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October, 2018:

Early voting, Day 9: Who are these people?

The question keeps getting asked, who is it that has been voting so far?

An unprecedented number of Texans cast their ballots during the first week of early voting, but it is impossible to predict whether that surge will benefit Republicans or Democrats because more than 25 percent of the voters have no primary election voting history, an analysis of data from the Secretary of State shows.

People whose voting records provide no clue of their party affiliation cast 27.8 percent of the ballots in the 15 most populous counties in Texas, according to the analysis by Republican consultant Derek Ryan.

About one-third of the early voters in those counties had voted in a Republican primary in the past; for Democrats, it was 30 percent. Those percentages are consistent with early voting totals from the last midterm primary, in 2014, Ryan said.

But the 2018 numbers leave too many unknowns to draw conclusions, Ryan said.

“Unless somebody’s out there polling those people and calling them, there’s really no way necessarily to know if those people are voting Republican or Democrat,” Ryan said. “The same goes for the people that have primary history. Just because somebody voted in a Republican primary, it doesn’t always necessarily mean that they’re a Republican or that they are voting for all the Republicans on the ballot.”

In Harris County, 30 percent of early voters had no primary voting history. Thirty-three percent of early voters in the county most recently voted in a Republican primary, compared to 28.6 percent who most recently voted in a Democratic primary.

In Bexar County, 28.5 percent of early voters had no primary voting history. For those who have cast ballots in primary elections before, 29.3 percent most recently voted in a Republican primary, compared to 32.6 percent who most recently voted in a Democratic primary.

The 15-county analysis also found an increase in voters with Hispanic surnames. Those voters have cast 19 percent of the ballots in early voting so far; in 2014, 15.2 percent of early voters in Texas had Hispanic surnames.

In the 2018 election, People aged 60 to 69 made up 21 percent of early voters so far, the largest age group, the 15-county analysis shows. Voters aged 50-59 made up the second largest group at just under 20 percent, and voters aged 40-49 percent made up the third largest group at about 15 percent. Early voters aged 20-29 made up about 8 percent. This breakdown was consistent with totals for the 2014 midterm elections.

One point to bear in mind when pondering the people with no primary history: In 2016, 2.8 million people voted in the Republican primary in Texas. That means that the no-primary-history people are not from that group. The comparable figure from 2016 for Dems is 1.4 million people. It’s true that in 2008, some 2.8 million people voted in the Democratic primary, but that was five election cycles ago. There are a lot of people who have voted in Texas elections since then who could not or did not participate in the 2008 primary.

I don’t want to draw any broad inferences from that. There were still about two million people who voted mostly Republican in November of 2016 but not in March, and a bit more than that on the Democratic side. The people with no primary history are mostly evidence of a larger electorate, for which I think we can all agree we already have evidence. There is evidence of more younger voters and of unlikely voters. I’ll say that benefits Democrats, but remember that Dems can do a lot better in 2018 than they did in 2014 and still fall short.

So. Here are the totals for Tuesday, and here are the daily totals from 2010, from 2014, and from 2016, as well as a spreadsheet with totals from 2004, 2008, 2012, and 2016. The running tallies:


Year    Mail    Early    Total
==============================
2010  45,219  250,066  295,285
2014  60,400  191,432  251,832
2018  80,279  557,264  637,543

2008  47,413  443,267  490,680
2012  59,304  491,349  550,653
2016  86,456  626,627  713,083

A little less than Monday, but still 62K in person and 64K overall. By tomorrow, barring a complete dropoff, we will surpass the entire final turnout for 2014. By Friday, even if there isn’t the usual end-of-early-voting surge and we stay on the same pace as now, we’ll surpass the entire final turnout for 2010. Have I mentioned that we were breaking records and the only real question was by how much? This is what I mean. Things are pretty brisk in Dallas County, too. Have you voted yet?

Zerwas out, Bonnen in for Speaker

A harbinger of intrigue.

Rep. John Zerwas

State Rep. John Zerwas, a Richmond Republican, has withdrawn from the race for speaker of the Texas House, he confirmed to The Texas Tribune on Sunday evening.

“I am grateful for the opportunities I have had to engage with the members of the House. The honest conversations are critical to the relationships I have, and I am honored to work with such principled leaders,” he said in a statement to the Tribune. “While I believe that I could lead the House through a successful 2019 session, it has come time for me to end my bid for Speaker and wholly focus on writing the budget for the 2020-2021 biennium.”

His departure comes amid an effort among roughly 40 GOP House members to draft state Rep. Dennis Bonnen, R-Angleton, into the race. Bonnen did not immediately respond to a request for comment from The Texas Tribune.

On Sunday night, that group of 40 members was scheduled to gather in Austin to discuss recruiting him for the job. Bonnen previously had told The Texas Tribune in May that he was not interested in running for the top slot in the lower chamber. The Tribune was told Sunday night that Bonnen was not at the meeting.

There are still a lot of Speaker wannabes. Zerwas was the first among them, declaring his intent to run right after Joe Straus announced his departure. My speculation when I read this was that the various Straus-like candidates have concluded their best move is to consolidate behind one candidate that they think can win, someone who Democrats and enough Republicans can support, so as to pre-empt the non-Straus contenders. For that to happen, to assuage egos and whatnot, the compromise/consensus candidate would have to be someone who is not currently a candidate. And thus it was:

State Rep. Dennis Bonnen, R-Angleton, said Tuesday he is officially running for speaker of the Texas House — two days after an Oct. 28 meeting in Austin, where roughly 40 GOP House members gathered to discuss recruiting him for the job.

“Throughout my career in the House, I have always emphasized my respect for the institution as a whole as well as the unique position each member has to serve their district,” Bonnen said in a statement. “I look forward to the many conversations to come with members across the state. My desire, which I believe I share with the vast majority of my colleagues, is that this process come to a conclusion with a House ready to do the people’s business with strength, resolve, and unity in the 86th Legislative Session.”

Clearly, they were sufficiently persuasive. Not to put too fine a point on it, but this is more or less how Straus emerged as a contender for Speaker in the first place – the dozen or so renegade Republicans who were publicly gunning for Tom Craddick emerged from a meeting with him as their exemplar, and after that it was all a matter of counting noses. We’ll see if it works.

“The least-discussed vulnerable Republican on the ballot”

From Grits:

Grits does not expect Beto O’Rourke to win. But if he were to pull off the upset, many other dominos could fall in succession as a result, with at least three Republican senators, Texas’ Attorney General, and potentially even the Lt. Governor at risk. Another race likely to flip if Dem turnout goes that high is Presiding Judge of the Texas Court of Criminal Appeals. Incumbent Sharon Keller won her primary with only 52% of the vote, and CCA races have consistently been among the lowest vote-getters over the years among Republican statewide officials. There is no Libertarian in the race, so the Democrat, Maria Jackson, should get all the anti-incumbent vote. If, on election night, the US Senate race at the top of the ticket is competitive, or heaven forbid, Beto pulls an upset, check down the ballot for this race; it may flip, too.

It’s a little more complicated than that. The basis of this idea, which Grits has advanced before, is that in past elections Republicans have tended to drop off and not vote in downballot races more than Democrats have. If that is the case, and if the top of the ticket features a close race, then it stands to reason that other statewide races would be closer, and might even flip. I made the same observation early in the 2016 cycle when the polls were more favorable to Hillary Clinton in Texas. We seem to be headed for a close race at the top of the ticket this year, so could this scenario happen?

Well, lots of things can happen, but let’s run through the caveats first. First and foremost, Republicans don’t undervote in downballot races at the same pace in off years as they do in Presidential years. Here’s how the judicial vote totals from 2014 compared to the top of the ticket:


2014

Abbott - 2,796,547
Davis - 1,835,596

Candidate         Votes   Dropoff   Drop %
==========================================
Hecht         2,757,218    39,329     1.4%
Brown         2,772,824    23,723     0.8%
Boyd          2,711,363    85,184     3.0%
Richardson    2,738,412    58,135     2.1%

Moody         1,720,343   115,253     6.3%
Meyers        1,677,478   158,118     8.6%
Benavides     1,731,031   104,565     5.7%
Granberg      1,671,921   163,375     8.9%

Maybe if the hot race that year had been more closely contested we’d see something more like what we’ve seen in Presidential years, but so far this isn’t encouraging for that hypothesis.

The other issue is that it’s clear from polling that Beto is getting some number of Republican votes. That’s great for him and it’s a part of why that race is winnable for him, but the Republicans who vote for Beto are probably going to vote for mostly Republicans downballot. The end result of that is judicial candidates who outperform the guy at the top. Like what happened in 2016:


Trump    = 4,685,047
Lehrmann = 4,807,986
Green    = 4,758,334
Guzman   = 4,884,441
Keel     = 4,790,800
Walker   = 4,782,144
Keasler  = 4,785,012

So while Trump carried Texas by nine points, these judicial candidates were winning by about 15 points. Once more, not great for this theory.

Now again, nine points isn’t that close, or at least not close enough for this scenario to be likely. (I had suggested a maximum six-point spread in 2016.) Nine points in this context is probably a half million votes, and undervoting isn’t going to cut it for making up that much ground. But if Beto is, say, within four points (or, praise Jeebus, he wins), and if the reason he’s that close is primarily due to base Democratic turnout being sky high and not anti-Cruz Republicans, then the rest of the statewide ballot becomes very interesting. I personally would bet on Ken Paxton or Sid Miller going down before one of the Supreme Court or CCA justices, but the closer we are to 50-50, the more likely that anything really can happen. You know what you need to do to make that possible.

Translators

I wish there were a better way to handle this.

The Harris County Clerk’s office on Monday defended a decision by election workers to bar translators offering assistance to Korean-American voters from a Spring Branch polling site the day before.

The county said translators are free to approach voters outside the 100-foot protected zone at each polling place, but Dona Kim Murphey of the Korean-American Association of Houston said Harris County is too strict in its interpretation of the Texas Election Code.

“Nowhere does it say we can’t offer that translation at the entrance of the facility,” Murphey said. “That is unacceptable.”

Local Korean-language outlets urged voters to cast ballots at the Trini Mendenhall Community Center on Sunday because translators, including Murphey, would be there to provide assistance. She said poll workers barred the group of translators from asking Korean speakers in line if they needed help.

The translators were permitted to approach voters in the parking lot, but Murphey estimated they were only able to help 40 to 50 Korean speakers instead of the hundreds they had planned. Several thousand Korean-Americans reside in Spring Branch, and more than 30,000 live in the Houston area.

Douglas Ray, a deputy in the Harris County Attorney’s Office, said the translators were considered loiterers under the Texas Election Code when they were inside the polling place, because they lacked a “legitimate business purpose” for being there. The code bars loitering and electioneering — advocating for a particular cause or candidate — within the 100-foot protection zone.

