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Tarrant County

On reporting election night results faster

Not sure about this.

Ahead of next week’s primary runoff elections, Harris County officials are recruiting county staffers to help speed up the results by picking up ballots at polling locations and driving them to the county’s central count location. Harris County was the last of the state’s largest counties to finish counting ballots in an election held earlier this month, even with assistance from law enforcement officers who took on delivery duties.

In the past, the responsibility of delivering the ballots has fallen to election judges, the final task at the end of their 15-hour day. Starting with the May 7 election, law enforcement officers with the Harris County Constables offices and the Harris County Sheriff’s Office picked up the ballots and made the delivery instead. The change didn’t do much to cut down on reporting time. While Dallas County and Tarrant County sent complete results to the state shortly after midnight, Harris County’s results came in around 9:37 a.m. Sunday, according to the Texas Secretary of State’s office.

This week, Harris County officials plan to train and deputize full-time county staffers from various departments to take on those delivery duties, as well. An email sent to county staffers on Tuesday from Harris County Administrator Dave Berry and Harris County Elections Administrator Isabel Longoria requested volunteers to help expedite the process.

“What’s required? Drive to a single polling location and pick up two sets of voting equipment, from both the Democratic and Republican sides, for the May 24th Primary Runoff Election. Return the equipment to NRG and be greeted with snacks, water, and a big THANK YOU for your service,” officials wrote in the email.

Each participating law enforcement officer or county employee will be assigned on average two polling locations, which will cut down by half the total number of cars lined up at central count at the end of the night, according to a spokesperson with the Election Administrator’s office.

While all Texas counties must comply with the state election code regulations — which were modified significantly when Senate Bill 1 went into effect last year — the Election Day ballot counting process varies considerably depending on the county.

At a May 11 hearing with the House Elections Committee, Tarrant County Elections Administrator Heider Garcia told lawmakers his county speeds up results by using multiple dropoff spots on Election Night, instead of one central count location.

“Because we are a large county, we use regional dropoff locations for the poll workers to deliver the materials to us. If we had 350 poll workers queued up outside our office, election night would become election week,” Garcia said.

Rep. Mike Schofield, a Harris County Republican, told Longoria and committee members he was alarmed by Harris County’s plans to deputize county staffers to make deliveries.

“I would be very, very troubled to find out in November that we were just deputizing whoever the elections office thought it wanted to deputize to go touch my election results and bring them to the central counting station,” he said. “So let’s make sure that we know what the law is and that we’re following it because that’s not kosher. Or at least doesn’t seem kosher.”

According to the story, Keith Ingram of the SOS office said he disagreed with Harris County’s interpretation of the law in question. He’s not a lawyer and that’s not an official pronouncement, but that sounds to me like it’s maybe not the best plan to pursue, as there could be unwanted consequences from it. I will say, it’s not clear to me why this would be illegal. I can’t think of any reason why trained county staff would be any less reliable or trustworthy than election judges, who had to be trained by the same election office people to do the same thing. Maybe this is just a quirk of the law if in fact it is not in compliance with it, maybe there was some nutball conspiracy theory reason for county election workers to be not on the sanctioned list of vote-equipment-deliverers, or maybe there’s a legitimate reason that I’m not aware of. All I can say is that at first glance it’s not clear to me why it should be off limits.

That said, rather than risk a confrontation over this, maybe the multiple dropoff points plan is better, as that seems to be how other counties do it. I will confess total ignorance here about why that might not work for Harris County. Maybe it’s just not a thing we’ve done before and so we don’t have a workable plan in place. I’d say one of the first questions we should be asking the next Election Administrator is what they think about this.

There’s also this:

The Harris County GOP is urging Republican election judges to break with Harris County’s election night plan for next week’s primary runoff, arguing the county’s ballot delivery protocol violates the law. Earlier this week, Harris County officials sent an email to county staffers asking for volunteer drivers to help expedite the ballot counting process for the upcoming primary runoff. With hundreds of polling locations spread out over 1,700 square miles, the state’s most populous county has a history of delayed election returns.

In hopes of speeding up election results, the Harris County Elections Administrator’s office also used this plan earlier this month in the May 7 election — deputizing law enforcement officials and full-time county staffers to deliver ballots from the polling location to the county’s sole central counting station. However, the Harris County GOP is pushing back on that plan and instructing Republican election judges to drive ballots to central count themselves.

While the Harris County GOP is opposing the county’s ballot delivery plan, in an email to the Chronicle, party chair Cindy Siegel outlined strategies they would support in order to speed up election results. Those included better tracking of equipment and improved training for staffers receiving ballots.

Their key recommendation: “Include multiple drop off locations around the county with livestream video of the drop off process.”

At the May 11 hearing, Tarrant County Elections Administrator Heider Garcia told lawmakers that’s the system they use to speed up results.

“Because we are a large county, we use regional drop-off locations for the poll workers to deliver the materials to us. If we had 350 poll workers queued up outside our office, election night would become election week,” Garcia said.

Under the tenure of former Republican County Clerk Stan Stanart, Harris County used four drop-off locations to count ballots. Stanart reassured voters the system of transmitting ballot counts was secure.

When the county clerk’s office flipped to Democratic control in 2018, the new County Clerk Diane Trautman intended to use multiple locations, as well, but scrapped the plan after the Texas Secretary of State’s office said the county would violate state law prohibiting the transmission of election results via the internet. Trautman told Commissioners Court in November 2019 she believed her system to relay results was legal, but rather than risk a lawsuit, Harris County would begin to count votes at a single location.

In this year’s primary election on March 1, Harris County used four drop-off locations to shorten the drive time for election judges, according to the Elections Administrator’s office spokesperson Leah Shah. She said they’ve returned to one drop-off location while trying to implement a program to reduce the need for multiple locations.

In response to the Harris County GOP urging judges to transport ballots themselves, Shah said the Elections Administrator’s office has sent out an email to GOP election judges notifying them that they can “opt in” to the county’s plan if they don’t want to drive the ballots themselves. Thirty-one GOP judges have opted in so far, according to Shah.

Someone is going to need to explain to me what Tarrant County is doing differently than what Harris County would have done under Diane Trautman’s plan. Having multiple dropoff locations makes sense to me, so let’s figure out what needs to happen from there and go forward with it. Make that a top priority for the next elections administrator. And again, election night reporting for the earlier May election was fine. If we have a similar experience on Tuesday night, that too will be fine.

Crystal Mason’s conviction to be reconsidered

Good news.

The Texas Court of Criminal Appeals has told a lower appeals court to take another look at the controversial illegal voting conviction of Crystal Mason, who was given a five-year prison sentence for casting a provisional ballot in the 2016 election while she was on supervised release for a federal conviction.

The state’s court of last resort for criminal matters on Wednesday ruled a lower appeals court had wrongly upheld Mason’s conviction by concluding that it was “irrelevant” to Mason’s prosecution that she did not know she was ineligible to cast a ballot. The ruling opens the door for Mason’s conviction to ultimately be overturned.

Mason’s lawyers turned to the Texas Court of Criminal Appeals after the Tarrant County-based Second Court of Appeals found that her knowledge that she was on supervised release, and therefore ineligible to vote, was sufficient for an illegal voting conviction. Mason has said she did know she was ineligible to vote and wouldn’t have knowingly risked her freedom.

On Wednesday, the Texas Court of Criminal Appeals ruled that the lower court had “erred by failing to require proof that [Mason] had actual knowledge that it was a crime for her to vote while on supervised release.” They sent the case back down with instructions for the lower court to “evaluate the sufficiency” of the evidence against Mason.

[…]

In Wednesday’s ruling, the court held that the Texas election code requires individuals to know they are ineligible to vote to be convicted of illegal voting.

“To construe the statute to mean that a person can be guilty even if she does not ‘know[] the person is not eligible to vote’ is to disregard the words the Legislature intended,” the court wrote. “It turns the knowledge requirement into a sort of negligence scheme wherein a person can be guilty because she fails to take reasonable care to ensure that she is eligible to vote.”

The court on Wednesday ruled against Mason on two other issues. They rejected her arguments that the lower court had interpreted the state’s illegal voting statute in a way that criminalized the good faith submission of provisional ballots, and that the appeals court had wrongly found she “voted in an election” even though her provisional ballot was never counted.

See here, here, and here for some background. Of particular interest is that the recent voter suppression law played a positive role in this outcome.

Insisting they’re not criminalizing individuals who merely vote by mistake, Tarrant County prosecutors have said Mason’s case is about intent. The case against her has turned on the affidavit she signed when submitting her provisional ballot.

But the legal landscape underpinning Tarrant County’s prosecution shifted while the case was under review, the Texas Court of Criminal Appeals noted.

Last year, the Texas Legislature included in its sweeping new voting law several changes to the election code’s illegal voting provisions. The law, known as Senate Bill 1, added new language stating that Texans may not be convicted of voting illegally “solely upon the fact that the person signed a provisional ballot,” instead requiring other evidence to corroborate they knowingly tried to cast an unlawful vote.

The Legislature’s change to the election code — along with a resolution passed in the Texas House regarding the interpretation of the illegal voting statute — are “persuasive authority” that the lower court’s interpretation of the law’s mens rea requirement was incorrect, the Texas Court of Criminal Appeals ruled on Wednesday.

Good. This isn’t over for Mason, as this is just about the appeal of her conviction. Even if the appeals court ultimately throws it out after reconsideration, Tarrant County could still pursue this case and who knows, they might be able to convict her again. It sure seems like the spine of the case against her has been removed, though. And no matter how you look at it, she has already suffered consequences far in excess of her original sin, however you measure it. Please let this be over for her. The Dallas Observer has more.

Sen. Powell ends her re-election bid

Disappointing but understandable.

Sen. Beverly Powell

State Sen. Beverly Powell, D-Burleson, ended her reelection campaign Wednesday morning, citing an “unwinnable race” in a district that Republican lawmakers had redrawn to make a Democratic win impossible.

“Under the new map that will remain intact through November, the results of the 2022 election are predetermined,” she said in a video message published Wednesday morning. “Election prospects for any candidate who relies on a diverse voter coalition will be thwarted. So after a great deal of thought, prayer and consultation with family, friends and supporters, I have decided to withdraw my name from the ballot.

“I cannot in good faith ask my dedicated supporters to spend time and contribute precious resources on an unwinnable race,” she said. “That time and those resources are better spent on efforts that will advance our causes and on the continuing efforts to restore voting rights.”

In withdrawing her nomination, Powell all but gives the election to Republican nominee state Rep. Phil King of Weatherford. Sam Taylor, a spokesperson for the secretary of state’s office, said on Twitter that the Texas Democratic Party can only replace its nominee if Powell is withdrawing due to a catastrophic illness, no other party has a nominee, or she’s appointed or elected to another office.

[…]

Powell and a group of the district’s voters and civil rights organizations sued the state in federal court to block the map’s implementation for the March primary. But a three-judge panel in El Paso denied their request to block the map’s use in the primary, keeping it in place until later in the year when the panel will hold hearings on challenges to the state’s political maps for the Texas House, Senate, Board of Education and congressional seats.

Since the passage of the Voting Rights Act in 1965, Texas has not made it through a single decade without a federal court admonishing it for violating federal protections for voters of color.

In her message, Powell said the newly drawn map will be in effect “for at least the November general election.”

Powell said she will continue to serve through the end of her term in January and will look for other opportunities to serve the public.

“Serving as your Texas state senator has been the honor of my lifetime,” she said. “Thank you for entrusting me with this sacred privilege.”

See here and here for some background. SD10 was easily the main Republican target in redistricting, going from 53-45 Biden to 57-41 Trump in the process. It’s likely to trend Democratic over this decade as it did over the previous one, but even an optimistic projection would suggest 2026 or 2028 before it might become competitive. I hate the idea of giving up on a district, even if it’s not winnable, on the grounds that local campaigns are a part of the overall turnout effort, but if the idea behind this is to do some triage and direct funds away from a race like this one, where an endangered incumbent could generate a lot of cash for their likely-to-be-doomed effort, and to ones with a greater chance of success, I can’t argue with it. I thank Sen. Powell for her service and hope that we have better luck with the lawsuit and the demographic trends. Reform Austin has more.

When a divorce helps to define a marriage

Interesting case.

A gay San Antonio man has filed for a divorce in which he seeks to prove a common law marriage existed with his former partner of 25 years when federal law prohibited same sex marriage. The law has since then been ruled unconstitutional by Obergefell vs. Hodges in 2015.

If he is successful in his divorce petition, Christopher Hoffman would be eligible for alimony and other benefits from his former partner Moises Ortiz. It would also mark the first time in Texas that a common law [informal] divorce would be granted to a same sex couple who were together prior to Obergefell.

The Texas Family Code provides two methods for establishing a common law [informal] marriage. The first is to “file a declaration of informal marriage with the county clerk. Tex. Fam. Code 2.40l(a)(l).” The second is by showing that “I) the parties ‘agreed to be married’; 2) that the parties lived together as spouses; and 3) that they ‘represented to others that they were married.’ Tex. Fam. Code 2.401 (a)(2).” Additionally, the partner seeking to establish the existence of a common law marriage “bears the burden of demonstrating the three elements by a preponderance of the evidence.”

According to court documents, Hoffman and Ortiz lived together for 25 years beginning in 1994. Hoffman filed for the common law divorce on July 19, 2019 citing adultery and mistreatment among other reasons. In responding to Hoffman’s assertion, Ortiz denies that a common law marriage existed, saying that he and Hoffman had only been roommates.

On July 30, 2019, Judge Mary Lou Alvarez of the 45th District Court of Bexar County found that Ortiz’s claim that he and Hoffman “were simply roommates that acted as partners to be incredulous testimony.” The judge went on to issue a temporary order requiring Ortiz to pay Hoffman $1,200 monthly for interim spousal support until a final jury trial’s verdict.

On January 22, 2021, Ortiz’s attorney filed a motion for a Declaratory Judgment which would have made a final, legally binding declaration that Hoffman’s petition was not valid.

Ortiz contended that there was no precedent in Texas state law to show that Obergefell applies retroactively to same sex couples. Hoffman’s attorney countered that there had been two incidents (Ford v. Freemen 2020 and Hinojosa v. LaFredo 2012) of courts in Texas recognizing “a pre-Obergefell same sex common law marriage. However no Texas appellate court has issued any binding authority on the issue.”

(Lambda Legal Senior Staff Attorney Shelly Skeen authored a brief in the Hinojosa v. LaFredo case.)

There are a couple of precedents I could cite for pre-Obergefell marriages later getting legally dissolved in Texas. Way back in 2010, a Travis County district court judge granted a divorce to two women who had been married in Massachusetts. Then-Attorney General Greg Abbott sued to undo the divorce ruling on the grounds that their marriage was not recognized by the state of Texas. That case went all the way to the State Supreme Court, which ruled against Abbott, upholding a Third Court of Appeals decision that Abbott didn’t have standing because he waited to intervene until after the original district court ruling. That ruling happened a few months before Obergefell, and SCOTx was emphatic that it was not saying anything about the constitutionality of same-sex marriage, just about the AG’s standing to intervene in that case.

In 2014, there was a divorce and child custody filing in Bexar County, also between two women who in this case had been married in Washington,. That one had been filed eight days before a federal judge ruled that Texas’s law against same-sex marriage was unconstitutional; this was the original Texas case filed by Cleopatra De Leon and Nicole Dimetman, and Vic Holmes and Mark Phariss. The judge in that Bexar County case later also ruled that Texas’s law against same-sex marriage was unconstitutional, basing her opinion on the federal case while specifying sections of the state’s Family Code as being illegal. She also cordially invited Greg Abbott to butt the hell out, which kind of makes her my hero. I don’t have any further updates on that case, so it’s my best guess that it eventually proceeded to a normal resolution in the courts.

Finally (yes, I went deep on this one; it’s a topic that fascinates me), there was a post-Obergefell divorce granted in Tarrant County, the culmination of a proceeding that had been filed in 2013. It appears that it was the SCOTUS ruling on same-sex marriage that spurred the case resolution for this one.

So with all that said, and with the usual proviso that I Am Not A Lawyer, I like plaintiff Hoffman’s chances, on the grounds that this is in every other way a pretty normal, boring divorce case that will ultimately be decided on the merits. It’s certainly possible that some bad actors might try to get involved in an effort to pursue a ruling that might draw a distinction between “traditional” marriage and same-sex marriage. I don’t know how that might happen, and I don’t know if it can happen if defendant Ortiz objects to their intervention, I just know that the there are definitely people who would like to intervene in this fashion and for this purpose, and I wouldn’t put it past them. Anyway, I’ll try to keep an eye on this one, just to see how it goes. The trial begins today, so we may know more soon.

Precinct analysis: Beto’s range in the 2022 primaries

When you get 91.34% of the vote in an election, as Beto did in the Democratic primary for Governor, there’s usually not a whole lot of interesting data beneath the surface. But you never know until you look, so I went and got the numbers for the Dem gubernatorial primary by county and sorted them by Beto’s percentage. Here are some highlights from that:


County      Diaz%  Cooper%   Beto%   Voters
===========================================
Maverick   16.40%   10.48%  60.71%    6,653
Frio        8.14%    6.87%  71.72%    2,518
Dimmit     10.41%    7.97%  71.98%    1,845
Duval       8.18%    6.73%  75.62%    1,858
Webb        8.55%    5.29%  77.02%   17,675
Jim Wells   8.23%    6.57%  78.71%    3,866
Cameron     6.99%    4.71%  81.46%   19,705
Hidalgo     6.44%    3.87%  81.68%   37,309
Jefferson   2.35%   12.72%  83.33%   12,637
El Paso     2.93%    2.14%  91.61%   37,017
Fort Bend   2.64%    3.69%  92.02%   39,613
Harris      2.10%    3.22%  92.83%  157,880
Nueces      2.63%    2.52%  93.17%   13,426
Dallas      1.98%    3.14%  93.53%  126,203
Tarrant     2.18%    3.03%  93.77%   73,413
Bexar       2.30%    1.38%  94.13%   94,334
Montgomery  2.25%    1.87%  94.13%   10,585
Travis      2.98%    0.85%  95.00%  108,831
Denton      1.85%    2.01%  95.09%   27,340
Collin      1.77%    1.36%  95.48%   36,368

I limited myself to counties where at least a thousand votes had been cast, though obviously I didn’t include all of them. Maverick was easily Joy Diaz’s best county, while Jefferson (where he’s from) was Michael Cooper’s best. I didn’t include the other two candidates in this table because they weren’t interesting, but Inno Barrientez had his best showing in Frio County, with 8.02% of the vote.

