Spotlight on the Harris County Clerk

But first, a few words about early voting so far.

Harris County Clerk Teneshia Hudspeth reports that voters have cast more than 54.4K in-person ballots during the first four days of Early Voting for the November 7 Joint General & Special Elections. More people are choosing to vote early compared to the most similar election in 2015, when only 36.3K voted in person during the same time.

“We are looking at an increase of about 50%. We have been working hard to ensure Voting Centers are up and running on time, and voters are getting in and out easily,” said Clerk Hudspeth. “Voters are showing interest in this election and are eager to make their choices ahead of November 7.”

There are 42 political entities on the November 7 ballot. However, voters will only see the contests that are connected to the address where they are registered to vote. Some may see a minimum of 15, while others a maximum of about 35 contests on their ballots. Only voters who live within the City of Houston’s legal boundaries are eligible to vote in the Houston Mayoral, Controller, and City Council races.

“More than 700 election workers are stationed at the 68 Voting Centers across Harris County during the early voting period, and more than 6,000 will be working at the 701 Voting Centers on Election Day, November 7,” added Clerk Hudspeth. “It takes a lot of people to run an election, and I am grateful for each and every one of them.”

The comparison here is just for in person voting; as previously noted, when you throw in mail ballots 2023 is still ahead but by a lot less. If things continue as they have been, though, that gap will grow. Why this is happening is not clear, and we won’t have a truly full picture until November 7.

In the meantime, Clerk Hudpseth knows that eyes are on her and her team.

Internally, Hudspeth said she is “providing hands-on leadership and making myself accessible to all employees no matter who they are or their level of seniority.”

Externally, Hudspeth said she is “letting voters know that I’m all about working to do all possible within the law to create an election infrastructure that makes sure that all voters are served well and treated equally, no matter who they are, how they look, how they communicate, or what they believe.”

In recent weeks, she has kept a particularly active profile, holding press conferences and attending Commissioners Court meetings, a starkly different approach than Tax Assessor-Collector Ann Harris Bennett, who has missed multiple public appearances in the weeks since taking on voter registration duties.

You can read the rest, much of it is familiar and some of it I discussed with her in our interview. The next paragraph in this story talks about the multiple changes in who has been conducting elections in Harris County in recent years, and now with the impending retirement of Ann Harris Bennett, we’re going to get some more change on the voter registration side of things as well. Just something to keep in mind, and a reminder that the next election for that office will be very important.

And by the way, through Friday, Day Five, we’re now at 71,911 in person votes and 79,978 total votes. A whopping 3,264 mail ballots were added on Friday, bringing the total to over 8K. That compares to 48,207 in person votes, 21,141 mail votes, and 69,348 total votes for 2015. I’ll have a full report on Monday, including a stray thought about why early voting this year has been so robust. In the meantime, whatever it is, it’s still happening.

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Another HISD threefer

Once again, too much news and too little time…

HISD special ed teachers say new instructional model under Miles is too rigid to support children.

Brian Tucker started getting help for a speech impairment and learning disability in second grade at his Houston ISD elementary school.

Decades later, he still talks to the teachers who helped identify him for those vital services, and as a special education teacher in the district now, works to provide that same support to his own students.

But Tucker and other teachers say they are struggling to accommodate the wide-ranging, individual needs of special education students under a strict new instructional model introduced by Superintendent Mike Miles in the New Education System schools.

“The system is not very flexible and the model has to start incorporating our kids in special education,” Tucker said. “We’re still waiting on more directions on what’s the best way to provide the accommodations.”

[…]

Tucker, who is nearing retirement and has elderly parents to support, was attracted to the New Education System by better pay and a new challenge. He left his former campus and started his 21st year in education at Sugar Grove Academy, an NES middle school in Sharpstown, as a special education teacher serving seventh- and eighth-grade students in English Language Arts and reading.

His colleagues are “magnificent,” with everyone working well together and invested in the students, Tucker said. But the instructional model is too regimented, inflexible and fast-paced to properly support children with disabilities or other learning differences, he said. Kids who struggle with concentrating or processing information, for example, may not finish or fully understand a concept before the teacher moves on to the next slide in the lesson plan.

“I’m able to provide (accommodations) — I’m just not able to provide them with the fidelity that I would like,” he said. “I try my best, but it’s hard when it’s timed so fast and you’re trying to move between the kids.”

Tucker said he is no longer able to work with students in small groups or help children complete the Demonstration of Learning, a timed and graded assessment given to students every day in core classes to measure their understanding of a specific lesson.

Children with disabilities are protected by a federal law that guarantees them access to a free and appropriate public education in the least restrictive environment so they can access the general education system. Instructional and testing accommodations help level the playing field for special education students to access the same material as their peers in the classroom.

As is typical, the district disputes all of the things that are being said by its critics. I dunno, the teacher who was himself a special ed student at HISD seems pretty credible to me. I have a feeling that there will be a lawsuit over this, given the federal accommodation laws. Improving special ed, which again was a real problem of long standing at HISD, is one of Mike Miles’ mandates, and he says it’s a priority. I’d like to see more evidence of that.

HISD teachers say English language learners struggle under ‘one-size-fits-all’ instruction.

While teaching English language learners has always been a formidable challenge in Houston ISD, some educators say the job has become increasingly difficult this year because they face enormous pressure to implement a standardized instructional model that leaves some emergent bilingual students frustrated and floundering in the classroom.

“We know they’re just learning the language, but in this system, everyone is supposed to be moving at the same pace,” said Brian Tucker, a teacher at Sugar Grove Academy, an NES middle school. “And that cookie cutter doesn’t work for everybody.”

[…]

One teacher at Las Americas Newcomer School, a small NES-aligned campus in southwest Houston, said district officials told teachers to remove alphabet posters from classroom, saying they were inappropriate for a middle school, and limit the use of dictionaries, which many non-native English speakers rely on to look up words during class.

Although Las Americas caters to recent immigrant and refugee students who have little to no English language proficiency, district officials expect the campus to implement a “one-size-fits-all” approach, the teacher said. For example, students are being challenged with grade-level work, such as writing a limerick or reading Walt Whitman passages, even while they are still acquiring rudimentary English.

“Many of them, it’s their first year being in school. They don’t know the language. I have a classroom with at times four different languages spoken. And we’re forced to do the same slides and the same work as a regular, general education school,” the teacher said.

I dunno, maybe one size doesn’t fit all? Because students are individual people with individual needs? Obviously, a certain amount of standardization is needed, but the whole point is to meet the students’ needs so they can do their best. There’s a lot more to this story – the dread new library policy makes an appearance along the way – and it actually ends on a somewhat hopeful note. But seeing these two stories more or less back to back really caught my attention.

Verizon, HISD ending deal that helped connect 56,500 students to internet.

Verizon Wireless is moving to cancel an internet connectivity program that provided devices and data plans to tens of thousands of Houston ISD students, the result of the district’s lack of commitment to continuing the partnership, company officials said Wednesday.

The change potentially deals a blow to efforts to combat the digital divide in Texas’ largest school district, where about 56,500 students and 2,500 teachers have benefited from the program. Many of the participating HISD schools serve large numbers of Black and Hispanic students in lower-income neighborhoods, particularly on the district’s north and east sides.

In a statement, Verizon Wireless officials said they have moved to terminate an agreement with HISD to give free technology to students in 36 schools. Verizon, through a nonprofit known as Digital Promise, has worked with HISD on the initiative since 2020.

“Verizon Innovative Learning has made several attempts to continue its partnership with Houston ISD, and would be delighted to continue the partnership upon their response and demonstrated commitment to the program,” Digital Promise spokesperson Jessica Schuler said in a statement.

HISD officials did not respond to a request for comment Wednesday. It is unclear whether HISD has alternate plans to provide computers and internet access to students.

sigh

This is why we can’t have nice things.

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Ismaili Center construction milestone

Cool.

Houston’s new Ismaili Center is set to reach its tallest point in construction in the coming days, marking a milestone celebrated by dignitaries and local officials during a topping-off ceremony Monday at the cultural landmark’s site in the Montrose neighborhood.

The building has slowly taken shape since construction began in 2022 near Buffalo Bayou Park, transforming what was once a grassy field off Montrose Boulevard into a towering skeleton of steel beams and concrete. It’s one of seven Ismaili cultural centers worldwide and the first in the United States.

Greater Houston has the largest concentration of Ismaili Muslims in the U.S., according to spokesperson Farah Lalani of the Ismaili Council for the Southwestern United States, with an estimated 35,000 to 40,000 practicing this branch of Shia Islam calling the region home.

Prince Amyn Aga Khan, the younger brother of the Ismaili leader Aga Khan, thanked Mayor Sylvester Turner for his contributions to the center at a downtown luncheon Monday marking the construction progress.

“Today’s topping out ceremony of the Ismaili Center is a fitting occasion on which to honor your significant contribution and lasting legacy,” he told Turner.

[…]

Monday’s milestone has been years in the making. The Aga Khan Foundation purchased the land near Allen Parkway and Montrose Boulevard in 2006, but excavation did not begin until 2021. Although the center had reportedly been set to open in 2024, Samji said it likely will not be ready until mid-2025.

Ismaili Center Houston aims to be an architectural and cultural marvel for the city. The center will be adorned with Turkish marble and include gardens on all four sides, terraced plantings and water features inspired by ancient Islamic architecture.

The green spaces will include native flora and could serve as a retention pond for nearby Buffalo Bayou during floods, Samji said.

See here for the previous update in 2021, when construction started. As you know, I have been obsessed with this site for a long time. I can’t wait to see the finished product.

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Saturday video break: CityNerd visits Houston

An urban planner who has mostly heard negative things about Houston visits our city for a couple of days, and finds quite a bit about it that he likes:

Found via Evan Mintz. It’s about 20 minutes (there’s about two minutes at the end that’s an ad read) and worth the time. You’ll likely recognize a few of the scenes. Enjoy!

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Anti-gay Waco JP’s lawsuit heard by SCOTx

Now we wait.

Texas Supreme Court justices Wednesday questioned whether a Waco justice of the peace should remain under threat of a judicial oversight body’s sanctions if she continues refusing to marry gay couples.

The State Commission on Judicial Conduct gave Judge Dianne Hensley a public warning in 2019 for performing opposite-sex weddings for couples, but declining to perform same-sex wedding ceremonies on religious grounds — a move that casted doubt on her capacity to act impartially, according to the notice. Her refusal occurred in the wake of a landmark U.S. Supreme Court ruling that required all states to license same-sex marriages.

Hensley serves as a justice of the peace in McLennan County, an elected official whose role includes hearing traffic and misdemeanor cases; presiding over landlord and tenant disputes; and, among other duties, can include conducting weddings.

Following the 2019 warning, Hensley filed a lawsuit alleging that the judicial commission violated her rights under the Texas Religious Freedom Restoration Act. The 1999 act was designed to ensure the government cannot “substantially burden” free exercise of religious beliefs.

The state’s highest civil court heard oral arguments Wednesday after an appeals court affirmed a lower court’s decision to toss her legal challenge last year on grounds that the commission acted within its powers and is protected from lawsuits due to sovereign immunity.

The case is believed to be among several that will attempt to expand the reach of a U.S. Supreme Court ruling that let a Colorado web designer refuse same-sex couples. However, most of Wednesday’s proceedings revolved around what Hensley had already done and what could happen to her in the future.

Justices asked why Hensley had not appealed the warning instead of suing the agency.

Hensley’s lawyer Jonathan Mitchell told justices that she would not have received the recourse she sought — including money and injunction against future sanction.

[…]

The commission’s lawyer, Douglas S. Lang, argued to justices that they should not grant a license to discriminate.

One justice asked Lang what the difference was between Hensley’s case and instances of a judge stating their stance on an issue while campaigning for their seat. Lang said it was not an issue that Hensley had talked about, but her actions — which is what was sanctioned.

Justices also asked Lang about the difference between judges who refuse to marry same-sex couples and judges who do not perform any marriages to avoid the matter altogether — and what that portends for their impartiality. Justices of the peace can but are not required to conduct weddings.

“She has chosen to marry some folks and not others. She has chosen to discriminate between some folks in the state of Texas, in favor of other people — and it flies in the face of impartiality,” Lang said.

Justice Jimmy Blacklock followed up with a hypothetical about a judge who stops doing marriages because of an objection to same-sex marriage — why wouldn’t that judge manifest the same bias, he asked.

Lang responded that a judge does not have to say why they do not want to conduct marriages.

Blacklock asked if the hypothetical judge would go before the conduct commission if they explained their reasoning for stopping to be similar to Hensley’s.

Lang returned to Hensley and her conduct, not her belief: She reached out to a Waco newspaper and wearing a judge’s mantel told a reporter that she would not marry a same-sex couple because of her religion, he said, citing the actions that were outlined in the 2019 warning. She also got her court clerks to give an assumed gay couple a handout that said the judge could not perform same-sex weddings due to sincerely held Christian beliefs.

The handout also included alternatives for where the couple could go. Blacklock asked if that was conduct that undermined her impartiality. Repeatedly, Lang turned to Hensley’s actions being at issue.

See here for the previous update. I don’t know what SCOTx will do – I fear they’ll rule for the plaintiff, but I think there’s a decent chance they may find some technical reason to rule against her – but I will say that I like the way Attorney Lang argued for the State Commission. This was about her actions, not her beliefs, and that’s what the court should focus on. They may choose not to, and that would be bad if they do, but at least it’s been made clear to them what the real issue is. All we can do now is hope for the best. And work to elect better politicians at all levels of government.

