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October, 2022:

All of the judicial Q&As for this cycle

At the end of the primary cycle, I rounded up all of the interviews and judicial Q&As done for the primaries and runoffs, so that you’d have them in one place. As I ran the November interviews, I included links to the others I had done before, but I never did round up all of the latest judicial Q&As. Here they are now, in case you want to review them before you vote.

Justice Julie Countiss, Chief Justice, First Court of Appeals
Ted Wood, Chief Justice, First Court of Appeals
Judge Mike Engelhart, , First Court of Appeals, Place 4

Judge Brian Warren, 209th Criminal Court
Judge Josh Hill, 232nd Criminal District Court
Judge Lori Chambers Gray, 262nd Criminal District Court

Judge Tanya Garrison, 157th Civil District Court
Judge Beau Miller, 190th Civil District Court
Judge Cory Sepolio, 269th Civil District Court
Judge Donna Roth, 295th Civil District Court

Judge Gloria Lopez, 308th Family District Court
Judge Linda Dunson, 309th Family District Court
Judge Sonya Heath, 310th Family District Court
Judge Michelle Moore, 314th Juvenile District Court

Judge Audrie Lawton Evans, Harris County Civil Court at Law #1
Judge LaShawn Williams, Harris County Civil Court at Law #3

Judge Alex Salgado, Harris County Criminal Court at Law #1
Judge Shannon Baldwin, Harris County Criminal Court at Law #4
Judge Toria Finch, Harris County Criminal Court at Law #9
Judge Genesis Draper, Harris County Criminal Court at Law #12
Je’Rell Rogers, Harris County Criminal Court at Law #14
Judge Tonya Jones, Harris County Criminal Court at Law #15

Judge Jerry Simoneaux, Harris County Probate Court #1
Pamela Medina, Harris County Probate Court #2
Judge Jason Cox, Harris County Probate Court #3
Judge James Horwitz, Harris County Probate Court #4

Contempt of court in the True the Vote lawsuit

Wilder and wilder.

After a chaotic day of testimony on Thursday, a federal judge in Texas found Catherine Engelbrecht and Gregg Phillips — known as leaders of the group True the Vote — in contempt of court. They are facing accusations of defamation and computer crimes from a company at the center of a viral right-wing social media campaign engineered by the conservative voting organization.

The judge informed the pair they would face jail time if they do not comply with the terms of a court order by Monday at 9 a.m.

“I expect both defendants to be present,” said U.S. District Judge Kenneth Hoyt, a Ronald Reagan appointee, looking at their table. Marshals, he said, would be ready to arrest them.

Thursday’s finding of contempt was the latest in a string of twists in the civil suit filed in September by Konnech, a Michigan-based company that provides poll worker management software to elections offices.

In filings and testimony, the basic facts and plot lines have shifted from week to week, often producing unexplained contradictions. True the Vote’s telling involves a lengthy middle-of-the-night hotel rendezvous, double-crossing federal agents, confidential informants, and security threats on two continents.

Konnech’s lawsuit, on the other hand, alleges that True the Vote’s baseless and racist accusations against the company’s CEO, Eugene Yu, forced him and his family to flee their home in fear for their lives and damaged the company’s business. Meanwhile, Yu was arrested and charged by the Los Angeles district attorney on allegations of storing government data in China, in breach of its contract, that appear similar to at least some of the allegations True the Vote has made, and Los Angeles officials have said they received an initial tip from Phillips.

For years, Engelbrecht and Phillips have come under fire for promoting election conspiracy theories while offering scant evidence to support them. But their current campaign against Konnech is forcing them to back up what they’ve said since August on far-right social networks and platforms in the more skeptical setting of a federal courtroom.

See here for the previous update. It’s impossible to convey how chaotic this all was without excerpting huge portions of the story, so just click over and read the whole thing. I have no idea what happens next – as far as the near future goes, either Engelbrecht and Phillips will be spending some amount of time in the federal pokey or they will finally give up the evidence they’ve been required to present – but what is clear is that these people are not operating on the same plane of reality as the rest of us. There have always been people like that in the world, but they used to mostly inhabit the fringes. Now they’re much more mainstream, and there’s no obvious precedent for any of this. I suspect we have not reached the pinnacle of the craziness here yet. The Chron has more.

Drought is not good for pumpkins

Sorry, kids.

This year’s hot, dry weather has wreaked havoc on Texas agriculture, and the state’s pumpkin crop has not been spared. Farmers and agricultural experts say that drop in supply has translated into higher prices for pumpkins popular for display and jack-o’-lantern carving this fall.

“We didn’t have not even half as many pumpkins on the vine as we should have [this year],” pumpkin farmer Chris Hacker told KUT. “They’re not turning out as good as previous years.”

Hacker grows pumpkins on 150 acres in Knox County, between Dallas and Lubbock. He says his crop relies on irrigated water to thrive. But even with that supply, the extreme heat stopped pumpkins from growing.

Pumpkin flowers, he said, become difficult for insects to pollinate in extreme heat, so fewer of them grow into the beloved seasonal gourds.

“The pollen just wasn’t working the way it should,” Hacker said. “If you have too many days over 95 degrees consistently, then the pollen just goes stale. No matter how many bees you got out in the field working, it just doesn’t work.”

In Floyd County, the state’s top-pumpkin growing region, growers have also reported below average yields, according to the Texas Agrilife Crop and Weather Report.

“This year was a lot like 2011 in that we were starting to get 100 degree days early in May … and we had them all summer,” Jerry Coplen, an AgriLife Extension agent in Knox County, said.

Texas is not a big pumpkin producer compared to some other states. According to the Agrilife report, Illinois produces 90% of the nation’s pumpkin harvest, if you include pumpkins grown for food.

But when it comes to specialty “ornamental” pumpkins used for seasonal display, the drop in local or statewide production can still impact prices, Coplen said.

Any time the year 2011 is invoked in a weather-related story, it’s bad news. Hope things are better next year.

November 2022 Day Seven EV totals: On to Week 2

Fresh from Sunday night: Final EV totals from 2018 are here and from 2014 are here. The Day Seven totals for 2022 are here.


Year     Mail    Early    Total
===============================
2014   57,546  137,137  194,683
2018   77,347  429,009  506,356
2022   44,163  354,100  398,263

Saturday’s in person total of 41K was surprisingly low, while Sunday’s 25K was much more in line with expectations. Because Saturday in 2018 was much busier, the 2022 pace has fallen off a bit, though the in person total is still about 82.5% of what it was four years ago. The early vote for 2022 after seven days has now exceeded the entire early vote from 2014. An average of about 59K per day for this week, not much higher than the average for the first seven days, would make the 2022 early total be greater than the final turnout for all of 2014. Obviously, we want to aim much higher than that, and we have many more voters now than we did eight years ago – and also four years ago. We’ll see what this week holds. Have you voted yet?

Weekend link dump for October 30

Yeah, Bill Murray is a jackass and has been for a long time. I’m just going to have to accept that.

Happy 100th birthday, BBC.

“I happen to agree that there has been, in fact, a Mitt Romney radicalization process. But it is quite the opposite of what this narrative suggests. It isn’t rooted in Republican anger on behalf of Romney but in Republican anger against Romney, and over time that anger has grown to be not just against Romney the man but also against the values he represents.”

“Which means the Sandy Hook families, who are now creditors for both Jones and Free Speech Systems, could find themselves in a very odd position: Trying to get their hands on all of Jones’s personal assets while also working within a legal system that is designed to keep Free Speech Systems and Infowars — which only really works if Jones works there — up and running.”

“We’re about two weeks away from Election Day, but some voter intimidation efforts are already underway in Arizona, painting an ominous picture of just how far some Big Lie activists may go to push their debunked voter fraud narrative during the midterms.”

Two words: Robot tentacles. Yeah, I don’t know either.

“In advance of election night, I think it’s useful to calibrate expectations to the fundamentals, not to polls or vibes.”

“It would be hard to find a clearer example than this of the difference between government negotiation of drug prices and the private market.”

“States passing abortion bans reflect what only a small minority of their constituents actually want”.

Turns out, HR Haldeman was absolutely right about Billy Graham. And once you know that, it’s a lot easier to understand how the much-beloved Billy Graham begat his shitbird son Franklin.

Long live Larry the Cat, who has now served as Chief Mouser to the UK Cabinet Office through the terms of four prime ministers. And counting.

RIP, Ash Carter, former Secretary of Defense who opened military combat jobs to women and ended a ban on transgender people serving in the military.

RIP, Jules Bass, animator, producer, director and composer who partnered with Arthur Rankin Jr. on the stop-motion and animated holiday TV specials Rudolph the Red-Nosed Reindeer, Frosty the Snowman and Santa Claus Is Comin’ to Town.

“This idea that vote by mail is a form of voting that inherently advantages Democrats is just flat wrong. It is a mode of voting that creates opportunities for political parties to mobilize their supporters.”

“Let’s talk about why the price of gas drives people crazy”.

RIP, Jerry Lee Lewis, rock and roll pioneer and Hall of Famer.

Lucianne Goldberg has died. I have no further comment.

What will Tarrant County do this year?

Hoping for a blue result at the top and at least closer races below it, but we’ll see.

Eight years after voting for Gov. Greg Abbott, Angela Martinez found herself waiting in line Tuesday to snap a photo with Beto O’Rourke, his challenger in this year’s nail-biting gubernatorial contest.

Martinez, a 33-year-old marketer for a pediatric home health agency, has never identified as strictly liberal or conservative, she said, and sometimes feels like “a walking contradiction.” If there’s a spot for her on the traditional political spectrum, she hasn’t found it. When she voted for Abbott in 2014, Martinez identified with what she saw as the then-attorney general’s Christian family values.

But since then, Martinez has soured on Abbott. She feels Abbott didn’t do enough in the wake of the deadly winter freeze in February 2021 to prevent the state’s electrical grid from collapsing should a similarly catastrophic weather event hit Texas in the future. As someone who values “the sanctity of life,” Martinez is uneasy about the state’s blanket ban on abortions that took effect after the Supreme Court overturned Roe v. Wade earlier this year.

“My mother had the freedom (to seek an abortion), my aunts had the freedom,” Martinez said while waiting to meet O’Rourke at the University of North Texas Health Science Center in Fort Worth. “Why shouldn’t we?”

Voters in Tarrant County, the state’s last major urban county dominated by Republicans, just barely broke for Democrats at the top of the ticket in the last two elections — O’Rourke won there during his 2018 Senate bid and so did President Joe Biden two years ago — stoking Democrats’ hopes that the path to the governor’s mansion, and the end of their decadeslong exile from statewide office, goes through Tarrant. Boosting those hopes is infighting this year among Tarrant County Republicans — who insist the party is united.

