Why stealth campaigns can work

Here’s the Chron story about the HCC Trustee election results. See if you can spot what’s missing.

A total of 13 candidates, including the four incumbents, vied for the five open seats on the nine-member board. Many ran on a platform that called for more transparency, a stronger ethics policy and hiring a new chancellor who can move the institution forward.

The candidates agreed HCC is an asset to the community. As one of the nation’s largest community college systems with 75,000 students, HCC plays a critical role in producing skilled employees and degree holders who are prepared to enter the workforce, they said.

The HCC board has been dysfunctional, and some board members have engaged in unethical practices by awarding contracts to relatives, friends and political allies in recent years, damaging the community’s trust, said many candidates. They vowed to restore that trust.

In the District 1 race, incumbent Yolanda Navarro Flores was headed for a runoff against Zeph Capo, based on final unofficial results. Flores, who was censured by the board for unethical behavior in 2011, could not be reached for comment Tuesday.

District 2 incumbent Bruce Austin, first elected in 1989, narrowly lost to small-business owner Dave Wilson. Austin, 60, had said the district has to work on ways to get students to graduate on time and to improve developmental education. Transparency is also an issue, he had said, noting that the board requires ethics training for board candidates.

So a 24-year incumbent gets ousted in a race decided by 26 votes, and what do we learn about his victorious opponent? Just that he’s a “small-business owner”. Not that he’s a notorious, longtime anti-gay activist who ran against Mayor Parker in 2011 and is currently embroiled in a legal battle against the Harris County Democratic Party over his attempts to run for County Commissioner while claiming his business address as his residence. Not the fact that he meddled in the HCC 1 race by sending one of his patented attack mailers, sliming Zeph Capo and Kevin Hoffman for being gay. Not the fact that the mail he sent on his own behalf would make you think he himself was African-American, which he is not. Just, you know, a “small-business owner”. Nothing to see here, folks.

Barring anything strange from the provisional and overseas ballots, we appear to be stuck with this asshole for the next six years. I call on all the other Trustees to do everything they can within the rules to marginalize him and prevent him from doing any damage to the HCC system or its students. I also remind everyone that while Wilson might have snuck into office, you can at least help oust the incumbent candidate he tried to help. If you live in HCC 1 – and if you’re not sure, check your voter registration card now or go to the Tax Assessor webpage to find out – be sure to show up in December and vote for Zeph Capo against Yolanda Navarro Flores. Because these races do matter, and bad things can happen when we’re not paying attention.

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Texas Supreme Court hears gay divorce case

Seems like a slam dunk to me, but who knows what our Supreme Court will do.

RedEquality

Two same-sex couples who were legally married in Massachusetts urged the state Supreme Court on Tuesday to allow them to get divorced in Texas.

But a lawyer for Attorney General Greg Abbott said allowing same-sex couples to divorce would violate the state’s ban on gay marriage, which prohibits any official act that would recognize or validate such a union.

“Under the Texas Constitution and the Texas Family Code, all same-sex marriages are void and unenforceable for any reason, including divorce, regardless of where the marriage was created,” deputy attorney general James Blacklock told the court during oral arguments Tuesday morning.

While they cannot divorce, same-sex couples can still legally separate in Texas by asking a judge to declare their marriage void, Blacklock said.

James Scheske, a lawyer for the couples, told the court that voiding a marriage would create a legal fiction because the process declares that the union never legally existed — telling other states, in essence, that the marriage they recognize as legal in fact never legally existed.

In a question echoed by several other members of the court, Justice Don Willett asked how a same-sex union could be dissolved without the court recognizing the marriage as valid, in violation of state law.

The state’s law banning same-sex marriage should not be construed to apply to divorce, Scheske replied.

“Marriage and divorce are separate and opposite from each other,” he said. “None of that has anything to do with divorce. That all relates to marriage.”

If, however, the state’s ban on same-sex marriage is used to deny his clients the right to petition for divorce, then there is a constitutional problem, Scheske said.

“Forcing a targeted group of citizens into a separate and unequal court procedure is never constitutional, and that’s what happens here,” he said.

See here for a recitation of the history. Like I said, the plaintiffs’ argument seems clear and compelling to me. As noted in the Texas Politics report, the state is basically seeking to override the marriage laws elsewhere in the country. That’s not at all the same thing as banning same-sex marriages inside Texas. The Observer goes into more detail.

Abbott’s position is that the only legally valid way for a same-sex couple to end their marriage in Texas is to void it. Unlike a divorce, voiding a marriage nullifies it from its inception—legally, it’s as if the marriage never took place. In Texas, marriages between blood relatives or with a married individual are legally void. Thus, Abbott would have Texas treat same-sex marriage on par with a marriage involving bigamy or incest. The problem with this position is not just that it demeans the relationship (intentionally, no doubt).

Marriage creates rights and obligations with respect to each other’s property and person. Unlike divorce, voiding the marriage does not provide a wholesale remedy for separation, precluding the couple from fully disentangling from each other’s lives and starting anew. For example, while the couple’s marriage may be void in Texas, they could continue to accrue debt and property as a couple in the state in which they married. Perhaps more important than property rights, without divorce individuals may not be able to re-marry. One Texas court explained that to deny divorce is to place the couple “in a prison from which there was no parole.”

Voiding marriages is not unprecedented in Texas. However, as Abbott acknowledges, voiding a marriage does not provide the same “robust protections” as divorce. Abbott would treat divorce as a special right of marriage reserved only for heterosexual couples. And, yet, as much as Texas may wish to close its eyes to same-sex marriage, the marital relationship is still a legal fact. The couple is legally married according to the laws of many states and the federal government, and therefore, subject to numerous legal rights and responsibilities related to marriage.

Though Texas may wish to ignore it, married same-sex couples are entangled in much the same way as other married couples and, thus, the “robust protections” of divorce are a practical necessity in order to adequately dissolve the marriage. Without this, the couples’ lives may remain inextricably bound, creating a multitude of unforeseen problems in the long term—problems that will inevitably require courts and lawyers to resolve.

And I’m sure Greg Abbott’s plan as Governor to deal with that would be to pass laws restricting access to the courts for such people. You know, in the name of limiting “frivolous” lawsuits. This is where a strategy of burying one’s head in the sand tends to lead. Now we just wait for the Supremes to issue their ruling, which will take some number of months. Trail Blazers has more.

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Texas blog roundup for the week of November 4

The Texas Progressive Alliance falls back once a year but is ever moving forward as it brings you this week’s roundup.

Continue reading

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Election results: Houston

Mayor Annise Parker

Mayor Annise Parker

Mayor Annise Parker easily won re-election, collecting over 57% of the vote in Harris County to beat Ben Hall by nearly thirty points, and far exceeding the expectations of most observers going into Election Day. I personally thought she had a decent chance of avoiding a runoff, but I wasn’t willing to commit to more than that, and I figured 55% was her ceiling. Good on her for such a strong win, which not only ought to wipe out any lingering talk about her unimpressive win in 2011 but also reinforces my belief, which I have said here several times, that she would be tougher to beat this time around. I’ll do a deeper look at the race once I have precinct data, but a peek at the Fort Bend County results suggests one reason for Parker’s dominant win: She managed a respectable showing among African-American voters. Ben Hall took 62% of the vote in Fort Bend. By comparison, Ronald Green won 89% there, and Brad Bradford coasted with 92%.

Speaking of Ronald Green, he won a much closer race, with about 51.7% of the vote after Fort Bend is added in. This was in line with my expectations for the race – I figured Green would win, but it would be close. I don’t know what his thoughts are for 2015, but I think it’s safe to say he’s probably not the frontrunner for Mayor.

In the At Large races, Stephen Costello, Brad Bradford, and Jack Christie all won easily, while Andrew Burks trailed David Robinson as the two head for a runoff. Going back to the Fort Bend results, Burks managed only 54.5% of the vote there. He could be in real trouble in December. In At Large #3, Michael Kubosh led the field with 28% in Harris and a 42% plurality in Fort Bend. He will square off against Roy Morales, who snuck his way into the runoff ahead of Jenifer Pool and Rogene Calvert, who had about the same number of votes each. The four Democratic candidates combined for 54% of the vote in this race, but the distribution was sufficiently tight that it allowed the two Republicans to finish in the money, not unlike District C in 2005. It will be fascinating to see how this one plays out in December.

While there were some mild surprises among these results, there were two truly shocking finishes. One was in District F, where little known challenger Richard Nguyen knocked off two-term incumbent Al Hoang by a 52-48 margin. That one counts as an even bigger surprise than Helena Brown’s win in 2011. Speaking of CM Brown, she will be headed to a runoff rematch against Brenda Stardig, leading by a 38-29 margin with Mike Knox coming in third at a shade under 20%. For what it’s worth, Brown led Stardig 47-41 after the November vote two years ago. Jerry Davis won in B, Dwight Boykins collected over 40% in D and will face off against Georgia Provost, and Graci Garces led the field of four in District I, with Robert Gallegos clinging to a 20-vote lead on Ben Mendez for the second slot.

The HISD races went according to script, with Anna Eastman and Wanda Adams winning big, with Harvin Moore claiming a closer victory. Unfortunately, the other shocker was in HCC 2, where hatemonger Dave Wilson was leading incumbent Bruce Austin by 26 votes. I can’t begin to say how catastrophically terrible that result is if it stands. Remember, HCC Trustees serve for six years. Dave Wilson is a terrible person who has no business being on any elected body, and he has zero qualifications for this job. He’s been running for various things lately just to be a pain in the ass, and it looks like this time in a low information, low turnout race, he managed to win. I’m so upset about this I’m almost unable to talk about it. I’m thoroughly disgusted by this election. Every time I’m asked to speak about elections, I talk about how HCC races are important but always overlooked. This is why.

In the other HCC races, Neeta Sane was re-elected in a squeaker. She lost Harris County by 300 votes but won Fort Bend by 900. All other races are headed to runoffs – Robert Glaser narrowly missed a majority vote in HCC 5 and will go up against Phil Kunetka; appointee Herlinda Garcia trailed Adriana Tamez in HCC 3; and Yolanda Navarro Flores, who benefited from Dave Wilson’s hatred, will face Zeph Capo. Please check and see if you live in HCC 1, because if you do you really need to show up in December and vote for Zeph.

One last word on the Houston races for now: Turnout was over 175,000 total votes, which approaches 2009 levels. Despite my oft-stated belief that this would be the year that the majority of the votes would be cast before Election Day, thus making odd-year elections more like the even-year elections, that didn’t happen – there were about 94,000 Election Day votes in Harris County, and about 80,000 early and absentee votes. A bigger slice was early, but not the lion’s share just yet.

I will write about results from other races in the next post.

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Election results: Harris County

The big story: RIP, Astrodome.

We still have the memories

A $217 million bond measure to fund a massive Astrodome renovation failed by several percentage points, a decision expected to doom it to the wrecking ball.

Proposition 2 would have allowed Harris County to issue up to $217 million in bonds to turn the beloved but bedraggled stadium into a massive event and exhibition center.

County commissioners have said they would recommend the wrecking ball if the bond failed.

“We’re going to have to do something quick,” County Judge Ed Emmett said afterward. “We can’t allow the once-proud dome to sit like a rusting ship in the middle of a parking lot.”

He called it “an interesting evening to say the least” and added, “We have an electorate that is for whatever reason anti-bond.”

The news came as a blow to representatives of the National Trust for Historic Preservation.

“There’s no disputing this building is an icon,” said the Trust’s Beth Wiedower. “Its legacy will live on even if it doesn’t. It seems like it’s fate is sealed obviously we are disappointed in the outcome.”

I voted for the Dome, and I’m sad to see it end this way. I saw a lot of mourning about this on Facebook and Twitter last night. I wonder how many of those folks were Harris County residents, and how many of them voted. I will be very interested to see what the precinct data says about this one.

Thankfully, the joint inmate processing center passed, though by a very close margin. My theory on the Astrodome was that in the end, this effort came too late. I think too many people had become cynical about the whole thing, and perhaps the somewhat staid New Dome proposal, chosen over a number of imaginative but fanciful alternatives, turned people off. I’m just guessing here. The pro-Dome campaign wasn’t particularly high-visibility, either, and that probably didn’t help. Like it or not, the people have spoken.

