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Carol Alvarado

Impeachment in the Senate

Long Trib story about what to expect when the Senate finally takes up the impeachment trial of Ken Paxton.

A crook any way you look

The Senate plans to consider impeachment rules on June 20 and to start the trial by Aug. 28.

Yet there are a lot of unknowns, and the Senate is keeping quiet. The GOP presiding officer, Lt. Gov. Dan Patrick, promised Tuesday that Paxton will get a fair trial but otherwise declined to give an opinion on the matter.

“Don’t ask me any more questions because I can’t answer them,” Patrick said during an event with the Texas Public Policy Foundation. “Look at me like a judge before a case and look at our senators like that. Be respectful of their space and time. This is very serious. There are very serious people, and the Senate is going to do our job in a professional way.”

[…]

Paxton’s office seems to have already irked the prosecution by reportedly delivering a packet to senators’ office outlining his defense. Rep. Ann Johnson, the Houston Democrat and vice chair of the board of managers, said Tuesday she expects Paxton to “realize that dropping a binder on your potential jurors could be considered tampering or attempting to interfere with a lawful process.”

After Saturday’s House voted to impeach Paxton, several Republican senators issued nearly identical statements saying they were taking a vow of silence on the trial. They said they “welcome and encourage” feedback from constituents but added that they cannot “communicate directly” about the case.

Senate Democrats are also staying tight-lipped. The head of the Democratic caucus, Sen. Carol Alvarado of Houston, declined to comment Wednesday. Another Democratic senator, Austin’s Sarah Eckhardt, noted in a statement Wednesday that during the last impeachment trial, the rules banned senators from discussing the matter with anyone beyond themselves and the Senate’s presiding.

“Please be assured that I am committed to fulfilling my constitutional duty, including my duty to act as an impartial juror in weighing the facts and merits of the case,” Eckhardt said.

[…]

Before the Senate can conduct the trial, it has to set rules for the trial — and the Texas Constitution gives the chamber wide latitude to do so.

“The [Paxton] impeachment trial rules could be key,” Ross Garber, a nationally known impeachment lawyer, tweeted Thursday. “Watch, for example, to see whether they allow for discovery/depositions by Paxton or require disclosure of investigative info by the House.”

On Monday, the Senate unanimously passed a resolution allowing Patrick to name a seven-member committee to devise trial rules. They will present proposed rules to the full Senate on June 20, according to the resolution. It is unclear if they will vote on approving them the same day.

The committee that Patrick named is majority Republican — there are only two Democrats — and its chair, Sen. Brian Birdwell of Granbury, is an ally of the lieutenant governor. He currently leads two other Senate committees, including one on border security.

The team that will present the case against Paxton appears aware how important the Senate rules could be.

“I hope that as they develop [the rules] and as we go forward, we are going to have a full, public hearing that allows both sides to present the evidence that allows the public and the world to know just what happened here,” Hardin said Thursday.

Depending on the rules, a big question for Paxton is who should testify, including the attorney general himself. Rep. Carl Tepper, a Lubbock Republican who voted to impeach, said Thursday that trial testimony would be fraught with legal risk for Paxton.

“He needs to have a fair trial in the Senate but realize that in this fair trial, he gets to testify or his people get to testify on his behalf, and that is all admissible in criminal and civil cases,” Tepper told Lubbock radio host Chad Hasty. “He’s in a lot of trouble, he’s in a big mess, because I think there’s a lot there.”

Yes, I think who testifies and about what has the potential to be a very big deal. As Rep. Tepper notes, people could put themselves at risk in a number of ways. Attorney Garber adds an interesting bit of speculation as well.

Hey, Rusty Hardin promised me that what we don’t yet know is a lot worse than what we do currently know. And as the comments to my post from yesterday about Paxton’s defense team point out, they will be in violation of State Bar rules if they have reason to believe they could be called as witnesses. I’ll bet there’s a lot of material in the AG’s files. And I can’t wait to find out.

I don’t have anything to add other than go read the rest. And when you’re done, since we’ve met Paxton’s defense team and we know who the lead prosecutors are, go read about the House impeachment managers who will be working with those prosecutors. This summer is going to be amazing. And on that note, and in tune with my hope for maxiumum Republican discord, please enjoy the following tweets.

Keep up the good work, y’all.

Some dough for downtown

It would be nice.

Sen. John Whitmire

With just days left in this year’s regular session of the Texas Legislature, Houston-area lawmakers are fighting for a measure that would likely provide several billion dollars to expand the George R. Brown Convention Center and for other downtown projects.

“This means everything to Houston,” said state Sen. John Whitmire, a Democrat from Harris County and author of the legislation. “It’s just a real infusion of economic development downtown, where we we really need to focus.”

The measure, Senate Bill 1057, would essentially cut Houston in on a deal Dallas and Fort Worth have enjoyed since similar legislation was passed in 2013. It would allow the city and Houston First, the government corporation that operates Houston’s convention venues, to receive certain downtown hotel taxes in excess of the amount collected this year for up to 30 years.

The additional revenue would be modest, perhaps $2.3 million dollars in the city’s next fiscal year beginning July 1, according to analysis from the state Legislative Budget Board. But that amount could grow each year as the revenue swells past the 2023 baseline.

A spokesperson for the state comptroller’s office says that while the agency doesn’t do economic impact projections, it expects the city could reap more than $1.8 billion over 30 years.

State Sen. Carol Alvarado, a Democrat who represents parts of north and east Harris County, co-authored the legislation in the Senate, and state Rep. Sam Harless, a Republican of Spring, is sponsoring the measure in the House.

The money could be used to expand and modernize the George R. Brown Convention Center as well as for projects in the downtown area, says Michael Heckman, president and CEO of Houston First.

“Houston has an outstanding convention campus, but we can always do better,” Heckman said Tuesday. “This funding, if approved, would allow us to remain a tier-one city for years to come.”

[…]

Whitmire, who is a candidate in this year’s mayoral election as well as the longest-serving member of the Texas Senate, said the additional revenue could be used on projects other than those specifically tied to the physical convention center. Related projects within a 3-mile radius of city hall would be eligible, including potential new parks and green spaces that would better connect downtown with the EaDo neighborhood.

One project backers believe could benefit would be a proposed park over the sunken freeway that is part of the planned $9.7 billion, 20-year reconstruction and relocation of I-45.

“That’s just opening up downtown to the east side,” Whitmire said.

Overall this would have a fairly modest effect on Houston’s finances, but anything that brings more revenue to the city is worth pursuing. The bill is on the House general calendar so it should have a decent shot at passing. Here’s hoping.

Bills filed to stop the TEA takeover of HISD

Feels too late to me, but it can’t hurt to try.

State senators have filed the first bill to soften the law that triggers school district takeovers.

State Sens. Carol Alvarado, Borris Miles and John Whitmire filed Senate Bill 1662 in response to the threat of a possible takeover of Houston Independent School District by the Texas Education Agency. State Rep/ Alma Allen has filed companion legislation in the Texas House.

The bill modifies the current state law to provide TEA additional tools to address low performance ratings such as hearings before the commissioner, academic achievement plans, appointing agency to monitor, but not replace trustees, among other items. Under SB 1662, the TEA commissioner will have broader discretion to choose an alternative that does not require a school closure or the appointment of a board of managers.

Given Phyllis Wheatley High School improvement to a C and the district’s overall B rating, the TEA’s reason for initiating a takeover bid in 2019 is no longer valid, Alvarado said.

“It is unjust and unwarranted for TEA to move forward with a takeover,” Alvarado said in a statement. “S.B. 1662 offers the agency options to work collaboratively with HISD to address any current deficiencies instead of subjecting nearly 200,000 students and 27,000 teachers and employees to a takeover.”

Other leaders also made promises to get answers. NAACP president Bishop James Dixon said he plans to call a meeting with TEA commissioner Mike Morath. U.S. Rep. Sheila Jackson Lee said she intends to bring the issue to the Biden administration and the U.S. Department of Education.

HISD Trustee Patricia Allen said the trustees, administrators and other HISD representatives will let their grievances be known when they go to the legislator March 20.

“We have been in this fight before we even came in office,” Trustee Patricia Allen said at a community meeting at North Main Church of God in Christ in the Heights. “The board has been working since we were elected. We have a lone star governors coach, a TEA program — we have tried our best, hired the best superintendent.”

See here for the previous update, and here for my discussion of things that could be done to stave this off. As I said then, even if these bills have the support to pass and are allowed to come to the floor, it would be at least weeks and more likely months before they would take effect. Thus, unless Mike Morath is agreeable to wait it out, the legislative process is just too damn slow. I appreciate the effort, but let’s not put our hope in something that can’t work unless Morath and the TEA are willing to let it work.

Now having said that, it’s Tuesday afternoon and the TEA hasn’t taken over HISD yet, so maybe Morath is waiting until something happens to take him off the hook. Stranger things and all that. I would encourage Trustee Allen and Bishop Dixon and whoever else can get a meeting with Morath to ask him nicely if he’d at least talk to these legislators before he does anything. As with the bills themselves, it can’t hurt. Getting the feds involved has a chance of achieving something, and it could be done quickly, but it would also be super antagonistic, so let’s try the “ask very nicely for a delay” option first, since it surely won’t work if we do it the other way around. Throw everything at the wall, but do so in the proper order.

Oh, and why wasn’t a bill like this filed in the last Lege? Well, maybe there was one – I’d have to look, I don’t know offhand. That would have solved the timing issue, but only if it was allowed to pass, as with this one, and we didn’t know we’d need it because of the then-ongoing litigation. I think it’s at best a tossup whether these bills get even a committee hearing now, and I’d say that was never in the cards in 2021. That’s easy to say, and if we give credit for trying now we do have to ask what we tried then. We’re in this situation now regardless, so let’s not waste too much energy on what could have been. What it is now is what matters.

Two out of three state leaders open to expanded gambling

As we know, two out of three ain’t bad, but it also ain’t enough.

Photo by Joel Kramer via Flickr creative commons

House Speaker Dade Phelan on Thursday left the door open to legalizing sports betting and casino gambling in Texas, the latest sign that opposition may be softening among state Republican lawmakers, though the proposal still faces major hurdles in the Senate.

Phelan, the Beaumont Republican who leads the Texas House, told reporters in a roundtable interview he believes voters would approve a referendum on expanded gaming options. With limited exceptions, most forms of gambling are prohibited by the Texas Constitution, which can only be amended if two-thirds of lawmakers in both chambers agree to put the matter to a statewide vote.

Echoing Gov. Greg Abbott, who voiced support last fall for expanding gambling options, Phelan said he doesn’t want to “walk into every convenience store and see … slot machines.”

“I want to see destination-style casinos that are high-quality and that create jobs, and that improve the lifestyles of those communities,” Phelan said.

[…]

This session, the gambling industry has hired an army of lobbyists to push for casino and sports betting legalization. Last month, however, Lt. Gov. Dan Patrick said he isn’t expecting the issues to go anywhere.

“I don’t see any movement on that right now,” Patrick said in an interview with KXAN-TV in Austin.

Patrick, a Houston Republican who has overseen the Texas Senate since 2015, said that doesn’t mean things can’t change during the 140-day legislative session, which kicked off Tuesday.

He said there is “a lot of talk out there” about gambling, but he hasn’t seen any Senate Republicans file a bill on the issue yet. State Sen. Carol Alvarado, a Houston Democrat, has filed legislation to open the state to casinos and sports betting, however.

See here for some background. I’m not saying Dan Patrick can’t change his mind on this. I have no idea what Dan Patrick will do. I’m just saying that until he says he’s changed his mind, nothing has changed. That’s really all there is to it. Reform Austin has more.

The Lege does its housekeeping

In the Senate, they drew their lots to see who would have to run again in 2024.

Sen. John Whitmire

It was the luck of the draw for Texas senators on Wednesday as they drew lots to decide which half of them would get two-year terms and which would get four-year terms.

The practice is outlined in Article 3, Section 3, of the Texas Constitution, which calls for “Senators elected after each apportionment [redistricting]” to be divided into two classes: one that will serve a four-year term and the other to serve a two-year term. That keeps Senate district elections staggered every two years. After that, senators serve four-year terms for the rest of the decade.

On Wednesday, each of the chamber’s 31 lawmakers walked to the front of the chamber and drew lots by picking an envelope that held a pill-shaped capsule. Inside the capsules were numbers: Even numbers meant two-year terms, and odd were for four-year terms.

“I’m sure each and every one of you are happy with what you drew, right?” Lt. Gov. Dan Patrick joked.

Sixteen senators had Lady Fortune on their side and drew four-year terms, and fifteen unlucky souls will have to run for reelection in two years.

[…]

All eyes were on Sen. John Whitmire, a longtime Democrat who has announced plans to leave the chamber to run for Houston mayor after the session, and Judith Zaffirini, a Laredo Democrat who is second in seniority to Whitmire.

Whitmire drew a two-year term, and Zaffirni drew a four-year term.

Three freshmen senators drew two-year terms, including Democrat Morgan LaMantia of South Padre Island, who was in the tightest race in the Senate last year. The two other freshmen, Republicans Kevin Sparks of Midland and Mayes Middleton of Galveston, both drew four-year terms.

After the 2012 election, the main question was whether then-Sen. Wendy Davis, who won a tough race in a district carried by Mitt Romney, would have to run again in 2014. She drew a short straw, and I think that contributed to her decision to run for Governor. Of course, we were in a time and of a political makeup in which Dems were getting creamed in non-Presidential years. That changed quite dramatically in 2018, when Dems won back Davis’ old seat and picked up another Senate seat as well. Sen. LaMantia had a tough race in 2022, and at this time I have no idea if it’s better for her to run in 2024 or not. We’ll just have to see.

