School finance trial still moving ahead

Ready or not, here it comes again.

A Travis County District Judge has decided to move forward with the state’s school finance trial despite some wavering about re-opening the case.

Earlier this month Travis County District Judge John Dietz revisited an order to re-open the case, which takes a look at if the state is adequately funding public school districts.

Attorney David Hinojosa is with the Mexican American Legal Defense and Education Fund and said some of the judge’s doubts were based on the idea that new school finance laws from Texas Legislature really didn’t change anything.

“He said that he was worried about the financial data in the system and how fresh it might be because school finance data the way it’s set up is you don’t know what changes are being made to enrollment and property wealth and tax collections until the fall of the next school year,” Hinojosa said.

[…]

The next court date is Oct. 4 inside Travis County’s 250th District Court — the trial is scheduled to start Jan. 21, 2014.

See here for the background. I would certainly prefer for Judge Dietz’s original ruling to stand, but as this will ultimately be decided by the Supreme Court, it makes sense to review all the evidence in light of the legislative session. No need to give the state and the Supreme Court an easy out on the appeal. It’s a pain to have to do it all over again, but better now than a few years from now.

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Third lawsuit filed against the voter ID law

The more, the merrier.

Still the only voter ID anyone should need

Still the only voter ID anyone should need

Two groups representing minority voters and officeholders sued to block the state’s new Voter ID law, which will be used for the first time in a statewide Texas election this November — barring intervention by a court.

The new law requires voters to show an approved photo identification card when they vote. Its requirements “have a discriminatory effect … and were enacted with a racially discriminatory purpose,” according to the lawsuit filed against the state by the Texas State Conference of NAACP Branches and the Texas House’s Mexican American Legislative Caucus.

[…]

In their suit, the groups said the new law “disproportionately prevent Latino and African-American citizens in Texas from voting in person and, in the totality of the circumstances, deny Latino and African American citizens an equal opportunity to participate in the political process and were enacted for that purpose.”

The suit was filed in federal court in Corpus Christi, where two similar cases are set for hearings later this month: one filed in June by a group including U.S. Rep. Marc Veasey, D-Fort Worth, and another by the U.S. Department of Justice, filed in August. Dallas County joined the Veasey lawsuit last month.

A copy of the suit is here, a scorecard of who’s suing for what is here, and a press statement from MALC is beneath the fold. I presume all these lawsuits will eventually be joined – a motion to do exactly that has already been filed – but the more resources going into fighting this terrible law, the better. Now we just need someone to file for a TRO to keep it from being enforced before the litigation concludes. I’m hoping that happens before November 5.

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Standing up for science

Sure hope it did some good.

A past Texas State Board of Education chairman and outspoken creationist urged his former colleagues on Tuesday to approve high school biology textbooks he said would “strike a final blow to the teaching of evolution.”

Appearing at a board hearing on new instructional materials, Don McLeroy, a Bryan dentist who lost his seat on the SBOE in the 2010 Republican primary, told board members that the science textbooks currently under consideration contained many “hidden gems just waiting to be mined by inquisitive students” that proved there was no evidence for evolution.

McLeroy’s testimony diverged from other witnesses skeptical of evolution, who criticized the proposed textbooks for inadequate coverage of alternatives to the scientific theory and asked the board not to approve them until publishers made changes.

[…]

The 15-member SBOE won’t vote on the 14 science textbooks currently under consideration until November. Chairwoman Barbara Cargill, R-The Woodlands, said the board would also discuss revising the state’s textbook approval process, which science education advocates have criticized for allegedly lacking transparency and including unqualified reviewers.

Cargill herself has drawn accusations of improper involvement in the review process from the Texas Freedom Network, a group that monitors religious influence in public schools, after reports that she encouraged creationists on the panels. Cargill said she only attended the meetings to thank volunteers for their work reviewing the texts.

State panels have been reviewing sample instructional materials since April. The panels, which are assembled by SBOE members, have included several prominent creationists and evolution skeptics, as well as others without a background in education or science. Their preliminary proposed changes obtained by the Texas Freedom Network pushed for the inclusion of more arguments critical of evolution.

[…]

Prior to Tuesday’s hearing, three SBOE members — Ruben Cortez, D-Brownsville; Marisa Perez, D-San Antonio; and Martha Dominguez, D-El Paso — expressed their disappointment with the process at a rally organized by the Texas Freedom Network. They said that publishers were being pressured into including non-science based arguments against evolution and called for only “content-relevant educators” to be included on review panels.

Cargill said during the hearing that she had asked publishers to voluntarily disclose for public review any changes they made to textbooks prior to their adoption. She also emphasized that any reports made by review teams were preliminary — and that in November, the board would take up suggestions about how to improve the process.

“I’m very appreciative of the reviewers themselves,” she said. “But we’ve got some work to do.”

Just as Rick Perry works to keep Texas sick, so does Don McLeroy work to keep Texas ignorant. TFN Insider liveblogged the hearing, and also provided some extra background. What happens from here I don’t know, but as always it would be a good idea to stay engaged, and to keep an eye on the November hearing. Finally, kudos to new SBOE members Cortez, Perez, and Dominguez for their involvement. Perez and Dominguez gave us some moments of uncertainty last year, but so far they’ve exceeded my expectations on the board. Eileen Smith and the Stand Up for Science Tumblr have more.

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CCA turnover

Nobody is running for re-election on the Court of Criminal Appeals.

All three Texas Court of Criminal Appeals judges whose terms expire in 2014 — one-third of the nine-member panel — have elected not to seek another term, setting the stage for unusually high turnover on the state’s highest criminal court.

“This is a lot leaving,” said Chuck Mallin, appellate chief in the Tarrant County district attorney’s office. “It’s always a scary proposition, because you don’t know what you’re going to get.”

Judges Cathy Cochran, Tom Price and Paul Womack each confirmed that they will not run for re-election in 2014. At least eight individuals have filed forms indicating they have appointed treasurers for campaigns to fill those seats, according to the Texas Ethics Commission. Candidates don’t officially file to run for state offices until later this year.

[…]

Just how different the court — and its decisions — will be after the elections will depend on who the winners are and the judicial philosophies they bring to the bench, she said.

Mallin, who has practiced before the court since the 1970s, said that he has viewed the its decisions over the last decade as “middle of the road.” And that’s where he’d like the court to remain.

“You never know what they’re going to do when they get on the bench,” Mallin said. “There can be a major change, and I’ve seen the swing.”

“The voters don’t really pay much attention to judicial races like they should,” he said. “They’re probably some of the most important offices that citizens are allowed to vote for.”

I certainly agree with that last statement. Grits takes issue with that “middle of the road” characterization, however.

Come again? The only thing more preposterous than calling the Court of Criminal Appeals under Presiding Judge Sharon Keller “middle of the road” is for a media outlet to quote a prosecutor mouthing such an absurdity without providing a rebuttal.

As of this writing, there’s not a single “middle of the road” vote on the entire court. Instead, the spectrum runs from conservative judges who rarely side with the defense to a more knee-jerk faction led by Judge Keller who reflexively rule for the government in virtually every circumstance.

The three departing judges fall into the former group, at least occasionally providing common-sense ballast to offset the Big-Government Conservatism of Keller and Co. In any other high court in America they’d be considered part of the extreme right, but on the Texas Court of Criminal Appeals they’re ostensible “moderates.” By contrast, Keller’s cohort often come off less like judges than prosecutors in robes.

What Mallin called the “middle of the road” in reality turns out to be the right-hand shoulder. And if one or two of these departing judges are replaced by Keller clones, there’s a real risk the court will just veer off into a ditch.

The best we hope for is for the voters to have real choices in the elections to replace these three judges. That means actually having contested elections in November, not just in March. The last time there were no unopposed candidates for the CCA was in 2002, an election in which these three retiring judges were all on the ballot. It’s hard to recruit for these statewide judicial races. You’re not going to raise any money as a candidate, especially not as a Democrat, but you do have to put your life and livelihood on hold while to travel around the state doing your part to represent yourself and your party. No one but the most dedicated voter will even know who you are or what you’re running for. That’s even before we discuss the long odds of actually winning as a D. But none of that matters now. If Wendy Davis really is running for Governor – and all signs point to Yes at this time – she needs a full ticket running alongside her. We need three qualified folks – seven, if you throw in the Supreme Court races – to step up and take the plunge. This is as even a playing field and as good a shot as you’re going to get. Texpatriate has more.

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Texas blog roundup for the week of September 16

The Texas Progressive Alliance thinks any day we’re not dropping bombs on someone is a pretty good day as it brings you this week’s roundup.

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Interview with Ben Mendez

Ben Mendez

Ben Mendez

My third and at least for now final interview in District I is with Ben Mendez. I’ve sent two emails to Leticia Ablaza and left two voice mail messages to arrange an interview, but as of this writing we have not been able to set an interview date. If and when we do, I’ll publish her interview later. As for Mendez, he is the owner of a construction services firm, having previously managed the Design and Construction Division at the Houston Police Department. He has also been a Council Member’s aide and a high school math teacher, and he serves on a number of non-profit and community-related boards. Here’s the interview:

Ben Mendez interview

You can see all of my interviews as well as finance reports and other information on candidates on my 2013 Election page.

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We need you, Leticia

Please decide soon.