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California DMV pulls Cruise permits

Some bumps in the road there.

A driverless Cruise car sits in traffic on Austin Street in downtown Houston on Friday, Sept. 22, 2023. Photo: Jay R. Jordan/Axios

Citing public safety concerns about Cruise‘s robotaxi line operating in San Francisco, California DMV officials announced Tuesday that the agency had suspended permits for the driverless cars deployed by General Motors’ autonomous vehicle subsidiary.

Cruise had already been under investigation by federal and state transportation officials after several crashes, some involving pedestrians. In response to the Department of Motor Vehicles’ decision, Cruise pulled its driverless vehicles from the road in California.

“Public safety remains the California DMV’s top priority, and the department’s autonomous vehicle regulations provide a framework to facilitate the safe testing and deployment of this technology on California public roads,” the agency said in a statement. “When there is an unreasonable risk to public safety, the DMV can immediately suspend or revoke permits.”

DMV officials cited violations of state regulations for the suspension, including safety issues based on the vehicles’ performance and safety information that the “manufacturer has misrepresented.” The suspension order said Cruise failed to disclose all the relevant video from an Oct. 2 crash, initially showing only the first part of the crash to investigating state officials — omitting the part in which the Cruise vehicle dragged a pedestrian about 20 feet while pinned underneath the driverless vehicle. Cruise officials, in a statement to The Times, denied that they did not share all of their video with investigators.

DMV officials said that there is no set time frame for a suspension, but that the agency provided Cruise with “the steps needed to apply to reinstate its suspended permits.” It wasn’t immediately clear what those steps would include.

The suspension does not affect Cruise’s permit for testing its autonomous vehicles with a safety driver behind the wheel, according to the DMV.

See here for more on the NHTSA investigation, which is covering some similar ground. Cruise has paused service in San Francisco for now, and they have a rollout for LA planned that may be affected, but that is unclear. They’re still operating elsewhere, including Austin and Houston. None of this changes my view of their service or of autonomous vehicles in general, which to reiterate is that I don’t think the technology is there yet, but we’ll see if either of these turn up anything more concerning. NPR and Slate, which points out another issue with Cruise and its business model, have more.

UPDATE: Cruise has now suspended all service, which means no more robotaxis in Houston for now. No word yet how long this pause will last.

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Here’s the latest new area code

Hello, 621.

Houston, you’re getting a new area code.

On Wednesday, the Public Utility Commission of Texas announced they’ve approved the addition of 621 for the Houston area to keep up with the population growth we are seeing here in Southeast Texas. The 621 area code joins the other ones in Houston — 281, 346, 832 and the original 713.

Customers will get the 621 area code once all numbers are with the existing area codes are exhausted. The PUCT expects the addition of 621 will hold us over for another nine years.

The new area code won’t affect existing phone numbers.

See here for the background, and here for the PUCT’s press release. As noted, the 346 area code was rolled out in 2013, so that estimate of nine years before another code is needed is probably pretty accurate. That release, by the way, says that the OG 713 area code “was created in 1947 as one of the original four numbering plan areas (NPA) assigned to Texas”. I assume that 214 and 512 were also among those four, but I’m not sure which would have been the fourth – I figure it’s either 915 or 806. I spent three years in the early nineties as the tech support department for a small software company and I made calls to pretty much every existing area code at that time. I could have told you the code for almost any city or state, or the city/state associated with a code back then, it was so much a part of my daily existence. Once the new codes with something other than a 0 or 1 came on the scene, circa 1994 or so, that was the end of that. Anyway, look for the 621 code at a business or home near you soon. The Chron has more.

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November 2023 Day Three EV totals: All in person

We’re at the first Friday of early voting for the November 2023 election, and a pattern is beginning to emerge. This is the data through Day Three:


Year    Mail     Early    Total
===============================
2015   18,196   27,596   45,792
2019    6,050   26,206   32,256
2023    4,742   41,701   46,443

The final EV totals from 2015 are here and the final EV totals from 2019 are here. The daily EV report is being posted online now here, but I’m still grabbing a copy each day and saving it for my purposes. The Day Three file is here.

It took less time than I might have guessed for 2023 turnout to catch up to, and indeed surpass, 2015 turnout. The reason for that is simple – in person daily voting so far has been going like gangbusters. It has been more than enough to make up for the large difference in mail voting. Note that for all three years the overall totals were about the same on the Tuesday and the Wednesday. That continued to be true for Thursday and Friday in 2019, while Thursday dipped a little and Friday surged ahead in 2015. What I’m saying here is that we should probably expect more of the same over the next two days for this year as well.

Someone asked me earlier if this dip in mail ballots might mean that we’re seeing a younger electorate. I’ll have to look at the voter roster to take a stab at that, but my best guess is probably not, at least not by much if at all. I think two things might be happening. One is I think the campaigns are pushing in person voting more than they’re pushing mail voting. I say that because there are just fewer mail ballots out there, and maybe they don’t want to mess with the hassles even if the convoluted process for getting and submitting a mail ballot is somewhat less fraught these days. The other possibility is that we’re finally starting to see a shift to early voting for city elections the way we’ve seen them for state and federal (that is, even-numbered year) elections. Remember that as of the two most recent city election years, most ballots were cast on Election Day. That hasn’t been true for an even year since 2006. I do not expect to get anywhere close to the high levels of early voting that we’re now used to, but if we wind up with 55-60% of all ballots cast by next Friday, it wouldn’t shock me.

If that’s the case, then we need to temper our expectations for final turnout. It’s too early to think about that, and I absolutely still believe we’re going to hit 300K for the city overall, I’m just saying this as an early warning against reckless optimism. I still remember the absurdly frothy turnout projections we got in 2008, as no one had yet realized we were in a new paradigm for when people voted. Now, it may be that we’re still in a majority-on-Election-Day world for odd-year elections, in which case we really are headed for the stratosphere. I’m not ready to believe that, and you shouldn’t be either. Ask me again in a week.

So. Have you voted yet? Has anything surprised you so far? Leave a comment and let us know.

UPDATE: The Day Four total is 59,241 votes, which compares to 56,011 from 2015. I voted yesterday at West Gray, it was moderately busy but no wait time.

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Challenge filed to the law barring felons from running for office

I’ll be keeping an eye on this.

Derrick Broze

Derrick Broze, barred from the upcoming mayoral election because of a two-decades-old felony conviction, sued the state of Texas, arguing its election law is unconstitutional.

Broze, a 38-year-old independent journalist and activist, started campaigning for City Hall’s top job at the beginning of 2023. In June, the city denied his application to get on the ballot after he self-reported a previous felony record.

In the complaint filed Monday, Broze contended the Texas Election Code’s eligibility rules against all candidates with unresolved felony records are too restrictive. In contrast, he said, the state constitution only excludes individuals convicted of “high crimes” such as bribery, perjury and forgery from holding office.

Broze was convicted of felony drug possession in 2005 when he was 20 years old. A judge gave him two years of probation at the time. He violated parole and was then sentenced to two years in prison.

He was struggling with drug addiction and depression during those years, Broze said, but he has since rebuilt his life and focused on community activism around civil liberties, environmental protection, homelessness and other causes.

His non-violent drug conviction, Broze argued, does not fit the criteria of a “high crime.” The denial of his ballot application stands as a demoralizing reminder that, even after nearly two decades, he still cannot fully participate in society, he said.

“I did my time, paid my debt to society,” Broze told the Chronicle. “Being blocked from the ballot because of having a felony in Texas is just another barrier to entry that felons like myself have to face.”

The state election code specifies that candidates must not have been “finally convicted of a felony” unless they have been pardoned or “released from resulting disabilities.”

Past candidates have argued that completing probation equates to being released from such disabilities. But an opinion from Attorney General Ken Paxton’s office asserts that such a candidate would need a pardon, judicial clemency or a writ of habeas corpus invalidating the conviction.

[…]

Gerald Birnberg, a constitutional law attorney and ex-chair of the Harris County Democratic Party, said Broze’s case could have far-reaching legal impacts since many points in his lawsuit have not been fully litigated in court.

He agreed with Broze’s argument that his drug conviction should not count as a “high crime” since it does not involve dishonesty, unlike other listed offenses. However, this does not necessarily mean the state constitution prohibits additional laws that extend beyond its specified crimes, Birnberg said.

“At least we could add some clarity to the Texas Election Code,” Birnberg said. “I also believe that we would be well served to have people who have been through that experience as an elected office. That perspective can teach us what it takes to rehabilitate people.”

As the story notes, Broze was able to run for Mayor in 2019 because he filled out that form differently. Broze wrote an op-ed advocating his position after being denied a spot on the ballot this year, after changing how he filled out that form. He cites the case of Cynthia Bailey, in which there was never a decision on the merits of the law, while the story references perennial candidate Brad Batteau, who fills his form out as Broze did in 2019. The takeaway from all this is that the law, and the opinion on the law by Ken Paxton, is unclear. I’m very much on the side of restoring voting rights for felons who have completed their sentences, and that includes eligibility for office. I don’t know what the likelihood of success is here, but I’m rooting for Mr. Broze.

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Private dam proposal withdrawn

Good news.

After months of opposition by communities along the Llano River, the former CEO of Houston-based energy company Phillips 66 has withdrawn his permit application to build a private dam on his ranch in Edwards County, according to state environmental regulators.

Greg Garland’s Waterstone Creek LLC had sought state permission to dam the South Llano River in an application filed five years ago. The permit, if approved, would have allowed the LLC to create a pond roughly equal to six olympic-sized swimming pools.

The dam would have been the first private dam built in the Llano River watershed since 1976 — and the first built for recreational purposes like swimming, boating and fishing. At a public meeting about the application that the Texas Commission on Environmental Quality held in August, Garland said the pool’s purpose was to promote more wildlife and fish on his property.

The agency received a letter from Peter T. Gregg, a representative for Waterstone Creek LLC, with a formal request to withdraw Garland’s application on Oct. 18, a day after The Texas Tribune published a story on the dam controversy.

Gregg and Garland did not respond to requests for comment.

“The dam is dead, the dam is dead,” said Linda Fawcett, president of the Llano River Watershed Alliance and a resident of Junction who lives about 60 miles southwest of Gregg’s property.

Fawcett and others along the river had expressed concerns about the proposed construction of a private dam along the South Llano River. They said it would start a domino effect of property owners building more private dams, which could alter the river’s natural flow and send less water into the Highland Lakes.

Up and down the Llano River, local officials also had spoke out against the possible privatization of a section of a public river.

See here for the background. I had drafted a post based on that October 17 Trib story, but hadn’t had the chance to publish it yet because there’s been so much damn news lately. That post is beneath the fold, and there’s a lot of interesting history about private dams and this project in particular. I’d call this an unequivocal win for everyone who was at risk by this proposal. Read on for more about that.

Continue reading

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Rep. Jarvis Johnson to run for SD15

The field grows.

Rep. Jarvis Johnson

Rep. Jarvis Johnson, D-Houston, announced Tuesday he will run for Texas Senate to fill the seat currently held by mayoral candidate John Whitmire.

“I know the issues affecting our communities. We’ve been neglected by the state. They’ve underinvested in our children’s futures,” Johnson said in a video posted to social media.

He also went after Gov. Greg Abbott, saying the third-term Republican is seeking to defund Texas schools with his voucher proposal and that the GOP is “attacking Harris County and trying to take away our freedom and our liberty.”

A business-owner and lifelong Houston resident, Johnson previously served on the Houston city council and was elected to the state House in 2016.

During his time in the Legislature, Johnson has pushed to end Confederate Heroes Day as a state holiday and served as vice chair of the public safety committee, where he advocated for a bill championed by Uvalde families that would have raised the age to buy a semi-automatic gun.

Whitmire is a front runner in the race to become Houston’s next mayor. If he fails to win the Nov. 7 election, it’s not clear whether Johnson would still choose to challenge the longtime senator who is the only Democrat to chair a committee in the GOP-dominated Senate

You can see that video here. Rep. Johnson joins a field that includes Molly Cook, Karthik Soora, and most recently Todd Litton. I think he’s been a pretty good State Rep, and I look forward to seeing what kind of campaign he runs.

Two points to consider: One is that between the entries of Litton and now Rep. Johnson, I sense that a perhaps now increasing number of people are betting on a Whitmire victory in the Mayor’s race. I can’t quantify this, and it’s the easiest hot-take thing to say since it isn’t based on anything but a vague gut feeling. It would also be easy for Rep. Johnson to stay where he is and run for a mostly obstacle-free re-election; making this announcement ensures that other people, ones who will be capable of mounting a credible campaign, will now take steps towards filling the seat he holds. At the very least, that will be awkward if in fact Whitmire does not get elected Mayor. Politicians tend to have pretty sensitive risk calculators. That he would risk this should tell us something, however we want to interpret it.

And two, just as the loser of the presumed Whitmire-SJL runoff will have the time to file for their old seat in the event that becomes an option, so would Rep. Johnson be able to change his mind if he needed to. As with Whitmire and SJL, he will find that he has company in that race, and a tailor-made “he doesn’t actually want this job” attack to be levied on him. Like I said, this is where his risk calculator led him.

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Ann Harris Bennett not running for re-election

We will elect a new Tax Assessor-Collector next year.

Harris County Tax Assessor-Collector Ann Harris Bennett, a second-term Democrat, announced last week she will not seek re-election in 2024. She will continue to lead Harris County’s voter registration process through the upcoming presidential cycle, though a string of absences from recent election administration events raise questions about her performance on the job.

