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August 23rd, 2020:

Weekend link dump for August 23

“Our school’s emergency bags are remarkably sparse. No band-aids, no first aid materials. We have one flashlight, one sign with my name to help my students find our class if they get separated during a mass exodus, one copy of my class rosters, and one Sharpie marker. Why a marker? Someone asked that very question at a staff meeting. The nurse explained, in a completely emotionless tone, that the Sharpie was so we could identify students and write their names on their bodies in the event of an incident.”

“What I’m getting at here is that people are what make videos work. People—given the license and resources to have fun—are the reason why viewers hit the play button. People are the reason why you hit that like and subscribe button. Even as BA grew from a sleeper hit to its own cinematic universe, what kept it successful was that the human element came through in moments congenial, frustrated, heartbroken, petty, and embarrassing. No one watches BA Test Kitchen because they’re fans of Condé Nast, or want to see Condé Nast succeed.”

“CBS Television Studios has signed an exclusive agreement with law enforcement and public safety advisory group 21CP Solutions to consult with the writing staffs of CBS crime procedurals and legal dramas”.

“The conclusion I’ve come to is that no one’s in charge. They’re not doing anything, per se. The party has lost all superego & runs entirely on id now – no strategy, no plan, no intentionality. All that’s left is a bunch of tired tropes & instincts that haven’t changed in decades.”

“We estimate that the reduction in annual lead emissions from deleading NASCAR and ARCA races yielded social benefits of $2.2 billion per year from avoided elderly mortality alone. This suggests that the cost of a gram of lead added to gasoline is over $1,100.”

“A Brief History of Why Donald Trump Hates the Postal Service”. It’s even more petty and small-minded than you think.

“But McConnell — and, to be fair, White House Chief of Staff Mark Meadows — are acting as if the most important thing they want to achieve is for President Trump to be a one-term president.”

“Herman Cain and the Problems With Tweeting After Death“.

By the way, the Trump administration is also in the process of destroying the Customs and Immigration Service, but that’s getting a lot less attention than the Postal Service.

“A federal grand jury in Manhattan has indicted former Trump campaign chairman Stephen K. Bannon, accusing him and three others of conspiracy to commit wire fraud and conspiracy to commit money laundering in a border wall fundraising scheme.”

Do better, Alamo Drafthouse. Come on!

“Reds play-by-play announcer Thom Brennaman was caught on a hot mic using an anti-LGBTQ slur during Wednesday’s Reds doubleheader vs. the Royals.”

Despite Rule Changes, Baseball Games Go Longer Than Ever”. Are they taking those 7-inning doubleheader games into account, though?

Like it or not, you’re gonna get some COVID story lines on your favorite TV shows.

“A simple mathematical mistake may explain why many people underestimate the dangers of coronavirus, shunning social distancing, masks and hand-washing.”

“The core of Joe Biden’s politics is his talent at fulfilling the simplest of political and emotional needs: Joe Biden likes you. That was the message of this convention, and it’s the message that has always been at the core of his politics. Joe Biden likes you if you’re a Democrat or a Republican. He likes you even if you don’t like him, because it’s his job to like you, no matter how you vote.”

“COVID Update August 21: Public health is supposed to be above politics. For now, health is nothing but politics.”

Weekend voting litigation news

I have two news items about voting-related lawsuits. Both of these come via the Daily Kos Voting Rights Roundup, which has been increasingly valuable to me lately, given the sheer number of such lawsuits and the fact that some news about them either never makes the news or does so in a limited way that’s easy to miss. For the first one, which I have been unable to find elsewhere, let me quote directly from the DKos post:

A federal court has rejected the GOP’s motion to dismiss a pair of Democratic-backed lawsuits challenging a 2019 law Republicans enacted to ban mobile voting locations that operate in a given location for only part of the early voting period. The law in question requires that all polling places be open for the entire early voting period, but because this puts additional burdens on county election officials’ resources, many localities have opted not to operate so-called “mobile” polling places altogether.

Democrats argue that the law discriminates against seniors, young voters, voters with disabilities, and those who lack transportation access in violation of the First, 14th, and 26th Amendments.