As for Whitmire, what this means is that if he’s elected Mayor this year, things will be messy in SD15 the next year. There would be both a primary and a special election to replace and succeed him, much as there was in HD147 this past year. You could have the primary winner, who would get to serve a four-year term after winning in November of 2024, and the special election winner, who would serve out the remainder of 2024, be two different people. One person could face five elections total in 2024, if the primary and the special both go to runoffs; this would happen for someone who wins the primary in a runoff and makes it to the runoff (win or lose) in the special. Did I mention that the primary runoff and the special election would take both place in May, but on different dates, again as it was in HD147? Speaking as a resident of SD15, I’m already exhausted by this possibility, which may not even happen. May God have mercy on our souls.

Anyway. The Houston-area Senators who will be on the ballot in 2024 are Carol Alvarado (SD06), Paul Bettencourt (SD07), John Whitmire (SD15), and Joan Huffman (SD17). The ones who get to wait until 2026 are Brandon Creighton (SD04), Mayes Middleton (SD11), Borris Miles (SD13), and Lois Kolkhorst (SD18).

Meanwhile, over in the House

Texas House leadership on Wednesday shut down a long-building push to ban Democratic committee chairs, deploying procedural legislative maneuvers to defeat multiple proposals on the issue.

The chamber also approved new punishments for members who break quorum, like most House Democrats did two years ago in protest of GOP-backed voting restrictions. Those members left for Washington, D.C., for weeks to stop the House from being able to do business in an effort to prevent passage of the bill. Under the new rules, quorum-breakers can now be subject to daily fines and even expulsion from the chamber.

The chamber passed the overall rules package by a vote of 123-19, with Democrats making up most of the opposition.

Going into the rules debate, most attention was on the subject of committee chairs, who have the power to advance legislation or block it from being taken up by the full House. For months, a small but vocal minority of House Republicans have been calling for the end of the chamber’s longtime tradition of having committee chairs from both parties. But Speaker Dade Phelan, R-Beaumont, and his allies moved successfully Wednesday to prevent the matter from even getting to a vote on the floor.

They did it by passing a “housekeeping resolution” earlier in the day that included a new section codifying a constitutional ban on using House resources for political purposes. That resolution passed overwhelmingly with little debate or fanfare. Rep. Charlie Geren, R-Fort Worth, then cited the new provision to call points of order — procedural challenges — on two amendments proposed by Rep. Bryan Slaton, R-Royse City, to restrict Democratic committee chairs. Phelan ruled in favor of Geren both times.

“The amendment would require the speaker to use public resources, including staff time and government facilities, on behalf of one political instrumentality,” Phelan said the first time. “This obviously would require the speaker to violate the Housekeeping Resolution.”

It was a relatively anticlimactic end to the fight over Democratic committee chairs, which were a major issue in House primaries earlier this year, a rallying cry for conservative activists and a recurring theme in speeches as the legislative session kicked off Tuesday. After the House reelected Phelan by a nearly unanimous vote, he cautioned freshmen to “please do not confuse this body with the one in Washington, D.C.”

“After watching Congress attempt to function last week, I cannot imagine why some want Texas to be like D.C,” Phelan said.

Committee appointments are expected to be made in the next couple of weeks. Phelan has said he will appoint roughly the same proportion of Democratic chairs as last session, but it remains to be seen whether they’ll be appointed to lead any powerful or coveted committees.

The amendment about sanctions for quorum-busting drew more No votes, almost entirely from Dems. Honestly, I have no problem with what was passed. It’s perfectly appropriate for the chamber to have sanctions for that kind of action, and it’s not that different, at least to my mind, than what was passed after the 2003 walkout. New rules get adopted each session, this can always be revisited in the future. TPR has more.

The only pre-session gambling expansion story you need

Just re-run a version of this for the foreseeable future.

Photo by Joel Kramer via Flickr creative commons

Although casino giants and sports betting groups are making a big push in Texas, the head of the state Senate said he isn’t seeing much progress on the issue going into 2023.

“I don’t see any movement on that right now,” Lt. Gov. Dan Patrick said in an interview with KXAN-TV in Austin.

Patrick, a Houston Republican who has overseen the Texas Senate since 2015, said that doesn’t mean things can’t change during the legislative session that begins Jan. 10.

He said there is “a lot of talk out there” about gambling but that he hasn’t seen any Republican in the Senate file a bill on the issue yet. Republicans hold a strong majority and control the Senate’s agenda.

[…]

State Sen. Carol Alvarado, D-Houston, has filed legislation to open the state to casinos and sports betting. Under her proposed Senate Joint Resolution No. 17, up to four “destination resorts” in metro areas with at least 2 million people would be allowed, in addition to limited casinos at horse and dog tracks, plus authorization for Native American tribes to operate casino games and slot machines.

In 2021, Patrick similarly doused expectations for expanded gambling in Texas, but even more forcefully.

“It’s not even an issue that’s going to see the light of day this session,” Patrick told Lubbock-based talk radio host Chad Hasty about sports betting legislation in 2021.

Every session, we get a breathless story about how much the gambling lobby will be spending on their hundreds of lobbyists to persuade the Lege to pass a joint resolution for a constitutional amendment to allow some form of expanded gambling. And then we get the same basic story the next session, because the one constant has been Dan Patrick, and even before him the general – and sufficient – Republican opposition to this idea. Never mind that Patrick wasn’t forceful about it this session – nothing has changed from his perspective since the last time, and none of those Republican Senators are going to file anything because they’re all Patrick’s puppets. Never mind that Greg Abbott has, in his typically mealy-mouthed fashion, expressed “openness” to the “idea” of some form of expanded gambling. Abbott’s a wuss who isn’t going to get into a fight with Patrick over this. All he’s saying here is that if Dan Patrick changes his mind and decides to allow something to come to a vote, he won’t oppose it. Nothing has changed, nothing to see here. File this story away for 2025, because it will be as relevant then as it is now.

Eventually, one of two things will change. Either Dan Patrick will decide that he’s okay with some more gambling, or someone else will become Lite Guv, and then we can find out what that person thinks. Until then, try to remain calm. And see if you can get one of those gambling lobbyist gigs. They have to be a great job, as there’s no expectation of success and they’ll be hiring again next time around.

Time once again for the biennial paean to the gambling lobby

Such a weird tradition we observe.

Photo by Joel Kramer via Flickr creative commons

Even before Gov. Greg Abbott declared in October that he’s willing to consider expanded gaming options in Texas, that industry was trying to improve its odds in the state by doling out massive campaign donations and building an army of lobbyists in preparation for the legislative session that begins in January.

More than 300 lobbyists are now registered in Texas to work on gambling issues, according to state records, led by Las Vegas Sands, which added another just last week and now has 72 — the most lobbyists in Texas for any single group or business.

They are hardly alone. A newly created Sports Betting Alliance, BetMGM, Caesar’s, Boyd Gaming and Landry’s Entertainment, along with sports gaming companies like FanDuel and DraftKings, have all loaded up in what many in the gaming industry see as their best chance in decades to do business in Texas.

One reason for that is Abbott’s newfound willingness to listen to gambling options in Texas. In October, he told Hearst Newspapers through a spokeswoman that he’s prepared to listen to proposals.

“We don’t want slot machines at every corner store, we don’t want Texans to be losing money that they need for everyday expenses, and we don’t want any type of crime that could be associated with gaming,” said Renae Eze, Abbott’s press secretary. “But, if there is a way to create a very professional entertainment option for Texans, Gov. Abbott would take a look at it.”

While far from an all-out green light, it’s a world away from where Abbott has been in the past. In 2015, Abbott said he “wholeheartedly” supported the state’s strict laws against expanding gaming, essentially icing any attempts to pursue casinos or online sports betting options that have proliferated in other states over the past four years.

[…]

But Abbott hasn’t been the only stumbling block in Texas. Lt. Gov. Dan Patrick, a Houston-area Republican who oversees the state Senate, made clear in 2021 that expanded gaming was not going to see “the light of day.” He said then it just didn’t have the votes in a body dominated by Republicans.

As the leader of the Senate, Patrick has wide power to stop legislation from getting to the floor of the chamber to be debated or voted on.

But the industry continues to direct campaign donations to Patrick and others in Texas to improve their chances when the Legislature meets.

I’ve done many of these before, as you can infer from the title, so I don’t care to belabor this. The smart bet continues to be for nothing of substance to happen. This is partly because of Dan Patrick, and partly because I don’t think there’s enough Republican support to get the two-thirds majority in each chamber that a Constitutional amendment requires. As you know, I’m generally ambivalent about all this – I have no problem with allowing adults who want to gamble the legal opportunity to do so, but I also have no love for the Big Gambling business and lobby – but the news that Patrick’s campaign keeps getting fat with gambling money despite his rigid opposition to them – I guess they think they can eventually soften him up – inclines me to root for another expensive and humiliating defeat for them. At least then I’d get to write the same blog post in two years’ time, and what could be more important than my need for content?

Alvarado’s filibuster ends

It was a strong effort, and she deserves credit for it.

Sen. Carol Alvarado

After 15 hours of speaking nearly nonstop against the GOP’s priority elections bill, State Sen. Carol Alvarado, a Houston Democrat, concluded her filibuster on Thursday morning.

“Voter suppression anywhere is a threat to democracy everywhere,” Alvarado said in her closing remarks, as fellow Democrats surrounded her to show their support.

Yet, as expected, after Alvarado got some hugs and took a seat to rest her feet, the Senate voted 18-11 along party lines to advance the bill and send it to the House, where it will be stalled by a Democratic walkout that has lasted a month.

While Alvarado’s filibuster could not — and did not — kill the bill, it exemplifies the at-all-costs attitude the Democrats are bringing to their opposition to it. Alvarado acknowledged that the tactic was a temporary measure in an interview with the Texas Tribune.

“I’m using what I have at my disposal in the Senate,” Alvarado told the outlet. “The filibuster isn’t going to stop it, but a filibuster is also used to put the brakes on an issue — to call attention to what is at stake — and that is what I am doing.”

See here for the background. The point here isn’t about winning – Dems know they’re outnumbered and cannot hold off any of these bills if they come to the floor. The point is about fighting, and showing your voters that you’re fighting. Midterms are about turnout, and you can’t win if your voters aren’t engaged. It’s the same principle as with the quorum-busting, though that also had other purposes, such as directly lobbying Congress and focusing national attention on the issue. You do what you can so that in the end you can say you did all you could. Sen. Alvarado did all she could.

As for the quorum-busters, they’re back on the lam.

The Texas Supreme Court on Thursday overruled a Houston judge who had provided Texas House Democrats with the legal shelter they requested to avoid civil arrest for absconding from the state Capitol.

After Houston Rep. Gene Wu successfully challenged his warrant in Harris County state district court on Wednesday, 44 additional Democrats had followed in his footsteps, hoping for the same outcome.

The stay from the state’s highest civil court came swiftly, potentially scrambling the plans of those Democrats and others who’d made plans to return home.

A dwindling number of House members remain in Washington, D.C., where they have spent a month rallying for federal voting rights legislation that would supersede existing Texas elections laws as well as bills that Republicans are pushing in Austin. The Democrats have until Monday to respond in court.

“Despite the high court’s ruling, Texas House Democrats remain committed to fighting back with everything we have to protect Texans from Republicans’ repeated attacks on our freedom to vote,” Wu said in a statement on behalf of the caucus. “Instead of trying to calm the situation and find ways to peacefully resolve the situation, Texas Republicans continue to add more fuel to this fire. We will not be deterred. If anything, this action continues to solidify our resolve to stand up for Texans.”

In his motion to the high court, the state’s Solicitor General Judd E. Stone had warned that Wu’s court order could have a domino effect.

“Without this court’s intervention, every truant member of the House will follow the lead of Representative Wu, file habeas petitions in trial courts throughout the state, disrupt the ability of the Legislature to obtain a quorum, and undercut this court’s ability to achieve an orderly and efficient resolution of identical issues presented,” Stone wrote.

[…]

Several Houston-area representatives, including Reps. Senfronia Thompson and Hubert Vo, were pre-emptively released from potential custody on Thursday as a result of the newest writs, attorney Romy Kaplan said.

Three hearings tomorrow concern non-Houston-area representatives, who will be appearing via Zoom to put themselves in Harris County’s jurisdiction, Kaplan said.

A hearing is also scheduled for next Thursday in district Judge Chris Morton’s court. He said his approval of Wu’s writ on Wednesday was conditional, and he will further explore his jurisdiction over the case and over the House of Representatives’ sergeant-at-arms in Austin.

See the same link for the background; I’m trying to conserve resources by combining some of these stories into single posts. The Trib adds some details.

Texas law enforcement was deputized Thursday to track down Texas House Democrats still missing from the chamber and bring them to the state Capitol in Austin, a process that Speaker Dade Phelan’s office said “will begin in earnest immediately.”

The news came as the Texas Supreme Court cleared the way for their civil arrests after it temporarily blocked Harris County judges’ orders protecting 45 Democrats from such a move.

Law enforcement was tapped “to assist in the House’s efforts to compel a quorum,” Phelan spokesperson Enrique Marquez said in an emailed statement. Earlier this week, Phelan, a Beaumont Republican, signed warrants for those missing lawmakers, many of whom have refused to return to the chamber for weeks to block a GOP elections bill. Their absence has prevented the chamber from having a quorum, the number of present lawmakers needed to move legislation.