Bennett won the job in 2016 after defeating Republican incumbent Mike Sullivan. While managing property tax collections and vehicle registration, she has navigated significant changes in her office: losing oversight of the county’s voter registration process in 2020, then regaining those responsibilities just weeks ago.

[…]

Bennett wrote in a public letter last week that her decision was made “with a heavy heart” and “after careful consideration.” She attributed her departure to her desire to focus on her family and her health.

Prior to regaining her voter registration duties, Bennett sat on the five-member Harris County elections commission, the group that oversaw hiring the elections administrator. She never attended one of the meetings in person, instead joining the meetings virtually.

Bennett was absent from a Harris County Commissioners Court meeting in late August that included a public discussion of the election transition process. While County Clerk Teneshia Hudspeth attended the meeting, gave a brief update to members of Commissioners Court and answered reporters’ questions, Bennett sent a deputy instead.

Wendy Caesar, chief deputy at the tax assessor-collector’s office, explained Bennett’s absence to reporters: “Ms. Bennett’s an elected official. If she’s not here, I’m her chief deputy, and she’s asked me to come here. I cannot divulge where Ms. Bennett is, but I’m here as her chief.”

She also missed a joint news conference her office hosted with the county clerk to answer questions about the transition when the law abolishing the elections administrator went into effect on Sept. 1. Bennett’s director of communications, Laura Smith, told reporters Bennett was unable to attend because she had a family member in critical care.

Bennett did not attend a meeting on her department’s budget for the upcoming fiscal year on Sept. 7 either. No reason for her absence was given.

Though Bennett will be in charge of voter registration and maintaining Harris County’s voter rolls during the high-stakes 2024 presidential election cycle, she did not respond to questions from the Chronicle about her numerous absences. Bennett turned down an interview request from the Chronicle, then declined to answer questions about whether she has worked from the office over the past year or plans to do so next year.

Mike Doyle, chair of the Harris County Democratic Party, said he hasn’t seen Bennett since her last virtual appearance at the elections commission in May, but her office has experienced staff who know what they’re doing.

“There’s no reason to believe that the professionals in the office are not fully capable of handling what they’re assigned to do,” Doyle said.

You can see a copy of her letter herre. I have no personal knowledge of the situation, but it sounds consistent with someone who is having health issues. Whatever the case, I wish her all the best. Harris County’s voter registration numbers have steadily increased on her watch so I don’t have any complaints about that, but I will be very interested to hear from potential successors what their plans are to continue increasing the rolls, deal with interference from the state, and what they thought about the Elections Administrator’s office. As the story notes, there are no known candidates at this time but I would expect that to change soon.

Posted in Election 2024 | Tagged , , , , , , , | 6 Comments

Lubbock County passes “abortion travel ban”

It’s time to take this to court.

Three county commissioners approved an ordinance Monday that would bar pregnant Texas women from traveling through Lubbock County for an abortion in another state.

The commissioners – Jason Corley, Terence Kovar and Jordan Rackler – voted for the ordinance, which can only be enforced by private citizens who file lawsuits against people assisting pregnant Texans seeking an abortion. Commissioner Gilbert Flores, and County Judge Curtis Parrish abstained from voting.

Lubbock County is now the largest county to weigh in on the policy pushed by anti-abortion activists. It joins three other rural counties — Goliad, Mitchell and Cochran — in Texas that have already passed similar ordinances, despite the state already having one of the most restrictive bans on abortion in the U.S.

The ordinance is being pushed by the same organizers who started the “sanctuary city” ordinance movement before Roe v. Wade was eventually overturned. In 2021, Lubbock, the county seat, was the largest city to pass a “sanctuary city for the unborn” ordinance.

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Much like that ordinance, the travel ban would be enforced through private lawsuits filed against the people who “knowingly transport any individual for the purpose of providing or obtaining an elective abortion, regardless of where the elective abortion will occur.” It would not punish the pregnant woman.

Parrish, the county judge, wanted to postpone a vote until March 2024, to give the commissioner’s court more time to look at the legal purpose of the ordinance and what the physical impact would be to the county and taxpayers.

“We are a pro-life county, but we shouldn’t need a piece of paper that says you can’t drive on our roads,” Parrish said.

Legal scholars have said these so-called “abortion travel bans” have questionable enforcement mechanisms, making them more like a ceremonial declaration than a legally binding statute. In an opinion following the overturning of Roe v. Wade, Justice Brett Kavanaugh wrote “May a state bar a resident of that state from traveling to another state to obtain an abortion? In my view, the answer is no based on the constitutional right to interstate travel.”

See here for some background. I don’t know what the exact mechanics of this will be – someone has to be identified as a plaintiff, to begin with – but this needs to stop, and the best chance of doing that is in the courts, as fraught as that sounds. Either there’s a right to travel in this country or there isn’t. You can drive from Texas into Oklahoma or New Mexico to gamble at a casino, or (as a certain furniture guy likes to do) cross over the Louisiana state line and place a bet on a sporting event from your phone. You can drive to Colorado and smoke marijuana. There are lots of things you can do in other states that you can’t do here, and you can freely travel to them without worrying that some fascist wannabe will sue you for it. It’s time to make Brent Kavanaugh live by his words. Even if these “bans” really are little more than ceremonial, they still contribute to fear and the belief that there’s no hope and no alternative. The real goal is to get a federal law affirming abortion rights on the books, but until then we need to get this crap off of them.

UPDATE: The city of Amarillo has decided not to vote on this same proposal, at least for now. I think it’s more likely to eventually pass there than not, but at least they don’t want to be rushed into it. And once again I say, by whatever means necessary, this needs to stop.

Posted in The great state of Texas | Tagged , , , , , , , , | 3 Comments

Texas blog roundup for the week of October 23

Every member of the Texas Progressive Alliance would be a better Speaker than Jim Jordan, and is also capable of putting together a better weekly blog roundup than he ever could.

Continue reading

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The recording

I have three things to say about this.

Rep. Sheila Jackson Lee

U.S. Rep. Sheila Jackson Lee, D-Houston, expressed regret Monday and said she is “not perfect” after a recording came out that appeared to show her berating staff with profanity.

Jackson Lee is running for Houston mayor, and the recording was sent from an anonymous email account to multiple news organizations Friday, three days before the start of early voting. She broke her silence on it in a statement Monday night.

“I want to convey to the people of Houston that I strongly believe that everyone deserves to be treated with dignity and respect, and that includes my own staff,” Jackson Lee said. “I know that I am not perfect. I recognize that in my zeal to do everything possible to deliver for my constituents I have in the past fallen short of my own standards and there is no excuse for that.”

On the recording, which is about a minute and a half, a voice that sounds like Jackson Lee’s can be heard erupting at a staffer who does not have a document she was looking for. She tells the staffer she wants him to have a “fuckin’ brain” and says “nobody knows a Goddamn thing in my office – nothing.” She refers to another staffer, who is apparently not in the room, as a “fat-ass stupid idiot” and adds both staffers are “fuck-ups.”

“It’s the worst shit that I could have ever had put together,” Jackson Lee says. “Two Goddamn big-ass children, fuckin’ idiots who serve no Goddamn purpose.”

Former staff members did not respond to requests for comment about the recording.

Jackson Lee’s campaign has refused to verify the recording and only referred to it as an “alleged recording” in the title of her statement.

“To anyone who has listened to this recording with concern, I am regretful and hope you will judge me not by something trotted out by a political opponent, that worked to exploit this, and backed by extreme Republican supporters on the very day that polls open, but from what I’ve delivered to Houstonians over my years of public service,” Jackson Lee said in her statement.

1. I haven’t listened to this recording, and I don’t know its provenance. Nor do I know how it found its way to the press, though given the contents it’s hard to imagine it not getting out. (The Whitmire campaign denies any responsibility for it, as noted later in the story.) While Rep. Jackson Lee has not officially confirmed that this is a recording of her, the apology speaks for itself. This recording of words that she said exists. That’s the more important part of the equation.

2. Rep. Jackson Lee has long had a reputation for being a difficult, even abusive, boss. A lot of that is based on older stories, though there was a more recent lawsuit brought by a former staffer who claimed she was wrongfully fired; the suit was later dismissed. Whatever the facts are there, she has been subject to more scrutiny than many others in similar positions because she’s a Black woman. Just look at the comments on any news story involving her, or the replies to any tweet or Facebook post, and take in the seething, vicious hatred. Plenty of other women, especially women of color, go through the same thing. That said, no one in a position of power should ever speak to an employee or other person in a subordinate role like this. It’s gross, it’s abusive, it’s completely unacceptable. It’s also far too common in too many workplaces. If Rep. Jackson Lee really wants to demonstrate her regret, she might consider using some of her power to lift up the workers who are on the receiving end of such abuse.

3. One can be a good member of Congress and also be a bad boss. I’m a longtime constituent of Rep. Jackson Lee, and I’m happy that she represents me in Congress. She votes as I’d like her to, she works hard to stay in touch with the district, she has been a force for political good. A member of Congress is one voice out of many, so a chaotic office won’t have that much effect on the overall function. (Lord knows, there’s plenty of other chaos in Congress right now to take care of that.) I think it would be harder to be a bad boss and also a good Mayor because there’s more immediacy to what a Mayor does, which increases the need to treat one’s staff well. This is another thing that I don’t know how to quantify, but I feel comfortable saying that a Mayor with a strong relationship with their staff is better positioned to succeed than one without. I hope this is another thing Rep. Jackson Lee is thinking about. The Chron has more.

Posted in Election 2023 | Tagged , , , , | 22 Comments

November 2023 Day One EV totals: You’ve got no mail

It’s that time you’ve been waiting for, so here’s what you want:


Year    Mail     Early    Total
===============================
2015   14,240    8,891   23,131
2019    5,407    7,973   13,380
2023    3,289   12,740   16,029

The final EV totals from 2015 are here and the final EV totals from 2019 are here. The daily EV report is being posted online now here, but as you can see by the generic URL that will have the latest file. I’m still grabbing a copy each day and saving it for my purposes, and you can see the file for Monday here.

The obvious point of interest here is the decline in the number of mail ballots. The decline from 2015 to 2019 makes sense to me, given the anti-HERO vote as a driver of turnout in 2015. There were also more ballots mailed out in each of those years – 40K as of the first day of early voting in 2015, 20K as of the same date in 2019, and 16K in 2023. The rate of return of mail ballots is lower in 2023 than in the other years – about 35% in 2015, 25% in 2019, 20% this year. There’s time for that to go up, and mail ballots are still being sent out, but this is worth keeping in mind.

On the other hand, the number of in person voters is much higher this year than it was on Day One of either of those other years. The flow of mail ballots returned tends to be slower than the daily march of in person voters, so the difference in total turnout can narrow quickly. Again, I’m not sure what the driver of these differences are, but there’s nothing to suggest at this time that we’re headed for an unexpected level of turnout. It’s still my contention that hitting 300K, which will not require an especially high percentage of registered voters to participate, is well within range. Ask me again in a few days, but for now I think we’re on track. We may just get there via a slightly different route than what I had anticipated.

UPDATE: Day Two numbers are here, with another strong day for in person voting. The gap with 2015 is down to about 4K because of the volume of in person voters.

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Endorsement watch: For Huffman in G, eventually

You really have to read all the way through this endorsement to understand who exactly it is they’re endorsing. Stop too soon, and you’ll get the wrong idea.

CM Mary Nan Huffman

We have a confession to make. When super-lawyer Tony Buzbee announced his run for the District G seat on City Council, we were somewhat intrigued. As journalists, we are in an endless battle to make the important stuff — city budgets, tax increments, infrastructure plans — not boring. No matter what you think of Buzbee, and his most recent legal success getting an impeachment acquittal for Attorney General Ken Paxton, the man is definitely not boring.

There was the time he parked his World War II-era Sherman tank in front of his mansion to the consternation of his River Oaks neighbors. Not long after, he alleged that a woman he brought home destroyed $300,000 of artwork including two Andy Warhol pieces. In 2019, he ran for mayor saying City Hall smelled of corruption and hauled in a wheelbarrow of manure for emphasis. When he forced Mayor Sylvester Turner into a runoff, Buzbee gave a rambling speech that raised eyebrows and left some wondering about his lucidity. These days, he seems to have turned a corner in his personal life. He’s vocal about his sobriety, but that hasn’t lessened his flair. Just consider that in the middle of defending Paxton and announcing his City Council bid, he also helped launch a new brand of THC-infused drinks called HoBuzz as an alternative to alcohol. Genius marketing. We’ve been forced to mention it at least three times in editorials.

Buzbee’s ability to garner headlines has piqued the interest of voters — and so have the substantive issues he’s campaigning on. They see burst water mains going unrepaired for days, gushing thousands of gallons of water during a drought. They see hulking housing projects approved by the Houston Housing Authority going up without having heard about them from their citycouncilmember in advance. Although this wealthy part of Houston — bounded by I-10 and Westheimer, stretching from the Addicks and Barker reservoirs to Upper Kirby — pays an outsized chunk of the city’s taxes, they often feel forgotten.

“I have to think that somebody like Tony Buzbee could be a much sharper thorn in the saddle,” Nick Kornuta, an HOA president in Eldridge/West Oaks, told us when we reached out to him and other neighborhood leaders by phone.

