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January 31st, 2020:

January 2020 campaign finance reports: SBOE and State Senate

Let’s finish off our review of state offices. This post will cover State Board of Education, District 6, and the State Senate. My two-part look at the State House was here and here, Harris County offices were here, and statewide races were here.

Debra Kerner, SBOE6
Kimberly McLeod, SBOE6
Michelle Palmer, SBOE6

Borris Miles, SD13
Richard Andrews, SD13
Milinda Morris, SD13

Eddie Lucio, SD27
Sara Stapleton-Barrera, SD27
Ruben Cortez, SD27

Audrey Spanko, SD01
Jay Stittleburg, SD04
Carol Alvarado, SD06
Susan Criss, SD11
Margarita Ruiz Johnson, SD11
Randy Daniels, SD12
Shadi Zitoon, SD12
Michael Antalan, SD18
Roland Gutierrez, SD19
Freddy Ramirez, SD19
Xochil Pena Rodriguez, SD19
Robert Vick, SD22
Clayton Tucker, SD24


Candidate     Raised     Spent     Loan     On Hand
===================================================
Kerner        10,556     2,636    3,000      16,517
McLeod         1,080     1,948        0       1,080
Palmer         6,076     1,722        0       7,394

Miles         52,650    41,355  656,943      29,950
Andrews        4,575     4,946    3,849         219
Morris           260     4,530   10,000       1,250

Lucio        609,622   750,263   34,557      31,972
Barrera        5,384   150,655  141,560           0
Cortez        78,338    27,777        0       6,126

Spanko        21,253    12,150        0       6,572
Stittleburg    4,574     1,499        0       3,147
Alvarado     204,820    39,550        0     386,687
Criss         15,920    33,063        0       9,697
Johnson
Daniels
Zitoon         3,550     2,573    2,250       3,226
Antalan            0         0        0           0
Gutierrez    188,588   201,288        0     109,337
Ramirez       17,690    11,414        0       5,576
Rodriguez     56,038    63,004  125,000     106,347
Vick           2,630     1,985      550       1,515
Tucker        24,059    12,180        0       2,129

There are three SBOE races of interest around the state, but I limited myself to SBOE6 because no one raises any money for any of them. In the general election they can ride the partisan wave – being a state office, they’re near the top of the ballot, so whatever effect the lack of straight-ticket voting there will be, it should be relatively minimal for them – but in a high turnout primary, who knows what will happen. At least all the choices are good.

There are four contested State Senate primaries. Sen. Borris Miles has two challengers, neither of whom has raised much money. I haven’t seen anything to suggest this is a race of interest. Former District Court Judge and HD23 candidate Susan Criss faces former CD22 candidate Margaret Ruiz Johnson in SD11, which is on the far outer edges of competitiveness – if SD11 turns into a close race in the fall, Democrats are having a very good year. Criss should have some name recognition. Johnson has not filed a report.

The two most interesting races are in SDs 19 and 27. SD19 is the seat Democrats coughed up in a 2018 special election following the resignation of Carlos Uresti. State Rep. Roland Gutierrez, who finished third in that special election, decided to forego running for re-election in order to take another shot at this seat. He’s raised the most money, but Xochil Pena Rodriguez has an equivalent amount of cash thanks to her loan. This is probably Gutierrez’s race to lose. Whoever does win will be counted on to take that seat back and force Dan Patrick to kill off the remnant of the two thirds rule, for his short term benefit and the Democrats’ long term gain.

Sen. Eddie Lucio has two challengers, and his finance report shows he’s taking the threat seriously. Ruben Cortez is an incumbent SBOE member, and he was recently endorsed by Texas Parent PAC, which accused Lucio of “following the lead of Lt. Governor Dan Patrick when he pushes legislation that harms public education.” To me, this is a far more consequential primary than the nasty and expensive one going on in CD28, mostly because there are a lot more Congressfolk than there are State Senators, and one rogue State Senator can be the difference in bad legislation passing or good bills dying in a way that one rogue Congressperson seldom is. Nancy Pelosi can take care of her business with or without Henry Cuellar. Carol Alvarado, the next Senate Democratic Caucus Chair, needs a much more reliable ally in SD27. Here’s hoping she gets one.

Lyceum poll: Trump with a mostly modest lead

From the inbox:

Among the large pack of Democratic presidential primary contenders still vying for the nomination to be the party’s nominee for U.S. president, former Vice President Joe Biden is currently leading in the Lone Star State, with Vermont Senator Bernie Sanders a close second. However, it is Biden who comes in second behind Sanders when matched against President Trump in a hypothetical 2020 general election match-up. This is according to new, independent polling results released today by the Texas Lyceum, the premier, nonprofit, nonpartisan statewide leadership group.