Sen. Leticia Van de Putte

Sen. Leticia Van de Putte

Leticia Van de Putte did not announce her candidacy for lieutenant governor when she addressed the Bexar County Young Democrats on Wednesday night.

But it was the way Van de Putte didn’t announce it that provided encouragement to the 35 party activists in the Weston Centre conference room and fed the growing buzz that San Antonio’s veteran state senator might have her name on a statewide ballot next year.

This is what we know: Van de Putte is more amenable to a lite-guv campaign this time around than she was four years ago, when Democratic leaders urged her to enter the fray and she turned them down.

One reason the idea looks better to her now is that all six of her kids have graduated from college, and, as she said with a laugh, “are on someone else’s health care plan.”

The other obvious difference is the political phenomenon that Wendy Davis, Van de Putte’s friend and Senate colleague, has become since she filibustered for 11 hours on the Senate floor in opposition to a bill designed to restrict abortion access.

[…]

Van de Putte said she plans to meet with Davis sometime this week and made it clear that she wouldn’t entertain the thought of a statewide run without her friend at the top of the ticket.

“It has to be the right combination and a synergy,” Van de Putte told me after her speech. “It’s got to be a cumulative strength.”

While we wait for that decision, we get to put up with the joker that is our current Lite Guv and his chucklehead main opponent.

During his first public encounter with three Republican challengers, Lt. Gov. David Dewhurst on Monday spent an uncomfortable hour in Houston defending his 10-year record against assertions he allowed Democrats and “mob rule” to thwart the passage of conservative legislation.

In a debate sponsored by Houston’s Ronald Reagan Republican Women’s Club, Sen. Dan Patrick, R-Houston, said missteps by Dewhurst permitted Fort Worth Democrat Wendy Davis to nearly derail abortion regulations with a filibuster in June that could have been prevented.

“Wendy Davis should never have had the floor that day,” Patrick said. “There are many ways we could have stopped that from happening.”

Though Davis blocked passage of the bill only temporarily, Patrick blamed the theatrics surrounding the legislation on “a lack of planning, a lack of leadership, a lack of vision.” He said he decided to challenge Dewhurst after a shouting crowd in the gallery temporarily halted Senate work in late June.

“As lieutenant governor, I will not ever let mob rule take over the Senate,” he said.

[…]

Patrick claimed that Democrats have been allowed to block legislation on sanctuary cities and school choice largely because Dewhurst has given them too much power.

“I will not appoint half of the Democrats as chairman of committees,” he said.

Dewhurst responded that Democrats led only five of 17 Senate committees and assured the crowd that none of them was important.

I’m going to outsource my response on this to Ed Sills, who summed it up beautifully in his daily email:

Not important? This might be news to Sen. John Whitmire, D-Houston, who chairs the Senate Criminal Justice Committee. The panel has helped lead Texas toward some true cutting-edge, bipartisan reforms – perhaps the one area in which Texas has pioneered a progressive and much-imitated approach to legislation in recent years.

It might be news to Sen. Judith Zaffirini, D-Laredo, who chairs the Government Organization Committee, Sen. Juan Hinojosa, D-McAllen, who chairs the Intergovernmental Relations Committee, Sen. Royce West, D-Dallas, who chairs the Jurisprudence Committee, Sen. Rodney Ellis, D-Houston, who chairs the Senate Open Government Committee, and Sen. Leticia Van de Putte, D-San Antonio, who chairs the Veteran Affairs and Military Installations Committee.

(In fact, it was news to Van de Putte, who published a letter she sent to Dewhurst expressing “great shock” that he thinks the panel that addresses veterans issues was not “important.” See her letter.)

It might be news to Texas veterans, who have prospered from legislation approved by Van de Putte’s committee. It might be news to the many statewide Republican incumbents who have touted the importance of governmental “transparency” that neither Ellis’s nor Zaffirini’s committees matter much to Dewhurst.

It might also be news to Dewhurst, who apparently didn’t realize he has actually appointed six Democrats to chairmanship positions, not five. (Shades of Gov. Rick Perry?)

But the criticism here shouldn’t focus solely on Dewhurst. What Patrick is saying is even more dangerous for working families in Texas. Patrick has made it clear he wants the Texas Senate run like Congress, in which the majority party dominates the agenda and the process. More specifically, he wants it run like the U.S. House, where that dominance is closer to absolute; in the U.S. Senate, the minority party does have the ability to gum up the works and must be reckoned with.

If Patrick becomes Lieutenant Governor and has his way, the “two-thirds rule,” which requires that large majority to cast a procedural vote before legislation can be discussed on the Senate floor, would be no more. We knew that already, based on Patrick’s previous efforts to change the rule. What we didn’t know (though admittedly we could have guessed) was that Patrick apparently intends to let the Republican caucus do all the legislating whenever disagreement runs along partisan lines.

Given the number of enemies Dan Patrick has accumulated among his fellow Republicans, it’s entirely possible that the Senate – which gets to set its own rules, including the rules about what the Lite Guv gets to do – could strip him of power if he wins. Note the comments of the Texas Trib insiders to this point. Sure, they’d likely de-fang Lt. Gov. Van de Putte as well, but on the plus side, a Lt. Gov. Van de Putte would mean that the only way either Dan Patrick or David Dewhurst would get onto the Senate floor is with a visitor’s pass, after having been checked to make sure they’re not carrying any jars of feces, of course. BOR, Texpatriate, Texas Leftist, and Texas Politics have more.

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Perry keeps asking for the same Medicaid waiver he hasn’t gotten in the past

Same as it ever was.

Corndogs make bad news go down easier

Free corndogs with every approved treatment!

Gov. Rick Perry is preparing for yet another battle in his war against Obamacare.

In a letter to the state’s health agency on Monday, the governor laid out his plan to request a federal waiver to reform Medicaid as Texas sees fit — without expanding eligibility.

“Seemingly, the president and his administration are content to simply throw money at a problem and hope that any problems will resolve themselves,” Perry wrote in a Monday letter to Kyle Janek, the executive commissioner of Texas’ Health and Human Services Commission. “My response, and the response of the Texas Legislature, has been crystal clear: Texas will not expand Medicaid under Obamacare.”

Instead, Perry has asked that the agency request flexibility in the form of a block grant — a fixed amount of money, rather than matching dollars for Medicaid services — from the federal government to fundamentally reform Medicaid. Specifically, Perry requested that the agency seek a waiver that allows the state to make changes to the program without receiving federal approval, continue asset and resource testing to determine eligibility, and initiate cost-sharing initiatives, such as co-payments, premiums and deductibles, among other reforms.

The waiver “should give Texas the flexibility to transform our program into one that encourages personal responsibility, reduces dependence on the government, reins in program cost growth and efficiently improves coordination of care,” Perry wrote.

[…]

In a second letter sent to HHSC on Monday, Perry requested that the agency develop a mechanism to continue collecting and analyzing income, asset and resource information on Texans who apply for Medicaid benefits. That’s despite a provision in the Affordable Care Act — one that takes effect on Jan. 1 — that requires the state to stop asset testing to determine Medicaid eligibility.

A copy of the letter requesting the block grant is here, and a copy of the letter on asset testing is here. Texas has been asking for a Medicaid block grant since at least 2008, when the Bush administration rejected the request. Perry knows full well what the answer will be, he’s just going through the motions out of spite and the continued delusion that he’ll be appealing to Iowa voters in 2016. If the CMS assigned me the task of writing the response, I’d start out by noting that in any negotiation, there must be good faith and a willingness to give something to get something. As the primary purpose of block granting Medicaid is the limit services, and the primary purpose of the Affordable Care Act is to enroll more people in health insurance plans, Perry’s proposal demonstrates neither of those things. Just this week, we’ve seen two examples of other Republican governors agreeing to expand Medicaid. They both wrung some concessions out of the feds in doing so, but the end result will be more people getting access to health care. And Lord knows, we need a commitment to providing access to health care in Texas.

Texas continued to have the highest rate of people without health insurance in 2012 at 24.6 percent, according to the Current Population Survey estimates released by the U.S. Census Bureau on Tuesday.

“Texas has often had the highest uninsured rate throughout the country,” said David Johnson, chief of the Census Bureau’s Social, Economic and Housing Statistics Division. He added that additional data from the American Community Survey that the Census Bureau plans to release later this week would provide more specific information on health insurance rates in states and metropolitan areas.

The Current Population Survey estimates revealed that the national uninsured rate declined in 2012, to 15.4 percent from 15.7 percent in 2011. The national real median income and official poverty rate were not statistically different in 2011 and 2012, according to the estimates.

Thanks to the insurance exchanges and the ACA subsidies, Texas’ unacceptably high level of uninsured people will decline, though as always Perry is doing everything he can to keep as many Texans as possible sick and unable to do anything about it. Perry and his fellow Republicans just don’t give a damn about the problem. Until they do, I see no reason for the feds to waste any time on these pointless requests.

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Uber and insurance

Fascinating.

Shortly before midnight on a Tuesday night in March, a black Lincoln Town Car was heading south on Divisadero Street in San Francisco at the same time a Dodge Charger was approaching from the opposite direction. The accident that occurred next is a fairly common one: the Town Car was preparing for a left-hand turn as the Charger neared the intersection. The two cars collided along their front driver’s side bumpers (at varying speeds, depending on who’s doing the telling in the police report).