The year that O’Rourke carried Tarrant during his near-miss bid to unseat U.S. Sen. Ted Cruz, Abbott won the county by more than 66,000 votes and nearly 11 percentage points — outperforming every other statewide Republican on the ticket.

Four years later, Abbott’s team is “confident” the governor will win Tarrant County once more, Abbott’s chief strategist Dave Carney told reporters last week while acknowledging the county is competitive. “It’s going to be a battle,” Carney said.

At his campaign stop at the UNT Health Science Center, O’Rourke expressed optimism that 125,000 people who have been added to the county’s voter rolls since he ran in 2018, combined with discontent over the power grid failure during last year’s winter storm, the state’s abortion ban and Abbott’s response to school shootings would help deliver him the county.

“Abbott has given us a huge, huge opening” in Tarrant County, O’Rourke said. “So many people are looking for the common ground and the common sense that’s been missing from our state government.”

But as Democrats express optimism because of O’Rourke and Biden’s victories, Republicans continue to dominate down-ballot races in Tarrant County — a sign of the GOP’s enduring dominance here.

“They have now a little bit of history that suggests that Democrats might be able to win in Tarrant County,” said James Riddlesperger, a political science professor at Texas Christian University. “On the other hand, there has not been a countywide Democrat elected for county office in Tarrant County in this century.”

Statewide Democratic candidates in 2018 and 2020 slightly outperformed their cumulative margins in Tarrant County. In 2018, the small number of local countywide candidates did a tad better than the statewide slate as a whole, scoring in the 47-48% range. In 2020, the same slight improvement was still there among a larger collection of local countywide candidates, but they finished in the 46-47% range for the most part.

Tarrant, as noted before, had been a reliable bellwether of the state as a whole through the 2016 election, but as with the other large urban counties, and several of the large suburban counties, it became more Democratic than the state. It’s just that Tarrant started in a redder place than the others, so they still lag behind by a bit. I suspect they will again be slightly bluer than the state as a whole, but if there’s a step back from 2018 or 2020, that will be reflected in Tarrant’s numbers as well. I believe the larger trends will continue, whether this year is in line with that or not. I hope that means a blue Tarrant sooner rather than later – as we know, there are a plethora of State House districts that were drawn to be modestly red, and CD24 looms as the best future pickup opportunity – but whether that’s this year or not I couldn’t say.

Texas Central insists they’re still alive

It’s something, I guess.

A lawyer for nearly 100 property owners who are living with the threat of their land being seized said he will seek legal action against Texas Central, the company that for a decade has promised to build a bullet train between Dallas and Houston, if the company does not provide more details about the looming project.

Landowners whose property could be in the path of the train track have petitioned the company to answer their questions. Patrick McShan, the lawyer representing property owners, said he’s prepared to ask a judge to allow him to depose the company — which has said little about the project — to get answers for his clients.

[…]

McShan’s list of questions included inquiries about the company’s leadership and permits for the project.

Robert Neblett, Texas Central’s attorney, said the company spent a “considerable sum” of money acquiring property for this project. Neblett added the company owns hundreds of tracts of land purchased for this project, but he did not confirm The Texas Tribune’s analysis of property owned by Texas Central.

“Texas Central’s chief executive is Michael Bui. Texas Central is not currently looking for a CEO to replace him nor is it looking for a new Board of Directors,” Neblett said in an emailed statement to the Tribune.

Neblett added that Texas Central plans to obtain any and all federal Surface Transportation Board certifications required to construct and operate the project.

Bui is a senior management consultant with FTI Consulting, a business advisory that lists corporate recovery as one of his qualifications. Bui also served as an adviser to a private energy company that provided power to the Electric Reliability Council of Texas following its court-ordered restructuring after the February 2021 freeze that caused hundreds of deaths while knocking out power and heat to millions of people.

According to a news release Houston Mayor Sylvester Turner’s office released Thursday, unnamed representatives of Texas Central said, “the landscape changed since March 2022, when the company underwent a restructuring effort, and the future of the high-speed train remains bright.”

Houston and Dallas leaders have long championed the project that would connect the two cities. Turner said the bullet train would be an economic stimulant for the entire state.

“We had some very productive and constructive discussions about the train in Japan,” Turner said. “The leadership in Houston is very supportive and wants it to happen. I look forward to working with Texas Central and our state and federal partners to advance this project. If you build it, people will take full advantage of it.”

Still in contention is how much land the company has acquired in the 10 years since the project was announced, and how much land is still needed for the bullet train.

See here, here, and here for the background. As noted in the story, the Texas Central Twitter page had its first new post since July, so that’s something. I’d like to see more activity than that, but at least the mirror test shows that there’s still some breath in there. For now, I’ll take it.

The Corpus Christi desalination plant fight

This ought to be interesting.

Texas regulators issued an environmental permit Thursday for the Port of Corpus Christi to build what could become the state’s first seawater desalination plant — but the U.S. Environmental Protection Agency may refuse to accept it.

The state permit for a desalination plant on Harbor Island represents the culmination of years of business strategy, political maneuvering and lawyering effort on behalf of the port, which wants to build a large-scale facility to convert seawater from the Gulf of Mexico into freshwater. The marine desalination plant is expected to cost at least half a billion dollars to construct; an estimate provided to the Texas Water Development Board puts the cost at more than $800 million.

Environmental groups have fought the project for four years on the grounds that wastewater from the plant could harm sensitive coastal ecosystems.

Now the port also will have to spar with the EPA, which can refuse to recognize the state permit on the grounds that it doesn’t comply with the Clean Water Act. The federal agency is concerned that Texas’ permit may not be sufficient to protect aquatic life and water quality, according to letters obtained by The Texas Tribune, and that the Texas Commission on Environmental Quality did not send the permit to the EPA for federal review.

The dispute centers on what type of permit is required: The EPA believes the desalination plant needs a “major” environmental permit — which requires EPA review — while TCEQ says the facility should be considered a minor project, which does not require federal review.

“If the TCEQ issues [the permit] without responding to the EPA … the EPA’s position will be that it is not a validly issued [permit],” Earthea Nance, regional administrator for the EPA’s Dallas-based Region 6, wrote in a Sept. 2 letter to TCEQ Commissioner Jon Niermann. Some experts speculated that the EPA may sue the TCEQ to determine whether Texas is legally obligated to consult the EPA on such seawater desalination permits.

TCEQ commissioners on Thursday seemed to dismiss the EPA’s concerns. Commissioner Bobby Janecka said he considered the federal agency’s objections but called them “outside our window of decision” on whether to issue the permit.

The Harbor Island plant is one of five marine desalination facilities proposed for Corpus Christi Bay — all racing to be the first built in Texas. Two are proposed by the Port of Corpus Christi and two by the city of Corpus Christi. (The port and the city have soured on one another as partners on desalination.) The fifth plant was proposed by a now bankrupt plastics company, which has since been taken over by Corpus Christi Polymers.

Water demand in the Corpus Christi region’s water planning area — pushed by a growing population and a boom in manufacturing and petrochemical facilities that need water to cool their plants — is expected to outstrip supply by more than 31,000 acre-feet, or about 10 billion gallons, by the end of the decade if new water sources are not secured, according to the state’s water plan.

The water planning area — made up of 11 counties in South Texas’ Nueces River Basin along the coast — projects that 70% of its new water resources will have to come from desalination plants by 2030.

“The potential for water independence from these kinds of facilities is very big,” said Manish Kumar, an associate professor of environmental and chemical engineering at the University of Texas at Austin, who has worked on and advised desalination projects. “The significance is huge, because we have the coastline, we have energy and in many places, we have a need for high-quality water.”

While Texas already has more than 50 plants that desalinate brackish groundwater into freshwater, according to a state database, seawater desalination is much more technically difficult, energy intensive and expensive to achieve on a large scale because ocean water is much saltier than brackish groundwater.

The seawater plants also give less bang for buck: Marine desalination plants are able to convert around 40% to 50% of seawater into freshwater, while groundwater desalination plants convert closer to 80%, Kumar said. The remaining water — made saltier by removing most of the now fresh water — is discharged as waste.

There’s a lot more, so read the rest. The environmental groups stress that they are not opposed to desalination, but they don’t think the TCEQ has done enough to ensure that the wastewater will be disposed of safely – basically, they want it dumped farther out into the Gulf of Mexico, where it can be more easily dispersed. I don’t know how much that might add to the cost of the project, or how big an effect it might have on future projects. I do know that the lawsuit that will result if the EPA decides this is a “major” project and requires their review will be another opportunity for the right-wing legal machine to attack the regulatory state, and I would rather that be avoided if possible. We’ll see how it goes.

UPDATE: I drafted this a couple of weeks ago, and more recently a lawsuit has been filed by residents of a historically Black neighborhood in Corpus Christi to stop this construction on the grounds that it violates Title VI of the Civil Rights Act of 1964. We’ll see how that goes.

How long has it been since the Fifth Circuit upheld a voter suppression law?

However long it’s been, they’re back at it.

Still the only voter ID anyone should need

A federal appeals court on Wednesday revived a 2021 Texas law that set new residency requirements for voter registration, including one that civil rights groups alleged essentially blocked college students from signing up.

The ruling by a three-judge panel of the 5th Circuit Court of Appeals overturned a lower court’s ruling that blocked most of the law for creating an unconstitutional burden on the right to vote.

[…]

The judges found the groups, LULAC and Voto Latino, failed to prove they had endured harm as a result of the law and therefore lacked standing.

“It’s unfortunate that we have such a conservative, anti-voting rights 5th Circuit,” LULAC President Domingo Garcia said. “We’ve been representing Latinos of Texas since 1929. This is the first time in recent memory a court has ruled we do not have standing. We believe we were right on the merits that this is a voter suppression bill that should be overturned.”

Garcia added that the group plans to request a rehearing by the full court, which is often considered one of the most conservative courts in the country.

Senate Bill 1111, which took effect Sept. 1 of last year, requires that anyone using a P.O. Box to register must also provide documentation of a physical residential address, such as a photocopy of a driver’s license.

It also prohibits voters from establishing or maintaining a residence “for the purpose of influencing the outcome of a certain election.”

Lastly, it bars voters from establishing a residence in a place they have not inhabited or at a previous residence, unless they live there at the time of the designation and intend to remain there.

“It’s a recognition of the obvious that they really didn’t have standing and they are not harmed because all (the bill) does is simply say: Don’t register at an impossible address,” said state Sen. Paul Bettencourt, who authored the bill.