In fact, Buzbee, 55, can be more than a thorn and a provocateur. Besides his win for Paxton, he got felony charges against former Gov. Rick Perry thrown out and won a $41 million settlement for a spider-bit victim. There’s no question he’s had big wins in court and we have no doubts Buzbee could torch city department heads about potholes on social media and stage spectacles designed for maximum media exposure. City priority lists may well yield more quickly under such pressure. Greg Travis, the previous councilmember, has endorsed Buzbee, claiming Huffman has failed to keep street rebuilds and repairs in the district moving. He claims Buzbee will get projects moving faster.

We urge voters in City Council District G to stick with incumbent Mary Nan Huffman. She won a special election in January 2021 after Travis resigned to run for an open state representative position. A 40-year-old former prosecutor, she voices dissent at City Council meetings as one of the few conservatives while avoiding the controversial statements her predecessor made. Although constituents may not notice her advocating for them, she’s been effective. When the housing department put forward their recommendations on affordable housing, she persuaded the mayor and fellow councilmembers not to submit a letter of support for Felicity Oaks, a proposed development inside Loop 610 and the only one considered for District G. This editorial board unsuccessfully urged Turner to ignore Huffman, but her opposition likely doomed the proposal, which is what many of her constituents wanted.

That right there, the sixth paragraph in this long article, is the first mention of the incumbent, and the only paragraph about her that is mostly positive. The remainder is more Buzbee and some criticism of Huffman. Note also that there’s no rhetorical qualifiers or other indicators of a shift – no “all that said” or “nonetheless” or what have you – before the sudden turn to endorsing Huffman. I had just about convinced myself that the headline on this was wrong when I finally got there.

I consider myself a student of the “Chronical election endorsement” form, and I have no idea what is going on in this one. Was there a split on the Board and this was the compromise? Was they day this was written National You’ve Got To Hand It To Him Day? Who knows. The headline tells you what you need to know, if the article itself wasn’t clear. My interview with CM Huffman is here.

Posted in Election 2023 | Tagged , , , , , | 2 Comments

Interview with Conchita Reyes

Conchita Reyes

I’m always a little hesitant to say I’m done with interviews for a given cycle because there’s almost always a candidate who comes forward after I say that. Usually, it’s because we missed a connection earlier and when that happens I will always try to accommodate – as long as it’s before Election Day, it’s not too late. And so today I present you with my interview with At Large #1 candidate Conchita Reyes, who is fresh off of being endorsed by the Chronicle. Reyes is an accountant who has been a fiscal administrator for the Houston Hispanic Chamber of Commerce and has a long background in city politics, as her aunt was former At Large Council Member Gracie Saenz. She has worked for then-Controller Sylvia Garcia, serves as the liaison for the League of United Latin American Citizens (LULAC) Council 19 – Johnny Mata and LULAC Council 60, and has served on the board of several non-profits. Here’s what we talked about:

PREVIOUSLY:
Kathy Blueford-Daniels
Dani Hernandez
Judith Cruz
Plácido Gómez
Mario Castillo
Cynthia Reyes-Revilla
Joaquin Martinez
Tarsha Jackson
Leah Wolfthal
Melanie Miles
Abbie Kamin
Sallie Alcorn
Letitia Plummer
Nick Hellyar
Obes Nwabara
Danielle Bess
Holly Vilaseca
Marina Coryat
Donnell Cooper
Twila Carter
Casey Curry
James Joseph
Mary Nan Huffman
Richard Cantu
Fair For Houston/Yes On Prop B
Lesley Briones on the Harris Health System bond referendum
Dave Martin
Chris Hollins
Harris County Clerk Teneshia Hudspeth

And once again I say that is my final planned interview for this cycle. I will take a little time off and then interview the Mayoral candidates for the runoff. It’s a short break from then until the rush of 2024 primary interviews, so I’m going to enjoy it. The Erik Manning spreadsheet is here. My previous posts about the 2023 HISD election are here and here. My posts about the July campaign finance reports for City Council candidates are here and here, and my post about the July campaign finance reports for Controller candidates is here.

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Hey, remember Colony Ridge?

What if I told you that it was all a big nothing?

Gov. Greg Abbott named Colony Ridge a top state priority when he placed it on the third special legislative session agenda — heeding calls by right-wing media to crack down on the fast-growing Liberty County subdivision that had become a haven for organized crime and illegal immigrants from Latin America.

Abbott vowed to take action on “any issue that needs to be enforced, in terms of a new law in the state of Texas, to make sure we’re not going to have colonies like this in our state,” he said in a Sept. 25 interview.

But nearly two weeks into the special session, no major bills to address Colony Ridge have been filed or debated. And on Thursday, the House State Affairs Committee held a hearing to discuss the subdivision without considering any specific legislation.

“Why are we even here doing this?” Rep. Jay Dean, R-Longview, wondered aloud.

Lawmakers heard testimony by local officials and the CEO of the housing development that told a different story than the one peddled by some conservatives in recent weeks — one of a small county exploding in population in its unincorporated areas that would likely benefit from more funding for law enforcement and infrastructure, as well as stronger regulatory authority for county officials.

Local officials refuted claims made by right-wing media and Republican elected officials including Abbott and Attorney General Ken Paxton that Colony Ridge had become too dangerous for law enforcement to effectively police and had overwhelmed local government resources.

Department of Public Safety Director Steve McCraw said Abbott’s public concerns that the subdivision was a “no-go zone” for law enforcement were unfounded.

“There’s no such thing as a no-go zone in Texas,” McCraw said. “We obviously talked to the sheriff… and he assured us that was not the case. Certainly, our sergeant didn’t think so. Our troopers can go anywhere.”

See here for the previous update. I mean, I guess Steve McCraw could be part of the conspiracy, but he is one of Greg Abbott’s top minions, and it was Abbott who took all that wingnut chatter seriously enough to put something on the special session agenda, so either this goes Even Deeper Than You Thought or Abbott was played by and/or caved to the wingnut noise machine and as usual there was nothing there. You tell me which is more likely.

There is of course an impeachment revenge angle, because there will always be an impeachment revenge angle as long as Ken Paxton exists.

Paxton sent a letter Thursday to Abbott, Patrick, Phelan and Republican Texans in Congress that revealed the results of an Attorney General’s Office investigation into Colony Ridge. Paxton said that the subdivision “appears to be attracting and enabling illegal alien settlement” and “has drawn far too many people and enabled far too much chaos for the current arrangement to be tolerated by the state.”

“The scale of the Colony Ridge development has proved unmanageable for effective law enforcement and other key standards of acceptable governance,” Paxton wrote. “Violent crime, drug trafficking, environmental deterioration, public disturbances, infrastructure overuse, and other problems have plagued the area and nearby towns.”

He singled out two Republican lawmakers, Sen. Robert Nichols of Jacksonville and Rep. Ernest Bailes of Shepherd, for sponsoring a bill in 2017 that enabled Colony Ridge to establish a municipal management district. Notably, Nichols and Bailes also supported this year’s unsuccessful effort to impeach Paxton and remove him from office.

Those who testified Thursday pushed back against the claims made by Paxton and others.

Liberty County Judge Jay Knight said it is inaccurate to describe Colony Ridge as a colonia, like the substandard settlements on private land populated largely by immigrants and found in Texas counties near Mexico.

“This has water, sewer, ditches and roads, yes,” Knight said. “The water is regulated by TCEQ and it’s a private company that owns it… the roads become property of the county. It’s ours to take care of.”

And this is how we do development in Texas, especially in the lesser-populated parts of the state. Always has been, and almost certainly always will be. You want to address that, I’m sure the builders’ lobby will have some thoughts on the matter.

Posted in La Migra, That's our Lege | Tagged , , , , , , , , , , , , , , , , , , | 2 Comments

Endorsement watch: Chron goes for Whitmire

The Chron endorses John Whitmire for Mayor.

Sen. John Whitmire

Close your eyes for a moment and ask yourself: in this city of immigrants who start companies and win World Series, of silvery skyscrapers and moonshot cancer fighters, of astronauts who train for Mars, culinary stars and energy upstarts, of money that’s fast and beats that are slow and surreal, what should the mayor of Houston look like? Or talk like? Or act like?

Of all the options, chances are, you didn’t envision a 74-year-old white male career politician from Hillsboro who is partly funded by Republican megadonors and proposes to fight crime by enlisting the help of 200 Department of Public Safety troopers.

Chances are, you didn’t envision John Whitmire.

With that description, it’s easy to assume that he fits a mold, even the one in a TV attack ad lumping the lifelong Democratic state senator with Republicans, suggesting he’s buddies with Gov. Greg Abbott and that somehow he’s the darling of the NRA — even though the organization gives his voting record an F.

Whitmire fits no mold. He has charted his own course, from his meteoric rise as a college dropout who at 23 won a newly created state House seat, to to his evolution from Texas House class clown to Senate criminal justice chairman, to his transformation from prison builder to bipartisan criminal justice reformer. Whitmire earned national recognition in the mid-2000s for teaming up with a Plano Republican to show that a “tough on crime” state could be “smart on crime” as well by closing prisons and, instead, expand diversion and treatment programs. He was later heralded for ending Texas’ biased pick-a-pal grand jury system and protecting mentally ill inmates through the Sandra Bland Act. Today, Whitmire represents a majority Black and brown district and is the longest serving member in the Senate, earning him the honorary title of “dean.” He’s the only Democrat to chair a committee in the Republican-controlled chamber.

[…]

As mayor, Whitmire insists he’d be committed to diversity and equity, and the city’s 22 department heads will reflect that. What he lacks in youthful pep or pigment he makes up in connections and know-how: “You don’t have my experience when you’re 35. It’s that simple. I’ve worked with nine mayors and seven governors,” he says. “Experience matters.”

While deploying his $10 million war chest in the race was a controversial if legal move, no one can deny that he has built an impressive coalition of support including Democrats, Republicans, community groups, labor unions, law enforcement and people across Houston’s vast rainbow of racial and ethnic diversity. And yes, some supporters such as Richard Weekley and Jim “Mattress Mack” McIngvale have given to Republicans and Tilman Fertitta, who donated $100,000 to Trump’s reelection bid, though all have given to Democrats. Whitmire says all they can expect in return is good governance.

It’s clear that Whitmire is well-prepared to do the unglamorous work of making this city function. After we considered the ideas, experience and campaign finances of 18 Houston mayoral candidates, only Whitmire, longtime U.S. Congresswoman Sheila Jackson Lee and businessman Gilbert Garcia made our short list.

Like Whitmire, Jackson Lee, 73, is a Houston mainstay. Also a Democrat, she served as an appointed municipal judge and was elected three times to the Houston City Council before being elected to Congress in 1995.

She is a tireless advocate for her majority-Black district, and a champion of immigrant causes. She authored the Juneteenth National Independence Day Act and fought for the passage and recent reauthorization of the Violence Against Women Act.

On the other hand, she has never been able to shake her reputation as an imperious, micromanaging boss and difficult colleague. No doubt, racism and sexism make her a favorite target of the political right, but it’s hard to dismiss her persistently high staff turnover, misbehavior on airplanes and testimony from former staffers alleging abusive treatment.

She makes no apologies. “This is a tough business,” she told the editorial board, “and, yes, women are treated differently for being tough, and I am tough. There is nothing that I ask my staff to do that has not been relevant to the people of this constituency.”

Jackson Lee emphasizes her Washington connections, an advantage when the city is seeking billions in federal funds. She told us she wants to make Houston a tech city, a livable city. She will work to create jobs and ensure public safety, she said, while making sure that basic services meet Houstonians’ needs.

VOTING IN HOUSTON: What to know before the 2023 elections

We believe she has served Houston extraordinarily well, and we have endorsed her for reelection to Congress time and again. But she’s not the bridge builder Houston needs now at City Hall.

At 60, Gilbert Garcia is a relative youngster. Engaging, with a neon exuberance in discussing everything from public pension portfolios to Broadway musicals, he has given generously to Democratic candidates but has never before run for elective office. A native of Corpus Christi and a Yale graduate, the first in his family to attend college, he touts his experience building Garcia Hamilton & Associates from managing $200 million in fixed-income assets to $21 billion, as well as his stint as chair of Metro from 2010-2016 under former Mayor Annise Parker.

By all accounts he pulled off a turnaround at Metro. Though he had no background in transit, he led what had been a troubled agency to triple the size of its rail system, redesign its local bus network and stabilize finances — all while insisting on transparency. He’s a numbers man frustrated with Houston’s dysfunction. Bad roads, bad garbage pickup, boil-water notices, he fumes: “You can go on and on.” He’d act as a budget hawk while making the city work efficiently for all.

Garcia’s optimism and ambition — he imagines Houston becoming a financial capital for Latin America — are refreshing. But as evidenced by his largely self-funded campaign, he hasn’t built a coalition of community support. We fear a lack of political connections and savvy would frustrate his goals.

When my wife saw the endorsement in the Sunday paper, she asked me if this was a surprise to me, and I said no, not at all. I’m a little surprised to see that the Chron only interviewed three candidates for the endorsement – you can see some video of that conversation in the piece – if only because they appear to have reached out to every candidate in all the other races, no matter how unlikely they were to win. I get it, life is short and it’s hard to justify that much effort on candidates who will struggle to get a half a percentage point in the final tally. I don’t recall them doing it this way before, and they also didn’t send their screening questionnaire to everyone (again, and for the same reasons, I get it), so I’m just a little surprised.

All that said, if you had asked me who their three finalists would have been, these were the three I would have predicted. I figured Whitmire was a strong favorite, with Gilbert Garcia having an outside chance if Whitmire blew the interview or they were in a “let’s shake things up” mood. It never occurred to me that they would endorse Sheila Jackson Lee. Whether that’s limited imagination on my part or theirs, you can decide.