[…]

Voters are permitted to bring translators for assistance, so long as they swear an oath to translate accurately. Ray said the problem arose Sunday because the translators were asking voters if they needed help, instead of the other way around. Though journalists and exit pollsters are permitted to speak to voters waiting in line, with the permission of poll workers, Ray said translators offering help are prohibited.

Ray said translators are free to offer their services to voters at any point before they enter the 100-foot zone.

“We just don’t want them to solicit inside the polling place,” he said.

Sam Taylor, spokesman for the Texas secretary of state’s office, said the election code supports Harris County’s rationale because a translator who has yet to be requested by a voter does not meet the description of an authorized person who is permitted at a polling place.

See here for an earlier story. I suspect the county’s interpretation of the law is accurate, though perhaps there’s room for a little slack. More likely, I’d say this law was built on some less-than-progressive assumptions and could use a revamp by the Legislature. Wouldn’t be the first time this was the case. I’d like to see someone give this a thorough review and put forth a bill that makes it easier for well-meaning volunteers like the folks from the Korean American Association of Houston to help the people who need it at the polls.

Early voting, Day 8: On to Week 2

Here are the totals for Monday, and here are the daily totals from 2010, from 2014, and from 2016, as well as a spreadsheet with totals from 2004, 2008, 2012, and 2016. The running tallies:


Year    Mail    Early    Total
==============================
2010  42,795  214,778  257,573
2014  57,929  163,275  221,204
2018  78,590  494,712  573,302

2008  46,085  376,761  422,846
2012  57,031  429,186  486,217
2016  85,120  555,383  640,503

The in person total yesterday was roughly what it was on Friday, which is to say on the high end for Week 1 but not a step up. My guess is that today and Wednesday will be similar, Thursday will be about the same or a bit higher, and Friday as per usual will be the busiest day, maybe fifty percent or so higher than the totals we’ve seen so far. Again, roughly speaking, that puts us in range for 850K to 900K for the early voting period, perhaps a bit more than the “45% in the first five days” scenario I outlined here. Could still be more, likely won’t be less. We’ll all then guess what next Tuesday’s turnout will be. Have you voted yet? If not, when do you plan to hit the polls?

Quinnipiac: Cruz 51, O’Rourke 46

One last poll for the road.

Rep. Beto O’Rourke

U.S. Sen. Ted Cruz, R-Texas, leads El Paso Democrat Beto O’Rourke by 5 percentage points, according to a new poll from Quinnipiac University.

The poll, released Monday with just a over a week left before Election Day, found that 51 percent of likely voters favor Cruz and 46 favor O’Rourke, with just 3 percent undecided. Early voting in Texas is well underway, with numbers at historic highs that have given both campaigns reason for optimism.

[…]

“With a week to go, Texas U.S. Sen. Ted Cruz remains in front, with a slim lead over U.S. Rep. Beto O’Rourke. O’Rourke is within striking distance, but time is running out in a race that Democrats have hoped would deliver an upset victory that would be key to a Senate takeover,” Peter A. Brown, assistant director of the Quinnipiac University Poll, said in a news release.

The polling memo is here. Add this to the pile of other polls from October. The last Q-poll had it as Cruz 54, O’Rourke 45, but you should never read too much into any one poll. This poll also had Abbott leading Valdez 54-40, which is a more modest lead for Abbott than some other polls have shown. At this point, any other results, if they exist, would need to take into account people who have already voted. And when it’s all over, I’ll be very interested to hear from pollsters about how accurate their turnout models wound up being.

More campus voting issues

Hello, Texas State.

The long early voting line that wrapped around the LBJ Student Center earlier this week was a welcome sign to those at Texas State University who were hoping for strong enthusiasm among young voters on campus.

But with early voting on campus restricted to three days, civil rights attorneys, voting rights advocates and local Democrats are now raising the specter that the hour-and-a-half waits that students faced at the polling location could not only dim student turnout but also violate state and federal law.

In a letter sent to the county Thursday evening, lawyers with the Texas Civil Rights Project — on behalf of two Texas State students, MOVE Texas Action Fund and the League of Women Voters of Hays County — demanded that the county reopen the early voting location on campus and add an Election Day voting site to avoid a lawsuit.

Requesting a response by 12 p.m. Friday, the Texas Civil Rights Project alleged that the county’s decision to limit early voting at the on-campus location was a violation of the U.S. Constitution because it specifically targets a class of voters.

“The burdens imposed by closing the on-campus early voting location fall particularly and disproportionately on the county’s young voters, who are significantly more likely to live on or near campus and are less likely to have easy, immediate access to reliable transportation to vote off-campus,” Beth Stevens, the Texas Civil Right’s Project’s voting rights legal director, wrote.

The Texas Civil Rights Project also claimed the closure of the on-campus polling site violates two portions of the Texas election code — one that limits the number of temporary polling places in a county commissioner’s precinct and another that regulates the number of polling locations that must be set up for each voting precinct.

[…]

Access to early voting on college campuses varies across the state. Students at the University of Texas at Austin have access to two on-campus polling locations throughout the early voting period and on Election Day. Tarrant County is splitting up its early voting between several universities and colleges, offering three days of early voting at both the University of Texas at Arlington and Texas Christian University.

Meanwhile, students at the University of Houston and Rice University — both in Harris County — and University of North Texas in Denton will only have access to on-campus voting on Election Day.

See here for more on the Prairie View situation. In the end, Hays County Commissioners Court took corrective action.

After being threatened with a lawsuit over early voting access at Texas State University, Hays County commissioners voted Friday to expand voting hours on campus.

In an emergency meeting, the Republican-dominated court voted to re-open the early voting site that operated on campus during the first three days of early. The polling location at the LBJ Student Center will reopen on Nov. 1 and Nov. 2 from 7 a.m. to 7 p.m. The commissioners also agreed to add an Election Day voting site at the university.

“I want everyone to know and understand that we are doing our best. We are trying to follow the laws and allow the opportunity for all to be able to vote in the most efficient manner possible,” Commissioner Lon Shell, a Republican, said before the court went into executive session to discuss the issue.

Good. I mean, we are experiencing record turnout for early voting, which is one part a much higher level of engagement this year versus 2014, and one part more people shifting their behavior to vote early instead of on Election Day. Counties are going to need to respond to that, and they need to do so before voting begins. Not every college campus needs to have an early voting location, but at places like PVAMU and TSU it makes sense. Beyond that, let’s please not treat early voting locations differently. If a site is good for early voting, let it be as good as every other site in the county.

Schwertner claims sexually suggestive text did not come from his phone

His lawyers say that, anyway.

Sen. Charles Schwertner

Lawyers for state Sen. Charles Schwertner said Monday that the Georgetown Republican, under fire for allegedly sending lewd messages to a University of Texas at Austin student, submitted his phone to a forensic examiner who “determined that the photo and texts in question could not have come from the senator’s phone.”

“We are hopeful that the University of Texas will do the right thing and exonerate the senator immediately,” the lawyers, Perry Minton and David Minton, wrote in a joint statement. “The voters of Sen. Schwertner’s district deserve to have this information directly from the university.”

Representatives for the Austin flagship have declined to acknowledge or comment on the investigation, citing a need to protect the integrity of the process. A spokesman again declined to comment Monday. The examiner, R3 Digital Forensics of Austin, could not be immediately reached for comment.

The lawyers’ statement said Schwertner delivered his phone to a forensic examiner “to view the relevant contents,” but it did not provide more detail about how the examiner’s determination was reached or who retained the firm.

See here for the last update. It is possible to spoof caller ID in a text message, so it is possible that the grad student in question could have received a text that looked like it came from Sen. Schwertner but didn’t. However, as that link notes, it’s not something that the average person can do without installing a third-party app. What that says is that if this was a fake, it was a premeditated fake. You had to think about what you’re doing, maybe do some research first, to accomplish this. So that raises the question of who had that kind of grudge against Sen. Schwertner? It’s one thing to imagine someone, in a fit of pique and with access to Schwertner’s phone, doing something stupid. This is something else.

Assuming the claim is true, of course. We just have Schwertner’s attorneys’ word for it right now, and it’s possible they may not be telling the whole story. I’ll wait and see what UT and the respected former prosecutor they hired to investigate this before I consider the matter resolved.

Day 7 early voting: Let the hot takes begin

I’m just going to quote this bit from this story about how the Senate campaigns are interpreting the early vote turnout so far.

Derek Ryan, a GOP data consultant who previously worked for the state party, said there are a couple metrics among the 15 counties that could be heartening each candidate. In Ryan’s analysis, Republican primary voters currently have a 90,000-vote advantage over their Democratic counterparts in early voting — a margin that is “definitely going to help Cruz out considerably,” Ryan said.

O’Rourke, meanwhile, could be boosted by early voters who have not voted in a general or primary election over the last eight years — currently 8.5 percent versus 5 percent for the entire 2014 period, according to Ryan’s analysis.

“The campaigns are seeing the same numbers that we are,” Ryan said. “Cruz is probably focusing on these primary voters. Beto’s probably optimistic about the ones that don’t have any primary election history.”

Two additional pieces of context to add here. One is that it’s always helpful to have a point of comparison. What kind of primary voter advantage did Republicans (presumably) have in 2014? My guess is that it was greater than it is now, but it would be nice to know that. We can also tell a bit more about those people with no primary history; I’m sure Derek Ryan knows that, he may just not want to do that kind of analysis in public. There’s also the question of when each party’s voters tend to come out. In Harris County at least, the first five days tend to be Republican, the weekend belongs to the Democrats, then the last five days generally trend in the Dems’ direction from the baseline of the first week. From what I know, this pattern has held true so far, at a higher Democratic level than in 2014. Whether that will continue in this highly atypical year is anyone’s guess.

Anyway. Here are the totals for Sunday, and here are the daily totals from 2010, from 2014, and from 2016, as well as a spreadsheet with totals from 2004, 2008, 2012, and 2016. The running tallies:


Year    Mail    Early    Total
==============================
2010  40,553  181,084  221,637
2014  57,546  137,137  194,683
2018  77,347  429,009  506,356

2008  45,361  314,252  359,613
2012  53,131  362,827  415,958
2016  80,681  486,060  566,741

We are now well past the cumulative EV total for 2010. I expect we’ll exceed the 2008 and 2012 totals by the end of the week; if past patterns hold and the final day or two of early voting have the highest individual day totals, we could exceed 2012 by a lot, and maybe approach 2016. Historic patterns have held for the first week, so I’d say the odds are they’ll hold for the second week. We’ll know soon enough.

Will teachers turn out for Mike Collier?

He sure hopes so.

Mike Collier

On his long-shot campaign to unseat incumbent Lt. Gov. Dan Patrick, Collier is hoping he’s popular in a lot of rooms that look like this one — where after hearing from him, education-focused voters in a reliably red county said in interviews that they planned to vote for Republican Gov. Greg Abbott, then cross over to back Collier.