LULAC and Voto Latino had argued that the law had forced them to have to divert resources toward educating the public about the changes and it chilled their speech when it came to what they could say about how to register to vote.

Garcia said LULAC spent more than $1 million to counteract election laws like SB 1111, but the judges sided with Texas in finding that the group failed to show how such expenses were directly related to that law, as several election laws were passed in 2021.

U.S. District Judge Lee Yeakel mostly left the P.O. Box provision in-tact, reasoning that the state has an interest in preventing voter registration fraud and the request for verification of a physical address is not a severe burden. A response to that request with a new address, Yeakel clarified, should be considered a change of address with no further action needed.

Yeakel had enjoined the two other provisions. He argued that there are valid reasons for changing an address that may influence the outcome of an election but not in a malicious way, such as “voting, volunteering with a political campaign, or running for an elected office.”

The final provision relating to where a person lives or intends to stay would make registration near-impossible for college students, senators or other groups of people who live in multiple locations throughout the year, Yeakel said.

“The burden imposed is ‘severe,’ if not insurmountable,” Yeakel wrote. “Such an insurmountable burden is not easily overcome … And the possible repercussions are not just complete disenfranchisement, but also criminal liability.”

See here for the background. You will note that I anticipated this outcome, so at least I’ve got that going for me. I would just like to know, if this law is constitutional, if we can prevent certain lowlife perennial candidates from registering at warehouses around town for the purposes of establishing “residency” to run for office. I’m sure the Fifth Circuit will be able to justify that, I would just like to see them do it.

It’s really tough on LGBTQ students right now

Not a surprise, unfortunately.

Schools remain a hostile place for LGBTQ students, according to a new report from the Gay, Lesbian & Straight Education Network, which found a decline in access to resources, books and supportive clubs for those students.

Nearly 70% of LGBTQ students felt unsafe at school because of their sexual orientation, gender identity or gender expression, according to the biennial report released last week. More than 78% said they avoided school functions or extracurricular activities because they felt unsafe or uncomfortable.

The findings come from the 2021 National School Climate Survey, which the organization has conducted every other year since 1999, offering a look into the unique experiences of LGBTQ students at schools across the nation and pointing to possible improvements.

“This year’s report shows we must make additional progress before LGBTQ+ youth are at minimum safe in schools where they can thrive and reach their full potential,” said Aaron Ridings, deputy executive director for public policy and research. “The attacks on LGBTQ+ youth from anti-LGBTQ+ extremists continue to create a chilling effect that threatens the wellbeing of gay and transgender youth across the country. We need leaders in states across the country who will uphold basic civil and education rights and let educators teach and students learn.”

Conditions have improved for LGBTQ students over the past two decades, according to the organization, though improvement has recently stagnated and researchers found few positive changes this year.

The organization that authored the report said it recommended that schools increase student access to appropriate and accurate LGBTQ resources, support student clubs, provide professional development to school staff, ensure that policies do not discriminate against LGBTQ students and create policies that ban harassment or bullying based on sexual orientation and gender identity.

You can read the report, but honestly I think we have a pretty good idea. Lots of states, including but hardly limited to Texas, have been pushing all kinds of homophobic and transphobic policies, from curriculum changes to book banning to just out and out hateful rhetoric. The current election threatens to make things worse. What did you expect? Sure, things are better now than they were in the past, but there’s no guarantee that will continue. We have a lot of work to do.

We have different definitions of “failure”

And by “we”, I mean DPS head Steve McCraw and everybody else.

Weeks after Texas Department of Public Safety Director Steve McCraw said he would resign if his troopers had “any culpability” in the botched police response to the Uvalde school shooting, he told families calling for his resignation Thursday that the agency has not failed as an institution.

“If DPS as an institution — as an institution — failed the families, failed the school or failed the community of Uvalde, then absolutely I need to go,” McCraw said during a heated Public Safety Commission meeting. “But I can tell you this right now: DPS as an institution, right now, did not fail the community — plain and simple.”

McCraw made the remark during a frazzled nearly 15 minutes of comments after several families of the 19 children who were killed spoke during the meeting’s public hearing portion. Two teachers were also killed during the May 24 shooting at Robb Elementary.

At least three sets of relatives — as well as state Sen. Roland Gutierrez, D-San Antonio — addressed McCraw, sharing the pain they endure every day and castigating government officials who have failed to release accurate and complete information about the shooting since it occurred.

“Typically when situations like this come up, you expect people to tell you the truth, to be transparent, to own up to their mistakes — nothing much to it,” said an uncle of Jackie Cazares, one of the children killed. “But every single time, it seemed like a lie after lie, misinformation, roadblock after roadblock. You can’t begin the healing process.”

Last week, DPS fired the first trooper in connection to the incident, Sgt. Juan Maldonado, who was one of the first and most senior troopers to get to the school. The agency revealed in September at least five troopers were under investigation for their conduct that day.

[…]

As he spoke, relatives of the victims who were present in the room appeared infuriated. Looking at the leader of the state’s top law enforcement agency, they broke their stare to shake their heads.

Afterward, McCraw told the commission he wanted any families present to have an opportunity to respond.

Brett Cross, whose 10-year-old nephew Uziyah Garcia was among the children killed, walked to a podium.

“Are you a man of your word?” Cross asked.

“Absolutely,” McCraw said.

“Then resign,” Cross responded.

Honestly, I can’t add anything to that. I approve of this message. Texas Public Radio has more.

November 2022 Day Five EV totals: A closer look at mail ballots

The numbers are what they are.

Nearly half as many people have so far voted by mail in Harris County as in 2018 during the same period, state data show.

About 31,000 voters submitted mail-in ballots by the end of the day Thursday, compared with 56,000 at this point four years ago. A similar trend is taking shape at the statewide level, where Republican voters who previously relied on mail ballots are likely opting to vote in person early or on Election Day, political analysts say.

Overall, turnout during early voting has also trailed slightly behind 2018. In the 30 counties with the most registered voters, about 11.1 percent have cast a ballot so far, though four counties had not yet submitted updated tallies as of Friday morning. About 16.1 percent had voted by this time four years ago.

The 31,000 mail ballots in Harris County make up about 1.2 percent of its registered voters. But in 2018, about 2.4 percent of registered voters’ ballots had been shipped off and counted by now.

Republicans in the past have had a 2-to-1 advantage in the vote-by-mail category, and the practice expanded in the 2020 election as the coronavirus spread. But as the pandemic waned, and after former President Donald Trump cast doubt on the integrity of the method, data shows Democrats now have the edge.

“Prior to 2018, voting by mail was really the bread and butter for Republican candidates,” said Derek Ryan, a GOP strategist whose company produces election data analyses. “And then (Trump) started discussing how potentially unsafe voting by mail could be, and I think that message has resonated with the Republican base.”

As of Wednesday in Harris County, 52 percent had previously voted in a Democratic primary, and 36 percent of mail voters had previously voted in a Republican primary, according to Ryan’s analysis. Yet, Republican voters have the upper hand in person, 41 percent to 34 percent.

[…]

Ryan, who’s been involved in politics in Texas since 2000, said this is the first election cycle he can remember in which most Republican candidates have not sent out mail ballot applications to registered voters.

Harris County elections spokeswoman Leah Shah said the county received far fewer applications that came from campaigns in this election — about 27,000 compared to 57,000 in 2018. Overall, the county received about 78,000 applications, compared with nearly 120,000 in 2018, she said.

“We’ve done a significant amount of education through the summer to ensure people feel confident in voting by mail,” Shah said. “It’s still an extremely important option for people who can’t come in person. We certainly want to encourage people to do so if needed and if they’re eligible.”

As noted, the in person early voting totals for Harris County right now are quite close to the 2018 numbers. The vote by mail totals are down quite a bit, and for sure that’s mostly Republican dropoff. For what it’s worth, in the 2018 general election in Harris County, Republicans had a slight lead in straight ticket votes on the mail ballots, though the Dem candidates for the most part had a modest edge overall. In 2020 Dems had a solid lead i mail votes, and I expect the same this year though with a smaller number of total mail votes cast. In the end, as I’ve said before, I would expect most of the former mail voters to turn out in person.

As for the Republican voters having an edge so far with in person voters, remember three things: One, the earliest voters tend to be the most faithful ones, so they’re disproportionately the strongest partisans. Two, going back to 2012 there have generally been more votes cast in Republican primaries than in Democratic primaries. The high water total for both parties in a primary is about 329K, with Dems hitting that mark in 2020 and Republicans in 2016. Not everyone votes in a given year’s primary so you can’t just add up the votes for each year, but my point is that to a first order approximation, the total number of people with an R primary history and the people with a D voting history are roughly the same.

(Yes, there were 410K Dem primary voters in 2008. That was 14 years ago. People move, people die, and we have about 700K more registered voters now in Harris County than we did then.)

Finally, there are a lot of people with no primary voting history. In 2018, when Dems had 159K primary voters and Republicans had 167K, every Dem other than Lina Hidalgo got at least 606K votes in November, while Republicans of the non-Ed Emmett variety got at most 560K (Hidalgo beat Emmett 595K to 575K). In 2020, with 329K Dem primary votes and 195K Republicans, it was at least 814K votes for Dems and at most 740K for Republicans. There are a lot of votes still to be cast.

Here are the totals through Friday. Final EV totals from 2018 are here and from 2014 are here. The Day Five totals for 2022 are here.


Year     Mail    Early    Total
===============================
2014   54,300  104,147  158,447
2018   65,232  315,030  380,262
2022   37,810  287,185  324,995

There were about 55K in person voters on both Thursday and Friday. Given the rains on Friday, it’s possible that total might have been higher otherwise. The 2022 in person tally continues to run at a bit more than 90% of the 2018 total (91.2%, if you want to be more precise), while the mail ballot total is about 80% of what it was in 2018. A simple and dumb extrapolation would suggest about 698K in person early voters plus 52K mail voters for a total of 750K, compared to 855K in 2018. I still think we wind up closer than that. The Trib has a nice daily tracker that as of last night was updated through Thursday, if you want to follow that along. I’ll post the next update Monday morning.

The “abortion sanctuary cities” lawsuit at SCOTx

A big decision this will be.

The Texas Supreme Court heard arguments Wednesday over whether a defamation case brought by several abortion funds against prominent anti-abortion activist Mark Lee Dickson should be dismissed.

In 2019, Waskom in Harrison County became the first Texas city to largely outlaw abortion and groups that assist it, like abortion funds, by adopting a Sanctuary Cities for the Unborn ordinance, following a campaign started by Dickson.