You might look at some of these places and think that this is a sign of weakness on Beto’s part, since the low-scoring places are mostly heavily Latino. I would invite you to consider how he did in these counties in 2018 before you arrive at such a conclusion.


County    Beto 18  Beto 22
==========================
Maverick   22.13%   61.71%
Frio       23.84%   71.72%
Dimmit     29.07%   71.98%
Duval      41.58%   75.62%
Webb       41.65%   77.02%
Jim Wells  40.24%   78.71%
Cameron    46.77%   81.46%
Hidalgo    50.50%   81.68%

Sema Hernandez got over 60% in Maverick, almost 60% in Frio, and over 50% in Dimmit. She won a plurality in Duval, Webb, and Jim Wells, and had over 40% in Cameron and Hidalgo. I largely pooh-poohed the “Beto underperformed in the Latino counties!” hot takes in March of 2018 and I stand by that, but however you felt about those numbers then, it’s very different now.

He really crushed it in the big counties, with Collin the winner as Most Beto-est County Of Them All. You could do this same sort of comparison with 2018 as well if you wanted – Beto got 65.5% in Collin in 2018, 57.7% in Dallas, and 59.1% in Harris – but all we’re really saying is he got a lot more votes from basically the same size electorate. However you slice it, that much remains.

Precinct analysis: Final 2022 primary vote totals from those counties of interest

At the end of early voting, I posted some totals from various counties around the state. I noted at the time it was an imprecise comparison since I included final 2018 turnout numbers as the comparison point for 2022 and said I’d update that table when voting was over. Well, voting is over, so let’s return to that table and see what we can see.


County       2018 Dem   2018 GOP  2022 Dem  2022 GOP
====================================================
Bell            7,282     18,149     9,089    20,912
Bexar          81,408     67,977    94,334    87,277
Brazoria       10,085     24,376    11,331    30,541
Brazos          5,131     12,365     4,611    16,430
Cameron        14,123      4,003    19,705    10,504
Collin         34,669     66,078    36,368    79,431
Comal           4,150     17,662     4,847    23,874
Dallas        123,671     80,583   126,203    86,551
Denton         27,025     49,474    27,340    68,104
El Paso        54,184     12,096    37,017    18,240
Ellis           4,243     15,906     5,376    18,536
Fort Bend      29,322     34,707    39,613    45,582
Hays           11,397     11,881    12,972    15,475
Hidalgo        37,739      7,050    37,309    15,042
Johnson         2,618     12,280     2,485    17,085
Lubbock         5,900     21,964     5,599    27,552
Maverick        6,300        111     6,653       623
Montgomery      9,701     48,921    10,585    71,451
Nueces         12,345     12,553    13,426    18,871
Smith           4,704     22,826     6,362    27,668
Starr           6,729         15     3,410     1,089
Tarrant        71,876    105,317    73,410   129,628
Travis        113,070     39,177   108,831    46,416
Webb           21,137      1,426    17,675     2,963
Williamson     25,681     35,675    26,067    47,431

The first thing you might notice is that the final numbers for Starr and Maverick counties are less than the final EV totals I had. How can that be? I double-checked the final EV totals on the SOS webpage, and they are now as they were then, 6,895 for Maverick and 5,188 for Starr. I may not know much, but I know that election totals go up, not down. How do I explain this?

I went and looked at the Starr County Elections page to see what I could find. What I found is that the turnout numbers they presented for the Democratic and Republican primaries are indeed different than what the SOS reported for the gubernatorial races, by a fair amount. While there were 3,410 votes cast in the Governor’s race on the Democratic side in Starr, and 1,089 on the Republican side, total turnout for Democrats was given as 6,456, with 1,444 as the total for Republicans. You can see if you scroll through that some races, like the CD28 Dem primary, got a lot more votes than the gubernatorial primary. I figured maybe the action was a bit heavier downballot, and that seemed to be true on the Dem side in that there were a lot more votes cast in the eight Justice of the Peace races. There were still undervotes, which were easier to comprehend as they were a lot closer to the “total votes” figures for each race, but if you added up all the votes in those eight JP precincts, you get the 6,456 and 1,444 figures cited.

Make of that what you will. The transition from the “actual total turnout regardless of who voted in what race” to the “total that actually voted in this race” was jarring, in this case because the undervote rate was so low. I have no idea what it might have been in 2018, so I can’t draw any conclusions. As for Maverick County, I couldn’t find a report from their website, just what the SOS had. Insert shrug emoji here.

Anyway. I didn’t have an agenda for this post, just an intention to keep the promise made before. I’ve got some other posts about primary voting in the works and will run those in the coming days.

2022 primary early voting statewide

Turnout information for early voting for all counties is available on the Secretary of State website. They used to only have this for the 30 most populous counties, which skewed things in a Democratic direction, but a law passed in 2019 required the data to be made available for all counties. Now that early voting has been completed, let’s see what the totals looked like in other counties of interest around the state.

Unfortunately, we can’t make a direct comparison for some of the counties I was interested in because as noted the SOS only has EV data for thirty counties. So what I did instead was collect the final turnout information for the 2018 Senate primaries in both parties. What that means is that the data below is a bit skewed, since we’re comparing EV turnout to overall turnout. Even there, “overall turnout” is a bit misleading since there are always undervotes, and the data I’ve captured for 2018 doesn’t include that. The 2022 numbers includes everyone who showed up, the 2018 data only has the ones who voted in their Senate races. It’s the best I can do. Here’s what it looks like:


County       2018 Dem   2018 GOP  2022 Dem  2022 GOP
====================================================
Bell            7,282     18,149     4,550     9,574
Bexar          81,408     67,977    60,033    50,025
Brazoria       10,085     24,376     6,809    20,323
Brazos          5,131     12,365     2,241     7,902
Collin         34,669     66,078    20,784    43,779
Comal           4,150     17,662     3,040    13,530
Dallas        123,671     80,583    66,109    38,928
Denton         27,025     49,474    14,683    37,288
El Paso        54,184     12,096    20,320     9,199
Ellis           4,243     15,906     2,479     8,136
Fort Bend      29,322     34,707    25,646    28,275
Hays           11,397     11,881     7,316     8,210
Johnson         2,618     12,280     1,224     8,175
Lubbock         5,900     21,964     3,267    17,184
Montgomery      9,701     48,921     6,052    41,596
Nueces         12,345     12,553     6,682     9,962
Smith           4,704     22,826     3,933    15,481
Tarrant        71,876    105,317    38,674    70,021
Travis        113,070     39,177    58,329    23,357
Williamson     25,681     35,675    14,558    26,672

For the most part, nothing terribly exciting. Overall Democratic turnout is about 627K, about 62% of the 2018 Senate race total of 1.04 million. Republicans are at about 1.02 million, or about 66% of the way to the 1.55 million they had in their Senate primary. While I talked about the “premier races” driving turnout statewide in the last entry, conditions in an individual county can vary. High profile and/or expensive races for Congress, County Judge, or other local offices can have an effect. Different counties have different patterns for how much of the vote is cast early versus on Election Day. We also have to consider the effect of SB1 on mail ballots. So far this year there have been 49,888 Republican primary ballots cast by mail, compared to 71,329 for the Dems. We don’t know the total figures for 2018, but a look at the top 30 county numbers makes it clear that Republicans used mail ballots a lot more four years ago.

So overall I don’t see too much that stands out. The one place that is a bit remarkable is El Paso, where Democratic voting is down quite a bit from 2018. We know that Beto was a big draw overall in El Paso, more so in the general, but remember that in 2018 there was also the primary to succeed Beto in Congress, and it was a fairly expensive race that featured then-County Judge and now Rep. Veronica Escobar. I suspect that drove some people to the polls as well.

What about the South Texas/Rio Grande Valley counties that shifted red in 2020? Here’s the same sample I looked at before, updated for the 2022 numbers:


County       2018 Dem   2018 GOP  2022 Dem  2022 GOP
====================================================
Cameron        14,123      4,003    14,500     6,455
Hidalgo        37,739      7,050    31,924    10,398
Maverick        6,300        111     6,895       440
Starr           6,729         15     5,188       969
Webb           21,137      1,426    13,384     1,499

Definitely more participation on the Republican side, exceeding the final 2018 totals in all five counties, though overall those numbers are still quite low compared to the Dems. Democratic numbers in Cameron and Maverick have also topped their 2018 counterparts, and are not far behind in Hidalgo and Starr. I’m a little puzzled by Webb, since that’s the center of the CD28 primary battle, but maybe that’s a mostly-vote-on-Election-Day place. We’ll see tomorrow. Have you voted yet?

The only constant is change

This DMN story is about the wave of changes to the various legislative caucuses in North Dallas, but if you pull the lens back just a little, you can see how universal it is.

Proponents of term limits complain that elected lawmakers often overstay their welcome.

That’s not the case these days in the Texas House, where turnover is occurring across the state. In North Texas, the 2022 elections could bring an array of new faces to the House and Senate.

When the Legislature convenes in 2023, there will be eight new members of the House. And a new senator will replace the retiring Jane Nelson of Denton County. Statewide, 28 House lawmakers have retired or left their seats to run or another office. Five senators are not running for reelection, including several moderate Republicans, including Kel Seliger of Amarillo and Larry Taylor of Friendswood.

The story goes on to list the folks from the Metroplex – mostly Dallas, Tarrant, Collin, and Denton counties – who are retiring or running for another office in 2022, and it’s a long list. But as we’ve discussed, there’s always a fair amount of turnover following a redistricting year, and there’s a lot more natural turnover in elected office than you might think.

My case in point: Here’s your list of federal and state election winners in 2012 from Harris County. Following the 2022 election, this is how many new names there will be:

– Six of nine members of Congress are gone, with only Reps. Al Green, Mike McCaul, and Sheila Jackson Lee remaining.
– All three SBOE members will be gone, as Lawrence Allen is running for HD26 this March.
– At least six out of eight members of the State Senate will be gone, with only Sens. Whitmire and Huffman still on the ballot. To be sure, two of those people are now statewide office holders, and one is on Commissioners Court, but this is about turnover. All three of their seats are now held by someone else.
– At least sixteen of the 24 State House members will be gone. Only Reps. Alma Allen, Gene Wu, Armando Walle, Senfronia Thompson, Harold Dutton, Ana Hernandez, Mary Ann Perez, and Hubert Vo are on the ballot.

If you want to take it one step further, note that four out of five members of Commissioners Court are gone, with the fifth (Jack Cagle) likely to be voted out this November. All holders of executive office, all members of the HCDE Board of Trustees, and nearly every District Court judge is new since then as well.

To be sure, some of the holdovers have been there for a long time. My point is that they’re a pretty rare exception, and that the norm is for most legislators to serve a couple of terms and then either lose an election or move on to something else, which may be another political office and may be something outside of electoral politics. This is one of the many reasons why I disdain term limits. Our very real lived experience shows that they are not necessary.

The flip side of this, as a companion story notes, is that turnover means that a fair amount of legislative and subject matters knowledge goes away when a veteran lawmaker moves on, voluntarily or otherwise. But that’s life, and as someone who has been in the corporate world for a couple of decades, I can tell you that the world will keep spinning. New people will get their chance, and generally speaking they’ll be fine, even if they do things differently.

Now if you want to complain that the kind of Republicans being elected these days in place of the Jane Nelsons and Larry Taylors and Kel Seligers and so forth are a couple of notches below them in terms of knowledge, seriousness, deportment, and a whole host of other qualities, you’ll get no argument from me. That’s a different problem, and it’s going to take both the election of more Democrats and a return to something approaching sanity and respect for democracy among Republicans as a whole to solve it.

No restraining order in SD10 lawsuit

The March primary will officially proceed as scheduled.

Sen. Beverly Powell

A federal three-judge panel in El Paso on Tuesday denied a request by Tarrant County residents to block a reconfigured state Senate district from being used in the upcoming March primary election while they pursue a lawsuit arguing that Texas lawmakers intentionally discriminated against voters of color when they redrew its boundaries.

The legal challenge to Senate District 10 in the Fort Worth area offered the only avenue to alter the state political maps drawn last year by the Legislature before the primary election. The Republican-controlled Legislature used the once-a-decade redistricting process to draw maps solidifying the GOP’s political dominance while weakening the influence of voters of color.

Without a successful appeal to the U.S. Supreme Court, the maps will remain in place until later this year, when the panel is expected to hold a trial to hear the large collection of challenges to the new maps for the state House and Senate, the State Board of Education and the state’s Congressional seats.

The plaintiffs — including Democratic state Sen. Beverly Powell, who represents SD-10 in its previous configuration — and attorneys for the state faced off in an El Paso courtroom last week during a four-day hearing before the three-judge panel. The plaintiffs were asking for a temporary injunction blocking the primary using the redrawn SD-10.

[…]

The state also argued it was too late to make changes for the March 1 primary, for which mail-in ballots have already started going out. In-person early voting begins Feb. 14.

The three-judge panel did not specify its reasons for siding with the state in its Tuesday order, saying those would be contained in a forthcoming opinion. The panel did note the state’s argument that an order to block the use of the redrawn SD-10 so close to the primary election would “fly in the face” of the Supreme Court’s previous warnings that lower courts should not make changes “on the eve of an election.”

See here and here for the background. I can’t say I’m surprised – we are less than two weeks out from the start of early voting, and mail ballots are being sent to those lucky few who have managed to fill out their applications correctly. Whether it was possible for the court to have acted faster than this I can’t say, but given where we are now, this was the most likely outcome. This lawsuit and the other federal and state suits will proceed later, and if there are any remedies offered they will happen no earlier than the 2024 election. Which means that if the plaintiffs do eventually prevail in this one, it will be too late for Sen. Powell, who is a big underdog in the current district. That sucks and it’s not fair, but it’s where we are. All we can do is move forward.

The SD10 redistricting lawsuit gets off to a rousing start

I did not see this coming.

Sen. Beverly Powell

In a sworn declaration submitted as part of an ongoing federal court challenge, a senior Republican state senator with redistricting experience said he believes his party violated federal voting laws when it drew new boundaries for state Senate District 10 in the Fort Worth area.

“Having participated in the 2011 and 2013 Senate Select Redistricting Committee proceedings, and having read the prior federal court decision regarding SD10, it was obvious to me that the renewed effort to dismantle SD 10 violated the Voting Rights Act and the U.S. Constitution,” state Sen. Kel Seliger said in a declaration signed in November.

The statement from the Amarillo Republican emerged this week as part of a dayslong hearing before a three-judge panel considering a lawsuit that claims the district was intentionally reconfigured to discriminate against voters of color in Tarrant County.

[…]

Seliger chaired the Senate’s redistricting committee last decade, redrawing the state’s maps following the 2010 census when a similar attempt to reshape the district was found to be discriminatory. A federal court in Washington, D.C., ruled in 2012 that lawmakers had discriminated against voters of color in dismantling the district and cracking apart their communities. As a result, the Legislature went back to restore the district’s configuration.

Seliger affirmed his declaration in a video deposition taken earlier this month — portions of which were played in open court in El Paso this week — during which he also said that “pretextual reasons” were given for how political boundaries were decided during the 2021 redistricting process.

Seliger pointed to the redrawing of his own district in the Texas Panhandle as an example. The district was reconfigured so that it lost several counties from the region while picking up about a dozen on the southern end of the district, closer to Midland, from where Seliger had picked up a primary challenger. He ultimately decided against seeking reelection.

[…]

On Wednesday, Seliger told The Texas Tribune that his statement about the illegality of SD-10 was “more of a concern than it was an assertion” of whether there was a violation.

“When you draw a map that essentially takes out minorities or, in what was more the point, take out the chance that there would ever be a Democrat elected there, was there a violation?” Seliger said. “It’s not an assertion on my part because I’m not a constitutional lawyer, but that was my concern about Sen. Powell’s district — to take that district and completely change it and it still marginalized minorities in that district.”

He added that there was a “context” surrounding the drawing of SD-10 — even as Huffman asserted she had not paid any attention to racial data in drawing its boundaries — that requires lawmakers to consider race.

“The Voting Rights Act says if you can create a district in which a historically marginalized minority can elect a candidate of their choice, you must draw that district,” Seliger said. “You start with that principle in every single district.”

See here for the background. Basically, he’s saying that the Republicans did the same things that they did ten years ago that were cited as illegal under the Voting Rights Act by a federal court in 2012. That’s a strong argument that the district as drawn now is also illegal, though it’s hardly conclusive. The previous lawsuit was settled rather than taken to a verdict, so the state will probably just argue now that they shouldn’t have settled then. It’s a good and unexpected (for me, anyway) start for the plaintiffs, who for now are just trying to get something like the old district restored for the 2022 election, but we haven’t heard from the state yet.

More from the hearing:

Two of Tarrant County’s local elected officials testified Tuesday that new political maps passed by Republicans in the Texas Legislature will dilute the voting power of minority voters in a Fort Worth state senate district.

The testimony from Tarrant County Justice of the Peace Sergio Leon and County Commissioner Charles Brooks came during a hearing in El Paso in one of several challenges against the state of Texas and Gov. Greg Abbott after the Republican-led Texas Legislature redrew political maps following the 2020 U.S. Census.

And although this week’s hearing is limited in scope — it pertains to one state senate district in North Texas — attorneys said testimony could foretell what is to come later this year when a slew of other redistricting challenges are heard in a consolidated redistricting lawsuit.