Collier, a Houston accountant and a failed 2014 candidate for Texas comptroller, is at a deep, perhaps insurmountable disadvantage in deep-red Texas, where Patrick has served in state government for more than a decade and accumulated about 35 times as much cash on hand.

Still, Collier says he can see a path to victory — and it starts here, in a crowd of retired teachers, scribbling on the bingo card-like sheets they’ve prepared for the occasion, sipping coffee out of teeny foam cups, some nodding along and a few nodding off.

But are there enough rooms like this to carry him to victory?

[…]

If Collier is positioning himself to draw center-right Republicans back over the line, public education may be his best issue. Patrick is not an uncontroversial figure among teachers, retired teachers and public school parents.

As a former chair of the Texas Senate’s public education committee and as the leader of the upper chamber, Patrick has championed what he calls “school choice” and critics, many of them public school educators, call “vouchers” — programs that would give Texas families subsidies to fund private school tuition for their kids. During last summer’s special session, as the Legislature debated an influx of cash for public schools, the Texas House offered up $1.8 billion — $1.5 billion more than Patrick’s Texas Senate proposed.

“When you have 700,000 school employees, they’re not all going to be on the same page. That said, I do feel like if there’s any one person out there that they’re most unified about it’s probably the lieutenant governor,” said Monty Exter, a lobbyist at the Association of Texas Professional Educators.

As a senator, Exter said, Patrick “was pushing reforms that lots of educators are not necessarily in favor of. He doesn’t seem to favor class-size restrictions and they really, really do. He really does favor vouchers and they really, really don’t. And the funding issues have died in his hands or at his hands.”

If public education is your issue, then I don’t know how you can even think of voting for Dan Patrick. It’s just that generally speaking, public education hasn’t been a big motivating issue for a lot of people, even those who have a direct stake in it. Maybe this is the year, I don’t know. The story talks about how pro-education candidates lost in this year’s Republican primaries, but that misses the point. Collier doesn’t need a majority of Republican voters to defect for him to win. If base Democratic turnout is sufficiently high – still a big if, even with the encouraging early voting numbers so far – he probably needs between ten and twenty percent of them. That’s doable, and it’s within the range of past performances. That’s an if on top of an if, but at least it’s a chance. If the teachers want to send a message, it’s in their capacity to do so.

We have an Ike Dike plan

Now we need a plan to pay for it.

A decade after Hurricane Ike devastated the Texas Gulf Coast, the U.S. Army Corps of Engineers announced Friday that a more ambitious version of the proposed “Ike Dike” — a 70-mile-long coastal barrier that could cost as much as $31 billion — is the preferred choice for protecting the state’s coastline from future storm surges.

The decision moves the project closer to ultimately being built, but leaves unanswered how to pay for it, especially with the estimated cost skyrocketing to between $23 billion and $31 billion — two to three times above original estimates.

The option backed by the Army Corps and the Texas General Land Office is similar to the original “Ike Dike” proposal developed by researchers at Texas A&M University in Galveston after Ike hammered southeast Texas in 2008, with some subtle differences.

“This study actually incorporates both coastal storm risk management features and ecosystem restoration features up and down the coast and some coastal storm risk management down on South Padre (Island),” said Kelly Burks-Copes, the project manager for the Army Corps’ study. “It’s a comprehensive study so it’s looking at the entire coast of Texas, much bigger than the Ike Dike per se.”

[…]

The coastal barrier would be a system of levees and sea gates beginning on high ground north of High Island and running the length of the Bolivar Peninsula. It would then cross the entrance of Galveston Bay and extend the length of Galveston Island, incorporating the existing seawall. It would end at San Luis Pass.

At the entrance to Galveston Bay, a system of storm surge gates would be constructed to protect the coastline during storm events but otherwise allow for navigation to the ports of Galveston, Texas City and Houston. A large navigation gate would also be placed along the ship channel. These gates are modeled after similar structures in London on the River Thames and on the coast of the Netherlands.

A “ring levee” would also be placed around Galveston to protect the bayside of the island, a densely populated area, from surge and flood waters. Gates and other barriers would be built near Clear Creek as well as Dickinson, Offatts and Highland bayous.

The plan also includes beach and dune restoration along the lower Texas coast, and nine ecosystem restoration projects to increase resilience.

Bill Merrell, a Texas A&M University Galveston professor who proposed the Ike Dike concept more than nine years ago, noted some minor differences between his original plan and the one backed by the two agencies.

Merrell’s plan included a gate at San Luis Pass, which is south of Galveston, and a mix of gray and green infrastructure along the coast, most notably a series of 17-foot high dunes on Bolivar Peninsula and Galveston in lieu of a seawall. Built after the catastrophic 1900 Galveston hurricane, the 17-foot-high seawall spared the island from many storms but was overtopped by Ike’s storm surge and waves.

He also did not include any protection for High Island, nor a ring levee around Galveston, which he called an “extreme” measure that would require a sophisticated pumping system in the event of heavy rains.

“It’s a fishbowl effect. You have to pump it, and if your pumps work, you’re happy, and if your pumps don’t work, you drown,” Merrell said. “You’d have to pour a lot of maintenance money into it.”

Burks-Copes said that dunes and beach nourishment are “still in play” as options for Galveston and Bolivar Peninsula as opposed to a more hardened barrier.

See here for the background, here for the four alternatives that were under consideration, here for the plan that was chosen, and here for the related documents for public review. I just want to stress that the federal government absolutely, 100%, no questions asked can afford this. We may need to chisel back a tiny portion of the massive giveaway to the rich known as the Trump tax cuts to make us feel like we can afford it, but we can afford it. What we can’t afford is to do nothing.

Weekend link dump for October 28

“One of the central contradictions of capitalism is that what makes it work — competition — is also what capitalists want to get rid of the most.”

“Thing is, Trump may indeed be nuts; but his constant lying is perhaps the least nutty thing about him. His relentless dishonesty works.”

“All of which is to say that Scott Warren has a far stronger claim as to the sincerity of his religious beliefs than Hobby Lobby did.”

“Was Gary Hart Set Up?” Maybe. Read and see what you think.

One Hundred Websites that Shaped The Internet As We Know It.

RIP, Joachim Ronneberg, Norwegian resistance fighter who sabotaged Nazi Germany’s nuclear weapons ambitions during World War Two.

Hey, remember when Donald Trump claimed to be a champion of LGBT rights?

So many things to investigate, so much need to take the House majority back to do them.

“Why is a congressman from Iowa weighing in on local politics in another country? Because there’s an outright white nationalist running for mayor in Toronto, and wherever an explicit white nationalist is running for office — in the U.S., in Canada, in Austria or France — Steve King feels compelled to lend his support.”

“I will build the best sandcastle in the galaxy!”

“As usual, the correct response to all this is ‘poor Blake Bortles.'”

“Mr. Trump’s aides have repeatedly warned him that his cellphone calls are not secure, and they have told him that Russian spies are routinely eavesdropping on the calls, as well. But aides say the voluble president, who has been pressured into using his secure White House landline more often these days, has still refused to give up his iPhones. White House officials say they can only hope he refrains from discussing classified information when he is on them.” What could possibly go wrong?

“Firstly, to Ernest Lawrence Thayer, a man whom I have never met but is apparently obsessed with me: Thank you so much for taking the ONE TIME I messed up at baseball and turning it into an incredibly long poem. What a wonderful use of your creative faculties. You seem like a very chill person.”

“An image on the explosive device sent to former CIA Director John Brennan on Tuesday appears to be a parody of an ISIS flag taken from a meme that has been circulating on right-wing corners of the internet since 2014.”

Please don’t bring Grandma’s cremated ashes into Disney World.

A look at the last time the Red Sox and the team now known as the Dodgers played in the World Series.

RIP, Ovide Duncantell, founder of Houston’s Black Heritage Society and the nation’s first parade to honor Martin Luther King Jr.

Day 6 early voting: A very early stab at projecting turnout

This is the point in the early voting process where early voting hours expand, and as a result daily EV reports come in later. That may affect my ability to present the latest data each day, so I’m going to break the pattern today and engage in one of my favorite exercise, which is to use the data we have so far and make some wild guesses about where we may end up. Let’s take a look back at the first five days of early voting from the past elections we’ve been tracking, and see what fraction of the final EV total they were, and then how much of the complete vote was cast during the EV period. We begin with a table:


Year  5 Day EV  Final EV  5 Day%
================================
2010   164,190   447,701  36.67%
2014   158,399   379,282  41.76%

2008   260,105   746,061  34.86%
2012   313,405   777,067  40.33%
2016   452,124   985,571  45.87%

I’ve separated the Presidential years from the non-Presidential years because we generally have very different electorates in each, and as such the behavior of one crowd may not be that predictive of the other. This year sure seems more like a Presidential year, so we’ll take all the numbers into account. The other factor, as you can see above, is that there has been a steady shift towards more and earlier early voting. Week 2 of early voting is always busier than Week 1, though that is becoming less the case. My guess is that we’ll see a pattern more like 2014 or 2016, but we can take a broader range of possibility into account:

380,266 at 35% = 1,086,474
380,266 at 40% = 950,665
380,266 at 45% = 845,035
380,266 at 50% = 760,532

I have a hard time believing we’ve already seen half of the early votes, but it’s possible. I think the third possibility, which would be approximately what we saw in 2016, is the most likely, though as with all things this year I hesitate to be too definitive. Note that outside of the last scenario, the early voting total will surpass the entire turnout for any off year in Harris County. The question here is not whether we’ll break records, it’s by how much.

The other side of this equation is projecting final turnout from EV turnout. We go once again to the historic data:

2016 = 73.61% early
2014 = 55.13% early
2012 = 64.53% early
2010 = 56.03% early
2008 = 62.76% early

Again we see a distinction between the Presidential and non-Presidential years, and again we see a trend towards more of the vote being cast early, 2014 notwithstanding. So again, we consider a range of possibilties:

760,532 at 75% = 1,014,082
845,035 at 75% = 1,126,713
950,665 at 75% = 1,267,553
1,086,474 at 75% = 1,448,632

760,532 at 65% = 1,170,049
845,035 at 65% = 1,300,053
950,665 at 65% = 1,462,561
1,086,474 at 65% = 1,671,498

I’m basically assuming this will be more like a Presidential year in terms of when people vote. It makes no sense to me that we’ll have nearly half the vote cast on November 6, so I’m not going to calculate a 55% scenario. Even with the most conservative projections, we’re on pace to top one million, and beating past Presidential years is within range. Final turnout in 2008 was 1,188,731, and it is certainly possible we could top that. I have a hard time wrapping my mind around the idea that 2016’s mark of 1,338,898 could be exceeded, but I can’t rule it out. Ask me again after early voting is done. Like I said, it’s not a question of whether we’ll break records, but by how much.