Then in 2020, three abortion funds — the Afiya Center, Texas Equal Access Fund and Lilith Fund for Reproductive Equity — sued Dickson, the director of Right to Life of East Texas, for defamation. Dickson had referred to the groups, which provide financial assistance to patients seeking abortions, as “criminal organizations” in statements on social media.

On Wednesday, Dickson’s attorney, Jonathan Mitchell, said his client’s statements were not defamatory because they were true.

“They are criminals because they have violated the criminal laws of Texas, which imposes felony criminal liability on any person who quote ‘furnishes the means for procuring an abortion,’” said Mitchell, a former solicitor general of Texas. He is also the architect behind the the state law that made performing an abortion illegal after fetal cardiac activity is detected, usually around six weeks of pregnancy.

[…]

In particular, Mitchell argued that Texas never repealed an 1897 law that punishes those “furnishing the means for procuring an abortion” and that Roe v. Wade, the 1973 landmark U.S. Supreme Court case that legalized abortion, didn’t make funding another person’s abortion a constitutional right.

“The court should say that these statements, far from being nondefamatory, are actually true to prevent future lawsuits like this from ever getting off the ground,” Mitchell argued. “This has been a campaign to intimidate constitutionally protected speech.”

Mitchell added that there are other grounds to dismiss the case, arguing that the abortion funds would have to prove Dickson made his statements with “reckless disregard for the truth.”

Beth Klussman, an attorney for the state of Texas, also spoke in support of Dickson. She argued that his statements were protected because they were opinions, similar to how opponents of the death penalty refer to executions carried out by the state as murder. Attorney Jennifer Ecklund, who represents the abortion funds, responded that Dickson’s language should be considered a factual statement because it was specific rather than about broad topics.

“We have a defendant who specifically said I am telling you as a fact that this is the state of the law and that these people are committing crimes,” she said. “That is a very singular set of facts.”

Ecklund added that the 1973 U.S. Supreme Court ruling made Texas’ pre-Roe law in question unconstitutional at the time, and therefore calling the abortion funds “criminal” infringes on their freedom of speech and association. And she said the groups have been complying with the law since the Dobbs decision.

“People are afraid to associate with them. People are afraid to donate. People are afraid to express their views for fear that they will also be called literal criminals who might be prosecuted based on things that they believe were totally constitutional,” Ecklund said.

See here for the background. I think Dickson’s defense is contrived and should be rejected, but it has just enough plausibility that it could persuade SCOTx that is has meaning. I’d love to hear what the lawyers think. This is a ruling on a motion to dismiss, so I’m assuming that the suit has previous survived such a motion at the district court and with the appellate court. We’re supposedly expecting an answer in the spring. You know what I’m rooting for.

How voting machines work

A bit of public service from TPR that almost certainly won’t be read or believed by the people who need to see it.

So how do the voting machines used in Texas elections actually work?

First off, only two voting systems manufacturers are certified to sell their systems in Texas: Hart InterCivic and Election Systems & Software (ES&S).

Hart InterCivic systems are used in 113 counties, including Harris and Tarrant counties. ES&S systems are used in the other 141 counties, including Bexar, Travis, and Dallas counties.

Republican Texas Secretary of State John Scott explained in this video that these companies’ machines must be certified by the Election Assistance Commission, a bipartisan federal body, and the state.

“In Texas, we have even higher standards for our voting systems which must be certified by our office in conjunction with computer science experts and legal experts at the Texas Attorney General’s Office,” he added.

When either company makes an update to its machines or software, it must be re-certified before it can sell those updated systems.

One false allegation that circulated around voting machines is that they are hackable because of a connection to the internet. Scott explained why this isn’t true.

“Voting machines in Texas are never connected to the internet,” he said. “In fact, in order to be certified in Texas elections, they cannot even have the capability of connecting to the internet.”

This allegation comes from a misunderstanding about how voting data gets transferred and counted.

Both Hart InterCivic and ES&S use encrypted USB drives inside their voting systems to collect voting data and physically move those drives to county election departments to tabulate, or count, votes. The drives are designed in such a way that they can only pull data from and provide data to pre-approved computers, so they can’t be plugged into a random laptop and be tampered with.

Scott said there are extensive protocols in place to ensure the drives themselves aren’t stolen or lost.

“Once early voting begins in Texas, there are strict requirements and chain of custody protocols that poll workers must follow continuously with each voting machine,” he said.

That includes transporting the USBs in bags with numbered seals, so it’s easy to tell if they’ve been opened before they were intended to.

Once those USBs are brought to the elections department after early voting ends, they’re locked up until they can be tabulated on Election Day.

There’s more, so read the rest. The sad truth is that the facts are boring and the unhinged conspiracy theories are sexy and exciting, but what are you gonna do? The fact that SOS John Scott is part of the problem is regrettable, but this is the hand we’ve been dealt. Show the denialists in your life the facts and don’t give them an inch. It’s the best we can do.

Endorsement watch: Ash for Garza

You can say that again…

Here’s his opinion piece, which I hope gets picked up by some larger papers.

Rochelle Garza

My parents came to America from ex-Yugoslavia with no property or money. They had to learn American English and America’s customs. Like so many immigrants, they built a life in America for my brother and me. And they both became proud U.S. citizens.

Our family’s story of authoritarianism has informed nearly every aspect of my life. It propelled me into the profession of law, to safeguard the freedoms guaranteed by our Constitution. It compels me to represent people accused of violating those laws and who can’t afford an attorney. And it is why I am a Libertarian. I fight every day to ensure that the State does not overstep its authority, and to protect our freedoms.

That’s also why I decided to run for Attorney General of Texas. A democracy should offer choices. With only two major political parties on the ballot in an extremely important race, I entered this race to give Texans a third choice.

But on the eve of the election, giving Texans a third choice feels inadequate. The stakes are now simply too high for me to settle merely to be another option for Texans who, like me, love our state, love our country and value our freedoms.

I have thought long and hard how to say this, and I don’t say this lightly. Ken Paxton is the poster child for corruption and authoritarianism. And if he is allowed to continue, we might have to be the ones to flee.

The office of the Attorney General is incredibly powerful and not very well understood. Basically, it acts as the police officer for the state, enforcing our laws.  At least, that’s what it’s meant to do. Under Ken Paxton, it is a weapon that is used against innocent Texans. It is also a tool for him to avoid obeying the law himself. Like a bad cop on steroids, he is using his insider knowledge to get away with crimes, and his very great power to take away our freedoms, from intimidating people from voting to stealing property owners’ land.

I know that many voters are reluctant to throw away their votes on a third-party candidate. So if you feel that your vote may not count, then voting for Rochelle Garza is the better choice. Therefore, I am taking the extraordinary of recommending Rochelle Garza for Attorney General over Ken Paxton. Not voting or voting for me may not be enough.

This is a pivotal moment in American history that we are facing. Our way of life hangs in the balance. Ken Paxton isn’t playing politics-as-usual. He is taking pages from the authoritarian playbook. And we cannot afford to play politics-as-usual. That is why I am taking this unheard-of step.

We must kick Ken Paxton out of office in order to save our liberties.

While Rochelle is the Democratic candidate, there is a lot of overlap with our Libertarian values.  She believes in legalizing marijuana and is against using public domain to steal our land for an ineffective border wall. I believe not only that she will respect the rule of law but that she will fight for our freedoms.

While we have seen some prominent Republicans endorsing Democratic candidates this cycle, I can’t recall a situation like this before, in which a candidate running in a partisan race endorsed one of their opponents. I’d have to search to find the examples, but it’s happened in primaries and special elections and non-partisan races, usually when one candidate for whatever the reason suspends their campaign. If you can think of a recent on-point example to accompany this, please leave a comment.

Does this make much of a difference in the race? Probably not much. It will be interesting to see if Ash score less than his Libertarian peers, as that will at least provide some kind of metric. And it only really matters if Paxton fails to get at least fifty percent of the vote. Whatever happens, I thank Mark Ash for recognizing the stakes of this race, and doing his part to make a difference.

Univision: Abbott 46, Beto 42

Another registered voters poll, with a supersample of Latino respondents.

Republican Governor Greg Abbott leads Beto O’Rourke in the Texas governors’ race by more than four points, even though the Democrat has more support among Latinos and Blacks.

The increase in the cost of living dominates the concerns of registered voters in Texas for the November 8 elections and is emerging as a decisive factor, according to a survey by Univision News and the Lyndon B. Johnson School of Public Affairs of the University of Texas.

Half of the 1,400 respondents – including Hispanics, Whites and African-Americans – considered inflation to be the biggest problem facing the administration and the new Congress that will emerge from the elections to be held in two weeks time.

[…]

Overall, Latinos in Texas represent about 25% of the state’s registered voters and lean towards the Democratic Party candidates. White voters remain the majority and are more likely to be Republican.

This is clearly seen in the gubernatorial race. Some 58% of Latinos and 70% of African-Americans say they will vote, or are inclined to vote, for O’Rourke. Meanwhile, Abbott, the current governor, has the support of 63% of White voters, giving him a four-point overall lead (46% – 42%).

The same goes for polling in the congressional election in November which could redraw the balance of power at the federal level. Although the preference of Latinos and African-Americans on the performance of the current Congress largely favors Democratic Party candidates, Republicans have the overall advantage.

While 55% of Latinos and 75% of African Americans say they will vote for Democratic candidates for the House of Representatives, only 25% of Whites say they will do the same, and 63% will vote for Republican candidates. That gives Republicans a seven-point advantage (47% vs. 40%) in overall voter intention in the state.

President Joe Biden’s popularity isn’t helping Democratic Party candidates. The weakness in the economy is due to many factors – the hangover from the pandemic and the war in Ukraine, among others – but historically voters always blame the incumbents.

Overall, 55% of registered Texas voters have a poor image of Biden, while 40% view him favorably. Among Latinos the numbers are reversed (40% – 55%), but the percentage who view him “very favorably” (26%) is nearly equal to those who view him “very unfavorably” (24%).

This is a trend that Univision News polling has observed since the beginning of the year.

Donald Trump, meanwhile, has a 49% favorability rating among registered voters in Texas. It is much lower among Latinos, at 34%.

Crosstabs are available here. They also did a poll of Nevada, which I didn’t look at. The last Univision poll I blogged about was from late October 2020, in which they had Trump up by a 49-46 margin. Trump actually won by five and a half points, 52.0 to 46.5, so while they were a bit off it’s pretty close.