However one feels about John Whitmire, there is a substantial chance that he will be the next Mayor. I have two major reservations about his candidacy. One, which I’ve touched on before, is that I think bringing DPS troopers to Houston, even on a scope-limited basis, is a bad idea. They’re not accountable to a Houston Mayor, and so unleashing something we can’t control has all kinds of downside risk. If we had a trustworthy state government – hell, if we had a state government that wasn’t bent on our destruction – I could be talked into this. But we don’t, and as we should know from decades of horror movies, letting the vampire into your house never ends well. Ask Kirk Watson about that.

Two is a broader expression of that first point. Senator John Whitmire, with his fifty years in the Capital and personal relationships with anyone who ever was anyone in Austin, is confident that that experience and those personal relationships with the various power brokers and other People Of Influence will be to Houston’s benefit as Mayor. And again, if we had a non-malevolent state government, I would not only agree with that, I’d tout it as a unique strength that Whitmire has. It should be a strength. As recently as when Mayor Turner took office, I for one would have seen it as a strength. Mayor Turner, with a similar level of experience and personal relationships, was the right person at the right time to push pension reform through, and it was a huge win for the city. I’d like to think we could have something like that for our next set of challenges going forward.

The problem is that many of those challenges are the result of the state putting its boot on our neck. Even before the “Death Star” bill, there’s been an inexorable march towards taking away the ability of cities to govern themselves. Republicans in the Legislature and their seething primary voters, including those who live in these cities, see us as a decadent force that needs to be dominated. They’re not interested in nice bipartisan solutions to thorny problems; quite the reverse. I don’t doubt that John Whitmire could get Greg Abbott and Dan Patrick and Dade Phelan and whoever else on the phone and tell them what Houston’s needs are (and aren’t) and ask them to help us out. What I do doubt is that they will see any reason or incentive to do their part.

The larger concern there is that a Mayor Whitmire would see his experience and connections and overvalue them, on the understandable but (in my view) mistaken idea that they mean something to the people on the other end of those connections. I fear that he could get strung along by his colleagues, in the way that President Obama got strung along in the first debt ceiling fight by the “moderate” Republicans in Congress, and in doing so foreclose other avenues to address issues. I fear that given the chance to improve the city’s political standing by working to vote out particular members of state government, Whitmire will value his connections above that possibility and thus contribute to leaving us in a position of subservience that much longer. Yes, of course there’s a risk in campaigning against someone who has a good chance of winning. You can’t avoid risk in politics. I’m just saying that the risk of not going for it tends to be downplayed in ways that it shouldn’t be.

There’s an analog here to the value of then-State Rep. Sarah Davis, the mostly moderate (certainly by modern GOP standards) from HD134, whose presence in the Lege and on various committees was supposed to be a tempering factor against the majority’s baser and more troglodytic instincts. If you thought she was effective in that role, it made sense to support her re-elections even against strong Democratic opponents. If you didn’t – if you thought the real way to moderate our government was to have at least one part of it be under Democratic control – then it made sense to support her Democratic opponents, as hers was a rare swing seat. You know where I stood on that, and I maintain that I was correct.

I could be wrong about all of this. It may be that I am grossly underestimating Sen. Whitmire’s relationships, and in doing so I am undervaluing their potential for good in a Whitmire administration. Like I said, it was only a few years ago that Mayor Turner achieved a big result on the back of his relationships in Austin. I guess it comes down to how similar you think the state of politics and bipartisanship – specifically, the state and value of bipartisanship for Republicans – is in 2023 compared to 2015. My assessment of that is not the same as Sen. Whitmire’s, hence my concerns. Your mileage may vary. If Sen. Whitmire becomes Mayor Whitmire, I will very much hope that he’s right and I’m wrong. I’m just not feeling that hope right now.

Posted in Election 2023 | Tagged , , , , , , , , , , , , , , , | 12 Comments

October 2023 campaign finance reports – Senate

As was the case with the July reports, we have a lot more candidates now than we had three months ago, or six months ago in April. In fact, we now have so many people running for Senate, and filing actual campaign reports, that I’ve decided for now to split the Senate reports from the Congress reports. Let’s get to it.

Colin Allred – Senate
Roland Gutierrez – Senate
Carl Sherman – Senate
Thierry Tchenko – Senate
Heli Rodriguez-Prilliman – Senate
Steve Keough – Senate
Tracy Andrus – Senate
Meri Lizet Gomez – Senate


Dist  Name             Raised      Spent    Loans    On Hand
============================================================
Sen   Allred       13,561,666  5,641,682        0  7,919,983
Sen   Gutierrez       632,359    252,482   56,432    379,877
Sen   Sherman          82,775     11,960        0     70,814
Sen   Tchenko          82,686     45,379        0     32,306
Sen   R-Prilliman      28,087     26,578   24,803      1,508
Sen   Keough           24,802     18,017    6,050      6,785
Sen   Andrus           18,260      9,038        0      8,836
Sen   Gomez            11,044     11,000        0         44

I think we need to start with this.

State Sen. Roland Gutierrez, D-San Antonio, raised about $630,000 in the first months of his U.S. Senate campaign, according to a campaign finance report covering July through September.

He’s one of eight Democrats running for his party’s nomination to take on U.S. Sen. Ted Cruz in 2024, along with U.S. Rep. Colin Allred, a three-term congressman from Dallas who brought in $4.7 million in the same span.

Gutierrez reported having about $380,000 on hand as of Sept. 30, while Allred had $7.9 million.

Filing for the March 5 primary opens Nov. 11 and closes Dec. 11.

[…]

While Allred’s congressional district includes some of the wealthiest zip codes in the state, Gutierrez represents a state Senate district that encompasses some of its most economically disadvantaged parts.

Gutierrez’s allies characterize his campaign message as “more agitational than aspirational” as he seeks to highlight how the state’s Republican leadership has left rural Texas behind.

From his perspective in the state Senate, Gutierrez has blasted GOP leaders for prioritizing issues like border security and private school vouchers over access to health care and public school funding. Those decisions combined with Texas’ lax gun laws, Gutierrez says, created an environment that led to the massacre at Uvalde’s Robb Elementary.

Uvalde is in Gutierrez’s district, and he’s dedicated significant energy to hunting down answers about what happened that day, as well as probing law enforcement’s response.

“I made a decision to run for the United States Senate because I was a little angry, and I’m still a little angry,” Gutierrez told a gathering of the Bexar County Young Democrats at the Friendly Spot in August. “It might not be the right reason to run for something, but it’s why I’m running.

While the audience seemed to appreciate that sentiment, plenty of Democrats who like Gutierrez still question why he would enter a race against Allred, even before the most recent fundraising reports. Gutierrez launched his campaign on July 10, after Allred had already started campaigning and raising big money.

One audience member at the Friendly Spot asked Gutierrez what his supporters should say when they’re out door-knocking and encounter people who are already supporting Allred.

“A lot of the attention right now is on your opponent,” the woman said. “If [we’re] trying to flip them, what can they say?”

Gutierrez replied that a competitive primary is good for Democrats, to sharpen the candidates and raise awareness about their priorities. He advised the woman that he’s the “more progressive candidate” in the race, but added that he had no plans to attack Allred, a former NFL player and Baylor football standout who ousted a Republican incumbent to win his seat in 2018.

“He’s a nice fella. He’s spent a lot of money, a lot more money than we did. … I know he’s getting more media than I am, and we do our fair share,” Gutierrez said of Allred. “… But I’m not going to start a fight with him.”

I will admit, I’d have thought Sen. Gutierrez would have raised more than this. Whoever the nominee is will be able to count on both a better statewide network for fundraising as well as some national money, though maybe not from the DSCC. You still want to get off to a running start, and I’d call this more of a modest trot. Gutierrez has fire in his belly, a signature issue, and plenty of news coverage, all of which will help. I’d still like to see him hit seven figures for the January report.

There are two names of interest missing here. One is now-former Nueces County DA Mark Gonzalez, who resigned in September to enter this race. He would have had about three weeks to fundraise, and it’s possible he decided to wait till October to start with that so as not to post a relatively tiny sum for this report. Or maybe he’s just a late filer. I don’t know. I don’t see anything in the news to suggest that he changed his mind about running, so I assume we’ll see his numbers in January. The other is former Midland City Council member and 2020 Senate candidate John Love, who was in the race before Colin Allred was. It appears he has taken his talents to CD06, which his campaing website now reflects. I’ll report on him when I look at the Congressional candidates.

The other recent entrant into the race is State Rep. Carl Sherman, who did post numbers for this period even as he had slightly less time than Mark Gonzalez to collect cash. As an incumbent legislator, he may have been better prepared to ramp it up, but even so you can see what two and a half weeks of that can get you. As with Gonzalez, we’ll see what he has to show in January.

Not much to say about Colin Allred, is there? He’s knocking it out of the park. Keep doing what you’re doing, dude.

Finally, I had the opportunity to meet and talk to Thierry Tchenko the other day. Good guy, running for good reasons and with a high level of energy. I enjoyed meeting him. He’s still going to have all of the challenges that someone running statewide with that balance sheet will have, but he was clear-eyed about it. That’s all I can ask.

I’ll report on the Congressional candidates next. Let me know what you think.

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DeBakey students finally get an AP Physics teacher

Better late than never and all that, but sheesh.

AP Physics students at the DeBakey High School for Health Professions had a new teacher Wednesday after Houston ISD lifted a hiring freeze that had kept the position vacant since the start of the school year, forcing students to teach themselves college-level science.

The new teacher was hired on Friday, a day after Superintendent Mike Miles said the district was nearly finished with a staffing audit that led them to ask schools to limit hiring, according to an HISD spokesman. Students said they learned about the appointment Wednesday morning and had their first class with the teacher that same day.

“She seems super nice and (like) a very good teacher,” said senior Zain Kundi, who led a student petition to fill the vacancy, via text message. “She was able to teach us more in 40 minutes than the last eight weeks of us (teaching ourselves).”

An HISD spokesman confirmed Wednesday that the district has completed its staffing audit at 85 schools in or “aligned” with Miles’ New Education System, where enrollment was lower than projected to start the school year. The district had asked the rest of its schools to limit hiring while it conducted the audit, to give teachers whose positions were eliminated the first chance to apply for open positions.

The district did not reveal Wednesday exactly how many teachers were placed in its “excess pool” following the audit. Miles said that those teachers will carry out their contracts and may be asked to fill vacancies throughout the year, but a new measure passed by the district’s appointed Board of Managers last month will allow HISD to terminate contracts for teachers in the excess pool at the end of the year.

See here for the background. I get that the audit was important, and I’m sure Mike Miles would say it was key to his process and we all just don’t understand and blah blah blah. What I’m saying is that the situation at DeBakey was a complete fiasco and an unforced error. The purpose of a school district is to provide teachers for the classes, and HISD utterly failed in this instance. How could they not make this a priority? Any kid who later fails to get a sufficient score on their AP test to get college credit for the class has every right to blame HISD and Mike Miles for this. What a mess.

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Galveston redistricting ruling paused

The Fifth Circuit strikes again.

Commissioner Stephen Holmes

Less than a week after a federal judge ruled Galveston County’s precinct maps violated the Voting Rights Act, the U.S Fifth Circuit Court issued a stay on the order.

U.S. Circuit Court Judge Jeffery V. Brown ruled Oct. 13 that a newly drawn Galveston County commissioner’s precinct map denied Black and Latino voters an equal opportunity to select a candidate of their choice.

But on Wednesday, the Fifth Circuit Court of Appeals issued a stay on Brown’s order until Nov. 2, the day after the county was supposed to present its newly proposed map to Judge Brown. This original deadline was to ensure a new map would be in place before the window for applicants to apply for the 2024 Galveston County Commissioner’s Court election opened on Nov. 11. It is currently unclear how the stay will impact the deadline.

[…]

This lawsuit was the first test of section 2 of the Voting Rights Act of 1965 since the Supreme Court upheld it in June in regard to the redistricting of Alabama’s congressional maps. This section prohibits voting practices or procedures that discriminate on the basis of race or color.

See here for the background. The trial judge denied an emergency motion to stay the injunction before the Fifth Circuit stepped in. They have now set a date of November 7 for oral arguments on the “emergency” appeal (they used quotes in their order), with the stay on the injunction to last through November 10. The timing here is key, because the filing deadline for the 2024 primary is December 11, so if the injunction is not restored by then, the new map will be used. I can’t say there’s any reason for optimism. Democracy Docket has more.

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Weekend link dump for October 22

“For many, the sight of a handcuffed Keffe D being marched into court was a stunning breakthrough in one of the most enduring murder mysteries in hip-hop and American celebrity. But for the people who have followed the case since that chaotic, bloody scene in Las Vegas that night, Davis’ arrest is a resolution that’s several decades too late. After all, the case could have been wrapped up by the end of 1996.

“Six months later, we can see that the effects of leaving Twitter have been negligible. A memo circulated to NPR staff says traffic has dropped by only a single percentage point as a result of leaving Twitter, now officially renamed X, though traffic from the platform was small already and accounted for just under two percent of traffic before the posting stopped.”

Fruit fly genetics are fascinating.

“The U.S. Senate is working on a bill to prevent the use of artificial intelligence to steal appearances or voices of singers, actors and other artists for profit.”