The next couple of moments are the weird ones. The Charger then careened through the intersection, sheared a fire hydrant off the ground, knocked over a tree and barreled into another one. A five-story tall geyser erupted from the corner as the hydrant flew up the sidewalk and struck a pedestrian. When police arrived, it was found lying 81 feet away.

As you might imagine, the front of the Dodge was badly damaged. The driver is now suing the driver of the Town Car, a vehicle with livery plates operated under the company SF Limo Car Service. The pedestrian, who broke her leg and injured her back, is suing both drivers. She is also suing – and this is what makes this crash particularly interesting – the transportation-tech company Uber.

[…]

The whole chain of liability is a mess: A pedestrian was struck by a fire hydrant that was struck by a private vehicle that was struck by a Town Car whose driver had a contract with Uber – but no actual Uber passenger in the back seat. But the terribly fluky accident raises some more straight-forward questions, too: Just what does happen if you’re an Uber passenger in the middle of an accident, or the driver behind the wheel of someone else’s car on RelayRides, or the passenger who’s riding along during a collision on Lyft? Who will take care of you?

See here for my previous Uber blogging. Read the whole Atlantic Cities story, it’s worth your time. Locally, the cab companies in Houston have raised the insurance issue as the debate over Uber continues. Uber for its part maintains that it only contracts with licensed drivers that have their own insurance, so these questions should not involve them. As the story notes, however, Uber’s app puts Uber branding on the cars and drivers, so the matter is more complicated than that. I’ll be very interested to see how the litigation goes.

On a completely tangential matter, the North Central Texas Council of Governments is embarking on a discussion about Uber and other new transportation-enabling technology services like Lyft, and how to deal with their local cab codes to accommodate them (or not). As with the lawsuit above, it will be very interesting to see how that shakes out.

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Interview with Robert Gallegos

Robert Gallegos

Robert Gallegos

Next up in District I is Robert Gallegos. Gallegos works for the Harris County Sheriff’s Department, having previously been a Community Liaison for then-County Commissioner Sylvia Garcia. Before his stint in government service, he spent 25 years in Logistics Sales in Motor Freight and International Trade. He is also a longtime community activist, as the President of Houston Country Club Place Civic Club (HCCP) for 15 years, the founder and first President of the Greater Eastwood Super Neighborhood 64/Lawndale Wayside Super Neighborhood 88, and more. Here’s what we talked about:

Robert Gallegos interview

You can see all of my interviews as well as finance reports and other information on candidates on my 2013 Election page.

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Experts agree: Suburban women the key for Wendy

UH political science professor Richard Murray says so.

Sen. Wendy Davis

Sen. Wendy Davis

Nationally, Democrats have done pretty well in recent elections in large part because they run so strongly with women. In 2012, for example, former Governor Mitt Romney beat President Barack Obama 52 percent to 45 percent among men, but lost the overall popular vote because women went for his Democratic opponent 55 to 44 percent. The Democrats’ big national advantage with female voters is entirely driven by single women. Romney actually won married women 53 percent to 46 percent in 2012, but was crushed among unmarried women 67 percent to 31 percent.

Wendy Davis, like Ann Richards a generation earlier, will almost certainly do better with female voters in Texas, who make up 53-54 percent of the total vote, than the last four Democratic male nominees. Davis has particularly strong credentials, like Ann Richards, to appeal to single women, given her compelling person story of rising from trailer-park poverty to Harvard Law School and a successful political career.

I don’t want to suggest that gender voting will be decisive if Senator Davis runs, but it likely will be a major factor in cutting into the usual Republican majority.

UT political science professor/Texas Trib pollster James Henson agrees.

If there exists a combination of luck and strategy that can give Davis a realistic chance of victory, suburban women will likely be a necessary part of the equation.

This is because some of these women appear to be turning away from the Republican Party. Consider the last two election cycles. In the heyday of Tea Party enthusiasm, 50 percent of suburban women identified themselves as Republicans, according to the October 2010 University of Texas/Texas Tribune Poll, but that may have been the high-water mark. Two years later, in October 2012, 43 percent identified as Republicans. And in our most recent poll, June 2013, that number had dropped to 38 percent. Democratic identification over the same period increased 9 points from 37 percent to 46 percent.

One reason to think that suburban women might be part of an electoral solution for the Democrats: They haven’t been swept up in the conservative ideological surge personified by the Tea Party. Between October 2010 and June 2013, conservative identification decreased from 49 percent to 38 percent among these women. And in June, while 20 percent of voters identified themselves as Tea Party Republicans, that number was 5 points lower for suburban women. Likewise, 27 percent of voters expressed the opinion that the Tea Party had too little influence, but only 20 percent of suburban women agreed. And while U.S. Sen. Ted Cruz, the guest of honor at any Tea Party, enjoys a net-favorable assessment among Texans at +9 (40 percent favorable, 31 percent unfavorable), Cruz is slightly underwater with suburban women at -2 (34 percent favorable, 36 percent unfavorable).

Davis’ recent celebrity comes as a direct consequence of her support of abortion rights, which has inspired sometimes-vicious criticism. But opposition to her is far from unanimous among women, in part because suburban women are some of the biggest supporters of abortion rights in the Texas electorate: 45 percent think that abortion should be allowed in all circumstances as a matter of personal choice. This is a big gap compared with 38 percent of all Texas women and 36 percent of Texans generally — and only 13 percent of Republicans of both genders.

[…]

Whether Davis would be able to identify with and speak to suburban women in a non-presidential-election year remains an open (and speculative) question at this stage. But should she run, her prospects will hinge only in part on her ability to expand the electorate in ways that don’t simply rely on the speeding up of glacial demographic changes. She will also have to see coalitional components in the current pool of Texans already in the habit of voting. Suburban women who appear uncomfortable with the increasing power of far-right conservatives in the Texas GOP may be the place to start — they may be ready to be persuaded to make different choices come Election Day.

If two experts agree on something, it must be true, right? One observation I’ll throw in here is that if Ted Cruz is a less popular figure among suburban women than he is among other Republican-leaning groups, it will be easy enough to take advantage of this during a campaign and tie him to Greg Abbott. Cruz was Solicitor General under Abbott, so it’s hardly a stretch to connect the two. Even better, Cruz’s extra special brand of crazy fanaticism seems to make Abbott a wee bit uncomfortable. The script for some well-targeted ads pretty much writes itself. We’ll know soon enough if there’s a reason to write it.

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Once again, voter ID is a non-solution to a non-problem

Greg Abbott’s record is all the proof you need of this.

Still the only voter ID anyone should need

Still the only voter ID anyone should need

Attorney General Greg Abbott champions a requirement for voters to show photo identification to prevent ballot fraud. But such a rule would have deterred just a few of the cases his office has prosecuted in the last eight years.

Abbott, who’s making his defense of the state’s voter ID law a centerpiece of his campaign for governor, has pursued 66 people on charges of voting irregularities since 2004. Only four cases involved someone illegally casting a ballot at a polling place where a picture ID would have prevented it.

In most cases, voter-fraud violations in Texas have involved mail-in ballots. A few involved felons who aren’t allowed to vote. Some involved an election official engaged in illegal behavior. But none of those would have been stopped by the photo ID requirement.

Nevertheless, Abbott defends voter ID and says the fact that he hasn’t found many cases of in-person voter fraud doesn’t mean there aren’t any.

In his most extensive interview on the issue as attorney general, Abbott cited a Supreme Court opinion upholding photo ID in an Indiana case. The high court suggested the presence of absentee-vote fraud likely means voter-impersonation is happening as well.

“Anyone who thinks there isn’t cheating going on at the ballot box is wrong,” Abbott said. “It doesn’t matter that the cheating is in-person voter impersonation or absentee ballot. The Supreme Court says it doesn’t matter. What matters more is the integrity of the election system.”

The attorney general’s role defending the law and his record prosecuting voter fraud cases, mostly against Democrats and racial minorities, could become an issue in next year’s elections, when Abbott is seeking the GOP nomination for governor.

And in the meantime, the law is one of the frontiers in the escalating national battle over voting rights. The U.S. Justice Department and Texas Democrats are challenging the 2011 Texas law requiring ID in court. The law requires state-issued photo ID, such as a driver’s license or a concealed handgun permit. It has yet to be used in a major election.

Supporters say photo ID is an effective way to prevent ballot fraud. Opponents say there’s no evidence of widespread fraud in Texas and the law’s real intent is to suppress the votes of people who tend to vote Democrat, particularly lower-income people, blacks and Hispanics.

“If you really wanted to go after all the voter irregularities, you’d be looking at mail ballots,” said state Rep. Trey Martinez Fischer, the San Antonio Democrat who chairs the Mexican American Legislative Caucus. “You’d be looking at poll worker activity and electioneering. You’d be looking at the aggressive groups that are out there intimidating voters when they stand in line at a polling place.”

Fischer said Abbott’s own record prosecuting few cases in which photo ID would have been effective suggests the requirement is about putting obstacles in the way of Democratic voters, not stopping illegal voting.

Abbott’s justification for his relentless voter fraud hunting is pretty much the same as the justification Bigfoot hunters give. His pursuit is only marginally less irrational.