This was originally two lawsuits, one filed in October by the Texas Democratic Party, the DSCC, and the DCCC, and one filed in November by former Austin Assistant City Manager Terrell Blodgett, the Texas Young Democrats (TYD) and Emily Gilby, a registered voter in Williamson County, Texas, and student at Southwestern University serving as President of the Southwestern University College Democrats (the original story listed this plaintiff as Texas College Democrats, but they are not mentioned in the ruling). These two lawsuits were combined, and the ruling denying the motion to dismiss means that this combined lawsuit will proceed to a hearing. Now, I have no idea how long it will take from here to get to a hearing on the merits, let alone a ruling, and as far as I know there’s no prospect of an injunction preventing the law in question (HB1888 from 2019), so this is more of a long-term impact than a 2020 thing, but it’s still good news. I should note that there was a third lawsuit filed over this same law, filed in July by Mi Familia Vota, the Texas NAACP and two Texas voters. That one was filed in San Antonio federal court, while this one was in Austin. I do not know anything about that lawsuit other than the fact that it exists. Like I said, this stuff is hard to keep up with.

The ruling is here, and it’s not long if you want to peruse it. The motion to dismiss argued that the Secretary of State could not be sued because it didn’t enforce voting laws, that the plaintiffs did not have standing because the injuries they claimed under HB1888 were speculative, and that HB1888 was constitutional. The judge rejected the first two claims, and said that once standing and the right to sue were established, the constitutionality question could not be answered in a motion to dismiss because the state had a burden to meet for the law to be constitutional, even if that burden is slight. So it’s on to the merits we go. Now you know what I know about this particular offensive against one of Texas’ more recent attempts to limit voting.

Later in the Kos roundup, we learned about a brand new lawsuit, filed by the Hozte clown car crowd, which is suing to overturn Greg Abbott’s executive order that extended early voting by an additional six days.

Conservative leaders and two Republican candidates have filed suit to block Gov. Greg Abbott’s order that added six days of early voting for the November election as a pandemic-inspired safety measure.

The extension, they argued, must be struck down as a violation of the Texas Constitution and state law.

“This draconian order is contrary to the Texas spirit and invades the liberties the people of Texas protected in the constitution,” the lawsuit argued. “If the courts allow this invasion of liberty, today’s circumstances will set a precedent for the future, forever weakening the protections Texans sacrificed to protect.”

The lawsuit was the latest attempt by prominent conservative activist Steven Hotze to overturn Abbott’s executive orders and proclamations in response to the coronavirus.

None of Hotze’s suits to date has succeeded, but the barrage of legal challenges highlights the difficulty Abbott is having with his party’s right wing, which questions the severity of the pandemic and opposes limits on businesses and personal decisions.

The latest lawsuit, filed late Thursday in Travis County state District Court, was joined by Republican candidates Bryan Slaton, running for the Texas House after ousting Rep. Dan Flynn, R-Canton, in the GOP primary runoff, and Sharon Hemphill, a candidate for district judge in Harris County.

Other plaintiffs include Rick Green, a former Texas House member from Hays County, and Cathie Adams, former chair of the Republican Party of Texas and a member of Eagle Forum’s national board.

In late July, when Abbott extended the early voting period for the Nov. 3 election, he said he wanted to give Texas voters greater flexibility to cast ballots and protect themselves and others from COVID-19.

Beginning early voting on Oct. 13, instead of Oct. 19, was necessary to reduce crowding at polls and help election officials implement safe social distancing and hygiene practices, Abbott’s proclamation said. To make the change, Abbott suspended the election law that sets early voting to begin 17 days before Election Day.

At the same time, Abbott also loosened vote by mail rules allowing voters to deliver completed ballots to a county voting clerk “prior to and including on election day.”

The Hotze lawsuit, which sought to overturn that change as well, argued that Abbott’s emergency powers do not extend to suspending Election Code provisions and that the early voting proclamation violates the Texas Constitution’s separation of powers doctrine because only the Legislature can suspend laws.

The lawsuit seeks a temporary restraining order barring the Texas secretary of state from enforcing Abbott’s proclamation and a court order declaring it unconstitutional.

