Ken Anderson accepts a plea deal

Some closure in the Michael Morton case.

Former Williamson County State District Judge Ken Anderson, who oversaw the wrongful murder conviction of Michael Morton as a prosecutor, was sentenced to nine days in jail on Friday and will surrender his law license as part of a deal to resolve criminal charges and a civil lawsuit.

Anderson entered into a comprehensive settlement involving all matters before the court. Those include a charge of criminal contempt tied to an accusation of failing to disclose evidence during Morton’s 1987 trial, and the State Bar of Texas’ disciplinary case against Anderson over prosecutorial misconduct allegations. Charges of tampering with evidence were also dropped as part of the settlement.

Presiding District Judge Kelly G. Moore ordered that Anderson’s jail sentence — a 10-day sentence with a 1-day credit for time served — should begin on or before Dec. 2. Anderson was also ordered to pay a $500 fine along with serving 500 hours of community service in the next five years. His resignation to the State Bar will be acted on by the Supreme Court of Texas and will be treated as disbarment. Anderson did not address the presiding judge during Friday’s session and exited the courtroom promptly after the hearing was adjourned.

“There’s no way that anything we can do today will resolve the tragedy that occurred related to these matters,” Moore said, before addressing Morton, who was present in the courtroon during the hearing. “The world is a better place because of you.”

See here, here, and here for some background. Grits said that “compared to what Morton faced”, the punishment Anderson received was “relatively weak tea”. I agree with the sentiment, but honestly anything short of a life sentence could be called that. For what it’s worth, Michael Morton himself seems satisfied with the outcome.

Morton sat in the front row of the courtroom on Friday with his wife, Cynthia, and his attorneys and celebrated with his legal team following the hearing.

“When it began, I was asked what I wanted. I said ‘The only thing that I want, as a baseline, is for Ken Anderson to be off the bench and no longer practice law,'” Morton said. “Both of those things have happened and more.”

“I don’t know if satisfying is the right word,” he added, but he said the Anderson case “had to be done.”

My hope is that this will serve as a cautionary tale for other prosecutors. Now they know there will be at least the possibility of real consequences for the bad behavior Ken Anderson displayed. The reforms that Sen. Rodney Ellis passed that will require more disclosure from prosecutors will be beneficial, too. These are steps in the right direction, and there will be more to follow. Nothing can give Michael Morton back what was taken from him, but he will help others avoid a similar fate, and that’s something.

Posted in Crime and Punishment | Tagged , , , , , , | 1 Comment

Of course Wendy Davis needs to talk about health care

It’s not even a question.

Sen. Wendy Davis

Sen. Wendy Davis

In order for Davis to defeat Attorney General Greg Abbott, her likely Republican opponent next November, political strategists say she needs to win big among two key demographics: Hispanics and white women. Among Hispanics in particular, Davis can’t let her Republican opponent claim more than about 30 percent of the vote.

Texas has a wealth of Hispanics not registered to vote, but with only a year before the election, Davis will need to focus on winning over and turning out registered Hispanic voters. That’s a taller order than in many states; against the national trend, in Texas Hispanics have been more open to supporting Republicans. Because 2014 is not a presidential election year, getting the base to turn out and vote could be a battle.

“The Latino vote will be more important in the Texas 2014 election than it has ever been before in the history of the state,” said Matt Barreto, co-founder of the polling group Latino Decisions. “If Davis can somehow find a way to engage and mobilize Latinos, she will have a very real chance to win.”

That’s where Obamacare comes in – though Davis is unlikely to call it that. Instead, she would be smart to talk about expanding Medicaid.

When Gov. Perry decided not to expand the state’s Medicaid program, turning down $100 billion from the federal government over the next decade under the Affordable Care Act, he consigned up to 2 million Texans to live without health insurance. According to the Kaiser Family Foundation, Hispanics make up 60 percent of the non-elderly uninsured and 34 percent of the poor in Texas. In other words, there are a lot of Hispanics who will not get coverage, or have to pay significantly more for health insurance, without the expansion. Davis needs to persuade them that it is Perry’s fault.