Look, it’s not just that if you really cared about the integrity of the vote you’d ask the Legislature to do something about the cases that have made up almost 95% of your prosecutions, instead of obsessively focusing on that tiny minority of them. There’s also the ridiculously and selectively restrictive nature of the voter ID law, in which a concealed handgun license is valid ID but a student ID isn’t. There’s the pathetically non-existent effort to provide IDs for those that don’t have them, such as making people who don’t have drivers licenses travel up to 200 miles to get a valid alternative ID. And of course there’s the separate but equally problematic legislation to crack down on voter registration. (See this otherwise amenable to voter ID editorial from the Star Telegram for a list of things the Lege could have done but chose not to do to make the law somewhat less onerous.) Putting it all together puts the lie to the claims about protecting the integrity of the vote. It’s always been about making it harder for certain people to cast a ballot. If the claim that voter ID was really about “protecting the integrity of the vote” was one of Abbott’s prosecutions, the charge would have been dismissed by now. Trail Blazers and EoW have more.

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So what is the capacity of the Katy Freeway these days?

This story was about the increase in the toll on the managed lanes of the Katy Freeway, but there was a tidbit at the end that caught my eye.

600px-i-10

When officials started widening the freeway in 2003, at an eventual cost of $2.8 billion, their goal was to ease congestion in one of the area’s most clogged corridors.

The freeway then had 11 lanes and was carrying more than 2.5 times its capacity of 79,000 vehicles per day. Now with 20 lanes in some spots to flow traffic – including the managed lanes and frontage roads – the freeway can handle more vehicles, but demand is increasing as well.

In 2003, the average daily traffic count along I-10 at Wirt Road was 202,500, according to the Texas Department of Transportation. By 2011, the last year for which verified counts are available, the average traffic at Wirt was 274,600, a 35 percent increase.

[…]

Yet the freeway still isn’t as congested as it was prior to the widening, said Alan Clark, manager of transportation air quality programs for the Houston-Galveston Area Council.

“It is still vastly better than it was before,” Clark said. “Particularly it is easier to handle incidents. If there was an accident or problem on the freeway before the widening, the whole thing practically shut down.”

So the pre-expansion capacity of the Katy Freeway was 79,000 vehicles per day, and they basically doubled the number of lanes, what is the capacity today? I don’t know if you’d simply double that 79,000 per day figure, or if the math is more complicated than that. It sure would have had to go up quite a bit – like, almost four times as much – to stay ahead of that 274,000 vehicles per day average we’re seeing now. To say the least, I have my doubts about that. I sent an email to Chron reporter Dug Begley to ask about this, but he never replied. My point here is that way back when this expansion was still a twinkle in John Culberson’s eye, critics of the expansion were predicting that traffic levels would quickly rise to fill the extra capacity that was being built. Sure looks to me like they were right. No question, I-10 needed to be expanded, but where do we go from here? The design of the widened I-10 left no room for rail, further widening seems unlikely, and going up with a second deck or down with a tunnel would seem to be prohibitively expensive. Denser development with more and better transit is starting to look pretty good, isn’t it? Maybe we’ll have better luck with that next time.

Posted in Planes, Trains, and Automobiles | Tagged , , , , , , | 6 Comments

Interview with Graci Garces

Graci Garces

Graci Garces

The final open District Council seat is in District I, where CM James Rodriguez is termed out. Four candidates vie to succeed him, including one from 2011. The first candidate for review here is Graci Garces. Garces is the Chief of Staff to CM Rodriguez, having previously worked for then-CM Carol Alvarado. Prior to that, she was a legislative staffer in Austin, working for the late Rep. Irma Rangel, Rep. Juan Escobar, and Rep. Dora Olivo. The nature of the city’s relationship with the state legislature was among the things we talked about in the interview:

Graci Garces interview

You can see all of my interviews as well as finance reports and other information on candidates on my 2013 Election page.

Posted in Election 2013 | Tagged , , , , , | 4 Comments

Lambda Legal challenges Texas Military Forces on benefits

Good.

An LGBT legal group has given the Texas National Guard 10 days to respond to its request that it begin enrolling same-sex spouses of service members into the federal Defense Enrollment Eligibility Reporting System (DEERS) at its facilities. DEERS is the system used to process military benefits, including providing service members and their families with the military ID card that gives them access to military facilities and other services.

The move likely is the final step before the legal group, Lambda Legal, would go to court seeking to force the Texas National Guard to end the differential treatment.

[…]

On Friday, however, Lambda Legal — an LGBT legal advocacy group — sent a letter to Major General John F. Nichols, the man responsible for running the Texas National Guard, letting Nichols know the group is representing Alicia Butler, the wife of 1st Lt. Judith Chedville — a member of the Army National Guard — and asking that the Texas Military Forces reconsider the decision not to process Butler’s request to be entered into the DEERS system.

Specifically, the lawyer, Paul D. Castillo, wrote:

The Texas Military Forces apparently takes the position that registering the same-sex spouse of a service member in the federal Defense Enrollment Eligibility Reporting System (“DEERS”) and issuing a spousal ID, in fulfillment of the federal government’s legal obligation to provide federal spousal and family benefits to same-sex spouses, somehow would violate provisions of the Texas Constitution and Statutes that purport to deny State recognition to the out-of-state marriages of same-sex couples. This position is particularly dubious given that the “Federal Government provides virtually all of the funding, the material, and the leadership for the state Guard units” … including, specifically, DEERS and federal benefit administration for commissioned officers located in Texas.

Citing the Supreme Court’s June decision striking down part of the Defense of Marriage Act, he noted, “When voluntarily implementing federally-funded benefits programs on behalf of the U.S. Army National Guard, Texas may not violate the federal civil rights of eligible spouses of military personnel. The discriminatory treatment of lesbian and gay spouses of service members, including those in the Army National Guard in Texas, is illegal.”

See here and here for the background. Lambda Legal’s press release is here, and I think this sums it all up:

“This is just so silly and demeaning,” Butler said. “What they’re saying in effect is, ‘well, we don’t want to give you these benefits, but we have to, so we’re going to make it as inconvenient as possible.’ It’s incredibly petty, and does impose a real hardship that other couples don’t have to bear.”

“This stigmatizing and punitive policy conflicts with DoD policy to treat all military spouses equally and also seems to contradict the governing philosophy of Texas Military Forces to act in the best interests of all service members and families,” Castillo added. “We urge General Nichols to instruct his staff to stop this discriminatory behavior and enroll all eligible spouses of service members for federal benefits.”

Given that nearly every other state, including quite a few that also ban gay marriage, have complied with this directive, it’s hard to see how this could be legal. But then TXMF is taking its cues from Greg Abbott and his see-no-gays strategy, so it’s not exactly a surprise. I’m kind of hoping Lambda has to take TXMF to court – I figure every time Abbott loses a case, an angel gets his wings. But hey, as long as the good guys win in the end, I’ll be happy. See the full letter from Lambda Legal for more.

Posted in Legal matters | Tagged , , , , , , , , , , | 2 Comments

Perry’s empty job-stealing tour continues

Sorry, Maryland.

Corndogs make bad news go down easier

All your corndogs are belong to us

Gov. Rick Perry is taking aim at Maryland and its business climate — his latest effort to lure out-of-state companies to Texas.

In a radio advertisement, Perry slams Gov. Martin O’Malley, a Democrat who is considering a presidential bid in 2016, for turning Maryland into a “tax and fee state” with “some of the highest taxes in America.”

“When you grow tired of Maryland taxes squeezing every dime out of your business, think Texas,” Perry says in the minute-long spot, according to WTOP, a local radio station that serves the Baltimore and Washington, D.C., areas.

In a statement released by O’Malley’s office, the Maryland governor touted the state’s achievements under his leadership, including a 2012 U.S. Chamber of Commerce ranking as the top state for innovation and entrepreneurship.

“Instead of engaging in PR stunts, Gov. Perry should come to Maryland to see firsthand the better choices that have led to these better results,” O’Malley’s office said in the statement.

Once again, I will observe that for all the attention Perry gets for these silly and expensive PR stunts, I’ve yet to see a single news story about a single job that has been relocated to Texas as a result. It would be nice if the mainstream media noticed that if the goal was to entice businesses to move to Texas, the effort has been a complete and unqualified flop, so far at least. If his mission was to convince other states to be more like Texas in terms of tax philosophy, that too has failed. Of course, if the goal was to force everyone to pay attention to Rick Perry, then I will concede that he has accomplished his mission. But beyond that, who cares?

One more thing: The Baltimore Sun, in addition to providing some delightful snark, mentions a few inconvenient facts that Perry will never mention:

We don’t want to alarm those secessionists out in Western Maryland who may find themselves drawn to a state whose governor thinks along the same lines, but you might have to take a bit of a pay cut in Texas. Like about 29 percent.

The Perry economic miracle, it seems, has been swell if you fancy working for low wages or if you’re not so keen on things like health benefits. (Texas: No. 1 in the rate of the uninsured! Obamacare? No, thank you!) If, however, you’re interested in actually making enough money to support your family, or avoiding bankruptcy if you get sick, you might consider looking a little closer to home.

[…]

Ah, you might ask, what good is having the nation’s highest median household income if you’re saddled with all those pesky taxes? Quite a lot, actually. According to the Tax Foundation — not what anyone would mistake for a liberal organization — Maryland’s state and local tax burden is 12th highest in the nation, and Texas’ is 45th. So, factoring in Maryland’s rate of 10.2 percent versus Texas’ 7.9 percent, a typical family could stay here and pull down $63,000 after state and local taxes, or move to Texas and make a bit over $45,000. The cost of living is higher here, according to Census Bureau estimates, but the comparison still works out in our favor.

