for grins, I went back and checked to see what was the best Democratic performance in Hidalgo in recent years:

2004 – JR Molina, 64.08%. For comparison, John Kerry got 54.86% against George W. Bush.

2006 – Bill Moody, 62.54%.

2008 – Linda Yanez, 73.63%.

2010 – Hector Uribe, 67.14%. That sure correlated with good Democratic performance elsewhere, eh?

2012 – Michelle Petty, 70.69%. Barack Obama got 70.40%, an improvement over the 69.02% he got in 2008.

2014 – Leticia van de Putte, 67.57%.

2016 – Dori Garza, 70.98%. Hillary Clinton got 68.50%, as noted in the story.

2018 – Steve Kirkland, 69.34%, with Beto’s 68.81% right behind. Kirkland was in a two-candidate race, while Beto and Ted Cruz also had a Libertarian in their race. Cruz’s 30.64% was actually a tiny bit behind Jimmy Blacklock’s 30.66%, though several other Republicans failed to get to 30% in their three-way races.

Latino Dems, and candidates for statewide judicial positions, were generally the high scorers. Looking at the numbers, I agree with the basic premise that Beto could have done better in South Texas than he did in 2018, and he will need to do better than Joe Biden did in 2020. The new SOS elections result website is trash and doesn’t give you a county-by-county view like it did before, so I went and found the Hidalgo County Elections page, which informed me that Biden got 58.04% in 2020, with Elizabeth Frizell being the high scorer at 61.51%; yes, another judicial candidate.

One could also point out, of course, that Biden came closer to winning Texas than Clinton did, despite doing worse in South Texas. Beto himself came as close as he did mostly by making huge gains in urban and suburban counties – to pick one example, he got 46.53% in Collin County, losing it by 22K votes, after Clinton got 38.91% and lost if by 61K votes. Beto did net 12K fewer votes in Hidalgo than Clinton did (Biden netted 32K fewer than Clinton), and he lost another 10K in Cameron County – that does add up in such a close race, though it wouldn’t have been enough to fully close the gap he still had. Ideally, he’d do better in South Texas and in the big urban and suburban counties. At least we all feel confident he’ll do the work.

The Ike Dike is still a work in progress

I’ll be honest, I thought we were further along than this.

Members of Texas’ congressional delegation are gearing up for a “marathon” effort to secure funding for a long-sought barrier to protect the Texas Gulf Coast from catastrophic storm surge.

That’s because it’s unlikely much, if any, of the resiliency funding in the $1 trillion infrastructure bill that President Joe Biden signed into law this month will go toward the $29 billion project.

The effort will begin in earnest next year, when Texans in both chambers will push to include federal authorization for the so-called “Ike Dike” in a massive water resources bill that Congress passes every two years. But members of the delegation are bracing for what will likely be a long, difficult push for as much as $18 billion in federal funding.

“This is going to develop over a number of years,” U.S. Sen. John Cornyn, a Republican, told Hearst Newspapers. “This is going to be a marathon.”

Cornyn said he doesn’t anticipate trouble getting the federal OK for the project in the 2022 Water Resources Development Act, a biennial, typically bipartisan bill that helps pay for flood mitigation infrastructure across the country.

But the water bill typically doesn’t pass Congress until fall or winter, and it isn’t expected to include funding for the coastal spine.

“That’s going to be a heavy lift because, unfortunately, it’s easier to get money after a natural disaster than it is to prevent one,” Cornyn said.

[…]

The U.S. Office of Management and Budget is preparing to present the project to Congress for authorization and appropriations, said Lynda Yezzi, a spokeswoman for the Army Corps.

Members of the Texas delegation earlier this year had hoped to get a jump on funding as they pushed to include a dedicated stream of money for coastal resiliency measures like the Ike Dike in the infrastructure bill.

“Now is the time to be innovative and strategic and to spend our resources preparing, in partnership with our local stakeholders and capable federal partners,” Texas members of Congress led by U.S. Rep. Lizzie Fletcher, a Houston Democrat, wrote to leaders of the House Transportation and Infrastructure Committee in May.

That didn’t happen. Instead the package included funding for $47 billion for a wide range of resiliency projects, including coastal projects, but also to help brace against flooding, droughts and wildfires and bolster cybersecurity.

The bill also included about $9.6 billion in funding for the Army Corps, which is overseeing the project. But the Army Corps has a deep backlog that currently includes more than $100 billion worth of work.

“This is why we need to continue to advocate for more opportunities,” Fletcher said in an interview with Hearst Newspapers.

Fletcher said the resiliency funding in the $1 trillion infrastructure package — some of which is targeted to states that have been affected by federally declared disasters, including Texas — is a “good start.” But she said the delegation needs to continue to push for a dedicated funding stream for coastal resiliency projects.

Looking at my last post, I see that we were just at the “presentation of the finalized plan” part of the process, and that getting funding was next. Which is where we are, and at least there appears to be a pathway from here. But we’re still years out from any reasonable expectation that construction will begin, and that’s an awful lot of risk to bear in the meantime. Sure hope our luck holds out.

A brief filing update

Just a few observations as we head out of the holiday season and into what I expect will be the busier part of the filing period. I’m using the Patrick Svitek spreadsheet, the SOS candidate filing resource, and the candidate filing info at the harrisvotes.com site for my notes.

– There’s now a fourth candidate listed for Attorney General on the Dem side, someone named Mike Fields, who along with Joe Jaworski has officially filed as of today. I can’t find anything to clarify this person’s identity – there’s no address listed on the SOS page, and Google mostly returned info about the former County Court judge who is now serving as a retired judge and who last ran for office as a Republican. I seriously doubt this is the Mike Fields who is running for AG as a Dem. I know nothing more than that.

– No Dems yet for Comptroller or Ag Commissioner, though I saw a brief mention somewhere (which I now can’t find) of a prospective Dem for the former. I feel reasonably confident there will be candidates for these offices, though how viable they are remains to be seen.

– Nothing terribly interesting on the Congressional front yet. A couple of Dems have filed for the open and tough-to-hold CD15; I don’t know anything about them. State Rep. Jasmine Crockett, in her first term in the Lege, will run for CD30, the seat being vacated by the retiring Rep. Eddie Bernice Johnson, who has endorsed Crockett for the primary. That race will surely draw a crowd, but having EBJ in her corner will surely help. No incumbents have yet drawn any primary challenges, though Reps. Vicente Gonzalez (now running in CD34) and Lloyd Doggett (now running in CD37) will have company for their new spots. I am not aware of any Dem yet for the new CD38, which should be Republican at least in the short term but which stands as the biggest prize available for Harris County Democrats.

Michelle Palmer has re-upped for SBOE6, which will be a tougher race this time around. I’m working on a post about the electoral trends for the new SBOE map.

– Sara Stapleton-Barrera and Morgan LaMantia have filed for the open SD27 Senate seat; Rep. Alex Dominguez has not yet filed. Nothing else of interest there.

– For the State House, I’m going to focus on area districts:

HD26 – Former SBOE member Lawrence Allen Jr, who ran in the 2020 primary for this seat, has filed.

HD28 – Eliz Markowitz still has an active campaign website and Facebook page, but I don’t see anything on either to indicate that she’s running again. One person who is running though he hasn’t filed yet is Nelvin Adriatico, who ran for Houston City Council District J in 2019.

HD76 – The spreadsheet lists four candidates so far. Two ran in 2020, Sarah DeMerchant (the 2020 nominee) and Suleman Lalani (who lost to DeMerchant in the primary runoff). Two are new, Vanesia Johnson and James Burnett. This new-to-Fort-Bend district went 61-38 for Joe Biden in 2020, so the primary winner will be heavily favored in November.

HD132 – Chase West has filed. He’s not from the traditional candidate mold, which should make for an interesting campaign. This district was made more Republican and is not the top local pickup opportunity, but it’s on the radar.

HD138 – Stephanie Morales has filed. This is the top local pickup opportunity – the Presidential numbers are closer in HD133, which does not yet have a candidate that I’m aware of, but it’s more Republican downballot.

HD142 – Jerry Davis is listed on the Svitek spreadsheet as a challenger to Rep. Harold Dutton. He hasn’t filed yet, and I don’t see any campaign presence on the web yet. That’s all I know.

HD147 – I am aware of a couple of candidates so far to fill the seat left vacant by Rep. Garnet Coleman’s retirement. Nam Subramaniam has filed. HCC Trustee Reagan Flowers sent out a press release over the weekend stating her intention to run. I would expect there to be more contenders for this open seat.

– For Harris County offices, there are already some people campaigning as challengers to incumbents. Carla Wyatt is running for Treasurer, Desiree Broadnax is running for District Clerk. On the Republican side, former District Clerk Chris Daniel has filed for his old office, and someone named Kyle Scott has filed for Treasurer. There are no Democratic challengers that I can see yet for County Clerk or County Judge, though there are a couple of Republicans for County Judge, Vidal Martinez and Alexandra Mealer. Finally, there’s a fourth name out there for County Commissioner in Precinct 4, Jeff Stauber, who last ran for Commissioner in Precinct 2 in 2018 and for Sheriff in 2016, falling short in the primary both times.

