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Tarsha Jackson

Hey, remember District B?

This makes me so mad.

Cynthia Bailey

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

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

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

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

Tarsha Jackson

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

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

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

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

[…]

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

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

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

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

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

Give reformers a seat at the police collective bargaining table

This is a clear path forward.

Chas Moore watched in shock one night in 2017 as Austin City Council voted on the city’s proposed police contract.

He and other criminal justice reformers had spent months observing contract negotiations and lobbying council members to reject a deal they said was too expensive and lacked crucial accountability measures.

The city’s 10 council members and mayor raised their hands to vote the deal down.

“I don’t think anyone thought that would happen,” said Moore, president of the Austin Justice Coalition. “Historically people fight police unions — and they do not win.”

The vote sent police back to the negotiating table, and the resulting contract included a slew of reforms — at half the cost of the previous version.

In Houston, that negotiating table is behind closed doors.

Activists here want to change that as the city and the police union negotiate a new contract this year. They are again seeking the right to observe deliberations and to try to change provisions they say protect officers accused of wrongdoing. But while other cities with similar bargaining rules allow residents to observe negotiations, Houston does not, aided by what critics say are gaps in the state’s government code that do not clearly require union contract negotiations to be open to the public.

Houston’s police budget in 2020 tallied about $911 million — by far the largest allocation in the city budget’s general fund. While other cities across the U.S. slashed police budgets, Houston’s City Council unanimously in June passed a budget with a $20 million increase for the police department.

The pressure for reform rose around the country in the wake of the killing of former Houston resident George Floyd in police custody, and organizers say it’s overdue here.

Not long after that Austin contract rejection, community organizers in Houston sought to observe police contract deliberations here.

Local criminal justice advocate Tarsha Jackson said she approached City Hall in 2018 to try to share community concerns — but the criminal justice reformer with the Texas Organizing Project said she found an opaque process.

“It was not public. It was like a guessing game,” Jackson said.

The contract was settled behind closed doors without them getting a chance to see it or offer their input.

“As we’re having these conversations around police accountability and reform, how can we have these conversations without the community?” Moore asked regarding the efforts around the country to get a seat at the table during contract negotiations.

We all recognize that a big piece of police reform must be done via the collective bargaining process. Given that, and given the action items that the reformers are seeking, they need a seat at the table or those items will not be addressed. The Lege can and should address some items as well, but they already have a lot on their plate, and it’s never a good idea to depend on a particular bill making it through the Lege, because so many things can happen to knock it off course. This is something we can do now, because the new CBA is coming up soon.

Here comes the police task force

Now let’s see them do something.

Mayor Sylvester Turner

Mayor Sylvester Turner on Wednesday announced the appointment of 45 people to a task force that will review Houston Police Department policies for potential reforms.

Laurence “Larry” Payne, a former staffer of Mayor Kathy Whitmire and U.S. Rep. Mickey Leland, will chair the committee, which includes activists, academics, business leaders, law enforcement officials and clergy.

Among them: Judson Robinson III of the Houston Area Urban League; Hispanic Chamber of Commerce CEO Laura Murillo; former criminal district court judge Marc Carter; George Ryne of the Texas Anti-Gang Center; and rapper Trae the Truth. The full list can be found here.

The task force is expected to bring recommendations in the next 60 days and to complete a report by Sept. 1, Turner said. Its work will invite widespread scrutiny from activists in the community who have pushed for far-reaching reforms and redirecting city funds away from police.

The launch of the working group was met with skepticism by some activists, who argued the city has studied the issue thoroughly in the past and that it is time for action.

“We believe it when we see it. Because we’ve never seen it,” said Tarsha Jackson, an advocate who formerly was the criminal justice director for the Texas Organizing Project.

See here for the background. There was more where that came from on Thursday.

More than 100 people called into a Houston city council committee meeting Thursday to demand that city leaders strengthen oversight of the police or dismantle the department altogether, as council members sought more information from law enforcement officials about potential reforms.

Among the hightlights: the Houston Police Department is not required to tell neighboring agencies when one of its recruits fails a psychological screening; and the chair of the Independent Police Oversight Board — one of the primary targets for reform among advocates and some elected officials — struggled to answer simple questions about how the board’s work could be improved.

Speaking in two-minute intervals, scores of residents challenged City Hall — often in harsh terms — to trade task forces and promises for direct, immediate action in the wake of protests over the death of Houstonian George Floyd. Their comments came a day after Mayor Sylvester Turner revealed the 45 members who will serve on his police reform task force, which generated widespread skepticism that continued Thursday into the committee meeting.

Roughly half the residents who called into the eight-hour meeting advocated for dismantling the police department, with some endorsing a strategy to strip a quarter of its funds every year for four years. They urged that those resources be diverted to other services, such as housing and health care. Other frequent targets included the oversight board; the negotiations underway for a new contract with the Houston Police Officers’ Union; and the department’s refusal to release body camera video and an audit of its narcotics division.

Skepticism is an entirely fair and rational response, and I say that as a supporter of Mayor Turner. I don’t know what this task force might come up with that hasn’t already been proposed, but at least we’ll find out in relatively short order. If I were advising Mayor Turner, I’d go back and review some of those things, and see which of them I could get implemented now, via another executive order or Council action. Maybe the value this task force can provide is by blunting the usual opposition to any meaningful change. Let’s just say the clock is running, and the case for decisive action will never be greater. Transform Houston has more.

The current status on local police reform efforts

Well, the budget amendment process didn’t do much.

CM Letitia Plummer

City Council on Wednesday unanimously approved Mayor Sylvester Turner’s $5.1 billion budget for the next fiscal year, slightly increasing funds for the Houston Police Department even as some cities are under pressure to cut law enforcement spending amid nationwide protest over police violence and the death of George Floyd.

As the council took up budget, chants of “Black lives matter” and “No justice, no peace” could be heard from protesters outside City Hall. Dozens of police reform advocates had asked city council the day before to divert funding from HPD’s massive budget to other services, such as health care and affordable housing.

Instead, the $965 million approved for HPD represents a 2 percent, or $19 million, increase over the current year. The overall city budget is up 1 percent.

The police department takes up more than a third of the tax- and fee-supported general fund, which pays for most of the city’s day-to-day operations. Much of the HPD increase is due to a 3 percent raise for officers under a 2018 labor contract that expires in December.