The Pasadena power-grab redistricting plan was passed in a squeaker as well, 3290 to 3203, with the No vote carrying Election Day, just not quite by enough. There were three other Pasadena proposals on the ballot, and they all passed with 64% or more of the vote. Expect the lawsuit against this to be filed any day.

Finally, in a race I paid only passing attention to, voters in Katy ISD rejected a $69 million bond proposal that included a massive new stadium by a solid 55-45 margin. I had no opinion on that one, but as an AP wire story I spotted on the Chron website said, it was a bad day for stadiums yesterday.

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PPP: Abbott leads Davis, 50-35

The polls giveth, and the polls taketh away.

Sen. Wendy Davis

Sen. Wendy Davis

PPP’s newest poll of next year’s race for Governor of Texas finds Republican Greg Abbott expanding his lead over Democrat Wendy Davis. Abbott now has a 15 point advantage at 50/35. That’s up a good amount from our last poll, conducted the week of Davis’ famous filibuster, when Abbott led just 48/40. But it’s pretty comparable to what we found in January when he had a 46/34 lead.

As Davis has become better known to Texans, her negatives have risen. 36% of voters have a favorable opinion of her to 42% with an unfavorable one. In June it was a positive 39/29 spread, meaning she’s dropped a net 16 points since then. Voters are kind of indifferent toward Abbott, with 35% rating him favorably, 32% unfavorably, and 33% not having an opinion either way. For the most part though if you’re a Republican in Texas who voters don’t hate, you’re going to be in pretty decent shape.

For a Democrat to win in Texas they need to do 2 things: win independents by a decent sized margin, and get double digit crossover support from Republicans. Right now Davis is falling short on both of those fronts. With independents she’s managing only a tie at 44%. And she’s winning over only 6% of Republicans, far less than the share of Democrats who say right now that they lean toward Abbott. Of course she has a year to try to change that.

[…]

There is some good news for Davis within the poll. Voters narrowly oppose the abortion law that put her in the spotlight, 40/41, including 37/48 opposition among independent voters. Concern that she may have difficulty in the election because she’s seen as too liberal on that particular issue may not be warranted.

We also looked at the race for Lieutenant Governor on this poll, and that one is within single digits. Incumbent Republican David Dewhurst is at 46% to 37% for potential Democratic challenger Leticia Van de Putte.

Full poll results are here, and as noted when I discussed the UT/TT poll that showed a five-point race, PPP previously had Abbott over Davis 48-40 in July, shortly after the famous filibuster, and Abbott over Davis 46-34 in January. As far as this poll goes, there are two things that stand out to me:

– In PPP’s sample, Abbott does much better among Dems than Davis does among Rs. Davis leads among Dems 65-18, while Abbott leads among Rs 81-6. The numbers for Van de Putte versus Dewhurst are 71-11 for VdP among Ds, 80-7 for the Dew among Rs. I see this as an outlier, because I just don’t see Davis losing such a big chunk of Democratic support.

– Along similar lines, Abbott actually leads Davis among Hispanics, 43-38, while VdP leads Dew 51-28. Even more weird, when they polled a three-way race with Medina, Abbott lost Hispanic support while Davis gained it – she led 44-40, with Medina getting 10 percent. Again, this says to me this is a strange sample, because I can’t think of a good reason for that. I know Abbott is wooing Latino voters, mostly with a message that is likely to turn them off, but it is not something Davis can ignore or take for granted. Still, I see this as basically small sample size weirdness.

Anyway. The one thing I do know is that it cannot be the case that both PPP and UT/TT are right. They could both be wrong, but at least one of them must be. What’s even more odd about all this is that PPP tends to have a Democratic lean while the UT/TT polls tend to underestimate Democratic support. If the numbers for each had been reversed, we would have all shrugged it off as stuff we’d seen before. Let’s just let this be a lesson for now in not getting too excited or depressed by a single poll result. Texpatriate has more.

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Election results: Texas

Short and sweet: All nine constitutional amendments passed, all by substantial margins. Here’s The Observer on Prop 6.

The Texas Water Development Board will now oversee a $2 billion water bank, seeded with capital from the Rainy Day Fund, to help pay for water supply projects and water conservation across the state. The large margin of victory is testimony to the growing public awareness of the state’s serious water problems. (And so much for those silly predictions that “the rain” would dampen enthusiasm at the polls.)

Boosters, including many of the industrial interests that have the most to lose from water scarcity, did a good job positioning Prop 6 as the solution. The message was basically, “Want to do something about our water problems? Here’s the solution. Got a better idea?”

I did notice that a few rural East Texas counties posted large margins against Prop 6. Of course, that’s where the water is and the people aren’t. It’s not unreasonable for East Texans to worry that a multi-billion-dollar water bank will fund projects to move water from east to west. Indeed, they need only look at Dallas’ official plans. In Red River County, where the long-contested Marvin Nichols Reservoir is proposed, the vote on Prop 6 was 57 percent opposed to 43 percent in favor.

Gov. Rick Perry hailed Prop 6’s passage. “Today, the people of Texas made history, ensuring we’ll have the water we need to grow and thrive for the next five decades, without raising state taxes.”

Most large environmental groups supported Prop 6, in large part because of a target that at least 20 percent of the funding from the state water bank will go toward conservation and water reuse projects. Ken Kramer, the former director of the Lone Star Chapter of the Sierra Club, was instrumental in lining up the conservation earmark and was one of the most persuasive voices in favor of Prop 6. He celebrated the victory tonight but sounded a note of caution too.

“Now the real work begins,” Kramer said in a statement. “Texans need to become actively involved in regional water planning and in local government water supply decisions to make sure that the potential for Prop 6 to advance water conservation and enhance water planning is achieved.”

That more or less sums it up for me. See here for more about the other amendments, if you’ve already forgotten what they are.

The only other result of interest is the special election in HD50 to fill out the remainder of former Rep. Mark Strama’s term.

Republican Mike VanDeWalle and Democrat Celia Israel advanced to a runoff Tuesday in the race to replace state Rep. Mark Strama in the Texas House.

Incomplete returns showed VanDeWalle with nearly 39 percent to Democrat Celia Israel’s 32 percent. Democrats Jade Chang Sheppard and Rico Reyes were far behind in the Democrat-leaning district that covers parts of North Austin and eastern Travis County.

Celia Israel is backed by the Victory Fund and would join Rep. Mary Gonzalez as the second LGBT member of the Legislature if she wins. Of course, even if she survives the runoff she would still have to win a Democratic primary in March and then the 2014 general election. Regardless, I’ll be rooting for her in December.

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UT/TT poll has Davis trailing Abbott by five

I know today is Election Day 2013, but for better or worse much of the attention lately has been about the 2014 elections. Filing season begins later this week, and we now have a new poll result suggesting that the Governor’s race starts out as a close one.

Attorney General Greg Abbott, the leading candidate for the Republican nomination for Texas governor, holds a single-digit lead over the likely Democratic nominee, state Sen. Wendy Davis of Fort Worth, according to the latest University of Texas/Texas Tribune Poll.

In a head-to-head race, Abbott got 40 percent of registered voters to Davis’ 34 percent, with 25 percent of the voters undecided. In a three-way general election, he would get 40 percent, Davis would get 35 percent and Libertarian Kathie Glass would get 5 percent.

“What you’ve got is a race in which, for the first time in a long time, the Democrat is as well-known as the Republican at the outset of the race,” said poll co-director Daron Shaw, a professor of government at the University of Texas at Austin.

“These numbers are not evidence that the underlying fundamentals are changing in Texas,” said Jim Henson, who co-directs the poll and heads the Texas Politics Project at UT-Austin. “We have not seen a big change in party identification, and we don’t see any large-scale shifts in the underlying attitudes that are forming.”

[…]

Davis holds a lead over [Tom] Pauken in a potential head-to-head race, according to the survey, getting 38 percent to his 34 percent, with 28 percent undecided. When Glass was added to that mix, Davis got 36 percent, Pauken 33 percent and Glass 6 percent, with 25 percent undecided.

The poll methodology is here and the summary is here. I believe this is the first venture by UT and the Trib into the Governor’s race. Public Policy Polling will be doing Texas this week, so we’ll have another result to compare this to. PPP had done earlier polls involving both Abbott and Rick Perry against a variety of potential candidates; PPP had Abbott over Davis 48-40 in July, shortly after the famous filibuster, and Abbott over Davis 46-34 in January. We’ll see what they have this time.

A couple of things are clear. One is that unlike previous elections, this one starts out with two candidates that are about as well known as the other. One wonders when Abbott will start dipping into his gazillions of dollars to start blanketing the airwaves with positive messages about himself and negative ones about Davis. For her part, Davis can jump in anytime and start running issue ads herself. She probably doesn’t need as much of an introduction as Abbott does, which is more than a little weird when you think about it. The situation overall is pretty fluid, with Abbott having a few points’ partisan advantage, but not enough of one to feel comfortable.

Obviously, this is a decent result for a lot of reasons, but let me play the wet blanket here for a minute and stomp down on some excessive exuberance.

Do you wanna know when was the last time a Democrat in Texas started within single digits? I don’t know either so it had to be while the earth was cooling.

Actually, the last time a Democrat in Texas was within single digits in the Governor’s race was 2010. PPP had Bill White tied with Rick Perry in June 2010, and trailing 48-42 in February. Rasmussen had Perry over White 49-43 in March, right after the primary, and up 50-40 in January, which was the first poll for that race. Yes, that was a two-digit lead, but still. For many reasons, I don’t believe 2014 will be like 2010, I just want to point out that we have seen encouraging poll results before. Let’s not believe we’ve won anything just yet.

Again, this is a decent result, but it’s just one result and it’s early. We’ll need to keep an eye on the trend, and see if Davis can make gains. In particular, we need to see if she can get past 42 or 43 percent, regardless of what that makes the difference between her and Abbott. I don’t think I’ve seen any Dem top 44% in a poll in the last decade. That will be the test.

There were other races polled as well, mostly Republican primary races.

Davis is the only Democrat in the race right now, but Abbott faces a five-candidate Republican primary. According to the poll, he would win that primary race handily: Half of the Republicans polled said they would vote for Abbott. His opponents — Lisa Fritsch, Tom Pauken, Miriam Martinez and Larry Kilgore — combined for only 8 percent, while 42 percent said they haven’t decided how they would vote in the GOP primary.

[…]

“I’m a little surprised that Pauken is so nowhere,” Shaw said. “I thought he would be the main challenger, and he may well be, but there’s nothing in the data to suggest that.”

I didn’t think much of this, but via PDiddie, I see that Harvey Kronberg did think it was.

The stunner in today’s Texas Tribune poll was not that Wendy Davis is within shouting distance of Greg Abbott in a general election, but that with all his money and name ID among Republican primary voters, he just hits 50%. One wobble and he could be in an unpredictable and volatile runoff where anything could happen.

Honestly, I wouldn’t read that much into it. It’s known Abbott isn’t universally known even among Republicans. But look, he’s at 50%, and his opponents don’t even add up to five. I don’t see him as being in any danger of a runoff, unlike David Dewhurst or Big John Cornyn, who couldn’t crack 40% even without the wingnut David Barton in the race. Cornyn’s been busy campaigning already; I wouldn’t let up if I were him. BOR, Texpatriate, Texas Leftist, and Burka have more.

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Abortion providers petition SCOTUS for injunction review

We’ll see what happens.

Abortion providers on Monday asked the U.S. Supreme Court to reinstate a lower federal court’s injunction that blocked Texas from implementing strict new abortion rules.

“Right now, women in vast swaths of Texas are being turned away at clinic doors because of a bogus law that attempts to do underhandedly what states cannot do directly — block women from accessing abortion services,” said Nancy Northup, president and CEO of the Center for Reproductive Rights. “We now look to the Supreme Court to protect women’s access to these essential health care services while we fight this critical court battle.”

The 5th Circuit Court of Appeals on Thursday lifted a lower court’s injunction, allowing the state to implement two provisions in House Bill 2 that require abortion providers to obtain hospital admitting privileges nearby the facility and follow federal guidelines, rather than a common, evidence-based protocol, when administering drug-induced abortions.