Unlike the rest of the country, or even the rest of Texas, Texan Hispanics do not distrust the Affordable Care Act. Polls last year showed 58 percent of Texan Hispanics want to keep the law, while 60 percent said the government should ensure access to health insurance. “Our polling data has clearly documented access to affordable health care is a very important issue to Latinos in Texas and this could be one of the issues, along with immigration, that could very much help Wendy Davis reach out to [them],” Barreto said. So Davis can issue Hispanics a stark choice: Vote for me and you’ll get health care; stay home or vote for Abbott, and you won’t.

I don’t dispute any of this, but it’s even more basic than that. Before we get to that long awaited/prophesied/hoped-for increase in Latino turnout, before we get to any Anglo suburban women who might be willing to cross over, Wendy Davis needs to make sure that base Democrats turn out. Not just off-year Democrats, but Presidential year Democrats. Some full-throated attacks on Rick Perry, Greg Abbott, and the rest of the Republicans for their fiscally irresponsible and morally reprehensible resistance to every effort to expand access to healthcare in Texas on top of their decade-plus record of doing absolutely nothing to address the problem themselves would be an effective way to get the faithful fired up. It’s a bread-and-butter Democratic issue, and I feel confident saying that Democratic voters want their candidates to be on the offensive. There aren’t enough voters at the margin to put us over the top if we’re not maximizing the voters we know we already have. It ain’t rocket science.

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

A lot of people wanted a piece of the Dome

Unfortunately, most came away empty-handed.

This one is not for sale

Wearing a floppy orange hat and an Astros baseball shirt, Dene Hofheinz grabbed a front-row seat for Saturday’s auction of iconic items from the domed stadium her father built more than four decades ago.

She joined thousands of others who waited for hours in long lines to get a piece of history from the world-famous Astrodome. Popular items, including stadium seats and squares of Astroturf, sold out as organizers acknowledged being overwhelmed by the turnout.

Ted Nelkin, whose family owned a sports memorabilia store in Houston for decades and formerly operated a trading card store at the Astrodome, waited more than 11 hours in line and left with a receipt for two pairs of seats, which he was told he could pick up in December.

The manner in which the sale was conducted was “the worst,” Nelkin said.

“I’ve got nothing good to say about it,” he said. “They could have cared less that we were there. It was ‘If you want your seats, you will wait in line as long as it takes.’ We were kept in the dark and had no idea of what to expect.”

Nostalgic fans started lining up around 5 a.m., three hours before the sale was set to begin at the adjacent Reliant Center.

Nelkin said he was told that organizers ran out of Astroturf pieces at 11 a.m. and ran out of physical seats that had been removed from the Dome by 2 p.m., forcing buyers to receive receipts for seats to pick up next month.

Mark Miller, Reliant Park’s general manager, said sale organizers expected about 1,500 people to show up but that the actual crowd was six to eight times that size.

“I apologize to everyone for the wait,” he said. “The sentiment for this building is just overwhelming, but the crowd was very cordial and very understanding, and we had no real issues.”

[…]

“We were going to feel good if we had sold 500 pairs of seats,” Miller said. Instead, organizers sold 900 pairs and accepted orders for another 1,500 pairs.

Miller said Reliant Park will conduct an online auction starting at noon Nov. 15 for customers who were unable to get to the Saturday morning sale. Plenty of seats remain, he said, but he is unsure how much Astroturf, if any, remains available.

The Reliant Park folks guessed at the level of demand for Astrodome items by basing it on the volume at other stadium auctions. Never let it be said Houston isn’t a sports town, I guess. As far as the subsequent online auction goes, I’d love to tell you more, but there’s nothing in the story about it, there’s nothing on the Reliant Park events calendar or on their Facebook page. So who knows when or at what URL it will be. On the plus side, that ought to keep demand under control. John Coby, who attended the sale and came await more disappointed than anything else, has more.

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Saturday video break: I’ll be in Scotland afore ye

Have you ever heard the expression “You take the high road, and I’ll take the low road”, and wondered where it came from? It’s from a traditional song called “Loch Lomond”. Coverville had a great version of it recently.

I love a sad song with a good melody. Googling around, I saw on the Wikipedia page for the song that there was an arrangement for symphonic band of the song by Frank Ticheli, who was for awhile the professor of music composition at my alma mater, Trinity University. So naturally, I had to find a version of that:

That same Wikipedia page also informed me of Bill Haley’s version, appropriately called Rock Lomond:

I think that spans the spectrum of this song pretty well.