UPDATE: The Saturday EV totals came in a bit before 9. Google Drive is being unresponsive so I can’t give you a link, but I can tell you there were 8,646 mail ballots received, 79,641 in person votes cast, and the overall total is up to 468,549, which is more than the entire EV turnout of 2010. As the man once said, hold onto your butts.

The eSlate issue

Everyone please take a deep breath.

Some straight-ticket voters have reported that voting machines recorded them selecting the candidate of another party for U.S. Senate, exposing a potential problem with the integrity of the state’s high-profile contest between U.S. Sen. Ted Cruz and Congressman Beto O’Rourke and leading good government groups to sound the alarm.

Several Democratic voters, for example, have complained the voting system indicated they were about to cast a vote for Cruz, a Republican, instead of Democrat O’Rourke as they prepared to send it. Some said they were able to get help from staff at the polling place and change their votes back to what they intended before finalizing their ballots.

Most of the 15 to 20 people who have complained to the state so far said that their straight-ticket ballot left their vote for U.S. Senate blank, according to Sam Taylor, communications director for the Secretary of State. A spokesman for the Texas Civil Rights Project said the group has received about a half dozen complaints, mostly of Democratic straight ticket voters whose ballots erroneously included a vote for Cruz, and one Republican straight ticket voter whose ballot tabulated a vote for O’Rourke.

The problem occurs on the Hart eSlate voting machine when voters turn a selection dial and hit the “enter” button simultaneously, according to the state. Eighty-two of the 254 counties in Texas have these machines, although complaints have only come from Fort Bend, Harris, McLennan, Montgomery, Tarrant and Travis counties, according to Taylor.

The issue with the eSlate machine first surfaced in the 2016 presidential election. The Secretary of State’s office described it as user error at that time, and said the same of this year’s problems in an advisory sent to election workers issued this week.

“It does pop up from time to time,” said Taylor. Voters should “double and triple check and slow down” before casting their ballots, he said.

Although the state sent the advisory, the Civil Rights Project contends that more should be done to ensure voters understand the potential for wrongly recorded votes.

The group is pushing the state to post advisories to inform voters at the polls about the problem, and how to detect it.

“This is not an isolated issue but a symptom of a wider breakdown in Texas’s election systems,” said Beth Stevens, the organization’s voting rights director. “Texas voters should have full confidence that when they use a voting machine they are indeed casting their ballot of choice.”

I would dispute that this problem first surfaced in the 2016 election. We’ve heard a variation of problems like this going back to at least 2008. Here’s a post I wrote back then, in which there was confusion – some of which was being spread intentionally – about voting straight ticket and then clicking again on Obama/Biden, which of course would have the effect of canceling the vote in that race. This particular complaint may be relatively new, but reports of the voting machines not doing what the voters thought they were going to do have literally always been with us. It’s one part bad interface design, and one part user error.

The solution – for now – really is to review your ballot before you press the “cast vote” button. I do that in every election, because it’s always possible to not click what you thought you’d clicked, just like it’s possible to do that on your computer or tablet or cellphone. Election officials can and should do a more thorough job of educating voters about the voting machines – there are always new voters, and there are always voters who are not confident with electronic gadgets, and these people have as much right to vote the way they want to vote as anyone else – but the bottom line remains the same. Review your ballot before you commit to it, just like you review other transactions.

Here’s that advisory from the Secretary of State, and here’s the press release and letter to the SOS from the Texas Civil Rights Project. The TCRP is 100% correct that Texas needs to upgrade its voting machines, both to improve the interface and also to bolster security. As someone who works in cybersecurity, it’s unthinkable that we have voting systems that provide neither redundancy nor an audit trail. We know what a better system looks like, we just need a government that is willing to invest in it. We just need to vote in sufficient numbers to make that happen. The Trib has more.

Harris County makes its robot brothel ban official

We can all sleep more soundly now.

Harris County Commissioners Court on Tuesday unanimously adopted new rules to prevent so-called “robot brothels” from opening and more strictly regulate sexually oriented businesses in unincorporated areas.

The county already had been revising its sexually oriented business rules, first adopted in 1996, but decided to specifically address lifelike sex dolls for rent after Toronto-based company KinkySdollsS considered opening a Houston branch where patrons could try out human-like “adult love dolls” in private rooms at the shop.

[…]

Assistant County Attorney Celena Vinson said the county largely adopted language Houston’s legal department had written.

“We wanted to address the sex robot shop that was allegedly going to open in the city, and wanted to ensure our regulations were consistent with what the city of Houston was doing,” Vinson said.

The changes now clearly define sex dolls like the ones advertised by the Toronto firm as “anthropomorphic devices” and prohibit companies from renting them out to customers. Residents of the city and county remain free to purchase such devices for use in their own homes.

See here, here, and here for the background. Despite my best efforts, I still don’t have anything useful to say about this. I just can’t resist blogging about it, and Lord knows we can use the occasional respite from the real news. You’re welcome.

Endorsement watch: Fort Bend DA

One last recommendation.

Brian Middleton

The race for Fort Bend District Attorney presents voters with a choice that’s starting to feel familiar in Texas politics: An experienced Republican who represents the past and an upstart Democrat who wants to welcome the future.

In this race voters should go with the Democrat, Brian M. Middleton, because of his openness to new ideas in the realm of criminal justice.

Republican Cliff Vacek has decades of experience as an attorney, including overseeing a large law firm and serving as a district judge for 10 years with concurrent civil and criminal jurisdiction. He is board certified in personal injury law and received his law degree from the University of Houston Law Center. No doubt he has the resume to serve, but Vacek is skeptical of changes happening in our criminal courthouses. Practices that are routine in Harris County, under both Republicans and Democrats, are uncommon in Fort Bend and he likes it that way. For example, he told us that pretrial diversion — which helps people avoid convictions — should rarely be used.

For Vacek, the biggest problem in the Fort Bend courts are that it takes too long to get cases to trial.

[…]

What really convinced us was watching the two candidates sit side-by-side during the candidate screening and discuss drug policy.

Middleton said he though that low-level possession of marijuana should result in an automatic personal recognisance bond, an in-court assessment and, if appropriate, pre-trial diversion.

Vacek, on the other hand, spoke like a drug warrior and referred to marijuana as “a gateway drug.”

Times are changing, Fort Bend is changing, and the District Attorney’s Office needs a leader who is willing to change, too.

See here for some background. As we know, there have been a lot of reform-minded DAs getting elected around the country in the last couple of years, including here is Harris County. Most of them have been in heavily Democratic counties, with the wins coming in primaries. Winning in Fort Bend would be a new frontier for the criminal justice reform movement.

Early voting Day 5: It’s been a long week (in a good way)

Did I mention it’s been busy?

Voters across the state have come out in massive numbers during the first five days of early voting, and soon, more Texans will have voted early in 2018 than in all of 2014’s early voting period, according to data from the secretary of state’s office.

The state’s five largest counties have all nearly doubled the turnout compared to the same point in 2014. By the time the polls closed Thursday, 13.2 percent of registered voters in Harris County, the state’s largest county, had voted, compared to 6.4 percent at the same time in 2014. That number comes close to the 16.4 percent voter turnout seen at the end of the fourth day of early voting in 2016, a presidential year.

The story is similar in Dallas County, which recorded a voter turnout of 16.9 percent at the end of Thursday, compared to 5.9 percent at the same point in 2014, and in Tarrant County, which recorded a voter turnout of 16 percent at the end of Thursday, compared to 7.3 percent at the same point in 2014.

In Travis County, where the Austin Fiesta Mart polling location is, Tax Assessor-Collector and Voter Registrar Bruce Elfant reported on Facebook that as of 4 p.m. Friday, 22 percent of registered voters had cast their vote. The number hovered around 7 percent at the same point back in 2014.

“After just five days of early voting, the 2018 voter turnout will likely have passed the entire Early Vote turnout for the 2010 and 2014 elections,” Elfant wrote.

Some counties — like El Paso, Williamson and Cameron — have already surpassed the overall voter turnout during the entire two-week early voting period in 2014. Overall, by the time the polls closed on Thursday, 16.3 percent of the 12.3 million registered voters in the 30 counties with the most registered voters had cast ballots.

“It’s pretty remarkable to double or triple voter turnout,” said Renée Cross, the associate director of the Hobby Center for Public Policy at the University of Houston.

[…]

Mark Jones, a fellow in political science at Rice University’s Baker Institute for Public Policy, said the long lines at polling places are “notable,” but he said that “almost any voter turnout should be above 2014.”

Jones also said it is too early to draw conclusions about whether strong early voting turnout will mean strong overall turnout. Early voting could be “cannibalizing Election Day turnout, ” he said.

“More and more people are voting early,” said Jones, who estimates that between 60 and 75 percent of registered voters will cast their vote before Election Day. “People have gotten used to it, and campaigns have been encouraging it.”

He noted that a greater proportion of voters this year will be under the age of 35.

“Beto O’Rourke has spent quite a bit of money and time targeting millennials and post-millennials with the correct belief that they support him more than any other age group,” Jones said.

I agree that some of the frenzied activity is people shifting behavior, but it’s quite a bit more than that. We’re on pace in Harris County to blow past not just the early voting totals from past years, but the final totals as well. Close to one million just in early voting remains on the table. Say it with me now: We’ve never seen anything like this before.

Here are the totals for Friday, and here are the daily totals from 2010, from 2014, and from 2016, as well as a spreadsheet with totals from 2004, 2008, 2012, and 2016. The running tallies:


Year    Mail    Early    Total
==============================
2010  29,702  134,488  164,190
2014  54,300  104,099  158,399
2018  65,232  315,034  380,266

2008  40,059  220,046  260,105
2012  53,131  260,274  313,405
2016  77,445  374,679  452,124

As I expected, after the slight dip on Thursday, in person voting ticked up and was, by about 900 votes, the busiest in person day so far. We have now officially exceeded the entire final early vote total from 2014, and we have seven days of early voting to go. We haven’t even gotten to the really heavy days yet.

Omnibus polling update

One last Trib poll:

Rep. Beto O’Rourke

Republican Ted Cruz leads Democrat Beto O’Rourke 51 percent to 45 percent in the Texas race for the U.S. Senate, according to the latest University of Texas/Texas Tribune Poll. Libertarian Neal Dikeman was the choice of 2 percent of likely voters and another 2 percent said they would vote for someone else.

Democratic and Republican voters, as might be expected, lined up strongly behind their respective party’s candidates. But independent voters, a group that often leans to the Republicans in statewide elections, broke for O’Rourke, 51 percent to Cruz’s 39 percent.

“The major Senate candidates were trying to mobilize their partisans, without a lot of attempt to get voters to cross over. And it looks like they’ve done that,” said Jim Henson, co-director of the poll and head of the Texas Politics Project at the University of Texas at Austin. “If you look for Republican defections to Beto O’Rourke, they’re not there. But the independents break to the Democrat instead of the Republican in that race.”

The poll of likely Texas voters was conducted before early voting in the general election began this week.