Turner, who later Wednesday signed an executive order on police reform, offered a passionate defense of the HPD budget, arguing that Houston has a shortage of police officers compared to other large cities. He often has pointed out that Houston, with a population of 2.3 million people and an area of more than 650 square miles, has 5,300 officers; Chicago, with a population of 2.7 million and 275 square miles, has about 12,000.

[…]

At-Large Council member Letitia Plummer proposed an amendment that would cut 199 vacant positions in the police department and redirect that money toward a slew of reforms, including giving the Independent Police Oversight Board subpoena power and boosting funds for mental health units and re-entry programs. Plummer’s amendments failed without the support of any other council member.

At one point, Plummer held up a heavily redacted HPD use-of-force policy, which she said the department gave her office when it requested a copy.

“We started the conversation on police reform. Not one of my amendments passed but I know that I stand on the right side of history,” said Plummer, who addressed the protesters outside after the vote. “That is the most important takeaway. I answer to the people who elected me. I will be holding the (mayor’s) task force accountable.”

The mayor did support an amendment from Councilmember Ed Pollard that would set up a public website where residents could browse complaints about police misconduct. The mayor said the site could work alongside the executive order he signed later Wednesday, and Pollard’s amendment was referred to the legal department for implementation.

I’ll get to the executive order in a minute. I know folks are upset by the failure of CM Plummer’s amendment. It is disappointing, but it’s not surprising. Stuff just doesn’t happen that fast in Houston. There’s almost always a need to build a broad base of support for significant changes, and that takes time. The good news is that CM Plummer’s proposals, especially redirecting certain kinds of 911 calls away from police and towards social workers, has a lot of merit and should garner a lot of support as more people learn about them. Making this a goal for the next budget is very doable, I think.

Now, as for that executive order:

The executive order embraces some measures laid out in the #8cantwait campaign, including: requiring officers to de-escalate, give a verbal warning and exhaust all other options before using deadly force; mandating that they intercede when they witness misconduct; forbidding choke-holds and firing at moving vehicles; and reporting all use of force to the Independent Police Oversight Board.

It also prohibits serving no-knock warrants unless the chief or his designee approves them in writing. A botched raid on Harding Street last year left two people dead, several officers wounded and two narcotics officers charged with crimes. It also has prompted the Harris County district attorney’s office to review and seek the dismissal of scores of drug cases involving one of the indicted officers, Gerald Goines.

“This is not the end,” Turner said, adding that thousands of residents protesting the May 25 death of Houston native George Floyd while in police custody in Minneapolis made his executive order possible. “In the absence of people that stood up, marched, protested, this would not be happening.”

Several of the requirements — the duty-to-interfere requirement, bans on choke-holds, and prohibiting firing at moving weapons — were already HPD policies, and some experts have cast doubt on whether the #8cantwait reforms have resulted in measurable progress in the cities that have adopted them.

Houston Police Chief Art Acevedo said the reforms were meaningful in that they now are codified at City Hall. A new chief cannot come in later and undo the policies without going through the mayor’s office, he said.

“I think it is a huge, watershed moment,” he said.

See here for the background. A group called the #Right2Justice coalition put out this statement afterward:

“Mayor Turner promised bold reform on policing in Houston. Instead, his executive order on use of force is largely a restatement of existing policy. It makes little meaningful progress at a moment when tens of thousands of people have taken to the streets demanding change. Several of the requirements — the duty-to-interfere requirement, a partial ban on choke-holds, and prohibiting firing at moving vehicles — were either restatements of police best practices or already Houston Police Department policy or practice. Last year, the Houston Police Department forcibly entered a home to search it without warning. Two residents were killed, and four officers were shot. The executive order does nothing to prevent this kind of no-knock raid from happening again.

“The Houston Police Department has killed six people in the last two months. This moment demands meaningful change: new policies to require automatic release of body cam footage of police misconduct and eliminate no-knock warrants, and significant investments in diversion like those Harris County made yesterday. This executive order is not the meaningful reform we need.”

This coalition includes ACLU of Texas, Anti-Defamation League, Houston Immigration Legal Services Collaborative, Immigrant Resource Legal Center (IRLC), Texas Appleseed, Texas Civil Rights Project, Texas Organizing Project, and United We Dream. I checked several websites and Twitter feeds and could not find this statement on any of them. The ACLU of Texas Twitter did retweet Chron reporter Jasper Scherer, who tweeted an image of the statement. I feel like there is room for improvement here.

Anyway. I agree with Chief Acevedo that this means the next HPD Chief can’t just come in and throw this stuff out, and that’s good. But the next Mayor could throw it out, so we need to keep that in mind. A big question here is what happens when someone violates this order in some fashion. What are the consequences, and how will they be enforced? That needs to be addressed.

Also, too, that task force. I saw somewhere, but now can’t remember where, that Mayor Turner expects them to give a report in three months. That’s good, we need to have a deadline and a promise of a report, but that’s still just a starting point. There needs to be a plan to enact whatever this task force recommends as well.

Did you notice that bit in the budget story about the police union contract, which expires in December? That’s another opportunity to make positive changes, as Ashton Woods opines:

Under Article 30 of the contract, when a complaint is filed against an officer, the accused officer receives all copies and files associated with the complaint against them. They then have 48 hours to review the complaint against them, talk to a lawyer, and get their story together. All of this happens before they are required to give a statement to their supervisor. This “48-hour rule” insulates them from questioning and gives cops a privilege that no civilian gets.

Article 26 grants a committee of officers the power to appoint the 12 “independent hearing examiners” who get the final say in officer discipline for misconduct. But these examiners are not actually independent, as half of them are appointed by the police chief and the other half by the union. In other words, when an officer has been disciplined for misconduct and appeals that discipline, these cop-appointed examiners get to make the final call. Because the union gets to pick 50 percent of the examiners, they effectively have veto power. This gives the police union, the most outspoken opponent of police reform, a startling amount of control over officer discipline.

You may have noticed that there’s a huge piece of the puzzle missing: community oversight. While Houston technically has an Independent Police Oversight Board, this board has no subpoena power and no direct discipline authority, making it one of the weakest and least effective community oversight boards in the nation. According to the City of Houston website, the board can’t even take complaints directly from civilians. All complaints are reviewed by HPD.

As noted before, District B candidate Tarsha Jackson has recommended these and other changes as well. As much as anything, the key here is paying attention and making clear what we want to happen.