Justice Antonin Scalia, who is considering the plaintiffs’ request, has ordered the state to respond by Nov. 12. The plaintiffs anticipate that Scalia will issue an expedited decision shortly after receiving the state’s response. He could also refer the case to the entire U.S. Supreme Court. If Scalia does not reverse the 5th Circuit’s decision or refer the case to the whole court, the plaintiffs may ask another Supreme Court justice to consider the case. If the case is not considered by the U.S. Supreme Court, it will still proceed in the 5th Circuit, which has scheduled a hearing in January 2014.

See here, here, and here for the background. Think Progress offers a small sliver of hope, as SCOTUS just refused to hear an appeal to overturn an injunction against Oklahoma’s full-throttle ban on medical abortions, but in that case they declined to take an action whereas in this case they would need to step in, so I don’t know. Even if they do step in, the damage has been done:

After the U.S. 5th Circuit Court of Appeals’ decision Thursday to lift an injunction on new abortion regulations in Texas, at least nine abortion facilities — about a quarter of the state’s abortion providers — have discontinued abortion services in light of the new law.

The court’s decision is “having an immediate impact starting today, and what that impact is depends on each woman and where she lives,” said Sarah Wheat, vice president for community affairs for Planned Parenthood of Greater Texas. Planned Parenthood has discontinued abortion services at four Texas locations: Fort Worth, Austin, Waco and Lubbock. Wheat said staff members began calling patients to cancel appointments Thursday evening soon after the appellate ruling came down.

“Depending on that patient and what her circumstances are, we’re either referring her to another health center in that same community or telling her which cities she’ll have to travel to,” Wheat said.

See the embedded video in that Trib story for the effect on one woman and her family. SCOTUS won’t take any action until at least next week, so the “emergency” part of this request wasn’t exactly honored. We’ll just have to wait till then to see about the rest of it. The Statesman, Texas Politics, Trail Blazers, and RH Reality Check have more.

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It’s about the people who don’t have ID

We’ve had plenty of blue-sky stories telling us that the voter ID law has been no big deal. A few provisional ballots and some number of affidavits, sure, but everyone who’s wanted to vote has been able to vote, right? Sure, as long as they had one of the accepted forms of ID. But what about the people who don’t have them?

Gracie Sills is one such person. Here’s her story.

Still the only voter ID anyone should need

Still the only voter ID anyone should need

The “secondary identification” category is something the vast majority of Texans are virtually certain not to have two of.

As fortune would have it, my daughter Graciela Sills was born in Austin, Texas on Nov. 5, 1995. She thus became a 2013 voting baby, qualified by virtue of turning 18 on the very day of the first statewide election under the controversial Texas “voter ID” law.

Guided by a well-meaning Dad who participates in Texas politics as part of his living, my daughter’s first adult experience at a polling place was to get rejected.

It’s an off-year election, but Gracie was excited about getting her voice heard on constitutional amendments, local housing bonds and a special election in Texas House District 50. She also wanted to vote early for an arcane reason – to take advantage of a rare chance to start exercising the franchise legally at age 17.

In Texas, you can’t register to vote until you are within 60 days of your 18th birthday, so the window for registering in Gracie’s circumstances was as short as it gets. My boss, Texas AFL-CIO President Becky Moeller, personally and with much delight handed Gracie the voter registration card that she used to mail in the application. The Secretary of State’s web site showed Gracie registered by early October, and a voter registration card arrived well ahead of early voting.

Like a growing number in her generation, Gracie decided to put off getting a driver license. Her reasoning: It takes a lot less road time to get the license after one turns 18. My suspicion: The idea of spending 30 or 40 hours being drilled on the fine points of three-point turns and parallel parks by her parents didn’t appeal to her. While the actuaries may have to take my daughter into account when setting auto insurance rates in the future, the relevant fact is that Gracie lacks the most common form of identification needed to vote.

We went to vote early as a family on Saturday, however, bringing Gracie’s passport instead, which we knew was a legitimate form of ID under the Texas “voter ID” law. To our horror, we discovered that unlike adult passports that last a decade, passports that are obtained by children when they are less than 16 are good only for five years. Gracie’s had expired in July.

My daughter didn’t have a valid photo ID for voting purposes. No driver license. No personal ID card from the Department of Public Safety. No U.S. citizenship certificate. No passport. No concealed handgun license. No military identification. The photo ID card from school was useless.

Gracie did eventually get one of the free DPS voter ID cards. Lots of Americans her age are deferring getting their drivers license. Driving is expensive, and in case you haven’t noticed the economy has been especially rough on the millennial set. Plus, a lot of them are more environmentally conscious than the rest of of us are, and would rather walk, bike, or take public transit. Why should anyone have to drive in order to vote? If the Lege had allowed student IDs to be used for voter ID, it would solve the problem for a lot of folks like Gracie. But they didn’t.

Older folks also have problems with voter ID, for the same reason – not having a drivers license. One such person is former Speaker Jim Wright.

Former House Speaker Jim Wright was denied a voter ID card Saturday at a Texas Department of Public Safety office.

“Nobody was ugly to us, but they insisted that they wouldn’t give me an ID,” Wright said.

The legendary Texas political figure says that he has worked things out with DPS and that he will get a state-issued personal identification card in time for him to vote Tuesday in the state and local elections.

But after the difficulty he had this weekend getting a proper ID card, Wright, 90, expressed concern that such problems could deter others from voting and stifle turnout. After spending much of his life fighting to make it easier to vote, the Democratic Party icon said he is troubled by what he’s seeing happen under the state’s new voter ID law.

“I earnestly hope these unduly stringent requirements on voters won’t dramatically reduce the number of people who vote,” Wright told the Star-Telegram. “I think they will reduce the number to some extent.”

Wright and his assistant, Norma Ritchson, went to the DPS office on Woodway Drive to get a State of Texas Election Identification Certificate. Wright said he realized earlier in the week that the photo identifications he had — a Texas driver’s license that expired in 2010 and a TCU faculty ID — do not satisfy requirements of the voter ID law, enacted in 2011 by the Legislature. DPS officials concurred.

But Wright and Ritchson will return to the office Monday with a certified copy of Wright’s birth certificate, which the DPS employees assured them would be good enough for the Texas personal identification card, designed specifically for people who do not drive.

Older folks often give up or don’t renew their drivers licenses when it becomes too difficult or expensive for them to drive. Unlike someone Gracie’s age, they do have the option of voting by mail, which doesn’t require ID. But a lot of these folks have been voting for fifty, sixty, seventy years, and voting to them means going to the ballot box and casting a vote in person, like they have always done. Why shouldn’t they be able to do this?

Now, both of these stories have happy endings. Gracie Sills and Jim Wright were able to get the IDs they needed in time to vote. Good thing they decided to vote early – if they’d started out today, like many people will, they would have had to cast a provisional ballot, then go through the bother of trekking to their election administrator’s office to make their votes count. They’re also both politically connected people – Gracie is the daughter of AFL-CIO Communications Director Ed Sills – who knew their rights and didn’t get discouraged along the way. How many people who are used to just showing up and voting won’t be so well placed? Maybe it won’t be that many today, but I bet it will be a lot more next year if this law is allowed to stand. All in the name of preventing something that basically never happens. Well, that’s the stated reason, anyway. We know what the real reason is. I feel confident saying that objective will be met.

Posted in Show Business for Ugly People | Tagged , , , , , , , | 2 Comments

Election Day today

For the however many of you that haven’t voted yet, here’s a message from County Clerk Stan Stanart:

4,500 Election Judges and Clerks are prepared to receive voters on Election Day, Tuesday, November 5, at the 775 locations throughout Harris County. This Election will be the first Election in which Photo ID will be implemented at the Election Day polls.

“In preparation for Election Day, poll workers have been trained on the new Photo ID requirements and are ready for voters to cast their ballots,” said Harris County Clerk Stan Stanart, the Chief Election Officer of the county. “Election Day should go as smoothly as the Early Voting Period.”

Early voting brought 109,370 voters to the polls, the largest number of early voters in an odd numbered November Election in the history of Harris County. Of those voters, there were very few provisional ballots cast due to voters not presenting proper photo identification. The unofficial Early Voting tally of current registered voters with ID issues shows six who presented expired/suspended TX DPS IDs, two who presented out of State IDs, and nine who did not present any photo ID. These voters and any from Election Day, will have until November 12th to present a valid Photo ID to the Voter Registrar, so that their ballot can be counted.

“As the Chief Election Official, I have great confidence in voters,” expressed Stanart. “I am not surprised by voters being prepared to comply with the photo identification requirement.”

Voters are now required to provide one of the seven types of Photo IDs when voting in-person. The state approved photo identification for voting includes:

· Texas Driver License issued by the Texas Department of Public Safety (DPS)

· Texas Election Identification Certificate issued by DPS

· Texas Personal Identification Card issued by DPS

· Texas Concealed Handgun License issued by DPS

· United States Military Identification Card containing the person’s photograph

· United States Citizenship Certificate containing the person’s photograph

· United States Passport

With the exception of the U.S. Citizenship Certificate and some Military Identifications, the ID must be current or have expired no more than 60 days before being presented at the polling place.

“If you have not done so, I encourage you to go vote,” concluded Stanart. “Be sure to bring your photo ID to the poll; and, remember, on Election Day, you have to vote at the precinct where you are registered to vote.

To obtain a list of Election Day polling locations or to view a voter specific sample ballot, voters can visit www.HarrisVotes.com or call 713-755-6965.

I don’t have the faith Stanart has that Election Day will go as smoothly as Early Voting did, but that’s neither here nor there at this point. Bring your ID, be prepared to sign an affidavit, and under no circumstances leave without voting.

There have been a couple of articles in the Chron the past few days about the Mayor’s race and various issues. I haven’t written about them, partly because there have been so many other things to write about, partly because they were things I’d discussed in one form or another previously, and partly because if you’re just tuning into the issues now, I don’t know how much difference those stories would make anyway. I will note that on the heels of being names to President Obama’s climate change task force, Mayor Parker received President Obama’s endorsement in the race, for whatever effect it will have at this late point. I don’t know what will happen in the Mayor’s race, but I do know that whatever does happen, Rob Ford will not be our Mayor, and I think we can all agree that that is a good thing.

Beneath the fold is a listing of all the Election Night watch parties that I have emails about or otherwise was able to find without too much effort. If I’ve missed one that you know about, please leave the details in the comments. Thanks, and I’ll be back later tonight with some results.

UPDATE: Texpatriate has a good list of watch parties, too.

Continue reading

Posted in Election 2013 | Tagged , , , , , , , , | 1 Comment

Early voting wrapup: Did we run out of early voters?

EarlyVoting

Early voting is officially over, though a few more mail ballots will trickle in by tomorrow. Here are the final numbers, with the chart from Thursday being updated:

2013
2011
2009
2007

Here again is that look at turnout over the first ten days and last two days of early voting, now with this year’s numbers added in:

Year 10 Day Last 2 Final Last2 % ====================================== 2013 80,959 28,381 109,370 25.9% 2011 40,389 18,156 58,545 31.0% 2009 51,997 28,519 80,516 35.4% 2007 33,247 17,017 50,264 33.9%

Turnout slowed down a bit this year, in absolute terms where Thursday had the smallest in-person total for the week – I’m sure the rain and the Trick-or-Treating had some effect on that – and in comparison to other years. Final turnout fell short of my projection based on the past three elections by over 5,000 votes. I take all of this as at least some more evidence that what we are seeing is primarily a shift in behavior towards early voting, thus making the odd-numbered years more like the even-numbered years around here. Based on what we’ve seen so far, here are the range of projections for final turnout:

EV total EV Pct E-day total Turnout Htown hi Htown lo ============================================================= 109,370 35% 203,116 312,486 218,740 187,492 109,370 40% 164,055 273,425 191,398 164,055 109,370 45% 133,674 243,044 170,131 145,827 109,370 50% 109,370 218,740 153,118 131,244 109,370 55% 89,485 198,855 139,199 118,919 109,370 60% 72,913 182,283 127,598 109,370 109,370 65% 58,891 168,261 117,783 100,957

To break this down, we start with the EV total so far. That number will wind up being a bit higher because of late-arriving mail ballots, but that’s not important for these purposes. “EV Pct” is what the share of the EV total is of final turnout. Historically, it’s been less than 40% in these elections, but the hypothesis is that this year it will be at least 50%, thus putting it in line with the even-year elections. “Turnout” is then the number we’d get under each of these scenarios. Of course, we are talking about Harris County turnout, not City of Houston turnout. Going by past elections, the city of Houston accounts for between 60% and 70% of Harris County turnout in odd years. “Htown hi” is the Houston vote total if Houston is 70% of Harris County turnout, and “Htown lo” is the share if we’re at 60%. Got all that? According to the final Johnston analysis of the 2013 vote, about 67% of the total EV so far has been city of Houston. The comparable number for 2009 was 72%.