“Just as Netflix is getting out of one business with the closure of its DVD rentals, it looks like it’s getting into the physical realm in a different way. Bloomberg reports that the streamer is planning to launch new retail destinations — dubbed Netflix House — that will offer not only things to buy but also food and other experiences themed after whatever is hot on Netflix at the moment. There aren’t a lot of specifics right now, such as where these permanent spaces might eventually open, but the first locations are expected to launch in the US in 2025.”

A Suits spinoff is in the works, for those of you that are into that sort of thing.

RIP, Suzanne Somers, actor and entrepreneur, best known for her role on Three’s Company.

RIP, Piper Laurie, Oscar-nominated actor best known for The Hustler and Carrie.

RIP, Phyllis Coates, the first actor to portray Lois Lane on television.

“The Giants have formally interviewed assistant coach Alyssa Nakken for their managerial opening, the club confirmed on Sunday. […] Nakken, 33, is believed to be the first woman to interview for a managerial position in the Majors, adding to her trailblazing legacy with the Giants.”

“But you’d really think one Speaker wrestling molestation scandal would be enough for House Republicans. I mean, really? What are the odds?”

“In a new initiative announced on October 3, the US Fish & Wildlife Service is working with the nonprofit Revive & Restore and other partners to create a “genetic library” of the country’s endangered species—before it’s too late.”

“The details of the alleged assaults are stomach-churning, but the lawsuit also portrays Tim Ballard as akin to a cult leader: paranoid, narcissistic, and prone to delusions of grandeur.”

“Amazon has quietly rolled out support for passkeys as it becomes the latest tech giant to join the passwordless future. But you still might have to hold onto your Amazon password for a little while longer.” (NB: “Passkeys” refers to biometric authentication, like face or fingerprint ID.)

Lock them up longer.

“Sex. He’s talking about sex. And while I cannot speak for everyone, this was also the first thing that occurred to me and to almost everyone else in my church youth group and private Christian school classes whenever we were assured that the imminent return of Christ, Rapture, and destruction of the universe was sure to occur within, at the most, the next decade. We thought about how this meant that none of us would ever get to have sex.”

“Hey, Scholastic, Maybe You Could NOT Help Out The Censors?”

RIP, Joanna Merlin, actor and casting director best known for originating the role of Tzeitel in the Broadway musical Fiddler On The Roof.

Fifth Circuit delenda est.

“Lawyer Sidney Powell pleaded guilty to reduced charges Thursday over efforts to overturn Donald Trump’s loss in the 2020 election in Georgia, becoming the second defendant in the sprawling case to reach a deal with prosecutors.”

“With the proliferation of photos/footage, satellite imagery and map data, forensic video/image analysis and geolocation (~OSINT) has clearly been a key news gathering technique for several years now. A key news gathering technique *completely absent from most newsrooms*.
Obviously not every journalist should be an OSINT specialist, just as not every journalist is a specialist in combing through financial accounts, or scraping websites, or doing undercover investigations. But any large news org should have *some* OSINT specialists.”

RIP, Burt Young, actor best known for playing Paulie in the “Rocky” movies.

Bankrupt him.

“With the guilty plea and cooperation deal Georgia prosecutors struck on Thursday with Team Trump attorney Sidney Powell, Chesebro’s plea deal should be viewed as an earthquake in the case against Trump.”

“Rather, I start with this portrait to emphasize the extreme asymmetry of the conflict now unfolding in Gaza: the truly deranged nature of Hamas’s decision to initiate a war against the region’s preeminent military power—and to do so in a fashion of almost unimaginable brutality that necessarily brings the full weight of Israeli military power against a territory, teeming with civilians, which the militia cannot possibly hope to defend; the impossibility of an effective Israeli military operation in Gaza without horrifying civilian death and destruction; and the concurrent impossibility of refraining from conducting such an operation given the extreme proximity of these two populations across this line and the need to prevent similar atrocities in the future. These are the conditions against which we have to consider the strategy, law, and morality of Israeli military operations in Gaza”.

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What early voting looked like in 2015 and 2019

Tomorrow we start voting – well, technically, tomorrow we start voting in person. People have already been sending in mail ballots, as we’ll see when the Day One EV totals are posted. I will of course report on this as we go along, but to get us started, here’s a look back at the early voting data from the last two city elections, in 2019 when Mayor Turner had to fight off several challengers, and in 2015 when Turner prevailed over a large field to succeed Mayor Parker. The final EV totals from 2015 are here and from 2019 are here, and I’ll refer to those as I post the daily EV numbers for this yeaer. The final EV totals from 2013 are here. I don’t plan to include those in my daily reports, but I’m posting them here for reference.

One thing to note before we go any further is that the daily EV numbers for this year and all of those final EV numbers above are for all of Harris County. That means that some of them are not for the city of Houston elections. Also, there are some Houston voters in Fort Bend (a few thousand) and Montgomery Counties (a few dozen). I don’t track them, mostly because I don’t get the daily EV totals sent to me. Every time I refer to “Houston” below, I am referring to the share of Harris County voters that are in Houston.

Okay. The numbers, please:


Total early votes

Year    Mail    Early    Total
==============================
2015  29,859  164,104  193,963
2019  15,304  137,460  152,764

Ballots mailed and returned

Year  Mailed  Returned  Percent
===============================
2015  43,280    29,859    69.0%
2019  26,284    15,304    58.2%

Houston EV share

Year   Hou EV HarrisEV  Hou Pct
===============================
2015  134,105  197,783   67.80%
2019  109,144  158,029   69.07%

Houston EV rate

Year    Early    Total   EV Pct
===============================
2015  134,105  268,874   49.88%
2019  109,144  244,979   44.55%

The first table is just the early votes by type. In 2015, mail ballots were 15.4% of all early votes, while in 2019 that was 10.0% of the total. Do remember that the 2015 election also included the anti-HERO referendum, and that drove a certain amount of turnout, which included mail ballots. My guess for this year is that the mail ballot share will be between these two numbers, probably closer to the 2019 level.

“Ballots mailed and returned” means what it says, the percentage of mail ballots that had been sent to those who requested them and who returned them. Again, the 2015 anti-HERO vote likely drove a lot of the interest here, both for requested and returned ballots. Remember that some number of mail ballots get returned on the Monday and Tuesday after early voting, so the final mail ballot total is higher than what you get in the daily EV reports.

“Houston EV share” is the percentage of the early vote in Harris County that came from Houston. There was a Metro referendum in 2019, and four Harris County referenda, one of which was a Harris County flood control proposal, on the ballot as well those years. I’m actually a little surprised that the Houston share of the vote was smaller in 2015 than in 2019, but overall it’s not that much different. Expect the Houston share of the vote to be in this range this year as well.

Finally, the “Houston EV rate” is the share of all Houston votes that were cast early, including mail ballots. Those numbers are almost shockingly small, especially in comparison to the EV shares we see in even-numbered years, where it’s well over 80% for Presidential elections. I expect this to be higher this year just because the trend is generally in that direction, but this is a reminder that historically, the people who vote in odd-numbered years, mostly city of Houston voters, still like voting on Election Day. Don’t be alarmed if the early vote totals are not as robust as you might think they’d be because of this.

Posted in Election 2023 | Tagged , , , , , , , , | 1 Comment

NHTSA investigating Cruise

Of interest.

A driverless Cruise car sits in traffic on Austin Street in downtown Houston on Friday, Sept. 22, 2023. Photo: Jay R. Jordan/Axios

U.S. regulators are investigating General Motors’ Cruise autonomous vehicle division after receiving reports of incidents where vehicles may not have used proper caution around pedestrians in roadways.

The National Highway Traffic Safety Administration said that the reports involve automated driving system equipped vehicles encroaching on pedestrians present in or entering roadways, including crosswalks. This could raise the risk of a vehicle striking a pedestrian, which could result in severe injury or death, according to the NHTSA.

The NHTSA’s Office of Defects Investigation said that it’s received two reports involving pedestrian injuries from Cruise vehicles. It’s also identified two additional incidents from videos posted to public websites. The office said the total number of relevant pedestrian incidents is unknown. It opened an investigation on Monday.

“Cruise’s safety record over 5 million miles continues to outperform comparable human drivers at a time when pedestrian injuries and deaths are at an all-time high,” Cruise spokesperson Hannah Lindow said in a prepared statement. “Cruise communicates regularly with NHTSA and has consistently cooperated with each of NHTSA’s requests for information –– whether associated with an investigation or not –– and we plan to continue doing so.”

The ODI said its investigation is being opened to help determine the scope and severity of the potential problem, including causal factors that may relate to ADS driving policies and performance around pedestrians, and to fully assess the potential safety risks.

Reuters adds a bit more detail.

The National Highway Traffic Safety Administration (NHTSA) said has received two reports from Cruise of incidents in which pedestrians were injured, and identified two further incidents via videos posted on websites.

NHTSA said the reports suggest Cruise vehicles are “encroaching on pedestrians present in or entering roadways, including pedestrian crosswalks, in the proximity of the intended travel path of the vehicles,” and the issue “could increase the risk of a collision with a pedestrian, which may result in severe injury or death.”

One incident occurred Oct 2 in San Francisco in which a pedestrian was struck by a hit-and-run driver, thrown into an adjacent lane and hit a second time by a Cruise robotaxi, which was not able to stop in time and trapped the pedestrian for a period of time.

NHTSA’s preliminary evaluation covers about 594 Cruise vehicles and is the first step before the agency could seek to force a recall.

Unclear to me how that will affect the current rollout of Cruise service, though one presumes that if it comes to a recall there will be a pause. I’ve said that I’m still distrustful of the current technology, but as I’ve seen noted elsewhere, if a root cause to whatever happened with these incidents can be identified, the fix can be applied across the entire fleet all at once. There’s nothing close to a human equivalent for that. Anyone tried one of these things yet? Leave a comment and let us know. The Chron has more.

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Endorsement watch: Hernandez and Allen in HISD

The Chron does remember that there are HISD races on the ballot.

Dani Hernandez

It’s the board of managers that has the voting power on district decisions, a task some critics say it has fulfilled by largely rubber-stamping Superintendent Mike Miles’ plans.

But there is still an HISD board election this November.

Four of the nine seats are open on the elected board with two incumbents facing challengers and two more candidates in unopposed races. Will the winners ever have any voting power? The timeline for the state takeover depends on the district meeting three specific criteria, including complying with special education requirements and ensuring no school receives a D or F rating from the state for two or more years in a row. Once met, the board would begin to transition back to an elected board, with three board members added at a time over roughly two years.

Realistically, it will probably be awhile until elected board members have voting power again but there are multiple reasons voters should still care about who is serving in those seats.

We want a strong board in place whenever that transition happens. And in the meantime, we want informed and engaged representatives who can listen to the public, help advise the administration and use their bully pulpit to effect positive change.

In both races with challengers, we believe the incumbents have the deep roots, board know-how and student-focused priorities to help speak for and with the community as the district navigates uncertain times.

We’re also concerned that the challengers, to varying degrees, would ensnare HISD in ideological battles it has so far largely avoided. There’s a risk that, with voters’ attention elsewhere, far-right interests could find their way on the board. Both list “parental rights” among their top priorities. In Texas, parents already have the ability to opt their students out of class activities that conflict with their religious or moral beliefs. But conservative leaders have taken up the cause to push for still more influence over public schools, using the talking point to support everything from vouchers to pulling books from library shelves.

In District III, which spreads east from Carnegie Vanguard High School to Chavez High School, incumbent Daniela “Dani” Hernandez was a bilingual teacher in the same HISD elementary school that she once attended as a child. Our pick in 2019, Hernandez, 35, was part of a shakeup on the board that marked a turning point in governance and eventually became the board president. Since the takeover, she’s shown a willingness to work alongside the state-appointed leaders and hasn’t hesitated to also share her concerns, especially community concerns around the integrity of bilingual programs.

“There’s a very big need in HISD for proper bilingual education,” said Hernandez.

Dr. Patricia Allen

[…]

In District IV, which covers portions of southeast Houston including Yates High School down to Sterling High School, voters have a smart and deeply-rooted incumbent with Patricia Allen.

“I am Houston ISD,” Allen, who is the daughter of state Rep. Alma Allen, told us.

A graduate of Madison High School, Allen, 65, has also taught and worked as a principal here before getting elected in 2019. Her election was part of a marked improvement in board governance and when trustees found themselves in a deadlock after 10 votes, they chose Allen to serve as board president in 2021.

Allen tends to work behind the scenes as problem solver. She has talked with the members of the board of managers and Miles and said she’s particularly focused on making sure that gifted students are still engaged and challenged within the curriculum coming from the central office and that schools that had to sacrifice their libraries still find a way to bring reading and enrichment opportunities to their students.

While she has been opposed to the takeover, Allen believes she can still play a constructive role by providing feedback to Miles and the board of managers, and by working with them to address longstanding inequities in the district.

My interview with Dani Hernandez is here. I reached out to Patricia Allen for an interview but she declined the invitation. Both are and have been good solid Board members, and just as importantly their opponents are “parental rights” candidates, and we don’t need or want that crap. Make sure you vote in these races, and tell everyone you know to make sure they vote in these races. We can’t afford any screwups.

UPDATE: The print edition has their Mayoral endorsement, and it’s for Whitmire. I assume that will be online soon if it’s not already.

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Early voting starts Monday

Are you ready?

Early voting for the November 7 Joint General & Special Elections begins Monday, October 23, and ends Friday, November 3. A total of 68 voting centers will be open from 7 a.m. to 7 p.m. each day, except for Sunday, October 29, noon to 7 p.m.