And what do you get for the money? The best public schools in the nation, for starters. And that’s not just the product of some formula Education Week came up with, it’s also validated by scores on Advanced Placement tests and the National Assessment of Educational Progress. It’s a little cheaper to go to college here, too, according to the College Board, and the trends don’t look good for Mr. Perry. In-state tuition has gone up 18 percent there in the last five years. Here? Two percent. You’re almost twice as likely to run into someone with a post-graduate degree in Maryland as you are in Texas.

As someone once said, “Oops!”

Posted in Show Business for Ugly People | Tagged , , , , , , | 1 Comment

HISD candidate sues to get back on the ballot

I missed this when it first happened.

Anthony Madry

Anthony Madry, a former administrator in the Houston Independent School District, filed a petition with the 14th Court of Appeals this week after HISD rejected his application to run for the school board.

A manager in the school board office, Veronica Mabasa, sent Madry a letter, dated Aug. 28, that she was rejecting his application under the state’s election law because it was incomplete.

Madry did not list the specific board seat that he was seeking on the application.

In his petition, Madry argued that he should have been given a chance to correct the omission. He submitted his application to the HISD board office on Aug. 21, five days before the filing deadline of Aug. 26.

State law says that applications must be reviewed within five days. The fifth day was the day of the filing deadline.

Attorneys for HISD said the district was correct in dismissing Madry’s application.

“Mr. Madry’s failure to identify the office he wished to run for, combined with his decision to file close to the filing deadline, is the reason that his application was properly rejected as required by law,” attorneys David Thompson and Lisa McBride said Thursday.

I generally don’t have a whole lot of sympathy for the candidate in these situations. The filing form is not complicated, and it’s not too much to ask to get it filled out correctly. Anthony Madry’s voter registration card lists him in HISD district 6. This is something a would-be candidate ought to know. And if state law gives school districts up to five days to review candidate filings, then it’s on the candidate to get those filings in more than five days before the deadline if they want to have a chance to fix any mistakes they might have missed. To the best of my recollection, previous candidates that have been disqualified for messing up their paperwork too close to the deadline have had no luck with the courts, but we’ll see. Here’s the court case information, if any lawyers want to armchair-quarterback it.

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

Weekend link dump for September 15

How to recognize and avoid falling victim to phishing attacks. If you don’t know what “phishing” is (it has nothing to do with these guys), you definitely need to click that link.

You want to know why some people are successful in politics? This is one reason why some people are successful in politics.

Hey, DC Comics, let us see Kate and Maggie’s wedding already.

The Simpsons as you’ve never seen them before.

“The results were striking: Drudge headlines featuring a variety of terms linked to race appeared more frequently after 2008, when Barack Obama’s presidential campaign kicked into full gear.”

Get ready for another wave of climate change disinformation from the usual suspects.

Along those lines, meet the Greenwashing Hypocrite Of The Year, if not the Decade.

Grocery stores keep amping up the technology to stay competitive.

Soon, even long passwords won’t be terribly effective against determined hackers.

“So is Aereo’s ascendance inevitable? On the legal front, the answer appears to be yes.”

The entire plot to the opera “Carmen”, as told by Facebook posts.

Bad tech conference organizer! No biscuit.

“The impact of the Law & Order franchise on society, and particularly on potential jurors, has been greatly understudied”.

“In other words, as long as there’s booze, gullibility and a pasture nearby, cow tipping will live on”.

Republican Congressional obstruction versus state-level Republican voter suppression.

The cult of shareholder value is a thing that needs to die.

Hey, Mudcat, thanks for demonstrating why so many folks thought your schtick a decade ago was a load of hooey.

“This is the kind of news coverage about a study that results in science and journalism about science losing credibility.”

What Joe Romm says about Naomi Klein.

Nearly three times more children and teens were injured by guns in 2010 than the number of US soldiers wounded in action that year in the war in Afghanistan; 82 children under five died from guns in 2010, compared to 55 law enforcement officers killed in the line of duty.”

Once again, the Marfa roadside Playboy bunny is a goner.

I’d make a lousy conspiracy theorist, because stuff like this just never occurs to me.

You know, if Mitch McConnell had a soul, I might be tempted to feel some sympathy for him.

“So [JK] Rowling is writing her own Hobbit, basically.”

Towards that end, here are five ideas for Potter spinoffs. I particularly like #s 4 and 5.

Now that we are officially an interstellar species, can we expect a visit from the Enterprise away team, inviting us to join the Federation? Or is achieving warp speed still a prerequisite for that?

For all the progress that’s been made with LGBT acceptance in sports, there’s still a lot more to be done.

And it’s one, two, two strikes you’re out…

Posted in Blog stuff | Tagged | Comments Off on Weekend link dump for September 15

We must destroy the pensions in order to save them

There’s so much wrong with this I almost don’t know where to begin.

Houston is the Titanic – it certainly looks impressive, but icebergs lie ahead. That’s the image that mayoral candidate Ben Hall drew when he talked to the Houston Chronicle editorial board last week.

No debate here. Like an iceberg on the horizon, public pensions threaten the budget of our booming city. That danger grows because we’re sailing blind – firefighters have refused to open their books to City Hall. How much will taxpayers owe? We don’t know.

It may seem like an issue for accountants, but pension problems have repercussions beyond balanced budgets. Just look at Oakland, Calif. The Bright Side of the Bay spends 75 percent of its budget on police and firefighter compensation. Yet it has cut 200 police officers since 2008, and crime is skyrocketing. The culprit? Growing pensions. In its last budget negotiations, Oakland allocated more funds for veteran officer benefits instead of new hires.

Bigger pensions, fewer officers, more crime.

The lesson for Houston is that policy changes won’t do much to stop criminals if ballooning pension obligations prevent us from hiring brave souls to stand on that thin blue line. Hall brings this issue to the forefront in his five-point plan on crime, which includes stabilizing pension challenges.

Well, at least this answers my question about what pensions have to do with crimefighting. Too bad it’s based on a large pile of unfounded assumptions.

– There’s no clear relationship between the number of officers on the street and levels of reported crime. This holds true all over the world, and it is especially true for homicide rates. The Wikipedia entry for crime in Oakland, which notes that Oakland has only 18 officers per 10,000 residents, includes this sentence at the end: “As of 2010, the city of New Orleans, whose murder rate outpaces that of Oakland, had 48 officers for every 10,000 people.” Oakland’s homicide rate was 26 per 100,000 residents in 2011. For New Orleans in 2010, it was 50 per 100,000. That’s with nearly three times as many police officers per 10,000 residents. By the way, Houston’s homicide rate for 2012, based on the raw numbers, was 9.6 per 100,000 residents.

– Oakland’s pension problems have been there since the very beginning of its pension program over 60 years ago.

By all indications, the city never had a plan to pay for the Police and Fire Retirement System when it was started in 1951.

It had a $38 million hole from the beginning, said Bob Muszar, a retired Oakland police captain and president of the Retired Oakland Police Officers Association. Muszar has spent years researching the pension. He said that by the 1970s, the pension’s shortfall had grown to over $200 million.

So the city, police and firefighters agreed to close the pension to newcomers, which voters approved.

In 1981, the City Council approved a parcel tax, which costs taxpayers about $447 a year on a $283,900 home, the city’s median value.

But that wasn’t enough. In 1985, the city issued $222 million in bonds to cover pension costs. In the following years, the city refinanced those bonds, issued hundreds of millions in new bonds, and refinanced those bonds.

Then in 1998, the city once again refinanced bonds and also entered into a complicated interest-rate swap with Goldman Sachs that now costs the city $4 million a year and expires in 2021. “The more creative they got, it’s almost like they started digging a hole and they got deeper and deeper,” said Muszar, who feels retirees have been scapegoated for the city’s mismanagement of the pension.

Sure is a good thing that kind of scapegoating could never happen here, isn’t it?

– Oh and by the way, while it is true that crime is up in Oakland, it is also up in many cities neighboring Oakland. I’ll leave it to you to calculate the officers per capita and pension situations for each. Point is, there generally isn’t a simple explanation for these things. The causes are complex, interrelated, and sometimes just plain random.

Back to the editorial:

In his meeting last week, Hall said that this means transitioning from pensions to a defined contribution system. Under Mayor Hall, future police, firefighters and municipal workers would have something like a 401(k) – just like everyone else.

“We are going to have to redefine the pension benefits as a defined contribution plan,” Hall said. “No question.”

This change would be admittedly difficult to pull off. Pensions are controlled by the state government in Austin, and some of Houston’s part-time legislators have full-time paychecks from those pensions. But right now the point isn’t accomplishment, it is debate.

So far, Mayor Annise Parker has led the charge against out-of-control pensions. She’s implemented reforms to lower the city’s burden and worked to open pension books so the city knows what it’s paying for. Parker has said she thinks the city can have pension plans that work and opposes switching to defined contribution plans. That is where she, and the debate, stop.

Hall finally lends a voice to those who want to nix future pensions entirely.

Thank God, Bill King finally has a Mayoral candidate he can support. I just wonder if this is what the firefighters thought they were getting when they endorsed Hall. But like Mayor Parker, this is where I get off. Because let’s be clear on something, pension plans generate vastly superior returns than 401K plans. High income workers in the private sector may do better with 401Ks than they would with pension plans, but lower income workers and public employees do better with defined benefit plans. Employers may do better under 401Ks, but that’s because they get to contribute less. Of course, that comes out of the hides of the employees. Not a bad deal for the Bill Kings of the world, who somehow never call upon themselves to make sacrifices for the greater good, but not so good for the affected employees.