There are two main takeaways from this poll for me. One is that it is further evidence of a significant split between “likely voter” (and “Extra Supersized Likely Voter”) polls and simple “Registered Voter” polls, following on the heels of the Beacon poll, the Marist poll, and the LV-screened UT/TPP poll. Maybe we will find that the LV screens were off, maybe we will find that a lot of voters who said they preferred Dems didn’t vote, maybe we won’t know what difference it made. The point here is that whatever we think, we should acknowledge that these differences in approach are yielding differences in result. We don’t know yet if one is superior to the other. Maybe the final totals will end up in the middle. This is a weird year with a lot of uncertainty. It’s foolish to put all your chips on one particular outcome.

The other is that as was the case in 2020, we are getting very different signals about how Latinos will vote across the polls. This poll, which has Beto carrying Latinos by a 58-28 margin, is the best result for him we have seen. Like the Telemundo poll, this one has an actual survey-sized sample of Latinos, with a standard-sized margin of error, which ought to make it more accurate. That said, they were too rosy on Democratic prospects for Latinos in 2020, and their story makes it clear that Republicans have an edge on at least the economy right now, so who knows what could happen. I am trying to stay hopeful without being a chump.

One last point is that both Abbott and The Former Guy are in positive approval territory, while Beto and Biden are negative. Given that, the closeness of this poll is remarkable. That also may be an indicator of a difference in voter enthusiasm, which would be in Republicans’ favor. Just noting it for the record.

We hit a new peak in voter registrations

It’s good to see, whatever it “means”.

Still the only voter ID anyone should need

Texas now has almost 17.7 million voters — 1.9 million more than four years ago, when Gov. Greg Abbott won re-election.

New voter registration totals from the Texas Division of Elections show the state’s voter rolls are continuing to grow even faster than the population. While the state’s population has grown about 7 percent since 2018, voter registrations have grown about 12 percent.

Nowhere has the surge been bigger than in Harris County, where 230,000 people have been added to the voter rolls since 2018. Tarrant and Bexar counties are next, with more than 130,000 more voters than four years ago. All three counties voted Democratic in the 2020 presidential election.

The result is that at least 1 of every 5 voters in Texas never cast a general election ballot in the Lone Star State prior to 2014 — a remarkable wild card in a state that had stable politics and a slow stream of new voters for a generation before that.

Some of the biggest percentage increases in voter registrations are coming from booming counties that voted Republican in 2020.

Comal County, just north of San Antonio, saw a 29 percent increase in voter registrations from four years ago — the highest growth percentage of any county in the state. Not far behind was Kaufman County, east of Dallas, which also grew by about 29 percent.

[…]

Since 2014, Texas has added 3.6 million voters — roughly equivalent to the populations of Wisconsin and Minnesota.

The increase can be traced to 2014, when a group of campaign strategists from President Barack Obama’s re-election campaign launched an effort they called Battleground Texas to build an army of volunteer registrars.

See here and here for some background, and here for historic data. It’s wild that this has accelerated so much in recent years – we’ve talked about how Harris County was basically flat for years prior to 2012. This will have to slow down, at least to equalize to the rate of population growth, but today is not that day.

The increase in voter registration is absolutely a factor in the recent surge in turnout. In 2014, with 14 million voters and 33.7% turnout, there were 4.7 million total ballots. With 17.7 million voters, 33.7% turnout would be almost 6 million votes. Needless to say, we expect a higher percentage turnout than that this year. If we get the 8.3 million voters we got in 2018, that’s 47% this year, while it was 53% in 2018. I don’t know what we’ll get and I’m not trying to make a projection, I’m just noting that we have a higher floor now.

Math test scores took a hit during the pandemic

The decline started before the pandemic, but kept on going from there.

Students in Houston and across the nation showed “appalling and unacceptable” declines on the 2022 Nation’s Report Card, adding to mounting evidence that the pandemic impacted young people already facing academic and mental health challenges.

U.S. Secretary of Education Miguel Cardona said low-performing students’ scores on the National Assessment of Educational Progress were faltering even before the pandemic and now all performance levels are showing sharp declines. The nation must take swift action and invest more in education to reverse these troubling trends, he said.

“It’s heartbreaking, and it’s horrible,” Cardona said. “It’s an urgent call of action. We must raise the bar in education.”

The U.S. Department of Education administers the NAEP every other year to fourth- and eighth-graders across the country. Comparisons can be made among states, as well as among 27 of the country’s largest school districts. Desegregated results from Houston, Austin, Dallas, and Fort Worth ISDs are available, as are state totals. Score range from 0 to 500.

Results for Houston ISD show:

  • In math, the number of fourth-grade students performing “below basic” on the math NAEP increased 14 percentage points to 37 percent since 2019. On average, Houston ISD fourth-graders scored a 226, compared to 235 in 2019. The national average this year fell to 227.
  • The average score of a white fourth-grader in HISD on the math test was a 260, compared to a 212 for Black students and a 223 for Hispanic students. Additionally, 22 percent of white fourth-graders reached the “advanced” benchmarks of the math test, compared to 2 percent of Black and Hispanic students.
  • About 44 percent of eighth-graders in Houston ISD performed “below basic” on the reading NAEP, an increase from 41 percent in 2019. Their average score was 247, falling 2 points lower than 2019 scores and 8 points lower than the national average. White students averaged a 275, while Black students averaged 236 and Hispanics 244.
  • Additionally, only 4 percent of white eighth-graders in Houston ISD reached the “advanced” benchmark on the reading test.

Houston ISD Superintendent Millard House II said support services will be key to improving scores.

“While these challenges are not unique to HISD, providing students and families with the necessary academic and non-academic supports as detailed in our community driven five-year strategic plan, will address many of these needs,” House said in a statement. “We are confident that these investments in our students such as requiring a librarian, counselor or social worker, and supporting our schools with the highest need through our RISE program, will ensure a more equitable, targeted approach increasing positive academic outcomes.”

The first STAAR results post-pandemic weren’t so bad, but there was definitely an impact on poorer students. I feel reasonably confident that we can make up the lost ground, but what we can’t ever get back is those years of those kids’ lives. At a certain point, the effect of the learning loss has real long-term negative effects. That’s a problem that won’t go away.

One more thing:

There’s more to the thread, but you get the idea. Don’t let people go jumping to conclusions around you. The Trib and Texas Public Radio have more.

Texas blog roundup for the week of October 24

The Texas Progressive Alliance exhorts everyone to go vote as they bring you this week’s roundup.

(more…)

November 2022 Day Three EV totals: A lot like Day Two

Sorry, the days are long and my mind is full and I don’t have anything interesting to say. I will at some point. For now, this is what we get. Final EV totals from 2018 are here and from 2014 are here. The Day Three totals for 2022 are here.


Year     Mail    Early    Total
===============================
2014   46,293   61,150  107,443
2018   55,506  190,455  245,961
2022   28,536  176,964  205,500

There were 56K in person voters yesterday, and a bit over 4K returned mail ballots. At this point, 2022 is running about twice as high as 2014, and that gap will grow, while at about 80% of 2018 overall but more than 90% of 2018 in person. The 2018 dailies stay pretty flat though the last day, with an odd dip on the second Wednesday. I think 2022 will catch up, at least for the in person totals. Have you voted yet?

Beacon Research: Abbott 48, Beto 45

A different poll result from what we had been seeing.

A poll affiliated with the Democratic Policy Institute has Beto O’Rourke tailing Gov. Greg Abbott by 3 points in the race for Texas governor, a margin narrower than other recent polls.

The poll was released Sunday, ahead of Monday’s start of early voting. Beacon Research surveyed 1,264 registered Texas voters between Oct. 15 and 19 for the nonprofit, which describes itself as developing “common sense policies that meet the needs and desires of the majority of our citizens.” The organization’s principal officer is Najy A. Metni, according to IRS documents — an O’Rourke donor. Metni has donated $50,000 to O’Rourke this election cycle, campaign finance and other public records show. Abbott’s 3 point lead — 48% to O’Rourke’s 45% — is subject to a 2.8% margin of error.

“Simply put, as voters begin heading to the polls this week, the Texas Governor’s race is anybody’s ballgame,” the institute said in a statement.

The poll puts the candidates in a closer race than other polls released in the past several weeks, including one by the Texas Politics Project at UT-Austin released Friday that had Abbott with a widened lead over his Democratic opponent. The October poll had Abbott ahead by 11 percentage points compared to five points in a poll released in September.

The poll data is here, though it doesn’t contain crosstabs. I was going to cite the recent Marist poll as a second closer result for Beto in October, but that four-point spread was for registered voters, with no screen applied. They reported a 52-44 Abbott lead among “definite” voters, but for whatever the reason didn’t include a number for those who called themselves “likely”. I continue to be puzzled by and skeptical of the distinctions between the “Likely” and “Extra Super Duper Likely With A Cherry On Top” voters. For what it’s worth, in this particular poll, they gave numbers for all voters (Abbott 48-45), “Definite” voters (Abbott 48-46), and “Less Likely” voters (Abbott 43-34). Maybe they just have a different “Likely Voter” screen than others do, or maybe they’re seeing something different. It’s hard to put a lot of faith in a single stand-out result, so make of this what you will.

One other poll came out this week, from Siena College, which has Abbott up 52-43 among “Likely” voters. They had him up by a 50-43 margin, also among “Likely” voters, in September.

The counting process

I don’t think I had seen this explained before.

Harris County residents likely will have a long night waiting for election returns Nov. 8, according to county Elections Administrator Clifford Tatum.

It takes around one minute for the county’s equipment to read a digital drive that contains a polling location’s vote count — and election workers will be receiving a drive from each of the county’s 782 polling locations.

The county’s equipment can read two of those drives at the same time, which would put the total counting time — assuming no problems arise — at more than six and a half hours.

“That sort of tells you how long it’s going to take to process all of the results that come in from Election Night,” Tatum said.

“The reality is that we will not have all of the final results tabulated before midnight,” Tatum added. “The math simply does not lend itself to allow us to do that.”

The county has not had complete results before midnight in decades, owing largely to the population and sprawling geography poll workers had to traverse to turn in ballot boxes and voting machines after the polls closed. In recent years, however, wait times for results have stretched further into the early-morning hours. This year’s March primaries took 30 hours to tally, prompting harsh criticism of Tatum’s predecessor, who later resigned over vote-counting issues. Harris County was the only one in the state to exceed the 24-hour limit.

Tatum said the elections office’s top priority is accuracy over speed.

“We just need our voters to know that simply because all the results aren’t in before midnight doesn’t mean that there’s something wrong,” Tatum said. “It’s just the process.”

Asked why the county does not have more equipment available to cut down the reporting time, Tatum said the challenge is balancing speed and accuracy.

“If you have multiple readers going, you want to be sure that the operators that are operating those readers are following the processes and procedures. So, if we have the opportunity to add in an additional reader, we’ll do that. But right now, our plan is to read two at a time. They are expensive equipment. It’s about control and accuracy in the process.”