“There are 14 state constitutional amendments and the Harris County Hospital District proposition,” said Harris County Clerk Teneshia Hudspeth. “Only voters who live within the City of Houston’s legal boundaries are eligible to vote in the Houston Mayoral and City Council races.”

For a sample ballot, click here. Enter the name, address, or Voter Unique Identifier (VUID) on your voter registration certificate to view all the contests and candidates. Sample ballots are unique to an individual’s address. Voters are encouraged to review or print their sample ballot before heading to the polls. Voters can take their printed sample ballot into the voting booth for reference.

“Voters are encouraged to vote during one of the 12 days afforded by the early voting period and not wait until Election Day,” added Clerk Hudspeth. “As usual, voters can vote at any one of the available Early Voting Centers in Harris County, near home, work, school, or wherever is most convenient.”

The following forms of photo ID are acceptable when voting in person:

  • Texas Driver’s License issued by the Texas Department of Public Safety (DPS)
  • Texas Election Identification Certificate issued by DPS
  • Texas Personal Identification Card issued by DPS
  • Texas Handgun License issued by DPS
  • United States Military Identification Card containing the person’s photograph
  • United States Citizenship Certificate containing the person’s photograph
  • United States Passport (book or card)

Voters who do not possess and cannot obtain one of these forms of photo ID may fill out a Reasonable Impediment Declaration (RID) at a Vote Center and present another form of ID, such as a utility bill, bank statement, government check, or voter registration certificate.

The deadline to request a ballot by mail for the November 7 election is Friday, October 27 (received, not postmarked). To be eligible to vote early by mail in Texas, you must:

  • be 65 years or older
  • be sick or disabled
  • be out of the county on election day and during the period for early voting by personal appearance
  • be expected to give birth within three weeks before or after Election Day
  • be confined in jail but otherwise eligible.

Additional election information is available at www.HarrisVotes.com. For news and updates, follow us on social media at @HarrisCoTxClerk and @HarrisVotes.

Vote early, that’s my advice. Listen to my interviews if you want to know more about the candidates. The Erik Manning spreadsheet will tell you who’s been endorsed by whom. Progress Texas has a good list of endorsements on the statewide propositions.

And Houston Landing has a few words with County Clerk Teneshia Hudspeth.

With early voting set to begin next week, Harris County Clerk Teneshia Hudspeth on Friday said the county has made adjustments to ensure a smooth election process, including hiring more workers and stocking polling locations with more paper.

The Nov. 7 election will be the first since the state enacted a law that eliminated Harris County’s election administrator position, returning the responsibility of maintaining voter registration rolls and conducting elections to the county tax assessor-collector and county clerk offices. The two offices previously handled election duties before Commissioners Court established the elections administration office in June 2021.

Hudspeth’s remarks came one day after the Texas secretary of state’s office issued a preliminary audit report that found Harris County had “multiple failures” while running the 2022 election that may have prevented people from voting. The office has not yet said when it will release an official report.

The report, which stopped short of saying that election outcomes may have been affected, said that election judge training was insufficient and that several voting locations ran out of ballot paper.

[…]

Hudspeth said she is confident she is prepared for the election and implemented as many adjustments that were possible within the limited time frame. Those adjustments also align with some of the audit findings.

Hudspeth said one of the first things she did after gaining control of elections was meet with the secretary of state and ask for feedback on how things were run. She said the two have been in “continuous communication” and that she revamped some processes, including election training, based upon the state’s assessment.

Instead of 70 election trainings, the county now will offer 120, Hudspeth said, and each polling location will be stocked with twice the amount of paper as last year.

She also said her office will have additional workers to address technical difficulties at polling places, on top of more than 140 extra people at the NRG Arena counting center that can be deployed to voting locations if needed

“I cannot answer for November 2022 because I did not run that election,” Hudspeth said. “What I can say is that this is a big county. It’s the third largest county in the nation. And there is no such thing as a flawless election, but I can guarantee you that in all my years of working elections, we have conducted successful elections that follow state and federal guidelines.”

I covered most of the non-audit ground in my interview with Teneshia Hudspeth, which you should listen to. We’re all rooting for a smooth election. I’ll bring you the daily EV vote totals. I’ll put up a review of the last two city elections tomorrow.

Posted in Election 2023 | Tagged , , , , , , , , , , , | 5 Comments

“Stuck with H-GAC”?

Sure seems a bit late in the game to be raising this possibility.

This November, Houstonians will decide whether the city should stay in a regional planning body that does not offer it proportional voting power. But City Attorney Arturo Michel warns that even with voter approval, legal roadblocks could hinder Houston’s ability to simply walk away.

The ballot measure, Proposition B, seeks to give Houston more say in the Houston-Galveston Area Council. Established in 1967, H-GAC is a 13-county planning council often in charge of doling out billions of federal and state dollars a year to its over 100 local government members.

While Houston makes up over 30% of the population covered by H-GAC, only two city officials serve on its 37-member board. To change what they consider “severe underrepresentation” of Houston and Harris County, advocates from a newly-formed grassroots group, Fair for Houston, garnered over 23,000 signatures earlier this year to put a charter amendment on the ballot.

If approved, the measure would require Houston to leave any council of governments that does not apportion votes based on population. The goal, organizers said, is to force H-GAC to give Houston and Harris County more representation. If negotiations fail, Houston will then have to exit H-GAC and lead the creation of another regional planning body.

Using departure as a bargaining tool, however, may not be as viable as organizers have hoped, according to Michel. In a recent memo to Mayor Sylvester Turner, the city attorney noted under federal law, Houston would need to obtain approval from the governor and a two-thirds majority of the region’s local government members in order to create a new planning group, which “may not be practically feasible.”

“If you want to create an organization that would compete for similar dollars, what’s the incentive for the third-party approval on that?” Michel said to the Chronicle. He added that any assumptions about the tangible impact of Proposition B’s passing are highly speculative at this point.

Alexandra Smither and Evan Choate, two Fair for Houston advocates, acknowledged the barriers but said they still see a way for the city to successfully navigate the withdrawal process. Above all, they said they believe the momentum from their advocacy work will persuade H-GAC leaders to work out a solution before Houston has to pull out.

Earlier this week, H-GAC board members voted unanimously to bring back a committee to take a renewed look at its voting structure. Chuck Wemple, the area council’s executive director, noted that this move was a direct response to the Proposition B campaign, with a primary aim to brace H-GAC for the potential aftermath should the measure be approved.

“We want to be prepared,” Wemple said to the Chronicle. “My hope is that we’ll figure out a way through it together.”

[…]

Fair for Houston advocates noted even if Houston exits the organization, it can continue to receive funding through H-GAC before forming a new regional body. But the city attorney said this belief relies on many assumptions that are simply not guaranteed.

Besides the need to secure external approvals, Michel said, there is also no rule stopping other members from voting against Houston’s interests during the interim period. Without a seat at the table, Houston will not be able to advocate for new projects or ensure its access to funds and opportunities.

“I think the fiscal impact of this is really hard to predict,” Michel said.

This would not be the first time H-GAC has reviewed its board composition. In April 2021, the board created a special committee to analyze new census data and consider adjustments to reflect population changes in different areas. At the time, however, there was not enough momentum to make any substantial changes, Wemple said.

In addition to reviving the committee to examine the larger H-GAC board, Wemple said he also intends to form a similar committee by the end of the month to evaluate the Transportation Policy Council’s voting structure.

“The board is open to the conversation and is aware that members need to have this space to have this conversation,” he said.

As you may recall, I asked about what the relevant laws were regarding the exit from a metropolitan planning organization (MPO) and the formation of a new one. It was also a point raised by former County Judge Ed Emmett in his op-ed opposing Prop B. The Chron editorial board didn’t explore the issue in its endorsement of Prop B. As the story notes, the two leading Mayoral candidates as well as a couple of City Controller candidates support Prop B.

All of which is to say, either a lot of us have been wrong about this, or at the very least haven’t been asking the right questions about it. So I asked again, sending a couple of queries to Ally Smither and Evan Choate of the Yes On Prop B campaign – they were the people I did that interview with. Here’s the correspondence:

Clarification: “Houston would need to obtain approval from the governor and a two-thirds majority of the region’s local government members in order to create a new planning group”

Houston needs a two-thirds majority vote to adjust the bylaws. If H-GAC updates its bylaws, the Governor plays no role in the process at all. The negotiations to adjust the by-laws, as Yilun mentions in the article, have already begun, which points favorably towards by-laws adjustment happening.

If Houston does pull out of H-GAC and the new MPO reforms around Houston, Houston needs governments representing at least 75% of the population; for context, this is Houston, unincorporated Harris County, and Fort Bend. This is where joint approval of those local municipalities would be matched with approval from the Governor.

Did Fair For Houston have a lawyer look into this before or during the petition process, and if so who was it and what did they say?

Yes, we did have multiple lawyers look at it both before and during the petition process. We worked with Texas Appleseed while drawing up the petition language, and consulted privately with some city and county lawyers. We have also independently and with several groups, looked at all the laws for COGs and MPOs both at a state and federal level. All the lawyers we spoke to say the same thing, that this is a precedent-setting viable path. However, because it would be precedent-setting, some of the laws surrounding MPOs specifically have not been tested in court and do not have case law around them. However, there is a plain meaning to many of the words, and the DOT has produced guidance that supports these interpretations of the law. We continue to see this as a primarily political move aimed at creating good-faith negotiations.

And two, does Fair For Houston/Yes On Prop B disagree with Michel’s conclusions?

We disagree with certain aspects of Michel’s assessment, and most particularly with the ways he frames and emphasizes certain risks. We are glad that the city is taking this seriously. However, we continue to think that because federal law is clear about the requirement for the participation of the largest city in an MPO, there is not a substantial risk of Houston losing a seat at the table. Moreover, his assessment, which seems to be focused on enumerating what he sees as potential risks, does not speak to the political opportunity of solving this through negotiations, nor weigh these risks against the substantial harms produced under the status quo.

The clarification was their input, I didn’t specifically ask about that. At this point, I trust that this campaign has done its homework, and I will need to see something specific to consider otherwise. It is also worth noting that H-GAC is already prepping for negotiations over its governing structure, which is the point of Prop B. It’s certainly worth weighing the potential downsides of this proposal. But don’t overlook the upside when you do.

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Endorsement watch: Reyes for At Large #1

The Chron is taking a detour in these last few pre-early voting days to endorse in elections other than City of Houston races, but they did endorse Conchita Reyes for At Large #1 along the way.

Conchita Reyes

Reyes is a native Houstonian — her family has roots in the city dating back to 1926 — and a small business owner. She’s got some political experience, having worked for the city controller’s office to pay her way through college. She has familial ties to the City Council — her aunt, Gracie Saenz, was the first Latina to serve in an at-large position during the 1990s. She also boasts significant political support, having been endorsed by Harris County Judge Lina Hidalgo, County Commissioners Adrian Garcia and Lesley Briones and former Mayor Annise Parker, among others.

What really made Reyes stand out is her facility with numbers, a quality that could prove valuable in the coming years, when the city will have to make some difficult financial decisions to balance the budget.

An accountant by trade, Reyes’ eye for detail was on display during our screening with candidates for this race. While many political candidates offer banal bromides about valuing “fiscal responsibility” and holding government agencies accountable for wasteful spending, few actually spend time watching City Council budget hearings, hoping to pinpoint areas to find efficiencies or save money.

[…]

Reyes is open to supporting a ballot referendum that would allow the city to bust the revenue cap, but only for public safety agencies, particularly the fire department. She noted that some Houston neighborhoods, even in more affluent areas such as Kingwood, have fire stations covered with mold and holes in the ground patched up with plywood. True to form, she rattled off the exorbitant costs of ambulances and fire engines, adding that firefighter cadets make subpar salaries for a city that is becoming less affordable to live.

Reyes would also hold the distinction of being one of the only Latina citywide representatives in a city that is nearly 45 percent Hispanic. She hopes to add to her family’s legacy of public service by opening the door for more economic development in Hispanic communities.

“When we had council members like my aunt, Gracie Saenz, we had more representation, more voice and more business opportunities,” Reyes said.

I reached out to her campaign to schedule an interview, but never heard back from them. I will admit I’ve probably given her candidacy less consideration than I should have because of that. She’s raised a decent if not remarkable amount of money for her campaign; perhaps with those prominent endorsements she’ll be better placed in a runoff. We’ll see how that goes. I will note that we have serious Latino/a contenders in all three open At Large Council races, with Reyes, Holly Vilaseca, and Richard Cantu. We could wake up on December 10 and find out that we’ve gone from one Latino on Council to five. That may be a stretch, but this is the first time in awhile there have been this many strong contestants.

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SOS releases 2022 Harris County election audit

They sure know how to time these things.

Texas Secretary of State Jane Nelson’s office on Thursday released preliminary findings from its audit of Harris County’s November 2022 election, the latest analysis of an election that has been the subject of intense scrutiny from state and local Republicans for nearly a year.

Harris County was one of four counties selected in July 2022 for an audit of its November election, along with Eastland, Cameron and Guadalupe.

A Secretary of State’s office spokesperson said Thursday that audits of the other three counties have not been released, nor are the release dates known yet.

[…]

The report comes just five days before early voting begins in a November election with the Houston mayoral race on the ballot.

Last December, the Secretary of State’s office released an audit of Harris County’s November 2020 election that identified numerous administrative errors but found no evidence of widespread voter fraud. The office released a letter days before voting began in last year’s November election, including some of their 2020 findings and warning that Harris County had not yet provided some required information to complete the audit.