In several other races for statewide office, Republicans hold double-digit leads over their Democratic opponents.

They have Abbott up 56-37, Patrik up 53-35, and Paxton up 48-36. In these races, the Dems don’t get the independent vote like O’Rourke did, and their level of support among Dems is lower, which I will attribute to the usual cause of lower name recognition. As pollster Joshua Blank says later in the piece, the Dems voting for O’Rourke are very likely also going to vote for Lupe Valdez, Mike Collier, and Justin Nelson. A companion piece is about who is saying they will vote this year.

This post was begun before that poll was published, with the intent of capturing the other Senate race results that we’ve had in the past two to three weeks. Here they all are, from FiveThirtyEight, many of which have not been in the news.

Oct 21 – End Citizens United – Cruz 50, O’Rourke 46

Oct 18 – Ipsos – Cruz 49, O’Rourke 44

Oct 14 – Tulchin – Cruz 49, O’Rourke 45

Oct 13 – CNN/SSRS – Cruz 52, O’Rourke 45

Oct 13 – WPA – Cruz 52, O’Rourke 43

Oct 11 – Siena/NYT – Cruz 51, O’Rourke 43

Oct 5 – Emerson College – Cruz 47, O’Rourke 42

There are also the Quinnipiac poll that had Cruz up 54-45, and the CBS/YouGov poll that had Cruz up 50-44. All of these are Likely Voter polls. FiveThirtyEight ran everything through their algorithms and came up with an aggregate 5.8 point lead for Cruz, though their forecast for the actual vote share is 51.8 to 46.6, or a 5.2 point margin. They project turnout of just under 7 million, which needless to say would shatter records for a midterm election in Texas and which our first week of early voting turnout suggests is very much in play. They give O’Rourke a 21% chance of winning. We’ll see if any of that changes as the actual voting continues.

When Ken Paxton attacks

He’s gotta be a little scared.

Best mugshot ever

Texas Attorney General Ken Paxton has started airing a statewide TV ad against his Democratic challenger, Justin Nelson, as Nelson presses to close the race with an emphasis on the indictment that has dogged the Republican incumbent for most of his first term.

Since last week, Nelson, an Austin lawyer, has been airing a TV commercial highlighting Paxton’s 2015 indictment on securities fraud charges, asking, “If Ken Paxton can’t follow the law, how can he enforce it?” Nelson has also put up billboards across the state plastered with Paxton’s mugshot.

In the new spot from Paxton, a narrator asserts Nelson is “running a negative campaign to hide his extreme liberal agenda,” portraying the Democrat as soft on illegal immigration. The half-minute commercial then contrasts Nelson with Paxton, who the narrator says “shut down the world’s largest human trafficking marketplace” — a reference to the attorney general’s role in shuttering the Dallas-based sex ads website Backpage.com.

The ad was seen airing this morning in major markets throughout the state, including Austin, Dallas, Houston and San Antonio.

The anti-Nelson ad is notable for a number of reasons. Beyond U.S. Sen. Ted Cruz in his blockbuster battle with Democrat Beto O’Rourke, most of Texas’ statewide officials have hardly acknowledged their Democratic opponents, let alone run TV ads against them. And Paxton has until now appeared to have kept his TV advertising positive, airing a spot touting his role in the Backpage.com investigation.

It could be an abundance of caution. Paxton believes he’s ahead, but not insurmountably so, and there’s no reason to take chances. It could be a belief that attacks must be answered, lest one look weak or lose initiative. And it could be that he’s genuinely worried. Paxton has refused to engage in any kind of political activity that isn’t all about himself or comfortably in the embrace of the Fox News wingnut universe. If he changes his tactics now, at this late date, there’s a reason for it.

Endorsement watch: City propositions

The Chron says Yes on Prop A:

Here’s the blunt truth: Voting “against” on Proposition A won’t cut your taxes. It will, however, open the door to more municipal debt.

That is why Houstonians should vote “for” Proposition A, which will reaffirm the decision they correctly made eight years ago to fund needed drainage and street improvement projects in the city by a pay-as-you-go system.

A second vote is being taken to fund the Rebuild Houston program because the Texas Supreme Court ruled a similar ballot question in 2010 was incorrectly worded. The earlier proposition asked, “Shall the City Charter of the City of Houston be amended to provide for the enhancement, improvement and ongoing renewal of Houston’s drainage and streets by creating a Dedicated Pay-As-You-Go Fund for Drainage and Streets?”

A subsequent class-action lawsuit said the ballot question should have specifically explained that city residents would be asked to pay a drainage fee through their water bills to fund those infrastructure improvements.

And No on Prop B:

If Proposition B were a referendum on our love and affection for Houston firefighters, as their union president claims, the choice would be easy. We’d back it. And so would Mayor Sylvester Turner, who was endorsed by firefighters in his mayoral campaign after decades of advocating for them. Instead, the mayor is dipping into his personal campaign funds to fight the measure on which too many influential Houstonians have remained mum.

Voters, don’t let the smoke get in your eyes.

In Prop. B, firefighters are asking for more than just appreciation. They’re asking for pay parity with police of comparable rank and seniority. They’re asking for what the mayor says amounts to a 25 percent raise that could cost the city an estimated $100 million the first year, forcing deep cuts to services and nearly 1,000 layoffs of firefighters and police.

Yes, we value firefighters. We value our kids, too. But most of us can’t go out and buy Junior a Lamborghini just because he asks for it.

And we can’t ignore that firefighters’ jobs are different from those of police. Both entail a great deal of risk, but firefighters have long been able to tailor their schedules to accommodate second jobs and businesses. Several Houston firefighters live out of state. And yes, as police point out, firefighters are allotted sleep time during their longer, 24-hour shifts.

Firefighters are asking voters for something police earned through years of hard-fought negotiations that required give and take from both sides.

I still think the ruling against the Renew Houston referendum was a screw job by the Supreme Court, but here we are. You can listen to my interview with Marty Lancton and my interview with Mayor Turner if you want to hear more about Prop B, and in the case of the Mayor, more about Prop A as well.

Day 4 early voting: A brief look around the state

The Trib has it all organized for you.

As of day three of early voting, 1,344,741 Texans have cast in-person ballots and 240,601 cast mail-in ballots in the 30 counties where most registered voters in the state — 78 percent — live. That preliminary turnout equals 79 percent of the total votes cast in those counties during the entire two-week early voting period in the last midterm election in 2014. So far this year, 12.9 percent of the 12.3 million registered voters in those 30 counties have voted.

Each day, as more data comes in, the graphs below will be updated to show cumulative in-person and mail-in ballot turnout in these counties. The data is preliminary. Texas is widely expected to surpass its 2014 voter turnout, and more than half of all those who do vote are expected to cast their ballots early. Some have speculated turnout this year could approach that of the past two presidential elections. Early voting for the 2018 midterms in Texas started Oct. 22 and runs through Nov. 2.

There’s graphs and charts to show you not just where we are now, but also where we were at the same time in 2016, 2014, and 2012. Suffice it to say we’re blowing 2014 out of the water – counties like Dallas, El Paso, and Travis are not just beyond their 2014 numbers, they’re up by two to three times as much as in 2014. That’s quite encouraging. Of course, turnout is up everywhere, including in heavily Republican counties. We’ll need to see some analysis of who has voted to start to make inferences. The person who has become the go-to for this sort of thing is Republican consultant Derek Ryan, who posts daily breakdowns on Twitter; I referred to his data a couple of times during the primary. You can see that (for example) more people with a Republican primary history have voted in Harris County so far than people with a Democratic primary history, but about a third of the electorate has no primary history, with a chunk of them having no previous voting history at all. Keep an eye on that as we go forward.

Anyway. Here are the totals for Thursday, and here are the daily totals from 2010, from 2014, and from 2016, as well as a spreadsheet with totals from 2004, 2008, 2012, and 2016. The running tallies:


Year    Mail    Early    Total
==============================
2010  28,932  104,420  133,352
2014  52,338   80,103  132,441
2018  59,732  249,383  309,115

2008  37,381  170,629  208,010
2012  50,790  201,962  252,752
2016  73,043  293,440  366,483

Thursday was down a bit for in person voting, though it was up for mail ballots; my guess is that the ones that were put in the mail on Monday arrived yesterday. For what it’s worth, Thursday was the weakest day for in person early voting in both 2010 and 2014, though that was not the case in the Presidential years. Don’t know what to make of that, but if that pattern persists we’ll see an uptick today. As I said yesterday, barring anything weird we will either pass or come very close to the final EV total from 2014 after today’s voting.

Eventually we’ll settle the debate about straight ticket voting and judicial races

But for now we have one last chance to provide a baseline for comparison.

As Harris County goes, so go its judicial races.

In three of the last five elections, a single party has swept every Harris judicial contest, with two going to Republicans and one to Democrats, according to Rice University political scientist Mark Jones’ analysis. In 2008, one of the two non-sweeps, Democrats won 85 percent of Harris County’s judicial contests.

During most wave years in Harris County, courthouse races go to the party whose candidate wins the top-of-the-ticket contest — the presidency or U.S. Senate — within the county.

The trend could end after 2018, the last year Texas will allow voters to cast their ballots for every candidate from one party by checking a single box. Lawmakers nixed straight-ticket voting through a bill signed last year by Gov. Greg Abbott.

The end of the straight-ticket option makes 2018 critical for judicial candidates, who, if they win, will have four or six years to raise money and gain name identification before facing re-election. By then, their fates will rest less on their party’s top-of-the-ticket performance and more on their own ability to draw support.

With some predicting a wave year for Democrats — or at least a favorable electoral environment — the party has a rare chance to avoid an electoral massacre during a midterm cycle.

“Democrats want to use this as an opportunity to pick up seats and build a bench,” said Brandon Rottinghaus, a University of Houston political scientist. “The opportunity here is massive.”

It is almost certainly the case that there will be fewer votes cast in judicial elections once the straight party ticket option is eliminated. How much it is reduced, and whether the reduction is uniform or if it varies by ballot type (absentee versus in person), early versus election day, geography, race, ethnicity, age, party, etc etc etc, are all questions we will get to explore in the coming years. I will say that some judicial candidates now are much more active and visible than others, but it’s far from clear to me that there’s any connection between an individual judicial candidate’s level of campaign activity and performance at the polls. From my very anecdotal perspective, I don’t see such a connection, but I make no claim to validity for that observation. I do hope someone more qualified than I will take a stab at quantifying that and other questions in 2020 and beyond.

A step forward in Waller County

Some progress.

Two days after students at Prairie View A&M University sued Waller County over allegations that the county is suppressing the voting rights of black residents, the rural county said it is expanding early voting opportunities for students at the historically black university.

The county will now open a Sunday polling place at Prairie View City Hall and expand voting hours at the university’s campus center on Monday through Wednesday of next week to 7 a.m. to 7 p.m., instead of the original 8 a.m. to 5 p.m., according to the NAACP. Students can continue to early vote at the Waller County Community Center in Prairie View on Thursday and Friday of next week.

