Off the Kuff Rotating Header Image

August 8th, 2020:

CD24 poll: Valenzuela 47, Van Duyne 41

From the Twitters:

You can see the poll info here. The 48-41 and 49-45 numbers are with leaners included – I just used the topline numbers. I would note that Trump carried CD24 by six points in 2016, while Beto won it by 3.5 points in 2018; I will say again, CD24 was the one that got away in 2018. Anyway, Biden leading by four points suggests a ten point shift overall from 2016, which is consistent with Biden leading the state by about a point. You can add your own caveats, I’m just adding this as another data point.

The school situation remains a mess

It’s a mess of Greg Abbott’s making.

Some superintendents say that despite Abbott’s statements to the contrary, their ability to respond to the pandemic is still limited, and many of their questions have gone unanswered even as school is slated to start in the coming weeks. They are worried their decisions could result in consequences from the state, including cuts to funding, and some say they would prefer high-stakes decisions affecting student and employee health to stay with medical experts.

“We’re going to make our decisions based on local scientific data, and we’re working with the health authority. That’s our guide,” said Juan Cabrera, superintendent of the El Paso Independent School District. “Nobody on our board, including myself and my administration, are medical doctors, so I’m going to try to take their advice.”

After about 18 local health authorities issued orders delaying in-person instruction because of coronavirus concerns, Abbott said last week that those health officials cannot issue blanket orders preventing all schools in their jurisdictions from opening classrooms before the academic year begins. His statement backed nonbinding guidance from Attorney General Ken Paxton released earlier that week.

Abbott also said school districts could ask for more time to limit the number of students learning in classrooms, on a case-by-case basis, beyond the current eight-week maximum set by the Texas Education Agency. And he reminded school officials that they could move their start dates later in the year with a school board vote, as long as they make up the time. This, he said, gives local school boards the most authority to determine when and how it’s safe to have kids back.

The Texas Education Agency has not yet released any specifics on which districts will be able to receive waivers to limit in-person instruction beyond eight weeks or under what circumstances. But it said it will not fund school districts for unlawful school closures, worrying superintendents who want more certainty of state support while handling an unpredictable pandemic.

“After the eight weeks, there’s a threat to withhold funding if schools don’t have in-person learning. They’ve offered a waiver opportunity … but it takes it out of the hands of the local school district beyond the eight weeks, and that is not local control,” said Kevin Brown, executive director of the Texas Association of School Administrators and former superintendent of Alamo Heights ISD in San Antonio.

A spokesperson for Abbott, when reached for comment for this story, referred to the governor’s previous statements on the issue. Abbott has said that school boards are welcome to consult public health authorities as they make their decisions. And he said local health officials could shut down schools that have COVID-19 outbreaks after they reopen.

Some superintendents, especially in areas where the virus is rampant, balked at the idea of waiting for kids and teachers to get sick before shutting down their campuses in the middle of the year, instead of working with local health officials to close classrooms if cases spike again. And some still wondered: What options do they have if cases are still high after eight weeks?

“Districts, I think, are very concerned about creating these rolling situations where people come back on campus and then get sick and then everybody has to leave again,” said Joy Baskin, director of legal services for the Texas Association of School Boards, on a recent podcast explaining the state’s guidance.

See here, here, and here for the background. Basically, school districts are being told they cannot prioritize safety until they have proof that their schools are unsafe. If they take action that doesn’t conform with regulations that are not currently documented, they risk losing funding. Greg Abbott is the sole decider on these matters, and he has nothing new to say at this time. Any questions?

Let the sun shine in

Make ’em disclose.

Empower Texans, the deep-pocketed conservative advocacy group, is well-known for its heavy hand in steering the Texas GOP further to the right and for its shadowy setup that hides its funding sources from the public.

But a court case seeking to force the group’s leader to register as a lobbyist could reveal more about the inner workings of the organization — and others like it in Texas — than ever known before, after the Texas Supreme Court last month ruled that it must divulge communications and financial records to the state ethics commission.

Empower Texans CEO Michael Quinn Sullivan, through his dark money group — made up of a web of political action committees and of nonprofits that aren’t required to report donors — has made $9.5 million in political contributions since 2007, state records show. All the while, Sullivan has been able to keep secret even basic information such as his own compensation, which a Hearst Newspapers analysis found was hundreds of thousands of dollars more than the salary reported on tax forms.

[…]

The suit stems from a 2014 fine the Texas Ethics Commission assessed against Sullivan for failing to register as a lobbyist starting in 2010. Sullivan appealed, and a series of delays have held up the case from going to trial, including a fight over the county where it should be held and attempts by Sullivan to have it dismissed.

Sullivan and his attorney, Tony McDonald, did not respond to requests for comment.

In a parallel court case, Sullivan is trying to gut the state agency, alleging that the Texas Ethics Commission does not have the legal authority to carry out actions such as levying fines for campaign finance law violations, saying only an executive branch agency, not a legislative branch agency, can enforce laws.

That suit, which is before the 8th Court of Appeals in El Paso, also has the potential to reorganize the ethics commission, which already has some of the weakest enforcement capabilities in the country.

But in a testament to the political influence of Empower Texans in Republican circles, Attorney General Ken Paxton has declined to defend the Ethics Commission in that suit.

Instead, Paxton, who has received more than $400,000 in campaign contributions from Empower Texans since 2009, has sided with Sullivan — saying he agrees with the group’s legal stand and has a “duty to uphold the Constitution,” despite his obligation by statute to defend challenges to state laws, state agencies and state employees.

The ethics commission has hired its own lawyers in the case.

I probably have some posts about this case in the archives, but I didn’t feel like spelunking for them. You already know everything you need to know about Empower Texans and MQS, truly the scum of Texas politics. The bottom line for me is that I do not understand the argument that this organization somehow deserves to be exempted from disclosure laws. Every single thing they do is for the purpose of influencing our government. The rest of us have a right to know who’s paying for that. It’s all just sophistry and special pleading after that.

Your Harris County Republican Party

What can one possibly say?

Keith Nielsen has taken office as the chairman of the Harris County GOP, despite saying he would not do so earlier this summer after facing backlash to an image he posted on Facebook juxtaposing a Martin Luther King Jr. quote with a banana.

Nielsen, elected in March, was set to automatically take over as the party leader in Texas’ biggest county, home to Houston, at 12 a.m. Monday. To forfeit the office, he would have had to notify the party secretary prior to midnight, which he did not do, according to party spokeswoman Genevieve Carter.

By Sunday night, over 120 precinct chairs had signed on to a statement reminding Nielsen of his early June “declination to take the office.”

In recent weeks, all signs pointed to Nielsen reneging on his promise to not take office. He showed up to a meeting with state Senate district chairs last month and left the impression that he was reversing himself, and last week, he announced an Aug. 18 meeting with precinct chairs in an email that he signed as the “chairman-elect.”

Nielsen never publicly confirmed his intentions as questions mounted about whether he was going back on his word. Meanwhile, some of the prominent GOP officials who had initially pressured him to step aside reiterated their calls. The group included Lt. Gov. Dan Patrick and U.S. Rep. Kevin Brady, of Conroe.

“A bigot whose word is no good,” Brady tweeted Tuesday. “This is not what the party of Lincoln stands for. He needs to be removed. Now.”

It was not immediately clear how Nielsen could be ousted.

See here for some background. As a reminder, there were quite a few other GOP county party chairs who said nasty racist things on Facebook following the George Floyd murder, and they’re still in their positions. Plus, you know, Sid Miller. Good luck sorting this all out, y’all.