[…]

During testimony Tuesday in El Paso, De Leon said much of his Precinct 5 was originally in Senate District 10 before redistricting. But now, the Senate District has been split in two. This has shifted some Black and Hispanic voters — formerly in the northern part of his precinct — into a Senate District with more Anglo voters. Meanwhile, Black and Hispanic voters in the southern part of his precinct are grouped with rural white voters.

“They’ll have zero impact” on upcoming races, DeLeon said.

Brooks, who was first elected as a county commissioner in 2004, said redistricting has grouped Black and Hispanic voters with Anglo residents who do not share the same values.

“Their voices will be greatly diminished to the point of not being heard and effective in getting their points of view across,” he said, adding that his precinct is about 60% Democrats and 40% Republicans. But Tarrant County generally tends to vote Republican, he said.

Not quite as much any more. If these plaintiffs can get a favorable ruling, then that is probably a good sign for the others, though of course there are no guarantees and SCOTUS remains hostile to voting rights. If these plaintiffs can’t get anywhere, it’s hard to see how any of the others will fare better. If nothing else, we should have an answer quickly. Spectrum News has more.

SD10 lawsuit gets its hearing

The last possible obstacle to a March primary, and the first redistricting lawsuit to get a merits hearing.

Sen. Beverly Powell

A federal district judge in El Paso on Tuesday will preside over one of several challenges against the state of Texas and Gov. Greg Abbott after the Republican-led Texas Legislature redrew political maps following the 2020 U.S. Census.

And although this week’s hearing is limited in scope — it pertains to one state senate district in North Texas — attorneys said testimony could foretell what is to come later this year when a slew of other redistricting challenges are heard in a consolidated redistricting lawsuit.

U.S. District Judge David Guaderrama will hear a challenge to the redrawn political boundaries for Fort Worth’s state Senate District 10, currently represented by Democrat Beverly Powell. Powell and six Tarrant County residents filed the lawsuit in early November, alleging the new map purposely dilutes the voting strength of minorities.

“In each decennial redistricting cycle in modern history, Texas has enacted plans that federal courts have ruled to be racially discriminatory in intent and/or effect. Like clockwork, Texas has done so again,” the lawsuit asserts. “Remarkably, Texas has enacted the same racially discriminatory scheme to dismantle Senate District 10.”

[…]

Attorney Mark P. Gaber, who represents Powell and the other plaintiffs, said their case is scheduled ahead of the others this fall because they asked the judge to make a decision in time for the November 2022 General Election.

“The claims are that the drawing of the senate district was intentionally discriminatory by cracking apart Black and Latino voters. What we are asking the court to do is enter relief in time to affect the November 22 election,” he said. “So, we would put the district that exists now back in place and that would require some changes to the surrounding districts as well.”

Graber said this week’s hearing could foreshadow what to expect later this year.

“I imagine for one thing there is going to be testimony and that doesn’t go away. And that could be relevant to other claims as well,” he said. “We’ll probably get some legal ruling from the court that will affect issues beyond Senate District 10 in terms of what the court determines are the facts of law.”

See here for the background. The DMN has more details.

Of the federal redistricting complaints, Powell’s alone seeks an injunction and changes to the maps ahead of the March 1 primary elections. A panel of three federal judges set a September trial start date in the consolidated redistricting case. There’s also a challenge in Texas state court.

“A crucial fight is underway to preserve District 10 as a Tarrant County-based diverse district where minority voters and Anglos unite to elect their candidate of choice,” said Powell, who is suing as a private citizen and not in her official capacity, when she filed for reelection last month.

The previously Fort Worth-centric seat that had been contained inside Tarrant County grew at least tenfold in geographic size and added part of Parker County and all of Johnson, Palo Pinto, Stephens, Shackelford, Callahan and Brown counties.

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

Republicans say the maps are legal and fair. Lawyers for the state argued the Legislature acted according to partisan motivations, not racial ones, and warned that blocking the map would disrupt the 2022 elections already in motion.

“This case is about politics, not race,” state lawyers responded in a filing that was blunt about the GOP majority’s approach. “Their goal, as always, was to design to elect a Republican. And they succeeded, at least on paper.”

Texas argued the Tarrant County citizens’ claims fail because “the Legislature simply did not consider race for purposes of redrawing” District 10 except for compliance with applicable law.

[…]

To lock things in place until the lawsuit is resolved, Powell’s legal team asked the federal court to block the map, with respect to District 10, from being used in elections and to restore the district’s previous boundaries. The plaintiffs also asked the court to delay primary elections affected by that change, noting that lawmakers already approved a back-up primary schedule.

[…]

It’s unclear, if the court rules in favor of the plaintiffs on District 10, which other primaries would be delayed. The goal is to restore the seat with as few changes as possible to the rest of the map, said Matt Angle, founder and director of the progressive Lone Star Project.

I noted this hearing in yesterday’s post about the state of the state lawsuits, as those now will be held later (if they are not tossed by SCOTx) and will not have an effect on this year’s primaries. I don’t expect there to be any delays in the primaries this year. It’s possible that the three-judge panel, which has one Trump judge, one Obama judge, and the ever-present Jerry Smith, could issue an injunction, but I doubt that the Fifth Circuit would let it stand, and if somehow that happened then SCOTUS would intervene SCOTUS would get to have a say as well. (Yes, maybe I’m being cynical, but how is that a losing proposition these days?) Whatever does happen, it will have to happen quickly – we’ve already passed the deadline for mail ballots to be sent to military and overseas voters, and early in person voting for the primaries starts in less than three weeks. I’ll be keeping a close eye on this.

UPDATE: Made a correction to note that the appeals process from this three-judge panel goes to SCOTUS, not the Fifth Circuit.

Please watch over the fraudit

Good idea.

A group of Democratic members of Congress from Texas has sent a letter to the Department of Justice requesting that it closely monitor the ongoing election audit in four Texas counties. Last September, Texas Republicans began an audit in Harris, Tarrant, Dallas, and Collin counties at the behest of Donald Trump. The former president urged Gov. Greg Abbott to review the results in spite of the fact that he won the state in an election the Texas Secretary of State’s Office called “smooth and secure.”

“We have serious concern that this audit may be an attempt to invalidate properly cast ballots in the 2020 Presidential election,” read the letter, which was addressed to Assistant Attorney General for the Civil Rights Division Kristen Clarke. We ask that your office closely monitor and work collaboratively with Texas state officials to ensure this audit does not unfairly erode any Texan’s ability to choose their leaders through the ballot box.”

The letter noted particular concern about the new Secretary of State overseeing the audit, John Scott. As an attorney, Scott assisted Trump’s unsuccessful attempt to overturn the election results in Pennsylvania. “This newly announced audit raises serious impartiality and fairness concerns given Mr. Scott’s previous work seeking to invalidate authentic election results and Governor Abbott’s history of peddling false election claims,” read the letter.

The letter was signed by Reps. Colin Allred, Lizzie Fletcher, Filemon Vela, Eddie Bernice Johnson, Veronica Escobar, Sylvia Garcia, Joaquin Castro, Lloyd Doggett, Al Green, and Marc Veasey.

If the DOJ does follow the letter’s request, it won’t be the first time it’s tangled with Texas over its election practices. In November, the DOJ filed a lawsuit against the state for its assault on voting rights.

[…]

The results of the initial phase of the Texas election audit have already been released and, unsurprisingly, they show few issues and no evidence of widespread fraud.

See here for the most recent update. Once more with feeling: There is no reason to trust John Scott. Corner him like a rat in a cage, and do not let anything about this boondoggle get spun. The DMN has more.

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.

Precinct analysis: The new SBOE map

Previously: New State House map, New Congressional map

I probably care more about the SBOE than most normal people do. It’s not that powerful an entity, there are only 15 seats on it, and their elections go largely under the radar. But the potential for shenanigans is high, and Democrats had about as good a shot at achieving a majority on that board as they did in the State House in 2020. Didn’t work out, and the new map is typically inhospitable, but we must keep trying. And if this nerdy political blog doesn’t care about the SBOE, then what’s even the point?

You can find the 2012 election results here and the 2020 results here. I didn’t use the 2016 results in my analysis below, but that data is here if you want to see it.


Dist   Obama   Romney Obama%Romney%     Biden    Trump Biden% Trump%
====================================================================
01   247,686  187,075  56.2%  42.4%   378,468  283,822  56.3%  42.2%
02   228,834  185,412  54.6%  44.2%   291,278  291,716  49.4%  49.4%
03   264,311  232,068  52.5%  46.1%   388,240  305,696  55.1%  43.4%
04   308,644  120,097  71.2%  27.7%   403,177  148,981  72.2%  26.7%
05   300,483  239,166  53.8%  42.8%   570,541  301,308  64.1%  33.8%
06   181,278  386,445  31.5%  67.1%   368,830  466,577  43.5%  55.0%
07   224,393  362,617  37.8%  61.1%   340,566  472,253  41.3%  57.3%
08   176,409  303,391  36.3%  62.4%   298,068  395,563  42.4%  56.3%
09   199,415  406,195  32.5%  66.3%   283,337  493,792  36.0%  62.7%
10   169,390  393,365  29.6%  68.6%   303,528  543,023  35.2%  63.0%
11   190,589  395,936  32.0%  66.5%   340,611  492,562  40.2%  58.2%
12   189,192  408,110  31.2%  67.3%   370,022  505,840  41.6%  56.8%
13   335,799  130,847  71.2%  27.7%   441,894  151,002  73.5%  25.1%
14   165,093  377,319  30.0%  68.5%   316,606  503,706  38.0%  60.4%
15   126,093  440,745  21.9%  76.7%   162,347  533,181  23.0%  75.5%

You can see the new map here, so you can visualize where these districts are. The current and soon-to-be-obsolete map is here, and my analysis of the 2020 election under that map is here.

You might note that none of the new districts look all that crazy. For the most part, the districts encompass entire counties. It’s mostly a matter of which counties are joined together. A good example of that is SBOE12, which used to be Collin County plus a slice of Dallas. In the days when Collin was deep red, that was more than enough for it to be safe Republican, but now that Collin is trending heavily Democratic – SBOE12 was a four-point win for Joe Biden last year – that won’t do. Now SBOE12 is a sprawling district that still has all of Collin but now a smaller piece of Dallas, the top end of Denton, and a bunch of smaller North Texas counties that had previously been in districts 09 and 15. In return, the formerly all-rural district 9 picks up about a quarter of Dallas, in a mirror of the strategy we’ve seen in the other maps to put heavily Democratic urban areas in with deeply Republican rural ones, to neutralize the former. District 11, which had previously been pieces of Dallas and Tarrant plus all of Parker and is now all of that plus Hood and Somervell and part of Johnson counties, is another example.

The other strategy that we see echoes of here is the more careful placement of dark red suburban counties. SBOE6, which used to be entirely within Harris County, is now hiked up a bit north to include a generous piece of Montgomery County, much as was done with CD02 and SD07, to flip it from being a Biden district back to a Trump district. Ironically, this has the effect of making SBOE8, which used to have all of Montgomery plus a lot of the counties east of Harris, more Democratic as it now wears both the eastern and western ends of Harris like earflaps. (Mutton chops also come to mind as I look at the map.) SBOE8 also picks up a piece of bright blue Fort Bend County, which had previously been in district 7. Meanwhile, over in Central Texas, SBOE5 jettisoned Comal County after it could no longer keep that district red; Comal wound up in district 10, which excised all of its Travis County population in return.

As far as the numbers go, there’s not much to say. Whether Democrats can win five or six districts will depend in the short term on whether they can hold district 2, which is actually a bit more Democratic in this alignment. In the longer term, districts 6, 8, 11, and 12 could all become competitive. District 3 is no more Democratic than any of those are Republican, but as you can see it trended a bit more blue over the decade, and it’s anchored in Bexar County, which should keep it from falling. 2022 is the one year when every district is up for re-election, and that will tell us something about how the trends we saw in 2020 are going. Maybe we’ll need to re-evaluate the prospects for change in this map, or as we’ve said before, maybe we’ll end up cursing the evil genius of it all. I mean, even as SBOE6 moved strongly towards Dems, the deficit to make up is still 100K votes. Nothing is going to come easy, if it comes at all.

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.

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?

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.

More redistricting stuff

Just a roundup of some redistricting stories. We’ll start with the DMN.

The new map, part of a process of redrawing legislative boundaries every 10 years, makes significant changes in North Texas, where Democrats likely will gain a seat held by Republican Jeff Cason. The district would move to an area made up of mostly minority voters.

But the Republican proposal also adjusts the southern Denton County district represented by Democrat Michelle Beckley to make it more favorable for a GOP candidate. Beckley has opted to run for Congress in 2022 against Republican incumbent Beth Van Duyne in Congressional District 24.

Meanwhile, the North Dallas district represented by John Turner would move west and become a majority Hispanic district in Oak Cliff and Grand Prairie. Turner is retiring after his term ends, and had he stayed, he would have been paired with a Republican Morgan Meyer.

In North Texas, Republicans had the goal of protecting their incumbents who could be in trouble during the next decade. They made alterations that now have the Dallas County seats held by Republicans Angie Chen Button of Garland and Meyer, who lives in University Park. The new maps place them in areas won in 2020 by Donald Trump, but only at a 50% to 49% margin. Those districts will remain battlegrounds as Democrats try to make Dallas County a blue oasis.

Republicans bolstered their Tarrant County seats, except for the one held by Cason, which will become more Democratic. Cason also was one of only two Republicans who voted against House Speaker Dade Phelan in January. And they made the Collin County districts represented by GOP Reps. Matt Shaheen and Jeff Leach stronger for a Republican, but as with the case in Dallas County, the Collin County seats will remain targets for Democrats.

“Republicans did their best to cement their majority and, from a partisan gerrymandering standpoint, they played this very smart,” said David de la Fuente, a senior policy analysts for the center-left group called Third Way. “They didn’t go overly aggressive for new pickup opportunities for themselves because they know that a lot of this growth that’s happening in Texas is growth that could benefit the Democratic Party, so they tried to stop losses more than anything else.”

[…]

Rep. Jasmine Crockett, a Dallas Democrats who represents District 100, which includes parts of southern and eastern Dallas County, as well as West Dallas, is upset that her district is slated to incur a radical drop in its Black population. Under the new maps, the number of voting age Black residents District 100 will drop from 34.6% to 27%. The white voting age population would increase from 22% to nearly 37%. Crockett’s voting age Hispanic population drops from 41% to 29%.

“They have taken the voice away from African Americans in my district and that’s a clear violation of the Voting Rights Act,” Crockett said. “They are spitting on the legacy of HD 100. They went too far.”

Most of the Black population lost by Crockett will be moved to the nearby District 104 that is represented by Dallas Democrat Jessica González. Her new constituents would include residents from the historic Joppa neighborhood, a community built by freed slaves. District 104 has largely changed, González said. The district now extends to Mesquite and Garland.

While she would pick up Black population from districts represented by Crockett and Rose, González said the number of eligible voters with Hispanic surnames would drop from over 50% to about 48%. That could be a Voting Rights Act violation, analysts say.

Crockett and González were vocal participants of the quorum break by House Democrats to stall a controversial elections bill.

“I’m not too shocked that it ended up being me they targeted,” Crockett said. “I kind of wear it as a badge of honor…It is still a safe Democratic seat, but partisan gerrymandering is legal and when you slice and dice communities of interests, you end up with a problem.”

State Rep. Toni Rose, D-Dallas, would also have the Black population in her district sharply reduced, and she would lose Paul Quinn College. Rose’s district would see a drop in Black voting age population–from 34% to 26%. The Hispanic voting age population in the district would rise from 58% to 63%.

Black residents represented 25% of the growth in the Dallas/Fort Worth area, according to the U.S. Census Bureau.

Well, that answers my question about what Rep. Cason did to offend the redistricting gods. Gotta say, I was under the impression that doing what was done here to Rep. Crockett’s district was called “retrogression” and it was a no-no under the Voting Rights Act. It’s not clear to me if that slicing and dicing was done for strategic reasons or just out of spite. Wait for the lawsuits, I guess.

Here’s the Chronicle:

“The map gives Republicans a slight advantage,” said Ross Sherman of the advocacy group RepresentUs, which works with the Princeton Gerrymandering Project to grade redistricting proposals. “This seems to be a trend this cycle: another map producing safe seats and insulating politicians from their constituents.”

The Gerrymandering Project gave the proposed House map a “C” in fairness for its GOP advantages. It’s the highest grade a Texas map has received so far, after proposals for congressional and state Senate maps earned “F” grades.

[…]

Speaking in general about the maps, GOP strategist Brendan Steinhauser said the Republicans tried to “lock in the gains” they earned during the 2020 election, rather than “be too aggressive” and shift blue seats their way.

The House seats currently are divided almost equally between districts that favored Republican Donald Trump and Democrat Joe Biden in 2020. The current map includes 76 Trump-led districts and 74 Biden-led districts, but the new map shifts that support to 86 in favor of Trump and 64 in support of Biden.

Texas grew by roughly 4 million people over the past decade, a surge driven almost entirely by people of color, especially Latinos. Updating the political maps is required every 10 years, to account for such shifts.

Still, the proposed House map reduces the number of majority-minority districts by voting age population. Previously, 67 districts were majority-white; the new map proposes 72 districts that have mostly white voters.

Those numbers change dramatically when evaluating estimates for adult citizens. Using those figures, the House currently has 83 majority-white districts, compared with 89 under the new map. And while the current districts include 33 with Hispanic majorities and seven with Black majorities, those numbers would fall to 30 and four, respectively.

“These maps do nothing but preserve the status quo at the expense of Black and brown Texans,” said Anthony Gutierrez, the executive director of the good-government group Common Cause Texas.

Same observation about the reduction of majority-minority districts. I mean, I get that the Voting Rights Act may as well be written on toilet paper with this Supreme Court, but it’s still theoretically the law of the land. The Republicans may have had more challenges with the State House districts because of the law that requires districts to be entirely within counties where possible, which prevented them from putting pieces of urban counties in the same district with rural counties, which was not the case for the Congress or State Senate maps. Again, I figure the lawyers will have a lot to say about all this when the dust settles.