Finally, there was action taken by Commissioners Court.

Harris County’s sheriff and eight constables voiced support Wednesday for some of the policing and criminal justice reform measures approved by Commissioners Court hours after George Floyd, a longtime Houstonian killed by Minneapolis police was laid to rest.

In a session that stretched past midnight, Commissioners Court on Tuesday approved 10 reform-minded items inspired by the nationwide protests following Floyd’s May 25 video-recorded death, including a pledge to examine how to create a civilian oversight board with subpoena power, adopt a countywide use-of-force policy for officers and establish a database of use-of-force incidents.

Precinct 4 Constable Mark Herman said all eight constables met for several hours Wednesday morning to discuss the proposals. The group was unanimous in favor of adopting a universal use-of-force policy and sharing documents, including video, to help the county create a public log of violent police encounters.

“We’re in agreement to work with Judge Hidalgo’s group and be transparent and show any use of force we have,” Herman said.

Precinct 3’s Sherman Eagleton, one of two African-American constables, said the group did not come to a conclusion about welcoming more civilian oversight. He said Floyd’s killing had already spurred the constables to review their policies, though the group needs more time to evaluate the Commissioners Court proposals.

“That civilian review board might be a good thing once we find out more about it,” he said.

[…]

During the discussion Tuesday evening on creating a database of use-of-force incidents, First Assistant County Attorney Robert Soard warned court members they were perilously close to exceeding their authority by setting policy for other elected officials.

County Judge Lina Hidalgo agreed to amend the item to make clear that participation by agencies would be voluntary. She said video footage, however, often is crucial in exposing misconduct by police, as was the case in Floyd’s killing.

“How many times has this kind of thing happened and it just so happens that no one was taking a video, and so we didn’t know?” she said.

Precinct 1 Commissioner Rodney Ellis said he was open to testing the limits of the court’s power even if that meant an issue needed to be resolved in state court. He said Commissioners Court’s passage of the items also could force the elected law enforcement officials to confront those issues.

“We do have the right to put the public pressure on, you got me?” Ellis said.

See here for the background. This is a good step forward, and it clearly does require the cooperation of the constables. As with the Houston items, we need to keep track of the progress made, and revisit these items in a year or so to ensure they have had the desired effect, with an eye towards doing more as needed.

Let’s talk “meaningful reform”

Chief Acevedo brought it up, so let’s go there.

Houston Police Chief Art Acevedo’s voice cracked several times and his eyes welled as he railed against the death of George Floyd beneath a policeman’s knee and implored protesters to demonstrate peacefully with him.

“I will not allow anyone to tear down this city, because this is our city,” Acevedo shouted on Sunday to the group of mostly black Houstonians surrounding him at one of many protests in the wake of video showing Floyd’s fatal encounter with police in Minneapolis. “Pay close attention! Because these little white guys with their skateboards are the ones starting all the s–t.”

Video of Acevedo’s profanity-laced remarks went viral and, along with his other blunt statements this week, won the chief acclaim from those outraged by the death of Floyd, a former Third Ward resident.

It has also drawn anger from those who say Acevedo has failed to address the very things he’s condemning at home. His calls for police to be more transparent and enact “meaningful reform” have refocused attention on a series of fatal shootings by his own officers, and his refusal to release body camera video of the incidents.

“We’re looking at him say one thing on camera, but locally, we know different,” said Dav Lewis, a local activist who was friends with Adrian Medearis, one of the men who died in the spate of shootings. “We know different locally. We have not seen police accountability.”

The chief has also resisted calls to release the results of an audit of his narcotics division, rocked last year by one of its worst scandals in decades, and he has downplayed calls to bolster the city’s Independent Police Oversight Board, long criticized as a “toothless watchdog” group.

“While these are great photo ops, and maybe the chief has political aspirations, and this is all warm and fuzzy kind of stuff he’s doing, it’s time for some action,” said Mark Thiessen, president of the Harris County Criminal Lawyers Association.

[…]

Protesters intensified their calls on Tuesday for Acevedo to make the videos public. Mayor Sylvester Turner’s remarks at City Hall were punctuated by several people chanting “release the tapes,” and hours later Acevedo was directly confronted by a group of critical protesters at the downtown park Discovery Green.

Some lawmakers questioned Acevedo’s rationale for not releasing the body camera video.

“It is not law enforcement’s job to worry about prosecution,” said state Rep. Gene Wu, D-Houston. “It’s their job to be law enforcement.”

Wu, a former prosecutor who has called on Acevedo previously to release his audit, said Acevedo’s attitude “does more of a disservice to taint the public’s perception than anything else.”

“Right now you have the general public believing the police hide things,” Wu said. “When other cities during this crisis have shown they can release body cams immediately — that they can fire and discipline officers immediately — the fact we can’t get videos released months, sometimes even years later, is very telling.”

There’s more, and you should read the rest. On balance, I think Art Acevedo has been a pretty good Chief of Police. It’s not at all hard to imagine someone worse in his position – the current Chief of Police in Austin, for example. I also think that some of these reform ideas should be taken out of his discretion and mandated by the appropriate governing body. For releasing body camera footage and just generally being more transparent about it, that could be the Legislature or it could be City Council. Point being, the less room he or any Chief has to stall on releasing said footage, the less time we have to have this debate about transparency.

There are plenty of other things that can be done, at all levels of government, with the local stuff having the greatest potential for swift adoption. Tarsha Jackson, formerly with the Texas Organizing Project and now on hold in the City Council District B runoff, recommended several changes to the police union contract. CM Letitia Plummer, thankfully recovering from COVID-19, has proposed a budget amendment that would:

-Require officers exhaust all reasonable means before shooting
-Ban chokeholds and strangle holds
-Require de-escalation
-Require officers give verbal warning before shooting
-Notify Independent Police Oversight Board when death occurs
-Give IPOB subpoena power

It would also redirect funds currently allocated for a police cadet class as follows:

$2M, fund separate IPOB investigations
$1M, build online portal for residents to report misconduct
$3M, police training
$2M, permanent revolving fund for the Office of Business Opportunity, no-interest loans to minority-owned biz
$2M, enhance Health Dept’s Community Re-Entry Network Program
$500k, enhance Health Dept’s My Brother’s Keeper program
$1M, equipment and implementation of a “CAHOOTS” program (Crisis Assistance Helping Out On The Streets)

The point of that last item is to redirect a class of 911 calls that now go to law enforcement to this Crisis Assistance program, so the police can handle higher priority calls. Look at the photos she embedded in this Facebook post (specifically, this and this) to get a better feel for this. The city of Eugene, Oregon has used a program like this successfully since 1989. I strongly suspect most police officers would be happy to not have to respond to these kinds of calls for the most part going forward.