If lawmakers are arrested, they will not face criminal charges or fines and could only be brought to the House chamber.

[…]

After Wu was granted his request for temporary protection Wednesday, Texas Attorney General Ken Paxton made clear he would fight that order in a similar manner to how the state fought a previous temporary restraining order by a state district judge in Travis County that also sought to block the arrest of the quorum-breaking Democrats.

In that case, the Supreme Court voided the order temporarily on Tuesday, though Democrats have said they plan to push forward in their request for a temporary injunction on Aug. 20. If granted, that injunction could again grant them protection from arrest.

I mean, the real question at this point is what exactly happens when a law enforcement officer finds a wayward lawmaker? Are they going to slap cuffs on them, throw them in a car and drive them to Austin? Call Speaker Phelan and tell him to, I don’t know, send an Uber? This may wind up being a lot of commotion over nothing, because I just can’t quite see how any of this brings a currently absent member to the House floor. Maybe we’ll find out – I hope we don’t, but we are in completely uncharted waters. I just have no idea what to expect.

In the meantime, as the Senate passed SB1, the House prepped HB3 to bring to the floor, with no public hearings because why would they want to do that. We know what will happen if there is a quorum again. Until then, I have no freaking idea.

The Alvarado filibuster

Wear comfortable shoes, Senator.

Sen. Carol Alvarado

The GOP voting restrictions push that left the Texas House scrambling to round up absent Democrats also shut down work in the Texas Senate on Wednesday evening as state Sen. Carol Alvarado launched into a filibuster against the GOP’s priority voting bill.

“I rise today to speak against Senate Bill 1,” Alvarado said, beginning her filibuster just before 5:50 p.m. as the chamber approached a final vote on the target of the Houston Democrat’s efforts.

Though Democrats are outnumbered in the chamber, they are occasionally able to foil legislation by speaking on it indefinitely — usually ahead of a key deadline or the end of the legislative session. Alvarado’s filibuster, however, likely will end up being more of a symbolic gesture than a credible attempt to block passage of the bill. The Legislature is on just the fifth day of a 30-day special session, called as Democrats have left the House without enough members present for the Republican majority in that chamber to pass legislation.

“Senate Bill 1 slowly but surely chips away at our democracy. It adds rather than removes barriers for Texas seniors, persons with disabilities, African Americans, Asian and Latino voters from the political process,” Alvarado said at the start of her filibuster. “[President Lyndon B. Johnson] said the Voting Rights Act struck away the last major shackle of the fierce and ancient bond of slavery. Senate Bill 1 is a regressive step back in the direction of that dark and painful history.”

Ahead of her filibuster, Alvarado told The Texas Tribune she would be using a “tool in our box that is a Senate tradition” just as House Democrats were using their quorum break to block the bill and vowed to keep going “as long as I have the energy.”

“I’m using what I have at my disposal in the Senate,” Alvarado said, acknowledging the bill would eventually pass in the Senate. “The filibuster isn’t going to stop it, but a filibuster is also used to put the brakes on an issue — to call attention to what is at stake — and that is what I am doing.”

To sustain the filibuster, Alvarado must stand on the Senate floor, without leaning on her desk or chair, and speak continuously. If she strays off topic, her effort can be shut down after a series of points of order.

I trust we all remember that from the Wendy Davis filibuster of 2013. As the Chron story reminds us, Davis talked for 11 hours, which wound up being just enough. Of course, the omnibus anti-abortion bill she stalled out wound up passing in a subsequent special session, so “victory” in these matters is somewhat ephemeral. The longest filibuster, according to that same story, was 43 hours. Maybe we could get a few more Senators to follow her in doing this? I don’t know what the rules allow. In any event, I wish Sen. Alvarado all the best with this, I appreciate what she is doing, and I hope her fellow Democrats are there to support her.

Meanwhile, over in the House:

State Rep. Gene Wu is expected to temporarily avoid arrest after he legally challenged a warrant for his apprehension, also issued to 51 other House Democrats absent from the special session in protest of voting restrictions legislation.

The rare action over a civil warrant led to some head-scratching Wednesday in the 230th Criminal District Court, including from presiding Judge Chris Morton. After a brief recess, he determined that he did have jurisdiction to grant a “writ of habeas corpus” in the case, essentially trumping the state’s civil warrant for Wu and releasing him from potential custody until the court determines the legality of the warrant.

Wu’s attorneys added that they are part of a group of lawyers across the state who came together to fight for the right to vote. Harris County District Attorney Kim Ogg surmised that she also expects to see more cases like Wu’s appear in local courts.

“This is a reminder to Gov. Abbott that we still live in a democracy,” Wu said after his court appearance. “We will do everything we can to make sure the right to vote is protected for all Texans.”

When asked whether he has any plans to return to Austin, Wu responded, “Hell no.”

[…]

Morton on Wednesday acknowleged the unusuality of the case before him. He questioned whether he has jurisdiction in a criminal court, and whether his court had jurisdiction over the sergeant-at-arms who distributed the arrest warrants to the 52 Democrats’ offices Wednesday at the Capitol.

He also told Wu’s attorneys that they should have contacted the Texas Attorney General’s Office, and his decision could change depending on their response.

“This is a novel issue to say the least,” Morton said.

Ogg on Wednesday represented her office at the hearing, where she said she didn’t oppose any sort of bond or continuance in the case. But, she made clear that she doesn’t believe this is a criminal issue.

“We don’t believe that the courts, the criminal courts, should be a place where political differences are litigated,” she said.

She added later that she personally supports what the Democrats have done related to the voting legislation.

Attorneys Stan Schneider, Romy Kaplan and Brent Mayr additionally asked for a personal bond to be issued for Wu in the event he was arrested. Morton did not grant a personal bond because he said Wu hasn’t been charged with a crime.

The trio hoped that eventually Morton would take up the issue of the warrant’s constitutionality. The Republicans’ actions on Tuesday were illegal, they said, because they did not have a quorum.

“We have an oppressive order from a tyrannical king,” Mayr said to the judge. “And we are asking you to say no.”

Schneider added Wednesday that Wu’s case should be in criminal court because “an arrest is an arrest,” even if it’s labeled as a civil one.

I don’t know what to make of all this, but unprecedented situations can and do lead to weird questions arising. Also, Rep. Wu was an assistant DA before he was elected to the Lege, so he has some insight into this, and I’m sure filed this writ with some strategy in mind. But we’ll see what comes of it.

Why the push for casinos failed

Here’s a long story with a detailed answer to what is honestly a straightforward and easy to understand question.

Photo by Joel Kramer via Flickr creative commons

In its effort to bring casinos to Texas, Las Vegas Sands — the gaming empire started by the late Republican megadonor Sheldon Adelson — hired an army of lobbyists and spent millions more on TV ads, all after an election season in which Adelson’s largesse was key in helping the state’s Republicans remain in power.

But the gargantuan undertaking ultimately did not make it far at the Capitol, with Sands’ legislation failing to make it to the floor of either chamber and not even receiving a committee hearing in the Senate.

The legislation — which required voter approval — would have brought a monumental expansion of gambling to Texas, which has some of the most restrictive gaming laws in the country. The centerpiece of the Las Vegas Sands proposal was to build “destination resorts” with casino gambling in the state’s four biggest metropolitan areas.

The company had insisted it was committed to Texas for the long term. But people involved in the effort point to at least a few factors that stood in the way of more progress in their debut session.

There was the difficulty breaking through in a session dominated by the coronavirus pandemic, the winter weather crisis and Republican leaders’ contentious priorities, which are now leading to at least one special session. There was Lt. Gov. Dan Patrick’s perceived opposition to expanding gambling that made Senate progress a tall order. And there was the relatively late filing of the Sands-supported legislation, giving lawmakers less time than usual to digest what would be a hugely consequential change to the Texas economy.

While Sands took pains to clarify that casinos would not be a fiscal cure-all for Texas, some supporters of the proposal said they were nonetheless hampered when the state’s budget projections turned out better than expected, decreasing curiosity in new revenue streams.

“Something this big and complex takes time, and we’re only up here five months of every two years,” said Rep. John Kuempel, R-Seguin, who carried the Sands-backed bill in the House. “These things take time.”

Las Vegas Sands ended up spending as much as $6.3 million on lobbying at the Capitol, according to state records, plus what the company pegged as at least $2 million on a statewide ad campaign. It is likely that the company’s total spending topped $10 million, given the number of weeks that the company stayed on the air in the state’s most expensive media markets.

It was easily the biggest campaign to expand gambling in Texas that the state has seen in a long time.

As session wound down and it became clear that Sands’ House bill would not advance, Sands issued a statement in which it claimed it made “great strides” this session and promised to “continue to build community support across the state to ultimately turn this vision into a reality.” Sure enough, the company continued airing TV ads promoting its plan in the weeks after the proposal’s fate had crystallized.

One Republican lawmaker who sits on the House committee where the bill died had a less optimistic outlook.

“It fell really flat,” Rep. Matt Shaheen of Plano said of Sands’ overall push this past session. “It just didn’t go anywhere. It was a bad investment on Sands’ behalf, and I think any future investments will continue to be a bad investment.”

Emphasis mine. All of the reasons cited here are valid, and we knew about them in January when this effort began in earnest, but the one I’ve highlighted is the real reason. As long as Dan Patrick rules the Senate, nothing will happen that he personally does not approve of. As with marijuana reform and all of the long analyses of its continued failure, I don’t quite get the reluctance to be clear about that.

To be sure, efforts to expand gambling have been pursued, and have abjectly failed, for a long time now, well before Dan Patrick was on the scene. Earlier efforts had their own reasons for failure, and it should be noted – it should always be noted – that the goal has always been a constitutional amendment, which would require the approval of voters to go into effect. It also requires a two-thirds majority in each chamber, which is a big lift and which suffers from the problem that religious conservatives, mostly Baptist groups, strongly oppose expanded gambling in Texas. That much has not changed, and it too is an obstacle that will endure. All of Sheldon Adelson’s money and army of lobbyists can only do so much about that.

This is where I say again that I am ambivalent about expanded gambling, and if it ever does come to a vote I’ll have to think about it, and my decision will be based on the merits of the specific proposal. Let’s just say that I’m not at all unhappy that a law that would have put a lot of money into the estate of a terrible person like Sheldon Adelson did not make it through.

Finally, the story notes that a parallel push for sports betting, which worked in tandem with the casino effort and also had various professional teams on its roster, also failed. Dan Patrick opposed that as well, so everything I’ve said already applies.

The next voter registration project

Necessary, but not sufficient.

Still the only voter ID anyone should need

Texas Democrats’ takeaways from the 2020 election are clear: to take back our state from Texas Republicans, Democrats need to register more voters. With Republicans’ increasing extremism and relentless attacks on Texans this spring, the stakes have never been higher in the fight for Texas’ future.

Today, in a press conference with Congresswoman Veronica Escobar, Congresswoman Sheila Jackson Lee, Texas Senate Democratic Caucus Chair Carol Alvarado, State Sen. Royce West, Texas House Democratic Dean Senfronia Thompson, Texas Legislative Black Caucus Chair Nicole Collier, Mexican American Legislative Caucus Chair Rafael Anchía, House Democratic Caucus Chair Chris Turner, and Texas Democratic Party Chief Strategy Officer Luke Warford, Texas Democrats unveiled Project Texas, our comprehensive plan to register Texas Democrats and take back our state in the 2022 elections. The full recording of the press conference is available here, and you can read more about the plan here.

There are more than 2 million eligible Texans who would likely vote Democratic — but are not yet registered. With Project Texas, Texas Democrats will work to register as many of these voters as possible, because we believe that every eligible Texan should be able to register and vote, safely and conveniently. Texas Democrats have consulted with partners across the state and beyond to create a plan to get Texas Democrats registered — both using proven approaches, and testing out innovative ways to encourage Texans to fill out their forms and get registered.

Project Texas includes two phases. First, Texas Democrats will test out six approaches to voter registration through our 2021 pilot program, and identify which tactics work best. Then, we will scale up the most effective methods to do a massive voter registration push in 2022.

Of the 2 million unregistered likely Democratic voters in Texas, more than half are Latino, ⅕ are Black and ¼ are 25 years of age or younger. Outreach to young Texans and Latino and Black communities will be a foundational part of our Project Texas programming. Every Democrat we register gives Texans a better shot at tipping the scales and putting Democrats in power in 2022.

I agree that voter registration is an evergreen project – there are many people moving here, many people turning 18, many new citizens, and still many people who were never registered in the first place; we also have to remember the people who move to new addresses, and who fell off the voter rolls for one reason or another. There will never come a time when we can say “okay, we’re done here”. I doubt there will ever be a time when we’ll be able to just coast and let voter registration be a background task.

But as much as voter registration matters, it’s clearly not enough. For one thing, Republicans were registering voters in the 2020 cycle as well. I have no idea how many they might have signed up and how many of them subsequently turned out, but we don’t have this field to ourselves any more. Once people are registered, we have to turn them out, and we have to make sure the people we’re turning out are going to vote for our candidates. Lots of first-time Republicans showed up in 2020 as well, after all. We also need to be paying some more attention to our already-registered but less-frequent voters.

On the assumption that something like SB7 is eventually going to pass, the next part of this process is going to have to be to make sure all of our voters know what the new requirements and restrictions are. We’ve mostly managed to deal with the voter ID hurdle, and now there are going to be many more such obstacles. I hope we have a plan to make sure everyone knows what they will need to do to cast a ballot that counts in 2022 and beyond. For sure, whatever law we end up with will be litigated, but we can’t count on the courts to save us. We need to be prepared to live and vote in the world that is being foisted on us.