Of course, this is still all just Harris County. Fort Bend County will contribute about 2000 votes to the final Houston total, and Montgomery County will kick in 50 or so more. I don’t know what their early vote totals look like, and their past election history doesn’t provide much information, so let’s not worry about it. My guess is that Houston’s final turnout will resemble the 50% early scenario, with between 130,000 and 150,000 votes total in the city. Leave your own estimates in the comments and we’ll see who’s the best guesser. Greg has more.

Finally, a couple of comments about the Chron story on early voting.

A sunny and pleasant Friday in the Houston area, combined with a tendency toward procrastination, helped spur a final-day total twice that of any day other than the first when early voting began on Oct. 21. The tally of all early voting, including in-person appearance and ballots mailed, was more than 118,000, about 15,000 more than the previous high for similar elections in 2003.

“This is the most we have ever done,” said Harris County Clerk Stan Stanart. “I think to some degree our high turnout is a result of getting the word out on voter ID.”

A new state law requiring would-be voters to show a photo ID at the polling place is in effect for the first time after surviving a court challenge.

Actually, the voter ID law has not survived a court challenge. The one court ruling we had on it, from the DC federal court, denied preclearance to it on the grounds that it was discriminatory. The SCOTUS ruling on the Voting Rights Act negated that ruling by throwing out the preclearance requirement of the VRA. That mooted the denial of preclearance since preclearance was no longer a requirement, but it didn’t reverse the ruling. In the meantime, litigation over the voter ID law is ongoing in federal court in Corpus Christi. The state won the ability to implement this law without prior review. It has not won anything on the merits of the law itself.

Second, that 118,000 figure is the sum of the in person votes and the total number of absentee ballots mailed. Over 30,000 absentee ballots have been sent out, but only about 21,000 have been returned, and that is the difference between the Chron’s 118,000 figure (look here for the Potential Total on the bottom). Only the absentee ballots that have been returned count, and most of those 9,000 that hadn’t been returned by Friday won’t be. It’s misleading to say otherwise. These are two basic inaccuracies that really should have been caught and corrected before ever making it into print. Bad job, Chronicle editors.

“Everything seems to be on track, and the total is far outpacing recent similar elections,” said [Secretary of State] spokeswoman Alicia Pierce. “Early voting seems to be going smoothly, even including the requirement of voter IDs.”

Officials in Harris County and elsewhere echoed that assessment. The photo identification requirement, which was approved by legislators in 2011, has not prevented anyone from voting, they said. People who show up at a polling place without a valid photo ID can vote provisionally. However, if they do not provide one in person at their local election office within six days of the election, their vote will not be counted.

[…]

Stanart said the ID requirement caused no real problems. He said seven people voted provisionally because of an ID issue.

“Two of the seven showed up without a photo ID, two had out-of-state IDs, and the other four had IDs that were long expired,” Stanart said Friday.

“In the big picture,” he noted, “that’s not much when you consider more than 80,000 people voted.”

I agree that it isn’t much, though it is vastly more than the number of documented cases of voter impersonation that even Greg Abbott can claim. But this is still a fairly small sample, and a highly non-representative one, as the vast majority of early voters are the hardest of the hardcore. These are exactly the people that you would expect to not have any problems. If the law had mandated that everyone needed to show up in clown shoes and with a copy of “The Bridges of Madison County”, we’d probably be reading a story about how all that went more smoothly than expected, too. The problem with voter ID has always been about the people who don’t have one of the very limited allowed forms of ID, the state’s laughably pitiful effort to provide ID to those who don’t have it, the fact that the Legislature clearly favored some groups (concealed-carry license holders) over others (students), and that the type of voters that will be most affected by this law are people of color, who tend to vote Democratic. None of this has changed by the relatively unproblematic early voting period of this low-turnout election of high-propensity voters. I’m glad things have gone well so far, but if this law is still in effect a year from now, I seriously doubt we’ll be able to say the same thing then.

Posted in Election 2013 | Tagged , , , , , , , , , , , , , , , , | 3 Comments

The HISD elections and Terry Grier

The Chron writes about the possible effect of the HISD Trustee elections on Superintendent Terry Grier and his agenda items like Apollo and revamped teacher evaluations. Of the three contested elections, the one that has the greatest potential to swing the way the Board operates is in District VII.

Harvin Moore

Harvin Moore

The closely watched District 7 race pits incumbent Harvin Moore, a staunch supporter of Grier, against Anne Sung, a former teacher critical of Grier’s strategies.

[…]

The board’s 6-3 vote approving the district budget in June highlighted the divide among trustees. The wedge issue was an allocation of $30 million to continue the Apollo program and to expand its key elements – small-group tutoring and a longer school day – to more campuses.

Moore, who voted with the majority on the budget, argues that HISD is headed in the right direction under Grier. Voters last year approved a $1.9 billion construction bond issue, the largest in Texas history, and the district won the national Broad Prize for Urban Education in September for its academic improvement.

Moore said he has talked to Grier privately about improving his communication with the public and is pleased with the progress.

“He’s still a strong-minded individual, and I think that’s a strength,” Moore said.

Anne Sung

Anne Sung

Sung taught at Lee High School, one of the Apollo campuses, and said the program pushed short-term gains on state tests rather than deeper learning. She also said she would like to see less emphasis on test scores in teachers’ job evaluations.

Adams said she hasn’t studied the evaluation system enough to weigh in. She wants to expand the small-group tutoring that has proven successful in the Apollo program across the district.

The Houston Federation of Teachers union, which has bashed the teacher evaluation system and generally stayed neutral on Apollo, endorsed Sung and Adams.

“No one went out and recruited people that just hated the superintendent,” union president Gayle Fallon said. “We recruited people who supported teachers. Teacher evaluation is a very big issue with us.”

The board had been moving to include test scores in the job appraisals before Grier arrived, but he has supported holding teachers accountable based on the data.

Sung has run a strong race. She’s outraised Moore and has garnered an impressive array of endorsements, mostly from Democratic-leaning organizations. That to me is the X factor in this race – partisan affiliation. HISD races, like city of Houston races, are officially non-partisan, but anyone who is paying attention knows what team a given candidate is on. Sung is a Democrat, Moore is one of three Republicans on the Board (Mike Lunceford and Greg Meyers are the others). I unfortunately don’t have any electoral data on HISD districts so I can’t make any quantitative statements, but it should be clear at a glance that District VII would be considered a solid Republican district in any context where partisan identity mattered. I have no idea how much it might matter in this context. Both candidates have focused on the issues, but I’m sure they’ve been busy letting fellow team members in the district know that they wear the same colors. It would be foolish not to. Again, I have no idea how much of a factor this will be. I do believe it is a factor, just one that isn’t readily measurable. This is definitely one of the races I’ll be watching closely.

Posted in Election 2013 | Tagged , , , , , , | 3 Comments

Barton versus Cornyn?

From Warren Throckmorton:

Big John Cornyn

Big John Cornyn

There is a lot of chatter these days among tea partiers in Texas about who should run against John Cornyn in the 2014 Senate primary. Despite a conservative voting record, Cornyn is being targeted by the tea party set because he is perceived to be soft on Obamacare, immigration, taxes and the national debt. As I reported on Monday, David Barton has been asked by some tea party folks to consider a challenge to Cornyn. The spin is that Barton has party experience, broad name recognition, and, probably with Glenn Beck’s help, could access adequate funds for a Senate campaign.

Without Barton in the mix, Cornyn seems safe. Cornyn’s current challengers probably could not mount a significant campaign to unseat Cornyn. Thus far, those challengers include attorney Linda VegaErick Wyatt and Dwayne Stovall.

[…]

If these three are the only challengers, the Senate seat seems safe for Cornyn. However, I suspect the situation would change if Barton gets into the race.

Barton’s name recognition would swamp the other three challengers and soon involve the national media. A Barton v. Cornyn confrontation would place additional focus on the current GOP Civil War. Barton’s supporters would invoke memories of Ted Cruz’s improbable victory over an establishment candidate in Texas with Barton cast as Cruz’s ally. Given Barton’s early support for Cruz, I suspect Cruz would endorse Barton. Cornyn would have a boatload of opposition research to use but Barton’s followers seem immune to such things. All of this is probably enough to cause major heartburn among the GOP establishment in Texas.

Ed Kilgore fills in a few details.

This possibility dwarfs even Craig James’ disastrous 2012 Senate campaign in Texas as a possible source of schadenfreude.

In case you’re not familiar with David Barton, he’s the “historian” who is heavily responsible for the “Christian Nation” meme beloved of conservative pols, and for the inversion by conservative evangelicals of their historic support for separation of church and state (the above-mentioned Warren Throckmorton, an evangelical Christian scholar himself, co-authored a recent book debunking Barton’s especially twisted take on Thomas Jefferson).

The Texas Freedom Network has a good primer on Barton, whom they’ve been keeping an eye on for awhile since he’s been heavily involved in the textbook wars around here. I have no idea if this really is a thing or not, but if Barton were to get elected, hard as this may be to believe, he could displace Ted Cruz as the craziest Senator from Texas. Thankfully, we Dems will have a candidate in the race, so get to know Maxey Scherr, you’ll need to know that name later. Burka, Unfair Park, and The Slacktivist have more.

Posted in Election 2014 | Tagged , , , , , , , , | 3 Comments

Second lawsuit filed against Texas Double Secret Illegal Anti-Gay Marriage amendment

From San Antonio.

RedEquality

A federal lawsuit filed Monday on behalf of gay couples challenges the state’s constitutional amendment against same-sex marriage and seeks to bar Texas officials from enforcing it.

“In Texas, Plaintiffs cannot legally marry their partner before family, friends, and society — a right enjoyed by citizens who wish to marry a person of the opposite sex. And should they become married in a state that has established marriage equality, Texas explicitly voids their marriage,” the lawsuit states. “There is no rational basis, much less a compelling government purpose, for Texas to deny plaintiffs the same right to marry enjoyed by the majority of society.”

Filed in San Antonio, the suit names as plaintiffs two same-sex couples: Mark Phariss and Vic Holmes of Plano and Cleopatra De Leon and Nicole Dimetman of Austin.

But it makes clear the litigation is pursuing rights for a larger group of people in similar situations.

[…]

In 2001, Dimetman was running her own business and De Leon was working as a statistical analyst while serving in the Texas Air National Guard.

In 2009, they traveled to Massachusetts, where same-sex marriage had been allowed for five years, to make their union legal.

“We knew we were going to start a family soon,” said Dimetman, 37, now an attorney. “When you’re bringing a kid into the world, you want to be able to say you’re as married as you can be.”

Last year, De Leon, 38, gave birth to the couple’s son. Dimetman had to go through the process of adopting him.

“If our marriage was recognized in Texas, just by virtue of the fact that he was born within our marriage, he would be both of (ours) legally,” she said. The adoption, she said, “was an extreme invasion of our privacy, for no good reason.”

The couple decided to join in as plaintiffs in the lawsuit “because it’s important for our family to be treated equally under the law.”

Unlike the first lawsuit, which according to the Observer has since been withdrawn, this one involves a gold-plated law firm in Akin Gump Strauss Hauer & Feld, has the enthusiastic backing of Equality Texas, and makes a clear legal claim of harm done to the plaintiffs. And we still haven’t tackled the issues of military benefits or divorce proceedings. I wonder if the state will have a more coherent legal strategy when it defends itself in this one.