Stace adds recommendations from 8CantWait, which largely overlap the items noted by CM Plummer and Tarsha Jackson. Again, these are things that could be done now, if we wanted to. If there’s something you want to do in this direction, call Mayor Turner’s office and your district Council member along with the At Large members in support of these proposals. There are many ways to make noise.

There’s still more. Looking at the federal level, Sherrilyn Ifill and a triumvirate at The Atlantic have a list of action items for Congress, including an end (or at least a serious cutback) to qualified immunity, national data collection and tracking of police conduct and use of force, stronger enforcement of Title VI of the Civil Rights Act, and more. Ifill notes that “Currently, officers fired for misconduct and brutality against innocent civilians can be hired by other departments”. This will sound depressingly familiar to anyone who remembers the story of Tulia.

I personally would add: Decriminalization of marijuana and a complete shift of focus on other drug offenses from arrest and incarceration to treatment; Expanding Medicaid, which as I have said a gazillion times before will do so much to provide mental health services to countless Texans; Really attacking the homelessness problem by funding housing for the homeless and raising the minimum wage so that more people can afford housing in the first place; and repealing SB4, the odious “show me your papers” law. I believe these things will drastically reduce the interactions that ordinary people – overwhelmingly people of color – have with the police and the criminal justice system.

None of these things are panaceas, and none of them directly address systemic racism – I will defer on that to those who can speak more directly from their own experience – but I do believe all of them will have the effect of reducing harm to the black and brown people who have always received the brunt of the violence that comes from encounters with the police. Again, much of this is doable right now. Clearly, some other items will require winning more elections, in Texas and around the country, but we can still get started on what can be done now. If Chief Acevedo wants to come out in support of any or all of these things, that would be nice, too. Whether he does or he doesn’t, we can make them happen anyway.

The George Floyd March

Impressive.

Sixty thousand people joined the family of George Floyd as well as elected officials and religious leaders today in a peaceful Houston march from Discovery Green to City Hall organized by rappers and civic activists Trae tha Truth, Bun B, and Floyd’s nephew Brandon Williams.

Floyd, 46, a native Houstonian from the Third Ward, died in handcuffs last week after then-Minneapolis police officer Derek Chauvin knelt on his neck for nearly nine minutes. Chauvin, who was fired immediately after the incident was charged with third-degree murder and second-degree manslaughter four days later.

It was released Monday that both a private autopsy done by Dr. Michael Boden and Dr. Allecia Wilson hired by Floyd’s family as well as the Hennepin County Medical Examiner ruled Floyd’s death a homicide though both reports differed on cause of death. The medical examiner ruled it was heart failure, while the private autopsy ruled asphyxiation. Both reports agreed Floyd died on site, and not later in an ambulance.

The march began and ended with a prayer as well as Floyd’s family’s wishes that the day remain peaceful—and it did. It is reported that prior to the march the Houston Police Department removed bricks and artillery that had been stashed around downtown and a Houston Alert asked everyone to be on the lookout for suspicious activity.

A family member of Floyd spoke deliberately stating, “This is our home, we will find justice on the streets of Houston, we are going to march in peace and show the nation, show the world what George Floyd is all about.” She thanked Bun B and Trae tha Truth for helping to organize the event.

Although this was not a city-sponsored march, Houston Mayor Sylvester Turner turned out and addressed the crowd, once again applauding them for standing up for George Floyd and the need for change, but again warning that violent actions undermined their cause.

I assume the Chronicle will have a full story on this, but as of when I wrote this post, what they had was a liveblog of the event, which you have to read from the bottom up. The question that always accompanies mass protests is what actions should come of it? Tarsha Jackson, who is still awaiting a court ruling to allow the runoff in City Council District B to proceed, posted on Facebook nine specific items to address in the city’s collective bargaining agreement with the police union. Seems to me that if you believe the problem is mostly “a few bad apples”, then you should want to make it easier to pluck those apples out of the barrel, or at least make it so they have a harder time advancing in their career. These ideas have been out there since 2018. Do we have the will to fight for them?

Three other things. One, you can make a contribution to support bail funds around the country here. Two, William Barr needs to be arrested at the first opportunity. And three, our two US Senators really suck. You can do something about one of them this November.

District B lawsuit drags on

Double ugh.

Cynthia Bailey

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

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

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

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

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

[…]

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

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

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

District B ruling appealed

Ugh.

Cynthia Bailey

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

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

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

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

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

[…]

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

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

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

January 2020 campaign finance reports: City of Houston

We’re done with the 2019 Houston election cycle, but there are still things we can learn from the January 2020 campaign finance reports that city of Houston candidates and officeholders have to file. Other finance report posts: My two-part look at the State House was here and here, Harris County offices were here, statewide races were here, and SBOE/State Senate races were here.


Candidate     Raised      Spent     Loan     On Hand
====================================================
Turner       359,567    780,735        0     293,503
Peck           1,075     17,435    5,000          72
Davis          4,000     14,164        0     139,068
Kamin         24,158     93,810        0      18,717
E-Shabazz     14,394     18,965        0       2,145
Martin        14,600     48,754        0     148,989
Thomas        20,263     21,642        0      11,675
Travis         9,850     70,904   21,000      51,484
Cisneros      15,050     44,687        0      24,169
Gallegos      16,850     46,055        0      76,776
Pollard        4,525     25,007   40,000       1,882
C-Tatum       16,250      8,520        0      71,747
Knox           6,900     29,075        0       4,302
Robinson      11,625     82,515        0      40,735
Kubosh        14,770     31,570  276,000      94,540
Plummer       71,168     83,491   21,900      11,068
Alcorn        21,535     76,313        0      16,374
Brown          1,650    102,340   75,000      14,128

Bailey             0      2,400    2,600          70
Jackson       43,845     18,338        0      28,343

Buzbee         1,903    460,888        0      63,531
King          29,925    161,047  420,000      11,567
Parker             0     38,750        0      26,184
Laster             0     12,579        0     162,209
Salhotra      24,010     75,837        0       9,060
Sanchez       40,056     92,678        0      10,636
Edwards          499    109,812        0      89,987

HouStrongPAC       0     10,000        0      51,717

Nominally, this period covers from the 8 day report before the November election (which would be October 27) to the end of the year, but for most of these folks it actually covers the 8 day runoff report to the end of the year, so basically just the month of December. In either case, this is the time when candidates don’t raise much but do spend down their accounts, as part of their GOTV efforts. For those who can run for re-election in 2023, they will have plenty of time to build their treasuries back up.