So that’s what I know at this time. Feel free to add what you know in the comments. I’ll post more updates as I get them.

Redistricting litigation update

Reform Austin shows that the state’s legal defense strategy against the various redistricting lawsuits is “You can’t sue us!”

Because of the clear racial gerrymandering, multiple groups are launching legal challenges under the Voting Rights Act. The state has now responded to the one being brought by the League of United Latin American Citizens (LULAC), Mi Familia Vota, the Mexican American Bar Association, and others, asking for a dismissal. Among many other claims, the state alleges that private citizens do not have standing to sue under Section 2 of the Voting Rights Act.

“The Supreme Court has never decided whether Section 2 contains an implied private cause of action,” reads the filing.

Section 2 of the Voting Rights Act makes it illegal to gerrymander a district for the purpose of suppressing voting power based on race. Strictly political gerrymandering was deemed acceptable in a 2019 Supreme Court case, but the two intentions are often intermingled. The majority of minorities tend to vote Democrat, making any political gerrymandering also racial almost by definition.

The filing by the state does admit that some legal opinions have implied that Section 2 does give private citizens standing to sue but says that these implications are inconsistent with other Supreme Court decisions. The case specifically cited is Alexander vs. Sandoval, which found that regulations enacted under the Civil Rights Act of 1964 did not confer the right to legal action in a case of non-intentional discrimination. The filing also claims that the Voting Rights Act did not actually create a right to vote in spite of the discrimination, and therefor there is no right to be contested under its statute.

Not a whole lot to say here, as Texas has employed a variation on that strategy in a whole host of lawsuit defenses lately. I don’t know what the district and appeals courts will make of that, but I wouldn’t be surprised to see it get a warm welcome at SCOTUS. Hey, have I mentioned lately that a new and updated federal voting rights law would be a good idea? Just checking.

Reading that article made me go Google news hunting for anything else I could find on redistricting litigation, since not all developments make their way into the sources I read regularly. In doing so I found that all but one of the existing federal cases against the redistricting maps have been consolidated into one, the LULAC v Texas case, as it was the first one filed. You can see all of the filings related to this omnibus case here. When I read the order combining the cases, the motion for which had been partially opposed, I learned that there were two other lawsuits that I had missed the first time around. Let me sum up here. The cases that I knew about that are now under this banner: The LULAC/MALDEF suit, the Voto Latino suit, the federal MALC suit, the Senator Powell lawsuit over SD10, and the Fair Maps Texas Action Committee lawsuit.

The cases that I missed the first time around: The Lawyers’ Committee for Civil Rights Under Law, representing the Texas State Conference of the NAACP, and Damon James Wilson, formerly an inmate in Dallas County, representing himself as he was counted in one Congressional district while incarcerated but intends to return to his actual domicile in another CD when released, and says he should have been counted in that district.

The one federal case that remains separate from the others is the Gutierrez/Eckhardt suit, which the court rejected for consolidation on the grounds that about whether the Lege was allowed to draw maps at all, and not about the composition of the new maps.

So, for those of you keeping score at home, we now have two federal lawsuits challenging different aspects of Texas redistricting, and one state lawsuit that focuses on the county line rule and how it was allegedly violated in Cameron County in the drawing on HDs 35 and 37. You’ll be quizzed on this at a later date, so please make sure you take good notes.

Fraudit funding

It’s bullshit all the way down.

GOP leaders on Friday approved shifting $4 million in emergency funds for the Texas secretary of state’s office to create an “Election Audit Division” at the agency, which will spearhead county election audits as required by the state’s new election law set to take effect next month.

The additional funding, first reported by The Dallas Morning News, was requested by Gov. Greg Abbott earlier this week and approved by Lt. Gov. Dan Patrick, House Speaker Dade Phelan and the Republican budget-writers of the two chambers, state Sen. Jane Nelson, R-Flower Mound, and state Rep. Greg Bonnen, R-Friendswood.

In a Nov. 18 letter to Patrick and Phelan, Abbott said the emergency shift in money — which is coming from the Texas Department of Criminal Justice — was necessary because the secretary of state’s office “does not currently have the budget authority to adequately accomplish the goals sought by the Legislature.”

Friday’s news comes as the secretary of state’s office has a “full forensic audit” of the 2020 election underway in four of Texas’ largest counties: Dallas, Harris, Tarrant and Collin.

It also comes after the GOP-controlled Legislature passed a new election law this summer that further tightens the state’s election rules with a host of changes, such as a ban on drive-thru voting and new rules for voting by mail.

The new law, which is facing legal challenges, also requires the secretary of state’s office to select four counties at random after each November election and to audit all elections that happened in those counties in the prior two years. Two of the counties that undergo the audit must have a population of more than 300,000, while the other two must have a population lower than that.

In a statement later Friday, the secretary of state’s office referenced both its 2020 audit and future audits required under the new state law, saying that the latest funds would be used for “additional staff to oversee audit activities,” such as “verifying counties’ removal of ineligible voters from the rolls … and ensuring compliance with state and federal election laws.”

See here, here, and here for the background. Just a reminder, most of the counties with 300K or more people were carried by Joe Biden, while the large majority of counties with less than 300K were won by Trump. This particular division is less egregious than what Republicans originally wanted, but it’s still designed to put more scrutiny on Democratic counties. Who wants to bet that most of the “problems” they find are in exactly those counties? The Chron has more.

In the meantime, our new not-to-be-trusted Secretary of State is out there promoting the fraudit with the idea that it’s the only way to “restore voters’ confidence in the strength and resilience of our election systems”. Let me stop you right there, pal: The reason some people have lost faith in the election system is because the guy who lost the last election has been vocally and repeatedly lying about it being “stolen” from him, and demanding that his minions conduct these fraudits for the express purpose of sowing fear, uncertainty, and doubt. He continues to tell the same lies, which are eagerly believed by his rabid followers, despite losing every lawsuit filed and the Arizona fraudit finding exactly nothing and all of his lies being repeatedly debunked. Why should the rest of us have any faith in an audit being done by people who fraudulently claim there is fraud?

Rep. Alex Dominguez to run for SD27

Another contender for Eddie Lucio’s soon-to-be-former seat.

Rep. Alex Dominguez

State Rep. Alex Dominguez is running for Texas Senate, hoping to succeed retiring Sen. Eddie Lucio Jr., a fellow Brownsville Democrat, in a race filled with implications for Texas Democrats and the Rio Grande Valley.

“I think that our office is perfectly situated to take on the next generation of leading South Texas and” Senate District 27, Dominguez said in an interview with The Texas Tribune.

Dominguez said his platform would center on improving health care access, workforce training and infrastructure. And he made clear he would run on his experience as a two-term House member and former Cameron County commissioner, noting Lucio also had that resume before getting elected to the Senate.

Lucio announced earlier this month that he was retiring after serving three decades in the upper chamber. He become well known for breaking with his party on some major issues — most notably abortion — and the race to fill his seat is set to test voters’ appetites for continuing his legacy.

Already, the primary challenger who forced Lucio into a runoff last year, Sara Stapleton Barrera, has announced she is running for the open seat.

Dominguez said he wanted to continue Lucio’s legacy of focusing on the Valley’s educational needs. But he suggested he would be different from Lucio in at least a couple ways, including on abortion.

“I think people know that we come from two different generations,” Dominguez said. “I’m a great deal more inclined to to let women make educated decisions about their own bodies and, more importantly, allow that personal responsibility and decision to lie in their hands and remove government meddling when it’s not necessary.”

Lucio is a devout Catholic, and Dominguez noted he grew up as Catholic but said he does not believe it is the the job of policymakers to “use that religion to influence other people’s views.”

Dominguez also pointed out that he and Lucio had different approaches to the battle earlier this year over the GOP’s priority elections bill. Dominguez was among the dozens of House Democrats who fled to Washington, D.C., in protest of the legislation, and while Lucio voted against it, he declined to join most other Senate Democrats when they briefly visited the nation’s capital to support their House colleagues.

“The difference is I’m willing to bring the energy needed to do what we have to do as Democrats to preserve the rights of all Texans,” Dominguez said.

[…]

Dominguez currently represents House District 37, which he was drawn out of during redistricting and which is now a new battleground district in the Valley. Dominguez previously considered a run for the 34th Congressional District, where U.S. Rep. Filemon Vela, D-Brownsville, is retiring. However, those deliberations were complicated by the decision by U.S. Rep. Vicente Gonzalez, D-McAllen, to seek reelection in the 34th District rather than his current district, which was redrawn to be more favorable to the GOP.

See here for the background. It would be hard not to be better than Lucio on a range of issues. The one downside to Rep. Dominguez running in SD27 is that he won’t be running in HD37, which was made considerably less blue in redistricting, and will be a tough hold as an open seat. Perhaps the MALC lawsuit in state court, which challenged the way the county line rule was broken to redraw HD37, will help with that. In any event, this will be a marquee race for Dems in March. The Texas Signal has more.

Sen. Whitmire will run for Mayor in 2023

Big announcement.

Sen. John Whitmire

State Sen. John Whitmire, the longest serving member of the Texas Senate, told supporters at a campaign rally Wednesday that he intends to run for mayor of Houston in 2023.