See here for a copy of the lawsuit. Abbott did extend early voting, though whether it was in response to Harris County Clerk Chris Hollins’ request or if it was something he was always planning to do – remember, he did do the same for the primary runoff election – is not known. What is known is that the State Supreme Court has shown little patience for Hotze and his shenanigans lately. The quote in the story from the lawsuit may be one reason why – there’s a lot more heat than facts being alleged, and even a partisan institution like SCOTX likes to have some basis in the law for what it does. The fact that the extension of early voting for the July runoffs went unchallenged would seem to me to be relevant here – if this is such a grave assault on the state Constitution, why was it allowed to proceed last month? The obvious answer to that question is that there’s a partisan advantage to (potentially) be gained by stopping it now, whereas that wasn’t the case in July. My guess is that this goes nowhere, but as always we’ll keep an eye on it. Reform Austin has more.

Finally, I also have some bonus content relating to the Green Party candidate rejections, via Democracy Docket, the same site where I got the news about the mobile voting case. Here’s the temporary restraining order from the Travis County case that booted David Collins from the Senate race and Tom Wakely from CD21; it was linked in the Statesman story that I included as an update to my post about the mandamus request to SCOTX concerning Wakely and RRC candidate Katija Gruene, but I had not read it. It’s four pages long and very straightforward, and there will be another hearing on the 26th to determine whether the Texas Green Party has complied with the order to remove Collins and Wakely or if there still needs to be a TRO. Here also is the Third Court of Appeals opinion that granted mandamus relief to the Democratic plaintiffs regarding all three candidates:

Molison and Palmer are hereby directed to (1) declare Wakely, Gruene, and Collins ineligible to appear as the Green Party nominees on the November 2020 general statewide ballot and (2) take all steps within their authority that are necessary to ensure that Wakely’s, Gruene’s, and Collins’s names do not appear on the ballot. See In re Phillips, 96 S.W.3d at 419; see also Tex. Elec. Code § 145.003(i) (requiring prompt written notice to candidate when authority declares candidate’s ineligibility). The writ will issue unless Molison and Palmer notify the Clerk of this Court, in writing by noon on Thursday, August 20, 2020, that they have complied with this opinion.

“Molison” is Alfred Molison and “Palmer” is Laura Palmer, the co-chairs of the Texas Green Party. Since the question of the state lawsuit filed by the Libertarian Party over the filing fee mandate came up in the comments on Friday, here’s what this opinion says about that, in a footnote:

We note that although the Green Party and other minor parties and candidates have attempted to challenge the constitutionality of the filing-fee or petition requirement in federal and state court, the statute is currently in effect and enforceable. The federal court denied the parties’ and candidates’ motion for preliminary injunction on November 25, 2019. See Miller v. Doe, No. 1:19-CV-00700-RP, (W.D. Tex., Nov. 25, 2019, order). Although the state district court granted a temporary injunction on December 2, 2019, temporarily enjoining the Secretary of State from refusing to certify third-party nominees from the general election ballot on the grounds that the nominee did not pay a filing fee or submit a petition, the State superseded the temporary injunction, and an interlocutory appeal is pending before the Fourteenth Court of Appeals. See Hughs v. Dikeman, No. 14-19-00969-CV, (Tex. App.—Houston [14th Dist.], interlocutory appeal pending).

Emphasis mine. So there you have it.

As goes Tarrant, 2020 edition

Hello, old friend.

Shortly after Democrat Beto O’Rourke launched his campaign to unseat U.S. Sen. Ted Cruz in 2018, he made several visits to Tarrant County in North Texas to press the message that if he could flip this county, he could defeat Cruz.

The former U.S. representative from El Paso was largely unknown to Tarrant County voters at the beginning of the campaign. O’Rourke narrowly lost the statewide race, but he defeated Cruz by a slim margin in Tarrant County, an entrenched Republican stronghold that is home to Fort Worth and Arlington.

The eyes of Texas will again be on Tarrant County this year as a critical political battleground. With Fort Worth as its county seat, Tarrant County voters have not supported a Democratic candidate for president since native Texan Lyndon B. Johnson was on the ballot in 1964, and the county’s election results have closely mirrored statewide results in recent years.