See here and here for some background, and here for a copy of the preliminary findings. It’s a long report, but all you really need to read is the executive summary. Which, it should be noted, contained a couple of nice things about Harris County and the 2022 election:

In stark contrast to election day documentation, early voting polling place paperwork was largely complete and well-executed. Typically, early voting workers are more experienced and receive more training as they work more closely with the county election officer. The differences between election day and early voting paperwork are reflective of this discrepancy in training and experience.

Vote early, y’all. Most of us already do. Remember how there were basically no problems with early voting in 2022? Vote early.

The 2020 audit revealed that Harris County did not have documentation reflecting a continuity of operations plan or emergency management plans. Since 2020, Harris County has made an effort to develop adequate contingency, incident response, and emergency management plans, specifically with regard to elections and voter registration. Additionally, the Harris County elections office has worked with the Harris County Universal Services to ensure that elections operations are included in county planning. For security reasons, the details of such plans are confidential. Though Harris County has made progress in this area, the Secretary of State highly recommends that Harris County implement Vendor Risk Management Policies since the county relies on different vendors to store, maintain, and process election data.

And now we can all forget about the 2022 election audit and wait until they audit us again for 2024, because that’s just how it’s going to be. A response from the County Clerk’s office is here, and the Trib has more.

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San Marcos settles “Trump Train” lawsuit

I really hope this leaves a mark, because it should.

San Marcos police officers and professional staff must receive training on responding to political violence and voter intimidation and ways to develop community trust as part of a legal settlement approved Tuesday over a 2020 incident in which a caravan of Trump supporters were accused of harassing a Biden campaign bus as it drove on Interstate 35.

The city will also pay $175,000 to four individuals on the bus: former state Sen. Wendy Davis, who was running for Congress at the time; former Biden campaign staffer David Gins; campaign volunteer Eric Cervini; and bus driver Timothy Holloway. They accused San Marcos law enforcement in a 2021 lawsuit of ignoring multiple requests for a police escort as they traveled on I-35 from San Antonio to Austin days before the 2020 presidential election. They said they were surrounded by the Trump supporters who allegedly drove dangerously close to the bus while honking and shouting, forcing it to slow to a crawl.

The San Marcos City Council discussed the lawsuit behind closed doors Tuesday. San Marcos Mayor Jane Hughson later publicly stated during a council meeting that council members had “given staff direction,” on the lawsuit, but did not elaborate. City officials did not immediately respond to further questions Wednesday.

The Texas Tribune obtained a copy of the settlement Wednesday that was signed by the staff members named in the lawsuit and City Manager Stephanie Reyes. The officers named remain employed by the city. They are San Marcos police corporal Matthew Daenzer; Chase Stapp, San Marcos’ former director of public safety and current assistant city manager; and Brandon Winkenwerder, a an assistant police chief.

The lawsuit plaintiffs said law enforcement “turned a blind eye to the attack — despite pleas for help — and failed to provide the bus a police escort.” The lawsuit alleged that by refusing to help, law enforcement officers violated the Ku Klux Klan Act of 1871 because they were aware of “acts of violent political intimidation” but did not take appropriate steps to prevent the Trump supporters from intimidating eligible voters.

The Klan Act bars groups from joining together to obstruct free and fair federal elections by intimidating and injuring voters, or denying them the ability to engage in political speech.

“Our clients have achieved an important victory for free and fair elections by holding to account law enforcement who refuse to protect them from harassment,” said lawyer John Paredes, a lawyer for Protect Democracy who represented the plaintiffs, in a statement. “We must be able to rely on law enforcement to protect the fundamental right of every American regardless of political beliefs, to support and advocate for the candidate of their choice and engage in the peaceful process of democracy.”

According to the settlement, the city is also required to issue a public statement within three days.

“While the City of San Marcos continues to deny many of the allegations in the lawsuit, the City of San Marcos Police Department’s response did not reflect the Department’s high standards for conduct and attention to duty,” the statement reads, according to the settlement. “The City regrets that Mr. Cervini, Ms. Davis, Mr. Gins, and Mr. Holloway had this unfortunate experience while traveling through the City of San Marcos. Following this event, the City of San Marcos Police Department has been committed to improving its operations.”

According to the settlement, police training must start by July 20, 2024 and attendance is mandatory. Any police department staff hired within 18 months of the training must also participate.

[…]

The plaintiffs also filed a second lawsuit in 2021 against eight Trump supporters who they accused of participating in a “politically-motivated conspiracy” by closely following, honking at and slowing down the bus. Earlier this year, two of the eight defendants, Hannah Ceh and Kyle Kruger, settled in that case. The terms of that settlement were not made public, but Ceh and Kruger issued public apologies for their involvement in the incident.

The case against the other six remains pending.

See here, here, and here for some background on the lawsuit against the city of San Marcos; the article itself does a good job of recapping it all as well. Protect Democracy’s statement is here, and it includes a copy of the settlement agreement. I’m vindictive enough to have wanted more severe sanctions against everyone involved, but if the plaintiffs are happy with this, then I’ve no grounds to complain.

There is also that other lawsuit against individual plaintiffs, which survived a ruling to dismiss last year. Two of those defendants reached a settlement agreement in April. If the remaining six defendants ultimately get screwed to the wall, that should satiate my blood lust.

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Dispatches from Dallas, October 20 edition

This is a weekly feature produced by my friend Ginger. Let us know what you think.

This week we have a long entry after a respiratory bug bit me last week. (The RAT said it wasn’t COVID and I’m recovering now.) Big news in the Metroplex includes Nazis in Fort Worth and the fallout from it; local news about the special session on vouchers; a shooting at the State Fair here in Dallas; a not-so-new face to take over Dallas County elections; local representatives involved in the House Speaker elections; Sidney Powell flips; and more.

This week’s post has been brought to you by the music of Peter Gabriel, whose show I am going to see tonight if it kills me.

We’ll start with the Nazis in Fort Worth a couple of weeks ago. A bunch of men wearing swastikas had lunch in a Torchy’s Tacos near the Fort Worth medical center where they were recorded in a viral video. The Torchy’s is in walking distance from several hotels; we stay in the area for Fort Worth concerts and museum trips. And we’ve walked down to that Torchy’s for dinner ourselves.

Then it turned out the same characters had also been thrown out of a gun show at the nearby Will Rogers Memorial Center and spread flyers in the nearby Botanic Gardens. Another bunch of haters, possibly the same ones, also showed up to protest at a queer church in Oak Lawn here in Dallas. The Observer has a rundown of their activities along with other recent hate incidents in the Metroplex. (Note: The SPLC says 72 hate and extremist groups call Texas home.)

It turns out that at the same time, hatemonger Nick Fuentes, was in Fort Worth meeting for seven hours with former state Rep. Jonathan Stickland, whose name will be familiar to longtime readers of this blog. These days, Stickland is (or rather was up until this incident) running Pale Horse Strategies and Defend Texas Liberty. The latter group is deeply tied up with the successful effort to keep AG Ken Paxton in office.

When the news broke, some Republicans donated the money Defend Texas Liberty sent them to Jewish causes; others did not, most prominently Lite Guv Dan Patrick, who had received $3 million from Defend Texas Liberty back in June. The scandal even got national attention from Popular Information’s Judd Legum.

The bad publicity was too much for the folks financing Defend Texas Liberty (Tim Dunn and the Wilks brothers, Farris and Dan). Stickland got the sack and was replaced by another GOP operative whose name we’ll come to recognize unless he makes the same mistake.

Two good pieces with the implications for the Legislature come from the Texas Tribune, which focuses on following the money and Texas Monthly, which focuses on the (lack of) morals and GOP infighting. The Tribune piece features a lot of familiar North Texas names in addition to Stickland, like Shelley Luther (the anti-lockdown hairdresser), former Rep. Bryan Slaton (the one who got himself expelled), and Phillip Huffines, whose twin brother Don, the former state rep and later gubernatorial candidate, will be more familiar to readers.

Related to all this is Defend Texas Liberty’s threat to primary anyone who voted to convict Ken Paxton in the Senate or to impeach him in the House. You can pick your sources for the general coverage: the DMN; the Dallas Observer; or the Texas Tribune. Most recently Mitch Little, who was part of Paxton’s senate defense team, filed to run in HD65, where he used to work for Rep. Kronda Thimesch until she voted to impeach. The Texas Tribune has more on this one. We can expect more internecine filing as we get closer to the deadline.

From the Lege wrangling over Nazis, we move to the Lege wrangling over vouchers. (Explainer about special sessions from KERA.) Business Republicans are against Abbott’s voucher plans, per this DMN op-ed “written with” a list of area Chambers of Commerce as long as my arm. D Magazine has a “who benefits” explainer that I like, and they quote my state senator, Nathan Johnson. They also refer you to a number of sources, including this this DMN map of private schools in Texas. To be fair, there are definitely pro-voucher voices in Metroplex media, represented here by this Star-Telegram op-ed and this DMN op-ed. The Star-Telegram also hosted a debate this week between voucher advocates and public school supporters.

I’m not going into how the voucher debate is further tied into the rivalry between Dade Phelan and Dan Patrick, nor how Governor Abbott has used vouchers as a bully club against legislation sponsored by legislators who voted against them. Our host has those angles covered. I will add a few pieces to the larger puzzle, though: A DMN editorial on how school districts should stop fighting the new TEA ratings scheme on the grounds they should have seen it coming and prepared (during COVID, I guess). And one on a favorite beat of mine: DISD has more teachers on H-1B visas than any other district in the country, with 232. HISD is second, with only 60. And last, but not least, here’s an editorial from the Star-Telegram where the board would like the Lege to get its act together and Phelan and Patrick to stop fighting. Good luck with that, y’all.

Meanwhile, here in Dallas, a big ongoing story is the shooting at the State Fair. Here’s an (updated) explainer about what happened. The gist of it is some folks had guns, they had previous beef, and somebody starting shooting. Three people were injured, one of whom was a Fair worker, but nobody died. One shooter was arrested and claimed self-defense; the Fair was evacuated for the evening (Saturday) and started late the next day (Sunday). The big question seems to be “is the Fair safe?” which, given the money that the Fair brings to the city, is important. I know I’ve decided we’re passing on the Fair this year and social media chatter in my circle suggests I’m not alone.

Specific safety questions about the Fair include its contradictory gun policies (which I’ve linked news about before) and its new-this-year metal detectors. D Magazine, the Star-Telegram, and the Observer have more. But the important thing is that we don’t blame the Fair (when the problem is people with guns, not the Fair, thanks DMN). And the the Fair will not change its gun policies. As you may remember, the State Fair doesn’t allow unsupervised teens in the evenings because they make trouble, but the Fair will not ban guns.

And last, but not least, welcome news: Dallas County elections administrator Michael Scarpello announced last week he was quitting at the end of the year, leaving everybody worried about who was going to lead the county’s elections through the 2024 primaries and the presidential election. It turns out Fort Worth’s loss is Dallas’ gain: Heider Garcia is moving across the Metroplex to take the Dallas County job. More coverage here from KERA, the DMN, the Star-Telegram, and the Texas Tribune. I for one welcome my new election overlord and wish him well (and many fewer threats) in his new position.

In other, but no less important, stories:

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Lawsuit filed against San Antonio over “reproductive justice fund”

I’m a little concerned about this.

The city of San Antonio is facing a lawsuit after budgeting $500,000 to support reproductive health services, including, potentially, transportation and lodging for people seeking abortions outside Texas.

A group of anti-abortion organizations filed the lawsuit Tuesday in Bexar County, asking a state district judge to prohibit taxpayer dollars from going to organizations that help Texans travel out of the state for abortion.

Last month, City Council members approved a $3.7 billion budget, San Antonio’s largest, which included half a million dollars to establish a “reproductive justice fund.” The city has not yet said how that money will be spent; during City Council hearings, advocates talked mostly about using it to support health education, access to emergency contraception and testing for sexually transmitted diseases.

But some City Council members said they would like to see the money used to support nonprofit groups that help Texans travel to other states to get abortions.

“We need to discuss the opportunities we have to make an impact legally,” council member Jalen McKee-Rodriguez told television station KSAT in September. “As far as we can go, I want to go there, of course, within the confines of state law.”

The lawsuit claims that providing taxpayer dollars to these organizations violates the law, even if the funds aren’t used to directly pay for out-of-state abortions.

“Any such grant aids and abets their criminal activities by freeing up money and resources for their ‘procurement’ of drug-induced abortions,” the lawsuit said.

City Attorney Andy Segovia rejected the premise of the lawsuit, saying it was “based on misinformation and false allegations.”

“A decision has not been made on how that money will be used,” Segovia said in a statement. “The City Council will have an open work session to discuss the use of the funds that will be managed by the City’s Metro Health Department. The funds will be distributed in accordance with state and federal laws.”

I did not write about this when it happened, but you can read this San Antonio Report story for more details about that budget item. Let me start by saying fuck those forced-birth fascists and everything they stand for. It probably is the case that there’s no cause for action until the city determines how that money is to be spent – I believe the legal term is that the issue is not “ripe” yet. My concern is that once this gets into the system, who knows how it could end up. The state courts for the most part aren’t as crazy as the federal courts, so if somehow this makes it to SCOTx I don’t think we’re going to get some bonkers result, but that doesn’t mean they couldn’t find some more subtle way to make things worse. I would just prefer to have less legal uncertainty in my life right now, is what I guess I’m saying. I’m not going to get that, of course. The San Antonio Report and the Current have more.

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