“I’m no longer considering it, we’re not asking people, we’re running for mayor and we intend to win,” Whitmire told supporters in a video later posted to Twitter by journalist Jose de Jesus Ortiz. “We’re planning to win with your help.”

Whitmire long has been rumored to be interested in the seat, but the remarks make him the first candidate to publicly declare he is running for the office to succeed Mayor Sylvester Turner.

He intends to run for re-election to the Senate in 2022, serve in the 2023 legislative session, and then run for mayor in the November 2023 municipal election.

Whitmire told the Chronicle Thursday he is focused on the Senate for now.

“I shared with supporters my plans for future,” Whitmire said. “There will be official public announcement at future date… But it’s no secret I plan to run for mayor.”

[…]

Whitmire, a Democrat, has represented Houston in the Texas Legislature since 1973, first as a state representative and then in the Senate beginning in 1983.

He has an $11 million campaign war chest, which alone would make him a formidable candidate in a city election. No city official currently has more than Turner’s $522,058 in the bank.

I at least became aware of those rumors back in May. I will just say that Sen. Whitmire’s proposed schedule for 2022 and 2023 sounds awfully busy, and may or may not be practical depending on what other candidates do. There are a number of other potential candidates out there, and I will be interested to see how they react. Whitmire will be a formidable contender, but we’re a long way off from November of 2023. As I usually say in these instances, let’s get through the next elections first. Campos, who knew this was coming, and the ,Trib have more.

ACLU and others sue over new redistricting maps

The count is now seven.

Civil rights groups filed a federal lawsuit Tuesday challenging new Texas state legislative and congressional district plans as unconstitutional racial gerrymanders violating both the Voting Rights Act and the U.S. Constitution. The suit details an inadequate redistricting process that lacked transparency and led to discriminatory voting maps that dilute the political power of communities of color, particularly Black, Latino, and Asian American & Pacific Islander (AAPI) voters.

The Southern Coalition for Social Justice (SCSJ), the American Civil Liberties Union (ACLU) of Texas, and the Asian American Legal Defense and Education Fund (AALDEF), brought the case on behalf of the Fair Maps Texas Action Committee, OCA-Greater Houston, the North Texas Chapter of the Asian Pacific Islander Americans Public Affairs Association, Emgage and 13 individual plaintiffs in the United States District Court for the Western District of Texas, Austin Division.

“Texas’ latest gerrymanders seek to blunt the rightful political power of fast-growing populations of Latino, Black and Asian American and Pacific Islanders voters by carving up the chance to elect their preferred candidates to the United States Congress, the Texas House of Representatives, and the Texas Senate,” Allison Riggs, Co-Executive Director and Chief Counsel for Voting Rights with SCSJ. “This intentional discrimination of voters of color in clear violation of the VRA and U.S. Constitution cannot stand.”

The Fair Maps Texas Action Committee includes the ACLU of Texas, Clean Elections Texas, League of Women Voters of Texas, Our Vote Texas, National Council of Jewish Women-Greater Dallas Section, Texans Against Gerrymandering, and Common Cause Texas.

“Today, the Fair Maps Texas Action Committee is honored to join our partners from across the state to challenge the unconstitutional district maps recently passed by the State of Texas. Lawmakers have willfully ignored the rich diversity of our growing state and have instead chosen to draw maps that discriminate against voters of color,” said organizations from the Fair Maps Texas Action Committee in a joint statement today. “From the very start of this legislative process, we worked to bring diverse people together so that all marginalized communities receive fair representation. Despite our best efforts to advocate for a fair and open redistricting process, the politicians in charge chose to shut the public out in order to force through blatantly gerrymandered maps. Now, we will take action together to challenge these unlawful maps because our democracy is threatened.”

[…]

The complaint specifically seeks to remedy discriminatory districts in many of Texas’ fastest-growing cities and suburban areas, where the political power of communities of color is exploited to the benefit of more conservative white areas. For example, the lawsuit identifies how Texas’ state House maps unfairly crack AAPI voters in Fort Bend and Collin counties among multiple districts, while House Districts 54 and 55 in Bell County brazenly split the city of Killeen, where 40% of residents are Black. The complaint also focuses on state Senate and congressional maps where new districts in the Dallas-Fort Worth and Houston metros intentionally divide AAPI, Black, and Latino voters. The suit also points out that Texas’ congressional maps create two new majority-white districts in a state where 95% of population growth stems from communities of color.

That’s from the ACLU press release. I’d gotten an email with a notice of the video conference they had about this on Tuesday, but as of Wednesday the only news story I saw about this was this one in Newsweek. Sometimes these things take a couple of days for that. Anyway, you can see a copy of the complaint here. It is limited to Congress and the two legislative chambers, so no claims about the SBOE.

The other litigation so far includes the Gutierrez/Eckhardt suit, the LULAC/MALDEF suit, the Voto Latino suit, the two MALC suits, and most recently the Senator Powell lawsuit over SD10. All but one of the MALC lawsuits, which is specifically about State House districts in Cameron County and alleges a violation of the county rule, are in federal court. I believe this is the first one to include a focus on Asian-American voters, but I’d have to go back and take a closer look at the other complaints. Beyond that, I would be really excited to have an attorney who has some familiarity with the law in this area take a look at all these actions and tell me how they are different and whether any of it matters as far as the courts are concerned. Until then, this is what we know. Reform Austin, which also rounds up all the lawsuits, has more.

Joy Diaz

A bit of “potential candidate” news is tucked into this story about the current state of the Democratic statewide slate.

Joy Diaz

If Democrats had a mantra, it would probably be something like “diversity and inclusion.”

So it’s kind of strange that since jockeying in Texas began for positions on the party’s 2022 statewide ballot, nearly all of the focus has been on white men. You might argue that there’s some diversity within that group: One of the white guys is in his late 40s, one is in his late 50s, and two recently crossed into their 60s.

For the record, we’re talking about Beto O’Rourke, who’s 49 and expected to someday officially announce he’s running for governor; 59-year-old Joe Jaworski, a former mayor of Galveston who’s running for attorney general; and the two 60-year-olds, Mike Collier, who wants a rematch with Lt. Gov. Dan Patrick, and Matthew Dowd, the Democrat-turned-Republican-turned-Democrat who also wants to take on Patrick.

[…]

But a more diverse statewide field appears to be shaping up on the Democratic side. On Monday, Brownsville lawyer Rochelle Garza dropped plans to seek an open South Texas congressional seat that was redrawn to give Republicans an edge and announced she was joining the race for attorney general. Dallas civil rights lawyer Lee Merritt, who is Black, has been running a low-key race for AG since July. Merritt has not been chasing headlines, but he has assembled a somewhat impressive list of small donors to his campaign.

And on Wednesday, a newcomer teased out vague plans about entering the political arena. Broadcast journalist Joy Diaz, who since 2005 has covered politics and public policy for Austin’s public radio station, said she could no longer mask her biases while “covering the issues of race and inequality.”

In a story posted on her station’s website, Diaz said she plans to run for office. She didn’t say which office, but a handful of Democratic operatives said she’s been putting out feelers for a possible run for governor.

If that holds, it would pit her against O’Rourke — assuming he runs — and certainly test his strength both among Hispanic Democrats and across the party’s base. In the 2018 Democratic primary for U.S. Senate, before he transformed into the money-raising machine he would become in the general election contest against Ted Cruz, O’Rourke vastly underperformed in several heavily Hispanic border counties against little-known opponent Sema Hernandez.

Statewide, O’Rourke’s margin of victory in the primary was a bit better than 60-40, which might be considered modest for someone who at the time was a three-term congressman running against a political novice.

Here’s the story. Hard to say much more until such time as she gets more specific, but if she does run for something then I welcome her presence. I will also welcome Beto’s presence when he finally makes it official.

I’d like to address the last two paragraphs as well, since Beto’s performance in the 2018 primary has been a regular talking point even though he did just fine in all those counties in the general election when it really counted. Did you know that in the 2018 Republican primary, George P. Bush and Sid Miller, both incumbents running for re-election, did worse than Beto in their own primaries? Miller got 55.65% against two no-name candidates (well, okay, one was Internet legend Jim Hogan, the 2014 Democratic nominee for Ag Commissioner), while Bush got 58.22% against three candidates, two no-names and former Land Commissioner Jerry Patterson. Beto got 61.81% in a three-way race that included Sema Hernandez. That was his first statewide run, while again those guys were incumbents. Somehow, that never gets mentioned, possibly because the “Anglo Dem underperformed against a no-name Hispanic in South Texas” angle is always sexy.

Also, since this story also mentions a couple of non-Anglo Republicans running for Attorney General (P Bush and Eva Guzman) and Ag Commissioner (James White), I’ll note that if you go farther down the Dem ticket there’s more diversity as well. Austin attorney and community organizer Jinny Suh announced her candidacy for Land Commissioner back in September. We’re still a few days out from the start of filing season, and I fully expect there will be plenty more candidates that we’re not currently talking about to make themselves known.

Sen. Powell sues over SD10

Number six and counting.

Sen. Beverly Powell

Tarrant County state Sen. Beverly Powell filed a federal lawsuit Wednesday against the state Senate redistricting plan, marking the latest court challenge to Texas’ Republican-drawn political maps that secure the GOP’s grip on power for the next decade but blunt the voting strength of nonwhite voters who fueled the state’s population surge.