Mayor Turner will not be running for re-election again, but it’s not hard to imagine some uses for his existing (and future) campaign cash, such as the HERO 2.0 effort or the next round of city bonds. He can also use it to support other candidates – I’m sure he’ll contribute to legislative candidates, if nothing else – or PACs. That’s what former Mayor Parker has done with what remains of her campaign account. Nearly all of the $38,750 she spent this cycle went to the LGBTQ Victory fund, plus a couple of smaller contributionss to Sri Kulkarni, Eliz Markowitz, and one or two other campaigns. Tony Buzbee has restaurant bills to pay, and those endless emails Bill King spams out have to cost something.

Others who have campaign accounts of interest: As we know, Jerry Davis has transferred his city account to his State Rep campaign account. I’ve been assuming Mike Laster is going to run for something for years now. The change to four-year Council terms may have frozen him out of the 2018 election, when he might have run for County Clerk. I could see him challenging a Democratic incumbent in 2022 for one of the countywide offices, maybe County Clerk, maybe County Judge, who knows. It’s always a little uncomfortable to talk about primary challenges, but that’s what happens when there are no more Republicans to knock out.

Other hypothetical political futures: Dave Martin could make a run for HD129 in 2022 or 2024, or he could try to win (or win back) Commissioners Court Precinct 3 in 2024. If Sen. Carol Alvarado takes my advice and runs for Mayor in 2023, then maybe State Rep. Christina Morales will run to succeed her in SD06. If that happens, Robert Gallegos would be in a strong position to succeed Morales in HD145. Michael Kubosh wasn’t on my list of potential Mayoral candidates in 2023, but maybe that was a failure of imagination on my part. As for Orlando Sanchez, well, we know he’s going to run for something again, right?

You may be wondering, as I was, what’s in Amanda Edwards’ finance report. Her activity is from July 1, since she wasn’t in a city race and thus had no 30-day or 8-day report to file. Her single biggest expenditure was $27K to Houston Civic Events for an event expense, and there were multiple expenditures categorized as “Loan Repayment/Reimbusement” to various people. Perhaps she has transferred the balance of her account to her Senate campaign by this time, I didn’t check.

Most of the unsuccessful candidates’ reports were not interesting to me, but I did want to include Raj Salhotra here because I feel reasonably confident that he’ll be on another ballot in the short-term future. The HISD and HCC Boards of Trustees are both places I could see him turn to.

Last but not least, the Keep Houston Strong PAC, whose treasurer is former Mayor Bill White, gave $10K to Move to the Future PAC. That’s all I know about that.

The Jerry Davis situation

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

CM Jerry Davis

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

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

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

[…]

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

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

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

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

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

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

To date, no one has challenged Davis’ eligibility.

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

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

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

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

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

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

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

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

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

Bailey stays on District B runoff ballot

Hopefully, this is the end of the line.

Cynthia Bailey

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

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

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

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

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

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

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

[…]

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

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

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

District B lawsuit has its hearing

Feels like we’ve been waiting forever for this.

Cynthia Bailey

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

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

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

[…]

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

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

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

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

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

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

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

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

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

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

District B runoff lawsuit hearing set

Let’s hope for a quick verdict.

Cynthia Bailey

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

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

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

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

[…]

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

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

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

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

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

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

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

Meanwhile, in other Council race news:

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

UPDATE: Stace has more.

We continue to wait on the District B runoff

Ugh.

Cynthia Bailey

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

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

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

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

[…]

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

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

[…]

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

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

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

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

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

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

District B runoff lawsuit moved to another court

Still up in the air.

Cynthia Bailey

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

[…]

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

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

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

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

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

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

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

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

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

8 Day runoff 2019 campaign finance reports

We start with a Chron story.

Mayor Sylvester Turner raked in more than $1.7 million from late October through early December and spent roughly the same amount, leaving him with almost $600,000 for the final days of the runoff, according to a campaign finance report filed Friday.

The total marked a fundraising surge for Turner, who was aided by newly reset donor contribution limits for the runoff, though he still was outspent by Tony Buzbee, a millionaire trial lawyer and the mayor’s opponent in the Dec. 14 contest.

Buzbee, who is self-financing his campaign and refusing all campaign contributions, put $2.3 million of his own money into the campaign last month and spent almost $3.1 million between Oct. 27 and Wednesday, leaving him with about $524,000.

With a week to go in the election, Buzbee and Turner have now combined to spend about $19 million in what has become easily the most expensive Houston mayoral race yet. Buzbee has spent $11.8 million of the $12.3 million he has put into his campaign account, while Turner has spent $7.2 million since the middle of 2018.

As an earlier story notes, self-funding has only occasionally been a winning strategy in Houston. I don’t expect it to be any different this time, but I do note that Buzbee’s basic strategy has changed. I still haven’t seen a Buzbee TV ad since November, but we’ve gotten a couple of mailers (someone needs to clean up his database if he’s mailing to me), I’ve seen a bunch of web ads, and he’s been littering the streets with signs. Gotta spend that money on something.