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Weekend link dump for November 3

“YouTube is preparing a premium on-demand music service — akin to a Spotify, but with video — to launch later this year”.

We need a space tax. Though we should probably call it a “fee”.

From the “When I was a child, I reasoned as a child” department.

“So, for those churches [in Hawaii] that are against same-sex marriage, the choice will come down to bottom lines: their accountant’s vs.the Bible’s. In order to keep any cash flow from weddings, they must allow same-sex ceremonies in their institutions.” Of course, there’s really nothing in the Bible on this, but you get the idea.

“If you need to know stuff, you can go ask the other scientists. And if they don’t know, you can ask me, and I can figure it out.”

There’s cocaine in your money.

Dear West Virginia: Please feel free to stop taking my tax dollars any time. Thanks.

“California’s 17-year experience as the first state to legalize medical marijuana offers surprising lessons, experts say.”

Remember when MLB owners were found to have colluded to keep salaries down by agreeing not to sign free agents? They wound up losing a nine-figure judgment as a result of that. Apparently, some tech companies didn’t get the memo about that.

The Affordable Care Act could help reduce America’s appallingly high infant mortality rate. You would think that so-called “pro-life” groups would be in favor of that.

Modern headlines for 20th century events.

“Teen sex cannot be reduced to an equation, and should not be reduced to a crime.”

“A doping scandal rocked the hallowed sport of pigeon racing this week after six birds tested positive for performance-enhancing drugs. Yes, everything in that sentence was true.”

“If your newspaper is going to publish a weekly column by Karl Rove, you have already crossed whatever conceptual boundary might stop you from publishing Suzanne Somers.”

Your home is your impregnable fortress. Or at least, that guy’s home is.

If Politico had existed during the Civil War.

Ever wish you could run VisiCalc again? Well, now you can.

Nearly all libertarians are non-Hispanic whites (94%), more than two-thirds (68%) are men, and more than 6-in-10 (62%) are under the age of 50.”

“But the reality is that much of the conversation around debt and deficits is missing this basic fact: Deficits are, for now, falling fast. If anything, too fast.”

Fat shaming is not helpful.

“Please know this: Every time you serve a clementine with a celery hanging out of it, a baby werewolf loses his mom.”

“Republicans have now transcended the usual political debate over who should occupy the seats on this court and moved into the realm of blocking anyone nominated by a Democratic president, regardless of their merit or qualifications, from sitting on the court. It’s a scorched earth policy. If we can’t have it, you can’t have it either.”

“In 1971, as the Dallas Independent School District struggled to integrate its schools, parents began attempting to transfer their children into Catholic schools in hopes of avoiding integration. In response, Sister Caroleen [Hensgen] announced a freeze on admitting students transferring from public schools, declaring that Catholic schools would not be a safe haven for those seeking to flee integration. The freeze lasted seven years, was financially costly and drew widespread criticism, even from those within her own school system.” Rest in peace, Sister Caroleen.

Oh, Axe Body Spray. What would we do without you?

“Sixty-three years ago […] on Halloween in 1950, [Earl] Lloyd became the first African-American to suit up in the National Basketball Association.”

Here’s a photo of three pugs dressed up like characters from Game of Thrones. You’re welcome.

The Morris Internet Worm is now 25 years old.

Meet Jayson Carter. And remember his name.

Posted in Blog stuff | Tagged | Comments Off on Weekend link dump for November 3

Hagel tells Texas National Guard to obey the law

Good.

RedEquality

Defense Secretary Chuck Hagel late Thursday rebuked Texas and eight other states whose National Guard organizations have refused to process federal benefits given to same-sex couples.

In a speech before the Anti-Defamation League in New York, Hagel revealed that he had ordered the head of the National Guard Bureau, Gen. Frank Grass, “to take immediate action to remedy this situation.”

Hagel said commanders “will be expected to comply with both lawful direction and (Pentagon) policy” as 45 other states and jurisdictions now do.

“Not only does this violate the states’ obligations under federal law, their actions have created hardship and inequality by forcing couples to travel long distances to federal military bases to obtain the ID cards they’re entitled to,” Hagel said in a prepared text of his remarks provided by the Pentagon.

“This is wrong. It causes division among the ranks, and it furthers prejudice, which DoD has fought to extinguish,” he continued. “At my direction, (Grass) will meet with the adjutants general from the states where these ID cards are being denied.”

See here for the background. Texas Military Forces has asked the Attorney General for an opinion on this, which is still pending, and Lambda Legal threatened a lawsuit if they did not comply. As far as I can tell, despite Lambda Legal giving Texas Military Forces ten days to respond to them, no further action has been taken.

The Texas National Guard’s adjutant general, Air Force Maj. Gen. John Nichols, said in an Aug. 30 policy memo his organization’s Camp Mabry headquarters in Austin and other facilities around the state could not enroll same-sex families “until we receive clarification.”

Neither he nor others at Camp Mabry could be reached Thursday night. Josh Havens, a spokesman for Gov. Rick Perry, said the Guard is a state agency and “as such is obligated to adhere to the Texas Constitution and the laws of this state, which clearly define marriage as between one man and one woman.”

[…]

It wasn’t clear if Hagel’s action would force the Guard to immediately process same-sex couples’ benefits, but his action was hailed by Chad Griffin, president of the Human Rights Campaign, and Eric Alva, a local gay-rights activist.

“Guard members and their families serve this country every day, and it is unacceptable that any state would make it unreasonably difficult for these heroes to access the benefits they are entitled to,” Griffin said.

“If the states had it their way, they would be the ones who still say gay individuals are not allowed to serve in the National Guard,” said Alva, a retired Marine Corps staff sergeant who was the first American GI wounded in the Iraq invasion. “So I think it’s one last defense of the states to try to prevent same-sex couples from getting any benefits, and it’s going to fall. They’re going to lose.”

You would think so, but they won’t go quietly and they won’t go quickly. One way or another this will wind up in court. We ought to tell the Fifth Circuit Court of Appeals to go ahead and start writing its opinion striking down any injunctions or orders against the state, since we know that’s what they’ll eventually do anyway. May as well save some time and cut right to the chase. BOR has more.

Posted in National news | Tagged , , , , , , , , , | 9 Comments

On the uses of the New Dome

So it’s looking pretty good for the Astrodome renovation referendum. But what exactly will we get if it does pass? In particular, will the New Dome be economically sustainable in a way that the current one is not?

To date, Harris County and Reliant Park officials have offered little more than verbal assurances the New Dome would be an economic winner.

The closest thing to a fiscal analysis that has been released since the Harris County Commissioners Court voted in August to put the bond proposal to voters came a month later on a single sheet of paper brought to a Houston Chronicle editorial board meeting. Projections on the paper show a converted Astrodome would generate $1.9 million a year – $4 million in revenue, minus $2.1 million in expenses.

The $4 million includes usage fees, concessions, parking and revenue from “incremental” naming rights. The $1.9 million net income likely would be spent on utilities or other operating costs, but officials say they are certain the facility would pay its own way.

“The goal, at the very minimum, is to break even,” said Edgar Colón, chairman of the Harris County Sports and Convention Corp., which devised the New Dome plan.

Consultants the sports corporation hired to devise various reuse plans found last year that “all options have operating shortfalls,” including a multipurpose facility virtually identical to the New Dome plan.

A sports corporation list of potential uses of the New Dome spans more than four pages. Major events include fan parties during the Super Bowl and NCAA Final Four, as well as Wrestlemania.

The list of new prospects, everything from a Star Wars Convention to the Junior Olympic Games, is much longer than the one of existing events that could locate there, which includes only the annual Offshore Technology Conference and the Mecum Auto Auction.

The OTC, which has outgrown Reliant Center, has said it would use the New Dome.

The economic argument officials make the most is akin to “Build it and they will come.”

“You put together a facility that is unique in the world and then you go out and sell it, and that’s what we have here,” said Harris County Judge Ed Emmett, who said the new venue would spur hotel and other development in the area.

[…]

Even if the New Dome is not an economic boon, Emmett has suggested that expecting it to break even is not a reasonable goal, comparing it to a public park.

“There are a lot of things that government does that provides an asset or a service to the taxpayers that doesn’t necessarily pay for itself,” he said in his September newsletter.

The “public park” angle is interesting, and it makes some sense. I don’t recall it being brought up before now, which is the sort of thing that can come back and bite you afterward. I look at it this way: The current Dome is costing us something like $2 million a year, and we’re getting no use out of it. If what we build winds up costing less, never mind breaking even, and we get some use out of it, it’s a win. If it does wind up breaking even, so much the better. People clearly find value in the preservation of the Dome, which is a part of Houston’s identity in a way that few other things are, and if we wind up with something that costs a few bucks a year, that’s what we chose to do. Houston Politics has more.

Posted in Election 2013 | Tagged , , , , , , , | Comments Off on On the uses of the New Dome

We shouldn’t have any teams called the “Redskins”

What Steve Harvey says.

It is time for the Lamar High School Redskins to change their nickname.

It actually is past time.

A good time would have been 15 years ago. According to a 1999 article in the Houston Press, Kenyon Weaver, a Lamar senior, began a campaign the year before to change the nickname.

His impetus was a vacation he took the previous summer to Santa Fe, N.M. When he started to don his Redskins sweatshirt, his mother, a University of Houston professor, counseled him against it, warning him the name would offend many of the city’s American Indian residents.

Upon returning to school, Weaver used his position as a member of the Lamar student senate to place a referendum before students.

“The only decent thing to do – the only worthy cause – was the Lamar Redskins,” Weaver told the Press.

After heated debate, students overwhelmingly voted to remain Redskins, although Weaver said his effort was sabotaged by school officials when students were told they would have to pay for the expense of changing the lo

[…]

To an extent, Lamar officials have acknowledged the nickname is wrong by disassociating the school from virtually everything about it except the nickname itself.

There is little evidence at Lamar that the school mascot remains Redskins, starting with the elimination of the mascot. It was a big-toothed, big-nosed, diaper-clad artificial statue called Big Red that was trotted out at sports events.

Any new teams, groups or awards will be known simply as Lamar. Drill team members are known as Rangerettes.

Give the school credit for doing a lot to right its wrong. But it hasn’t done as much as some. According to Capital News Service, 62 high schools in 22 states are known as Redskins while 28 high schools in 18 states dropped the nickname within the last 25 years.

Principal James McSwain, who was in the same role when Kenyon Weaver was a student, said recently if Lamar were a new school choosing a nickname that it wouldn’t be Redskins.

So why not take the obvious next step and officially drop the nickname? There’s no dispute that it’s offensive. The school isn’t using it anyway. I’m sure there will be some fuss among alumni if this were to be proposed, but I’m not saying the historical record needs to be rewritten. Past teams that won memorable games as the “Lamar Redskins” can and should remain such. But going forward, the path is clear. If the school hasn’t been using the nickname anyway in recent years, I doubt the current students will care very much. Just put out a statement saying that Lamar High School will no longer employ the nickname “Redskins” and be done with it. If the principal won’t do it, then HISD ought to consider getting involved, as surely this is not in line with the district’s non-discrimination policies. This should not be a dilemma for anyone. Just do what’s right.

Posted in Other sports | Tagged , , , , | 3 Comments

Endorsement watch: Sometimes the answer is No

The Chron recommend a No vote on the Pasadena redistricting referendum.

Pasadena City Council

There is no need for mid-decade redistricting in Pasadena, least of all with a plan that has been dug out of the trash.

The once lily-white town of Pasadena has grown over the past decade to become majority Hispanic, but a large population doesn’t necessarily mean political power. Voter registration is low in the Hispanic community, yet the tide is turning. Hispanic voting strength teeters on the precipice of political power. So it should be no surprise that longtime political insiders are pushing a plan that seems specifically designed to stop that change from happening. It would be nefarious if it wasn’t so obvious. Instead of Pasadena’s current eight single-member city council districts, the new scheme would use a mixed system of two at-large seats and six single-member seats. The larger districts threaten to dilute minority voting strength, keeping the huddled masses outside the golden door of democracy for who knows how many more years. Plans to replace single-member seats with at-large have been blocked for decades as potentially discriminatory, and there is no reason to think that this one is any different.