Finally, the conflation of the police and firefighters’ pension funds just serves to muddle what the issues actually are. The city’s complaint about the firefighters’ pension fund is that they don’t have any say over how much they have to contribute to it each year. (Perhaps not coincidentally, the firefighters’ pension fund is also one of the best funded in the state.) The city would also like to negotiate over and try to wring some concessions on things like the deferred retirement option (DROP) and automatic cost of living adjustments (COLAs). The city has already gotten most if not all of the concession it sought from the police and municipal employees’ pensions, and if you listen to my interview with CM Costello, you’ll hear him say that the city has largely solved its long-term problems with these pension funds. There are issues in the short to medium term, resulting in no small part from the city’s underpayments to those funds in recent years, but once we’re past that the system is sustainable. Mayor Parker will tell you that if the city can negotiate changes to DROP and get some discretion on COLAs, it will have a handle on the firefighter’ pension fund. Whether you agree with that or you agree with the firefighters, the point is that replacing pensions with 401Ks is hardly necessary. Making bogus comparisons to Oakland or Detroit isn’t helpful.

Posted in Local politics | Tagged , , , , , , , , , , , , | 11 Comments

Villarreal not running for Comptroller

One name off the board.

Rep. Mike Villarreal

State Rep. Mike Villarreal said Wednesday he has decided against a statewide run for comptroller and will instead campaign for re-election in San Antonio’s District 123.

Villarreal said he has been encouraged by Democrat activists and colleagues to run for Texas’ chief financial officer but that obligations to his family, in particular his children in second and fourth grade, will keep him on the statewide sidelines for now.

“Timing is everything in politics,” he said, adding that he is “very optimistic” that this is the year Democrats will end their nearly 20-year cold streak and win a statewide post. “But the timing is not good for me.”

Villarreal, who represents north central San Antonio, studied economics at Texas A&M University, Massachusetts Institute of Technology (MIT) and Harvard and is chairman of the House Investments and Financial Services committee. A run at statewide office for any House member would require forfeiting their seat, and in this case, a chairmanship.

When asked what will be different this election cycle to turn the tides for Democrats statewide, he pointed to state Sen. Wendy Davis, D-Fort Worth.

I’m not terribly surprised by this, nor am I terribly disappointed. Like Sen. Davis, Rep. Villarreal would have to give up his seat to run statewide, which like her would mean giving up a lot for no sure thing, but unlike Sen. Davis he’d start out as basically an unknown, he’d have a much smaller fundraising base – Rep. Villarreal had $54K on hand in July, and raised $52,500 more in August, not exactly statewide numbers – and as candidate for Comptroller he’d have far less control over the outcome. No question, there’s a lot of Democratic talent in the House, but as I said before, I’d prefer to see other avenues taken before tapping that talent this year, as the steady replacement of mainstream Republicans by ignorant teabagger nihilists makes its presence in the lower chamber that much more vital. EoW suggests former Sen. Eliot Shapleigh of El Paso as a recruiting target, and I’m all in in that. For what it’s worth, the Dems do have a declared Comptroller candidate already, so at least we’re not trying to fill in a blank. Doesn’t mean we shouldn’t keep looking for better candidates, and we still have some other slots to fill, most notably Attorney General, but we’ll have to look at someone other than Rep. Villarreal to fill them. Texpatriate, whose interpretation of Rep. Villarreal’s remarks I don’t agree with, has more.

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The state’s head in the sand legal strategy

Slate and its invaluable legal writer Dahlia Lithwick take a look at the state of Texas’ determination to ensure that gay married couples stay gay married in Texas.

RedEquality

On Nov. 5 the Supreme Court of Texas will hear arguments regarding whether the men’s constitutional rights are violated by not granting them a divorce. J.B. and H.B.’s case is actually one of two same-sex divorce cases now pending before the Texas Supreme Court. In a second case, the same-sex divorce was granted to a lesbian couple after a state appeals court determined that the state of Texas intervened too late.

These cases have placed Texas’ highest state officials in the ironic—one could even argue rather romantic—position of fighting to keep two gay couples married to one another. Texas Attorney General Greg Abbott intervened in the J.B and H.B. divorce case, taking the position that “because the Constitution and laws of the state of Texas define marriage as the union of one man and one woman, the court correctly ruled that Texas courts do not have authority to grant a same-sex divorce.” Any other ruling, he said in a statement, would allow other states to impose their values on Texas.

[…]

These men are, after all, seeking equal treatment under law and access to their court system, which the Supreme Court has declared to be a fundamental right. Without access to the courts, they are unable to divide property and debt, settle child custody matters, clarify rights to Social Security, retirement, and health benefits, or resolve other vital interests. In addition to these practical considerations, there is an emotional interest at stake: A divorce decree brings finality and repose. It provides an opportunity to move on, because without a divorce these men are prohibited from remarrying. As Mary Patricia Byrn and Morgan Holcomb wrote last year in the University of Miami Law Review, denying same-sex couples a divorce implicates the “due process trinity” of the right of access to courts; the right to divorce; and the right to remarry.

Texas counters that J.B. and H.B. are far from trapped in the legal oblivion just described. They have a perfectly valid option: They can ask that their marriage be declared “void.” In other words, the state is willing to declare that their marriage never existed in the first place. Thus while the men wish to check the “divorced” box, the state is offering a chance to check the “never married” box instead. No harm, no foul.

But this is a transparently flawed solution. The fact is that these two men were married. Texas is trying to retroactively declare that a marriage deemed valid in Massachusetts was never real. And while a state’s ability to be hostile and dismissive to the desires of same-sex couples is still under debate throughout this country, a state’s inability to be hostile and dismissive to the legal declarations of other states is a pretty settled matter.

Simply voiding the marriage creates its own problems. The spouses might have had children or accumulated joint property and debt. Extinguishing the marriage from its outset would flush those legal rights down the drain. Children who were born or adopted to such marriages, for example, could find their legal rights vis-à-vis their parents brought into question. A spouse who raised those children while the other worked or went to school, meanwhile, might have no claim to alimony. As one court has put it, retroactively invalidating marriages would “disrupt thousands of actions taken … by same-sex couples, their employers, their creditors, and many others, throwing property rights into disarray, destroying the legal interests and expectations of … couples and their families, and potentially undermining the ability of citizens to plan their lives.”

But even that isn’t the most worrisome problem. Simply voiding a years-long, state-sanctioned marriage forces the couple to pretend that something as significant in their lives as their legal union never occurred. The state’s “attempt to ‘erase’ their lived history,” the ACLU and Lambda Legal brief argues, “is demeaning and demonstrates nothing more than a desire to express public disapproval of their constitutionally-protected intimate relationship.”

See here for more. Basically, the state is arguing that it has the right to stick its fingers in its ears and say “LA LA LA I CAN’T HEAR YOU!!” when the subject of marriage equality comes up because if it were forced to acknowledge the existence of same sex married couples via its courts granting divorce decrees it might get cooties or something. When your legal strategy is to claim that you should be allowed to pretend that something doesn’t exist, it would seem you are on inherently shaky ground. As with the redistricting argument that it’s okay for them to discriminate against minorities as long as they had partisan motives for doing so, you kind of have to admire the belief that they have a legal right to distort reality to maintain their precious worldview. Greg Abbott is clearly an underappreciated genius for coming up with such innovative logic. I wouldn’t put it past our State Supreme Court to buy what he’s peddling, but I feel pretty confident that the ship will eventually run aground on the shores of the federal courthouse. It can’t happen soon enough.

Posted in Legal matters | Tagged , , , , , , , | 1 Comment

No notary needed

Seems reasonable.

Many Houston business owners are celebrating a new ordinance that drops the need for a notary when applying for hundreds of permits and allows the city to offer more applications online.

The Houston City Council lauded the change as business friendly and tech savvy.

“So many of the permits require you to notarize your statements, which makes it difficult to do things online,” said Mayor Annise Parker. “We think you ought to be able to get virtually any permit from the city of Houston online.”

A state law passed in 2011 cleared the way.

A one-page bill, authored by Galveston Democrat Rep. Craig Eiland and passed without much attention, allows governments and courts, for the first time outside of prisons, to use unsworn declarations instead of notarized affidavits.

The same punishments for perjury are connected to the declarations, which favor simple language over legal terminology.

“It just means you don’t need to have a notary put a stamp next to it,” said Bruce Haupt, the city’s deputy assistant finance director. “It makes the paperwork side of this a lot easier.”

Bennett Sandlin, executive director of the Texas Municipal League, said he is unaware of any other cities updating their ordinances since the 2011 law. Like many business leaders, it was the first he heard of Eiland’s bill. “It sounds like Houston’s on top of it,” Sandlin said.

Like I said, seems reasonable to me. There’s no opposition quoted in the story, so if there’s an argument for requiring notarization of all these forms, I’m not aware of it. Generally speaking, reducing paperwork and letting stuff like this happen online is the direction we want to go. Anyone know of a reason why not? Please leave a comment and let us know.

Posted in Local politics | Tagged , , , , , , | 2 Comments

Saturday video break: (What’s So Funny ‘Bout) Peace, Love and Understanding?