Here’s a summary of the 8 day reports for the runoff:


Race   Candidate     Raised      Spent     Loan     On Hand
===========================================================
Mayor  Turner     1,741,906  1,722,625        0     597,624
Mayor  Buzbee     2,300,000  3,076,360        0     524,420

A      Peck          38,075     39,252    5,000      15,373
A      Zoes           6,600      7,562    4,000       3,723

B      Jackson
B      Bailey           355        284      200          70

C      Kamin        180,528    137,396        0     173,370
C      Kennedy       35,160     18,343        0      25,995

D      Shabazz       31,490     28,575        0       5,009
D      Jordan        28,190     11,688        0      53,724

F      Thomas        
F      Huynh         

H      Cisneros      54,700     75,012        0      41,632
H      Longoria      36,945     32,906        0      20,946

J      Rodriguez
J      Pollard       38,016     47,147   40,000      22,864

AL1    Knox          69,710     49,857        0      16,073
AL1    Salhotra     128,672    121,736        0      64,150

AL2    Robinson     111,280    199,791        0     189,649
AL2    Davis         27,725     10,367        0      19,816

AL3    Kubosh        72,215     69,164  276,000     113,500
AL3    Carmouche     17,570     11,757        0       5,812

AL4    Plummer       41,915     44,501   21,900      12,443
AL4    Dolcefino     19,215     17,482        0       6,478

AL5    Alcorn       195,105    154,757        0      49,463
AL5    Dick           1,100     65,205   75,000       2,545

I think there must be some reports that have not been uploaded – the Chron story mentions Sandra Rodriguez’s numbers, but there was no report visible on Saturday. It and the others may be there on Monday. In the Council races, what we see here is a continuation of what we had seen before. Big fundraisers raised big money, others didn’t. Eric Dick did his spend-his-own-money-and-file-weird-reports thing. Most of the spending has not been particularly visible to me – I’ve gotten a mailer from Robinson and Turner, and that’s about it.

How much any of this moves the needle remains to be seen. As we know from the Keir Murray reports, the runoff electorate is very similar in nature to the November electorate. That’s obviously better for some candidates than for others. If you think of fundraising in runoffs as being like the betting markets to some extent, then we’re probably headed towards the expected results. We’ll see if there are any surprises in store.

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

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

Cynthia Bailey

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Another District B update

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

Cynthia Bailey

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

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

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

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

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

[…]

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

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

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

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

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

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

[…]

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

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

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

District B runoff still up in the air

Hoo boy.

Cynthia Bailey

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

[…]

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

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

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

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

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

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

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

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

Cynthia Bailey remains on District B runoff ballot

For now, at least.

Cynthia Bailey

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

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

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

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

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

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

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

Lawsuit filed over District B candidate eligibility

All right then.

Cynthia Bailey

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

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

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

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

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

[…]

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

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

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

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

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

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

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

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

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

Final results are in

Here they are. Refer to my previous post for the initial recap, I’m going to be very minimalist. Let’s do this PowerPoint-style, it’s already been a long day:

Mayor – Turner fell short of 50%, landing up a bit below 47%. He and Buzbee will be in a runoff. Which, if nothing else, means a much higher turnout for the runoff.

Controller: Chris Brown wins.

District A: Peck versus Zoes.
District B: Jackson versus Bailey.
District C: Kamin versus Kennedy. Gotta say, it’s a little surprising, but quite nice, for it to be an all-Dem runoff. Meyers came close to catching Kennedy, but she hung on to second place.
District D: Brad Jordan had a late surge, and will face Carolyn Evans-Shabazz in the runoff. If Evans-Shabazz wins, she’ll need to resign her spot on the HCC Board, so there would be another new Trustee if that happens.
District F: Thomas versus Huynh. Other than the two years we had of Richard Nguyen, this seat has pretty much always been held by a Republican. Tiffany Thomas has a chance to change that.
District H: Cisneros verusus Longoria.
District J: Pollard versus Rodriguez. Sandra Rodriguez had a late surge and nearly finished ahead of Pollard. Very evenly matched in Round One.

At Large #1: Knox versus Salhotra. Both candidates will benefit from the Mayoral runoff, though I think Raj may be helped more.
At Large #2: Robinson versus Davis, a rerun from 2015.
At Large #3: Kubosh slipped below 50% and will face Janaeya Carmouche in overtime.
At Large #4: Dolcefino versus Plummer. We will have somewhere between zero and four Republicans in At Large seats, in case anyone needs some non-Mayoral incentive for December.
At Large #5: Alcorn versus Eric Dick. Lord, please spare me Eric Dick. I don’t ask for much.

HISD: Dani Hernandez and Judith Cruz ousted incumbents Sergio Lira and Diana Davila. Maybe that will make the TEA look just a teeny bit more favorably on HISD. Kathy Blueford Daniels will face John Curtis Gibbs, and Matt Barnes had a late surge to make it into the runoff against Patricia Allen.

HCC: Monica Flores Richart inched up but did not make it to fifty percent, so we’re not quite rid of Dave Wilson yet. Rhonda Skillern-Jones will face Kathy Lynch-Gunter in that runoff.

HD148: A late surge by Anna Eastman gives her some distance between her and Luis La Rotta – Eastman got 20.34%, La Rotta 15.84%. The Republican share of the vote fell from 34% to 32%, right on what they got in this district in 2018.

Now you are up to date. Go get some sleep.

2019 election results: Houston and Metro

Unfortunately, we have to start with this:

Results of Tuesday’s election could take until 2 a.m. Wednesday after the Texas Secretary of State issued a new regulation that upended plans by the Harris County Clerk’s Office to speed vote counting.

The first tubs containing electronic ballot cards from across Harris County arrived at central count just before 9:30 p.m., where election judges and poll watchers waited to see the vote count in action.

Dr. Diane Trautman said she had hoped to have votes come in from 10 countywide drop-off locations, fed in through a secured intranet site, leading to faster results on election night.

Instead, Secretary Ruth R. Hughs ordered on Oct. 23 that law enforcement officers would instead escort the ballot box memory cards from each of the 757 polling sites to the central counting station.

That change, made nearly two weeks before Election Day, led to a major delay that left voters wondering for hours how races up and down ballot would turn out.

Early election results trickled in shortly after 7 p.m., but remained virtually unchanged for hours Tuesday.

Here’s the County Clerk’s statement about that order. I don’t know what was behind it, but it sure did gum things up. In the end, final results were not available till quite late, with no more partial results after midnight because producing those was slowing down the input process. Here’s the later statement on when results would be expected. Suffice to say, this was a mess, and no one is happy about it all. Expect there to be an extended fight between the County Clerk and SOS offices.

Anyway. I’m still groggy from a late night, so I’m going to hit the highlights, and we’ll get final results later. Here we go.

Mayor: Turner leads, is close to a majority.

Mayor Sylvester Turner held a wide lead over Tony Buzbee in limited early returns late Tuesday and was within striking distance of an outright re-election win, though it was unclear at press time if he would secure enough votes to avoid a runoff.

Buzbee, a millionaire trial lawyer, jumped out to an early second-place lead that he appeared likely to retain over Bill King, an attorney and businessman who narrowly lost a 2015 runoff to Turner but struggled this time to compete financially with Buzbee, his main rival for conservative votes.