Speaking of Congress:

In a strongly-worded letter, U.S. Reps Sheila Jackson Lee and Al Green said they oppose the Republicans’ proposed redrawing of their districts and say they were not consulted before the map was released to the public.

The map “makes radical and unneeded changes to the two local congressional districts that include the majority of Black voters in Harris and Fort Bend counties,” the letter to the Texas Senate Redistricting committee states.

There are massive changes for Harris County in the congressional redistricting plan the Texas Senate released earlier this week. The county would still have nine members of Congress, but the district lines would be dramatically altered to improve the re-election chances of current Republicans and create a new congressional seat that appears to have been drafted to ensure another Republican would be elected to Congress.

The map would have a dramatic impact on the districts represented by Jackson Lee and Green, changing who represents 200,000 mostly Black residents.

Jackson Lee’s 18th Congressional District would not only lose the Third Ward, but also downtown Houston, the University of Houston and Texas Southern University — most of those areas would instead be shifted to the 29th Congressional District, represented by Democratic U.S. Rep. Sylvia Garcia.

And the Republican map would put Jackson Lee’s home in Riverside Terrace into Green’s 9th Congressional District, meaning she would not even be able to vote for herself unless she moved. It would also put Jackson Lee’s main district office for the 18th in Green’s district, forcing her to move it.

“No other member of the large Texas delegation is so severely impacted by the proposed map,” the letter notes, pointing out at Jackson Lee’s 18th Congressional District has roots that tie back to Barbara Jordan, who in 1972 became the first Black woman to represent Texas in Congress.

I said before that Reps. Green and Jackson Lee would easily win the new districts as drawn, but what was done to them is clearly an insult. For Sen. Huffman to claim that no one got in touch with her about the maps she was drawing is disingenuous, especially when she knows what effect those maps are going to have. You have the power, you have the responsibility. Spare me the whining.

More from the Statesman:

Nonwhite residents accounted for about 95% of the population growth that gave Texas two additional seats in the U.S. House.

Despite that, the number of predominantly Hispanic congressional districts in Texas would fall from eight to seven, while majority Anglo districts would rise from 22 to 23, in the Republican-drawn map unveiled this week, said Gloria Leal with the League of United Latin American Citizens.

[…]

“Toss-up seats, which presented an opportunity for Hispanics to elect candidates of choice, were cut from 12 to one,” Leal said. “This blatant attempt to increase partisanship in districts not only results in the suppression of minority votes, but it eliminates the opportunity for Hispanics to elect a candidate of their choice in violation of the Voting Rights Act and the U.S. Constitution.”

State Sen. Joan Huffman, R-Houston and chairwoman of the committee, said the map was drawn in a “color-blind way,” without taking into account the race of residents.

“We did not consider race in drawing the maps at all,” Huffman said. “Once we drew the maps, we provided them to our legal counsel … and we are advised that they were legally compliant” with the Voting Rights Act.

Michael Li, with the Brennan Center for Justice at the New York University School of Law, testified that creating the map without regard to race is not enough to insulate it from legal challenges, particularly if lawmakers know about its adverse impact on nonwhite Texans.

Li said the proposed map raised several “red flags,” particularly in the Dallas-Fort Worth area, where Black and Hispanic populations increased sharply in the past decade, yet no new districts were created to give nonwhite voters an opportunity to elect preferred candidates. At the same time, SB 6 would move a significant Latino population from a district held by U.S. Rep. Mark Veasy, D-Fort Worth, and into an Anglo majority district that includes seven rural counties, he said.

Li also questioned changes made to District 22 — centered on Fort Bend County, one of the most diverse suburban counties in America — where the voting age population would rise to 55% Anglo, up from the current 46%. Dismantling a district where rising numbers of Hispanic, Black and Asian voters were able to create voting coalitions “raises many red flags,” he said.

Have I mentioned that the lawyers are going to be busy? I don’t have much faith in the courts, but I believe in the lawyers.

Decision Desk:

Texas gained two Congressional districts through 2020 reapportionment. One district went into Austin, which the GOP previously divided between five Republican districts in 2010. All five ended up as marginal races by 2020. This new Democratic district releases pressure on the five seats allowing them to absorb Democratic voters from other parts of the state. The second new Congressional seat is roughly the successor to the old Seventh district in west Houston, with the new TX-07 traveling between Houston and her suburbs as a new, safe Democratic seat.

TX-03, TX-06, TX-07, TX-10, TX-21, TX-22, TX-23, TX-24, TX-25, TX31, and TX-32 were all potential competitive seats in 2020. TX-15, TX-28, and TX-34 became competitive because of newfound Republican strength among South Texas Hispanics. All but one of the districts are now uncompetitive. Republican Districts gain more Republican voters, and the few Democratic held seats become more Democratic. All of the former Republican suburban seats reach deep into the rural and exurban areas and drop Democratic suburbs. Former rural and exurban seats – TX-04, TX-05, TX-08, TX-13, and TX-36 – reach deeper into the suburbs to carve up Democratic areas. The result is  districts with obtuse borders where the Democrats gained the most voters, such as the north Dallas suburbs with the new TX-04.

In South Texas, past voting rights litigation prevents Republican map-makers from exploiting recent party gains. The resulting districts resemble the present lines and stretch northwards, but the most GOP-favoring Hispanic areas are now congregated in TX-15 which makes it a potential swing district. O’Rourke did win this seat by over 10%, so the district will not be competitive if the 2020 results end up as a one-off occurrence.

Texas mappers still found ways to cater to their protected incumbents. In TX-10, Senior Republican Michael McCaul gets a district that squiggles narrowly around Austin from his neighborhood west of the city to rural Texas. New TX-06 Republican Jake Ellzey’s district takes in more rural areas where he is better known and loses Arlington Republican voters who backed Susan Wright during the 2021 Special Election. TX-25 previously did not include Republican Roger Williams’ base in Weatherford, west of Fort Worth. Now it does.

Republicans also released their proposed Legislative and Board of Education district maps, which can be viewed here. Biden in 2020 and O’Rourke in 2018 won a majority or a near-majority of districts on the former maps for these bodies, so Republican mappers were even more desperate to gerrymander these lines. Both maps protect incumbents in a similar manner to the Congressional plan with the rural and exurban areas reaching into the suburbs. The legislative plans however go beyond incumbent protection and each attempt to carve up a marginally Democratic seat in the Dallas-Fort Worth Metroplex. 

The desire to protect incumbents may end up dooming State House Republicans in future years. County nesting requirements prevented the GOP from linking the Republican dominated rural areas to the suburbs. By giving former Biden-District Republicans seats Trump won, other, formerly safe Republican seats needed to take in Democratic voters. Even more districts than previously become marginal districts that could potentially swing heavily away from the GOP.

Voting rights litigation is a constant factor in Texas redistricting. For example, plaintiffs forced Texas Republicans to draw the new Dallas-based TX-33 into a Hispanic Democratic seat in 2010 (initial 2010 map here). This new Congressional gerrymander disadvantages minority communities across the state, especially since nearly all of Texas’s recent growth came from minority groups. The proposed TX-23 is only 60% Hispanic compared to the 80% or higher in other South Texas seats, limiting minority opportunity. TX-27 has several majority Hispanic counties, including the city of Corpus Christi, inside a seat where White voters historically pick the representative. TX-38 could be a second, overwhelmingly Hispanic seat in the Houston area. TX-18 was previously an African American district, but is here majority Hispanic, an example of regression. Fort Worth minority voters are distributed between four Districts and there could be a fourth minority seat in the region. A majority-minority coalition seat can be drawn in the suburbs north of Dallas. Expect this criticism and more to potentially be levied in future court cases.

I suspect he means that only CD15 is competitive, but CD23 is only Trump+7, which seems competitive enough to me. I also think that over time several others will become more competitive as well, if these districts are allowed to go into effect as is. I’m sure there will be changes, and then of course the lawsuits, though as we well know they will take years to resolve. What we eventually get here is what we’re going to have for awhile. The Current and the Trib have more.

The proposed State House map is out

The last of the bunch.

Texas House members on Thursday released the first proposal for a new map redrawing the chamber’s 150-member districts. The initial draft would both increase Republicans’ strength across the state and the number of districts in which white residents make up a majority of eligible voters.

House Bill 1, authored by Corpus Christi Rep. Todd Hunter, the GOP chair of the House Redistricting Committee, is just the first draft, and it will likely change as it makes its way through the legislative process before it’s signed into law by Gov. Greg Abbott.

The Texas Legislature is in the midst of its third special session. This one is dedicated to redrawing political maps based on the latest census data that showed people of color fueled 95% of Texas’ population growth over the past decade. The percent of Hispanics is now nearly equal to white people in Texas.

But, the new map creates fewer districts where Black and Hispanic people make up a majority of eligible voters. Black and Hispanic Texans make up two racial groups that along with Asian Texans outpaced the growth of white residents in the state over the last decade.

Currently 83 of the chamber’s 150 districts are areas in which white residents make up a majority of eligible voters; 33 are districts where Hispanic voters make up the majority, while Black residents are the majority of eligible voters in seven districts.

Under the new proposal, the map adds six more districts where white residents make up the majority of eligible voters while the number of Hispanic and Black districts would each drop by three.

The proposed map would also change the partisan breakdown among the 150 districts, tilting the scale toward Republicans.

Currently, there are 76 districts that went to former President Donald Trump during the 2020 general election while 74 went to President Joe Biden. Among those, 50 districts voted 60% or more for Trump, — indicating the district is safely Republican — while 40 districts had more than 60% support for Biden — indicating strong Democratic support. Under the proposed new map, 86 districts would have gone for Trump, while 64 would have went for Biden. The number of districts that voted 60% or more for Trump or Biden would be tied at 46.

All the data for this plan is here, and the current State House map is here. I wrote about the other maps here: SBOE, State Senate (updated), Congress. For a good initial look at the partisan breakdowns and who is getting paired with whom, see Patrick Svitek and Derek Ryan. Note that Ryan uses a different formula to calculate the partisan strength of a district; by hit metric, Dems would be favored in 65, not 64 of them.

Couple of thoughts and observations:

– Harris County remains with 24 districts, not 25 as it had in 2001-2011. El Paso goes from having five full districts to four full districts plus a piece of HD74. Fort Bend gains a district, Travis gains a piece of the very Republican HD19; that district number used to be in east Texas, held by Rep. James White who is going for a promotion, and is now split into multiple other districts. Denton goes from four full districts to four plus a partial, while Collin goes from four plus a partial to five plus a partial; HD57 moves from east Texas to Denton, HD60 moves from west-ish Texas to Collin. HD76 moves from El Paso to Fort Bend.

– Rep. Erin Zwiener, whose HD45 had been Hays plus Blanco counties, is now shown in the very Republican HD73, which is Comal plus a piece of Hays; the new HD45, shown as having no incumbent at this time, is the rest of Hays. It’s also pretty Democratic, and I’d guess Rep. Zwiener will be househunting soon, if there are no changes to this piece of the map.

– Rep. Ryan Guillen’s HD31 was already the most Trumpy Dem-held district, and it’s the most Republican district held by a Dem, followed by Rep. James Talarico’s HD52. There’s one Republican-held district that now shows as clearly blue, and that’s Rep. Jeff Cason’s HD92 in Tarrant County. Not sure what he did to anger the redistricting gods.

– On a personal note, the Heights has been reunited in one district, HD145, after a decade of being split between HDs 145 and 148. I need to check this for the Senate map as well, to see if the SD06/SD15 dichotomy is still there.

– I’m sure there will be changes to this map, and as the story notes there are some unhappy Republicans; it’s nearly impossible to satisfy everyone, and the needs of the many etc etc etc. For what it’s worth, using Derek Ryan’s metrics, there are 18 districts where the Republican vote is between 40 and 50 percent, and 31 districts with the Republican vote between 50 and 60 percent. Nearly all of the latter are in the places that have been trending Democratic – Harris, Dallas, Bexar, Collin, Denton, etc. A few of the former include South Texas districts that went the other way in 2020, but most of the rest are like the first group. I’ve said many times that the Republicans had to decide what their risk appetite was, and they have. If the current trends don’t at least slow down for them, this could really blow up on them.

I’m sure they’re aware of that, and they have a plan, or at least a hope, to hold on to enough of what they have to stave off disaster. All of this is without addressing the obvious racial inequities in the map, of which I’m sure we’ll hear plenty as the lawsuits begin to get filed. It’s never boring at this time of the decade, that’s for sure.

A little sandbagging from the SOS on the fraudit

Who’s running this show?

In the five days since the Texas secretary of state’s office announced it is auditing the 2020 general election in four counties, local officials indicated they were in the dark about what the reviews would entail.

Now, they’ve learned they cover some of the standard post-election procedures local officials are already required to undertake.

On Tuesday night, the state agency that oversees elections offered the first glimpse of what it has dubbed a “full forensic audit” of the election in Harris, Dallas, Tarrant and Collin counties, but it appears the scope of the effort may be more limited than what the term may suggest. The secretary of state’s documentation explaining the parameters of the reviews notes the first phase includes partial manual counts of ballots and security assessments, which all counties are already required to undergo.

The second phase, which is slated for “spring 2022,” will be an examination of election records “to ensure election administration procedures were properly followed.” That includes reviews of records of voting machine accuracy tests, rosters for early voting, forms detailing chain of custody for sealed ballot boxes and other election materials maintained by the counties.

But the secretary of state also indicates it will review records that counties already provide to the office, including the “reasonable impediment declarations” filled out by voters who indicate they lack one of the photo IDs the state requires voters to present to cast a ballot.

[…]

Officials in Harris County on Tuesday morning indicated they remained unaware of what the audits would cover despite comments by Abbott that the reviews “actually began months ago.” Now, it appears the governor was, at least in part, referring to processes counties are separately required by law to complete.

For example, the partial manual counts of ballots listed under the first phase of the reviews must be conducted within 72 hours of polls closing after every single election.

The reviews also provoked criticism that invoked the politically driven election review in Arizona that has been mired by ineptitude and described by the Arizona secretary of state as an exercise plagued by “problematic practices, changing policies, and security threats.” The report of the Arizona review, which confirmed President Joe Biden won the state, was compiled by Cyber Ninjas, a contractor that received $5.7 million from pro-Trump groups to fund the audit.

In releasing the details about the reviews, a spokesman for the secretary of state emphasized the office would not be “hiring or contracting with an outside firm to conduct these audits.”

See here and here for the background. I guess it’s good that we’re not throwing millions of dollars at a bunch of pro-Trump grifters who will come in and do a lot of damage, but the word for all this is still “pathetic”. If the purpose was to take these existing actions and package them as a true fraudit, so as to appease their god-king, it didn’t work.

Gov. Greg Abbott is failing to appease some inside his party — including former President Donald Trump — with the “forensic election audit” that the state announced Thursday.

Trump released a letter to Abbott on Thursday urging him to add audit legislation, which could allow a review of mail-in and in-person ballots across the state, to the agenda for the current special session agenda. Instead, the secretary of state’s office announced later that day that it was already starting to audit the 2020 election results in four of the state’s biggest counties.

In a new statement to The Texas Tribune on Wednesday, Trump said it is “a big mistake for Texas” not to pass the audit legislation, House Bill 16 by Rep. Steve Toth, R-The Woodlands.

“By allowing the Democrats to do what they do, it will make it much harder for the Governor and other Republicans to win election in 2022 and into the future,” Trump said. “Texas is a much redder state than anyone knows, but this is the way to make sure it turns blue.”

Trump assumes, with quite a bit of justification, that he can get Abbott to roll over and supplicate himself further. There’s only one reasonable response to this.

A resolution from Harris County Judge Lina Hidalgo denouncing the election audits for 2020 election results in four large Texas counties passed Tuesday night 3 to 2, with Democrats in favor and Republicans against.

Hidalgo has called the audit, which centers on Harris, Dallas, Tarrant and Collin counties, a “sham” and a political maneuver to fuel conspiracy theorists who keep pushing the false narrative that Donald Trump won the 2020 election.

[…]

Harris County Commissioner Tom Ramsey was one of the two Republicans who voted against the resolution Tuesday night, arguing “transparency is not a bad thing.”

A few days prior to the resolution, Hidalgo warned continuing the conversation around election results “lends some credence” to conspiracy theories that fraud exists.

“These are the kinds of folks that stormed the capital. They are not going to be persuaded that their conspiracy theories are false,” Hidalgo said in a Sunday Twitter video. “It can’t be that the strategy of one party is to burn it all to the ground when their candidate doesn’t win. That’s how you tear down a country, that’s how you tear down a democracy.”

Lina Hidalgo is a strong and competent leader. Greg Abbott is not. And Tom Ramsey is as much a disgrace as Abbott is. Draw him out of his undeserved position, y’all.

Initial Senate and SBOE maps approved by committee

Still a lot of changes likely to come.

A panel of lawmakers on Tuesday advanced draft maps of the Texas Senate and State Board of Education, sending both to the full upper chamber for further debate.

The maps, both authored by state Sen. Joan Huffman, a Houston Republican who leads the Senate Special Redistricting Committee, will likely see further changes before the Legislature sends them to Gov. Greg Abbott’s desk for the signature. The initial drafts of both maps have so far attempted to strengthen Republican majorities by protecting incumbents and creating more GOP-friendly districts.

Senate Bill 4, the draft of the Senate’s 31 district map, was tweaked by lawmakers before the chamber’s redistricting committee approved it along a 12-2 vote.

One of the more notable changes, offered in amendments by Huffman, involved Senate District 10, which is represented by state Sen. Beverly Powell, D-Burleson. In the latest draft, the district — which is currently contained in Tarrant County and voted for President Joe Biden during the 2020 general election — was redrawn to include parts of the more conservative Parker and Johnson counties as well as other GOP-leaning surrounding areas in the state. The Senate’s first draft would have included parts of Tarrant County along with Parker and Johnson counties.