None of this is revolutionary, and I assume the TDP folks have their plans in place. I’m putting this out there in part to let you know about it and in part to make sure we’re all cognizant of how the ground is shifting. We have made a lot of progress in the last four years, as I hope my precinct analysis posts have shown, but there’s more to do and the conditions under which we do them are changing. We have to keep up with, and get ahead of, those changes.

Giving a hand to music venues

This is a good idea.

Sen. Carol Alvarado

Qualifying Texas music venues could get up to $100,000 each in tax rebates on alcohol sales under legislation that has passed the House and Senate and now is on its way to Gov. Greg Abbott to be signed into law.

While paving the path for the next Selena, Roy Orbison or Bob Wills is important, State Sen. Carol Alvarado, D-Houston, said the program is also about the 200,000 people who make their living in Texas music and the tourists who come to explore the state’s rich music history.

“The Texas music industry is a vital portion of the state’s economy,” Alvarado said in promoting Senate Bill 609, which would create the music incubator rebate program.

The state promotes the music industry prominently in tourism guides to generate business, but there has been little government help available to keep the doors open in iconic Texas music venues, and a number of them have been bulldozed in the last few years:

Threadgill’s in Austin — the former Armadillo World Headquarters — where Beaumont’s Janis Joplin got her start.

Fitzgerald’s in Houston where ZZ Top, Stevie Ray Vaughan and Bun B ruled the stage.

The Roxy in Laredo, where Selena would meet key members of her band and play many shows as she was starting in the 1980s.

All are gone.

[…]

These aren’t just neighborhood bars looking for a handout, said Rebecca Reynolds, president of the Music Venue Alliance. She said the venues are an important part of the state’s cultural arts and need to be recognized by government leaders as such.

“Live music is a big part of who we are in Texas,” she said.

She said there is a value to the state for keeping places like these producing the music that has become a big piece of American history.

If Abbott signs the legislation, the music incubator program would be developed by the state’s Music, Film, Television, and Multimedia Office. By September 2022, the office would begin taking applications for a portion of the funding. The program would be funded by taxes on alcohol sales at the venues.

To be eligible for funding, venues would have to have an audience capacity of 3,000 people or less. Music festivals would also be eligible if they are in a county with a population of less than 100,000. Those venues and festivals have to have been operating for at least 2 years to be eligible.

Reynolds said it was important to make sure the little venues and festivals get help, and not the big music festivals like SXSW and the ACL Festival in Austin.

Here’s SB609. I see this as one part historic preservation and one part hedging against future disruptions like the COVID pandemic. There was money in the recent American Rescue Act that will help music venues for now, and this will hopefully help for the longer term. It’s a worthwhile investment.

First major vote suppression bill passes

Nothing’s going to stop them.

Senate Republicans on Thursday cleared the way for new, sweeping restrictions to voting in Texas that take particular aim at forbidding local efforts meant to widen access.

In an overnight vote after more than seven hours of debate, the Texas Senate signed off on Senate Bill 7, which would limit extended early voting hours, prohibit drive-thru voting and make it illegal for local election officials to proactively send applications to vote by mail to voters, even if they qualify.

The legislation is at the forefront of Texas Republicans’ crusade to further restrict voting in the state following last year’s election. Though Republicans remain in full control of state government, Texas saw the highest turnout in decades in 2020, with Democrats continuing to drive up their vote counts in the state’s urban centers and diversifying suburban communities.

Like other proposals under consideration at the Texas Capitol, many of the restrictions in SB 7 would target initiatives championed in those areas to make it easier for more voters to participate in elections.

The bill — deemed a priority by Lt. Gov. Dan Patrick — now heads to the House for consideration after moving rapidly through the Senate. Just two weeks after it was filed, a Senate committee advanced it Friday. That approval followed more than five hours of public testimony, largely in opposition over concerns it would be detrimental to voters who already struggle to vote under the state’s strict rules for elections.

While presenting the bill to the Senate, Republican state Sen. Bryan Hughes said the legislation “standardizes and clarifies” voting rules so that “every Texan has a fair and equal opportunity to vote, regardless of where they live in the state.”

“Overall, this bill is designed to address areas throughout the process where bad actors can take advantage, so Texans can feel confident that their elections are fair, honest and open,” Hughes said.

In Texas and nationally, the Republican campaign to change voting rules in the name of “election integrity” has been largely built on concerns over widespread voter fraud for which there is little to no evidence. More recently, Texas Republican lawmakers have attempted to reframe their legislative proposals by offering that even one instance of fraud undermines the voice of a legitimate voter.

[…]

While questioning Hughes, Democratic state Sen. Carol Alvarado of Houston referenced an analysis by Harris County’s election office that estimated that Black and Hispanic voters cast more than half of the votes counted at both drive-thru sites and during extended hours.

“Knowing that, who are you really targeting?” Alvarado asked.

“There’s nothing in this bill that has to do with targeting specific groups. The rules apply across the board,” Hughes replied.

See here for the previous update. Note the very careful language Hughes used in his response to Sen. Alvarado. The Republican defense to the eventual lawsuits is that these laws aren’t targeting voters of color in any way. They’re just plain old value-neutral applies-to-everyone restrictions, the kind that (Republican) Supreme Court Justices approve of, and if they happen to have a disparate impact on some voters of color, well, that’s just the price you have to pay to make Republicans feel more secure about their future electoral prospects ensure the integrity of the vote.

It’s the poll watchers provision that is easily the worst of this bill.

Although videotaping in polling locations in Texas is prohibited, under a bill that passed the Texas Senate just after 2 a.m. on Thursday, partisan poll watchers would be allowed to videotape any person voting that they suspect may be doing something unlawful. But poll workers and voters would be barred from recording the poll watchers.

History has shown this is likely going to lead to more Black and Hispanic people being recorded by white poll watchers who believe they are witnessing something suspicious, advocates warn.

“It’s designed to go after minority voters,” said Gary Bledsoe, the president of the Texas NAACP.

Not so, says State Sen. Bryan Hughes, a Republican from Mineola. He said the recordings by poll watchers will give officials a way to resolve disputes at polling locations especially related to potential voter fraud.

“They are the eyes and ears of the public, and if a dispute does arise about what happened, what was said, what was done, the more evidence we can have the better,” Hughes said of the provision within his Senate Bill 7, which includes a number of measures to restrict voting access in the name of preventing fraud.

But to Black and Hispanic leaders, the legislation is a replay of the voter intimidation from the 1960s and 1970s. After the voting rights acts of the 1960s were passed, Domingo Garcia, the national president of LULAC, said law enforcement in some counties in Texas would take pictures of Hispanics and Black voters at polling places and then try to deliver those pictures to their white employers or others in the community to get them in trouble.

“It was a form of voter intimidation then, and that’s what this would be now,” Garcia said.

What makes SB 7 even more dangerous is who it is empowers to make recordings, Bledsoe said.

Poll watchers are volunteers chosen by candidates and parties to observe the election process. They do not undergo background checks and are not subject to any training requirements.

As such, they could quickly become a sort of vigilante force, Bledsoe said. He said many times Republican poll watchers are sent from other parts of the community into Black and Hispanic precincts and may not even be familiar with the neighborhoods where they would be allowed to record people trying to vote.

“This is intimidating as all get out,” he said.

Shortly after midnight Thursday in a marathon hearing, Hughes amended the bill to bar poll watchers from posting the videos on social media or sharing them with others except for the Texas Secretary of State.

If you can’t see the potential for abuse here, I don’t know what to tell you. Others have pointed out that voters who have been the victim of domestic violence would certainly feel intimidated by having a stranger video them. This is giving unvetted people with a motive to cause trouble a lot of power and no accountability. That’s a recipe for disaster.

There’s not a lot more to say about this that I haven’t already said, so let me reiterate a few things while I can. There’s been more corporate pushback on the Georgia law, but we’re still very short on attention for what’s happening in Texas, not to mention the rest of the country. At this point, merely condemning the suppressionist bills is insufficient. If you actually believe in the importance of voting, then put your money where your mouth is and take action to vote out the officials who are trying to take it away from so many Americans. Senator Hughes is right about one thing – this anti-voting push from him and his fellow Republicans did in fact begin before the 2020 election. All the more reason why the elected officials doing the pushing do not deserve to have the power and responsibility they have been given.

Sen. Borris Miles gave a speech on the floor thanking Sen. Hughes for “waking the beast”, and I do think bills like this will have a galvanizing effect for Democrats and Democratic leaners. As I’ve said before, I think the practical effect of this law will be more negative to the Republican rank and file than perhaps they expect. Democrats took advantage of voting by mail in 2020, but that’s not their usual way of voting, and the restrictions that SB7 imposes, as Campos notes, is going to hurt those who are most used to voting by mail, who are generally Republicans. I believe as much as ever that Democrats should campaign in 2022 on a promise to make it easier and more convenient to vote. This law, to whatever extent it is allowed to be enacted, will hurt, but how much and in what ways remains to be seen. That’s the risk of reacting so forcefully to an anomalous event – it’s easy to go overboard and do things you didn’t really intend to do. We’ll see how it plays out. The Texas Signal has more.

UPDATE: This is a good start.

American Airlines Statement on Texas Voting Legislation

Earlier this morning, the Texas State Senate passed legislation with provisions that limit voting access. To make American’s stance clear: We are strongly opposed to this bill and others like it. As a Texas-based business, we must stand up for the rights of our team members and customers who call Texas home, and honor the sacrifices made by generations of Americans to protect and expand the right to vote.

Voting is the hallmark of our democracy, and is the foundation of our great country. We value the democratic process and believe every eligible American should be allowed to exercise their right to vote, no matter which political party or candidate they support.

We acknowledge how difficult this is for many who have fought to secure and exercise their constitutional right to vote. Any legislation dealing with how elections are conducted must ensure ballot integrity and security while making it easier to vote, not harder. At American, we believe we should break down barriers to diversity, equity and inclusion in our society – not create them.

Via Patrick Svitek, who also posted the super pissy response it drew from one of Abbott’s mouthpieces and from Dan Patrick. More action is needed, but we have to start somewhere.

UPDATE: Also good:

Via the Trib. Keep ’em coming, but don’t forget the need for action.

Assault on abortion advances in Senate

I have four things to say about this.

The Texas Senate gave initial approval Monday to a half-dozen bills that would restrict access to abortion, including a priority measure that could ban abortions before many women know they are pregnant.

The measures are among the earliest bills to be debated by the full Senate — whose presiding officer, Lt. Gov. Dan Patrick, has given two abortion proposals top billing this session. Each piece of legislation must be voted on again in the upper chamber and then go through a similar process in the House before becoming law.

Senate Bill 8 would ban abortions after a fetal heartbeat has been detected, which can be as early as six weeks, according to a legislative analysis. The bill has an exception for medical emergencies but not for rape or incest.

The bill would also let anyone in Texas sue an abortion provider if they believe they violated state laws, regardless of whether they had a connection to someone who had an abortion or to the provider. A person who knowingly “aids or abets” others getting abortions prohibited under state law could also be hit with lawsuits, according to a bill draft.

“We’re setting loose an army of people to go sue somebody under a bill that will likely be held unconstitutional,” state Sen. Nathan Johnson, D-Dallas, said. “They could be sued over and over and over again having to pay $10,000” which is the minimum proposed damages in the bill.

Similar “heartbeat bills” have been passed in other states but have been blocked by the courts.

State Sen. Bryan Hughes, R-Mineola, the lead author of SB 8, said unique legal language in the bill makes him believe it will be upheld. It’s intended to “protect our most vulnerable Texans when the heartbeat is present,” he said.

Senate Bill 9, another Patrick priority, would bar nearly all abortions if the U.S. Supreme Court overturned the Roe v. Wade decision or otherwise altered abortion laws. It would create a possible fine of $100,000 for doctors who perform abortions after the law goes into effect. Sen. Carol Alvarado, D-Houston, said the fine for sexual assault in Texas has a $10,000 maximum.

Other legislation given initial approval Monday would bar later-term abortions in the case of severe fetal abnormalities — closing what the bill’s authors have likened to a “loophole” and forcing people to carry ill-fated or unviable pregnancies to term, according to experts and advocates. Women in that situation would be provided with information about perinatal palliative care, or support services, which they may not have been aware of, the bill’s author said.

Another bill, Senate Bill 394, would bar pill-induced abortions after seven weeks. Guidelines from the Food and Drug Administration approve the use of abortion pills up to 10 weeks. Nearly 40% of abortions performed on Texas residents in 2019 were medication-induced, according to state statistics.

1. I’m sure the anti-choice wingnuts are delighted by all this, but I wonder if any of them have ever said to themselves “Hey, wait a minute, we’ve had total control over the state government in Texas for 20 year. Why are we just getting all of this now, after all this time?” I doubt they have that level of self-awareness, however.

2. Most if not all of this would have been clearly illegal following the Whole Women’s Health ruling, but thanks to Anthony Kennedy’s retirement and John Roberts’ controlling opinion in the Louisiana case where a nearly identical law that had been struck down was tried again, most of the teeth from Whole Women’s Health were blunted, if not extracted. I have no idea what the courts will do under the newer ruling, but let’s just say I’m not optimistic.

3. The law that would allow basically anyone to sue any abortion provider for any reason is going to be a real rainmaker for a certain type of lawyer in this state. The odds that at least one such lawyer will end up running an elaborate grift based on this and eventually get busted for it are basically 100%.