According to Waller County’s website, there is still no location on campus or in the city of Prairie View available to the students during the first week of early voting, which is what originally prompted five students to sue the county, accusing it of violating the federal Voting Rights Act and U.S. Constitution by denying them “an equal opportunity to vote” compared to the county’s non-black voters.

[…]

In a statement released Thursday, the NAACP Legal Defense and Educational Fund called the expanded early voting plan “an improvement over the original plan, but still not equal to what other Waller County residents were offered.”

See here for the background. This is better than it was before, and that’s always something. But seriously, why is this so hard? Why isn’t Prairie View being treated like other voting locations? There’s no acceptable answer to that question.

UPDATE: State Sen. Borris Miles is not impressed with the latest announcement.

The Fort Bend DA race

There’s been a lot of focus on how Harris County will vote this year after Hillary Clinton’s wide margin of victory in 2016 – I’ve certainly contributed to that – but it’s important to remember that Clinton carried Fort Bend County as well, and there are some big elections happening there, too.

Brian Middleton

Cliff Vacek knows Fort Bend County like the back of his hand. The former state district judge, now 71, has lived his whole life in the fast-growing, diverse suburb southwest of Houston, where he’s also served as a teacher and had his own law practice.

“The criminal justice system ought to be fair,” said Vacek, a Republican. “I hope people feel like I do, that they want the prosecution to be swift, they want it to be vigorous, but they want it to be fair. That’s what I offer.”

Brian Middleton once worked as a prosecutor for longtime District Attorney John Healey, but the Houston native now wears many hats — running his own law firm in southwest Houston in addition to working as a municipal prosecutor for the cities of Meadows Place, Jersey Village and Wallis and as a judge for the city of Jacinto.

If elected, Middleton would become the first African-American district attorney for the county of more than 765,000 residents, which is 35 percent white, 21 percent black, 24 percent Hispanic, and 21 percent Asian and other.

“I think it would send a signal to the rest of the world that we in Fort Bend County have very strong values and value diversity,” said Middleton, 46, a Democrat. “People of color can succeed.”

Whoever wins, it will represent a major change in Fort Bend County, where Healey, a Republican, has presided over the district attorney’s office since 1992, the year Bill Clinton was elected president. The race is being closely watched as the county backed Hillary Clinton for president in 2016 but has continued to elect Republicans to top county offices.

Other key races include county judge, where Republican incumbent Robert Hebert is trying to stave off a challenge from Fort Bend ISD board member KP George. At the federal level, meanwhile, Democrat Sri Preston Kulkarni is trying to unseat U.S. Rep. Pete Olson, a Republican who has represented the 22nd Congressional District since 2009.

I think psychologically, the state GOP is prepared for the possibility that they’ll lose Harris County. They don’t want to, of course, and they’ll do what they can to win as many races as they can, but they saw the numbers, and not just the ones from 2016. Losing Fort Bend, even one countywide race, would be a much bigger blow. The Republican takeover of the state began in earnest in the suburbs, which grew rapidly in population and voting strength, and spread from there. Democrats have mostly taken over the big urban counties, but an incursion into this kind of turf is as whole ‘nother thing. It changes the narrative of where Republicans and Democrats are, if nothing else, and it would definitely be a major consideration in 2021 when maps need to be redrawn. I don’t know how Middleton or George are going to do – in some ways, winning these county offices is harder than winning legislative races – but they have the potential to really shake things up if they win. Keep an eye on this.

Day 3 early voting: In shorter hours

I’ve heard a few people complain about the shorter early voting hours in the first week.

For the first five days for early voting, Harris County’s 46 polling locations open at 8 a.m. and close at 4:30 p.m., the earliest time among the 15 Texas counties with the most registered voters.

Harris County Clerk Stan Stanart, as the county’s chief election official, sets the early voting schedule and number of locations with approval from Harris County Commissioners Court. The county has closed its early voting locations at 4:30 p.m. for years, well before Stanart’s tenure.

Nonetheless, some have worried the hours hinder the county’s ability to meet voter demand, and possibly discourages people from casting ballots.

Harris County’s polling schedule coincides with the regular business hours of Stanart’s office, which Stanart said was standard procedure. He said he would need to receive a waiver from the Texas secretary of state to extend the hours further, because the state Election Code says early voting “shall be conducted” during the hours in which the clerk’s “main business office is regularly open for business.”

However, Sam Taylor, a spokesman for the secretary of state’s office, said those hours represent only a minimum requirement. Three Texas-based attorneys with expertise in elections also said they were unaware of a waiver requirement.

“I’ve never heard of a waiver,” said Buck Wood, an Austin-based election-law attorney. “I’ve never had anybody complain to me about it, and I’ve been doing this for almost 50 years.”

The section Stanart referenced applies only to counties in which the county clerk acts as the “early voting clerk.” In some cases, that duty falls to an appointed elections administrator, who follows a different set of guidelines for setting early voting hours.

Several other large Texas counties, including Travis, assign election duties to the county clerk and had early voting hours that extend beyond the clerk’s regular business hours, with some going from 7 a.m. to 7 p.m.

For his part, Stanart said he would have kept polls open later — like he did in 2016 — had he known turnout would reach such high levels. Midterm elections typically yield much lower turnout than those held in presidential years; the last time more than half of registered voters cast a ballot in a Texas midterm election was 1994.

“Nobody out there was ever predicting that we’d have this big” turnout, Stanart said.

Well, Stanart himself suggested we could get up to a million votes this year. To be fair, he meant overall, but at the pace we’re going now we could get there just by the end of the EV period. I voted yesterday during lunchtime, and it took me about fifteen minutes to get to the front of the line. So yeah, we’re still busy.Here are the totals for Wednesday, and here are the daily totals from 2010, from 2014, and from 2016, as well as a spreadsheet with totals from 2004, 2008, 2012, and 2016. The running tallies:


Year    Mail    Early    Total
==============================
2010  28,104   79,678  107,782
2014  46,293   61,100  107,393
2018  55,506  190,445  245,951

2008  34,527  126,394  160,921
2012  47,265  150,722  197,987
2016  70,023  217,111  277,134

Breaking news: In person voting was down yesterday! From sixty-four thousand to sixty-two thousand, so, you know. I’m guessing the rain may have held a few people back. At this point, we’re two-thirds of the way to matching the entire early vote total from 2014, and at the rate we’re going we’ll at least get very close to that by the end of voting on Friday. Things are busy elsewhere in the state as well. Here are the totals through Day 2 in the big counties. El Paso has already exceeded its EV total from 2014. We’re well into uncharted territory. It’s just a matter of how much farther we go from here.

The Beto-Abbott voters

I have three things to say about this.

Rep. Beto O’Rourke

Barring divine intervention, Greg Abbott will handily beat Lupe Valdez — the only real question is by how much. The floor, if there is one, is Wendy Davis’ crushing loss to Greg Abbott by 20 percentage points in 2014. Abbott has the money, the power of incumbency, the “R” behind his name and more cash than an offshore account in the Cayman Islands. At the one and only gubernatorial debate, Abbott barely even acknowledged Valdez’s presence onstage, instead reciting anodyne talking points while making minor news about an extremely modest marijuana measure.

To her credit, Valdez has done more than a lot of bigger-name Democrats who have been “up and coming” for so long they’ve worn out the phrase: She is running. But even an extraordinary Democratic candidate running a flawless campaign would face difficult odds against Abbott, whose lackluster governing style doesn’t seem to bother the Republican electorate. That, I think it’s fair to say, does not describe Valdez or her campaign.

Interestingly, there is an unusually energetic Democratic candidate running a well-above-average statewide campaign this cycle — Beto O’Rourke affords us a rare opportunity to see just how much of a difference all that makes. Polls consistently show Abbott leading Valdez by 10 to 20 percentage points, while Ted Cruz appears to have a much narrower single digit lead over O’Rourke. That’s a remarkably steep drop-off. Are there really that many voters who will vote for Beto O’Rourke and Greg Abbott? I want to meet these strange folks! In any case, the Abbott/Valdez and Cruz/O’Rourke results will be meaningful, but imperfect, data points to gauge the “Beto effect.”

1. You know, just in 2016 Hillary Clinton got about 300,000 votes that otherwise went to Republicans. And in 2010, Bill White got even more than that. So maybe the Beto-Abbott voter this year looks like the Bill White-David Dewhurst voter from 2010, or the Hillary Clinton-pick a Republican judge voter from 2016. It’s not that mysterious, y’all.

2. No question, Beto polls better than Valdez – the difference was generally small early on but is more pronounced now – and I certainly don’t question the notion that he will draw more votes, possibly a lot more votes, than she will. That said, it’s not ridiculous to me that part of the difference in the polls comes from Beto’s name recognition being higher than Lupe Valdez’s. We’ve seen it before, when pollsters go past the top race or two and ask about races like Lite Guv and Attorney General and what have you, the (usually unknown) Democratic candidate hovers a good ten points or more below their final level of support. It may be that one reason why Beto and Valdez were closer in their levels of support early on because he wasn’t that much better known than she was at that time. My best guess is that Valdez will draw roughly the Democratic base level of support, whatever that happens to be. Maybe a bit less if Abbott draws some crossovers, maybe a bit more if she overperforms among Latinos. In the end, I think the difference in vote total between Beto and Valdez will come primarily from Beto’s ability to get crossovers, and not because people who otherwise voted Democratic did not support Valdez.

3. Of greater interest to me is whether the Rs who push the button for Beto will also consider doing so for at least one other Democrat. Mike Collier and Miguel Suazo have both been endorsed by the primary opponents of the Republican incumbents they are challenging, the Texas Farm Bureau and other usual suspects are declining to endorse Sid Miller even if they’re not formally supporting Kim Olson, and we haven’t even mentioned Ken Paxton and Justin Nelson. Plus, not to put too fine a point on it, but those Congressional districts that have drawn so much interest because of their being carried by Hillary Clinton were ten-points-or-more Republican downballot. (CD07 and CD32 specifically, not CD23.) The game plan there and in other districts that the Dems hope to flip – not just Congressional districts, mind you – is based in part on persuading some of those not-Trump Republicans to come to the other side, at least in some specific races. The question is not “who are these Beto-Abbott voters”, but whether the ones who vote for Beto are the oddballs, or the ones who vote for Abbott.

Prairie View students sue over lack of on campus EV site

The fight continues.

Five students at Prairie View A&M University are suing Waller County, which is home to the historically black university, over allegations that the county is suppressing the voting rights of its black residents.

In a lawsuit filed Monday, the students accused the county of violating the federal Voting Rights Act and the U.S. Constitution by not providing any early voting location on campus or in the city of Prairie View during the first week of early voting. The suit says the county’s decision “imposes a substantial and unwarranted burden” on student voters and denies them “an equal opportunity to vote” compared to the county’s non-black voters.