After that first draft was released, Powell argued that the proposed map would be “a direct assault on the voting rights of minority citizens in Senate District 10 and, if adopted, it would be an act of intentional discrimination.” At the time, Powell said the latest census data showed that her district’s population was already “nearly ideal” — but on Tuesday, Huffman said that neighboring districts had to also be accounted for before emphasizing that her proposals had been “drafted blind to racial data.”

Another change before Tuesday’s vote involved Senate Districts 22 and 23, which are represented by state Sens. Brian Birdwell, R-Granbury, and Royce West, D-Dallas, respectively. The amendment, authored by West but laid out by state Sen. Judith Zaffirini, D-Laredo, would swap several precincts between the two districts, including some in Tarrant County from Senate District 22 to 23. Zaffirini said the move would keep both districts within the acceptable population deviation.

See here for the background on the Senate maps. You can see the initial map here and the committee substitute map that was approved here, with more data on the plan here. SD10, which as noted goes from having some of Tarrant plus all of Parker and Johnson to having some of Tarrant, some of Parker, all of Johnson and all of a few smaller counties west of there, is the main difference. As noted, the House still gets to have input – by tradition, each chamber gets first crack at its own map – so expect further changes.

In addition, there may be some complaints from unexpected places.

Montgomery County commissioners urged the Texas Legislature to reconsider the proposed redrawing of state congressional maps that would dilute the county’s conservative representation by adding a third senate district.

County Judge Mark Keough said he traveled to Austin last week to express the county’s “disapproval” of the redistricting plan.

[…]

Currently, Keough explained, Montgomery County has two senate districts. However, the proposed changes would add a third district that would divide Magnolia and extend Harris County districts into Montgomery County.

“We are deeply concerned about this as we move forward,” Keough said.

The story keeps talking about the Congressional map while these MoCo folks are whining about the Senate map; it’s annoying and confusing. The current Senate map has SDs 03 and 04 in Montgomery, while the new maps move SD03 out and move pieces of SDs 07 and 17 in, to bolster those incumbents from the ravages of a bluer Harris County. Their complaints had no effect on the committee, but there’s still time for them to make a case to the rest of the Lege.

Back to the Trib story:

The committee unanimously approved the draft of the State Board of Education map on Tuesday, without amendments. The board is a 15-member, majority Republican body that determines what millions of public school students in the state are taught in classrooms. Nine Republicans and six Democrats currently sit on the board.

The current version of that map did not make any changes to the racial breakdown of the board’s 15 districts — based on eligible voters, Hispanic residents make up a majority in three of those districts, 10 districts with white majorities and two have no majority.

See here for the background on the SBOE map, whose demographic breakdown makes no sense to me, but here we are. Maybe this time it will be part of the inevitable litigation.

More on the fraudit

My God, Greg Abbott is a wimp.

Donald Trump’s letter to Texas Gov. Greg Abbott demanding he pursue an “audit” of the 2020 election set off a “mad dash” in the governor’s office as aides sought to figure out just how serious the former president was, according to two sources familiar with the situation.

In the letter, Trump called on Abbott to hold a “Forensic Audit of the 2020 Election” and pass HB 16, a bill recently filed in the Third Special Session of the Texas legislature, which would allow for an Arizona-style “audit” of the presidential election.

“Despite my big win in Texas, I hear Texans want an election audit!” Trump wrote in a public letter addressed to Abbott on Thursday. “Texas needs you to act now. Your Third Special Session is the perfect, and maybe last, opportunity to pass this audit bill. Time is running out.”

Just hours after Trump released the letter, a statement was put out by Sam Taylor, assistant secretary of state for communications, who said the office had “already begun the process” of reviewing 2020 votes in the state’s two largest Democrat and two largest Republican counties: Dallas, Harris, Tarrant and Collin. Trump only won Collin County, and Biden won Dallas, Harris and Tarrant counties in 2020.

During an interview with “Fox News Sunday,” Abbott said that the audits “began months ago”— a statement that echoed the claim made by the office of the secretary of state.

“State audits conducted by the Texas Secretary of State’s office have already been underway for months,” Renae Eze, press secretary for the governor, said in a statement. “Under federal law, county election officials only have to keep these materials for 22 months, and it is imperative that all aspects of elections conducted in 2020 are examined before the counties clear out these materials in September 2022.”

But in reports from both the Texas Tribune and CNN, local officials in counties targeted by the “audit” said they had not learned of the review until Thursday’s statement from the secretary of state’s office.

And behind the scenes, the Texas governor’s office was caught off guard by Trump, whose letter made no mention of “audits” already underway. There had not been contact between Trump and Abbott ahead of the release, and Abbott’s office was uncertain if they could meet Trump’s demands to pass HB16 without complicating the legislative agenda. One Texas political aide familiar with how the process played out said, “The secretary of state‘s decision to call for audits in the four largest counties in Texas was predicated on Trump’s statement mentioning Gov. Abbott.”

“There was a mad dash to determine if Trump was actually being serious with his statement and it was decided this was the best route to take without blowing up the special session,” the aide said.

The scramble among Abbott’s team to placate the president illustrated the degree to which Trump and his election conspiracies continue to set the rules of engagement for virtually all other GOP elected officials.

See here for the background. I wish I had something thoughtful to say, but I don’t. This isn’t really a situation that calls for calm analysis. It requires calling a thing what it is, and that is to say that this is a disgrace and an embarrassment. Greg Abbott is a sniveling coward.

In the meantime, someone owes us some answers about this crap.

The top civil lawyer for Texas’s most populous county issued a records demand seeking information on the origins of Gov. Greg Abbott’s (R) so-called “forensic audit” plans, including any communications between the secretary of state’s office and surrogates for former President Donald Trump.

“Governor Abbott and the Secretary of State are telling the public that this ‘audit’ has been going on for months, but this is the first time the County’s heard anything about it,” Harris County Attorney Christian D. Menefee wrote in a statement. “They’re on the news and issuing press releases about this ‘audit’, talking to everyone about it but us.”

“The administration has told us nothing about the purpose of or legal basis for this audit, what they’re requesting, or what the process will be,” Menefee added. “It’s my job to advise the County and the Elections Administrator on how to respond. I can’t do that without this basic information that neither the Governor nor the SOS has shared.”

In his two-page letter, Menefee addresses his records demand to the office of Texas’s Secretary of State, which is currently vacant. Menefee addressed the letter to the general mailbox for that office’s general counsel, requesting 14 categories of information.

Two of those categories relate to the governor’s office: One seeks “[a]ll communications between the SOS office and the Office of the Texas Governor or the Office of the Lieutenant Governor related to a complaint, allegation of fraud or misconduct, request for investigation or review, or question received by the SOS office regarding the November 2020 General Election in Harris County.”

The other demands “[a]ll communications between the SOS office and the Office of the Texas Governor or the Office of the Lieutenant Governor related to the ‘forensic audit’ of the November 2020 General Election in Harris County announced by the SOS on September 23, 2021 (as the SOS office’s announcement explicitly states the department ‘has already begun the process,’ this request also seeks communications dated prior to September 23, 2021).”

You can see the full letter embedded in the story. I fully expect this request to be stonewalled, and for Ken Paxton to slime his way in to defend not turning anything over. But it’s vital that we get as much information about this travesty and the ways in which our government has conspired to try to placate Donald Trump. This is what we elected Christian Menefee for. I have faith he is up to the task.

UPDATE: Hilarious and pathetic at the same time:

Someone who was his own person would be able to articulate what was happening in an accurate way. Someone who is a sock puppet, well. You know.

So we have a fraudit

What a load of crap.

The Texas secretary of state’s office announced late Thursday that it has begun a “full forensic audit” of the 2020 general election in four Texas counties: Collin, Dallas, Harris and Tarrant. But the statement from that agency did not explain what prompted the move.

There has been no evidence of widespread voter fraud in Texas in 2020.

Sam Taylor, a spokesperson for the office, did not immediately respond to a request for comment. No elections officials in the four counties immediately responded for comment.

The announcement came hours after Republican former President Donald Trump requested Gov. Greg Abbott add an election audit bill to this year’s third special session. While Trump lost his reelection bid, he did win in Texas.

It was unclear if his request was related to the announcement from the secretary of state’s office. But Taylor’s press release said the agency has “already begun the process in Texas’ two largest Democrat counties and two largest Republican counties—Dallas, Harris, Tarrant, and Collin.” While Tarrant has long been a Republican stronghold, Democratic President Joe Biden narrowly beat Trump there, according to the county’s election results.

Former Secretary of State Ruth Ruggero Hughs, who oversaw the 2020 elections, resigned when the Texas Senate refused to confirm her appointment. A deputy for Hughs called the 2020 election “smooth and secure” earlier this year.

Who knows what any of this even means, or what safeguards are in place to ensure integrity and transparency. I’d say that this was a rogue official going off on their own, but I think we all know that when Donald Trump tells a weak leader like Greg Abbott to do something, Abbott will comply.

In the meantime, county officials have responded, for the most part appropriately.

Harris County leaders on Friday blasted the Texas secretary of state’s decision to conduct a comprehensive “forensic audit” of the 2020 election in four counties, including Harris, as a political ploy to appease conspiracy theorists and former President Donald Trump.

County Judge Lina Hidalgo accused Gov. Greg Abbott of trying to curry favor with the former president, who on Thursday called for an audit of the Texas results, despite comfortably carrying the state in his unsuccessful bid for re-election. She likened the effort to audits in Arizona and Pennsylvania, which have failed to find major errors in vote tallying.

There is no evidence of widespread fraud or irregularities in Harris County’s 2020 election, where a record 1.7 million voters participated.

“This does not deserve to be treated as a serious matter or serious audit,” Hidalgo said. “It is an irresponsible political trick. It is a sham. It is a cavalier and dangerous assault on voters and democracy.”

Precisely who ordered the audits of election results for Harris, Dallas, Collin and Tarrant counties, as well as what they would entail, remains a mystery. The Secretary of State’s Office distributed a news release Thursday evening, though the secretary of state post has been vacant since May and spokesman Sam Taylor did not respond to a request for comment.

I’d forgotten that we don’t actually have a Secretary of State right now. I guess that “audit” must have gotten started on its own. Probably a computer glitch somewhere.

County Elections Administrator Isabel Longoria said she was surprised by the secretary of state’s announcement, noting she had spoken with that office’s staff hours earlier about an unrelated matter. Longoria said no state agency or department has provided her with any information about how the audit of Harris County’s election results will be conducted.

After the 2020 contest, Longoria said her office conducted a partial manual review of mail ballots and electronic records from voting machines. Eleven months later, Longoria said she has turned her attention toward preparing for future elections.

“I’m now being blindsided about an audit that we have no information on and no direction on,” Longoria said. “My job is protect the voters… not just open up the books to whoever has a new conspiracy of the day, and let you run rampant with confidential election records.”

County Attorney Christian Menefee said the Texas audit “is clearly being done in bad faith” since it was announced just hours after Trump requested it. All three Harris County officials said they will comply with the law and any potential rulings from judges, but would otherwise not take the audit effort seriously.

“The goal of this is to intimidate our election workers and the folks who volunteer in elections, to undermine our confidence in democracy and to pander to … a gentleman who lost an election 11 months ago,” Menefee said. “We’re going to continue to push back where appropriate.”

Commissioners Court is divided over party lines on the audit. The two Democratic commissioners, Adrian Garcia and Rodney Ellis, said they agreed with Hidalgo’s criticism. Republican Precinct 3 Commissioner Tom Ramsey said despite county elections officials’ assurances that the 2020 contest was conducted securely, he does not know if that is accurate.

“I think there’s enough questions there,” Ramsey said. “Obviously, you need to go back and look at the numbers. Just because there hasn’t been anything (found) at this point, doesn’t mean it didn’t happen. That’s why you do an audit.”

OK, I’m back on the “redistrict that guy into oblivion” train. Harris County deserves way better than that.

Not just our county officials, either.

“The conspiracy theorists who want to come up with all these ways or reasons why this election wasn’t right — they might very well find something else [to doubt],” said Republican Tarrant County Judge Glen Whitley. “It’s time to move on.”

Whitley and officials in Harris also said they have not been told what the audits entail or what prompted them. They said they learned about them from a late Thursday press release sent by a spokesperson in the secretary of state’s office. Harris County Attorney Christian Menefee said an audit can have many forms, but Harris County elections administrator Isabel Longoria said her office hadn’t heard any details of what the state’s plans are as of noon Friday. Longoria said the county has already confirmed the results of the elections several times.

“If people want to hear it again and again and again and again, that nothing’s wrong — great,” she said. “But at what point are you going to be willing to hear the truth, that nothing was wrong with the November 2020 elections?”

[…]

Dallas County Judge Clay Jenkins, a Democrat, echoed Hidalgo’s remarks.

“This is a weak Governor openly and shamelessly taking his orders from a disgraced former President. Governor Abbott is wasting taxpayer funds to trample on Texans’ freedom to vote, all in order to appease his puppeteer,” Jenkins said over text message.

Jenkins said in an interview that Dallas County will not resist the audit for now — but if the state asks for more than what the county thinks is suitable under the election code, he could see challenging it in court.

Collin County had no comment at the time. Courage, y’all.

I’m sorry, I don’t have anything coherent to say about this. It’s bullshit all the way down, and I have a hard time taking its premise seriously enough to engage with it. But I will say this much, these guys have amazing timing.

On Friday afternoon, the leaders of the unorthodox 2020 election audit in Arizona announced the results of their monthslong, Trump ally–sponsored hunt for voter fraud in Maricopa County, which Joe Biden won by fewer than 11,000 votes out of millions cast.

The timing of the release hints at the significance of the audit’s findings. For months, Donald Trump has been billing the investigation as the thing that will provide definitive proof of his victory in Arizona. If the audit was going to show that the election was stolen from Trump by Democratic goons in cactus-covered antifa ski masks, why release it late on a Friday afternoon at a time usually reserved for dumps of information people want to go uncovered?

leaked report on Thursday evening offered an answer. The ballyhooed and controversially conducted hand count of nearly 2.1 million Maricopa County ballots still showed Biden defeating Trump, and though the margin changed by 360 votes it was actually Biden whose margin of victory grew from 45,109 to 45,469.

“This is yet the latest in a string of defeats for Donald Trump saying the election was rigged and fraudulent,” longtime Republican election attorney Benjamin Ginsberg said in a press call with the elections group States United. “[This] was their best attempt. This was an audit in which they absolutely cooked the procedures, they took funding from sources that should delegitimatize the findings automatically. This was Donald Trump’s best chance to prove his allegations of elections being rigged and fraudulent and they failed.”

It turns out that not even a partisan-funded and -conducted recount using procedures out of a Pee Wee Herman film could change the outcome. “The Cyber Ninjas couldn’t do the thing they were on the hook to do,” said cochairman of States United Norm Eisen.

I look forward to a similar result in Texas. Daily Kos and NPR have more.

Here’s your first proposed Senate map

Behold. This dropped on Saturday afternoon while normal people were running errands or watching college football, so commentary and coverage is limited at this time. Here’s one view:

Other data is here. I don’t see past election results, but it’s clear at a glance that SD10 would become Republican. As for the rest, and for other maps, we’ll have to see. Even with more sophisticated technology, the first map is never the final map, so expect to see some variations soon. Thanks to Reform Austin for the heads up.

UPDATE: Here’s coverage from the Trib. Sen. Powell, who is clearly targeted by this map, is not happy about it.

State Sen. Beverly Powell, D-Burleson, immediately called foul on the initial draft of the map, which was authored by Sen. Joan Huffman, R-Houston, who chairs the Senate Redistricting Committee.

“The proposed State Senate map is a direct assault on the voting rights of minority citizens in Senate District 10 and, if adopted, it would be an act of intentional discrimination,” she said in a statement. “The 2020 census revealed the population of Senate District 10 is nearly ideal. There is no need to make any changes to district lines. Moreover, since 2010, the minority population percentage within the district increased dramatically while the Anglo percentage has dropped. The changes now proposed are intended to silence and destroy the established and growing voting strength of minority voters in Tarrant County.”

[…]

Since the enactment of the Voting Rights Act in 1965, Texas has not made it through a single decade without a federal court admonishing it for violating federal protections for voters of color.

“The release of the proposed map is only the beginning of the fight. I’m proud to be the candidate of choice of minority citizens in Senate District 10 and will do everything within my power to stop this direct, discriminatory, and illegal attack on their voting rights,” Powell said.

She has a point, and then-Sen. Wendy Davis was able to negotiate a settlement last decade that took the Senate map out of the litigation. I just don’t expect her to get much reception from the courts.

Just a reminder, no one is enforcing Abbott’s mask mandate ban

In case you had forgotten.

While Republican Gov. Greg Abbott is speaking out against mask mandates in schools and suing to stop some Texas school districts from enacting them, in reality his order banning such mandates has gone largely unenforced — so much so that the federal government doesn’t consider it active.

Abbott threatened $1,000 fines for officials who try to impose mask mandates, although no such fines have been handed down. And if he wanted to, Abbott could send state troopers or deputize the Texas National Guard to enforce his order, as he has done on the border, but he hasn’t. Texas Attorney General Ken Paxton, meanwhile, has a published list of 71 non complying cities, counties and school districts; is fighting in court with at least six of them and sent letters threatening more legal action to others.

But in the court filings from the lawsuits, Paxton has acknowledged that neither he nor Abbott will directly enforce the ban on mask mandates, instead leaving it to local district attorneys, some of whom are already on-record saying that they don’t intend to prosecute.

Abbott’s own Texas Education Agency on Aug. 19 said that the ban on mask mandates would not be enforced until the courts have resolved legal challenges to his authority to do it. And the federal Department of Education chose Monday not to open an investigation into the matter in Texas, even as it launched probes of five other states with active bans.

[…]

The five largest counties in the state are Harris, Dallas, Tarrant, Bexar and Travis. The district attorneys for Harris and Bexar counties have already announced they don’t intend to prosecute school districts over mask rules, and a prosecutor with Travis County said the office would remain focused on violent crime, although they would evaluate the situation on a case-by-case basis.