Sounds reasonable. Usually, we get most of the votes tallied by around midnight – the May elections were both like that, thanks in part to the reduced turnout. The primary this year was an exception, and the blowback from it was exacerbated by a lack of communication from the Elections office. Here, Administrator Clifford Tatum lays out a schedule for when we can expect updates, and if we get that plus clear communications if and when something is causing a delay, I think we’ll be fine. Campos has more.

Ramsey and Cagle finish sabotaging the budget

They got what they wanted.

Harris County’s prolonged political battle over the budget came to an end today. For over a month, the two GOP members of Commissioners Court have broken quorum, skipping meetings to prevent Democrats from passing their proposed tax rate and budget for fiscal year 2023.

They skipped again Tuesday, despite multiple major items on the budget that impacted millions in funding for law enforcement, flood control and the Harris Health System. Here’s a play-by-play of how it all went down, from the Houston Chronicle’s government reporter Jen Rice.

You can read the rest, but it’s more of what we’ve seen before. If you don’t like the cuts to the Sheriff, the DA, and the constables that will now happen, take your complaints to Commissioners Cagle and Ramsey. They’re the ones that made this happen.

UPDATE: Chron editorial: Harris County Republicans just defunded the police.

November 2022 Day Two EV totals: Just the facts

I’m just going to get into it, I don’t have anything to add to the numbers. Final EV totals from 2018 are here and from 2014 are here. The Day Two totals for 2022 are here.


Year     Mail    Early    Total
===============================
2014   42,752   40,595   83,347
2018   53,947  127,963  181,910
2022   23,630  120,402  144,032

There were about 59K in person voters yesterday, compared to 63K for 2018. Obviously, the overall mail ballot total is down as noted before, but in the end I expect those votes to mostly show up as in person votes. I’m sure I’ll have more to say going forward, but for now we’re up to date.

November 2022 Day One EV totals: The in person experience

Here’s your Chron story about Day One of early voting.

More than 60,000 registered voters Harris County decided Monday they couldn’t wait any longer to cast a ballot for their choices in the 2022 midterm election.

Monday was the first day of early voting in Texas, and more than one out of every 50 Harris County turned out to cast their ballots, according to the Harris County Elections Administration office. Voters this year are casting votes for Texas governor and Harris County judge, along with dozens of other state and local races. In Harris County, a printed-out ballot would be 20 pages long, officials said

Few problems were reported at the county’s 99 early voting locations Monday, but voters did find themselves standing in line waiting to cast their votes.

[…]

Texas now has nearly 17.7 million voters, which is 1.9 million more than four years ago, according to the Texas Division of Elections.

Harris County alone has about 2.6 million registered voters. Since 2018, about 230,000 people have been added to the rolls in Texas’ most populous county.

Most people across the state are expected to vote early, which has been the trend for Texas elections since 2008.

Whether this year’s midterm will have record turnouts remained to be seen. Elections officials in the largest counties outside of Harris County said turnout appeared to be slightly lower on the first day of early voting, compared to the 2020 and 2018 elections.

Here’s the story about voter registration totals, which I’ll get into separately. You’re here for the daily EV totals, and I aim to please:


Year     Mail    Early    Total
===============================
2014   41,520   20,215   61,735
2018   52,413   63,188  115,601
2022   21,779   60,834   82,613

I’m just focusing on midterm elections this time. The third week of early voting in 2020 makes any comparisons there hard to do. Final EV totals from 2018 are here and from 2014 are here. The Day One totals for 2022 are here.

Two things to note. One is that the mail ballots are way down, not just from 2018 but also from 2014. I saw some speculation about this on Twitter, as statewide mail ballots are also way down, that it’s mostly Republicans giving up on voting by mail due to the constant brainwashing about it by their lord and master The Former Guy. We can’t be sure about that, but it’s a reasonable hypothesis. We’ll know for sure when the votes get tallied. I’d guess that some number of other mail voters have also decided just to vote in person and not mess with that hassle now.

Two, the in person total for today is pretty close to what we had in 2018. Remember how much we freaked out about the turnout that year? I suspect in the end we’ll be pretty close, and may very well surpass it. Remember, we have a lot more voters now, so for a similar percentage of turnout the absolute total will be higher, and I also think we may have more Election Day voting, with probably more Republicans waiting till then. I’ll feel better about making pronouncements after a few days of actual voting.

I will try to post these daily, but may fall a day behind depending on how busy my evenings are. For now, this is where it is. Have you voted yet?

UH/Hobby poll: Mealer 47, Hidalgo 45

They’re the only outfit that has polled Harris County so far, so at least there’s a basis for comparison.

A new poll of Harris County voters shows that Alexandra del Moral Mealer and Lina Hidalgo are neck and neck in the race for county judge as early voting begins Monday.

Mealer, a Republican, held a slight lead over the Democratic incumbent Hidalgo, winning 47 percent of likely voters compared to Hidalgo’s 45 percent, according to the new poll from the Hobby School of Public Affairs at the University of Houston.

The margin of error in the poll, however, is 3.9 percent, and 8 percent of likely voters were still undecided. That suggests that “the county judge race in Harris County is a statistical dead heat, with del Moral Mealer and Hidalgo effectively tied in regard to the vote intention of Harris County likely voters,” the poll said.

The Hobby School conducted the poll by texting likely Harris County voters and directing them to an online survey, which 625 people filled out.

Poll results show that the county judge contest is significantly closer than the gubernatorial race in Harris County, with Democratic challenger Beto O’Rourke holding an 8-percent lead over Republican Greg Abbott.

[…]

Mealer held a 19-percent lead over Hidalgo among white voters, 56 percent of whom said they plan on voting for Mealer. The race is neck and neck among Latino voters, who favor Mealer over Hidalgo 47 percent to 44 percent, within the poll’s margin of error. Black voters overwhelmingly support Hidalgo, the poll said, by a rate of 73 percent to 17 percent.

The Hobby School also polled 350 likely voters in Precinct 4 for their opinions on the commissioner race between Jack Cagle and his Democratic challenger, Lesley Briones. Cagle, the Republican incumbent, leads Briones 40 percent to 35 percent, but 25 percent of likely voters remain undecided, the poll shows.

The poll also indicated that the county’s $1.2 billion bond proposals, supported by county Democrats and opposed by Republicans, could pass a referendum in the November election. The most popular proposal was the most expensive — a $900 million bond for road improvements, including drainage projects. It enjoyed support from 63 percent of likely voters, according to the poll.

See here for their previous poll from July, which had Hidalgo up 48-47 among likely voters, for which the poll data is here. I’ll be referring to that in a minute. The poll’s landing page is here and data for this poll is here. Note that in the early version of this story, the Chron had Cagle up 45-30, but if you look at the poll data document, it’s supposed to be 40-35. A huge number of Democrats in the poll are undecided, so there’s plenty of room for Briones to grow.

The one other sort-of poll of Harris County was the UH-TSU Texas Trends poll from September, which had Hidalgo up by 52-42 and winning Latino voters by a wide margin. This is not a direct comparison, however, because that was a smaller sample (195 voters) taken from a statewide poll. This October poll has a sample size of 625 while the July poll was from 325 voters, which meant the earlier one had a larger margin of error. Hold onto that thought for a minute.

The July poll has a slightly more Republican electorate – 43% Dem, 40% GOP, to 36-30 in this sample, with more independents in October – and basically no self-proclaimed Dems voting for Mealer. The July poll had Beto up over Abbott 51-42 among likely voters, while this one has Beto up 50-42. Assuming nothing weird with the undecided voters, this would have Beto on track for about 54% in Harris County, and we know what that means. This poll says that about 6% of Beto voters are voting for Mealer with 10% of Beto voters undecided; 95% of Abbott voters are voting for Mealer, only 1% for Hidalgo, and the rest undecided.

Taken as a whole, this would suggest that Mealer has had some success chipping away at Hidalgo’s base of support. Maybe that’s true, and if so that would be a key to her winning. I’ve expressed my skepticism about the Latino vote breakdown in these polls before, but the thing that really made me cock and eyebrow this time around was Mealer leading Hidalgo 48-43 among millennial/Gen Z voters; Hidalgo had led among this cohort 52-42 in July. These are the most Democratic voters in the state, and while this is surely a small enough subsample to make comparisons across the two polls dicey at best, I have to say, I find that unlikely. Alas, they don’t break down the Governor’s race data in the same fashion, so I can’t tell if their younger voter sub-population is weird as a whole or just weird in this way. For what it’s worth, in what is an even smaller subsample, Lesley Briones leads Jack Cagle among the younger cohort 33-32, with a bunch of undecideds. Make of that what you will.

Speaking of subsamples and margins of error, this bit from the Chron story made me grind my teeth:

The race is neck and neck among Latino voters, who favor Mealer over Hidalgo 47 percent to 44 percent, within the poll’s margin of error.

Emphasis mine. That’s not how this works. You have to calculate the margin of error for the subsample if you want to invoke it in this way, not the MoE for the entire poll. Latinos were 27% of the sample in this poll, which is about 170 voters total. The margin of error for 170 voters is about 7.5% – just google “margin of error calculator” to see for yourself. This is why you have to be extra careful with subsamples in a poll.

Houston leads the way in resettling Afghan refugees

Nicely done.

The sudden crush of thousands of Afghans who arrived in Houston last fall forced local refugee resettlement agencies to drastically expand services in a matter of weeks.

Houston’s role as the top destination for evacuated Afghans stressed these agencies, which had diminished in scope following Trump-era cuts to refugee resettlement.

But leaders for these groups say there’s an unforeseen silver lining to the logistical hurdle of resettling more than 5,500 Afghans: Refugee resettlement in Houston is back and organizations are better prepared to welcome refugees from around the world.

“That was a test,” said Ali Al Sudani, who oversaw the quick expansion of refugee resettlement at Interfaith Ministries of Greater Houston last fall. “That’s going to help us prepare for coming years.”

[…]

In the unpredictable world of refugee resettlement, organizations rely on a mix of public and private funds to maintain their programs. Agencies get money from the U.S. State Department for each new person they resettle. So when the Trump administration dropped the number of refugee arrivals to a fraction of Obama-era numbers, that funding stream largely dried up.

The Houston area has been a historic hub for refugee resettlement. During the time of these funding cuts, local agencies took a major hit, limiting their capacity to serve local refugees. Larger groups got help from the region’s deep-pocketed philanthropists. But one small Houston-area organization retained just a single staffer to handle all new arrivals; other agencies shuffled positions or didn’t replace staff when people quit.