“There is no legitimate, non-discriminatory reason for defendants to deny opportunities for early voting during the first week to plaintiffs and black voters in Prairie View on an equal basis with other non-black voters of the Waller County,” the lawsuit reads.

Alleging that the county was treating black voters as second-class citizens, the students — represented by the NAACP Legal Defense and Educational Fund — asked a federal judge to force the county to set up an early voting site on campus that offers weekend hours.

In the lawsuit, the students noted that the county failed to set up any polling locations on campus or in the city of Prairie View, which has a majority black population, during the first week of early voting. The plaintiffs noted that the county is planning to provide five days of early voting in Prairie View during the second week, but early voting during two of those days will be held at an off-campus location that is not easily accessible to students that lack transportation. Neither site would offer weekend hours.

Meanwhile, voters in the city of Waller — which has a majority white population and half of the eligible voting-age population of Prairie View — will have access to two early voting sites during the first week of early voting. Both of those sites will also be open on Saturday. A polling site will also be open in the city of Waller during the second week of early voting.

I mean, come on. You could at least have a location in the city, with the same hours as the other sites, for the duration. The inequality here is right out in the open. There’s no good reason not to do this, and no, cost is not a good reason in this case.

Texas blog roundup for the week of October 22

The Texas Progressive Alliance urges everyone to get out and vote as it brings you this week’s roundup.

(more…)

Endorsement watch: County time

The Chron circles back to the county races they didn’t get to the first time around, and for reasons I cannot fathom, they still love them some Orlando Sanchez.

Dylan Osborne

The race for Harris County treasurer always seems to raise the same core questions about the office, such as: What is a county treasurer? Why do we have a county treasurer? And, who is the county treasurer?

For the past 12 years, the answer to last question has been Orlando Sanchez. We believe voters should make it the answer for the next four years, too.

The county treasurer is largely a ministerial office responsible for overseeing the payment of all expenditures made by the county government. Basically, he runs the checkbook.

There isn’t too much excitement to the position, and habitually people will run for the office on the grounds that it should be eliminated and responsibilities moved elsewhere within county government. Neither candidate is calling for that in this cycle.

Sanchez, 61, is running on his record as a trustworthy steward of the office and touts his ongoing update of the internal financial system. He previously served on City Council, made a failed run for mayor and ended up here. He’s a licensed real estate agent and was born in Havana.

[…]

Challenger Dylan Osborne, who works for the city and has a master’s in public administration, told us he wants to bring a more active role to the treasurer’s office and get engaged with the public.

“I don’t think there’s 300 people who know this position,” he said during an editorial board meeting.

That’s probably true. We’re sure he’d do a fine job if elected.

The answer is always Orlando Sanchez. I got nothin’.

For the HCDE, the Chron endorsed Richard Cantu for Position 3 At Large, and Andrea Duhon in Position 4, Precinct 3. For Cantu:

Richard Cantu, 49, is running for an open, at-large seat on the board of the Harris County Department of Education. The candidate has gotten to know our city well as an executive at the city of Houston Parks and Recreation Department, Baker-Ripley and at the Mayor’s Citizens’ Assistance Office. As part of his various jobs, the native Houstonian formed partnerships with community groups as well as worked with youth.

In addition, he would bring an understanding of finance, budgeting and management to the board. In his current role, Cantu directs the day-to-day operation as deputy executive of one of the largest management districts in Harris County.

For Duhon:

Andrea Duhon is our choice for this position at the only county department of education remaining in our state. This department needs more scrutiny, and Duhon’s background in cash flow analysis is apropos.

Duhon, 33, spends her professional life helping small businesses and individuals structure their finances. In our screenings, the McNeese State University graduate showed an appreciation of the importance of the after-school and Head Start programs offered by the department while expressing an enthusiasm for ferreting out inefficiencies. The spouse to an active duty 1st class petty officer in the U.S. Navy believes that the schools operated by the department could use more oversight.

Dems have two of the seven spots on HCDE right now. The At Large position belongs to Diane Trautman, so the best position we can be in is to have three seats. The other two At Large spots are up in 2020, so the potential is there for gain.

Last but not least, the Chron endorsed Adrian Garcia over incumbent Commissioner Jack Morman in Precinct 2.

Adrian Garcia

Harris County is run by commissioners court, and no single member better reflects this dual nature of county government than Jack Morman. He’s media shy and stays out of the spotlight. Unlike other members of the court, Morman doesn’t seem to have a major personal project. He’s not building a greenbelt park system. He’s not calling for change in the criminal justice center. He hasn’t become a thought leader in resilience. He was first elected to this seat in 2010 after working as a civil attorney and since then Morman has held the seat quietly, effectively and scandal-free. He told us his big project involved better cooperation between the county and the local governments in this largely incorporated precinct.

We’re not convinced that’s enough.

County government can do more, and we believe that Adrian Garcia is the right man for the task.

The biggest difference between the candidates became clear during their joint meeting with the Houston Chronicle editorial board. Garcia presented what he saw as problems with Precinct 2, which largely covers east Harris County and a sliver of near Northside up to Beltway 8. He listed low health insurance coverage, poor educational attainment, dangerous pollution and a litany of other issues that needed addressing.

Morman, on the other hand, seemed to take offense at this description of the precinct and instead insisted it was a great place to live.

Just a reminder, Morman was this guy who came out of nowhere with a big boost from Steve Radack in the red wave year of 2010. He’s been more or less competent at the job, but no one should be surprised that he’s not exactly a visionary. As the endorsement suggests, I believe Garcia can and will get some stuff done.

My interview with Adrian Garcia is here, with Dylan Osborne is here, with Richard Cantu is here, and with Andrea Duhon is here. Danyahel Norris is also on the ballot for HCDE Position 6, Precinct 1, but he’s unopposed. My interview with him is here. The Chron also endorsed in Commissioners Court Precinct 4, going with incumbent Jack Cagle. Like Morman, Cagle has been a perfectly adequate Commissioner. He’s also got a long history with the anti-abortion industry, and as such I would never vote for him for anything. His opponent is Penny Shaw, and my interview with her is here.

Day 2 early voting: Reporting from elsewhere

It was busy everywhere.

Tens of thousands of Texas voters turned out across the state to cast their ballots on Monday, the first day of early voting for the 2018 midterm elections.

The state’s largest counties all saw much larger first-day turnout than they did in the previous midterm elections in 2014. Dallas County’s combined in person and mail-in votes topped out at 55,384 on Monday, almost 26,000 more than were cast in 2014, according to The Dallas Morning News.

In Bexar County, The San Antonio Express News reported that as of 4 p.m. Monday more than 24,000 people had voted in person, compared to 13,436 who voted in person first day in 2014.

Bruce Elfant, Travis County Tax Assessor-Collector and Voter Registrar, reported on Facebook Monday night in-person and mail-in votes for Travis County totaled 47,405, compared to 17,181 first-day in-person and mail-in votes in 2014.

Smaller counties also saw big turnout. Midland County Election Administrator Deborah Land said out of 84,945 registered voters in her county, 3,546 had voted by 4 p.m. Monday — compared to just 756 who voted the first day in 2014.

“We had a line at the elections office all day,” Land said. “Most of the time it was extending down the hallway.”

[…]

In El Paso County, O’Rourke’s home county, a record 17,131 voters turned out Monday as of 7 p.m., said Melissa Rosales, the county’s elections information and resource coordinator.

[…]

[Renée Cross, senior director for the Hobby School of Public Affairs at the University of Houston] said first-day early voting numbers could be indicative of the high number of voter registrations Democrats have garnered this election season in hopes of a “blue wave” giving them control of Congress. However, Cross said it is still be too early to tell what the outcome will be on Election Day.

“If you look at the increase in the number of voters, number of registrations … of those people the common sense tells you those new voters are going to be Democrats. If that’s the case, their overall numbers will increase substantially, but is it enough to overtake the Republican control?”

We should not draw conclusions from one day. But my observation yesterday was that Day One tends to set the tone for the week, and, well, no need to keep you in suspense. Here are the totals for Tuesday, and here are the daily totals from 2010, from 2014, and from 2016, as well as a spreadsheet with totals from 2004, 2008, 2012, and 2016. The running tallies:


Year    Mail    Early    Total
==============================
2010  25,725   53,496   79,221
2014  42,752   40,595   83,347
2018  53,947  127,969  181,916

2008  30,318   82,612  112,930
2012  44,093   98,671  142,764
2016  64,377  141,013  205,390

While the number of mail ballots returned dropped to a normal one-day number, the in person total was slightly higher on Tuesday than it was on Monday, which is to say basically what I suggested it would be, given past history. That could still drop, but as you can see right now we are not just turning out at a level far higher than past off years, we’re higher than two out of the last three Presidential years. At this pace, even if some two thirds to three quarters of the total vote is cast early, we’ll surpass a million voters in Harris County. If that happens, I’m thinking some pollsters may have to revisit their own turnout models.

City seeks more Harvey recovery funds

Good. Seek all you can.

The City of Houston is preparing to ask Congress for $2 billion more to help residents whose homes were damaged by Hurricane Harvey — a request likely to coincide with lawmakers’ consideration of aid to victims of hurricanes Florence and Michael, which devastated sections of North Carolina and Florida.

The city is basing its request on a new study that departs from the traditional method of calculating need. The difference boils down to who gets counted.

The U.S. Department of Housing and Urban Development looks at recipients of individual assistance from the Federal Emergency Management Agency to determine how much additional aid is needed. Houston’s study includes many more people affected by Harvey’s flooding, whether or not they applied for aid from FEMA.

“We’re chronically undercounting the most vulnerable populations,” said Tom McCasland, director of the Houston Housing and Community Development Department. “That’s why it’s important not to start with FEMA.”

[…]

Houston based its analysis on flood modeling that uses data points such as drone imagery of the storm and flooding. The city’s Housing and Community Development Department now has maps of every lot and building in the city with blue shading representing areas that were likely submerged.

Houston’s analysis also considered factors such as the building’s size and the lot’s surface permeability to calculate the likely damage caused to the home and its contents.

The conclusion: Harvey inflicted $16 billion of residential damage on the city, $3.1 billion of which the city believes meets HUD’s criteria for unmet need. That’s about $2 billion more than the amount HUD is already sending for unmet housing needs in Houston.

HUD may or may not buy the city’s calculations, but there’s no harm in trying. As McCasland says in the piece, the data the city will generate from putting the request together will be beneficial in itself.

Endorsement watch: Don’t forget the judges

The Chron got some national buzz for their blanket non-endorsement of judges who support the current bail structure, but overall they’re supported a large number of Republican incumbents on the bench. Not all by any means, but well more than a majority. I want to highlight three races where they endorsed Democratic challengers, as in all three cases the Republicans (two incumbents, one running for an open seat) are truly deserving of defeat.