Song #3 on the Popdose Top 100 Covers list is “(What’s So Funny ‘Bout) Peace, Love and Understanding?”, originally by Brinsley Schwarz and covered by Elvis Costello. Here’s the original:

Nick Lowe, whom I can’t say I’d ever heard of a few years ago, is one of those artists that I wish I’d known more about in my early music-buying days. Everything he’s been involved with that I’ve heard – and I largely have Coverville to thank for turning me on to him – has been worth listening to. Along the way I’ve discovered that he’s influenced more music, and more musicians, than I’d realized. Check him out if you’re not familiar with him and his output. Now here’s Elvis Costello:

As they said at Popdose, what exactly is so funny about peace, love, and understanding? The older I get, the bigger a sap I am. I’m okay with that.

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Here comes the Dome renovation committee

I was wondering when we’d see this.

Reliant Park and Harris County officials on Thursday announced the launch of a campaign to garner voter support for a plan to redevelop the Astrodome, with Harris County Judge Ed Emmett and Precinct 1 Commissioner El Franco Lee each pledging $5,000 to the effort.

A referendum to fund the project will appear on the ballot this November. If approved, the county would issue up to $217 million in bonds to turn the now-vacant stadium into “The New Dome Experience,” an energy-efficient event center flanked by an “inviting” outdoor green space.

Dene Hofheinz, daughter of the late Roy Hofheinz, who is credited with building the world’s first domed super stadium – dubbed “the eighth wonder of the world” when it opened in 1965 – also pledged a donation during a news conference at Reliant Center.

The campaign political action committee is being co-chaired by former Harris County judges Jon Lindsay and Robert Eckels and former Hispanic Chamber of Commerce President Irma Diaz Gonzalez.

Lindsay, who has been a vocal advocate for preserving the iconic structure, said the committee hopes to raise $250,000 from private individuals.

“We know, mostly, where we can get the money, and we’ll just see how it comes in,” Lindsay said. “The campaign is really focusing on that this is a special event center that will bring in major functions.”

Officials from Harris County, which owns the Dome and Reliant Park, and the Harris County Sports and Convention Corporation, the agency that oversees the complex and conceived the renovation plan, will drive the campaign, along with a coalition of local and national historic preservation groups keen on saving the structure.

See here for the previous update. I’d say the group’s first order of business is to give themselves a name, and after that it would be nice if they’d at least put up a Facebook page. The story notes that the annual Offshore Technology Conference has committed to using the renovated Dome, so that’s one more thing for the committee to tout in its sales pitch. Also of interest is the lack of a mention of any anti-referendum group so far. The lack of any organized opposition will make the committee’s job easier. But please, name yourselves. That will make my job easier.

On a tangential note, Hair Balls had two posts last week reviewing the history of stadium-building in Harris County, and Swamplot pointed to this call by The Architect’s Newspaper for some bolder thinking on how to re-do the Dome. Check ’em out.

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Jury duty pay raise

If you get called for jury duty, you’ll get a little extra something for your time.

District Clerk Chris Daniel

For the past two years, jurors in Harris County and elsewhere have been paid $30 a day or less for every day of service after the first, on which everyone must be paid at least $6 for showing up regardless of whether they are selected to serve. That is down from the $40-a-day pay the Legislature approved in 2005, when it gave jurors their first pay raise in half a century, increasing daily compensation from $6.

In 2011, facing a multibillion-dollar budget shortfall, the Legislature slashed that daily amount, to $28 initially and then $30 in October 2012, but also promised to restore it two years later. Starting this month, jurors began making $40 a day again.

Harris County District Clerk Chris Daniel, whose office oversees jury duty, is hoping the bump will encourage more people to respond to summonses, particularly low-income, retired and unemployed residents, and lead to more ethnically and socioeconomically diverse juries.

For that population, “every little bit helps to incentivize them to do their constitutional, civic duty,” said Daniel. “And while I believe there’s more that could be done to incentivize the lower economic brackets to ensure that we have a completely diverse jury pool, this is definitely a significant step in the right direction to make sure that the lower economic bracket can afford to come to perform their constitutional, civic duty.”

[…]

Sen. Rodney Ellis, D-Houston, who sponsored the 2005 bill that hiked juror pay for the first time since 1954, said he is “pleased that the drastic cut to already-low juror pay has been reversed,” but that $40 still is insufficient to entice low-income residents.

“I still think it’s time for the Legislature to have a serious conversation about increasing it beyond $40,” Ellis wrote in an email. “If our state’s goal is to have a jury of our peers, we have to recognize that far too many hard-working Texans struggling to earn a living wage can’t miss a day of work for just $40.”

This is nice, but it should be noted that the increase from the current $28 to $40 is only for the days after your first day of service. If you go in and don’t get seated, you get the same $6 for your presence as before. The bump to $40 is nice and long overdue, but it’s not close to a real day’s wage for anyone who doesn’t get paid while doing jury duty. That remains a matter for the Legislature to fix, and I wouldn’t hold my breath waiting for them. Be that as it may, as a reminder you can donate your more generous jury duty pay to a variety of good causes if you want to, and it’s as easy as going to the Juror General Information page to make it happen.

Posted in Crime and Punishment | Tagged , , , , , | 3 Comments

Good times for craft distillers

Just as Texas’ craft brewing industry finally got legislation passed that will allow them to operate more freely, so too did Texas craft distillers.

Gov. Rick Perry on Monday declared September “Texas Craft Spirits Month” as the state begins to implement new laws that give distillers more freedom to produce and sell in the state.

“I think that the main benefit of this is making sure that we have got a solid framework for our distilled craft industry to grow,” state Sen. Leticia Van de Putte, D-San Antonio, who co-sponsored four new laws that affect Texas distillers, said during a Monday press conference.

Van de Putte said the new laws put Texas in line with other states that have more relaxed distilled spirits laws, paving the way for Texas to quickly gain national traction in the industry. Distilled spirits include alcoholic beverages such as vodka, gin, tequila and rum. In Texas, distilling is a growing industry with companies like Treaty Oak producing rum and Deep Eddy Vodka making the drink named for one of Austin’s famous swimming holes.

“For the longest time, Kentucky and Tennessee have been the states that have had bragging rights on distilled spirits,” Van de Putte said.

Much of the new legislation seeks to put Texas distillers on a level playing field with other states, giving them more options to produce and sell. Under one bill co-sponsored by Van de Putte and state Rep. Ryan Guillen, D-Rio Grande City, Texas distillers can now buy beer and other liquor used in the making of spirits from other Texas distillers. Another bill by Van de Putte and Guillen allows distillers to solicit and take orders from wholesalers — something only out-of-state distilleries could do previously — and lets companies conduct product samplings at their distilleries with a specific permit to do so.

Daniel Barnes, president and cofounder of the Texas Distilled Spirits Association, said the new legislation would help the industry grow because consumers can now sample the products at the distilleries where they are made and talk to the experts who make them.

“They’ll be able to not only appreciate the craft spirit, but get to know us and get to know how to use craft spirits,” Barnes said.

See here for the background. You know that I approve of this, and would ideally like to see more done on all of these fronts to put craft brewers and distillers on even footing with their larger competitors and with other states. What we got was still a big win after a long and complex battle, and it’s very much something to build on. One of the things I noted when I blogged that earlier story was that the Yellow Rose distillery was planning to move from a suburban location to one near Old Katy Road and Loop 610 inside Houston city limits if these bills passed. They are in the process of moving and hope to have tours available beginning around Thanksgiving. I’m not a spirits drinker myself, but I’m glad to hear that and I wish them all the best.

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My father, the book critic

My dad emailed me the other day to inform me that he had written his first book review on Amazon, and to ask me if I might mention this on my blog. What’s even the point of having a blog if you can’t mention stuff like that on it, I ask you? So if you’d like some more opinionated writing on the Internet by someone named Charles Kuffner, head over to Amazon and see what my dad’s been up to.

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Friday random ten: The dogs, they really miss you

If you’ve seen my personal Facebook page, you know that we are hosting the hedghog that belongs to Olivia’s fourth grade class this weekend. In honor of that, I went looking for animal-related songs in my library. No hedgehog tunes, but enough dog, cat, and bird songs to get me through the next three weeks. Here are ten of my dog songs:

1. Little Dog Chorinho – Susanna Sharpe and Samba Police
2. Coconut Dog/Morning Dew – Solas
3. The Dogs, They Really Miss You – Austin Lounge Lizards
4. Guinness Dog – The Rogues
5. My Dog’s Still Walkin’ – Smokin’ Joe Kubek & Bnois King
6. Red Temple Prayer (Two Headed Dog) – Roky Erikson & Bleibalien
7. Rene And Georgette Magritte With Their Dog After The War – Paul Simon
8. Tie Your Dog, Sally Girl – Big Medicine
9. Underdog – Lager Rhythms
10. The Wild Dog – Hot Club of Cowtown

So far the hedgehog, whose name is Reggy, has been a pretty quiet houseguest. The girls think he’s awesome. As long as he and our dog never meet face to face, I think we’ll all be fine.