With a small share of Election Day precincts reporting, Turner remained a shade under the majority vote share he would need to avoid a December runoff against Buzbee.

Councilman Dwight Boykins, who competed with Turner for the support of Democratic and black voters, trailed in fourth place, while former councilwoman Sue Lovell was further behind in fifth. Seven other candidates combined for the remaining share of the vote.

Adding in the Fort Bend results, and we get the following:


Turner     63,359  47.28%
Buzbee     39,361  29.37%
King       17,878  13.34%
Boykins     7,848   5.86%
Lovell      1,433   1.07%
The Rest    4,121   3.08%

Three things to think about: One, Turner has at this point more votes than Buzbee and King combined, so if we do go to a runoff that’s not a bad position to start with. Two, the Election Day results reported so far came mostly from Districts A, C, E, and G, so they would be more favorable to Buzbee and King than the city as a whole. And three, the election polling was pretty accurate, especially at pegging the support levels for Boykins and Lovell.

Oh, and a fourth thing: Tony Buzbee’s drunken Election Night speech. Yowza.

Controller: Incumbent Chris Brown leads

It’s Brown 62,297 and Sanchez 54,864 adding in Fort Bend, and again with mostly Republican votes from yesterday (Sanchez led the Election Day tally by about 1,700 votes). Barring a big surprise, Brown has won.

City Council: Most incumbents have big leads, and there’s gonna be a lot of runoffs. To sum up:

District A: Amy Peck has 44.3%, George Zoes 16.8%
District B: Tarsha Jackson 21.0%, Renee Jefferson Smith 15.1%, Cynthia Bailey 13.7%, Alvin Byrd 10.7%
District C: Abbie Kamin 30.8%, Shelley Kennedy 15.8%, Greg Meyers 14.4%, Mary Jane Smith 14.0%
District D: Carolyn Evans-Shabazz 19.0%, Carla Brailey 12.3%, Brad Jordan 11.9%, Rashad Cave 11.4%, Jerome Provost 10.4%, Andrew Burks 10.3%
District E: Dave Martin easily wins
District F: Tiffany Thomas 39%, Van Huynh 24%, Richard Nguyen 18%
District G: Greg Travis easily wins
District H: Karla Cisneros 38.9%, Isabel Longoria 27.5%, Cynthia Reyes-Revilla 24.0%
District I: Robert Gallegos easily wins
District J: Edward Pollard 32.4%, Sandra Rodriguez 26.4%, Barry Curtis 19.7%
District K: MArtha Castex-Tatum easily wins

At Large #1: Mike Knox 38.1%, Raj Salhotra 21.1%, Yolanda Navarro Flores 16.3%, Georgia Provost 14.7%
At Large #2: Davis Robinson 38.9%, Willie Davis 28.8%, Emily DeToto 18.8%
At Large #3: Michael Kubosh 50.8%, Janaeya Carmouche 20.6%
At Large #4: Anthony Dolcefino 22.9%, Letitia Plummer 16.4%, Nick Hellyar 12.8%, Ericka McCrutcheon 11.3%, Bill Baldwin 10.5%
At Large #5: Sallie Alcorn 23.2%, Eric Dick 22.0%, no one else above 10

Some of the runoff positions are still very much up in the air. Michael Kubosh may or may not win outright – he was only at 46% on Election Day. Name recognition worth a lot (Dolcefino, Dick) but not everything (both Provosts, Burks). Not much else to say but stay tuned.

HISD: Davila and Lira are going to lose

Dani Hernandez leads Sergio Lira 62-38, Judith Cruz leads Diana Davila 64-36. Kathy Blueford Daniels is close to fifty percent in II but will likely be in a runoff with John Curtis Gibbs. Patricia Allen, Reagan Flowers, and Matt Barnes in that order are in a tight battle in IV.

HCC: No story link on the Chron front page. Monica Flores Richart leads the execrable Dave Wilson 47-34 in HCC1, Rhonda Skillern-Jones leads with 45% in HCC2 with Kathy Lynch-Gunter at 26%, and Cynthia Lenton-Gary won HCC7 unopposed.

Metro: Headed to easy passage, with about 68% so far.

That’s all I got for now. Come back later for more.

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

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


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

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

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

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

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

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

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

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

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

Endorsement watch: At Large 5 and District B

A much better decision by the Chron was to endorse Sallie Alcorn in At Large #5.

Sallie Alcorn

Alcorn, who is running for At-Large Position 5, has spent the past 10 years at City Hall — serving as chief of staff for three council members and as senior staff analyst for the city’s flood recovery officer. She has also worked in the city’s Department of Housing and Community Development.

In that time, Alcorn was instrumental in getting the city’s Adopt-A-Drain program launched, helped develop a public-private partnership that brought a Pyburn’s grocery store into the Sunnyside neighborhood and managed a task force focused on redevelopment and flooding policies.

“I have learned what works what doesn’t, when local government can help and when it should stay out of the way,” Alcorn, 57, told the editorial board.

Alcorn’s familiarity with the inner workings of city government and the needs of constituents showed when she listed the issues facing the next city council. She ticked off the big ones — flood mitigation, infrastructure, transportation, making the city more green and walkable, shoring up city finances — but also noted the kinds of services that most impact residents’ lives: reliable and effective public safety, trash and recycling, quality librariesand a faster permitting process.

“I know who to call to get things done, if your trash needs picked up, if you’ve got a pothole problem, if you’ve got a permitting issue,” Alcorn said. “That’s the meat of City Council, and there’s nothing more satisfying than helping a constituent make their way to resolve an issue in the community.”

Experience is a fine thing if it’s used well. My interview with Sallie Alcorn is here, my interview with Ashton Woods, who did not screen with the Chron, is here, and the relevant July finance reports are here.

Back to district races, and the Chron endorses Tarsha Jackson for B.

Tarsha Jackson

It’s a sign of the character of City Council District B that voters will have a number of good candidates to choose from to succeed Jerry Davis, who after seven years representing the north Houston district that includes the Fifth Ward, Acres Homes, Greenspoint, Leland Woods and George Bush Intercontinental Airport is ineligible to run for another term.