4. In theory, federal legislation could overrule much of this, but there’s basically zero chance of that happening in the current Congress. As is so often the case, the real long-term remedy is Democratic control of Texas’s government. Needless to say, that ain’t gonna be easy. The starter agenda for when we finally get that is getting longer and longer.

The Chron and the Signal have more.

Mayor Whitmire 2.0?

Buried in this story about the recent departure of HPD Chief Art Acevedo for Miami is the following tidbit:

Sen. John Whitmire

Houston insiders knew that the 56-year-old Acevedo had been considering a mayoral run once Sylvester Turner reached his term limit in 2024. But as Acevedo started prospecting for supporters, the response wasn’t good. Despite public grandstanding after George Floyd’s death—posing for photo ops with local protesters, changing his Twitter profile image to one of Floyd, granting countless TV interviews—his support in the Black community was thin, owing at least partly to ongoing animosity toward the HPD’s record on policing minority communities. Houston politicos also told me that the Mexican American community was lukewarm at best on the Cuban American police chief.

Even stranger, Acevedo’s support among non-Hispanic white Houstonians risked fracture. The police chief had made a gentleman’s agreement with John Whitmire, dean of the Texas Senate, not to run against him, should the Houston lawmaker seek the mayor’s office, as has been speculated. “Art and I are the best of friends, and he and I agreed months ago that we both wouldn’t be in the race,” said Whitmire, who conceded that, while he will run for reelection to the state Senate in 2022, he has been exploring a mayoral run.

I had neither Chief Acevedo nor Sen. Whitmire on my speculative list of 2023 Mayoral candidates. I’m actually a little more surprised to see Whitmire’s name in that story than I am to see Acevedo’s, if only because it’s hard to imagine the Texas Senate without Whitmire. On the other hand, it can’t be any fun to serve as a Democrat with Dan Patrick holding the gavel – there’s a reason why Rodney Ellis took the first chance to bail out for the seat on Commissioners Court – and the prospect of being the big fish who can actually get stuff done has to have a lot of appeal. As Campos notes, Whitmire already has a crap-ton of money, and the list of establishment politicians and civic leaders who would put their name on a list of his supporters is already multiple pages long. Whitmire would (largely) clear the field in a way that no one else could. If he wants to do this, he’d start out as the favorite.

Whether he would, and whether he should, are different questions. If Dems can finally break through at the statewide level in 2022, especially if they can beat Patrick, that might make staying in the Senate a lot more appealing, even as a member of the minority. Houston has a number of tough long-term challenges, and if the Senate continues to be an inhospitable place those challenges will be greater since the Legislature is much more interested in sticking it to the big cities than in helping them in any way. Whitmire may prevent some other potential candidates from entering the race against him, but he hasn’t had a real electoral challenge in a long time, and city politics are a lot different than state politics. Mayor of Houston is a powerful and prestigious job, but I guarantee it’s a lot harder and a much bigger time commitment than any state political gig. This is not a decision to be made lightly, that’s all I’m saying.

For what it’s worth, from my privileged position of armchair quarterback, I would like to see someone who sees themselves as a future statewide candidate be the next Mayor of Houston (*). Mayor of Houston would be a pretty good springboard to a statewide candidacy, and we’re going to need as deep a bench as we can get as statewide races become truly competitive. I specifically mentioned Sen. Carol Alvarado in this context when I came up with my theoretical candidates list last year, and I stand by that. Other people on my list – Amanda Edwards, Abbie Kamin, Chris Brown – also fit that bill, and one name suggested to me afterward who also would fit it is Michael Skelly. Nobody who is thinking about running for Mayor now has any reason to care about that, but I’m a blogger so it falls to me.

Anyway. We knew Mayor Turner was seriously running in 2015 well in advance, and I suspect we’ll know what Sen. Whitmire is thinking early on as well. In case you were wondering, by the way, Sen. Whitmire is the former brother-in-law of Mayor Kathy Whitmire; she is the widow of his brother. John Whitmire would make a very strong Mayoral candidate if he chooses to run. We’ll see what he decides.

(*) If you really want to think long-term, the next person elected Mayor will most likely serve through 2031. John Cornyn’s Senate seat will be on the ballot in 2032, and the next Governor’s race would be in 2034. One could mount a statewide campaign while halfway through one’s first term in the 2026 election, though I would not advise it, or one could run either as a one-term Mayor or midway through one’s second term in 2030. Sen. Whitmire is currently 71 years old.

Bills to allow casinos filed

Don’t bet on them, that’s my advice.

Sen. Carol Alvarado

Two Texas lawmakers on Tuesday filed legislation backed by the gaming empire Las Vegas Sands that would legalize casino gambling in Texas.

The legislation was filed by Rep. John Kuempel, R-Seguin, in the House and Sen. Carol Alvarado, D-Houston, in the Senate. The proposals would create special casino licenses for four “destination resorts” in the state’s four largest metropolitan areas: Dallas-Fort Worth, Houston, San Antonio and Austin. At the same time, it would establish a Texas Gaming Commission to regulate the casinos, and it would separately legalize sports betting.

The legislation would require amending the Texas Constitution, which currently bans most gaming in Texas. That is only possible with a two-thirds vote of lawmakers in both chambers, and then voter approval in the November election.

Kuempel is the vice chair of the House Licensing and Administrative Procedures Committee, which oversees industries regulated by the state, including current gaming options. Alvarado, meanwhile, chairs the Senate Democratic Caucus.

Las Vegas Sands, founded by the late GOP megadonor Sheldon Adelson, has spent the past few months building a massive push at the Capitol, spending millions of dollars to hire nearly six dozen lobbyists. The bill-filing deadline for the biennial legislative session, which got underway in January, is Friday.

“We appreciate the work of the bill’s sponsors and we are excited to engage in further discussion with elected leaders and community stakeholders on the possibilities for expanding Texas’ tourism offerings through destination resorts,” Andy Abboud, Las Vegas Sands senior vice president, said in a statement.

The legislation is consistent with the vision that Las Vegas Sands has laid out for casinos in Texas: a limited number of licenses for mixed-use “destination resorts” in the state’s biggest population centers, with a high minimum investment intended to attract only the best operators. To that end, the legislation calls for a land and development investment of at least $2 billion in Dallas-Fort Worth and Houston, as well as $1 billion for San Antonio and Austin.

The “destination resort” licenses would be considered “Class I” licenses. The legislation would then create three “Class II” licenses for “limited casino gaming” at horse-race tracks in Dallas-Fort Worth, Houston and San Antonio. After that, two “Class III” licenses would be made available for similarly limited casino gambling at greyhound tracks in Corpus Christi and Harlingen.

The full casino legalization would also extend to the state’s three federally recognized Native American tribes at their reservations in El Paso, Eagle Pass and Livingston. They are currently able to offer limited gaming.

See herer and here for more on the casinos’ latest push to legalize more forms of gambling in Texas. As the story notes, that recent DMN/UT Tyler poll included questions about casinos and sports betting, and found them both to have popular support; not a surprise, as gambling has always polled well in Texas. (They also have Mattress Mack in their corner.) The obstacles remain the same: Neither Greg Abbott nor Dan Patrick support this, and a two-thirds majority, which is needed to put the propositions to a vote, is a high bar to clear. Maybe this is the year it happens, but you could have said that about many previous legislative sessions. The smart money remains on the bills not passing.

Again with defining the Governor’s powers in an emergency

The legislative process has begun, and I feel like we’ve already lost the plot.

For roughly the past year, Republicans and Democrats have picked apart the state’s response to the coronavirus pandemic — and particularly how Gov. Greg Abbott has wielded his power along the way.

Now, with less than 90 days left in the 2021 regular legislative session and as Abbott has moved to lift most of the restrictions he imposed, the Texas Legislature is setting its sights on addressing the governor’s emergency powers during a pandemic. And while many differences remain on the approach, members of both parties and both chambers of the Legislature appear intent on doing something.

In the House, a top lieutenant of GOP Speaker Dade Phelan has filed a wide-ranging bill that would affirm the governor’s ability to suspend state laws and require local jurisdictions to get approval from the secretary of state before altering voting procedures during a pandemic, among other things. The measure has been designated House Bill 3, indicating it’s a top priority for the new speaker, behind the lower chamber’s proposed state and supplemental budgets in House Bills 1 and 2, respectively.

The author of House Bill 3, Rep. Dustin Burrows, R-Lubbock, has said the proposal can serve as a starting point for lawmakers to begin to map out what the state’s response should look like in the event of another pandemic.

“After going through the last year of a pandemic and the government reaction to it, we owe Texans a healthy and robust debate about what we agree and disagree with,” Burrows said in a statement to The Texas Tribune for this story. “I filed HB3 so we could have a holistic review of state governance and to make sure we protect our liberties during a state emergency.”

The Senate, meanwhile, is appearing to take a more piecemeal approach. Lt. Gov. Dan Patrick has included several pandemic-related proposals as part of his 31 legislative priorities for the session, including a “First Responders Pandemic Care Act” and a “Family Nursing Home Visitation Rights” bill. Patrick’s office has remained tight-lipped so far about the substance of those proposals — many of which have not yet been filed — or his chamber’s contrasting approach. A Patrick spokesperson declined to comment on the record.

“Things are off to a slow start, and I think we’re probably in wait-and-see mode” when it comes to reforming emergency powers, said Sen. Carol Alvarado, D-Houston, chair of the Senate Democratic Caucus. “There seems to be more going on on the Republican side of that, but as far as doing something like an HB 3 goes, I’m not sure.”

There are broad areas of agreement between the two chambers on issues like protecting businesses from certain lawsuits related to COVID-19, which is among Patrick’s and Abbott’s priorities and is included in the House’s omnibus proposal. But the more tricky territory could be reforming the parameters of a state pandemic response.

[…]

As filed, House Bill 3 would carve out future pandemics from how the state responds to other disasters, such as hurricanes. For roughly the past year throughout the pandemic, the state has been operating under the Texas Disaster Act of 1975, which Abbott has used to issue statewide guidelines. Some have argued that the disaster statute did not fit the circumstances brought on by the unprecedented pandemic and that tweaks would be needed should a similar crisis happen in the future.

The bill would also require local jurisdictions to receive approval from the secretary of state before altering voting procedures during a pandemic — an attempt to avoid the headlines and confusion that defined much of the 2020 general election, such as court battles over mail-in ballot applications and drive-thru voting.

“All of these jurisdictions, especially in [Harris and Dallas counties], the more blue areas, we’re not going to let them use a pandemic excuse to change the rules of the game to try to get more Democrats out to vote,” Burrows said last week on the Lubbock-based Chad Hasty radio show, noting that the Republican Party of Texas has named “election integrity” a top priority this legislative session.

Among its other provisions, the bill would affirm existing protections for places of worship remaining open during a pandemic, and for the sale or transportation of firearms and ammunition.

See here for the background. Keeping churches and gun stores open, while making it harder to vote – you have to hand it to these guys, they never miss an opportunity to follow their zealous little hearts. Kind of quaint to think that the heart of the matter would be about the relative roles of the Governor and the Legislature, or that a lightweight like Steve Toth would have the more serious and constructive proposal, but here we are. Speaking of which, the Chron adds a few details.

Steve Toth, R-The Woodlands, filed a bill that would give the Legislature the power to intervene midpandemic if voters approved a constitutional amendment. Toth’s bill, House Joint Resolution 42, was one of at least eight that have been filed by lawmakers on both sides of the aisle on the subject.

Last year, Toth and other conservative lawmakers were also party to lawsuits against the governor claiming Abbott abused his emergency powers when he extended the early voting period and when he signed off on a deal with a contact tracing company.

But Toth said Wednesday that he felt confident that Phelan and Burrows are listening to feedback and willing to make changes that other members deem necessary to strengthen the bill. Whether that will include a requirement for a special session, however, remains to be seen.

“I’d be seriously disappointed if they weren’t welcoming input,” Toth said. “I’d be disappointed if they weren’t saying how can we change to make it better, but they are, enthusiastically.”

Phelan, for his part, has supported Abbott taking charge during disasters, something he’s said helped his community of Beaumont during Hurricane Harvey. In a statement Thursday, Phelan called HB 3 “the House’s initial blueprint for our pandemic response.”

“Our chamber welcomes healthy debate over the best way to defend our liberties, create predictability in times of crisis and safeguard our economy,” he said.

Rep. Chris Turner, House Democratic Caucus chair, said in a statement that while the bill will likely go through many changes as the session goes on, “there is broad interest in addressing how future governors respond to future emergencies, given Gov. Abbott’s confusing, slow and often inadequate response to the COVID-19 pandemic — not to mention last month’s winter storm.”

He added that he hopes the legislation will give local leaders the chance to make rules for their own communities without being preempted by the governor. As of now, the law does the opposite, affirming a clause that most of Abbott’s orders have included stating that a governor’s emergency orders supersede local ones.

“Beyond that, we need to prioritize fixing our broken data reporting systems so we can make decisions based on science rather than politics,” said Turner, D-Grand Prairie.

I mean, I don’t really want Steve Toth to be happy, but he did have one halfway decent idea, and I do like to encourage that sort of thing. The Senate still has to weigh in, not that they’re likely to do anything to improve matters. As the Chron story notes, limiting the Governor’s powers was not something Dan Patrick considered to be a priority. He has more important things on his mind.

Bill Kelly: Voting Matters

(Note: The following is a guest post that was submitted to me. I occasionally solicit guest posts, and also occasionally accept them from people I trust.)

The national headlines have highlighted the increased turnout among Harris County voters, and rightfully so. But rather than discuss or project what that increase is likely to mean for election results, it is worth noting the actual mechanics of how so many of our neighbors are able to cast these early votes.