For Supreme Court, Place 4, the Chron endorsed RK Sandill:

RK Sandill

District Judge R.K. Sandill is running for our state’s highest civil judicial office on a platform of moderation. We don’t usually hear that from judicial candidates, but most don’t run against an incumbent like John Devine.

Devine gained a reputation as an ideologue when he campaigned for district court with the promise to “put Christianity into government.” As a district judge, he cemented his reputation as a hard-right jurist when he fought to keep the Ten Commandments on display in his Houston courtroom. More recently, Devine wrote a bizarre dissent to a decision by his colleagues not to hear a case involving same-sex spousal benefits for city of Houston employees.

Devine wrote that government is justified in treating same-sex couples differently because “opposite-sex marriage is the only marital relationship where children are raised by their biological parents.” He completely ignored that the Supreme Court has held that the Constitution prohibits discrimination on the basis of sexual orientation in the case of marriage.

But you don’t have to rely on our assessment of Divine’s bias. Almost half of the attorneys polled in the Houston Bar Association 2017 judicial evaluation questionnaire gave him the lowest possible rating for impartiality. Sandill received more favorable votes on the Houston Bar Association preference poll than the one-term Devine — a rare occurrence of a challenger beating an incumbent. In the State Bar of Texas poll, Sandill received 2,446 votes to Devine’s 1,957.

Add our endorsement to the list.

Devine has been an embarrassment since he knocked off a perfectly fine district court judge in Harris County in 1994. He doesn’t belong anywhere near a bench. The Chron also endorsed Steven Kirkland for Place 2, but at least the incumbent he opposes isn’t a complete travesty.

For Presiding Judge of the Court of Criminal Appeals, the Chron endorsed Maria T. (Terri) Jackson:

Terri Jackson

The editorial board has faced so many tough decisions in our judicial endorsements that it’s a relief to have an easy choice. Voters should confidently pull the lever for Maria T. Jackson, 54, in this race for presiding judge on Texas’ highest criminal court. Jackson has been the criminal district court judge in Houston for more than a decade, handling thousands of cases ranging from low-level drug offenses to capital murder. She told us she’s only been reversed twice by the court she’s seeking to join.

The former municipal judge is proud of the many people she has helped to rehabilitate, but she first experienced transforming lives in the 1980s as director of a school that helped juvenile offenders and gang members.

Overall, Jackson’s approach reflects a blend of toughness and compassion. After she adopted more stringent probation policies for DWI defendants, the entire county soon followed her example.

The graduate of Texas A&M School of Law, formerly Texas Wesleyan School of Law, noted that people don’t tend to care about judges until they need them. But voters should care about ethics questions concerning the current presiding judge of Texas’ highest criminal court, Sharon Keller.

I trust you are familiar with Sharon Keller and her disgraceful body of work. If we want real criminal justice reform, we need some change at the top of the judicial heap as well as in the district courts and DA offices.

Finally, for First Court of Appeals, Place 7, the Chron endorsed Julie Countiss. They begin with the story of how outgoing Justice Terry Jennings switched to the Democratic Party just before the 2016 election, saying the GOP had left him behind:

Julie Countiss

Candidate Terry Yates, on the other hand, seems to fit in with the party Jennings abandoned.

Yates filed an amicus brief asking the 14th Court of Appeals not to construe the right to same-sex marriage to apply to equal partner benefits for city of Houston employees.

Counsel should have the right to advocate for the positions of their clients, but when we asked him about the legality of same-sex marriage during an editorial board meeting, Yates said he didn’t have a deep enough understanding of the overarching Supreme Court case to weigh in.

Throughout the meeting he dodged and weaved when we asked about his political activities and relationship with Steve Hotze — a political activist who once proclaimed that all the gays needed to be driven out of Houston and whose organization has been declared a hate group by the Southern Poverty Law Center.

The close ties to Hotze is more than enough to disqualify Yates. Countiss only got one paragraph in the Chron endorsement, but it’s enough. Her Q&A with me is here. If you have Republican friends who are willing to split their ticket here and there, these are three races you can pitch to them for that.

October 2018 campaign finance reports: Congress

Wow.

It’s not just Beto.

Newly filed campaign finance reports show that money flooded into Democratic congressional campaigns all across the state over the last three months.

Along with Democrat Beto O’Rourke’s blockbuster $38 million haul in his bid against Republican U.S. Sen. Ted Cruz, no fewer than eight other Texas Democrats outraised their GOP rivals in their bids for Republican-held U.S. House seats. These numbers are so daunting that even GOP House incumbents who have stepped up their game this cycle, particularly U.S. Reps. Pete Sessions of Dallas and Will Hurd of Helotes, found themselves trailing far behind their Democratic rivals.

Looking back to the 2016 cycle, U.S. House candidates who raised more than $400,000 a quarter was considered strong fundraisers. This time around, several Texas Congressional candidates had multi-million dollar quarters.

To give a sense on how much things have changed, consider the state’s only competitive federal campaign in 2016, Texas’ 23rd Congressional District held by Hurd. The Democratic challenger that year, former U.S. Rep. Pete Gallego, raised less money through the entire two-year cycle than three current Democratic challengers – attorneys Colin Allred and Lizzie Fletcher and retired Air Force intelligence officer Gina Ortiz Jones – raised in this quarter alone.

The latest numbers are noteworthy enough that GOP sources tell the Tribune that the Democratic numbers lit a fire under some of the state’s most politically active Republican billionaires and millionaires and, they are now, finally, fully engaged in protecting their team in the midterms.

Boy, what would the Republicans do without their billionaires and millionaires? You can see the tallies for each district at the link above, but I’ll summarize for the districts that I’ve been tracking here. Here are the July 2017 finance reports, here are the October 2017 finance reports, here are the January 2018 finance reports, here are the April 2018 finance reports, here are the July 2018 finance reports, and here’s the FEC summary page for Democratic Congressional candidates in Texas.

Todd Litton – CD02
Lori Burch – CD03
Jana Sanchez – CD06
Lizzie Fletcher – CD07
Steven David – CD08
Mike Siegel – CD10
Vanessa Adia – CD12
Adrienne Bell – CD14
Rick Kennedy – CD17
Joseph Kopser – CD21
Sri Kulkarni – CD22
Gina Ortiz Jones – CD23
Jan McDowell – CD24
Julie Oliver – CD25
Linsey Fagan – CD26
Eric Holguin – CD27
MJ Hegar – CD31
Colin Allred – CD32
Dayna Steele – CD36


Dist  Name             Raised      Spent    Loans    On Hand
============================================================
02    Litton        1,310,731    786,261        0    524,469
03    Burch           246,241    232,138   23,149     40,239
06    Sanchez         577,842    440,807        0    137,034
07    Fletcher      4,604,838  3,015,607        0  1,589,246
08    David            31,664     26,520        0      4,639
10    Siegel          343,403    271,869   10,000     82,259
12    Adia            180,528    105,984        0     74,399
14    Bell            161,105    147,165        0     13,939
17    Kennedy          55,231     95,083   19,356     18,464
21    Kopser        2,527,090  2,162,350   74,231    364,740
22    Kulkarni      1,028,707    576,851   14,400    451,856
23    Ortiz Jones   4,742,935  3,501,768        0  1,241,167
24    McDowell         95,553     63,611        0     32,061
25    Oliver          527,503    308,436    3,125    222,209
26    Fagan           155,893     81,922        0     57,096
27    Holguin         164,678    156,994        0      7,683
31    Hegar         3,535,495  2,792,159        0    738,317
32    Allred        4,238,043  2,337,466   44,978  1,900,577
36    Steele          808,109    627,624    5,926    180,454

There’s nothing I can say here that I haven’t said before several times. A few candidates received DCCC or other PAC money, but the vast bulk of what they raised they did themselves. The amounts raised just in the third quarter are staggering, and it’s not just at the top. Julie Oliver now has more cash on hand than the total amount she had raised as of Q2, despite CD25 being on nobody’s radar. She’s now officially the second-most impressive-to-me fundraiser after Dayna Steele, who could still become the eighth candidate to break the million dollar barrier. My wish right now is that they’re all spending this money like crazy on GOTV efforts.

Day 1 early voting totals: Like three days in one

Monday was busy.

Harris County residents on Monday set a new record for the first day of early voting in a midterm election, as 63,188 went to the polls to cast ballots.

The turnout smashed the previous mark, set in 2010, by more than 35,000 votes, and came on the same day both major party candidates for the U.S. Senate, Gov. Greg Abbott and President Donald Trump campaigned in downtown Houston.

An additional 52,413 voters have returned mail-in ballots, bringing the total figure to date to 115, 601.

Harris County’s tally eclipsed the first-day total in the 2008 and 2012 presidential elections, even though midterms typically draw far fewer voters. Fort Bend and Montgomery counties experienced similar surges.

“There are just incredible numbers of turnout today,” Harris County Clerk Stan Stanart said. “Lines are moving, they’re getting to vote, and they’re getting on their way.”

The crowds at the polls signal voters are enthusiastic, said University of Houston political science professor Brandon Rottinghaus, but which political party benefits remains to be seen. He said an increase in voter turnout usually boosts Democrats, but the early voting surge simply could show that more voters are choosing to avoid the hassles voting on Election Day can bring.

“Historically, turnout on the first day tends to be exaggerated,” Rottinghaus said. “It’s impossible to know which party faithful are voting, or if it’s a surge in people who traditionally don’t vote.”

Here are the daily totals from 2010, from 2014, and from 2016, as well as a spreadsheet with totals from 2004, 2008, 2012, and 2016. You want to see the first day totals in a nice, convenient table form, right? I aim to please:


Year    Mail    Early    Total
==============================
2010  24,273   26,051   50,324
2014  41,520   20,215   61,735
2018  52,413   63,188  115,601

2008  29,301   39,201   68,502
2012  40,566   47,093   87,659
2016  61,543   67,471  129,014

Monday’s total didn’t just exceed the day one totals from 2010 and 2014, it was more than the totals through Wednesday for those years. Other counties were super busy as well, though I haven’t had a chance to look around for more stories yet. While 2010 certainly stands as a good example of high turnout not being good for Democrats, I will dispute both of the things Prof. Rottinghaus said in that last paragraph. If you look at all the previous years, the number of mail ballots received drops by a lot after day one (since the day one total covers everything received to that date), but the number of in person voters generally stays around the same through the end of the week. Also, while you can’t tell from the numbers I get and publish, the names and voting histories of everyone who votes is available to anyone who wants it (for a small fee), so someone with that data can in fact tell what the likely partisan mix is and who are new voters versus old faithfuls. I expect to get information about that as we go. I do think that a lot of people sprinted to the starting line, but if the usual patterns hold, we are going to be seeing a lot of voters who don’t have a non-Presidential history. But every year tends to bring surprises, so we’ll see what this one has in store for us.

UPDATE: Forgot to actually share the file from Monday. It’s here.