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Steve Brown confirms he’s in for RRC

It’s official.

Steve Brown

Late Thursday, Steve Brown, the former chairman of the Fort Bend County Democrats, announced his candidacy to join the three-member Railroad Commission, the powerful agency that regulates the oil and gas industry, pipelines and natural gas utilities. He is vying for the seat now held by Barry Smitherman, who is running for Texas attorney general.

Brown said that, if elected, he would look for ways to keep Texas’ oil and gas sector growing while managing its less desirable impacts. “It’s important that we do all that we can to continue the abundant growth of our energy industry, as it is the engine of our state’s economy,” he said in a statement. “It’s equally important that this agency has the resources to quickly respond to everyday Texans’ concerns about safety, private property rights, and the environment.”

According to his Facebook page, Brown has worked on campaigns and in legislative offices of several public officials, including U.S. Rep. Sheila Jackson-Lee, D-Houston; state Rep. Sylvester Turner, D-Houston; and former U.S. Trade Representative Ron Kirk.

Brown said he wants to transform the commission into a “functional, twenty-first century state agency,” likely alluding to the agency’s decades-old computer and software systems that have strained its capabilities. The Legislature recently gave the agency permission to use millions of dollars in fees to begin an upgrade.

His website is here. Stace was first with the news, though we had a preview two weeks ago, and a hint before that. The filing period officially opens today, so expect to hear a bunch of candidate announcements over the next 30 days. Texas on the Potomac lists a few Democratic challengers to Republican members of Congress; note that Smokey Joe Barton is in CD06, so either they got the district wrong or the Dem in question is running against Kay Granger. I’ll be keeping an eye on all the filings going forward. One person who apparently will not be running, much to the disappointment of some observers, is wingnut “historian” David Barton. I’m sure there will be plenty of crazy to go around in other races. Please leave any reports or rumors of interesting candidacies that you know of in the comments.

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Theories abound about why the Dome referendum failed

I have three things to say about this.

We still have the memories

University of Houston political scientist Brandon Rottinghaus said the outcome of both county bond propositions, as well as the Katy stadium, is indicative of resistance among conservative voters to big-ticket spending items they believe are not necessary, or, in the case of the Dome, that could be paid for with private instead of public dollars.

Rottinghaus noted that dozens of redevelopment proposals from private companies have been floated for the Dome since the Astros moved out after the 1999 season. None of them have panned out, but Rottinghaus said county leaders did not adequately address a “burden of proof” to explain why the proposed “New Dome Experience” project had to be paid for with public money.

“These are fairly large numbers, and I think people look at that amount of money and are worried about the rising tax burden of their house,” he said.

[…]

Rice University political scientist Bob Stein, who conducted the pre-election poll, said the outcome of both county bonds proposals came down largely to lax, or disparate, campaigning by county leaders, not an unwillingness to spend.

“I just don’t think there was any significant effort to explain to people why they were doing this,” Stein said. “They just wanted the voters have a chance to say yes or no, which they clearly did.”

[…]

University of St. Thomas political scientist Jon Taylor pointed out that historic preservation groups, who drove a rented truck dubbed the “Dome Mobile” around Houston in the two weeks leading up to the election, actually campaigned fairly hard for the bond.

Considering there was no organized opposition, though, Taylor attributed the outcome to a “quiet conservative backlash,” with many voters “quietly without telling anybody saying ‘No, we are not going to accept this.’ And they didn’t.”

He and Rottinghaus also said they think that all the bonds approved last year could have led to “bond fatigue” for some voters.

“The voters may be wary of going back to what they consider a dry well,” Rottinghaus wrote. “Combine that with a growing sense that government should handle their fiscal matters more responsibly,” and you get “limited support for the Dome and the joint processing center.”

1. I doubt at this point that any of these professors have seen precinct data from this election yet. I know I haven’t. In the absence of such objective data, people will be influenced by their own opinions in explaining a vote like this. I personally lean closer to Prof. Stein’s explanation – all due respect, but driving a billboard around town doesn’t meet my definition of “campaigning hard”; to the best of my recollection, I got no mail, received no phone calls, or saw any ads relating to the Dome referendum. My personal opinion, as I have mentioned before, is that I think many people had become cynical about the whole thing. I think they didn’t trust the County after so many years of inaction and false starts, and I think they weren’t impressed by the New Dome plan. I do agree that many people were not willing to have their property taxes raised to renovate the Dome, but I think this was more about priorities than a general anti-spending mood. I base my opinions on anecdotes and hearsay, mostly resulting from talking to a few people on Tuesday night and from reading the arguments over the Dome at places like the Swamplot comments. I freely admit these are my own entirely non-scientific impressions, and I make no claim about their objective veracity.