Posted in Music | Tagged , | 2 Comments

Interview with Georgia Provost

Georgia Provost

Georgia Provost

I’m wrapping up the week of District D candidate interviews today. There are a lot more candidates than the five I will have visited with, but there are only so many hours in the day, and I do the best I can with the time I have. Today’s conversation is with Georgia Provost. Provost is a photographer and owner of a photography studio/public relations firm. She is a longtime community activist and fundraiser for various charitable organizations supporting youth and law enforcement. Provost is a leader with the Texas Metropolitan Organization, the Executive Director of the TSU Bayou Bend Alumni/Ex-Students Association, Inc, and has won numerous awards for her community involvement; see this Forward Times story for an accounting. Here’s the interview:

Georgia Provost interview

You can see all of my interviews as well as finance reports and other information on candidates on my 2013 Election page.

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Time for a real NDO in Houston

Bring it on.

RedEquality

Last week, San Antonio passed an ordinance protecting gay and transgendered residents and veterans from discrimination. Houston Mayor Annise Parker says that vote “upped the ante” and that Houston should follow suit.

“It is absolutely something we should do, and the majority of council members have publicly stated they are in support of a nondiscrimination ordinance,” said Parker, the first openly gay mayor of a major American city. “But this is an issue that requires all of council to be engaged and agree it is time to move it forward. When it happens, we will do that.”

Parker’s spokeswoman Janice Evans said no action is expected before next year, and no specifics have been discussed.

City Attorney David Feldman said the wording would be tricky, given a 2001 voter-approved change to the City Charter prohibiting employees’ unmarried domestic partners – same sex and opposite sex – from receiving employment benefits.

The charter amendment also says the city cannot provide any “privilege” in employment or contracting on the basis of sexual orientation, which Feldman said has been interpreted to mean that gays could not be given preference, such as having their companies included in affirmative action contracting goals.

The charter amendment’s wording might allow a nondiscrimination ordinance to protect gays from discrimination in some areas, Feldman said, but more research is needed to be sure. Any Houston nondiscrimination measure would be odd, he said, because to comply with the charter, it would have to specify that some types of discrimination – specifically in the area of employment benefits – were allowed.

“We would have to either accommodate the prohibitions in the charter or, to effectuate it as San Antonio did, we would have to put an amendment on the ballot,” Feldman said. “The cleanest thing would be to take it the voters.”

Yes, yes, yes, yes, yes, a thousand times Yes. Let’s have a vote on this already. If you’ve been listening to my interviews, you’ve heard me ask all the candidates whether or not they’d support an effort to repeal that awful 2001 charter amendment, and for the most part the responses are positive. There had been some talk about putting a referendum over this on the ballot in 2012, but it never materialized. Because there were some minor charter amendments that were ratified on the 2012 ballot, the next such vote cannot take place until two years later. Since Election Day in 2012 was November 6 and Election Day 2014 will be November 4, that means the next eligible election for a charter amendment referendum would be May of 2015. I don’t know if it would be better to have it then or to wait till November of 2015, which may also feature an open-seat Mayoral race, but I firmly believe that given the relative closeness of the vote in 2001 and the changes in society and the Houston electorate since then that repealing the 2001 amendment would be a favorite. But by all means, let’s start talking about it now. Let’s make the case for repealing that discriminatory charter amendment, and for protecting the civil rights of all Houstonians. Let the haters like Dave Wilson make their case, too. The “morality” argument has basically crumbled to dust on them, and any claim on their part that they’re really nice people who just want to deny legal equality to others should be taken as the self-serving twaddle it is. So let’s get this started. I’m more than ready for it. Texpatriate, PDiddie, and Texas Leftist have more.

Posted in Local politics | Tagged , , , , , , , , , , , | 1 Comment

HPD disciplinary matters

Having recently talked about mayoral plans for crimefighting in Houston, let me recommend that you read Emily DePrang’s excellent two-part story about the discipline process at the Houston Police Department – here’s part one, Crimes Unpunished, and part two, The Horror Every Day. This would be something that a Mayor ought to try to get her or his arms around, however politically difficult it may be. The arbitration process needs to be revamped, the Independent Police Oversight Board and/or the city’s Inspector General need to have some power over the process, and the goal needs to be to remove the worst offenders from the force, as this is a classic case of a small number of bad apples spoiling the whole basket. I don’t claim to know how to accomplish these things, but it’s clear from reading the stories that they’re the top priorities if you want to effect change. Read them and see what you think.

Posted in Crime and Punishment | Tagged , | 1 Comment

SBOE getting set to review biology textbooks

TFN Insider sounds the alarm.

We already knew that creationists on the State Board of Education had nominated anti-evolution ideologues to sit on teams reviewing proposed new high school biology textbooks in Texas. We now have seen the actual reviews from those ideologues — and they’re every bit as alarming as we warned they would be.

Many of the reviews offer recitations of the same pseudo-scientific mumbo jumbo anti-evolution activists — like the folks at the Discovery Institute in Seattle — have been promoting for decades. Never mind, of course, that each one of those arguments has been debunked by scientists (repeatedly). No, they are insisting that Texas dumb down the science education of millions of kids with such nonsense.

Even more astonishing is a demand that “creation science based on Biblical principles should be incorporated into every Biology book that is up for adoption.” Some of the reviewers are clearly oblivious to the fact that teaching religious arguments in a science classroom is blatantly unconstitutional. The U.S. Supreme Court has made that abundantly clear.

Tuesday, September 17, is the first public hearing on the proposed new biology textbooks. Those textbooks could be used in classrooms for a decade. Come to TFN’s Stand Up for Science rally at noon on Tuesday in Austin and help us send a message to the anti-science fanatics on the State Board of Education: Stop putting personal agendas ahead of the education of Texas students and ensure that public schools provide a science education that prepares students to succeed in college and the jobs of the 21st century.

See this NCSE press release for more. We’ve been through this sort of review before, and it’s always a bizarre experience. You never know just what kind of crazy is about to be let out of the box. BOR and Bad Astronomy have more.

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Interview with Assata Richards

Assata Richards

Assata Richards

Continuing on in District D we have a conversation with Assata Richards. A single mother at the age of 17, Richards graduated high school and with the help of the Houston Urban League’s Education Department and the Young Mothers Residential Program (YMRP) at Project Row Houses, she earned a degree at UH and subsequently completed a PhD at Penn State. An adjunct professor of sociology at UH, Richards is the Program Manager of the Young Mothers Residential Program at Project Row Houses, the Vice Chair of the Board of Commissioners for the Houston Housing Authority, and the founding Director of the Sankofa Research Institute. Here’s the interview:

Assata Richards interview

You can see all of my interviews as well as finance reports and other information on candidates on my 2013 Election page.

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The voter ID effect

The conventional wisdom is that we’re unlikely to see the full effect of the voter ID law until next year.

Still the only voter ID anyone should need

Still the only voter ID anyone should need

The true test of how voter ID will affect voters — and whether it will sway elections — won’t come next month after a special election in Edinburg.

And it might not even come this year.

That’s the assessment of at least one opposition leader, Chad Dunn, an attorney with Houston-based Brazil and Dunn who represents plaintiffs in a current lawsuit seeking to block the law. It requires voters to furnish one of several specified forms of ID before casting a ballot, the most common being a state-issued driver’s license or ID card.

It’s hard to determine the effect before next year’s state elections, Dunn added, because turnout for local elections is paltry. Elections have been held in Galveston and are ongoing in the Rio Grande Valley, but the true test will be a statewide or heavily contested election in a toss-up or majority-minority district.

“I don’t expect the law to be enjoined by the primary in March, or whenever it gets moved back because of redistricting,” Dunn said, linking voter ID and another volatile issue, the Legislature’s redistricting efforts, which are also tied up in litigation. The court battle makes it possible the primary elections could be delayed.

[…]

Also at play is how election officials handle complaints or missteps, Dunn said. In Bexar County, he said, officials are likely to resolve issues quickly regardless of political allegiance, race or any other factor. In others, not so much.

“In counties like Harris, which is completely on the voter suppression bandwagon, whatever problems there are, aren’t getting worked out,” he said.

I have some hope that new Tax Assessor Mike Sullivan will be more interested in the nuts and bolts aspect of his job and less interested in leading partisan warfare on voter registration than his predecessors were. You have to admit that the recent history of the county in regard to voting issues is not encouraging, however.

I do think that the upcoming city of Houston election will provide a test of the new law, assuming as noted that it hasn’t been enjoined; while the Justice Department has intervened in the litigation, so far no motion asking for an injunction has been filed. It’s not unreasonable to think that there could be 150,000 votes or more cast this year, vastly more than in Ediburg and that silly little Galveston election at which one local hack declared voter ID to have had no effect. The question is how to measure the effect. I can think of two things, one objective and one likely to be anecdotal at best. The objective way is to see how the number of provisional ballots compares to years past, especially the number of provisional ballots that get rejected. Remember, if you show up without an accepted form of ID, you can still cast a provisional ballot, but you have to show up later with a valid ID for it to be counted. Unfortunately, if there’s a publicly-viewable record of provisional ballots from past elections, I can’t find it. I know that data exists somewhere, and if there’s a spike in provisional ballots, that’s one indication that the law is having an effect. The anecdotal method is to collect stories from people who didn’t bother to vote or who decided to walk away rather than cast a provisional vote because they lacked the proper ID. I have no idea how to collect that kind of data, and to be honest I’d find it a little suspect if it were collected just by its very nature. But even if this can’t tell us much quantitatively, it has the potential to be a powerful kind of story anyway. We need to be talking to people and finding out what their experiences are. Whatever happens with the litigation and any potential legislative fixes from Congress, we can’t let what happens in the interim be overlooked or forgotten.

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