Chris Hollins, our Harris County Clerk, and his team have rolled out an impressive and imaginative early voting plan. Commissioner’s Court deserves credit for making the needed investments so that citizens in Harris County can safely access the ballot even during this pandemic.

Now I’ve been working in campaigns in Harris County since 2003, but this is the first time we have operated under a Democratic County Clerk for a general election. And the difference it has made is truly amazing, and I hope people can tell the subtle changes that are making a significant difference in giving voters access.

First, there is the timing. Governor Abbott’s decision to expand the normal 12 day early voting period to 18 days was critical to promoting a safer – and less crowded – voting experience. The tremendous turnout we have seen in the last 9 days would have packed polling locations without this additional time.

Days are made up of hours, and the investment by Harris County to keep polls open from 7am to 7pm is actual a big deal. Under previous clerks, early voting hours were restricted to the hours between 8:30am to 4:00pm during the first 5 days of early voting.

It is common sense and now self-evident that more people are turning out when the polls are open longer at more convenient times for voters.

What I want to point out is that proposition remains true in reverse: fewer voters access early voting when there are fewer hours.

While Harris County was operating under restrictive hours, Tarrant, Travis, and Dallas Counties all offered more hours for early voting. The Harris County excuse? It would cost more.

Having a Clerk who values democracy matters.

Second, locations – locations – locations. Today, there are 122 early voting locations around Harris County. In 2018, that number was close to 40. Again, this is not a difficult concept, but to see the scale of progress is really amazing.

Aside from tripling the number, nowhere is the location accessibility factor more visible than on our major college campuses. Having early voting locations at the University of Houston (Go Coogs!), Rice, and Texas Southern is a game changer.

In 2008, the closest early voting locations to each of these campuses was the Fiesta near NRG or the HCC Southeast location near I-45 South & 610.

For anyone familiar with Houston geography, these locations are not convenient – at all – to any of these campuses.

Again, Harris County choose not to place an easily accessible early voting locations before Hollins did for any general election. If you think this was an accident, I’d point to the campus openings of Rice in 1912, UH in 1939, and TSU in 1946. It should not take over 70 years to get an early vote site on these campuses.

Investing in over 100 locations in a county of 4.7 million should be the new normal – if the goal is to increase voter access and participation.

Finally, election day itself has been transformed to offer greater access. In campaign after campaign in the 2000s, the message of “you can early vote anywhere in the county” would quickly pivot to “you can ONLY vote in your neighborhood precinct.”

You wanna see a campaign manager in a panic? Tell them their election day doorhangers have the wrong polling location.

While Harris County clung to this system, Fort Bend creating election day Voting Centers, which allowed anyone in the county to vote at these locations on election day. It was an easy message to point toward a location where every voter in the county could vote. Another choice made that made voting less accessible.

Now, voters in Harris County can vote at ANY voting location on election day. For low propensity voters, the ease of pulling into a polling location and hearing, “yes, you can vote here,” again helps more voters participate in voting.

Timing, locations, and countywide access are all concrete policy changes that have been instituted by the Harris County Clerk since 2018. But these changes should not be the end point.

Even before the voting process begins, state policy looks to restrict access in ways that are laughable. The lack of online voter registration in Texas is a clear indictment of suppression policy. Despite statewide support for the policy, Senator Carol Alvarado faced opposition on her bill to create this online voter registration system by Republicans in Harris County.

Wonder why.

To be clear, the Texas Election Code allows for astronauts to voter from space . . . but does not allow for online voter registration. Seriously.

Online registration is less expensive, much cleaner with data input, and is unquestionable easier for citizens looking to register than mailing in an application.

Texans are choosing their new elected leaders right now. Much of the Texas political power structure does not want a larger voter turnout, which is directly reflected by the voting policy.

Harris County decided to invest in greater voter access. It is making a difference.

Bill Kelly works as the Director of Government Relations for Mayor Sylvester Turner. He has worked on the winning campaigns for Mayor Bill White (2003), State Rep. Hubert Vo (2004), Council Member Peter Brown (2005), State Rep. Ellen Cohen (2006), and the Harris County Coordinated Campaign (2008).

Endorsement watch: Carol and Borris

This is another easy call.

Sen, Carol Alvarado

When Carol Alvarado was elected to represent state Senate District 6 in a special election in 2018, she already had an impressive record under her belt.

After serving on Houston City Council and as the city’s mayor pro tem, she was elected in 2008 to the Texas House of Representatives to represent District 145. She was appointed chair of the Urban Affairs Committee and worked with Republican colleagues to get bills passed, including a 2015 grand jury reform bill that became law.

In her freshman term as a state senator, Alvarado has continued that run.

She co-sponsored 32 bills, 29 of which became law. The legislation ranged from a bill requiring insurance companies to cover diagnostic mammograms to one that gives every student the option of having an ECG heart screening as part of his or her athletic physical exam.

[…]

Alvarado, 52, whose opponent in the race is Libertarian Timothy Duffield, told the editorial board Medicaid expansion will be her top goal in the 2021 Legislature.

That’s an especially worthy goal during the current economic downturn as thousands lose employer-sponsored insurance. We strongly recommend Alvarado for State Senate District 6.

I think in a year where there are a lot of races to endorse in, it’s all right to skip the ones like this where there’s no major party opponent. But even if you do that, Sen. Alvarado would be an obvious choice. She’s done everything you’d want her to do as your Senator.

This one is a bit more nuanced.

Sen. Borris Miles

Outside the Legislature, state Sen. Borris Miles can’t seem to keep himself out of trouble.

The list of scandals include his indictment (and acquittal) over charges of deadly conduct after he allegedly pulled a gun and threatened the host of a holiday party in 2007, his threatening to “beat up” a plainclothes DPS trooper who was protecting Attorney General Ken Paxton in 2015, reports by the Chronicle in 2016 that he repeatedly failed to disclose his business interests in three companies as state law requires, and a 2017 Daily Beast piece that detailed sexual harassment accusations.

His constituents, first in House District 146 and now in Senate District 13, have found none of these allegations disqualifying, sending Miles back to Austin year after year. They have been rewarded with a solid Democratic lawmaker who represents the interests of a region that cuts across Harris County and includes neighborhoods such as Sunnyside, East End, Greater Fifth Ward and International District.

[…]

His opponent, Republican Milinda Morris, is a practicing obstetrician-gynecologist and U.S. Air Force veteran. She opposes abortion rights, and supports unrestricted gun carry and school vouchers. In recommending her in the GOP primary last March, we praised her support for public health and openness to expanding Medicaid.

Based on his troubling pattern of behavior, we believe voters can do better than Miles and have twice endorsed his primary opponents. But in this race, his track record in the Legislature and the fact that his positions are far more in sync with his district than his opponent’s make him the best choice on Election Day.

For what it’s worth, the most recent allegation the Chron cites is from 2017, so perhaps Sen. Miles has been keeping himself out of trouble lately. But maybe it’s just not making the news right now.

One could draw a parallel, in terms of unbecoming behavior, from Sen. Miles to Rep. Briscoe Cain, whom the Chron declined to endorse. Cain is also in sync with his district, as I noted. I would argue that Sen. Miles has an actual record of accomplishment, in the House as well as the Senate, while Rep. Cain is basically a whoopie cushion with a Twitter account (when it hasn’t been suspended for making threats, anyway). Again, though, one might claim that he’s just doing what the people in his district voted for him to do. If one is sympathetic to Rep. Cain’s viewpoint, I can understand how one might conclude that the main difference is that the Chron mostly agrees with Sen. Miles on the issues, and as that is the case that’s why the Chron is mostly endorsing Democrats (these days, anyway). I doubt I could persuade you otherwise.

Fallon fallout

Of interest.

Sen. Pat Fallon

After Sen. Pat Fallon’s impressive though not unexpected victory this weekend in the insider’s race to be the GOP nominee for Congressional District 4 – being vacated by Director of National Intelligence John Ratcliffe – rumors are flying and announcements are expected quickly in the coming race to succeed him in the Texas Senate.

If the early buzz is any indication, it’ll perhaps be more of a rural versus suburban fight than a “conservative versus moderate” one.

But there are other fault lines developing and there’s some chatter about whether House members considering a promotion could put the GOP House majority at risk when it comes time to vote for a new speaker.

This is a Quorum Report story, so the rest is behind their paywall, but what I quoted is what you need to know. Fallon, who became the Republican nominee for CD04 over the weekend and is sure to win in November in this deep red district, has not yet said when he plans to resign from the Senate. There could be a special election in SD30 in November if he steps down in the next week or two, but after that it will be post-November. As you may recall from 2018, the SD06 special election was held on December 11th following now-Rep. Sylvia Garcia’s resignation from the Senate, which came after she was officially elected in CD29. That’s one path Fallon could follow, but the complications set in if the winner of the SD30 special election is a sitting member of the State House, because then there would have to be a special election for that seat. Again, going back to 2018, the special election in HD145 that was necessitated after now-Sen. Carol Alvarado won that race was held on January 29, with a runoff on March 5.

So what? Well, as the QR story suggests, we could have a very closely divided House this session. Indeed, it could wind up being 75-75, which would surely make for an entertaining Speaker’s race. But then remember the SD30 special election, in which an elected State House member moved up to that chamber. Now all of a sudden it’s 75-74 in favor of the Dems, and you have a whole new ballgame. And remember, it’s quite common for a newly-elected veteran member of the House to resign following the November election. That also happened in 2018, when Joe Pickett resigned, citing health concerns. It’s not out of the question that a 76-74 GOP majority turns into a 74-74 tie with the SD30 election and some unexpected retirement throwing a spanner into the works. Crazy things do happen.

Another potential chaos factor: Carol Alvarado won the SD06 special in 2018 in the first round, which allowed the HD145 special to take place when it did. If there had needed to be a runoff, it would have happened in late January instead of the HD145 special. But if that had been the case, Alvarado would have still been in her House seat. What that means is that if there’s a runoff in SD30, the Republicans might not actually be down a seat at the time that a Speaker is chosen, but would be later on, possibly stretching into April. They’d have a Speaker but they might not have a functional House majority, especially if the Speaker continues the tradition of not voting on most bills. (And of course, on any given day, some number of members will be absent.) Again, the potential for Weird Shit to happen is non-trivial.

This is ultimately why Rep. Eddie Rodriguez made the decision to withdraw from the SD14 special election runoff, to ensure that his seat was occupied in January. Would every State House member whose district overlaps with SD30 make the same selfless decision if the GOP doesn’t have a clear majority in the lower chamber? That’s the $64,000 question. Of course, there would need to be a non-legislative candidate to rally around. There are many variables, is what I’m saying.

Anyway. This is super inside baseball, but this is also the kind of year where these esoteric considerations need to be taken seriously. I will of course be keeping an eye on this.

Who might run for Mayor in 2023?

Mayor Sylvester Turner

So Election 2019 is (modulo District B) safely in the books, and Sylvester Turner is in office for his second and final term. In years past at this time I’d be taking a look ahead at the next city election – who’s termed out, who could be vulnerable, who might be priming for a run, etc – but with the next election not until 2023 that seems like a stretch. We can start thinking about who might throw their hat into the ring for Mayor, however. The field in 2015 was quite large, and I’d expect something similar in 2023. Houston Mayor is a prime gig, and it doesn’t come open very often.

I’m going to run down a list of names that seem like potential contenders. I want to stress that this list is entirely the product of my imagination. I have no inside knowledge of anyone’s intentions, and I make no warranty on any of these claims. I’m just thinking out loud. So with that in mind…

Chris Brown – He’s the current City Controller, he’s won twice citywide (which among other things means he’ll be term-limited and thus would need to run for something else, if he wants to stay in city elected office), he’s a strong fundraiser, he’s got a long history in city politics. Annise Parker and Kathy Whitmire were both Controllers before they were Mayors. He does have a bit of baggage, and his win over Orlando Sanchez was not by much, but if there’s one person on this list who would surprise me by not running, it would be Chris Brown.

State Sen. Carol Alvarado – Served three terms as Council member in District I and was Bill White’s Mayor Pro Tem before winning election to the Lege in 2008, and continues to be involved with city issues as a legislator. If she has statewide ambitions – and as a young Senator looking at a Democratic-trending state, she should – Mayor of Houston would enable her to run from a bigger base. Legislators have been elected Mayor in various cities recently, including Dee Margo (El Paso), Eric Johnson (Dallas), and of course Mayor Turner. As an incumbent, she’d be in a strong position to build up a campaign treasury in advance of running, as Turner did in 2015. The main negative here is the old story of Latinos having a hard time winning citywide elections, but someone is going to break through, and being a veteran establishment Democratic elected official is a good way to get there.

Amanda Edwards – OK, sure, she’s running for US Senate now, but so are multiple other viable candidates, only one of whom can survive the primary, never mind the uphill battle that would follow. While she would certainly prefer to be well into her first term in Washington, it’s hardly crazy or insulting to say she might be available for this race. She was an At Large Council member, one who I thought would have been in a decent position to run for Mayor this year anyway before she changed course, with a strong fundraising history. Running statewide, especially for a federal office, is a great way to vastly expand your donor base. She may well be done with city politics regardless of what happens this year, but I’d be remiss if I left her off this list.

State Rep. Sarah Davis and State Rep. Jim Murphy – Both are incumbent Republican State Reps, and I’m lumping them together here. Davis has a decent chance of losing this year, and while Murphy will be a favorite to win in 2020, he may find himself in the House minority, and decide it’s not to his liking. Houston is a Democratic city, but as establishment, business-friendly, moderate-by-modern-GOP-standards Republicans, you could imagine one of them at least making it to a runoff in the way Bill King did in 2015, and if things broke right, they could win. As with everyone else on this list they can raise plenty of money, and if Texas is still run by Republicans in 2023 they could argue that they’re better positioned to defend our local autonomy better than any Dem running.