2. To add on to Prof. Stein’s point about the city bonds from last year, I will note that Prop 6, the statewide referendum to create a $2 billion water infrastructure fund, received over 75% of the vote in Harris County (see page 2 here). That’s not quite the same as a bond, but that did have organized opposition who clearly cast it as a spending issue, yet that had little to no effect here, or overall. That said, the electorate for the city bonds in 2012 would be much more Democratic than the county voters this year, so the comparison to last year’s vote needs to be kept in perspective.

3. “Bond fatigue”, like “ballot fatigue”, strikes me as a lazy and meaningless expression that poli sci profs sometimes reach for when some pesky reporter is pressing them to explain something for which there is at best insufficient data. Let us please agree to drop these expressions from the vernacular.

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

Maybe there’s a problem with building roads where there are no drivers

The high speed toll road keeps having problems relating to not having enough paying customers.

Speed Limit 85

SH 130 has not been the immediate success story its backers had hoped. Last week, lower-than-expected traffic revenue prompted credit ratings firm Moody’s Investors Service to severely downgrade the SH 130 Concession Company’s debt and warned that a default may not be far off. The project’s stumbles are likely to draw increased scrutiny of how Texas plans to fund future infrastructure projects, though local and state officials are working to distinguish SH 130 from other toll projects in the works.

Moody’s downgraded $1.1 billion of debt tied to the project by five notches, from B1 to Caa3, considered junk status. It’s the second time the firm has downgraded the project’s debt, following an earlier downgrade in April.

“Bottom line is we believe they have enough money for their December payment, but they do not have enough money for their June 2014 payment,” Moody spokesman David Jacobson said.

The threat of a default could prompt the SH 130 Concession Company, a partnership between Spain-based Cintra and San Antonio-based Zachry American Infrastructure, to refinance its debt next year or inject additional money into the project. TxDOT could view an ongoing cash-flow problem as reason to terminate its toll contract with the company decades ahead of schedule, according to Moody’s.

[…]

The consortium spent $1.3 billion to build the southern portion of SH 130, known as Segments 5 and 6. Combined with the publicly funded northern portion (Segments 1-4), SH 130 connects Georgetown to Seguin, providing a 90-mile bypass around San Antonio and Austin. TxDOT officials have expressed hope that the road would someday serve as a popular alternative to congested Interstate 35 for those driving through Central Texas. Backers, noting the 50-year contract with TxDOT, also predict that future development in Lockhart and other small towns along the toll road’s route would lead to increased traffic in the future.

But the road’s location — about 30 miles east of the most congested portions of Central Texas — was viewed as a challenge from the start. Most other toll projects around the state are similar to the MoPac Express in Austin, which is adding toll lanes to the median of a congested highway. At last week’s ceremony to celebrate the start of construction, Capital Area Metropolitan Planning Organization chairman Will Conley said the project’s location distinguishes it from SH 130.

“I think this project is fundamentally different,” Conley said. “[SH] 130, of course, is a greenfield project and, I think, more of a longer-term-type project. Whereas, the day this opens, this is going to impact an immediate need on MoPac.”

See here for more on the April downgrade. A big part of the problem here is that there’s very few people where SH 130 is. That’s by design, of course, since it was intended to be a low-traffic option, but it means almost no one hops on it because it’s convenient. You have to plan to take it. It’s difficult enough to get people to change habits when the alternative you propose is easy to use and right in front of them. Just getting to SH 130 means going miles out of your way. It’s not quite as far out a detour as I first thought – here’s a map; I’d forgotten how much I-35 veers to the east, which makes it fairly close to I-10 for the first thirty or so miles out of San Antonio – but even in San Antonio, it’s passing through lightly populated territory. The towns it passes through between San Antonio and Austin are much smaller than their I-35 counterparts, too – Seguin has about 25,000 people and Lockhart has about 11,000, while New Braunfels has 57,000 and San Marcos has 50,000. I guess the bet that the SH 130 investors were making is that the population will grow around the highway, and I’m sure eventually it will, but eastern San Antonio – I’m talking along I-10 outside Loop 410 – doesn’t look that much different to me today than it did 25 years ago when I left SA for Houston. There’s a bit more development out there, but it’s mostly industrial, not commercial or residential. You want that, go west and north. Maybe 25 years from now it’ll be more built up. I don’t think the SH 130 Concession Company can wait that long.