[…]

If Proposition One supporters felt that Pasadena needed at-large representation on council, then they should have worked during the normal post-census redistricting to come up with a consensus plan that could pass without controversy. Instead, they pulled an old trick out of their books, already stamped with disapproval from the Justice Department, and are trying to get it passed during an off-year election.

The editorial is a companion to their earlier story about the referendum. Would have been nice if this had run earlier, like before early voting ended, but better late than never.

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Saturday video break: All we want to do is eat your brains

Popdose put out a Top 20 Halloween Songs playlist, and there are some fine and seasonal tunes on it, but for me the song that best captures the spirit of the day is Jonathan Coulton’s “re: Your Brains”.

It’s like what you’d get if you mashed up Office Space with Dawn of the Dead. If that isn’t scary, I don’t know what is.

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Chron overview of the Pasadena redistricting referendum

The Chron covers the most important ballot item in Harris County that isn’t the two countywide propositions, the charter amendment in Pasadena.

Pasadena City Council

The charter change would replace two of Pasadena’s eight single-member City Council districts with seats elected citywide. But a citizens committee that reviewed the proposed change rejected it, 11-1.

Four council members from the older, predominantly Hispanic north end oppose the restructuring. They note that the U.S. Justice Department rejected this exact plan as potentially discriminatory, but now the pre-clearance requirement has been voided and opened the door for reconsideration.

“We are standing our ground against the change,” said Cody Wheeler, one of two Hispanics on the council.

Opponents contend Proposition One is a “power grab” by the mayor, who was first elected to the council four decades ago and has served off and on ever since. They say the mayor doesn’t like the changes that he’s seeing in Harris County’s second-largest city, population 150,000, that once gained fame for its refineries and Gilley’s bar as featured in “Urban Cowboy,” starring John Travolta and Debra Winger.

[…]

With emotions running high, an unusually large number have already gone to the polls.

Harris County’s election office reported that 2,164 residents had voted as of Monday, either in person or by mail, with four more days of early voting still to go. City officials say that tally is high for an off election year, amounting to almost half the votes cast in the last Pasadena mayoral election.

Wheeler believes that opponents have been effective in getting voters to the polls, saying preliminary analysis shows 60 percent of the early voting is coming from his side of the city.

In the past, Wheeler said that the issue is “about democracy and this mayor not getting the council he wanted and now trying to change the rules.”

See here, here, here, and here. It’s nigh impossible to look at this as anything but a power grab by Pasadena Mayor Johnny Isbell, who pushed the issue against the recommendation of the citizens’ committee and who cast the tiebreaking vote in favor of putting it on the ballot. I certainly hope that it gets defeated at the ballot box because that would be the cleanest way to deal with it, but if it passes you can be sure there will be litigation.

Mayor Johnny Isbell and four council members from the more conservative southern side of town argue that the charter change would provide each citizen with more representation. They say each voter would then be able to elect three council members, instead of just one, to represent them.

Someone might want to explain to Mayor Isbell what a candidate of choice is. Look at it this way: Suppose Mayor Parker were to propose a similar idea for Houston, where Districts F and I got dismantled, with F mostly being put into District G and I mostly being annexed by District E, and two more At Large members were added. Do you think the voters of the former F and I would consider themselves to have “more representation” under that plan? Or do you think they’d wind up with three new Council members that didn’t live near them and who paid them little attention because they have a lot of children and non-citizens and they don’t vote all that much anyway? I know what outcome I’d expect, and I’d expect the same in Pasadena. I hope there are enough voters in Pasadena who see it this way, too. BOR has more.

Posted in Election 2013 | Tagged , , , , , , | 1 Comment

Who judges the judges?

Meet the guy that’s been going after judges with behavioral issues.

The photograph at the top of Greg Enos’ monthly email newsletter is always the same: A pack of mongooses confronting a reared-up cobra.

The Webster family lawyer says the image is a symbol of a change he aims to kindle in the Houston-area legal community – at least in family courts.

“I do not expect to win every case,” Enos writes at the end of most newsletters. “I just want an efficient system in which my client gets a fair hearing by a judge who works hard, knows the law and does not play favorites.”

The newsletter Enos started nearly three years ago, titled the International Journal on the Reform of Family Courts or The Mongoose for short, has been one tool in his quest. Criminal complaints filed against judges have been another.

The 53-year-old Austin native’s criminal complaint last year against Galveston County Judge Christopher Dupuy preceded an investigation by the state attorney general and multiple indictments related to judicial misconduct that led to the judge’s suspension and eventual resignation.

Enos’ next target is 311th state District Court Judge Denise Pratt, a Republican family court judge first elected in 2010, whom he has accused of falsifying court records in an effort to cover up tardy rulings.

See here for the background on that. It’s far too early to know if the complaints about Judge Pratt have any legs, but they do seem to be getting attention. Of interest is that with each judge, Enos documented cases for criminal prosecution, rather than just file complaints with the State Commission on Judicial Conduct.

Enos also sent his complaint to the State Commission on Judicial Conduct, but described the move as a formality, calling the commission “worthless” based on its response to the Dupuy complaint.

“I don’t expect them to take any action because they wouldn’t in his case,” Enos said.

The SCJC proved to be largely worthless during the Sharon Keller debacle of 2010, so one can hardly blame Enos for seeking alternate paths to justice.

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Response from Carroll Robinson

A few days ago, I noted that notorious gay-hater Dave Wilson was up to his usual tricks in the HCC 1 race, even though he himself was running in HCC 2. Wilson sent out an attack mailer against Zeph Capo and Kevin Hoffman, and then incumbent Yolanda Navarro Flores sent out some of her own mail that emphasized her “traditional” marriage, and a second mailer listing her prominent supporters. I wanted to know if those supporters knew what else was going on in that campaign and if they had anything to say about it. Last night, I got this letter from HCC Trustee Carroll Robinson, addressing the questions I asked in my post. I appreciate the response, and I hope the others on that list follow suit.

Posted in Election 2013 | Tagged , , , , , , , , , | 3 Comments

Friday random ten: Dia de los Muertos

It’s All Saints Day/Dia de los Muertos, so let’s have ten songs about the dead.

1. Dead – They Might Be Giants
2. Dead Man’s Shoes – The Virginmarys
3. I’ll Sleep When I’m Dead – Jackson Browne & Warren Zevon
4. Tom Burleigh’s Dead – Eddie From Ohio
5. The Long Black Veil – The Chieftains with Mick Jagger
6. On The Other Shore – Austin Lounge Lizards
7. Death Don’t Have No Mercy – Ramblin’ Jack Elliott
8. O Death – Ralph Stanley
9. St. James Infirmary – Flying Fish Sailors
10. Friend Of The Devil – Grateful Dead

I had to have one song by The Dead in there, didn’t I? As for “The Long Black Veil”, check out this post by Alyssa Rosenberg that calls it the “perfect country song, ever” as well as a “perfect” Halloween song. I hadn’t heard Lefty Frizzell’s version of it before – it’s good, but I’ll stay with the Chieftains and Jagger.

Today would have been my grandmother Jessie Kuffner’s 100th birthday. I think about her often, but especially on her birthday. She was a devout Catholic and I’m sure it pleased her that her birthday was also a holy day of obligation. I know she would have loved the Dia de los Muertos tradition if she had known about it. I love you, Nana, and I miss you. I wish more than anything you could have met Tiffany and my daughters. Happy birthday.

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There are no new ideas, but there are plenty of bad ideas

There’s so much wrong with what Greg Abbott wants for Texas that it’s hard to know where to begin.

BagOfMoney

In his first major policy address as a gubernatorial candidate, Attorney General Greg Abbott proposed tighter constitutional limits on state spending and increased constraints on the multibillion-dollar Rainy Day Fund.

Abbott laid out his “Working Texans” plan, which is based on fiscal reform to reduce the scope of government, during a campaign stop Monday in Brownsville.

Abbott said that if he were elected governor, he would propose two constitutional amendments to keep state spending tied to population growth and inflation and to safeguard the Rainy Day Fund, the state’s savings account, from “being raided” by the Legislature.

Additionally, Abbott said the governor should be given “expanded line-item veto authority” to reduce excessive spending. He will face former Texas Workforce Commission Chairman Tom Pauken in the 2014 Republican primary.

“I am willing to take on the task of making difficult decisions to reduce government spending when at times the Legislature may not be able to do so,” Abbott said, according to prepared remarks, adding that the state has seen “a troubling trend” of using the Rainy Day Fund to cover “what should be core government operations and expenses. “

Instead, Abbott wants to limit the excessive spending of the fund by only allowing it to be used to meet unforeseen revenue shortfalls, to reduce existing debt, to pay for state disaster relief and to address one-time infrastructure payments.

[…]

In his proposal, Abbott also emphasized the importance of finding a permanent source for additional transportation infrastructure, including a proposal to constitutionally divert a portion of the motor vehicle sales tax to road construction and maintenance.

“We need to stop diverting transportation funding away from building roads,” Abbott said. “Money raised for roads should be spent on roads.”

Texas Politics has this in bullet point form. Let me open with what Burka has to say:

Abbott’s ideas will have the effect of constricting the state’s economy rather than expanding it. He says next-to-nothing about public education, for example, nor does he address health care; in other words, he ignores the two biggest and costliest areas of state services. The only solace one can take in Abbott’s vision for the future of the state is that it resolves the question of whether he would be better or worse than Rick Perry. Astonishing as it may seem, I think he is worse than Perry.

The question must be asked: Is Abbott’s vision what Texans want for their government — or their families? Is this really a state whose leaders have no interest in improving the lives of its citizens? Is Texas really going the way of Arkansas and other backward states where all that matters is guns?

Well, there’s also hating on gays and “illegal immigrants”, plus suing the federal government, but you get the idea. I guess it hasn’t occurred to Abbott that the reason we’re dipping into the Rainy Day Fund for a water infrastructure bank is because we have a vast unmet need for water infrastructure projects and no other politically acceptable way to pay for them. He’s also probably not noticed the gaping hole in Texas’ transportation funding, and the fierce resistance to any way of paying for some of it. Oh, and there’s also the judgment against the school finance system – the suit is being relitigated, but I don’t expect a substantially different outcome – and the millions of uninsured Texans that he and his cronies try not to acknowledge. Clearly what we need is a rigid and restrictive spending cap, because that will solve all these problems with the magic of the free market, or something like that.

The Observer shows the degree of Abbott’s ignorance on the subject.

The idea of tying spending to inflation and population growth is not a new one. It’s been popular among elements of the right for years. The Texas Public Policy Foundation, uber-activist Michael Quinn Sullivan and even Perry have flogged the proposal for years. But it’s never gone anywhere for two main reasons—one, there is little appetite in the Texas Legislature for tying their own hands; two, it’s a bad idea.

Texas is already a (relatively) low tax, minimal services, small government state. Indeed, as Nate Blakeslee pointed out in a January Texas Monthly profile of Sullivan, state spending as a share of both the state’s gross domestic product and personal income has been trending downward for two decades. For personal income, which is what the Comptroller uses to set a spending limit, the share of spending has decreased from around 5.2 percent in the early ’90s to just over 4 percent today. Even using the population-plus-inflation spending limit, Texas’ budget has stayed under that limit for the last decade, according to an analysis by the Legislative Budget Board.

In other words, there’s just not a spending problem in Texas. Which is not the same thing as saying there’s an inequity problem when it comes to how revenues are collected (not having a state income tax, for example, means the poor and middle class take it on the nose with regressive sales and property taxes).

Still, tying the state’s budget to inflation and population growth could further constrain state government. You could pretty much forget about ever investing more in public schools, higher education or infrastructure, at least during non-flush times.

In April, the Legislative Budget Board crunched the numbers. The growth in personal income used to set the spending cap for 2014-2015 was 10.71 percent. In other words, the state could spend almost 11 percent more than it had the previous biennium. Using population growth plus inflation instead would limit spending growth to 6.82 percent. That would mean $2.7 billion less for state leaders to work with. That’s not a huge number given that the 2014-2015 state budget includes $95 billion in general revenue. But lowering the spending limit now would have a compounding effect over time.

That’s probably the point—force future generations to subscribe to the current model of low-ish taxes and minimal services. Abbott more or less admitted as much during a press confab after his Brownsville speech.