The legal team for Powell and six other Tarrant County citizens argued the Texas Senate redraw dilutes minority voting strength in the Democrat’s district, in violation of the federal Voting Rights Act and U.S. Constitution, according to the suit filed in federal court in Austin.

The Senate’s redistricting plan dramatically transforms Powell’s Senate District 10 into a district favorable for a Republican candidate by moving much of the nonwhite population into a large swath of rural areas, including Parker and Johnson counties. Others are packed into the nearby Senate District 23 represented by Dallas Democrat Royce West.

“The adopted Senate map is a brutal attack on Tarrant County voters,” Powell said in a news release. “The map cracks historic Tarrant County minority neighborhoods and submerges hundreds of thousands of Tarrant County voters into rural counties and suburban districts. It is an intentional racially discriminatory scheme to undermine and destroy the voting rights of those I am elected to serve.”

[…]

The previous iteration of Senate District 10 was drawn by courts after a judge found it in violation of the Voting Rights Act of 1965.

The GOP-led redistricting effort this year put in place a district that changed District 10 from a Fort Worth-centric district inside Tarrant County to a sprawling district that increased in geographic size by at least tenfold.

It previously favored President Joe Biden by eight points, according to election returns. But the redrawn district would have gone for Republican Donald Trump by 16 points, a 24-point swing that likely dooms Powell’s hopes for re-election.

The remap shrinks the share of Hispanic, Black and Asian eligible voters in District 10 while increasing the share of white eligible voters, from 54% to 62%.

The plaintiffs’ attorneys asked the federal court to block the map, with respect to Powell’s district, from being used in any elections and to set in motion a plan for new boundaries. The suit names Gov. Greg Abbott and newly appointed Texas Secretary of State John Scott as defendants.

You can see a copy of the lawsuit here. The other litigation so far includes the Gutierrez/Eckhardt suit, the LULAC/MALDEF suit, the Voto Latino suit, and the two MALC suits. As a reminder, the current map with SD10 entirely in Tarrant County can be seen here, and the new map with SD10 sprawling out into multiple rural counties can be seen here. The question for the short term is whether one or more of these plaintiffs can get a temporary restraining order against one or more maps, thus potentially delaying the primaries. I don’t think that is likely to happen – there may be a TRO, but I would expect it to be stayed by the appeals court – but we’ll see. A press release from the Lone Star Project is here, and the Star-Telegram has more.

Sen. Eddie Lucio will retire

Can’t say I’ll miss him.

Sen. Eddie Lucio

State Sen. Eddie Lucio Jr., D-Brownsville, announced Thursday that he is not seeking reelection after three decades in the upper chamber.

He made the announcement during a news conference in Harlingen, saying he was retiring “because a lot of wonderful things are yet to come in my life.” He said he wanted to spend more time with family “and to do some of the things that I’ve been wanting to do like my own personal ministry to help the less fortunate in our community.”

“I want to continue to fight for what’s right in our community for our families,” Lucio said.

Lucio’s decision comes as a surprise — earlier this year he announced he was running for reelection, and his office confirmed that remained his plan during the redistricting process this fall.

Lucio, vice chair of the Senate Education and Finance committees, has served in the Senate since 1991, making him the third most senior member. He became known as a stalwart advocate for the needs of the Rio Grande Valley — and for breaking with his party on some major issues, making him easily the most moderate Democrat in the Senate.

Lucio opposes abortion and voted in support of Texas’ new abortion restriction law that went into effect in September. He supports school choice, putting him at odds with fellow Democrats who believe it harms public schools. And he infuriated the LGBTQ community in 2017 when he voted for the “bathroom bill” that would have restricted transgender Texans’ access to certain public facilities.

Lucio’s independence has endeared him to GOP Lt. Gov. Dan Patrick, who regularly compliments him and has even campaigned for him.

[…]

As a senator, Lucio faced his first real primary opposition in a while in 2020 and got forced into a runoff, which he won by a comfortable margin. Lucio was facing the prospect of another competitive primary next year, with state Rep. Alex Dominguez, D-Brownsville, exploring a run for the seat in Senate District 27.

Redistricting made SD-27 less safe for Democrats, changing it from a district that President Joe Biden won by 16 percentage points to one he would have carried by 6 points.

I noted the potential Dominguez candidacy a couple of days ago. Reform Austin, going by a story on the Quorum Report, mentions a couple of other potential candidates:

First is Morgan LaMantia, an attorney and daughter of Steve and Linda LaMantia, who has been making calls about a bid. Because of her family’s decades-long roots in the Rio-Grande Valley and her ability to self-finance a campaign, an observer told Braddock she could clear the field of any opposition. Also considering would be Sara Stapleton-Barrera, who previously challenged Lucio in the Democratic primary and took him to a runoff in 2020. Lastly, there is state Rep. Alex Dominguez (D-Brownsville), who has been mulling a congressional bid but may also seek Lucio’s seat. On Wednesday, he sent out an email to supporters attacking Sen. Lucio as a tool of Republicans.

Morgan LaMantia is an attorney in McAllen. I don’t know anything else about her. I doubt anyone can truly clear the field, but it may well be that one person can dominate the finance reports. We’ll see about that.

As for the redrawn SD27, Biden actually carried it by 4.7 points in 2020, easily making SD27 the closest Senate district on either side. That said, it was a little bluer in other races – Chrysta Castaneda won it by ten points, and the Democratic statewide judicial candidates won it by a range of six to 11 points. As we have discussed elsewhere, this is a district that moved towards Republicans in 2020, and who knows what 2022 and beyond will bring. Lucio’s retirement will surely make this an attractive target for the Republicans.

I’m not going to miss Eddie Lucio. He’s been a pain in the rear for a long time. I expect there to be a big field to try to succeed him. I’ll be keeping an eye on it.

A redistricting lawsuit twofer from MALC

One federal, one state.

The Mexican American Legislative Caucus in the Texas House has opened a second front in the legal war over the state’s new political maps.

The caucus on Wednesday turned to the state courts to challenge the constitutionality of the new state House map, arguing it violates state requirements for breaking county lines in drawing up the chamber’s 150 districts. The move comes on the heels of two lawsuits filed against the newly approved maps in federal court. The caucus on Wednesday simultaneously filed another federal lawsuit alleging the state’s new maps were drawn with discriminatory intent and violate the federal Voting Rights Act.

Texas redistricting fights have typically played out in federal courts, which decade after decade have found that lawmakers, often intentionally, flouted federal protections for voters of color in redistricting. Filed in Austin, MALC framed its federal lawsuit as an effort to “redress once again Texas’s sordid pattern of racial discrimination.”

However, the lawsuit filed in state district court in Travis County is tied to language in the state Constitution, which states that legislators drawing 150 districts for the Texas House are supposed to keep whole counties that have sufficient population to make up one House district.

MALC’s challenge centers on the reconfiguration of Cameron County in the Rio Grande Valley, which breaks the county line twice to create three different districts — only one of which is wholly contained within the county. The state’s “county line rule,” MALC argues, would require two districts to be drawn within Cameron with the remaining population connected to a single neighboring district, as was the case under the map the state used for the last decade.

The new lines in Cameron, drawn over the objections of lawmakers who represent the affected areas, would afford Republicans a newly competitive state House seat in an area currently dominated by Democrats. In its federal lawsuit, MALC alleges the lines would also “severely dilute” the ability of Latinos and the Spanish-speaking community in the area to elect their preferred candidates.

The swap and the objections to it are noted in this post. This is the first state court lawsuit against the redistricting effort, though the Gutierrez/Eckhardt suit will find its way there as well. The claim seems pretty straightforward. According to the population report for the State House map, HD37 has 164K voters in Cameron County and 20K in Willacy, while HD35 has 70K in Cameron and 123K in Hidalgo. All 186K voters in HD35 are in Cameron. The suit claims that according to the county rule in the state constitution, HD37 should be entirely within Cameron County, and those Willacy County voters would need to be swapped out, presumably to HD35 where about 20K of its voters would have to be in HD37. Here’s a quote from the lawsuit:

A key principle in both the plain language of the Texas Constitution itself and the Texas Supreme Court’s interpretation of the county line rule in light of Reynolds, is that for any county which has enough population for one or more representatives and also has a left-over surplus that cannot be wholly contained in the county, that surplus may only be joined in one single representative district with area from another contiguous county or counties.

Emphasis mine. I will note that HDs 35 (57-42 for Biden in 2020 and 38 (62-37 Biden) are reasonably Dem-friendly, while HD37 (51-48 Biden) is less so. Now, Willacy County was roughly 56-44 for Biden, so how Dem-friendly the HD35 portion of Cameron County is makes a difference here. I have to assume it’s better for Dems than the Willacy portion is, because otherwise the Republicans wouldn’t have bothered. Maybe they could still squeeze HD37 in a favorable way for themselves if it had to be entirely within Cameron, but in the end they didn’t. So this could be a difference maker, if the plaintiffs win.

On the federal side:

In its federal lawsuit, MALC challenges the new maps for Congress, the Texas House and the State Board of Education, saying they are intentionally discriminatory and mired in illegal racial gerrymanders. The caucus also raises specific claims on a litany of districts where they allege the Legislature packed and cracked communities of color to limit their electoral impact.