Posted in Planes, Trains, and Automobiles | Tagged , , , , , , , , , , | 2 Comments

Friday random ten: Themeless again

Some weeks are more random than others.

1. MLF Lullaby – Tom Lehrer
2. Wild Night – Van Morrison
3. Lone Pilgrim – Big Medicine
4. My City of Ruins – Bruce Springsteen
5. Down The Dolce Vita – Peter Gabriel
6. Dance This Mess Around – Asylum Street Spankers
7. Apeman – The Kinks
8. Rooty Toot Galoot – Nevada Newman
9. I’m A Believer – The Monkees
10. Close To The Borderline – Billy Joel

Hope that was random enough for you.

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So what happens now with the Dome?

It’s mostly dead, but I suppose it’s not all dead just yet.

We still have the memories

The board of the Harris County Sports and Convention Corp., the county agency that runs Reliant Park, passed a resolution in April saying that if a vote were to fail, the agency would ask Harris County Commissioners Court to allow it to “prepare a plan to decommission and subsequently demolish the Reliant Astrodome.”

“That still stands,” said Willie Loston, sports corporation executive director. However, he said, “there’s nothing we have to do now. We’re awaiting direction. That’s the bottom line.”

All eyes now are on the five-member Commissioners Court, which holds the power to determine the fate of the vacant stadium, which has served as nothing more than a storage facility since city inspectors declared it unfit for occupancy in 2009.

[…]

“We said before the vote that absent a vote to transform the Dome into something useful that didn’t bankrupt the county or the taxpayers, then the likely result would be for the Dome to come down, but that’s not my decision – that’s the decision of Commissioners Court,” Emmett said this week.

Asked about demolition on Tuesday, Emmett said the event center plan was “the only option that was viable and, so if the voters rejected the only viable option, then I wouldn’t know where to go next.”

Strictly speaking, I don’t think Commissioners Court is required to authorize demolition at this point. Someone check me if I’m wrong, but I see no reason why they couldn’t choose to pursue another bond referendum next year, perhaps with one of the creative and unfunded plans that had been rejected. I also see no reason why they couldn’t continue to seek out a private investor, or just leave things as they are. They won’t do nothing, but it won’t surprise me if they take a little time before moving forward with something.

What that something is, even if it is the threatened demolition, remains unclear.

County engineers have estimated it would cost $20 million to demolish the dome and create an “open space.”

Precinct 3 Commissioner Steve Radack, who voted against the bond and predicted its failure, said he plans to push an idea to turn the dome into a detention pond after it is torn down, eliminating the need to fill in the hole – and the cost – and exempting the county from having to pay a controversial city drainage fee.

“We spend millions every year digging holes, so why would we spend $200 million covering up a pretty good hole that can help with flooding? It makes no sense,” he said.

If that happens, then I believe the very least we can do to commemorate what used to be there is to come up with an appropriate name for what follows. Something like “Lake Hofheinz” or if you prefer formality, the “Judge Roy Hofheinz Memorial Retention Pond”, for instance. Or maybe just call it “Radack’s Hole”. I think The People should be left to settle the question on this, too. Feel free to leave your own suggestion in the comments. Houston Politics, PDiddie, Swamplot, Burka, Mean Green Cougar Red, and Hair Balls have more.

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

Van de Putte update

Senator Leticia Van de Putte was at an Annie’s List event for Sen. Wendy Davis in San Antonio on Monday, and while the attention was on Davis, everyone wanted to know what was up with Van de Putte, too.

Sen. Leticia Van de Putte

Sen. Leticia Van de Putte

Davis has encouraged Van de Putte to run for lieutenant governor, but the San Antonio senator insists that she’s weighing her options.

“Very soon,” Van de Putte said about making a decision, although several sources said she would join the race. One guest at the luncheon, who spoke on condition of anonymity, said Van de Putte told supporters she didn’t want to distract from Davis’ event.