Elsewhere in the U.S. small refugee resettlement agencies shut their doors.

Then, about a year ago, everything changed. In September 2021, planes began shuttling beleaguered Afghan families from U.S. military bases to Houston. Many were starting new lives with just a suitcase, limited or no English and still wrecked from the trauma of a violent and sudden departure from their homes.

Agencies staffed up and scaled up their operations — refugee resettlement was back.

It was a rough ride. Some frustrated Afghans waited weeks in extended stay hotels and overworked caseworkers drove pregnant mothers, who suddenly had to worry about insurance and health care costs, to doctor appointments. Social Security cards were mailed to addresses people had left.

Staff stepped up, working long hours to meet Afghan families’ needs, and faith communities, veterans, hotel owners also came together to lend a hand — one person even donated a cow that could be slaughtered according to halal guidelines. A significant boost in support could be attributed to Americans’ rare bipartisan support for this particular immigrant population, due in part to the fierce allyship of U.S. veterans who depended on Afghans during the 20-year occupation of their country.

More evacuated Afghans resettled in Houston than any other U.S. city — in fact, Houston took in more of these families than 47 U.S. states — some 5,600 evacuated Afghans. Houston became home for about half of all Afghans who resettled in Texas.

Now that early interventions — the airport pickups, the apartment placements and school enrollments — have concluded the next phase of services involves language education, career counseling and time-intensive case support to help immigrants file the paperwork to remain in the country legally.

I don’t really have anything to add here except “welcome”. It’s not that long ago that Greg Abbott was demonizing Syrian refugees, so at least we’re not going through that again. God bless all the helpers, and I wish our new neighbors the very best.

Endorsement watch: The bonds

The Chron endorses a Yes vote for the Harris County bond propositions.

The Castlewood subdivision in northeast Harris County was one of many neighborhoods blighted by Hurricane Harvey’s torrential rains. One too many floods inundated the shallow drainage ditches and cracked the asphalt streets. The well-kept character of the affordable single-family homes and small businesses frayed.

Five years later, thanks to the $2.5 billion 2018 flood control bond that Harris County voters approved, Castlewood has transformed. The asphalt roads have been replaced with fresh concrete and lowered to improve drainage. Roadside ditches were replaced with sidewalks and curbs, with an underground storm sewer.

This year, county commissioners are asking voters for another $1.2 billion bond, divided into three separate ballot referendums: $900 million for roads, drainage, and multimodal transportation; $200 million for parks; and $100 million for public safety facilities. If not for these periodic bonds, projects like the Castlewood improvements would either never happen or languish in the planning process for years until funds became available.

Every six to eight years, the county asks voters to authorize leveraging its strong credit — an AAA rating, according to Moody’s, S&P, and Fitch rating agencies — to issue debt for investments into improving county infrastructure. Some bonds are dedicated to specific types of projects — the 2018 bond that included the Castlewood improvements was put on the ballot after Harvey exposed the dire flood control needs across the county — while previous bonds, such as the 2015 $850 million infrastructure bond, were more broadly defined.

While these bonds typically get approved, many voters may be wondering why the county is once again asking them to go back to the well this year, particularly as each bond comes with a slight increase to their property tax bills. Why not fund projects through a pay-as-you-go model, such as the one that the city of Houston has for roads and drainage projects?

The reason is primarily statutory; even if the county wanted to adopt a pay-as-you-go system, it would require a change to state law. The Texas tax system essentially forces counties to use debt as the primary instrument for capital improvements. And because Harris County has a healthy cash balance and credit rating with a rapidly growing real estate market, it can borrow for cheaper than most jurisdictions.

If voters approve the 2022 bonds, each county precinct will receive a baseline of $220 million worth of funding, though some will receive more based on the “worst-first” criteria the county has adopted to prioritize projects based on the number of people they benefit.

The average homeowner would pay an additional $32 per year in property taxes for the life of the bond program — 25 years — based on estimated 2022 tax values. But voters likely won’t see that large of an increase for years, because the county continues to retire more and more debt each year. For instance, the county is spending $54 million less on debt than it did four years ago and will pay off approximately $193 million of its general obligation debt next year. And as more properties get built every year across the county, the tax burden will be spread out even further.

See here for the background. Bond issuances usually pass, and I don’t see anything to suggest these will have much trouble. There are also city of Houston bonds on the ballot, but as of Monday evening the Chron had not weighed in on them yet. I don’t know if their decision to not endorse in the non-criminal courts will carry over from the primaries to the general; if so, then those races still need their attention as well. Otherwise, I think they’re basically done.

Early voting starts today for the November 2022 election

If you feel like this election has been going on since approximately the Clinton administration, I feel you. We are officially in the home stretch now, as early voting begins today. All the information you need for Harris County is here. The basic schedule:

October 24, 2022 — 7AM – 7PM
October 25, 2022 — 7AM – 7PM
October 26, 2022 — 7AM – 7PM
October 27, 2022 — 7AM – 7PM
October 28, 2022 — 7AM – 7PM
October 29, 2022 — 7AM – 7PM
October 30, 2022 — 12PM – 7PM
October 31, 2022 — 7AM – 7PM
November 1, 2022 — 7AM – 7PM
November 2, 2022 — 7AM – 7PM
November 3, 2022 — 7AM – 10PM
November 4, 2022 — 7AM – 7PM
Election Day
November 8, 2022 — 7AM – 7PM

The voting locations are here, or here if you prefer an alphabetical listing. Note that there are always some changes from previous elections. The West End Multi-Service Center on Heights Blvd, which I had been using lately, is no longer there but the Damascus Baptist Church Fellowship Hall, on Center Street near Studemont, has subbed in, and that’s just about as convenient for me. Look before you go, check to see how long the lines are, and get out there to vote. I’ll be keeping an eye on the totals as we proceed. The Trib has more.

Charges dropped against Hervis Rogers

Good, but this whole thing was an enraging travesty and in no way makes things right.

Hervis Rogers

Voter fraud charges against Hervis Rogers, who garnered widespread attention for waiting hours in line to vote at a Houston polling location during the March 2020 presidential primary, have been dismissed.

Attorney General Ken Paxton ordered Rogers’ arrest in July 2021 on charges that he voted while on parole. Over a year later, after the Texas Court of Criminal Appeals reiterated that the attorney general doesn’t have the ability to unilaterally prosecute election crimes, a district court judge has dropped the two counts of illegal voting against Rogers.

“I am thankful that justice has been done,” Rogers said in a statement.

Rogers is over 60 years old, so a conviction could have resulted in what amounted to a life sentence.

“It has been horrible to go through this, and I am so glad my case is over. I look forward to being able to get back to my life,” he added in the statement.

See here for the background. As a reminder, Hervis Rogers was initially jailed on a $100,000 bond – which is higher than what is often assessed on murder suspects – in Montgomery County. Not Harris County, where he voted, but Montgomery because Ken Paxton figured he’d have a better shot at conviction there. Literally everything about this was wrong, and it’s only because the Court of Criminal Appeals actually applied the state constitution that an even larger miscarriage of justice was avoided. Now if there were justice, Hervis Rogers would be able to sue not only the state of Texas but Ken Paxton personally for the needless suffering inflicted on him. None of that is going to happen, but the one thing we can do is vote Ken Paxton out of office, and never give him the chance to do this to someone else. The Chron has more.

Endorsement watch: Briones, Garcia, Garza

The Chron attempts to make some amends for their tortured endorsement of Judge Lina Hidalgo’s opponent by endorsing Lesley Briones for Commissioners Court in Precinct 4 over the incumbent Commissioner Jack Cagle.

Lesley Briones

What do we want out of county government? Public safety. Roads. Flood control. The traditional core services of Commissioners Court must be carried out with integrity, focus and competency. But we also want more, particularly in a county where double-digit gaps in life expectancy exist between some neighborhoods. We think we can do better and we think can do both.

So does Lesley Briones, who represents the “yes and” candidate for Precinct 4.

Originally from Laredo, she became a lawyer and worked in litigation and tax law before eventually serving as a civil court judge here. Briones, 42, is bilingual and one of the few candidates we’ve seen whose website has a Spanish-language page.

Thanks to her professional experience, she has a good grasp of the nuances of the crime problem, many of which are particular to Harris County. She favors misdemeanor bail reform but also, as a crime victim herself, expressed an urgency during the Democratic primaries and, now, in the general election to addressing violent crime through smart, targeted efforts. She supports, for example, the micro-zone approach launched last year. And she noted that calls for more boots on the ground — a key platform among Republican candidates in local races this year — need to contend with the already funded but vacant positions in law enforcement agencies.

And while she has detailed plans for the basic services county government must provide, she is also supportive of the quality-of-life efforts we believe county government should pursue. Many of these, she said, can be aided through more strategic grant applications and philanthropic partnerships.

This kind of robust vision for county that doesn’t skimp on the core services but wants to leave things better than it found them is even more appealing because she promises to deliver it without partisan politics.

The incumbent has struggled to do that as of late.

Much of the rest is about Cagle’s failures, though they have more nice things to say about Briones at the end. They give Cagle no inch on his budget-preventing quorum breaking, noting how Cagle’s actions stand in contrast with his previous words. I’m never going to not be mad about their County Judge endorsement, but at least they got this right. My interview with Lesley Briones from the primary is here if you want to know more about her.

Over in Precinct 2, they endorse Commissioner Adrian Garcia for another term.

Adrian Garcia

To hear Adrian Garcia tell it, his first four years as a Harris County commissioner were a repudiation of his predecessor, Jack Morman.

Garcia, a Democrat, likes to say that he brought Precinct 2 — which encompasses Aldine and Northside, along with much of east Harris County, including Galena Park, Deer Park, Pasadena, La Porte and Baytown — “out of the stone age.”

Garcia claimed Morman, a Republican now running to reclaim his old seat, was tracking the precinct’s infrastructure projects in a red notebook with pencil and paper. Lower-income neighborhoods that Garcia claims were long neglected under Morman are safer, healthier and more vibrant with better sidewalks, hike-and-bike trails and parks. Parts of the county that for years were acutely vulnerable to flooding would now have first dibs on flood mitigation projects.

That narrative of rebalanced priorities certainly benefits Garcia politically; it also has some truth to it. Garcia, 61, former Houston police officer, city councilman and Harris County sheriff, has delivered on a number of the issues he ran on in 2018, from criminal justice reform to environmental justice to health care. Few would argue that his precinct is worse off than when he took office, and in some corners it is markedly better.

[…]

No, Garcia isn’t perfect. But even his detractors would acknowledge that he’s been effective. Morman’s personal style may be more agreeable, but his vision for the office lacks ambition. We want a county commissioner who will continue to use the levers of power to make their constituents’ lives tangibly better beyond fixing potholes and digging drainage ditches.