“The plans adopted by the State not only failed to increase Latino and minority opportunities for representation, they actually decreased them while increasing the number of districts in which Anglos form a majority of the eligible voter population,” the MALC complaint reads. “This turns the concept of representative democracy on its head.”

Echoing the two federal lawsuits already in the pipeline, MALC is also challenging the Legislature’s refusal to create additional districts in which Hispanic voters would control elections. Republicans, who had complete control over the redistricting process this year, declined to create those districts even as they reconfigured the congressional map to include the two additional U.S. House seats the state gained, the most of any state in this year’s reapportionment, because of its explosive growth.

See here and here for the other federal lawsuits. I don’t know what new MALC is bringing to the table, and as discussed I don’t have much faith in the federal courts on this matter, but I welcome all comers. The Statesman has more.

A brief update on the Gutierrez/Eckhardt redistricting lawsuit

First news we’ve had in awhile.

Plaintiff: Democratic state Sens. Roland Gutierrez and Sarah Eckhardt

What the lawsuit argues: Ahead of lawmakers’ third special session, two Democratic state senators sued to block the Legislature from redistricting in a special session this year. The senators argued the Texas Constitution requires that redistricting be done in a regular session that won’t happen until 2023.

If successful, the federal lawsuit by Sens. Eckhardt of Austin and Gutierrez of San Antonio, with political organization Tejano Democrats, would require judges to create interim redistricting plans for the Legislature to use in the 2022 election cycle.

What’s next: The case, filed Sept. 1 in federal court in Austin, has been assigned to a three-judge panel of Reagan appointee Jerry Smith, Obama appointee Robert Pitman and Trump appointee Jeffrey Brown.

State lawyers have asked the court to consolidate the LULAC case with the senators’ case, and asked the court to abstain from a state matter. The officials also argued the plaintiffs misinterpreted the state constitution and cannot challenge the old maps.

On Tuesday, both sides indicated that the plaintiffs intend to pursue similar claims in state court. The three-judge panel then ordered the parties to file a joint status report “when they have determined the impact of the litigation in state court on this case.”

See here for the background on this lawsuit. The LULAC case is the one filed in mid-October after the maps were passed but before they were signed into law, with LULAC and several other groups as plaintiffs, and with MALDEF doing the filing. That lawsuit challenged all of the maps, including the Congressional map – the Gutierrez/Eckhardt lawsuit only challenged the legislative maps, as they are the ones that are covered by the state constitution.

What this sounds like to me is that the two Senators will file a new lawsuit in a state court, and action on the federal side will be put on pause until there is some kind of ruling there, at which point the three-judge panel will consider what its next steps are. I’ll keep an eye out for any news about that filing.

On a side note, this story also had a brief update about the Voto Latino lawsuit. That one was also assigned to a three-judge panel, and it too had an Obama appointee, a Trump appointee…and Jerry Smith. Who was involved in (I believe) the consolidated redistricting cases from the last decade. Do they keep him on ice just for these situations, or is is the luck of the draw? I am mystified. Reform Austin has more.

There is no reason to trust John Scott

He deserves zero benefit of the doubt.

Texas’ new secretary of state says he wants to “restore confidence” in the state’s elections, despite a background that includes helping former President Donald Trump challenge the 2020 presidential election results in Pennsylvania.

In an interview Thursday, John Scott said there’s no question that Joe Biden is the president and he has “not seen anything” to suggest the election was stolen, as Trump has falsely claimed. There has been no evidence of widespread voter fraud last year in Texas or nationwide.

But Scott stopped short of agreeing with a deputy under his predecessor who called the 2020 election in Texas “smooth and secure.” He did not want to get ahead of an election audit of four of Texas’ largest counties, which he called his top priority.

Scott said he got involved in the Trump election lawsuit because it centered on an “intriguing” legal issue — and that he bowed out days later because a federal appeals court ruling “killed” the case.

As for why Texans should trust him, Scott said he hopes they will give him a chance.

“I think proof’s in the pudding ultimately,” Scott said, speaking inside the secretary of state’s office at the Texas Capitol in Austin. “I think [Texans] should hope for somebody that only follows evidence and that is able to restore confidence amongst all voters.”

[…]

In declining to label the Texas election as “smooth and secure,” Scott said he was withholding judgment due to the audit.

“I don’t want to color our audit or the folks who are doing the audit, and make them think, ‘Well, the new secretary thinks we’ve gotta go find some fraud’ or ‘The new secretary thinks we can’t find fraud,’” Scott said. “I want them to look at the evidence or the facts and determine whether there was any evidence of that, and that’s really it.”

See here for the background, and read the rest because there’s a lot to it. To be as fair as I can be to someone who hasn’t earned any goodwill, he didn’t come off too badly, but he missed several easy opportunities to build a bridge and try to establish some level of rapport. He’s also a total novice at the elections management business, as he admits in the story, yet another reason to not have any faith in his selection. I don’t have any better way of putting it: He deserves no benefit of the doubt. The impetus is entirely on him to prove that he’s not a partisan hack who will gladly carry out Greg Abbott’s fondest wishes to put a thumb on the scale for Republicans going forward. The fact that he wasn’t actively twirling his mustache while tying Nell Fenwick to a railroad track as he was doing the interview is the lowest possible bar he could clear. He has a million miles to go from there.

The new maps are now official

Expect further lawsuits to follow.

Gov. Greg Abbott on Monday approved Texas’ new political maps for the state’s congressional, legislative and State Board of Education districts, according to Texas Legislature Online.

The maps were drawn to keep Texas Republicans in power for the next decade. They simultaneously diminish the power of voters of color — despite new census numbers pointing to Texans of color as the main force behind the state’s population growth.

The new districts will be used for the first time in next year’s primary and general elections, barring any court interventions.

The redistricting process, which happens every 10 years after new census data is released, is complicated and contentious. Legal battles have already begun, with one early lawsuit raising various claims that the new districts unfairly and illegally discriminate against voters of color. More legal challenges are expected to pop up in the near future.

That’s the main story; what follows is a listing of the stories for each milestone in the process during the last special session. The main points to take away here are that we’re going to have a regular March primary because there’s no reason not to, and there’s still time for a federal voting rights law to be passed. It would likely not have any immediate action, unless a plaintiff in the current or a future lawsuit could get a restraining order based on it, but it would make it easier to eventually get a map or maps thrown out in court. Would have been better in every conceivable way to have had such legislation in place two months ago, but here we are. There will be more lawsuits regardless, and we’ll see where they go and how long they take to get there. Reform Austin has more.

I think we are going to have a regular March primary

This happened in the second special session, after the Dems came back from Washington DC.

Senate Bill 13, from Senator Joan Huffman (R-Houston), has been sent to Governor Greg Abbott after being approved by the House and Senate this week.

The bill gives the Secretary of State the authority to change the dates of the primary election and any runoff election, along with related dates for candidate filings, depending on when a redistricting plan is finalized.

If the bill is signed into law, it would keep all current primary election and associated administrative dates the same, as long as a redistricting plan is completed by November 15th. This would set a primary date of March 1, 2022 and a runoff of May 24, 2022, with candidate filing taking place between November 29th and December 13th.

However, if a redistricting plan is not finished by November 15th, but is completed before December 28th, the primary election would be delayed to April 5, 2022 and the runoff would shift to June 21, 2022. Candidate filing would occur from January 10-24, 2022.

If the redistricting plan is not completed until after December 28th but before February 7, 2022, the primary would move to May 24, 2022, while the runoff would be pushed back to July 26, 2022. Candidates would be able to file between February 21 and March 7, 2022.

There was a bill to do this in the regular session that passed the Senate but did not come up for a vote in the House. As you may have noticed, all of the redistricting bills have been passed, and they await Greg Abbott’s signature, which I assume will happen shortly. Given that it’s not even November yet, we’re in plenty of time for that deadline. So, barring a court ruling that puts those maps on hold, I assume that the filing season will begin on November 15 as usual, with the primaries to follow in March. I haven’t seen any news stories to confirm this, perhaps because everyone had been assuming this all along, but we very much could have had delayed primaries, so I wanted to make note of this. If you have some reason to think otherwise, let us know in the comments.

Abbott picks Trumpy Secretary of State

Red alert, this is not good.

Gov. Greg Abbott on Thursday appointed John Scott — a Fort Worth attorney who briefly represented former President Donald Trump in a lawsuit challenging the 2020 election results in Pennsylvania — as Texas’ new secretary of state.

As secretary of state, Scott would oversee election administration in Texas — a task complicated in recent years by baseless claims of election fraud from Republicans in the highest levels of government, fueled by Trump. The former president has filed a flurry of lawsuits nationwide and called for audits in Texas and elsewhere to review the results of the 2020 presidential elections. Trump’s own attorney general, Bill Barr, said there was no evidence of widespread voter fraud nationwide, and in Texas, an official with the secretary of state’s office said the 2020 election was “smooth and secure.”

Scott could not immediately be reached for comment.