“Tarrant County is the largest urban Republican County so Republicans want to defend it, and Democrats want to flip it,” said Brandon Rottinghaus, professor and Pauline Yelderman Endowed Chair of political science at the University of Houston. “It is a clear bellwether of where the state is politically.”

“Tarrant County is a relatively new battleground, so every candidate and both parties want to plant their flags there,” Rottinghaus said.

[…]

Population changes are among the factors that helped Democrats claim some victories in Tarrant County in 2018. Besides O’Rourke’s squeaker finish over Cruz, Beverly Powell defeated State Sen. Konni Burton, a conservative Republican, to reclaim the Senate District 10 seat for Democrats. The seat was formerly held by Democrat Wendy Davis, who gave it up to run for governor against Greg Abbott in 2014.

A seat on the Tarrant County Commissioners’ Court also flipped from red to blue due to demographic shifts that have occurred in Arlington, the connector suburb between Dallas and Fort Worth.  And voters in Arlington also delivered a blow to Republican Ron Wright, who was outpolled in the Tarrant County portion of U.S. House District 6 despite his notoriety as Tarrant County Tax Assessor-Collector and a former Arlington City Council member.  Wright was able to defeat his unknown Democratic opponent to win the vacant Congressional seat because of Republican support in two rural counties that are part of the gerrymandered district.

The results of the 2018 election have both parties preparing for a slugfest over Tarrant County this year.

“Tarrant is a tossup county, winnable by either party,” Rottinghaus said. “Tarrant County may lag behind other large, urban counties but, like other urban areas, it will slowly migrate to the Democrats.

“Given how close the county was in 2018, Democrats across the country see it as an opportunity to move Texas to the Democrats’ column in 2020,” he said.

We have discussed this before. You can see the pattern from the last four Presidential elections in that post. Beto carrying Tarrant kind of broke the pattern, in that generally the state has been just a pinch more Republican than this county. None of this is predictive for November of course, but I’d sure love to see a quality poll of Tarrant County, just to get a reading. We have had a poll of CD06, which includes part of Tarrant County as well as two other counties, but a straight-up survey of the county would be cool. Hopefully someone will make that happen.

In addition to CD06, which is much more of a stretch district for Dems, Tarrant includes a big piece of CD24, and five – count ’em, five – hotly contested State House races, two of which are open seats. None of these are districts that Beto carried, though he came close in all five, ranging from 47.9% to 49.5% of the vote. If I want to put an optimistic spin on things, Tarrant looks a little like Dallas County earlier in the decade, in that it was gerrymandered to absolutely maximize the number of Republican State House seats, which meant they were drawn with tight margins. That didn’t look so bad when Republicans were winning easy majorities in Tarrant, but could come back to bite them in a big way if they don’t. The analogy isn’t completely apt – there are some safe red districts in Tarrant, and Dallas was an already-blue county in 2012 that simply got blue enough to overwhelm the creaky electoral calculus performed on it. It remains to be seen that Tarrant can be reliably won at a county level by Dems in the first place. So hope and faith is fine, but there’s work to be done.

Anyway. I’m interested in seeing how Tarrant goes regardless of anything else. I feel like once it goes Democratic, assuming it does, it’s going to be so much harder for the Republicans to be dominant at the statewide level. At some point, the biggest counties are too much to overcome. We’ll see if this is the year for that.

Recount ends in CD23

The Republicans finally have a candidate to defend their most vulnerable Congressional seat in Texas.

The recount of the Republican primary runoff for the national battleground seat of retiring U.S. Rep. Will Hurd, R-Helotes, has reached an end, and Tony Gonzales remains the winner.

Raul Reyes, who finished 45 votes behind Gonzales in the July 14 runoff, announced Friday evening that he was abandoning the recount.

“Without a sizable shift in the vote margin after a recount in the most populous parts of the district I have decided to end the recount,” Reyes said in a news release, thanking his supporters for their “blood, sweat and tears.”