Just five days away from the Iowa caucuses, the traditional start of the presidential primary season, the Lyceum poll, which carries a margin of error of +/- 4.89 percentage points among potential Democratic Primary Voters (n=401), finds Biden leading with 28%, slightly ahead of Vermont Senator Bernie Sanders with 26%. Meanwhile, Massachusetts Senator Elizabeth Warren tops the second wave of Democratic candidates at 13%, followed by late entrant and former New York City Mayor Michael Bloomberg at 9%. South Bend, Indiana, Mayor Pete Buttigieg drew 6%, while Minnesota Senator Amy Klobuchar has 4%.

Sanders polls closest to Trump for the general election
The survey asked respondents who they would support if the November presidential election were held today between President Donald Trump and Vice President Biden, Senator Sanders, Senator Warren and Mayor Buttigieg, respectively. With fewer than nine months until Election Day, the Texas Lyceum poll shows President Donald Trump holds a lead ranging from 4 to 8 percentage points over each of the potential Democratic nominees, with Senator Sanders polling closest to the president, 50 to 47 among likely 2020 general election voters (n=520, margin of error +/- 4.30 percentage points).

Among the top remaining candidates, Biden trails Trump by 5 points, 51% to 46%, Warren trails Trump by 7 points, 50% to 43%, and Buttigieg is 8 points behind the president, 51% to 43%, in this early look at the November Elections.

U.S. Senate Democratic Primary Race – far from settled
Meanwhile, the race to determine the nominee to take on incumbent U.S. Senator John Cornyn next November is far from settled, as none of the 12 Democratic Primary candidates garnered more than 11% of the vote in the Lyceum survey. Air Force Veteran and 2018 congressional candidate M.J. Hegar is leading the field with 11 points. Trailing Hegar are Dallas State Senator Royce West at 8%, activist Cristina Tzintzún Ramirez at 7%, at-large Houston City Council member Amanda Edwards at 6%, and Beaumont car dealer and pastor Michael Cooper at 4%.

“Texas is always a difficult state for candidates to introduce themselves to the voters due to its sheer size and multiple, large media markets,” said Joshua Blank, Ph.D., research director of the Texas Lyceum poll, “but, in a year in which the political oxygen has been sucked up by the Democratic Presidential Primary and impeachment, it’s clearly been a major challenge for those seeking to take on John Cornyn to break through with the Texas electorate. These new results confirm that it’s still anyone’s race.”

Texans Split over whether the U.S. Senate should remove Donald Trump from office
The Texas Lyceum Poll found Texans split on whether President Trump should be removed from office following his impeachment in the House of Representatives. The poll was fielded Jan. 10-19, 2020 after impeachment proceedings in the House had concluded and before the U.S. Senate trial had begun. Overall, 44% of Texas adults say the Senate should remove the president from office, while 45% disagree. Not surprisingly, views on impeachment reflect party loyalty, as 77% of Democrats believe the president should be removed from office while 86% of Republicans believe he should remain. However, in what is expected to be a more competitive election year by Texas standards, self-identified independents were more inclined to say that the president should be removed from office, 46% to 31%.

Texans’ economic views improved slightly
Evaluations of the Texas economy appear to have improved somewhat over last year. The percentage of respondents who believe Texas is better off compared to the rest of the country increased by 4 percentage points from 45% to 49%. Asked to grade the national economy, a plurality, 39% say that the country is better off than it was a year ago, with 35% saying that the economy is about the same. President Trump job approval divided by party, while Governor Abbott’s marks remain high President Trump’s job approval rating remains remarkably consistent with September 2019’s Texas Lyceum Poll given the tumultuous political environment. Overall, 52% of adult Texans surveyed disapprove of the job the president is doing, while 47% approve. Again, party plays a big role in the president’s job approval rating, with 89% of Republicans giving him high marks. Among Democrats, 85% say the president is doing a poor job. A majority of independents also rate the president negatively, with 60% saying he’s doing a poor job and 37% giving him a positive review.

The executive summary is here, the poll questions and data are here, and the crosstabs are here. A couple of thoughts:

– Biden usually polls best against Trump among the gaggle – see this SNN/SSRS poll from December, for example – but not always – see UT-Tyler and the UT/Texas Tribune polls, both from November. Sanders would usually be a point or so behind when Biden did best, with the others generally a step back (Beto was an occasional exception to that). Here, Sanders is two points closer than Biden is. Both are in the high 40s, which is the figure of greater interest to me.

– I have not followed the primary polling closely, but Biden has easily topped the Democratic field in polls before now – he led Sanders by 11 in UT/Trib, by 10 in UT-Tyler, and by 20 in CNN/SSRS. Sanders’ closeness to Biden here feels like an outlier to me, but he’s doing well nationally, so who knows. Of course, most of the headlines I’ve seen in relation to this poll are about how Sanders is “surging” in the Dem primary in Texas. Have we learned nothing about polling in all these years? One result is not a surge, it’s one result. I expect we will see more polls in the coming weeks, as the primary draws nearer, and then we can evaluate whether this was an indication of a change or just an odd result.