“By imposing these standards by constitutional provision it means that for generations there will be limits in the growth of spending in this state,” he said, according to the Associated Press.

However, the Legislature has shown little appetite for any of the proposals Abbott is touting. A bill tying the spending limit to population-plus-inflation is filed every session… and goes nowhere.

The Lone Star Project points out that much of what Abbott is proposing is constitutionally redundant as well. The good news is that by going the constitutional amendment route, Abbott starts from a position of not having enough votes for his ideas, and being unlikely to get any more support for them. But the best way to prevent bad ideas from gaining a foothold is to beat them back at the ballot box.

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Have I mentioned lately that the Fifth Circuit sucks?

The only mystery is that it took them this long.

Texas abortion providers’ Monday victory was short-lived. The U.S. 5th Circuit Court of Appeals on Thursday reversed a federal district court ruling that found part of the state’s new abortion regulations unconstitutional, meaning the provisions of House Bill 2 could take effect immediately if state officials choose to enforce them.

“This unanimous decision is a vindication of the careful deliberation by the Texas Legislature to craft a law to protect the health and safety of Texas women,” Attorney General Greg Abbott said in a statement.

A three-judge panel in the 5th Circuit appellate court lifted a permanent injunction placed on the abortion regulations by a lower court, arguing in a written opinion that the state was likely to succeed in its legal arguments.

The judges, Priscilla R. Owen, Jennifer Walker Elrod and Catharina Haynes, wrote that “there is a substantial likelihood that the state will prevail in its argument that Planned Parenthood failed to establish an undue burden on women seeking abortions or that the hospital-admitting-privileges requirement creates a substantial obstacle in the path of a woman seeking an abortion.” Furthermore, they wrote,”we also conclude that the state has made a strong showing of likelihood of success on the merits, at least in part, as to its appeal of the injunction pertaining to medication abortions.”

The appellate court’s decision overrules U.S. District Judge Lee Yeakel’s ruling on Monday that a provision in HB 2 that requires abortion doctors to have admitting privileges at a nearby hospital imposed an undue burden on women seeking the procedure. Additionally, Yeakel ruled that it would be unconstitutional for the state to require physicians to follow federal standards for drug-induced abortions if a physician determined it would be safer for the woman to use a common evidence-based protocol.

Abortion providers, many of whom said they would be forced out of business if those provisions took effect, were expected to immediately appeal the 5th Circuit’s Thursday decision. It was still unclear late Thursday whether the state will enforce the provisions while legal wrangling continues.

Again, I just don’t know what the holdup was. I figure they had this opinion written and ready to go before the ink was dry on Judge Yeakel’s decision. I’m not sure if the next appeal is to the full court or if it goes to SCOTUS directly, but either way I don’t expect much. Have I also mentioned that we need to win more elections? Don’t get mad, get even at the ballot box.

Posted in Legal matters | Tagged , , , , , , , , | 4 Comments

Affidavits everywhere

Dallas County.

Still the only voter ID anyone should need

Still the only voter ID anyone should need

At least one out of every seven early voters in Dallas County has had to sign an affidavit verifying his or her identity as part of Texas’ new voter ID law.

Though no one in Dallas County has been prevented from voting — or even forced to cast a provisional ballot — because a name discrepancy, officials said women are being especially impacted by the requirements.

And Toni Pippins-Poole, the county’s elections administrator, said the totals through the first five days of early voting for the Nov. 5 election are a conservative estimate of the potential inconvenience.

“I know it’s more,” she said, adding that the totals don’t cover all polling locations. “Not all the reports have come through.”

[…]

In Dallas County, more than 6,800 people from Oct. 21-25 voted early in an election that features nine proposed constitutional amendments. And at least 1,020 of those voters signed the affidavits before they voted, officials said.

The affidavits total is being hand counted, and officials haven’t been able to get reports from every polling location. So while Pippins-Poole anticipates there are many more instances, she said she won’t likely know for sure until the election is over.

Pippins-Poole said, however, that the name requirement appears to have a greater impact on women, who are more likely to change names after getting married or divorced. Many women, for instance, take on their maiden name as a middle name.

With even some high-profile women — including Democratic gubernatorial candidate Wendy Davis — being forced to sign an affidavit to vote, Democrats have pounced on the issue as an example of voter intimidation against minorities.

Election officials are taking pains to minimize the hassle. At polling locations in Dallas County, voters also have the option of updating their information in the voter registration database so it matches their photo identification going forward.

But at the least, there’s an extra minute or two of inconvenience for some voters. That might not a big deal in a low turnout election, but Pippins-Poole is already planning to add staff for the bigger primary and general elections next year.

“When you have a huge turnout, a minute for every voter could really produce some lines,” she said.

That’s an awful lot of voters, and a mighty big unintended consequence that most people didn’t see coming. I’ve not seen any figures on this for Harris County, but I bet they’re, well, substantially similar. (Sorry about that.)

One person who had to do the affidavit thing was Sen. Wendy Davis.

Davis, D-Fort Worth, is listed as Wendy Russell Davis on her driver license and as Wendy Davis on the voter registration rolls, said spokeswoman Rebecca Acuña. She signed an affidavit and cast an actual ballot, not a provisional one, Acuña said. A provisional ballot requires a voter to come back later with appropriate ID.

Democrats have voiced concern in recent days that women could be particularly affected by the new Voter ID law because they may have different names on their identification versus registration. They are making a push for women’s votes as Davis is expected to face Republican Attorney General Greg Abbott in the 2014 general election.

But if the listed names are substantially similar, voters must simply attest that they are the same person, said Alicia Phillips Pierce, communications director for the Texas secretary of state.

That’s what Davis did.

Sen. Leticia Van de Putte, whose registration is still in her maiden name, had to do the same. Sen. Davis sponsored the amendment that allowed for “substantially similar”ly-named voters to sign an affidavit instead of having to cast a provisional ballot. Imagine what the uproar would be like right now if that amendment had been voted down.

Not everyone affected by the differences in how their names are represented are women. One man who had to sign an affidavit was none other than voter ID fanatic Greg Abbott.

Attorney General Greg Abbott, the Republican who’s expected to get the party nod to face the Democratic senator next year, also will have to attest to his identity when he votes, according to campaign spokesman Matt Hirsch.

That’s because, like Davis, Abbott has a different name on his driver license than that on the voter rolls.

On his driver license, he’s Gregory Wayne Abbott, Hirsch said. In the voter registration file, he’s simply Greg Abbott.

How wonderfully ironic it would have been if Greg Abbott had been forced to cast a provisional ballot. And who does he have to thank for avoiding that ignominious fate?

Davis spokesman Bo Delp saw some irony in Abbott’s plan to use the Davis-sponsored provision: “If it weren’t for Wendy Davis’ leadership, Greg Abbott might have nearly disenfranchised himself.”

I hope Davis reminds him of that at any debates Abbott deigns to agree to.

Posted in Election 2013 | Tagged , , , , , , , , , | 2 Comments

Want to buy a piece of the Dome?

Now’s your chance, but act fast.

This one is not for sale

Five hundred pairs of upper-deck “rainbow gut” seats and old Astrodome space helmets worn by the grounds crew nearly 50 years ago are among the items up for grabs Saturday during a sale and auction at Reliant Center.

Larger Dome items, like turnstiles and dugout benches, are headed for auction, while smaller items will be sold at a fixed price.

Registration for the 9:30 a.m. auction begins at 7 a.m. The sale of seats and turf begins at 8 a.m.

The roughly 500 pairs of upper-deck seats – some of which still had years-old peanut shells stuck to the sides from fans – will be sold for $200 per pair. There’s a limit of four pairs of seats (eight seats total) per person.

For those looking for a piece of history on the cheap, a 12-inch-by-12-inch piece of turf will go for $20. Again, there is a limit. Buyers can take home only four squares of turf per person.

The auction is run by Reliant Park officials and the Harris County Sports and Convention Corp., which manages the county-owned Reliant Park.

Proceeds from the event will go to the Astrodome renovation project.

Note that this partial disassembly is necessary whether the Dome referendum passes or not. Recall also that the sale of Astrodome memorabilia was built into the estimates for the Dome renovation project, so by buying that upper deck chair you’re helping the preservation cause. Who out there plans to make a bid for something? Swamplot has more.

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Why some polls are less accurate than others

The local GOP had a rally Monday night that among other things featured a “straw poll” of the faithful to see who their preferences were in the upcoming primary election.

Harris County Republicans worked to energize their base on Monday night with a rally at the Galleria, where a parade of statewide candidates pitched voters for support in next year’s primary.

After nearly two hours of speeches, about 300 people participated in a straw poll that showed the party faithful support current Attorney General Greg Abbott for governor and picked state Sen. Dan Patrick almost 4-to-1 for lieutenant governor over the incumbent, David Dewhurst.

With Agriculture Commissioner Todd Staples and Land Commissioner Jerry Patterson also running for lieutenant governor, that leaves those races open in the Republican primary next March.

Presidential grandson and nephew George P. Bush was the overwhelming favorite to replace Patterson. The crowd nearly split its preference for a new attorney general: Ken Paxton received 157 votes to Barry Smitherman’s 133 votes.

Among the candidates for agriculture commissioner who spoke, voters favored Sid Miller – who joined the race a week ago and has rocker Ted Nugent on his campaign leadership team – with 150 votes over rancher Eric Opiela with 106 votes and J. Allen Carnes with 42 votes.

The group favored Wayne Christian among a half-dozen candidates for railroad commissioner and state Sen. Glenn Hegar of Katy, the author of the abortion restriction law that had certain provisions struck down Monday by a federal court, was the overwhelming choice for comptroller.

As it happens, one of the attendees at this event sent me screenshots of the straw poll from his smartphone. Here are a couple of those images. See if you can spot the problem with the poll’s methodology that my correspondent was unhappy about:

Where's Jerry?

Where’s Jerry?

Where's Debra? Glenn who?

Where’s Debra? Glenn who?

You can see the results of the “poll” here if you’re curious. My correspondent tells me that Jerry Patterson had a table at this event. I’d want a refund if I were him. I’ve noted before that the HCDP generally bends over backwards to avoid favoring one candidate over another in contested primaries, while the Harris County Republican Party often takes sides, so this is somewhat less shocking than it would be for a Democratic event, but still. To me, this is just disrespectful. Here’s another screenshot, with some of the candidates for Ag Commissioner and Railroad Commissioner. Malachi Boyuls, the top fundraiser in the race and who has a big ad in the Texas Conservative Review, was snubbed. It would be interesting to know who made the decisions about which candidates to include or not include in this straw poll, and whether the local GOP leadership knew about and approved of them.

I don’t have a dog in this fight. I’m happy to lob spitballs from the sidelines. I just don’t understand the thinking. Why piss off the supporters of so many viable candidates, at a time when you’re trying to rally the faithful ahead of a tough election? Harris County Republicans face the same problems with demography that have helped defeat them in 2008 and 2012, and they face a fired up Democratic Party thanks to Wendy Davis’ candidacy. They do have the advantage of their huge turnout from 2010, and if a decent fraction of the new-to-off-years voters make a habit of their participation in non-Presidential contests, they could have the numbers to stay ahead of that demographic wave, at least for one more cycle. It surely wouldn’t have cost them anything to design a straw poll that included all of the relevant candidates. I have no idea why they chose not to do so.

Posted in Election 2014 | Tagged , , , , , , , , , , , , , , , | 5 Comments

EV Day 10: Two normally big days to go

EarlyVoting

We have completed ten days of early voting. Traditionally, the last two days are the big ones. Will we see the same this year? First, here are the comps:

2013
2011
2009
2007

Here’s a look at how turnout has gone over the first ten days of early voting for the past three municipal elections, and for the last two days:

Year 10 Day Last 2 Final Last2 % ====================================== 2013 80,959 2011 40,389 18,156 58,545 31.0% 2009 51,997 28,519 80,516 35.4% 2007 33,247 17,017 50,264 33.9%

Based on that, we can estimate final EV turnout at between 115,000 and 125,000, based on the 10 day total being between 65% and 70% of the final total. Obviously, we are in uncharted territory here, so it’s certainly possible that the last two days will be a smaller portion of the whole. We’ll just have to see.