Abbie Kamin – I know, she was just elected to District C, and incumbent Council members don’t have a strong track record in Mayoral races (Dwight Boykins, Steve Costello, Peter Brown, Orlando Sanchez, Chris Bell, Helen Huey, Gracie Saenz…you get the point), but in both the November and December races her performance was impressive, she was one of the best fundraisers of the cycle, and having District C as your base is a pretty good jumping off point, especially in a multi-candidate field where the goal is to make it to round 2. Like I said, this is just me thinking out loud.

Orlando Sanchez – Yeah, him again. You just know he’s going to keep running for things. He has name recognition, he did better than expected in losing to Chris Brown, and hey, the third time was the charm for Sylvester Turner. Why not Orlando?

The field – Not every Mayoral contender is visible from a distance. Every recent competitive race has featured at least one wealthy non-politician type, some more successful than others (Bob Lanier, Bill White, Rob Mosbacher, Gene Locke, Ben Hall, Bill King, that guy from 2019). I’ll be surprised if 2023 is an exception, but I have no idea who that person may be at this time. Similarly, every competitive race has had at least one strong black candidate, and if Amanda Edwards sits it out, someone else will step up. One or more people that no one is thinking of now will be on the radar in 2023. Ask me again in a couple of years and we’ll see who that might be.

That’s my list. Who would you add?

Filing period preview: SBOE, Senate, House

Previously: Congress, and Statewide. As before, I am using the Patrick Svitek spreadsheet as my primary reference.

Buckle up, there’s a lot to talk about here. I’m going to limit my discussion of State House races to the greater Houston area.

SBOE: There are three SBOE seats on the ballot that were carried by Beto in 2018. Winning all three would give Democrats am 8-7 majority on this famously flaky board. One of these seats in within Harris County, and that’s SBOE6, where Michelle Palmer and Debra Kerner have been in for some time.

State Senate: Unlike 2018, there’s really only one competitive district on the ballot, and that’s SD19, the seat Dems fumbled away in the special election. State Rep. Roland Gutierrez and Xochil Peña Rodriguez, daughter of former Rep. Ciro Rodriguez, are in. Despite the self-own in 2018, the district is basically 55-45 Dem, with a bit of variance on either end. Beto took it by 15 points, but even Lupe Valdez cleared fifty percent. A return to normal partisan behavior should make Pete Flores a temporary Senator.

Democratic incumbents Carol Alvarado (SD06) and Borris Miles (SD13) do not have primary opponents as yet. I tend to think someone will run against Miles after those harassment allegations against him were reported, but if so it will likely be a newcomer. One other Dem who both needs and has primary opponents is Eddie Lucio; I discussed Ruben Cortez and Sara Stapleton-Barrera, his known opponents, here. SD29 in El Paso is open following the retirement of Jose Rodriguez, with State Rep. Cesar Blanco the only contender to succeed him so far.

The two Republican-held seats in the Houston area have Dem challengers. For SD04, mostly in Montgomery County, there’s Jay Stittleburg, who ran for Montgomery County Judge in 2018. Griffin Winkworth is listed in the spreadsheet as having filed a designation of Treasurer. SD11 has two contenders: Margarita Ruiz Johnson, who was a candidate for CD22 in 2018 but did not advance to the runoff, and Susan Criss, former District Court judge in Galveston County and candidate for HD23 in 2014. Neither district is particularly competitive – Beto got 41.5% in SD11, but most Republicans carried it by 20 or more.

State House: Let’s start with the districts that don’t have Dem challengers yet. As noted, this is limited to the greater Houston area. You can peruse the spreadsheet at your leisure for other districts.

HD03 (Montgomery/Waller)
HD15 (Montgomery)
HD16 (Montgomery)
HD18 (Liberty)
HD23 (Galveston)
HD24 (Galveston)
HD29 (Brazoria)
HD85 (Fort Bend/Wharton/Jackson)
HD127 (Harris)
HD129 (Harris)
HD133 (Harris)
HD150 (Harris)

HDs 29 (which originally had a Dem who later withdrew) and 127 were the only ones in 2018 that went unchallenged. HD29 in particular is a district of interest, as it was a 47% Beto district in 2018.

Now for Republican-held districts that do have Dem challengers, at least according to the spreadsheet.

HD25 (Brazoria, the now-open Dennis Bonnen seat) – Someone named J. Patrick Henry, whom I cannot conclusively identify.
HD26 (Fort Bend) – Sarah DeMerchant, the 2018 candidate; Rish Oberoi; Suleman Lalani.
HD28 (Fort Bend) – We all know about Eliz Markowitz, right?
HD126 (Harris) – Natali Hurtado, the 2018 candidate.
HD128 (Harris) – Josh Markle, who got a nice fundraising boost from Beto after his little tiff with incumbent Briscoe Cain over automatic weapons.
HD130 (Harris) – Bryan Henry.
HD134 (Harris) – Ann Johnson, the 2012 candidate; Ruby Powers; Lanny Bose, the most recent entrant.
HD138 (Harris) – Akilah Bacy; Josh Wallenstein, who was a candidate in the primary for HCDE at large in 2018.

Two Democratic incumbents so far have primary opponents, Alma Allen in HD131 (Carey Lashley) and Garnet Coleman in HD147 (Aurelia Wagner). Both always seem to draw primary opponents, for whatever the reason. Ron Reynolds in HD26 usually draws one as well, for reasons that are more clear. I note that the spreadsheet lists Richard Bonton as a Republican opponent for Harold Dutton in HD142. Bonton ran against Dutton in the Dem primary in 2018.

We can’t end this conversation without bringing up HD148. I fully expect Anna Eastman to win the special election runoff, which is most likely be on December 14, the same day as the city of Houston runoffs. It doesn’t have to be on the 14th – Greg Abbott sets the runoff date, and he has some discretion. The last time we had a special election for a State Rep seat in an odd year was 2005 with the election in HD143, and that runoff was held on the same date as the city runoffs. Not a guarantee, but a data point. In any event, whatever happens in that race, there’s no reason to believe that some other candidates won’t file for the primary in HD148 as well. Any of the runners up may conclude that this was a wonky election, and that maybe they lost some votes to not-that-Adrian-Garcia. For sure, the primary will have a very different electorate, and Anna Eastman will not be very well known to them. I will be a little surprised if Eastman has the primary to herself.

Last but not least in this series: county races. I don’t get to lean on the spreadsheet for that one.

State Sen. Jose Rodriguez to retire

Sad to see him go.

Sen. Jose Rodriguez

State Sen. José Rodríguez, an El Paso Democrat, announced Friday that he will not seek reelection to the upper chamber in 2020.

Rodriguez informed El Paso colleagues of his decision in a text late Thursday night that was obtained by The Texas Tribune. He made the announcement official at his district office.

“I started my tenure in the Senate with one of the worst budgets in the state’s modern history,” Rodríguez said in a written announcement on his retirement. “Fortunately, my last session was one where state leaders finally gave long overdue attention to our public schools.”

Rodríguez was first elected in 2010 to represent Senate District 29. The district, which hugs the Texas-Mexico border, is historically considered Democratic; it covers El Paso, Culberson, Hudspeth, Jeff Davis and Presidio counties.

The senator’s retirement announcement comes a day after the Senate Democratic Caucus announced that Rodríguez would step down as chair at the end of the year. State Sen. Carol Alvarado, D-Houston, will replace him at the post.

It’s unclear who will announce bids for Rodríguez’s seat. One potential candidate is state Rep. César Blanco, a fellow El Paso Democrat who serves as chair of the House Democratic Campaign Committee.

In case you’re wondering, Beto got 74% in SD29 in 2018, Lupe Valdez got 67%, and Paul Sadler got 61% against Ted Cruz in 2012. So yeah, safe Dem district. A State Rep. like César Blanco could certainly win it, or some other politician from within El Paso; Sen. Rodríguez had been the El Paso district attorney before he won the seat in 2010, following the retirement of Sen. Eliot Shapleigh. Sen. Rodríguez was a strong progressive and a good Senator, and whoever succeeds him will have big shoes to fill. I wish him all the best with whatever comes next.

Initial reaction to the TEA action on HISD

Lots of wait and see so far.

Houston-area political and community leaders offered muted response Thursday to a state recommendation issued this week to replace Houston ISD’s school board, reserving judgment until more details are known about a Texas Education Agency investigation into allegations of misconduct by multiple trustees.

One day after the state’s recommendation became public via media reports, area officials grappled with questions about the investigation while reinforcing their beliefs about the appropriateness of dramatic intervention in Texas’ largest school district. The recommendation is contained in a Texas Education Agency investigative report that circulated only among HISD officials and state lawmakers until Thursday evening, when the full document became public through a federal court filing.

The report documents multiple instances of alleged wrongdoing by trustees, varying in severity. The most serious findings include five trustees violating the Texas Open Meetings Act, multiple board members interfering in district operations and Board President Diana Dávila conspiring to steer a custodial contract to a preferred vendor. HISD officials have until Aug. 15 to formally respond to the allegations, after which Texas Education Commissioner Mike Morath will decide whether to implement the recommendation made by his staff.

“In order to make an informed opinion, I need to really sink my teeth in the report,” said state Sen. Carol Alvarado, D-Houston. “I will do that over the next couple days and look to see what HISD’s response is.”

HISD trustees and community members offered few comments about the investigation Thursday during a regularly-scheduled meeting, which passed with only fleeting references to the report. Dávila, who has denied the multiple allegations levied against her in the state’s report, issued a call for retaining local control over the school district.

“The citizens of Houston should not be punished by taking away their democratic right to be able to elect, or un-elect, those that they feel do not support what’s in the best interest of students,” Dávila said.

Several other trustees have declined to comment on the report or not responded to requests for comment. As she left Thursday’s meeting, HISD Trustee Elizabeth Santos said she is “waiting for due process” before commenting on allegations that she violated open meetings laws.

See here for the background. The report is here, published via the Chron, and since I haven’t read it yet I’ll not have anything further to say just yet. I will note I haven’t seen much posting about it on Facebook, though I can’t say I’ve been comprehensive. Maybe HISD will have a good response to it, I don’t know. For now, I’d say a lot of people are processing. Campos and the Press have more.

Today is Runoff Day in HD145

From the Inbox:

Tuesday, March 5, 2019, is Election Day for voters in Texas State Representative District 145. There will be 27 Voting Locations open from 7 am to 7 pm. Voters may visit the County Clerk’s election page, www.harrisvotes.com for more information.

“Only individuals who are registered to vote in SRD 145 may vote in this election,” said Harris County Clerk Diane Trautman, the Chief Election Official of the county.

At the end of the Early Voting period, only 1,417 votes had been cast in the election. This election will determine who will be the next Texas State Representative for District 145.

“While Harris County is seeking approval to implement a Countywide Polling Place Program, voters should remember that currently on Election Day, they must cast a ballot at the polling location where their precinct is assigned,” stated Dr. Trautman.

State Representative District 145 registered voters can find their sample ballot, as well as their Election Day location, by visiting www.HarrisVotes.com or by calling the Harris County Clerk’s office at 713.755.6965.

The list of polling places is here. You can vote in the runoff whether or not you voted in the original special election, you just have to be registered in HD145. Not many people have voted so far, so your vote counts for a lot. I voted for Melissa Noriega, and I encourage you to vote for her as well.

Meanwhile, early voting in the HD125 runoff is underway.

After a special election with four Democratic candidates and one Republican, the runoff has turned into a classic face-off between one candidate from each party. Former District 6 City Councilman Ray Lopez, a Democrat, narrowly won a spot in the runoff election last month with 19.5 percent of the vote, while businessman and Republican Fred Rangel easily led the pack with 38 percent.

Lopez said he doesn’t consider the previous margin to be indicative of how the runoff will shake out because the district is made up of mostly Democratic voters.

“Crystallizing the message for all Democrats to get behind is important, and I believe we’re doing that,” he said. “All my co-candidates [from the previous election] have endorsed me and supported me. They all realize party unity is important. We don’t want to lose a predominantly Democratic area to a Republican.”

Both candidates have acknowledged school finance reform is paramount in their district, as it is in the Legislature, but differ on secondary priorities. Lopez has championed veteran services and job creation, while Rangel said he wants to see property tax relief and lists his anti-abortion stance as a priority on his campaign’s Facebook page. But most of Rangel’s efforts currently focus on telling people an election is happening, he said.

[…]

Early voting for the runoff is Monday through Friday. The lack of weekend early voting is typical for this type of election, Bexar County Elections Administrator Jacque Callanen said. There are seven early voting sites, and there will be 31 poll sites on election day, which is March 12. Callanen also reiterated that all of the 101,000 registered voters in the district are eligible to vote in this election.

“There’s always confusion when we have a runoff, where some people still think you must have voted in the first election to be able to vote in the runoff,” she said. “That’s not true. If you’re a registered voter in that area, you’re eligible to come to the polls.”

Voters can go to any poll site during early voting but must go to their precinct on election day. Check here for locations. If you’re unsure in which House district you live, you can search by address or ZIP code here. Bring a Texas driver’s license, a U.S. passport, or one of five other valid forms of ID.

Polls will be open from 8 a.m. to 6 p.m. Monday through Wednesday and 8 a.m. to 8 p.m. Thursday and Friday.