– He has no more chance of being the Democratic nominee than I do, but I’d have liked to see a Trump-Bloomberg matchup polled, if only to get an idea of what 47 gazillion dollars in TV ads can do for you.

– Forty-four percent of registered voters said they were more likely to vote in the Democratic primary. Forty-three percent said Republican primary. Have I mentioned that Dem primary turnout is going to be off the charts?

– Trump continues to have bad approval ratings in Texas, though here he outperforms them in the general election matchups. Note, however, that the approval question is asked of the entire sample, which is 1200 adults (the registered voter sample is 920), while the “who will you vote for” sample is 520 likely voters. In other words, it seems likely there are a significant number of people in this sample who dislike Trump but either aren’t registered or aren’t seen as likely voters. That right there is a turnout issue. Keep registering voters, and keep pushing them to the polls.

– The pollsters gave the name of all 12 Senate candidates to the respondents. My eyes are glazing over just at the thought of sitting through a robot saying “Press one for Amanda Edwards, press two for Adrian Ocegueda, press three for Jack Daniel Foster”…you get the idea. I don’t even know how you poll in that race.

Anyway. This was our first poll of the year. UT/Trib usually does a poll in February, and UT-Tyler has been doing them every couple of months and may be due for another soon. With the primary looming, I’d expect to see even more numbers soon.

The next round in the Motor Voter 2.0 lawsuit

Score one for the plaintiffs.

Still the only voter ID anyone should need

Finding Texas in violation of federal law, a U.S. judge gave civil rights lawyers a small win Thursday — fueling hopes of a wider victory in a continuing fight over the state’s online voter registration practices.

U.S. District Judge Orlando Garcia said the 1993 National Voter Registration Act requires that Texans be able to register to vote at the same time they go online to renew or update a driver’s license.

Visitors to the Department of Public Safety website, however, must click through to another website, download a form, print it out, fill it in and mail it to their county registrar — extra steps that violate the federal law’s “motor voter” provision designed to encourage voter participation, Garcia said in a written order.

“Congress lifted these burdens to make voter registration easier, not more confusing and difficult,” he wrote.

Noting that Monday is the deadline to register to vote in the March 3 primaries, Garcia limited the scope of his order. He required state officials to update the voter registrations of three Texans who sued over the motor voter law, using the information already provided to DPS when they renewed their driver’s licenses.

Longer-term solutions remain under consideration and will be ruled on in the future, the judge said.

See here for the background. An earlier storylaid out the arguments.

Pressing for speedy action with a key voting deadline only days away, civil rights lawyers returned to federal court Tuesday to argue that Texas continues to violate a U.S. law designed to make voter registration easier.

Under the “motor voter” provision of the 1993 National Voter Registration Act, Texans who renew their driver’s license online must be allowed to simultaneously register to vote or update their registration with a new address, Beth Stevens with the Texas Civil Rights Project argued.

For years, however, Texas has required potential voters to take extra steps in violation of the law, Stevens said, urging U.S. District Judge Orlando Garcia to take action against the state.

“It will refuse to comply with federal law until it is forced to do so, Texas voters be damned,” Stevens said during a 2½-hour hearing in Garcia’s San Antonio courtroom.

Under the state system, Stevens estimated, more than 735 Texans lost the right to vote in 2018.

[…]

The Texas Civil Rights Project recently filed a new lawsuit with three voters who had moved, renewed their driver’s license online but are still registered to vote at their old address. Two nonprofits, MOVE Texas and the League of Women Voters of Texas, also joined the newest lawsuit, arguing that they have standing because they are forced to spend time and money signing up voters who should have been able to update their registrations on the DPS website.

Stevens said the new lawsuit still seeks to require simultaneous voter registration, but she asked Garcia to issue an order no later than Friday to require state officials to let the three plaintiffs register to vote using the information already provided to DPS to renew their driver’s licenses.

Monday is the last day to register to vote in the March 3 Texas primaries, she noted.

The state argues that nothing is stopping these three people from registering by other means. That’s true, but also not the point. The point is that the law says that they are supposed to be registered this way. In the initial lawsuit, the Fifth Circuit said the plaintiffs didn’t have standing because by the time the lawsuit was filed they had been registered and thus there was no injury claim to remediate. If that’s the case, then the state is arguing that the plaintiffs should invalidate their own case. As we now see, that didn’t work. I would expect the court to rule in the plaintiffs’ favor on the larger question at some future date, and from there we’ll see if the Fifth Circuit admits that they fixed the problem with the first lawsuit or finds some other pretext to throw out this one. In the meantime, kudos to all for a job well done. A press release from the Texas Civil Rights Project is here, and from the TDP is here.