Voters should send Garcia back to Commissioners Court for another term.

I’ve seen more ringing endorsements, but I’ll take it. The editorial board really has a burr in their saddle about the redistricting of Commissioners Court, for which they ding Garcia, and I just have no patience with the argument that Democrats need to be angels about that while Republicans are actively working to completely repeal the Voting Rights Act. When the Legislature, and Congressional Republicans, and especially the cabal on SCOTUS, make even a small step in the direction of actual fairness and equity and racial equality, then I’ll be willing to hear those complaints. Until then, please spare me. My interview with Commissioner Garcia is here.

The third spoke in the Sunday trifecta is Rochelle Garza for Attorney General, because no decent person supports a repeat and unredeemed criminal for elected office.

Rochelle Garza

Rochelle Garza, Democratic candidate for attorney general, may or not enjoy a good joke. Although we see her smiling and laughing in photos and newsreels, we didn’t ask her that question when she visited with the Chronicle editorial board a few days ago. If she happens to be a connoisseur of jokes, we have one she might appreciate:

A lawyer walks into the HR department of a major law firm. Filling out a job application, he includes the following information on his resumé:

Under felony indictment since 2015 on securities fraud charges; trial postponed repeatedly (although under order from a judge to sit for a deposition in the case next month)*** Under FBI investigation for assisting a real estate developer who allegedly hired a woman with whom he, the applicant, was having an extra-marital affair*** Is being sued by four former top aides in the office he now heads; they claim they were fired in violation of the state’s whistleblower protection law for reporting their boss’ potential crimes to the FBI*** Instigated a frivolous lawsuit seeking to throw out 2020 presidential election votes in states where he did not reside or represent; court laughter ensued*** Faces court sanctions from the state ethics association for peddling false claims about 2020 voter fraud*** Was warm-up act for former President Donald Trump’s Jan. 6, 2021,“Stop the Steal” rally*** Recently headed major investigation into human trafficking and child sexual assault; rank incompetence wrecked investigation*** Vacancies abound in his sprawling office; can’t seem to find attorneys eager to work for him.

A job applicant with such a resume would be laughed out of any law firm in the land, any corporation with a legal department, any government agency. We Texans, though, have elected such a man as our attorney general — not once, but twice and some among us want to make it three times. Ken Paxton is his name. As long as he remains in office, the joke’s on us.

You get the idea. My interview with Rochelle Garza is here. You know what to do.

Also in the endorsement bucket: Ginny Brown Daniel for HD150 over her wingnut incumbent opponent, and Sen. Joan Huffman for re-election in SD17. Note what they say about Huffman’s role in redistricting at the state level this cycle, and compare it to their words about redistricting in Harris County. See what I mean?

Weekend link dump for October 23

Disbar them all.

“I believe the House Jan. 6 committee’s legacy will depend on how its in-depth rendering of the events surrounding the 2020 election and the ensuing insurrection is presented, repeated and understood by successive generations of Americans.”

The full impact of voter ID laws on trans people and others remains difficult to measure. But voting rights advocates say potential voters across the country face an uneven patchwork of policies — and obstacles.”

Lock him up.

“So, yes, Tuberville is a flat-out racist. We knew this. Been knowing it. Saying that isn’t even controversial anymore. But there’s an even larger story here. Tuberville spent decades as a college coach, both at the University of Mississippi and Auburn. How many college football coaches are like Tuberville? How many do what he apparently did: make millions off the labor of Black athletes while apparently hiding their disdain for those same Black people?”

“NBC News found one example of a school district keeping cat litter on campus. The Jefferson County School District has had classrooms with cat litter since 2017, in case students are locked in a classroom during a shooting. Jefferson County is where Columbine is located.”

Maybe the Cartoon Network isn’t quite dead yet.

Wishing Dikembe Mutombo all of the best.

RIP, Jim McDivitt, NASA astronaut who led Apollo and Gemini missions.

Lock him up. Like, for way longer than that.

“After a February 25, 2020, CDC telebriefing ‘angered’ President Trump, the White House wrested control of coronavirus communications away from CDC and mandated on February 26 that all media requests related to the pandemic be approved by the Office of the Vice President prior to release”.

The misogyny-to-fascism pipeline.

RIP, Charley Trippi, NFL and College Football Hall of Famer who had over 1000 yards rushing, receiving, and passing in his career. He played on the last Cardinals team to win an NFL championship, in 1947.

Lock him up for longer than that.

Make him testify.

“Biden administration officials are discussing whether the US should subject some of Elon Musk’s ventures to national security reviews, including the deal for Twitter Inc. and SpaceX’s Starlink satellite network, according to people familiar with the matter.” Yes, yes they should.

RIP, Daniel R. Smith, one of the last surviving children of a formerly enslaved American.

Of course voters of color has more mail ballots rejected

Water is wet, the sun rises in the east, voter suppression laws disproportionately affect voters of color.

Alice Yi of Austin is frustrated when she thinks about the March primary election, when her 92-year-old father tried to vote by mail, as he had many times before, but couldn’t.

He could not remember what identification number he used to register to vote more than 30 years ago, she said. When he sent in his ballot application with the last four digits of his Social Security number, a rejection letter from the elections office said that number was not on file. Another letter later said her father, who is legally blind in one eye, failed to fill out other details, such as specifying which ballot he needed.

By the third attempt, Yi, his caregiver, worried her father’s application would not make it before the deadline and he would be unable to cast a ballot. So she took him to vote in person, for the first time in years.

Yi’s father was just one of thousands of Texans who attempted to vote by mail in the March primary, but collided with the Texas’ GOP restrictive 2021 voting law, known as Senate Bill 1. When voting by mail, the new law requires voters to write their driver’s license, personal identification number, or the last four digits of their Social Security number on their mail ballot application and mail ballot envelope — whichever number they originally used to register.

In fact, the mail-in applications and ballots of Asian, Latino, and Black Texans were rejected because of the new ID requirement at much higher rates than those of white voters, according to a study released Thursday by the Brennan Center for Justice, a nonpartisan law and policy institute. The office of the secretary of state declined to comment on the findings, citing pending litigation over SB 1.

Although researchers couldn’t determine the exact cause of the disparities, experts and advocates say that in addition to the voting law’s restrictions, existing factors rooted in systemic racism, such as lack of resources in their native language and other socioeconomic barriers, likely played a role in the high rejection rates.

In the March primary, 12,000 absentee ballot applications and more than 24,000 mail ballots were rejected, leading to a 12% rejection rate statewide. That represented a significant increase compared to previous years. For example, the rejection rate for the 2020 presidential election was 1%.

The study shows the rejection rate was highest for Asian voters, who were about 40% more likely to have their absentee ballot application rejected than white voters.

The study also shows that Asian and Latino voters were each more than 50% more likely than white voters to have a ballot rejected due to a problem meeting SB 1’s new requirements.

Overall, 19% of Asian voters had either their application or their mail ballot rejected due to SB1’s provisions, followed by 16.6% of Black voters and 16.1% of Latino voters. For white voters, it was 12%.

“This shows that even if you successfully applied to vote by mail, you still weren’t out of the woods, you still might have your ballot rejected,” said Kevin Morris, a researcher with the Brennan Center for Justice and one of the authors of the study. “And not only do we see this gauntlet effect happening, we see that there are big racial discrepancies in whose applications and whose ballots are rejected.”

[…]

Absentee ballot rejection rates have been lower in Texas’s smaller elections since the March primary. The mail ballot rejection rate was at 5% for the May 7 Constitutional Amendment election, according to the secretary of state’s office. For the May 24 primary runoff elections, the statewide mail ballot rejection rate across both the Republican and Democratic primaries was 3.9%. Both of those elections, however, drew only a fraction of the voters who cast ballots in the primary.

Efforts made by local election officials across Texas counties contributed to the decrease in rejections.

The study, which has some limitations that are noted in the story, is new but its findings are no surprise. I’ve said before that I’m hopeful that the error rate will continue to fall, mostly thanks to the overburdened but very hard working local officials who have done all the work to make that rejection rate go down. I’ve also now had the experience of navigating this with my elder daughter, who is voting by mail from college. I’ll be keeping track of its progress on the Harris County elections webpage. She has a couple of friends who are in college in Texas but outside the county, and I’ve advised her to tell them to just drive in and vote in person during the EV period. It’s kind of crazy, but that’s the less risky option. Hopefully that will not be the case someday.

Reading and writing and DNA kits…

I dunno, man. I just don’t know.

Texas public school systems are set to distribute DNA and fingerprint identification kits for K-8 students to parents who wish to participate.

The state Legislature passed a law in spring 2021 requiring the Texas Education Agency to give inkless in-home fingerprint and DNA identification cards to each public school system in Texas. The kits will be made available at each primary-level campus. The cards are intended to be kept by guardians who can give them to law enforcement in order to potentially help find missing or trafficked children.

In the Houston Independent School District, the largest in the state, kit distribution will begin this week.

“Caregivers are under no obligation to use the kits, but they must be informed by your institution that the available kits will allow them to have a set of their child’s fingerprints and DNA in that they can turn over to law enforcement in case of an emergency,” reads a letter to recently sent to all HISD principals.

Other districts, such as Clear Creek ISD, have already begun to notify parents that the kits are available.

Some families have found the program chilling, considering that police asked parents waiting to find out if their children were slaughtered at Robb Elementary on May 24 to provide DNA samples to help identify the dead.

“When you put it in the light of Uvalde, it’s one of the most macabre things you could think about,” said Bob Sanborn, president of the nonprofit Children at Risk.

Kenneth S. Trump, a national school security consultant, said there may be a value in providing the kits to parents, but said the proximity and timing of the distribution may ring alarm bells for parents and children still reeling from the news of Uvalde.

“On one hand, I see the value in saying, ‘Here’s a tool you can have in case of potential threats,’ ” he said. “But I think we need to be very cautious about crossing the line of do no harm to the point where we are creating more anxiety.”

Messaging from administrators should be clear that the kits are intended to be an extra available resource for parents and guardians in case their children go missing, Trump said.

“Even if it’s about human trafficking or other risks, we need to communicate what is the probability of these events so it’s not creating fear and anxiety suggesting kids are in imminent danger in school,” he said.

I don’t really have much to add to what Messrs. Sanborn and Trump said. I get the reasoning behind that law. It makes sense, though I’d have a lot of questions about data privacy if either of my kids were still in elementary school and could receive one of those kits. But man, thinking about it at all is depressing as hell. I don’t know what else to say.