On Nov. 13, Scott signed on as counsel to a lawsuit filed by Trump attempting to block the certification of Pennsylvania’s election. A few days later, on the eve of a key hearing in the case, Scott filed a motion to withdraw as an attorney for the plaintiffs. Scott’s motion also asked to withdraw Bryan Hughes, a Texas state senator from Mineola who works for Scott’s law firm, as an attorney for the case.

The motion said the attorneys had reached a mutual agreement that the plaintiffs would be best served under different representation. Scott’s law firm was the second in the span of a few days to withdraw from the case.

Matt Angle, director of the Lone Star Project, which supports Democrats for elected office, said Abbott’s “surrender to Donald Trump betrays every Texan.”

“Texas’ already chaotic Secretary of State’s Office will be headed by someone intent on paving the way for Trump’s ‘Big Lie,'” Angle said in a statement. “By appointing a known vote suppressor to oversee our elections, Abbott is knowingly putting Texas elections in jeopardy and our future at risk just to cruelly hang on to power.”

As a reminder, previous Secretary of State Ruth Hughs resigned after calling the 2020 election “smooth and secure”, and then not being able to be confirmed by the State Senate. John Scott may be technically qualified for this position, but the motives here are obvious, and neither he nor Abbott deserve any benefit of the doubt. There are plenty of ways a person in this position can hamstring or undermine the big urban Democratic counties as part of a greater suppression strategy. I’m sure there are some less-publicized aspects of the big voter suppression bill that will empower him to do exactly that. This is an ominous development, and it’s one we need to be prepared to deal with. The Chron and the Texas Signal have more.

Comings and goings

Rep. Lloyd Doggett will run in a new district again.

Rep. Lloyd Doggett

Longtime U.S. Rep. Lloyd Doggett, D-Austin, has decided to run for reelection in Texas’ 37th Congressional District, opting to vie for one of Texas’ two new congressional districts — a bright-blue seat concentrated in Austin — rather than his current district, which reaches down to San Antonio.

Doggett announced the decision Sunday in an email to supporters and then shared it in person Monday outside Bryker Woods Elementary School in Austin.

“Nobody, me included, has any entitlement to public office, but Bryker Woods does issue reports cards,” Doggett said, “and I’m ready for my neighbors to grade my service in Congress and my devotion to the families of this city.”

Doggett currently represents the 35th Congressional District, which runs from Austin down along Interstate 35 to San Antonio. The proposed 37th District is far more compact, contained almost entirely within Travis County, home to Austin. Both are currently safely Democratic districts — and likely to remain so after redistricting.

[…]

Doggett also survived the last round of redistricting by switching districts, changing to the 35th District, which was new at the time. It was drawn to be a Hispanic-majority district, and Doggett faced a primary against then state Rep. Joaquin Castro of San Antonio. But Castro ultimately ran for the San Antonio-based 20th Congressional District after its Democratic incumbent, Charlie Gonzalez, announced his retirement.

Doggett’s chances of reelection in the new district are high. He has served in Congress since 1995 and a built a massive campaign war chest, totaling $5.4 million as of Sept. 30.

Doggett’s decision to run in CD-37 means there will be an open seat in CD-35.

Potential Democratic candidates for the 37th District have included state Rep. Gina Hinojosa of Austin and Wendy Davis, the former Fort Worth state senator and 2014 gubernatorial nominee who unsuccessfully challenged U.S. Rep. Chip Roy, R-Austin, last year.

Doggett was first elected in what was then CD10. In the DeLay re-redistricting of 2003, he moved to what was then CD25, then into CD35 as noted. I’m just going to leave this here:

Someone needs to start a project to track down everyone who has been continuously represented by Lloyd Doggett since 1995.

Rep. Doggett may or may not get some real competition for CD37. I’d make him a heavy favorite against pretty much anyone. As for CD35, that will likely draw a crowd.

Progressive firebrand and Austin City Council Member Greg Casar is likely to run for Congress in Texas’s 35th District, he told the Texas Observer in an interview.

“It’s very likely that I’m running,” says Casar, who has formed an exploratory committee to examine a run for the district that runs from Austin to San Antonio. “The maps haven’t been signed into law yet, but shortly after they are, I will make things much more official.”

[…]

The prospect of a newly open seat in a heavily Democratic majority-minority district sets the stage for a potential primary battle.

State Representative Eddie Rodriguez, who’s served in the Legislature since 2003, is reportedly “taking a hard look” at a run for the 35th; his southeast Austin state House district sits almost entirely within the new 35th boundaries. Also, longtime San Antonio Representative Trey Martinez Fischer requested that lawmakers draw him into the 35th, indicating that he may also run. Claudia Zapata, a progressive activist in Austin, is currently the only officially declared candidate. Casar’s home and his north-central council district are in the 37th, right along the border with the 35th.

That story is all about CM Casar, and you can read it if you want to know more about him. I’m mostly interested in the name game at this point.

Moving along, we will have a new open State House seat in Bexar County.

State Rep. Lyle Larson, R-San Antonio, who bucked his party on a number of major issues this year, announced Wednesday he will not seek reelection.

In an email to constituents, Larson said he was following through on legislation he has repeatedly introduced that imposes a term limit of 12 years on any elected official at the state level.

“As a strong proponent of term limits, will follow the limits we previously proposed in this legislation,” Larson wrote.

Larson was first elected in 2010 to represent House District 122 in the San Antonio area.

He had been increasingly expected to pass on a 2022 reelection campaign as he grew disillusioned with his party and potential GOP candidates lined up for his seat. Larson was the only Republican to oppose the GOP’s priority elections bill that led House Democrats to break quorum this summer. He also was the only Republican to vote against legislation that Republican supporters argued would crack down on the teaching of critical race theory in Texas classrooms. More recently, he filed a long-shot bill during the current special session to provide rape and incest exemptions for Texas’ new near-total abortion ban, despite previously voting for it.

Rep. Larson, who had been targeted by Greg Abbott in the 2018 primary, was sure to draw challengers this primary as well. He’s also now got his 12 years in, which means he’s fully vested in the pension. That’s always a propitious time to pull the plug. As noted before the current HD122, which began the decade as the most Republican district in Bexar County, has moved sharply towards Democrats. It was also significantly changed in redistricting, and was made more red than it had been in 2020, but could still be competitive in the near future. Maybe if a more wingnutty Republican wins, that timetable could move up.

Also moving districts due to the new map:

State Rep. James Talarico, D-Round Rock, announced Wednesday he is moving to run for reelection in a different House district because his current district is being redrawn to be more favorable to Republicans.

Talarico said he would run in nearby House District 50, where the Democratic incumbent, Celia Israel, is not seeking reelection as she prepares to run for Austin mayor. He announced the new campaign with the support of the biggest names in Democratic politics in Texas, including Beto O’Rourke, Wendy Davis and Joaquin Castro.

Talarico currently represents House District 52, which is set to become redder in redistricting — going from a district that President Joe Biden won by 10 percentage points to one that Donald Trump would have carried by 4. HD-50, meanwhile, is likely to remain solidly blue after redistricting.

[…]

Whether Talarico can avoid a competitive primary for HD-50 is an open question. Earlier Wednesday, Pflugerville City Councilman Rudy Metayer announced he was exploring a run for the seat. Metayer is also the president of the Texas Black Caucus Foundation, and he released a list of supporters topped by two of the state’s most prominent Black politicians, state Sens. Borris Miles of Houston and Royce West of Dallas.

HD-50 is more diverse than the district Talarico, who is white, currently represents. In a series of tweets announcing his new campaign, Talarico prominently highlighted how he “call[s] out White supremacy on the floor,” a reference to his outspoken advocacy against Republican legislation aiming to restrict the teaching of “critical race theory” in Texas classrooms.

Talarico was part of the over 50 House Democrats who broke quorum this summer in protest of the GOP’s priority elections bill, though he was part of the first several to return, causing friction with some in his own party.

See here for more on Rep. Israel. I have to think that HD52 will still be attractive to someone on the Democratic side; that person may have a harder time of it than Rep. Talarico, but a 4-point Trump district is hardly insurmountable, and I’d bet on further change in a Dem direction. As for Talarico, I’ll be very interested to see how big a deal his coming back in the first wave from the quorum break is in his primary. I’m sure the subject will come up.

Closer to home:

State Rep. Dan Huberty, R-Houston, announced Tuesday he will not seek another term to the Texas House.

Huberty, who has represented House District 127 since 2011, said in a statement that “it is time for new opportunities in life.”

“I have thought long and hard about this decision,” Huberty said. “It’s been an honor to represent the people and communities of District 127 at the Texas Capitol, and I’m proud of the work our team has accomplished.”

During the 2019 legislative session, Huberty helped spearhead reforms to the state’s school finance system, which included $6.5 billion to improve public education in the state and pay teachers, plus $5.1 billion to lower school district taxes.

Huberty said Tuesday that his “interest in and passion for public education remains at my core” and said he believed that the school finance reform legislation from 2019 “will have a lasting impact for the school children of Texas for a long time to come.”

Another fully-vested-in-the-pension guy. Funny how those things work out. Rep. Huberty, like several of his colleagues, is one of those increasingly rare serious-about-policy types, who has done some good work with public education. As his district remains pretty solidly Republican, at least in the foreseeable future, the best we can hope for is someone who isn’t a total clown emerging from the Republican primary. Say a few Hail Marys and toss some salt over your shoulder.