“She said that she was waiting for after this luncheon. … But she inferred she was running,” the source said.

I have three words: Run, Leticia, run! I don’t think there’s anything more I can add to that. The story also says that Sen. Carlos Uresti is hoping to make a decision before Thanksgiving about whether he will run for Attorney General. That would make that race a contested one, as Sam Houston is already in. For that matter, if VdP jumps in as we hope she will, she will also face a Democratic opponent in Maria Alvarado. It’s fine by me if there are some contested Dem primaries, as I’d like to have our candidates out there engaging voters from the get go. But first we need to finalize the lineup.

Posted in Election 2014 | Tagged , , , , , , , , , | 1 Comment

Ousted HCC Trustee Bruce Austin seeks recount

No surprise, but don’t hold out much hope.

BruceAustin

Longtime Houston Community College Board Trustee Bruce Austin on Wednesday said he will request a recount after narrowly losing his District 2 seat to his challenger in Tuesday’s election.

Small business owner Dave Wilson was ahead of Austin by 26 votes, based on complete, but unofficial results. A candidate needs to garner a majority of the vote to win. Wilson had 50.1 percent, while Austin got 49.9 percent.

HCC officials must canvass the votes and declare them official before Austin can request a recount. The canvassing process usually takes four to five days.

The history of recounts, in HCC and other area races is not one that offers much hope to Bruce Austin. There are likely a few provisional and overseas ballots to add in, but it’s improbable there are enough of them to affect the outcome even if they all go for Austin. Barring anything unprecedented, this result will stand.

Austin, who was first elected in 1989, said Wilson won the predominantly black district, which covers parts of north and northeast Houston, by deceiving voters. Wilson, who is white, deliberately did not have pictures of himself on his campaign website and his campaign materials, said Austin, who is black.

“He never put out to voters that he was white,” Austin said. “The problem is his picture was not in the League of Voters (pamphlet) or anywhere. This is one of the few times a white guy has pretended to be black guy and fooled black people.”

Wilson called Austin’s remarks racist. Running a campaign without photos shouldn’t matter, he said, noting that his picture was posted on one of Austin’s campaign mailers.

Disguising one’s identity like that is dishonest, but hardly unprecedented, and fairly mild as campaign misbehavior goes. It’s also way, way down on the list of bad things about Dave Wilson, and reasons why no decent person should ever cast a ballot for Dave Wilson. Despite Wilson’s protests, I’m sure plenty of people were fooled. But if they were, a large share of the blame for that must fall on Bruce Austin’s shoulders. I don’t know what kind of campaign Austin ran, but if Austin didn’t make it clear to the voters that Dave Wilson is a terrible, hateful person that has no business being elected to anything, that isn’t Dave Wilson’s fault. And maybe the next time Dave Wilson runs for something, the Chronicle can write about it before the election, and mention at least in passing his long history of hatred and homophobia. Just a suggestion.

Posted in Election 2013 | Tagged , , , , , , | 5 Comments

Bringing sriracha to Denton

It could happen.

It’s not exactly trending — not yet, anyhow — but #Sriracha2Denton is a thing, thanks to a Denton City Council member who smells an opportunity in the wake of a Southern California dust-up involving the beloved hot sauce that’s giving some residents burning eyes and headaches.

Kevin Roden threw it out there earlier today, and it caught on — because, well, why not. We asked via email if he’s serious. His response, via email: Absolutely.

“We have ample assets for a company like this,” he responded. Among them: “ready to go industrial land, a city-owned energy company with much power to leverage, located right where I35E and I35W converge for easy logistics and distribution, two major universities, a growing urban farm district, and citizens who love the product.”

Roden looped in Aimee Bissett, the director of Denton’s Office of Economic Development, who said that the city has yet to reach out to Huy Fong Foods or its president, David Tran. There’s still much research to be done, she says. For instance, she says, “I suspect but haven’t confirmed yet that their pepper supply may be grown in California.” That could put a dent in Denton’s dreams of becoming home to the most beloved hot sauce this side of, oh, Tabasco.

But, she says, “we have a growing urban farm district and local food movement and have the ability to bring them here.”