Tarrant County did not respond to a request for comment, and a spokeswoman for Dallas County said: “This issue is working its way through the civil courts. At this point in time — until that’s concluded and depending on how that’s concluded — there’s no reason to consider a position on that.”

On Monday at a House Public Education Committee hearing, Rep. Steve Allison, a San Antonio-area Republican, acknowledged there’s “an appearance of dysfunction” in government right now over the mask orders and Abbott’s ban.

See here and here for the background. I’m not sure why the Travis and Dallas DAs are being so equivocal, but it doesn’t really matter. There’s no way they’ll prosecute anyone over this, not if they want to avoid having their asses handed to them in the next primary election. We all know this is about Greg Abbott trying to look macho for the Republican primary voters. There’s no need to help him with that in any way.

Harris County gets its restraining order against Abbott

Step one.

A judge in Travis County on Friday granted Harris County a temporary restraining order, blocking Gov. Greg Abbott’s ban on local COVID-19 restrictions.

The decision by Judge Jan Soifer of the 345th Civil District Court provides legal cover for the county health department, which Thursday issued a mask mandate for schools and day care centers at the direction of County Judge Lina Hidalgo.

“While this decision is temporary, it’s a victory for residents in Harris County who are concerned about this public health crisis,” County Attorney Christian Menefee said in a statement. “We need every tool at our disposal to stop the spread of COVID-19, including masks and other measures that are proven to slow the spread.”

A handful of area school districts, including the Houston, Spring, Aldine, Galena Park and Galveston Independent School Districts, have issued mask mandates. Others said they were waiting to see how the legal battles between the state and local officials are resolved.

[…]

[Harris County Judge Lina] Hidalgo on Aug. 5 moved the county to its highest pandemic threat level, which urges unvaccinated residents to stay home and avoid unnecessary contact with others. She said masks are particularly important in schools because children under 12 cannot yet be vaccinated, which health officials agree is the best defense against COVID-19.

Harris County’s order also requires schools to notify parents when a student comes into contact with someone who tests positive for the virus; the Texas Education Agency advises but does not mandate this.

“At this point, public health interventions like masking, contact tracing and notifications in schools remain (children’s) only protection against the virus,” Hidalgo wrote in a letter to superintendents Tuesday.

In his lawsuit, Menefee said the governor had exceeded the authority given to him by the Texas Disaster Act of 1975, which, he argued, allows Abbott to suspend laws only in certain circumstances.

Abbott and Attorney General Ken Paxton, who was also named in the suit, are almost certain to appeal. The pair pledged in a joint statement Wednesday to sue any “school district, public university or local government official” who violates the governor’s executive order.

Randall Erben, a professor of the University of Texas School of Law, said Abbott has broad powers under the Disaster Act. This situation is unique, said Southern Methodist University law professor Nathan Cortez, because the governor is attempting to limit, rather than enhance, the government’s response to a disaster.

See here for the background, and here for a story about what other area ISDs are doing. I can’t blame any of them for waiting to see how the litigation winds up before changing course, though I would strongly encourage them to be as forcefully on the side of protecting their students and teachers and staff as much as possible.

As noted before, Abbott and Paxton are now appealing the lower court orders that allowed for the mask mandates to go forward for now. So far that isn’t going well for them, either, though that comes with an asterisk:

Yeah, we know that’s where this is going, and there’s no particular reason to be optimistic. It should also be noted that a district court judge in Tarrant County issued a TRO blocking the Fort Worth ISD’s mask mandate in response to a suit filed by some parents. That was a Republican judge, though there was more to the case than just the executive order. It’s not hard to see the partisan split, though. Still, every loss Greg Abbott suffers, even if transitory, is worth it.

Precinct analysis: State House district changes by county

Introduction
Congressional districts
State Rep districts
Commissioners Court/JP precincts
Comparing 2012 and 2016
Statewide judicial
Other jurisdictions
Appellate courts, Part 1
Appellate courts, Part 2
Judicial averages
Other cities
District Attorney
County Attorney
Sheriff
Tax Assessor
County Clerk
HCDE
Fort Bend, part 1
Fort Bend, part 2
Fort Bend, part 3
Brazoria County
Harris County State Senate comparisons
State Senate districts 2020
State Senate district comparisons
State House districts 2020, part 1
State House districts 2020, part 2
Median districts
State House district changes by demography

One more look at how state house districts have changed over the decade. For this exercise, I’m going to look at some key counties and the State Rep districts within them.

Bexar:


Dist  12-16R  12-16D  16-20R  16-20D  12-20R  12-20D Dem net
============================================================
122   -1,304  10,628  12,204  21,091  10,900  31,719  20,819
121   -4,020   6,534   6,059  15,078   2,039  21,612  19,573
116     -583   6,014   3,546  10,281   2,963  16,295  13,332
117    4,532   8,828  14,927  22,921  19,459  31,749  12,290
123   -1,427   5,225   3,742   9,272   2,315  14,497  12,182
124      330   5,077   5,877  11,756   6,207  16,833  10,626
125   -1,081   4,378   4,753   9,350   3,672  13,728  10,056
120     -184     863   4,503  10,856   4,319  11,719   7,400
119    1,062   3,428   6,041  10,507   7,103  13,935   6,832
118    1,391   3,719   6,633   7,790   8,024  11,509   3,485

Bexar County doesn’t get the props it deserves for contributing to the Democratic cause. Each of its ten districts became more Democratic in each of the two Presidential cycles. Where Bexar had gone 51.56% to 47.04% in 2012 for Obama, it went 58.20% to 40.05% for Biden. Obama had a net 23K votes in Bexar, while it was +140K votes for Biden. The two districts that shifted the most heavily towards Dems are the two Republican districts (HD117 went Republican in 2014, then flipped back in 2016), with Biden carrying HD121 as Beto had done in 2018, and HD122 coming into focus as a potential long-term pickup (modulo redistricting, of course). Both HDs 121 and 122 were over 60% for Romney, with HD122 at almost 68% for him. Both can and surely will be shored up in the next round of mapmaking, but the long term trends don’t look good for the Republicans holding them both.

Tarrant:


Dist  12-16R  12-16D  16-20R  16-20D  12-20R  12-20D Dem net
============================================================
092   -1,102   3,986   4,166  13,144   3,064  17,130  14,066
094   -3,344   2,238   2,655  10,231    -689  12,469  13,158
096      821   4,468   6,527  15,522   7,348  19,990  12,642
098     -489   6,891   8,798  13,948   8,309  20,839  12,530
097   -3,267   3,654   6,147  11,472   2,880  15,126  12,246
101     -734   3,487   4,523   9,808   3,789  13,295   9,506
093    2,751   5,180   9,984  15,697  12,735  20,877   8,142
091      401   2,489   5,437   8,897   5,838  11,386   5,548
090     -180   2,391   3,170   5,496   2,990   7,887   4,897
095     -613  -2,745   2,727   7,752   2,114   5,007   2,893
099    2,757   3,282   9,686  11,208  12,443  14,490   2,047

I know everyone sees Tarrant County as a disappointment in 2020. Beto broke through in 2018, we had a bunch of close districts to target, and the Republicans held them all even as Biden also carried Tarrant. The point here is that Democrats made progress in every district, in each cycle (the dip in predominantly Black and heavily Democratic HD95 in 2016 notwithstanding). That includes the strong Republican districts (HDs 91, 98, and 99), the strong D districts (HDs 90, 95, and 101), and the five swing districts. Tarrant will be another challenge for Republicans in redistricting because like in Harris they have mostly lost their deep red reserves. HD98 went from being a 75% Romney district to a 62% Trump district last year. They can spread things out a bit, but remember what happened in Dallas County in the 2010s when they got too aggressive. I’m not saying that’s what will happen in Tarrant, but you can see where the numbers are.

Collin:


Dist  12-16R  12-16D  16-20R  16-20D  12-20R  12-20D Dem net
============================================================
067   -3,022   8,595   6,135  19,411   3,113  28,006  24,893
066   -4,911   8,517   4,001  14,432    -910  22,949  23,859
089    1,038   6,667   9,980  17,338  11,018  24,005  12,987
033    4,656   8,268  18,234  20,233  22,890  28,501   5,611
070    7,648   8,675  21,284  25,686  28,932  34,361   5,429

Denton:


Dist  12-16R  12-16D  16-20R  16-20D  12-20R  12-20D Dem net
============================================================
065   -1,378   6,440   6,048  16,110   4,670  22,550  17,880
106    8,757  11,138  21,190  29,280  29,947  40,418  10,471
064    3,003   6,205   8,257  15,136  11,260  21,341  10,081
063    2,642   6,129  16,382  17,279  19,024  23,408   4,384

I’m grouping these two together because they have a lot in common. Both shifted hugely Democratic over the decade, in each case across all their districts. Both contain a district that was added to their county in the 2011 redistricting. HDs 33 (72-26 for Romney in 2012, 60-38 for Trump in 2020) and 106 (68-31 for Romney in 2012, 54-45 for Trump in 2020) were supposed to be super-red, but didn’t stay that way. I might have thought that the southernmost districts in each county – i.e., the ones closest to Dallas and Tarrant – would be the bluest, but that is not quite the case. HD65 is in southeast Denton, where it is almost entirely adjacent to HD115, but HD63 is the reddest district in Denton (61-37 Trump) and it is the other district on Denton’s south border, though it aligns almost perfectly with HD98, the reddest district in Tarrant. HD64 is the next most Dem district in Denton, and it’s in the northwest quadrant, catty-corner to HD65. I have to assume this is a function of development more than who its closest neighbors are; I’m sure someone who knows Denton better than I can comment on that.

In Collin, HDs 66 and 67 are on the southern end of that county, but so is HD89, where it abuts Rockwall County more than it does Dallas. HD70 is north of 67 and 89, and HD33 (which contains all of Rockwall County) is the outer edge of the county to the west, north, and east, dipping down into Rockwall from there. Both counties continue their massive growth, and I expect them to have at least one more district in them next decade. Republicans have more room to slosh voters around, but as above, the trends are not in their favor.

There are of course other counties that are growing a lot and not in a way that favors Republicans. Here are two more of them.

Williamson:


Dist  12-16R  12-16D  16-20R  16-20D  12-20R  12-20D Dem net
============================================================
136       52  10,901   7,842  22,330   7,894  33,231  25,337
052    2,422   8,335  11,479  22,872  13,901  31,207  17,306
020    7,373   2,895  20,820  14,926  28,193  17,821 -10,372

Fort Bend:


Dist  12-16R  12-16D  16-20R  16-20D  12-20R  12-20D Dem net
============================================================
026   -4,573   9,082   7,327  13,556   2,754  22,638  19,884
028    4,053  14,090  19,260  24,010  23,313  38,100  14,787
027     -461   4,708   6,324  13,724   5,863  18,432  12,569
085    2,908   5,495  10,258  10,161  13,166  15,656   2,490

HD20 also includes Milam and Burnet counties, and I suspect that’s where most of the Republican growth is. HD85 also includes Jackson and Wharton counties. The previous version of HD52 had flipped Dem in 2008, the first such incursion into the formerly all-red suburbs, before flipping back in 2010, but neither it (55-42 for Romney) nor the newcomer HD136 (55-41 Romney) were ever all that red. There were some maps drawn in the 2011 redistricting process (not by Republicans, of course) that carved HD26 out as a heavily Asian swing district (it went 63-36 for Romney as drawn), but it just needed time for the “swing” part to happen. Of the various targets from 2018 and 2020, it’s one that I feel got away, and I wish I understood that better.

Brazoria:


Dist  12-16R  12-16D  16-20R  16-20D  12-20R  12-20D Dem net
============================================================
029      496   8,084  10,828  15,387  11,324  23,471  12,147
025    1,759     215   8,293   3,874  10,052   4,089  -5,963

Galveston:


Dist  12-16R  12-16D  16-20R  16-20D  12-20R  12-20D Dem net
============================================================
024    2,403   3,959  13,045   8,928  15,448  12,887  -2,561
023    3,847     346  11,123   7,296  14,970   7,642  -7,328

Montgomery:


Dist  12-16R  12-16D  16-20R  16-20D  12-20R  12-20D Dem net
============================================================
015   -1,563   7,905  13,226  15,512  11,663  23,417  11,754
016    7,437   2,437  16,088   7,160  23,525   9,597 -13,928
003    7,758   1,807  17,456   8,286  25,214  10,093 -15,121

We’ve looked at these counties before, this is just a more fine-grained approach. Note that HD03 includes all of Waller County, HD25 includes all of Matagorda County, and HD23 includes all of Chambers County. HD23 was already Republican in 2012 when Craig Eiland still held it (Romney carried it 54.6 to 44.2) and while it has gotten more so since then (Trump won it 57.5 to 41.0), that has mostly been fueled by the Republican growth in Chambers. I did a quick calculation on the data from the Galveston County election results page, and Biden carried the Galveston part of HD23 by a slim margin, 29,019 to 28,896. (Republican rep Mayes Middleton won that part of the district 29,497 to 27,632, so this tracks.) The rest of Galveston, the northern part that’s all Houston suburb, is much more Republican, but like with these other two counties one can see a path forward from here. What to do about the likes of Chambers County, that’s another question.

HD29 in Brazoria should have been a target in 2018 but the Dem who won the primary dropped out of the race, and there was no traction that I could see there in 2020. I expect that district to get a little redder, but the same story as elsewhere applies in that the geographic trends are a force that won’t be stopped by boundary lines. As for Montgomery, there are your signs of progress right there. HD15 is still very red, but as I’ve said before, the first goal is to bend the curve, and we’re on the right track there. HD15 is basically the Woodlands and Shenandoah, just north of HD150, while HD03 wraps around it and HD16 is the north end of the county.

Lubbock:


Dist  12-16R  12-16D  16-20R  16-20D  12-20R  12-20D Dem net
============================================================
084     -474     873   4,124   6,975   3,650   7,848   4,198
083    3,359     242  12,224   5,141  15,583   5,383 -10,200

Smith:


Dist  12-16R  12-16D  16-20R  16-20D  12-20R  12-20D Dem net
============================================================
006       67     938   6,922   6,208   6,989   7,146     157
005    4,565  -1,293   9,646   2,832  14,211   1,539 -12,672

These two districts, on opposite ends of the state, may seem odd to be paired together, but they have a couple of things in common. Both contain one district that is entirely within its borders (HD06 in Smith, HD84 in Lubbock) and one district that contains the rest of their population plus several smaller neighboring counties (HD05 also contains Wood and Rains counties, while HD83 contains six other counties). Both have a city that is the bulk of of its population (the city of Lubbock has over 90% of the population of Lubbock County, while a bit less than half of Smith County is in the city of Tyler). And both provide a bit of evidence for my oft-stated thesis that these smaller cities in Texas, which are often in otherwise fairly rural and very Republican areas, provide the same kind of growth opportunity for Democrats that the bigger cities have provided.

Both HDs 06 and 84 were less red than Smith and Lubbock counties overall: Smith County was 69-30 for Trump, HD06 was 68-32 for Matt Schaefer; Lubbock County was 65-33 for Trump, and HD84 was 61-39 for John Frullo. I didn’t go into the precinct details to calculate the Trump/Biden numbers in those districts, but given everything we’ve seen I’d say we could add another point or two into the Dem column for each. HD84 shows a clear Democratic trend while HD06 is more of a mixed bag, but it’s still a slight net positive over the decade and a damn sight better than HD05. HD06 is not close to being competitive while HD84 is on the far outer fringes, but that’s not the main point. It’s the potential for Democratic growth, for which we will need every little contribution we can get, that I want to shout from the rooftops. The big cities and big growing suburbs are our top tier, but we’d be fools to ignore the places like Lubbock and Tyler.

Precinct analysis: State House district changes by demography

Introduction
Congressional districts
State Rep districts
Commissioners Court/JP precincts
Comparing 2012 and 2016
Statewide judicial
Other jurisdictions
Appellate courts, Part 1
Appellate courts, Part 2
Judicial averages
Other cities
District Attorney
County Attorney
Sheriff
Tax Assessor
County Clerk
HCDE
Fort Bend, part 1
Fort Bend, part 2
Fort Bend, part 3
Brazoria County
Harris County State Senate comparisons
State Senate districts 2020
State Senate district comparisons
State House districts 2020, part 1
State House districts 2020, part 2
Median districts

I return once again to doing cycle-over-cycle comparisons in vote turnout, in this case for State House districts. There are a lot of them, and I’m not going to do them all but I am going to do enough of them that I will split this into two parts. Part One, this post, will group districts by demographic groups. Part Two, to come later, will be to group them by counties of interest.

First up, just to ease ourselves in, are the four big urban districts that are Anglo, wealthy, highly college-educated, and swung hard towards the Democrats since 2012:


Dist  12-16R  12-16D  16-20R  16-20D  12-20R  12-20D Dem net
============================================================
134  -10,943  15,312   6,540  17,771  -4,403  33,083  37,486
047   -2,005  14,218  13,145  27,678  11,140  41,896  30,756
108   -5,942  12,553   8,628  17,929   2,686  30,482  27,796
121   -4,020   6,534   6,059  15,078   2,039  21,612  19,573

As discussed before, the columns represent the difference in vote total for the given period and party, so “1216” means 2012 to 2016, “1620” means 2016 to 2020, and “1220” means 2012 to 2020. Each column has a D or an R in it, so “1216R” means the difference between 2016 Donald Trump and 2012 Mitt Romney for the Presidential table, and so forth. In each case, I subtract the earlier year’s total from the later year’s total, so the “-9,951” for SD114 in the “1216R” column means that Donald Trump got 9,951 fewer votes in 2016 in SD14 than Mitt Romney got, and the “56,887” for SD14 in the “1216D” column means that Hillary Clinton got 56,887 more votes than Barack Obama got. “Dem net” at the end just subtracts the “1220R” total from the “1220D” total, which is the total number of votes that Biden netted over Obama. Got it? Good.