And speaking of Republicans with policy chops, this was not unexpected but is still bad.

Amarillo state Sen. Kel Seliger, a Republican who often butted heads with Lt. Gov. Dan Patrick and was known to be a key swing vote for his party, will not seek reelection.

“After thoughtful consideration and with the reassurance of my family, including my new very vocal granddaughter, I have decided not to be a candidate for re-election to the Texas Senate,” Seliger said in a statement. “I am forever grateful for my family, supporters, staff, and those who. have worked on my behalf since 2004. Thank you for placing your trust in me as your Texas State Senator.”

Seliger said he will serve out the remainder of his term, which ends in January 2023. He has represented Senate District 31, which covers the Panhandle, South Plains and the Permian Basin, since 2005. Prior to that, he served four terms as mayor of Amarillo.

In the Legislature, Seliger was known as an advocate issues of public education, higher education and local control. He led the Senate Higher Education Committee for three sessions between 2013 and 2017. But as parts of the Republican Party in Texas shifted toward support of private school vouchers and against policies passed in Democrat-leaning municipalities, Seliger was often criticized for not supporting those stances and derided as a “liberal.”

[…]

As recently as Monday, Seliger was still breaking with Republican leadership in what he said was deference to his constituents. He was one of the only Republicans in office who openly opposed legislation to ban employers from requiring COVID-19 vaccines, saying the proposal, pushed by Gov. Greg Abbott, was “anti-business.” Earlier in the 30-day special session, Seliger was the sole GOP vote in the Senate against a bill that would clear the way for party officials to trigger election audits. Seliger reportedly said he opposed the legislation because it is an “unfunded mandate of the counties, and I’m opposed to big government.”

His maverick streak led to frequent conflict with Patrick, a conservative firebrand who presides over the Senate. In 2017, Seliger voted against two of Patrick’s legislative priorities: a bill restricting local governments’ abilities to raise property tax revenues and another one providing private school vouchers. The next session, Patrick stripped Seliger of his chairmanship of the Higher Education Committee prompting a back and forth with Patrick’s office that escalated to Seliger issuing a recommendation that a top Patrick adviser kiss his “back end.” (Seliger ultimately apologized, but only for directing the comment at the adviser and not at Patrick himself.)

There used to be a lot of Kel Seligers in the State Senate, and in the Republican Party. Now they run the gamut from Joan Huffman to Bob Hall, and the next person to be elected in SD31 is almost certainly going to be on the Bob Hall end of that spectrum. We sure better hope we can beat Dan Patrick next year.

Finally, here’s a non-legislative vacancy that may have an effect on the House delegation in 2023.

The race for Bexar County judge is wide open as the 2022 election approaches.

Bexar County Judge Nelson Wolff confirmed last week that he would not seek reelection next year. Wolff has served as the county’s leader since 2001. Local political scientists say they expect a packed Democratic primary, though the number of officially declared candidates currently sits at zero.

So far, only state Rep. Ina Minjarez has publicly announced interest in the seat; she tweeted that she was exploring a run after Wolff announced his decision not to run again.

“I’ve received countless calls from community members for me to consider running for Bexar County Judge; with today’s news I’ve decided to form an exploratory committee,” she wrote on Oct. 6.

Rep. Minjarez was the only legislator mentioned in that story, but County Judge is a pretty good gig, so others may check this out. Being a County Judge is also a decent stepping stone to higher office, if that’s on one’s path. I will keep an eye on that.

With the mapmaking done, I expect we’ll start to hear about more people getting in, getting out, and moving over. And the January finance reports are going to tell us a lot. Stay tuned.

Congressional map passes

And so the work is done. The lawyers are warming up their engines as we speak.

The Texas Legislature has signed off on new congressional districts that shore up the GOP’s dominance and yield little ground to the people of color who have driven the state’s growth.

Wrapping up their work to build a decade of population change into new political maps, the Senate and House on Monday each approved a negotiated, final version of the congressional map, which will go to Republican Gov. Greg Abbott for his signature. In complete control of the redistricting process, Republicans designed a map that will tighten their hold on diversifying parts of the state where the party’s grip on power was waning and lock in the GOP’s majority in the 38-seat delegation for the U.S. House.

The map also incorporates two additional House seats the state gained, the most of any state in this year’s reapportionment. Though Texas received those districts because of explosive population growth — 95% of it attributable to people of color — Republicans opted to give white voters effective control of both, which were drawn in the Houston and Austin areas.

The Senate approved the map on a 18-13 vote. The House followed with an 84-59 vote.

Previewing the legal battles that will follow, Democrats decried the lack of adequate representation for voters of color, shunning a map that diminishes their voices instead of reflecting the state’s changing racial and demographic makeup. Half of the 4 million residents the state gained in the past 10 years were Hispanic.

“What we’re doing in passing this congressional map is a disservice to the people of Texas. What we’re doing is hurtful to millions of Texans — it’s shameful,” state Rep. Rafael Anchía, the Dallas Democrat who chairs the Mexican American Legislative Caucus, told his colleagues before the vote. “I’d love to be able to say it is a stain on the legacy of voting rights, but that seems to be the playbook decade after decade after decade in this state.”

The Republicans who led the redistricting process offered little defense of the maps from the Senate and House floors before the final votes. They have previously said the congressional map was drafted based on a series of “priorities,” including partisanship and keeping communities of interest together. They’ve also argued the map complies with federal laws protecting voters of color from discrimination, though they have declined to offer specifics about their legal analysis.

[…]

Republicans placed a new district, the 37th Congressional District, in the Austin area to capture Democratic-leaning voters that were endangering the prospects of Republican incumbents in nearby districts. They also drew in a new district, the 38th Congressional District, that would offer Republicans safe territory in the Houston area. In both districts, white residents would make up more than 60% of eligible voters.

During the Senate’s first debate over the map earlier this month, state Sen. Joan Huffman, the Houston Republican who led the Senate’s redistricting process, told her colleagues her team had seen “no strong basis in evidence” to create a new opportunity district for voters of color.

Like I said, the lawyers are ready. You can see the map here. As the story notes, one significant change was to undo the scrambling of CDs 09, 18, and 29 that left Reps. Sheila Jackson Lee and Al Green living in different districts. They got what they asked for, and in the process they put most of my neighborhood, including myself, back into CD18. You should check and see where you wound up.

I don’t have much more to say about the maps at this time. I’ll keep a lookout for electoral data when it becomes readily available, and of course I’ll keep an eye on the inevitable litigation. In the meantime, the big question is are we finally done with all this crap?

Early Tuesday morning, both the House and Senate adjourned the third special session of the year, capping a grueling stretch that featured a weekslong Democratic walkout over the GOP’s priority elections bill and a series of proposals to build on what was already a triumphant regular session for conservatives.

But the latest special session ended without lawmakers passing two of Abbott’s priorities — legislation to increase an illegal voting penalty and to ban vaccine mandates by any entity in Texas.

In each of the previous three legislative sessions this year, Abbott was firm that he would keep calling lawmakers back to Austin until they addressed the legislation he required of them — most notably the GOP elections bill and changes to the bail system targeting violent offenders. He placed a bill targeting transgender student athletes on each of the three special session agendas, until it was finally passed in the most recent session.

On Monday night, as the chambers were nearing sine die, Abbott declined to say whether a fourth special session would be necessary. He also did not say anything Tuesday about the possibility, but he did issue a statement applauding lawmakers for their work in the third special session that suggested he was satisfied with what they had gotten done.

“These dynamic achievements would not have been possible without the men and women of the Texas House and Senate who worked tirelessly through the third Special Session to ensure these priorities made it across the finish line,” he said. “Because of their efforts, the future of Texas is stronger, safer, and freer.”

But the unfinished bills are fraught with intraparty politics, and could expose Abbott to attacks from his right, which he has been increasingly attuned to as he prepares for his 2022 reelection campaign.

Some lawmakers expect there to be a fourth special session, but not in the short term — and maybe closer to primary season.

May the Lord have mercy on us all. At least we know that the remaining items Abbott might want are more contentious among Republicans, and that may act as a brake on them. But man, do I never want to have to depend on Republicans doing the thing that I want them to do, because that trick never works. The Chron has more.

First lawsuit filed against the redistricting maps

Why wait? We already know they suck.

Before they’ve even been signed into law, Texas’ new maps for Congress and the statehouse are being challenged in court for allegedly discriminating against Latino voters.

Filing the first federal lawsuit Monday in what’s expected to be a flurry of litigation, a group of individual voters and organizations that represent Latinos claim the districts drawn by the Legislature unconstitutionally dilute the strength of their votes and violate the federal Voting Rights Act.

The lawsuit was filed in El Paso by the Mexican American Legal Defense and Educational Fund.

The legal challenge comes as the Legislature rounds out its redistricting work to incorporate a decade of population growth into new maps for Congress, the Texas House and the Texas Senate. Of the 4 million new residents the state gained since 2010, 95% were people of color; half were Hispanic.

Yet the maps advanced by the Republican-controlled Legislature deny Hispanics greater electoral influence — and pull back on their ability to control elections. The House map drops the number of districts in which Hispanics make up the majority of eligible voters from 33 to 30. The Congressional map reduces the number of districts with a Hispanic voting majority from eight to seven.