Reyes’ campaign said seven of the largest counties in the district had been recounted, and while he narrowed his deficit to 39 votes, it was “not enough to justify continuing with the counting of ballots.” A Texas GOP spokesperson confirmed that was the current recount margin but said it had not yet received an official withdrawal request from Reyes.

While the massive district has 29 counties, the seven counties referenced by the Reyes campaign made up over 80% of the vote on election night.

Gonzales is now set to be the undisputed nominee for the seat, one of Democrats’ best pickup opportunities across the country. The Democratic nominee for the seat, Gina Ortiz Jones, won her primary in March and went 171 days without a clear GOP opponent.

[…]

On Friday night, Jones’ campaign released a memo that noted her big head start but insisted it is “taking nothing for granted,” noting things like the fact it is already airing its second TV ad of the general election. The memo argued that after a contentious runoff, Gonzales would be “defined” by his affiliation with Trump, who lost the district in 2016, and views on health care.

See here for the background. I received a copy of that memo, and I’ve put it beneath the fold for your perusal. Let’s just say that I have high expectations for Gina Ortiz Jones, and I consider picking up CD23 to be the barest of minimum gains for Dems this cycle. Finally, always remember that Raul Reyes was the candidate who got Ted Cruz’s endorsement, while Gonzales was endorsed by Donald Trump. I’m sure you’re already humming the sad trombone sound. On to November!

(more…)

Dan Patrick’s Confederate posturing

Whatever else you can say about Dan Patrick, he’s always on brand.

n response to a letter by Democratic state senators urging the removal of Confederate monuments and symbols at the Texas Capitol, Lt. Gov. Dan Patrick blamed Democrats on Monday for past discrimination in the state and said the party is not committed to a “sincere” or “serious conversation” about the future of the monuments.

He did not directly answer whether he supported removing the symbols.

“If you are truly sincere about a serious discussion, then you need to openly examine the role Democrats have played in our state’s history on this issue,” Patrick wrote in a letter to the Democrats. “It is time to be transparent. A first step in addressing these issues is for Democrats to acknowledge that it was your party who carried out those past discriminatory policies and injustices and who built those monuments and hung those paintings.”

That kind of rhetoric has become common in the era of President Donald Trump, but it ignores the history of how in Texas and the rest of the South, many conservative Democrats switched parties after their former party embraced civil rights legislation. Texas was dominated by white, conservative Democrats for the first three quarters of the 20th century, a time during which the state passed numerous racist laws that enforced or promoted segregation and violated the rights of Texans of color.

But Republicans have been in near-complete control of the Texas government this century, and in that time have passed multiple voting measures found by federal courts to have intentionally discriminated against people of color.

In the last decade alone, federal courts have repeatedly scolded the Legislature under Republican leadership for discriminating against voters of color in redrawing political maps that undermined the political clout of Hispanic and Black voters and in passing one of the strictest voter ID laws in the country that disproportionately burdened voters of color who were less likely to have the identification the state required people to show at the polls.

At the start of the most recent legislative session, about 80% of Democrats in the Texas Legislature were people of color, compared with about 4% of Republicans.

You can see a copy of the letter, which was sent on August 12, here. As the story notes, there’s a select Senate committee that had been named by Patrick to review artwork in the Senate chambers, but for a variety of reasons it has not yet had a meeting. Clearly, that is not a priority on Patrick’s part, given his response to this gentle prodding. It was just last year that a Confederate plaque was removed from the Capitol following several years of lobbying by mostly Black legislators, so we know this can be done. On the other hand, the Senate that same year passed a bill that would have made it much harder for Confederate monuments to be removed; that bill thankfully never passed the House. Again, it’s clear what Dan Patrick cares about here. The ironic thing is that if he really wanted to stick it to the Democrats of fifty or a hundred years ago – the ones he blames for the presence of these monuments in the first place – he could work to remove those monuments that he claims are such a part of their legacy. I’m sure you can guess why he’s not interested in that.

So, as with the plaque in the Capitol, it’s going to take some work to get this done. Most likely, the removal of Dan Patrick from the Senate chambers as well will be a prerequisite. Be that as it may, let me close by applauding the Trib for putting Patrick’s bullshit in its proper context. A little truth can go a long way.