Despite the large swings, only the top two are now Dem-held. HD108 managed to remain in the hands of Rep. Morgan Meyer despite being carried by statewide Dems all the way down the ballot, while HD121 still remains somewhat Republican-leaning. I don’t know what magic Republicans have in mind for redistricting, but their hold on these voters is slipping away rapidly. I can’t emphasize enough that Mitt Romney got 60% of the vote in HD134 in 2012, and look at where it is now.

I’ve written plenty about these districts, and I could have included more of them in this table. Most of those you will see later. There’s not much to add except to say that this particular demographic shift has been a huge driver in the overall blue-ing of Texas, and especially of its most populated areas. I don’t know what the future holds, but I don’t see that changing in the near term.

When I mentioned that this post was a look at the districts by demographic groups, I assume your first thought was that I’d take a closer look at Latino districts. Well, here you go:


Dist  12-16R  12-16D  16-20R  16-20D  12-20R  12-20D Dem net
============================================================
051      425  10,783   4,422  19,073   4,847  29,856  25,009
102   -4,430   5,333   2,511  10,832  -1,919  16,165  18,084
148   -1,481   8,555   5,598  10,113   4,117  18,668  14,551
107   -3,023   4,566     718   7,532  -2,305  12,098  14,403
103      -96   7,314   3,535  10,357   3,439  17,671  14,232
116     -583   6,014   3,546  10,281   2,963  16,295  13,332
117    4,532   8,828  14,927  22,921  19,459  31,749  12,290
105   -2,249   4,377   2,900   8,547     651  12,924  12,273
078   -1,129   6,723   6,731   9,618   5,602  16,341  10,739
124      330   5,077   5,877  11,756   6,207  16,833  10,626
125   -1,081   4,378   4,753   9,350   3,672  13,728  10,056
079     -453   7,038   4,976   6,495   4,523  13,533   9,010
075    1,734  11,011   9,747   8,599  11,481  19,610   8,129
104     -777   3,881   2,743   6,042   1,966   9,923   7,957
077   -1,530   5,080   3,539   3,936   2,009   9,016   7,007
119    1,062   3,428   6,041  10,507   7,103  13,935   6,832
145   -1,306   5,575   5,291   5,038   3,985  10,613   6,628
090     -180   2,391   3,170   5,496   2,990   7,887   4,897
118    1,391   3,719   6,633   7,790   8,024  11,509   3,485
076     -260   5,039   3,826   1,635   3,566   6,674   3,108
140     -733   4,433   4,140   1,810   3,407   6,243   2,836
144   -1,051   3,577   4,044   1,480   2,993   5,057   2,064
041    1,664   6,820   8,617   5,201  10,281  12,021   1,740
143   -1,038   3,244   4,483   1,446   3,445   4,690   1,245
022   -1,261  -2,280   1,510   2,254     249     -26    -275
034      620     799   6,012   3,759   6,632   4,558  -2,074
038    1,533   4,706   9,344   2,945  10,877   7,651  -3,226
040    2,384   3,753   8,981   3,433  11,365   7,186  -4,179
037      969   3,764   7,324      36   8,293   3,800  -4,493
036    1,482   5,527   9,847    -480  11,329   5,047  -6,282
039    2,071   3,256   8,411     836  10,482   4,092  -6,390
035    2,007   2,358   8,961   2,163  10,968   4,521  -6,447
042      882   2,195   7,908    -323   8,790   1,872  -6,918
043    2,532     162   8,001   1,059  10,533   1,221  -9,312
080    1,959   1,789   9,567     127  11,526   1,916  -9,610
074    1,127   2,708   9,454  -2,185  10,581     523 -10,058
031    3,017  -1,816  13,479    -412  16,496  -2,228 -18,724

A couple of notes here. Defining “Latino district” is subjective, and I make no claim that my way is optimal. What you see above is almost all of the districts that are represented by a Latino member, plus HD80, which despite being majority Latino is still represented by Democrat Tracy King. I skipped HDs 49 (Gina Hinojosa) and 50 (Celia Israel) because the’re much more Anglo than Latino. HDs 102, 105, and 107 were held by non-Latino Republicans before being flipped by Democrats in 2016 and 2018. HD43 is held by the one Latino Republican in the House, JM Lozano, who won originally as a Democrat in 2008 and then changed parties after the 2010 election. HDs 79 and 90 were held by Anglo Democrats in 2012; Lon Burnam was primaried out by Rep. Ramon Romero in 2014, and Joe Pickett resigned following the 2018 election due to health challenges.

There’s a lot of data here, and I’ll try to keep this manageable. All the districts that showed a net gain for Dems over both elections are in Bexar, Dallas, El Paso, Harris, Travis (HD51), and Tarrant (HD90), plus HD41 in Hidalgo County. In Bexar, Dallas, and Tarrant, there were net gains in each cycle. In El Paso, there were big gains in 2016 and more modest gains in 2020, with the exception of HD75, which had a slight gain for Republicans in 2020. HD75 is the easternmost and thus most rural of the El Paso districts. It also still voted 66.5% to 31.9% for Biden in 2020, just for some perspective.

In Harris, all five districts gained in 2016, but only HD148 also gained in 2020. HD145 came close to breaking even, while HDs 140, 143, and 144 all moved towards Republicans; we saw this when we looked at the Harris County Senate districts and talked about SD06. This is the first of several places where I will shrug my shoulders and say “we’ll see what happens in 2022”. Honestly, I don’t know what to expect. We’ve discussed this topic numerous times, and as there are forces moving urban and college-educated voters towards Democrats, the same forces are moving rural and non-college voters towards Republicans. The biggest of those forces is Donald Trump, whose presence on the ballot helped Republicans in 2016 and 2020 but whose absence hurt them in 2018. We just don’t know yet what 2022 will bring.

Of the districts that had net Republican gains, HD22 is in Jefferson County (basically, it’s Beaumont; Dade Phelan’s HD21 has the rest of JeffCo plus Orange County) and HD34 is in Nueces County. Jefferson County has been slowly losing population over time, and I think that was a big driver of what happened with HD22. It’s also much more Black than Latino, and thus maybe is a better fit with the next data set, but it has long been represented by Rep. Joe Deshtotel, and this is the decision I made. Nueces County also has the Republican-held HD32 in it, and it showed a net Democratic gain of 1,576 votes over the two cycles, with most of that in 2016 but still a small Dem net in 2020. Its Latino voting age population is about 46%, nearly identical to its Anglo VAP. HD34 was one of the tighter districts even before 2020, and I figure it’s on the target list for Republicans in redistricting.

Most of the other districts are in Cameron, Hidalgo, and Webb counties, and while 2020 was a better year for Republicans in all of them, I don’t think that will necessarily be the case in 2022, a belief driven in part by the incumbency theory and in part by my own wishfulness. That said, as noted before the shifts were more muted downballot, with Trump outperforming other Republicans in those districts. I had my doubts about the durability of Democratic gains in 2016 because of the disparity between the Hillary numbers and the rest of the numbers, and I think it’s fair to have those same doubts here. We do know how it went in 2018, but as before Trump is not on the ballot in 2022. Which force is stronger? Have the underlying conditions changed? I don’t know and neither does anyone else at this time.

HDs 31, 74, and 80 are all cobbled out of smaller counties, and I have much less hope for them, but who knows what the combined effects of the freeze and the Abbott Wall will have. The main thing I took away from analyzing this data is that there was already a Republican shift in 31 and 74 in 2016 with a near miss in 80, though they all rebounded in a Democratic direction in 2018. How much of this was caused by new voters, and how much by swapping allegiances, those are big questions to ponder.

Let’s move on. These are the predominantly Black districts:


Dist  12-16R  12-16D  16-20R  16-20D  12-20R  12-20D Dem net
============================================================
046     -331   7,462   4,363  20,080   4,032  27,542  23,510
027     -461   4,708   6,324  13,724   5,863  18,432  12,569
147   -1,282   3,575   4,571   9,831   3,289  13,406  10,117
109     -914    -500   1,853  11,161     939  10,661   9,722
111   -1,449  -1,155   1,627   8,981     178   7,826   7,648
120     -184     863   4,503  10,856   4,319  11,719   7,400
100     -840    -537   2,107   7,799   1,267   7,262   5,995
142      294   2,093   4,685   8,804   4,979  10,897   5,918
131     -642   2,681   4,289   6,642   3,647   9,323   5,676
146   -1,653    -923   2,438   6,798     785   5,875   5,090
139   -1,290   1,216   4,826   6,786   3,536   8,002   4,466
095     -613  -2,745   2,727   7,752   2,114   5,007   2,893
141      218    -721   2,594   4,405   2,812   3,684     872
110     -101  -3,010   1,820   3,362   1,719     352  -1,367

HD27 is in Fort Bend, HD46 is in Travis (it’s also much more Latino than Black but has long been represented by a Black legislator, with Dawnna Dukes preceding Sheryl Cole; it is the inverse of HD22 in that way), HD95 is in Tarrant, and HD120 is in Bexar. HD101 in Tarrant County has a higher Black percentage of its population than either HDs 46 or 120, but it’s held by the Anglo Dem Chris Turner, so I skipped it. All the rest are in Harris and Dallas. The range of outcomes here is fascinating. I think what we see in the 2016 results, at least in some of these districts, is a bit of a letdown in enthusiasm from Obama to Clinton, with perhaps a bit of the campaign to dampen turnout among Black Democrats finding some success. Some districts in Harris County like HD141 have had pretty modest growth in population and voter registration as well. I don’t know what the story may have been in HD110, but if one of my Dallas readers would like to offer a few words, I’d be interested in hearing them.

There was some evidence around the country of Trump making modest gains with Black voters, mostly Black men, in 2020. I do see a case for that here, because even as Dems had net gains in 2020 – significant gains, in some of these districts – their share of the total new turnout is smaller than you’d otherwise expect. For example, HD131 voted 80.6% to 18.5% for Biden, but only 60.8% of the extra voters in 2020 voted for Biden. HD131 had voted 84.1% to 13.3% for Hillary in 2016, meaning that Trump cut almost ten points off of his deficit from 2016. This is your reminder that a shift in vote share towards one party is not the same as a shift in total votes towards one party. We’ve had this conversation about Democrats making percentage point gains in some heavily Republican areas while still falling farther behind, and this is that same conversation from the other side.

Finally, here are the four districts represented by Asian American legislators:


Dist  12-16R  12-16D  16-20R  16-20D  12-20R  12-20D Dem net
============================================================
026   -4,573   9,082   7,327  13,556   2,754  22,638  19,884
112   -2,140   4,427   5,086  10,634   2,946  15,061  12,115
137     -848   2,147   2,435   4,099   1,587   6,246   4,659
149   -2,592   3,504   8,134   4,645   5,542   8,149   2,607

This grouping is even more tenuous than the Latino districts, mostly because there’s no such thing as a plurality Asian district. Indeed, only HDs 26 and 149, which are the two most Asian districts in the state, are in the top five; HDs 66, 28, and 67 are the next three in line. They will all be covered in the next post in this series. HD137 is mostly Latino and HD112 is mostly Anglo. Like I said, these are the decisions I made. HD26 is in Fort Bend and was won in 2020 by Republican Jacey Jetton, after years of being held by Rick Miller. It was carried by Biden in 2020 and as you can see it has moved pretty heavily Democratic, but it was still Republican enough to be held by them in an open seat race. HD112 is in Dallas and is held by Angie Chen Button, and like HD108 it was otherwise Democratic in 2020. Good luck with redistricting, that’s all I can say. The other two are in Harris County, with HD137 being held by Gene Wu since 2012. It was 63-34 for Obama in 2012 and 67-31 for Biden in 2020. The most curious case for me is HD149, which as you can see followed a pattern similar to the Latino districts in Harris County; I noted this before when I did the Harris County numbers way back when. I’m not quite sure what to make of those totals, but they don’t keep me awake at night. As with the rest, we’ll see what 2022 has in store for us.

Next time, a closer look at some counties of interest. Let me know what you think.

An alternate route to Medicaid expansion

I’m okay with this.

Texas Democrats have tried for years to convince Republican state leaders to increase access to Medicaid. Now they think they have found a way to do it with or without their help.

U.S. Rep. Lloyd Doggett and lawmakers from 11 other GOP-led states introduced a measure this week that would give money directly to local governments that want to provide coverage for hundreds of thousands of low-income Texans who currently fall into what is known as the “coverage gap.”

The Cover Outstanding Vulnerable Expansion-eligible Residents (COVER) Now Act would allow counties to apply for the money directly with the federal government, and it would prohibit state leaders from retaliating against them if they do.

Doggett said his aim is to avoid conflict with Republicans.

“You have your ideological objections to Medicaid expansion — I don’t agree, but I accept your position,” he said. “At least let those local leaders who want to take advantage of this and who recognize both the health and economic advantages of doing it, at least let them do that, and walk away and see how it works.”

[…]

Doggett estimated that if Houston, San Antonio and Dallas alone signed on to the proposal, half of the state’s eligible uninsured population would gain access. All three cities are led by Democrats and have pushed for Medicaid expansion.

Statewide, more than 1.2 million Texans would be eligible for Medicaid if state officials were to expand the program, according to a study by the The Bush School of Government and Public Service at Texas A&M University

More than two million people are thought to be in the coverage gap today, meaning they make too much to qualify for traditional Medicaid but not enough to qualify for subsidized insurance under the Affordable Care Act. Most are people of color, and the biggest group is in Texas, a state that has long had the highest uninsured rate in the country.

Anne Dunkelberg, a policy analyst for the left-leaning think tank Every Texan, said the new legislation would also increase funding to state health officials for any added administrative costs.

“Congressman Doggett’s bill really recognizes how entrenched the ultra conservative opposition to expansion is in Texas and the need to really connect the dots about what it’s going to take for us to get possibly a million and a half uninsured adults — the vast majority of them working — coverage,” she said.

I don’t know if the reconciliation process that Rep. Doggett envisions for this would be part of the infrastructure package or as a later budget bill, but either way there will be opportunities. I think the odds of it avoiding conflict with Republicans is basically zero, so the more important consideration is how well-defended it will be from Republican attempts to screw with it or obstruct it. We have seen too many examples in recent times of the state having control over federal money intended for local governments that have resulted in all kinds of bad outcomes, from the delays in appropriating COVID relief to the GLO’s screw job against Houston and Harris County. Cut the state completely out of it, and then hope it’s too difficult for a future Republican Congress or President to mess with it.

Assuming this does go through, I would expect quite a few more counties than those three cited would jump at this. Travis, El Paso, Fort Bend, Cameron, Webb, some other South Texas counties, probably Hays, would certainly take advantage. Nueces, Tarrant, and Williamson would be interesting to watch, and I bet this would add some spice to county races in Collin and Denton and maybe Brazoria. It’s possible that some Republican counties, especially ones with hospitals teetering on the brink of financial disaster, might decide to put aside politics and grab the money, as several Republican states have done. I could definitely see this making a huge dent in the uninsured population, and providing some fodder for the 2022 elections as well. It’s mostly a question of how durable it is, and that’s something that Rep. Doggett can work on. Here’s hoping.

Betsy Price to run for Tarrant County Judge

I don’t usually pay much attention to county races outside the Houston area, but there are some points of interest to discuss about this.

Betsy Price

Outgoing Fort Worth Mayor Betsy Price is running for Tarrant County judge in 2022, attempting a swift return to power in one of the state’s most politically important areas.

Price revealed the decision in interviews with North Texas TV stations that published Thursday morning, telling WFAA that she would make a formal announcement later.

“I promised my family I’d take a month or two off,” Price told WFAA. “I’m just getting this out there softly.”

The news of Price’s decision comes two days after the current county judge, Republican Glen Whitley, announced he would not run for reelection. He has since 2007 been at the helm of the county, the third most populous in the state and a historically Republican place where Democrats have been making inroads recently.

[…]

Price will not be unopposed in the March primary for county judge. Before Whitley made his retirement official, Tim O’Hare, former chairman of the county Republican Party, announced he was running for county judge. He launched with a list of GOP endorsements including current county GOP Chairman Rick Barnes, county Sheriff Bill Waybourn, and five state representatives from the area. O’Hare has since rolled out endorsements from U.S. Reps. Beth Van Duyne of Irving and Michael Burgess of Lewisville.

While Democrats do not have any known candidates for county judge yet, they can be expected to seriously contest the race after the county went their way at the top of the ticket in the last two statewide elections. The Democratic nominee for U.S. Senate in 2018, Beto O’Rourke, won the county, while President Joe Biden carried it two years later.

Here are the Tarrant County election results for 2018 and 2020. It’s widely noted that Beto O’Rourke carried Tarrant in 2018 (by a 49.93% to 49.24% margin) and Joe Biden carried it in 2020 (49.31% to 49.09%), becoming the first Dems in however long to do so. They were also the only Dems to do so. The other statewide candidates in 2018 lost by a range from one point (Justin Nelson) to ten points (Lupe Valdez), while the handful of countywide candidates all lost by about five points. This includes Lawrence Meyers (I assume the former Court of Criminal Appeals justice), who lost to now-outgoing County Judge Whitley by six points.

In 2020, the statewide Dems trailed in Tarrant by four to six points, with countywide candidates losing by six or seven points. One difference between 2018 and 2020 is that in 2018 there were literally no Democrats running for district court positions, while in 2020 there was a Dem in all but two of those races. My assumption is that the Dems will have a full slate of judicial candidates as in 2020 – there’s nothing like the hope of winning to generate that kind of interest.

We used to talk about Tarrant County as a proxy for Texas as a whole electorally. I’ve posted before about how the Presidential results in Tarrant almost eerily echoed the statewide results. That was true from 2004 through 2016, but the Beto breakthrough in 2018 was a sign that things were changing, and indeed Tarrant’s Presidential result in 2020 was several points to the left of the state’s. The county that most closely mirrored the statewide Presidential result in 2020 was Zapata, carried by Trump 52.5% to 47.1%. The closest big counties were Collin, slightly to the left at 51.4% to 47.1%, and Denton, slightly to the right at 53.2% to 45.2%.