Here’s the MALDEF press release, and the lawsuit itself is here. From the introduction:

Plaintiffs seek a declaratory judgment that the redistricting plans for the Texas House (Plan H2316), Senate (Plan S2168), SBOE (Plan E2106) and Congress (C2193) violate their civil rights because the plans unlawfully dilute the voting strength of Latinos. Plaintiffs further seek a declaratory judgment that the challenged redistricting plans intentionally discriminate against them on the basis of race and national origin. Plaintiffs seek a permanent injunction prohibiting the calling, holding, supervising, or certifying of any future Texas House, Senate, Congressional and SBOE elections under the challenged redistricting plans. Plaintiffs further seek the creation of Texas House, Senate, Congressional and SBOE redistricting plans that will not cancel out, minimize or dilute the voting strength of Latino voters in Texas. Finally, Plaintiffs seek costs and attorney’s fees.

Glad to know that the SBOW map won’t go unchallenged this time around. The plaintiffs include include the League of United Latin American Citizens (LULAC), Southwest Voter Registration Education Project, Mi Familia Vota, American GI Forum, La Union Del Pueblo Entero, Mexican American Bar Association of Texas, Texas Hispanics Organized For Political Education (HOPE), William C. Velasquez Institute, FIEL Houston Inc., the Texas Association of Latino Administrators and Superintendents, and five individual voters. Defendants are Greg Abbott and Greg Abbott and Deputy Secretary of State Jose Esparza. I expect this will be the first of multiple lawsuits against the actual maps; we also have the still-untested lawsuit by Sens. Eckhardt and Menendez that claimed the Lege could not do non-Congressional redistricting in a special session. There’s supposed to be a hearing for that next week. Given that the three maps in question there might already be signed into law by that time it may be moot, but I’m just guessing. As you know I don’t have much optimism for any of these challenges, including the ones that haven’t been filed yet, but we have to try anyway. You never know.

The Lege may fail to enshrine Abbott’s max anti-vaxx order into law

One bit of good news.

Legislation intended to block any Texas entity, including hospitals and private businesses, from mandating COVID-19 vaccines for employees has stalled out in the Senate with less than two days left in the third special legislative session this year.

State Sen. Kel Seliger, R-Amarillo, said he opposes the bill, which makes entities requiring the vaccines vulnerable to discrimination lawsuits. Seliger said the legislation — added to the session agenda as a late priority by Gov. Greg Abbott — does not have the votes to pass in the upper chamber.

“At the moment it’s not too well developed,” Seliger said of Senate Bill 51, authored by state Sen. Bryan Hughes, R-Tyler, calling it “anti-business.”

“I’ve got some real reservations because I think it’s another example of big government,” Seliger said. “And we don’t do that.”

SB 51 has been on the Senate’s calendar since Thursday, but the chamber has not taken action, even as it passed other priority legislation.

The special session is scheduled to end Tuesday, and the vaccine legislation is one of only a few outstanding Abbott priorities that appears unlikely to get through the finish line.

“It’s dead,” state Sen. Juan “Chuy” Hinojosa, D-McAllen, said of SB 51.

[…]

More than two dozen medical and business advocacy groups quickly criticized SB 51, pushing back against the legislation in the days after it was introduced last week. Hughes filed the bill after Abbott asked lawmakers last week to take up this issue to ensure Texans aren’t required to get vaccinated, saying that vaccines are “safe, effective, and our best defense against the virus, but should remain voluntary and never forced.”

Abbott called for the legislation as he took executive action to ban private companies from requiring employees or customers to be vaccinated against COVID-19, which will be in effect statewide even if lawmakers don’t act. His order came four weeks after Democratic President Joe Biden announced that federal contractors must have all employees vaccinated against COVID-19 and that businesses with more than 100 employees must mandate vaccination against the virus or require regular testing.

The organizations opposing the bill, including several chambers of commerce, the Texas Association of Business, the Texas Hospital Association, the Texas Association of Manufacturers, the Texas Hotel & Lodging Association and the Texas Trucking Association, have warned lawmakers of the legislation’s risks to small businesses, workplaces that rely on federal funding and immunocompromised Texans.

The warnings were notable in a state where business interests work closely with pro-business Republicans to influence legislation.

“We’re getting tremendous amount of communications from the business community saying this is their job,” Seliger said. “They set the rules and working conditions in their places of business.”

See here and here for some background. From the jump there were stories of strong opposition from business groups, who are normally very friendly to Republicans, to this bill. Given that the session ends today, I’d say the odds that this bill dies with it are pretty good. But I don’t want to get too overconfident, because it is entirely possible that enough objectionable pieces of that bill could get filed off, and it would be at the top of the agenda for a fourth session, whether or not one is needed. So count this as a provisional win, and hope for the best from here.

Down to the wire for Congressional redistricting

Time is running out in this session. Of course, there’s always the next session shudder.

A redraw of the state’s congressional map to include a decade of population growth could be headed to last-minute backdoor negotiations after the Texas House made a series of changes to the Senate’s proposed boundaries.

The House approved the congressional map on a 79-56 vote early Sunday, leaving in place district configurations that largely protect incumbents while denying Hispanics control of either of the two additional seats the state earned based on the 4 million new residents it gained, according to 2020 census results. Half of the new residents were Hispanic.

But the House late Saturday tweaked the Senate-approved map so that two Black Democratic members of Congress in the Houston area would not be pitted against each other. The chamber also amended the map to just barely restore the Hispanic-majority electorate of a Central Texas district stretching from Austin to San Antonio that the Senate plan had shrunk.

Early Sunday morning, the Senate rejected those changes and requested what’s known as a conference committee, made up of members of both chambers, to hash out the differences. That deal would require an additional vote by each chamber before this third special session ends Tuesday.

[…]

Throughout the evening, Democrats warned of “blatant legal defects” that undermine the electoral strength of voters of color in choosing their representatives in Washington, D.C. At times offering vague reasoning for their opposition, the House’s Republican majority repeatedly rejected their bids to rework the map and create additional districts in which voters of color could control elections.

A failed proposal to create such a district for Hispanics in western Dallas County grew particularly contentious as state Rep. Jacey Jetton, R-Richmond, spoke against the proposal, noting it would reduce the Hispanic population in a neighboring Democratic district.

In response, state Rep. Rafael Anchía, the Dallas Democrat who had offered the proposal, questioned why Republicans would object to the new district while signing off on a configuration that instead draws some of those Hispanics into a massive rural district with almost surgical precision.

Under the plan Republicans approved, the 6th Congressional District — which stretches across seven mostly white rural counties to the south of Dallas — extends a finger northward into Dallas County to capture Hispanic neighborhoods. That engineering simultaneously boosts white voters’ control of the district while stranding Hispanic voters who in the past were concentrated enough to influence election outcomes.

“You really have to try hard to deny Latinos in North Texas the ability to select that candidate of their choice, but that’s what’s baked in this plan,” Anchía said.

[…]

In reconfiguring the Austin-area districts, the Senate had brought the share of Hispanic eligible voters in the 35th Congressional District down from 52.6% to 48%. House Republicans voted to give Hispanic voters a marginal majority by bringing them up to 50.5% of eligible voters in the district, which is currently represented by longtime Democratic U.S. Rep. Lloyd Doggett.

In that same amendment, Republicans also upped the percentage of Hispanic eligible voters to exactly 50% in CD-27, a district that runs from the Gulf Coast up to Central Texas. But the seat would likely remain under Republican control, giving Donald Trump a hypothetical 20.5-percentage-point margin of victory at 2020 levels of support. The district is currently represented by Republican Michael Cloud of Victoria.

Democrats voted against those changes because they also served to further boost Republican performance in neighboring CD-15, which is anchored in Hidalgo County. The Senate reconfigured that district to flip it from one that Joe Biden narrowly carried to one that Trump would’ve won by 2.6 percentage points. Under the House’s changes, Trump’s margin of victory increases to 4.6 percentage points.

The CD-15 incumbent, U.S. Rep. Vicente Gonzalez, D-McAllen, has said he would move to run for reelection in the reconfigured CD-34, which was unexpectedly close in 2020 but was shored up as a safe Democratic seat. But it appears he will be able to stay put, thanks to a Democratic amendment passed Saturday that would draw his residence into CD-34.

Save for exceptions like CD-15, the GOP appeared to prioritize incumbent protection over aggressively running up the party’s numbers in the congressional delegation. But the map does in fact give Republicans a bigger edge, increasing from 22 to 25 the number of districts that would have voted for Donald Trump in 2020. The state’s current delegation consists of 23 Republicans and 13 Democrats.

See here and here for the background. I expect that the conference committee will produce a final map that will get approved in time, which would at least have the benefit of lessening the need for yet another special session. That’s all up to Greg Abbott of course, and if there’s some other dumbass wingnut thing he wants to do to fake looking tough for Republican primary voters, he can do it. Having Congressional maps in place would mean he doesn’t have to, for whatever that’s worth. This map is trash, but we know the courts will rubber stamp it, so the Republicans have no need to care. Pass it and get out of town, it’s the best we can hope for.