The notable competitors to replace Davis include medical spa owner Renee Jefferson Smith, who worked so hard to help Hurricane Harvey victims that the city named a day in her honor; community activist Huey German-Wilson, who first became active politically 15 years ago in the fight to keep Kashmere High School open; Alvin D. Byrd, a former sanitation worker who climbed the ladder to later become chief of staff to two Council members, Jarvis Johnson and Richard Nguyen; and Broderick F. Butler, a public policy analyst who at different times was chief of staff for both Rodney Ellis and Sylvester Turner when they served in the Legislature.

The candidate whose background seems best suited to make an immediate impact, however, is Tarsha Jackson. She’s not a City Hall insider, but as the Harris County director for the Texas Organizing Project, she knows how the legislative process works and can use skills she learned as a lobbyist on behalf of District B residents.

Jackson, 48, who grew up in Acres Homes, told the editorial board that economic development would be a priority if she is elected. “The lack of businesses bothers me the most,” she said. “Greenspoint Mall has only a few open stores. It’s important that we create opportunities for people to make livable wages. I want to fight for the changes my district deserves.”

[…]

Jackson became an activist 18 years ago after her 10-year old son, Marquieth, was taken from school in handcuffs by police for kicking a teacher. She helped form Texas Families of Incarcerated Youth, which was instrumental in getting the Legislature to pass a juvenile justice reform bill in 2007 that stipulates youths won’t be sent to jail for committing a misdemeanor.

Now, she wants to address crime as a Council member. “When you have police taking people downtown for a traffic ticket, fees and fines they are not in our neighborhoods responding to grandma’s call about someone busting her window open,” said Jackson. “It would strengthen the police’s relationship with the community if they’re not over-policing them on traffic tickets, fees and fines.”

I have not done interviews in District B but intend to return to it in the runoffs. Relevant July finance reports are here.

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

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

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

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

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


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

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

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

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

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

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

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

Two Geto Boys are better than one

Again I say, sure, why not.

Willie Dennis

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

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

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

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

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

[…]

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

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

Is there some fretting about Mayor Turner?

Maybe? I don’t know. I guess it depends on how you define “fretting”.

Mayor Sylvester Turner

The resignation of Mayor Sylvester Turner’s top deputy – a social justice advocate and one of the mayor’s few confidants in a sea of senior staff appointed by the previous mayor – is fueling worry among aides and allies about the administration’s commitment to the progressive policy goals on which he campaigned.

Turner for months has downplayed his unusual decision to entrust much of the implementation and communication of his policies to his predecessor’s staff, urging focus on big-ticket accomplishments, such as bringing a pension reform deal to the state legislature, soothing tempers on City Council and closing last year’s $160 million budget gap.

However, chief of staff Alison Brock’s departure just 15 months into Turner’s term has stoked renewed angst among supporters who think Turner has not championed the progressive platform for which they worked to get him elected.

“We’re a little concerned, because she was that voice at the table, so we were confident our concerns were being heard,” said Tarsha Jackson of the Texas Organizing Project. “Now, we’re just hopeful the mayor gets someone that shares his vision, the vision that he had when he ran for office. We don’t have an ally in the mayor’s office right now.”

Jackson, who met and befriended Brock in 2004 when she was Turner’s legislative aide, said TOP’s attempts to reform city economic development policies have stalled, despite Brock’s support.

Labor leader Linda Morales said the same of her efforts to push an ordinance asking city contractors to provide better wages, community engagement and job training.

“Labor wants to be a partner with the mayor,” she said. “We want him to speak to his staff and get on the program with us because it’s his agenda we’re trying to push.”

Turner distinguished himself as a candidate on such issues, calling for a higher minimum wage and pushing the city to require recipients of tax incentives to pay higher salaries. He also decried Houston’s economic inequality, stressing the need to “build a city for the middle class.”

Despite maintaining similar rhetoric in office, the mayor has hesitated to bring forward sweeping progressive policy proposals. His much-hyped “Complete Communities” plan aimed at revitalizing Houston’s under-served neighborhoods, for example, still awaits implementation. As for employee benefits, the city passed an ordinance last year suggesting companies seeking tax breaks offer additional benefits but did not require them to do so.

“The mayor is being cautious, in my opinion maybe too cautious. He’s got issues he wants to pass at the state Legislature, so he’s trying to make his way through the land mines without having folks hurt his possibility of passing pension reform,” said Morales, of the Texas Gulf Coast Area Labor Federation, AFL-CIO. “I understand that totally, but there’s other things I know, as a collective, progressives want to move.”

The mayor bristled at any perception of sluggish progress.

“Compare my track record with any previous mayor, and if they did as much. Name me one mayor in the last 20 years that has brought forth a pension reform package to this point. … Name me one mayor that has attended more events than I have,” Turner told reporters. “Even though I came in on a very close vote, I have governed in a very uniform, universal fashion.”

Texas Southern University political scientist Jay Aiyer largely agreed.

“Other than (former Mayor Bob) Lanier, he’s probably the most successful first-term mayor I’ve seen,” said Aiyer, who served as former mayor Lee Brown’s chief of staff.

I get Tarsha Jackson and Linda Morales’ concerns. Mayor Turner did run a progressive campaign, and he did talk about a lot of non-pension things. To be fair, that was in part because the other guy was talking about it more than enough for everyone. Mayor Turner was always going to have to deal with that, and I feel like lots of things are sort of waiting in the wings until a pension bill gets through the Legislature. (Assuming one does; if that doesn’t happen, it’s hard to say what comes next.) That was basically the theme of look back at Year One story on the Mayor. I think it’s fair to say that if he gets a win on this big issue, it not only restores a lot of oxygen for everything else, it gives him some momentum and capital to push for things that will generate significant political opposition, which includes a lot of the agenda Jackson and Morales are hoping to see get enacted.

I recognize that it sucks to hear that these progressive items that Mayor Turner campaigned on have to wait. It’s far from the first time that has been the message, and I’m sure Jackson and Morales have lost count of the number of times they have heard it. I don’t know what else to suggest other than if you think Mayor Turner is still basically the same person as Candidate Turner was, you’ll need to have faith that he will do as he said he would. Easy for me to say, I know. The other thing I could add is that given the anti-local control nature of this legislative session, there are strategic reasons for waiting till after sine die to roll out a plan for an increased minimum wage or the like. Again, I know what that sounds like. Jackson and Morales clearly understand how and why things are. A little reminder to the Mayor that they’re still here seems like a reasonable strategy. A press release from the Mayor in response to this story is here.