Tarrant may have been too Democratic at the top level to be a statewide predictor, but at the District Court level they were much closer to the mark, with results ranging from 52.9% to 47.1% on one end to 53.9% to 46.1% on the other. What this reminds me of is Harris County in 2004, where District Court challengers got between 45.8% and 47.9% of the vote. That doesn’t mean anything for the path Tarrant County is on – Harris did shift a little towards Dems in 2006 before the 2008 breakthrough, in conditions that were very different from what we have now – it’s just an observation.

Finally, I don’t know anything about the other contenders for the GOP nomination for County Judge, but it’s plausible to me that someone like Betsy Price, a known quantity with a low-key style, might perform better against the partisan average than a more Trumpified Republican. Again, I don’t know the players and don’t know how that primary might shape up, but it seems highly unlikely to me that there won’t be a significant pro-Trump presence in that race. Trump is one of the two Republicans to lose Tarrant County since 2018. Make of that what you will.

The voting location restrictions of SB7

As Michael Li said on Twitter, this is breathtaking, and not at all in a good way.

The number of Election Day polling places in largely Democratic parts of major Texas counties would fall dramatically under a Republican proposal to change how Texas polling sites are distributed, a Texas Tribune analysis shows. Voting options would be curtailed most in areas with higher shares of voters of color.

Relocating polling sites is part of the GOP’s priority voting bill — Senate Bill 7 — as it was passed in the Texas Senate. It would create a new formula for setting polling places in the handful of mostly Democratic counties with a population of 1 million or more. Although the provision was removed from the bill when passed in the House, it remains on the table as a conference committee of lawmakers begins hammering out a final version of the bill behind closed doors.

Under that provision, counties would be required to distribute polling places based on the share of registered voters in each state House district within the county. The formula would apply only to the state’s five largest counties — Harris, Dallas, Tarrant, Bexar and Travis — and possibly Collin County once new census figures are released later this year.

A comparison of the Election Day polling locations that were used for the 2020 general election and what would happen under the Senate proposal shows a starkly different distribution of polling sites in Harris and Tarrant counties that would heavily favor voters living in Republican areas.

In Harris County — home to Houston, the state’s biggest city — the formula would mean fewer polling places in 13 of the 24 districts contained in the county, all currently represented by Democrats. Every district held by a Republican would either see a gain in polling places or see no change.

Take a moment and let that sink in, and then go to the story to look at the table. Thirteen Democratic districts would lose a total of 73 voting locations (two others, HDs 135 and 149, would add thirteen), while seven Republican districts would add 59 locations (HDs 128 and 129 would have no change). It doesn’t get any more blatant than this.

For election administrators in the targeted counties, the forced redistribution of polling places would come shortly after most of them ditched Election Day precinct-based voting and began allowing voters to cast ballots at any polling place in a county. Many Texas counties have operated under that model, known as countywide voting, for years, but it has been taken up most recently by both blue urban metros and Republican-leaning suburbs.

“It was unexpected to find language that ties voting locations to where you live exactly in the [same section of state] code that says you can vote wherever,” said Heider Garcia, the elections administrator for Tarrant County, which made the switch to countywide voting in 2019.

While SB 7 targets the state’s biggest counties that use countywide voting, the more than 60 other Texas counties that offer it — many rural and under Republican control — would remain under the state’s more relaxed rules for polling place distribution.

In urban areas, a formula based on voter registration will inherently sway polling places toward Republican-held districts. House districts are drawn to be close to equal in total population, not registration or voter eligibility. Registration numbers are generally much lower in districts represented by Democrats because they tend to have a larger share of residents of color, particularly Hispanic residents — and in some areas Asian residents — who may not be of voting age or citizens. That often results in a smaller population of eligible voters.

But in selecting voting sites, counties generally mull various factors beyond voter registration. They consider details like proximity to public transportation, past voter turnout, areas where voters may be more likely to vote by mail instead of in person and accessibility for voters with disabilities. In urban areas in particular, election officials also look to sites along thoroughfares that see high traffic to make polling places more convenient. Some of the Republican districts that would gain polling places under the proposed formula are situated toward the outskirts of a county or along the county line, while the Democratic seats losing voting sites are closer to the urban core.

“It’s much more than throwing darts at a board,” said Isabel Longoria, the Harris County election administrator. “There’s a lot of parameters that go into choosing a location. It’s not based on partisanship or what House district you’re in but really what will provide access to voters historically, socially, culturally, transportation-wise and everything in between.”

Counties like Harris must also confront historic and racist underdevelopment in communities that are home to large populations of people of color, particularly historic Black communities. In some suburban areas, Longoria posited, the county will be able to use a large high school gymnasium or community center where it can set up 20 to 30 voting machines, but in a historically Black neighborhood, they may need two smaller locations.

Emphasis mine. Again: couldn’t be more blatant. This is exactly the sort of thing that the preclearance requirement of the Voting Rights Act would have stopped, because it would have had to be reviewed before it could be implemented. Bill author Sen. Bryan Hughes claims that this is just about ensuring that partisan election officials in these counties can’t favor some voters over others, but when the end result is this ludicrously tilted in a partisan direction, it’s impossible to take that seriously.

As noted in the story, SB7 was greatly changed in the House and is now in conference committee, where no one really knows what will emerge. It’s hard for me to imagine that anyone with sufficient influence in that committee will advocate for leaving this provision on the cutting room floor, but we won’t know until they emerge with a finished product. And once the bill, in whatever form, becomes law, the litigation will begin.

Other May election results

Roundup style, mostly.

San Antonio Mayor Ron Nirenberg easily wins a fourth term.

Mayor Ron Nirenberg

Mayor Ron Nirenberg vanquished the ghost of repeat challenger Greg Brockhouse in Saturday’s City election and secured his third term in office with a win of historic proportion.

Nirenberg is now on course to become the city’s first four-term mayor since his mentor, former Mayor Phil Hardberger, led a successful campaign in 2009 to relax term limits from two, two-year terms to four, two-year terms.

That longevity in office should give Nirenberg the time and space to forge the kind of legacy established by Hardberger and Julián Castro before him.

Hardberger can point to completion of the San Antonio River’s Museum Reach, acquisition of Hardberger Park, redevelopment of Main Plaza, and jump starting the transformation of Hemisfair Park after it lay idle for 50 years. He recruited Sheryl Sculley to become city manager. Her long tenure led to the modernization of the city’s financial practices, ambitious five-year bond cycles to address critical infrastructure needs, and a new level of professional standards for city staff.

Castro, then the youngest mayor of a Top 50 city, led efforts to bring early childhood education to the forefront, well in advance of national trends, with successful passage of Pre-K 4 SA. He launched SA2020 and with it, the Decade of Downtown. Castro joined forces with Sculley to take on the powerful police union and address runaway health care costs. His growing national profile earned him a cabinet seat as Housing and Urban Development Secretary in the Obama administration.

Nirenberg is poised to establish his own legacy. Voters chose him by a 31-point margin, 62% to 31%, over Brockhouse, with the remainder going to a dozen other names on the ballot, a definitive verdict on Nirenberg’s second-term record. A Bexar Facts poll conducted with the San Antonio Report and KSAT-TV in late March accurately predicted as much. The reason: Nirenberg’s strong leadership through the pandemic.

Nirenberg won by a much wider margin against Brockhouse this time. When I look around at current Mayors for future statewide potential, Nirenberg certainly belongs on the list, but for whatever the reason I haven’t heard his name bandied about. Maybe that will change now.

San Antonio had a high-profile ballot proposition, which would have stripped the city’s police union of it collective bargaining power. It was narrowly defeated, but its proponents are encouraged they did as well as they did, and expect to continue that fight.

Austin had its own slew of ballot propositions, with a particularly contentious one that would outlaw the public camps that homeless people are now using. That one passed, and we’ll see what happens next.

The folks behind Proposition B, the citizen initiative to re-criminalize public camping in Downtown Austin and near the UT Campus, got the victory they sought for the more than $1 million they spent. With all votes counted Saturday night, the measure backed by Save Austin Now prevailed by 14 points, 57.1%-42.9%.

That’s a slightly weaker showing than was predicted before polls closed by SAN co-founder Matt Mackowiak, also chair of the Travis County Republican Party, but a win’s a win:

Those who have been paying attention will note that Mayor Steve Adler and much of Council have already decided that the June 2019 vote that Prop B reverses was a failed experiment, and have moved on to other strategies to house Austin’s unsheltered poor. Perhaps SAN will catch up soon. Whatever its merits as policy, the campaign for Prop B did almost certainly boost turnout, which all told was 22.55% countywide (just under 90% of that was city voters). That’s the highest Austin’s seen in a May election since 1994.

Even CM Greg Casar, the politician most directly rebuked by tonight’s results, is looking ahead: “I do not believe Austin is as divided as this election makes it seem. The overwhelming majority of Austinites share a common goal, no matter how folks voted on Prop B. We all want to get people out of tents and into homes,” Casar said in a statement. “Our community must come together after this election & house 3,000 more people.”

I’ll leave it to the Austin folks to figure this out from here, but from my vantage point one obvious issue here is the ridiculously high housing prices in Austin, which is fueled in part by way more demand for housing than supply. I hope the city can find a way forward on that.

Fort Worth will have a new Mayor, after a June runoff.

Fort Worth voters will chose a new mayor for the first time in a decade in June with Mattie Parker and Deborah Peoples apparently headed to the runoff.

Mayor Betsy Price’s decision not to seek an unprecedented sixth term sparked 10 candidates to run, including two council members, the Tarrant County Democratic Party chairwoman and a slew of political newcomers.

According unofficial results in Tarrant County, Peoples, a former AT&T vice president, led with 33.60% of the vote Saturday night while Parker, a former Price chief of staff, had 30.82%, with all 176 vote centers reporting. Council member Brian Byrd was in third place with 14.75%.

Parker and Peoples maintained the upper hand with results for Denton County. There, Parker took 35.17% of the vote compared to 16% for Peoples. In Parker County, Parker had 42% of the vote followed by Byrd’s 23.3%. Peoples had 12.5%.

The runoff will be June 5.

Here are the Tarrant County results – scroll down to page 21 to see the Fort Worth Mayor’s race. There were 1,106 votes cast in total in this race in Denton County, and 176 total votes cast in Parker County, so Tarrant is really all you need to know. In 2019, Peoples lost to Mayor Betsy Price by a 56-42 margin. Adding up the votes this time, counting Ann Zadeh as progressive and Brian Byrn and Steve Penate as conservative, the vote was roughly a 55-42 margin for the Republican-aligned candidates. We’ll see how it goes in the runoff.

And then there was Lubbock.

Lubbock voters on Saturday backed a “sanctuary city for the unborn” ordinance that tries to outlaw abortions in the city’s limits, likely prompting a lawsuit over what opponents say is an unconstitutional ban on the procedure.

The unofficial vote, 62% for and 38% against the measure, comes less than a year after Planned Parenthood opened a clinic in Lubbock and months after the City Council rejected the ordinance on legal grounds and warned it could tee up a costly court fight.

The passage of the ordinance makes Lubbock one of some two dozen cities that have declared themselves a “sanctuary … for the unborn” and tried to prohibit abortions from being performed locally. But none of the cities in the movement — which started in the East Texas town of Waskom in 2019 — has been as big as Lubbock and none of them have been home to an abortion provider.

It’s unclear when the ordinance will go into effect, and if it will be challenged in court.

The push to declare Lubbock a “sanctuary city for the unborn” began in the last two years and was galvanized by the arrival of a Planned Parenthood clinic in 2020. Anti-abortion activists gathered enough signatures to bring the ordinance to the City Council — where it was voted down for conflicting with state law and Supreme Court rulings — and to then put it to a citywide vote.

Ardent supporters of the measure, who liken abortion to murder, say it reflects the views held by many in conservative Lubbock. They believe the ordinance would stand up in court and say they have an attorney who will defend the city free of charge if it is challenged.

But the strategy of bringing the abortion fight to the local level has divided even staunch anti-abortion activists, and Texas towns like Omaha and Mineral Wells have voted down similar ordinances or walked them back under advice from city attorneys.

The American Civil Liberties Union of Texas, which previously sued seven East Texas towns that passed similar ordinances, has said they were watching the vote closely and hinted at a lawsuit in a statement Saturday.

Drucilla Tigner, a policy and advocacy strategist with the organization, said the “ACLU has a long history of challenging unconstitutional abortion bans and will continue to fight to protect the fundamental rights of the people of Lubbock.”

[…]

The Lubbock ordinance outlaws abortions within the city, and allows family members of a person who has an abortion to sue the provider and anyone who assists someone getting an abortion, like by driving them to a clinic.

There isn’t an exception for women pregnant as a result of rape or incest.

The ordinance would not be enforced by the government unless the Supreme Court overturned the landmark Roe v. Wade decision, or made other changes to abortion laws.

It instead relies on private citizens filing lawsuits.

Richard D. Rosen, a constitutional law professor at Texas Tech University, expects someone would sue Planned Parenthood and the legal fight would go from there.

“As long as Roe is good law I think these suits will ultimately fail, but it [could make] abortion providers … expend money for attorneys fees and it takes time,” he said.

See here and here for the background. The lawsuit that was filed against those seven towns was later dropped after the ordinances to remove language that declared the Lilith Fund and the Texas Equal Access Fund “criminal entities”. The language banning abortions in those towns remains, however. Lubbock is in a much different position than those tiny little towns, and I have no idea what happens from here. It can’t be long before someone files a lawsuit for something.

Finally, I’m sorry to report that Virginia Elizondo lost her race for Spring Branch ISD. I wish her all the best in the future.

One more CD06 update

Some dude made an endorsement in the race.

Rep. Ron Wright

Former President Donald Trump has endorsed fellow Republican Susan Wright in the crowded Saturday special election to replace her late husband, U.S. Rep. Ron Wright, R-Arlington.

The endorsement is a massive development in a race that features 11 Republicans, including at least two former Trump administration officials. A number of the GOP contenders have been closely aligning themselves with the former president.

[…]

Wright’s Republican rivals include Brian Harrison, the chief of staff at the U.S. Department of Health and Human Services under Trump, and Sery Kim, who worked at the Small Business Administration under the former president. There is also Dan Rodimer, the former pro wrestler who moved to Texas after an unsuccessful congressional campaign last year in Nevada that had Trump’s support.

The candidates’ efforts to show their loyalty to Trump has gotten so intense that a Trump spokesperson had to issue a statement last week clarifying that he had not yet gotten involved in the race.

See here and here for recent updates. Susan Wright is widely considered the frontrunner, though she hasn’t raised as much money as some other candidates. Maybe this is to cement her position, maybe it’s out of concern that she’s not in as strong a position as one might have thought, who knows. What I do know is that the endorsement announcement wasn’t made on Twitter.

Meanwhile, on the other side of the Republican divide:

When House Republicans gather in Florida this week for their annual policy retreat, Rep. Adam Kinzinger, R-Ill., will be a thousand miles away in Texas, campaigning for Michael Wood in the upcoming special election in Texas’ 6th Congressional District.

Wood, a Marine Reserve major, is one of 23 candidates running in the May 1 election to succeed Rep. Ron Wright, R-Texas, who died in February from COVID-19 and complications from cancer. The crowded field includes Wright’s widow, a former wrestler, and several Republicans who served in the Trump administration.

But Wood is the only openly anti-Trump candidate in the race — and hopes voters in the sprawling district that includes diversifying swaths of the Dallas-Forth Worth suburbs — where Trump won by three percentage points in 2020 after winning by 12 in 2016 — will help push him through the field and into a runoff should no candidate receive a majority of votes.

“The Republican Party has lost its way and now is the time to fight for its renewal,” Wood says on his campaign website. “We were once a party of ideas, but we have devolved into a cult of personality. This must end, and Texas must lead the way.”

Wood’s long shot bid is also an early test for Kinzinger, one of ten Republicans in the House who voted to impeach Trump for inciting the Jan. 6 Capitol riot and his efforts to overturn the election results.

[…]

In Texas, Wood told ABC News he views his special election as the “first battle for the soul of the Republican Party” since the 2020 election cycle.

“It’s just going to be one data point in what’s going to have to be a very long fight,” he said.

I appreciate their efforts to try and rehabilitate a degenerate and depraved Republican Party. Let’s just say I don’t share their optimism about their chances.

Some polling data:

The progressive firm Data for Progress has released a survey of the May 1 all-party primary that shows Republican party activist Susan Wright, the wife of the late Rep. Ron Wright, in first with 22%.

2018 Democratic nominee Jana Lynne Sanchez leads Republican state Rep. Jake Ellzey by a small 16-13 margin in the contest for the second spot in an all-but-assured runoff, with a few other candidates from each party also in striking distance. Former Trump administration official Brian Harrison and Democrat Shawn Lassiter, who works as an education advocate, are both at 10%, while 2020 Democratic state House nominee Lydia Bean is at 9%.

The only other poll we’ve seen all month was a Meeting Street Research survey for the conservative blog the Washington Free Beacon from mid-April that showed a very tight four-way race. Those numbers had Sanchez and Wright at 16% and 15%, respectively, with Ellzey at 14% and Harrison taking 12%.

Data for Progress also polled a hypothetical runoff between Wright and Sanchez and found the Republican up 53-43. This seat, which includes part of Arlington and rural areas south of Dallas, supported Trump only 51-48 in 2020 after backing him 54-42 four years before, but Republicans have done better downballot.

Poll data is here. My advice is to take it with a grain of salt – multi-candidate special elections are ridiculously hard to poll, and this one has a cast of characters to rival “Game of Thrones”. The runoff result is interesting, but even if we get the Wright/Sanchez matchup, the dynamics of this runoff will likely be very different, with much more money involved.

Turnout in early voting has been brisk in Tarrant County, which is the Dem-friendlier part of the district and where there is also an open seat Mayoral race in Fort Worth. Election Day is Saturday, I’ll have the result on Sunday.