I’m going to hold off on estimating final turnout until after early voting concludes. Some other folks have posted thoughts on turnout, runoffs, and so forth. Here’s a sample of them, with my comments, starting with turnout thoughts.

Campos:

In 2009, 178,777 votes were cast in the H-Town city elections. In 2009, 10,152 voted by mail and 52,276 voted early in person.

According to Kyle, through Monday 12,886 had voted by mail and 29,532 in person.

Kyle also says that 72% of the vote are hard core voters – they voted in the last three city elections.

It looks to me that we are not going to reach the 2009 total. It will be interesting to see if mail ballots and early voting in person exceed next Tuesday’s turnout. Stay tuned!

I’ve never thought we’d approach the November of 2009 turnout level, but the December of 2009 runoff level, which is a bit more than 150,000 votes in the city, is possible. I do think that at least half of all votes will have been cast by the end of early voting. In other words, I do think 2013 will be like 2008 for city elections.

Robert Miller:

With 52,170 votes already cast, you can see that, as expected, Harris County will disproportionately affect the outcome of the statewide constitutional amendment propositions. In 2011, 695,052 Texans voted in the constitutional amendment election, with 152,597 votes being cast in Harris County or 22%. In 2013, it appears the Harris County may approach 30% of the statewide total.

An analysis of the City of Houston vote by Kyle Johnston of Johnston Campaign estimates that through the first five days, the ethnic breakdown of those casting Houston ballots is African American 32%, Hispanic 12%, Asian 1%, and Other (Anglo) 55%. Mr. Johnston also finds that of the City of Houston voters, 61% have a Democratic primary history, 34% have a Republican primary history, and 5% have no primary history. This partisan breakdown provides further evidence that the time has passed when a candidate running as a Republican can be elected Mayor of Houston.

Houston Politics has the latest version of Johnston’s analysis, through eight days of early voting. I do believe a Republican can be elected Mayor – surely CM Stephen Costello will be a strong contender in 2015 – but I agree that it is highly unlikely someone running as a Republican, with all that means today, could win.

Here’s Robert on the runoff question:

In the current mayoral election, Mayor Parker’s polling is showing her pulling away from Dr. Hall. According to her internal polls, the undecideds are breaking her way and Dr. Hall’s pro forma television buy is not sufficient to keep him in the game. Either the Mayor’s polls are wrong or she is going to win without a runoff.

Lots of people have been asking me this question. I think Mayor Parker can win without a runoff, but I’m not yet ready to bet my own money on that. That’s my answer until I see the first round of results on Tuesday night.

New Media Texas:

I’m no expert, but I’m predicting a runoff for the mayor’s race between Parker and Hall. Mayor Parker barely slipped by with %50.83 of the total vote on Election Day in 2011 with 5 opponents–none of whom I could name without Google. With an open seat in the African-American dense District D and a pool of 12 driving up the AA vote and Hall’s hefty war chest, he’s worth about 30% on November 5th. He’s got a pretty impressive team, although it’s apparent he’s not allowing them to perform at their full potential.

This time around Mayor Parker’s not facing 5 opponents, she’s facing 8. She’ll come out on top on November 5th, but without the 50.1% it takes to avoid a runoff–just my opinion. If I had to guess it, I’d put her numbers somewhere around 47% or so looking at the spread–Hall and Eric Dick, who brought in about 8% in his race for at large in 2011, finishing off the top 3. I’m pretty sure Dick will bring similar numbers this time around.

If Parker gets 47% and Hall gets 30%, then Dick and the other candidates have combined for 23% of the vote. Based on past history and my own observation of those campaigns’ capabilities, I think that’s unlikely. I think the most likely route to a runoff is Hall topping 40%. Second most likely is Dick et al combining for about 15%. When I think about it this way, it seems to make a runoff less likely. But we’ll see.

Nancy Sims:

The Mayor’s race was expected to be much more intense but seemed to fizzle out towards the end. Initially, most of the pundits regarded Ben Hall as a serious contender to face Mayor Parker due to his ability to self-fund his campaign. Pundits also like good political theater.

However, Mr. Hall has let down most everyone in that regard. While he has spent lots of money, he consistently hit the wrong note with voters. He went dark on TV while Parker steadily blasted him with attack ads.

Council races also seem to be flying slightly below the radar. When I ask any average voter (non-immersed politico) about At-Large Position 3, they look at me blankly. When I name a few of the candidates running they sometime have a glimmer of recognition. A number of people have seen the billboard Roy Morales has on 1-10 at Silber. Many have heard of or seen signs for Michael Kubosh. If they are party connected, they probably know Rogene Calvert, Kubosh or Morales. Some know Roland Chavez has been a fire fighter and inner loopers seem to know Jennifer Rene Pool. This race is anybody’s best guess. Pundits think Kubosh wins but most won’t predict who is in a run-off with him.

Agree that At Large #3 is anybody’s guess. Still not convinced Kubosh is a sure thing for the runoff, but I have nothing to back that up. I’ll be very interested to see how the precinct breakdown goes in this one.

Texpatriate thinks that if Mayor Parker wins without a runoff, she may not get as amenable a Council for herself as she could have gotten.

Democrat voters are lazy. The preceding statement, while often controversial, is extremely true nonetheless. Presidential elections, those with higher turnout, see outcomes significantly more amicable to the Democratic Party in this State. As voter turnout drops into the low single-digits, Republicans become more and more successful in the heavily Democratic city of Houston.

For example, in the 2011 At-large position #5 election, the incumbent Jolanda Jones garnered a full 39% of the vote. Laurie Robinson, a likewise Democrat, earned a further 20% of the vote. According to reasonable inferences, Jones should have crushed her opposition in a runoff with close to 60% of the vote. However, when runoff election day came, Jack Christie defeated Jones with over 54% of the vote, rising over 21-points in the polls in the interim. The rise of 21 percentage points, however, was offset by actually about receiving 5000 fewer votes. This was possible because of a devastating drop in voter turnout. Without the Mayor’s race at the top of the ticket, over 1/3 of the electorate stayed home, allowing candidates severely out-of-touch from the interests of Houstonians to get elected.

The same thing will happen this year is Mayor Parker is re-elected in November without a runoff. Let us assume arguendo that this happens. The At-large position #3 will descend into a runoff between Michael Kubosh and one of the three major Democratic candidates (Rogene Calvert, Roland Chavez or Jenifer Pool), which Kubosh will decisively win without Annise Parker at the top of the ticket.

Similarly, I think there is a good chance Andrew Burks and David Robinson go into a runoff in At-large position #2. In that race, the comparably more conservative Burks will defeat Robinson in a runoff election that does not feature a Mayoral component.

If Kubosh replaces Noriega on the City Council, the horseshoe will be split 8-8 between the Mayor’s friends and her ideological opponents. (Costello, Davis, Cohen, Boykins/Richards, Gonzalez, Gallegos/Garces, Laster and Green vs. Burks, Kubosh, Bradford, Christie, Brown, Martin, Hoang and Pennington). Parker’s third term would be irreversibly marred by a recalcitrant and unreasonable City Council (similar to how President Obama’s last six years in office have been ruined by the House).

I don’t buy this analysis. For one thing, Andrew Burks, who has very little in his campaign coffers, doesn’t drive turnout. In 2009 and 2011, he greatly underperformed other African-American candidates on the ballot in runoffs – Gene Locke, Ronald Green, and Jolanda Jones twice. I think Burks will do better if Ben Hall is spending vast sums of money pushing African-American voters to the polls in December than if he is left to do that job for himself. I agree that the Republican Kubosh is likely to do better in a lower-turnout environment, but it’s not clearcut. Remember, Republicans were the biggest supporters of red light cameras in the 2010 referendum, so if Kubosh is running on that achievement, it may cut against him in a two-person race. I just don’t think we can make blanket statements about who does or does not benefit in a runoff if there’s a Mayoral race there or not.

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Not all of HB2 was blocked

That injunction didn’t cover everything.

As state officials appealed a federal judge’s order blocking a portion of Texas’ new abortion law, a prohibition against performing the procedure after 20 weeks of pregnancy quietly took effect Tuesday.

While the ban will affect only a small percentage of abortions in Texas, abortion rights proponents say the new restriction will mean that women who learn late about serious birth defects or face life-threatening conditions themselves no longer will have the option to terminate their pregnancies.

Previously, abortions could be performed up to the 24th week, except to save the life of the mother.

[…]

Meanwhile, Texas on Tuesday joined 12 other states that have enacted bans on abortions after 20 weeks, though courts have blocked the laws in two of those states.

A 13th state, Arizona, banned abortions after 18 weeks; that law has been blocked by a federal appeals court, which ruled the law violated a woman’s constitutional right to end a pregnancy before viability, or when a fetus can survive outside the womb.

Courts previously have recognized 24 weeks as the point of viability.

Arizona has appealed that decision to the U.S. Supreme Court, which is scheduled to decide soon whether to review that case.

Janet Crepps, lead attorney for the Center for Reproductive Rights’ legal challenge in Texas, said her organization did not challenge the 20-week ban in Texas because it was more concerned about restrictions that could force clinics to close.

Back when the lawsuit was first filed, there was no indication that the 20-week ban was going to be challenged. I guess you can only fight so many battles at once. There is litigation over this coming from other states, so when all that inevitably makes it to the Supreme Court we’ll get a ruling one way or the other anyway. But between this and the rejection of the claims about the new restrictions on medical abortions, let’s not forget that the injunction granted on Monday was only a partial victory, and depending on what the Fifth Circuit Court of Appeals does, possibly a very fleeting one. It’s still all about winning more elections. For more on where things stand now with HB2, see Dahlia Lithwick, Scott Lemieux, and The Makeshift Academic.

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Texas blog roundup for the week of October 28

The Texas Progressive Alliance has its Halloween costume ready as it bring you this weeks’ roundup.

Continue reading

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Dave Wilson is up to his usual tricks

Yolanda Navarro Flores

As you know, Dave Wilson is running against incumbent HCC Trustee Bruce Austin in HCC District 2. I wasn’t sure at first if it was that Dave Wilson or not, but it unquestionably is. The fact that he’s running in HCC 2 isn’t stopping him from meddling in his usual slimy way in the HCC 1 race, where Zeph Capo and Kevin Hoffman are challenging scandal-prone incumbent Yolanda Navarro Flores. Here are front and back scans of a mailer Wilson has sent to voters in HCC 1:

Wilson mailer 1

Wilson mailer 2

Like fleas on a rat, Dave Wilson continues to cling to the body politic. Yolanda Navarro Flores then followed the path Wilson blazed:

Flores mailer 1

Flores mailer 2

She has also sent out a mailer touting the endorsement of some current and former elected officials:

Flored endorsement mailer

I wonder if these folks have any idea what else is being said on behalf of Yolanda Navarro Flores. Since she herself has (as far as I know) not asked Dave Wilson to stop saying hateful things about her opponents, perhaps her supporters might. So let me ask the following people:

HCC Trustees Carroll Robinson and Eva Loredo, whom I might add is my Trustee
Constables May Walker and Ruben Davis
CM Andrew Burks
Harris County District Clerk Chris Daniel
Harris County Treasurer Orlando Sanchez

Do you have anything to say about what Dave Wilson is doing in support of Yolanda Navarro Flores? Leave a comment, send me an email, post it on Facebook, just let me know one way or another and I’ll be happy to echo your sentiments. To be clear, I’m not calling on anyone to rescind their endorsement of Navarro Flores. I have no problem with anyone supporting her for whatever the reason. I am saying that I hope these folks would want to distance themselves from the Dave Wilson campaign playbook from which Navarro Flores is drawing. I don’t think it’s too much to ask to say that this kind of campaign rhetoric, like what HISD Trustee Manuel Rodriguez employed two years ago against Ramiro Fonseca, has no place in decent society. I especially don’t think it’s too much for Navarro Flores’ Democratic supporters, most especially those that will be on my ballot at some point in the future, to denounce such tactics. (Democratic voters in HCC 2 that have not cast their ballots yet might also note Navarro Flores’ support from the Texas Conservative Review. I’m just saying.) I look forward to hearing from you.

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