I suspect a devil-may-care attitude about environmental regulation may be a factor as well. I doubt this will amount to anything, but you do have to admire the initiative. See here and here for more on the dispute, and here for some helpful hints on how to survive the shortage if the dispute drags on. Texas Monthly has more.

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What’s on the agenda for Mayor Parker in her third term

Now that Mayor Parker has been safely re-elected, with a better-than-expected margin, what does she plan to do from here?

Mayor Annise Parker

Mayor Annise Parker

A triumphant Parker on Tuesday lauded her “decisive” victory but quickly shifted her focus to the coming two years, listing her third-term priorities as jobs, economic development, rebuilding streets and drainage, and financial accountability.

“There are no quick fixes. We’re rebuilding Houston for the decades, and we’re doing it right,” she said. “My election is over, but the work is going to get much tougher. … The next two years starts tonight.”

Parker had said for weeks she expected to avoid a runoff, and lately has acted the part, saying Monday she intended immediately to place controversial items before the City Council.

An ordinance targeting wage theft should be on the Nov. 13 agenda, she said, with a measure restricting payday and auto title lenders shortly to follow. Both items were discussed by council committees earlier this year before disappearing in favor of bland agendas during the campaign.

The council also should vote on a controversial item rewriting regulations for food trucks before year’s end, Parker said.

She said she also wants to pass a nondiscrimination ordinance similar to an item recently passed in San Antonio that prohibited bias against gay and transgender residents in city employment, contracting and appointments, and in housing and places of public accommodation.

Parker also has said she wants to expand curbside recycling service to every home in Houston, to finish an effort to reduce chronic homelessness, and to give Houston voters a chance to change the city’s term-limits structure, likely from three two-year terms to two four-year terms. She singled out homelessness and the Bayou Greenways initiative, a voter-approved effort to string trails along all the city’s bayous, Tuesday night.

Parker also has highlighted pending projects: the city is halfway through moving its crime lab from the Houston Police Department to an independent lab; voters’ narrow approval of a joint city-county inmate processing center on Tuesday will let the city shutter its two aging jails.

The mayor twice has failed to persuade the Texas Legislature to give her local negotiating authority with the city’s firefighter pension system; she will get another crack at it in 2015.

Another reform Parker said she wants to tackle is increasing water conservation in Houston, saying “we are one of the most profligate users of water of any city in Texas, and that has to change.”

A lot of this should be familiar. The wage theft ordinance was brought up in August to a skeptical Council committee, and the Mayor promised to bring it up on October 23. Payday lending is a to do items due to legislative inaction. The call for a more comprehensive non-discrimination ordinance was a recent addition that came in the wake of San Antonio passing its more muscular NDO. The crime lab and closure of the city jails are long-term projects that will move forward. It will be interesting to see where Council is on some of these, and it may be better for a couple of them to wait until the runoffs resolve themselves and bring them up next year. Finally, on the subject of water usage, there’s a lot we could do to affect that.

The one cautionary note I would strike is on term limits. You know how I feel about term limits, so I’m not going to go into that. My concern is that this necessarily means a change to the city charter, and that implies the possibility of a larger can of worms being opened. Which, maybe Mayor Parker would welcome, I don’t know. I personally have a hard time shaking the feeling that the goal of this exercise is to curtail the power of the Mayor one way or another – I have a hard time seeing us move to a City Manager form of government, but things like giving Council members the power to propose agenda items are in play. Which, again, may be something the Mayor wants to discuss, and even if it isn’t may be a good thing for the rest of us to talk about. I’ve said I’m open to the conversation, and I am. Doesn’t mean I’m not thinking about the possible ways it could go.

One more thing:

Parker said Tuesday she would not be a candidate for any office in 2016.

That was made in the context of speculation that the Mayor’s current agenda for Council might presage a run for statewide office. I don’t know what the Mayor’s plans are for life post-Mayorship, but I can say with a reasonable degree of confidence that of course she wouldn’t be a candidate for office in 2016. What office would she run for? The only statewide positions are Railroad Commissioner and judicial seats, and unless she wants to move out west and run against Steve Radack, the only county office that might fit would be Tax Assessor. The question to ask is whether she might be a candidate for office in 2018, and even I would have to admit that’s way too far off to really care about right now. Let’s see how these next two years go, and we’ll figure it out from there.

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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.

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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.

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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.

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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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