Get this one done, Bexar Dems. We don’t need any more accidents.

Final EV totals in HD145

A bit less than Round One so far.

Sen. Carol Alvarado

Early voting in the House District 145 special election runoff ended Friday with a spike in turnout, though only a small fraction of registered voters have cast ballots so far in the election.

A total of 1,417 votes were cast in person and by mail through five days of early voting, not far from the 1,526 votes cast through the first round’s 11-day early voting period.

About 73,000 registered voters live in the district.

[…]

In the first round of the special election, 1,879 voters turned out on Election Day, Jan. 29. Overall, 3,499 people voted in the first round, amounting to about 4.8 percent of registered voters.

Here’s the final EV report. Friday was easily the busiest day, which is usually how this goes. If you look at the official report from January, you see that there were actually 1,609 early ballots cast. The difference between this figure and the 1,526 the Chron reported is the mail ballots that arrived between the final Friday of early in person voting and the Tuesday Election Day. There are still 188 mail ballots outstanding – there were 120 not yet returned in January – so there’s room for more growth. Tuesday’s turnout will need to be a little higher than it was in Round One in order for the runoff to exceed the first election. It will be close.

HD145 runoff set for March 5

We have a date.

Sen. Carol Alvarado

The special election runoff for House District 145 will take place March 5, Gov. Greg Abbott announced Tuesday.

The contest will determine the successor to former state Rep. Carol Alvarado, who won a state Senate special election in December.

Last month, Democrats Christina Morales and Melissa Noriega came out on top in an eight-person field for HD-145, getting 36 percent and 31 percent of the vote, respectively. Morales is the president and CEO of her family’s funeral home in Houston’s East End, while Noriega is a former city council member. She temporarily represented HD-145 in 2005 while Rick Noriega, the incumbent and her husband at the time, served overseas in the military.

Here’s the proclamation. I had guessed that the runoff would be on Saturday the 2nd – close, but no cigar. Unfortunately, what that means is that early voting will only be on weekdays, running from Monday the 25th through Friday, March 1. EV info is not up yet on the County Clerk website, but I imagine it will be the same locations as for the first election, and the hours will be 7 to 7 each day. I also expect it will be busier this time around. Make a plan to vote, you won’t have that much time to do it.

Morales and Noriega in runoff for HD145

No surprises here.

Sen. Carol Alvarado

Democrats Christina Morales and Melissa Noriega appeared headed for a runoff in the special election Tuesday to fill state Sen. Carol Alvarado’s seat in the Texas House.

Early voting and absentee ballot totals showed Morales, a city planning commissioner and the CEO of an East End funeral home, leading Noriega by a few percentage points, though neither candidate was within striking distance of the 50 percent needed to avoid a runoff.

Republican Martha Fierro was a distant third among the eight candidates vying for the seat in Texas House District 145.

[…]

The district runs from the Heights through downtown, along Interstate 45, to parts of Pasadena and South Houston.

If Morales or Noriega do not break 50 percent Tuesday, it will be up to Gov. Greg Abbott to schedule a date for the runoff.

That was the early report from the Chron. The final tally had Morales with 35.78%, Noriega with 31.13%, Fierro at 25.20%, and no one else above three percent. Turnout, by the way, was 3,481 votes, or 4.77% of registered voters. Remember how I said that turnout in the SD06 special election had been 4.69%, which would be 3,430 votes in HD145? And when I said that turnout on Tuesday (which was 1,888) could very well exceed early turnout (which was 1,593)? Yeah.

The runoff, which I’m guessing will be in the first week of March, should be a more spirited affair, now that there’s more time to campaign. You heard it here first: Turnout in the runoff will exceed turnout in this election. It looks like this will be the only runoff as well, as Art Fierro looks headed for a clear win in HD79. Next up, the special election in HD125, for which early voting starts Monday. We’re getting closer to full strength in the Lege. Congratulations to Christina Morales and Melissa Noriega, and best of luck in overtime.

UPDATE: It’s official, Art Fierro wins without a runoff in HD79.

Early voting ends in HD145

Turnout ticked up considerably on Friday, which is an alternate headline for the one given to the Chron story.

Early voting to fill state Sen. Carol Alvarado’s former seat in the Texas House ended Friday with just 1,528 ballots recorded, setting up what could be one of Texas’ lowest-attended special elections of the last few decades.

Registered voters in House District 145 now have one more chance to weigh in on their next representative in the Legislature’s lower chamber: Election Day is Tuesday, with polls open from 7 a.m. to 7 p.m.

The early voting tally is about 2 percent of the registered voters in the district, which runs from the Heights through downtown, along Interstate 45, to parts of Pasadena and South Houston.

[…]

The lowest turnout in a Texas legislative special election since at least 1992 occurred in May 2016, when state Rep. Jarvis Johnson won the House seat vacated by Mayor Sylvester Turner, according to Texas Election Source publisher Jeff Blaylock. That election drew 1,841 voters.

See here for my previous update on HD145, as well as my explanation for why voting has been so slow. The comparison to the 2016 special election for HD139 isn’t really a good one, because that election was completely without consequence. It was for the last few months of now-Mayor Sylvester Turner’s unexpired term, during which the Lege was not in session and was not about to do anything. The real election in HD139 was the Democratic primary, which had already been won by Rep. Johnson. All the special did was give him a leg up in seniority over his fellow members of the legislative class of 2016. There was no campaign for this, and he had one token opponent.

A better comparison would be to the March 31, 2015 special election in HD124. Like this one, that was to fill a legislative vacancy following a special election to fill a vacancy in the State Senate. Those voters had an even better claim to fatigue, as the SD26 special election had gone to a runoff, so this was their third post-November campaign. A mere 1,961 people voted in that election, which was 2.25% turnout of the 88,006 registered voters.

The 1,528 voters so far in HD145 represent 2.15% turnout of the 71,229 registered voters (that figure is as of last November). HD145 will easily surpass HD124 in turnout as a percentage of registered voters, as it has already surpassed it in total voters. As I suggested in my earlier post, the turnout in the SD06 special election was 4.69%, and 4.69% turnout in HD145 would be 3,340 voters. We’re a bit short of halfway there now, but it’s certainly doable on Tuesday.

Oh, and I mentioned that the 2015 HD124 election also had a runoff. Turnout in the HD124 runoff was 2,439 voters, or 2.77% of registrations, in an election that was exactly three weeks later. We saw the same pattern in the runoff for SD06 in 2013 and the runoff for City Council District H in 2009, both of which had higher turnout than the original elections. The runoff in HD145, I boldly predict right now, will have higher turnout than this election has.

Slow going so far in HD145 special election

Still a week of early voting to go, but so far just a handful of ballots have been cast.

Voters in Texas’ 145th House District are trickling to the polls for the first week of early voting in a sluggish special election to replace state Sen. Carol Alvarado in the lower chamber.

Four days in, a mere 359 voters have cast ballots in person or by mail, amounting to less than one percent of the district’s registered voters. Polls will remain open each day through Sunday, close Monday for Martin Luther King Jr. Day, and reopen Tuesday through Jan. 25.

[…]

The low turnout is typical for special elections, such as last month’s Senate District 6 special election won by Alvarado, D-Houston. Less than 5 percent of registered voters turned out, some of whom are being asked to return to the polls once again.

In that race, Fierro received 23 percent of the vote, bringing her close to a second-place finish but far behind Alvarado’s 50 percent showing.

Even on uniform election dates, turnout tends to run low in District 145, which runs from the Heights through downtown to parts of Pasadena and South Houston. During the 2016 midterms, about 33,500 of the district’s 71,000 registered voters cast ballots, the sixth-lowest vote total of Harris County’s 24 state House districts.

Only Morales and Noriega appear to be raising and spending significant funds on the race, according to campaign finance reports filed this week.

Through Dec. 31, Morales had raised about $20,000, lent herself $5,000 and spent $4,000. She headed into the final month of the race with about $23,000 cash on hand, her finance report showed.

Noriega maintained a similar campaign balance — $22,600 — on Dec. 31, much of which came from $21,750 in personal loans. She reported raising about $5,200 and spent $2,100.

The recent special election in SD06 had 4.69% turnout. If you project that for HD145, you would end up with 3,341 voters in HD145. We’re not exactly on track for that now, but there’s still time.

And time is the single biggest factor in play here. We knew for months there was going to be a special election in SD06 – we knew it since March, when now-Rep. Sylvia Garcia won the Democratic primary for CD29. Now-Sen. Carol Alvarado and Rep. Ana Hernandez announced their candidacies shortly after, and were campaigning all along. We only knew for sure there would be an election in HD145 after Alvarado won that race in December, and only Christina Morales announced her interest in the race in advance of the filing period. Filing ended just eleven days before early voting started. People just haven’t had much time to realize that there’s another election happening, and the candidates have had even less time to tell them.

Another factor is the lack of mail ballots. Of those 359 total votes through Thursday, only two – yes, two – were mail ballots. Only 169 ballots had been mailed out to voters as of Thursday. There were 6,706 votes cast by mail in the SD06 election, nearly 44% of the total turnout. There were 2,405 mail ballots cast in HD145 in the November election, which is only seven percent of the total votes from that election. That’s actually almost the same percentage of mail ballots as there were in SD06 in 2016, so the difference is not how many mail voters there are, it’s how many of them requested and returned ballots for the special election. I have to assume that’s a function of campaigns, and that’s a tall order when your campaigns have so little time. It’s also a factor of money, which most of these campaigns don’t have, but Alvarado and Hernandez did going into their race.

So yes, the turnout is going to be tiny, and that makes the outcome more random than it would be in a different context. The runoff will involve more time – they’re about five weeks after the first round special election – and more money as the donor class has a clearer idea of who they might want to support. That leads to higher turnout in those races. For now, we’re up to 492 total votes cast as of Friday, five of which came via mail. We’ll see where we are in a week.

Early voting begins Monday for HD145 special election

From the inbox:

First week Early Voting hours for the January 29, 2019 Special Election To Fill A Vacancy For State Representative District 145 will now be extended from 7:00 a.m. to 7:00 p.m.  Extended voting hours will now give voters an extra 18 hours to make it to the polls.

“One of my goals upon taking office is making voting easier for Houstonians and expanding Early Voting hours is just one way to do that,” stated Harris County Clerk Dr. Diane Trautman.

The Early Voting locations and schedule are as follows:

Harris County, TX Early Voting Schedule and Locations

January 29, 2019 Special Election To Fill A Vacancy For SRD 145

Location Address City Zip
County Attorney Conference Center 1019 Congress Avenue Houston 77002
Moody Park Community Center 3725 Fulton Street Houston 77009
Ripley House Neighborhood Center 4410 Navigation Boulevard Houston 77011
HCCS Southeast College 6960 Rustic Street, Parking Garage Houston 77087
Harris County Scarsdale Annex 10851 Scarsdale Boulevard Houston 77089
Hours of Operation
Day(s) Date Time
Monday to Saturday Jan 14 – 19 7am – 7 pm
Sunday Jan 20 1 pm – 6 pm
*Monday Jan 21 CLOSED for MLK Day
Tuesday to Friday Jan 22 – 25 7 am – 7 pm

“Extended hours match the needs of the hard working Houstonians hoping to cast a ballot during the first week of Early Voting,” added Dr. Trautman.

State Representative District 145 registered voters can find their sample ballot as well as their nearest Early Voting location by visiting www.HarrisVotes.com or by calling the Harris County Clerk’s office at 713.755.6965.

The schedule and map can be found here. I’m voting for Melissa Noriega, and given that I don’t work anywhere near the early voting locations, those extended hours for week one – which ought to be the norm going forward – will be nice and convenient for me. Early voting for HD79 will start on the same day, but I don’t get those press releases. Get out there and vote if you’re in the district, y’all.

Eight file for HD145

It’s a big field.

Sen. Carol Alvarado

Eight candidates filed by Thursday’s 5 p.m. deadline for the Jan. 29 special election to fill the Texas House seat vacated by Sen. Carol Alvarado, D-Houston. Early voting begins Jan. 14, a little more than a month after Alvarado won an open spot in the upper chamber.

The field consists of six Democrats — Elias De La Garza, Oscar Del Toro, Ruben Gonsalez, Christina Morales, Alfred Moreno and Melissa Noriega — Libertarian Clayton Hunt and Republican Martha Fierro, the third-place finisher in last month’s race for Senate District 6, which overlaps with part of Alvarado’s old House district.

[…]

Morales, the president and CEO of an East End funeral home, announced her candidacy the day after Alvarado’s win.

“I definitely feel like I’m well connected to the constituents of District 145. I know them intimately, especially through my business,” she said. “We hear their stories daily. We help them through their darkest hour.”

Morales has assembled a campaign team made up of Alvarado’s staffers, including consultant Jaime Mercado, lead strategist Marc Campos and campaign manager Linh Nguyen.

“I wanted a team that knew the district the way I know the district and would be capable of delivering my messages,” she said.

Noriega previously held the House District 145 seat when her then-husband, Rick Noriega, was deployed to Afghanistan during the 2005 legislative session. The thought of running entered her mind in 2017, when former U.S. Rep. Gene Green announced he would retire, setting off a chain reaction that ultimately left the seat open.

Part of Noriega’s pitch, she said, is that the special election winner will be sworn in amid a session that spans just 140 days — and she would be able to assimilate quickly because of her experience, she said.

“There are still people there that I know from before,” she said, mentioning presumptive House Speaker Dennis Bonnen, an Angleton Republican.

Noriega has also served as an at-large member of Houston City Council and worked for Houston ISD, while keeping an eye on the Legislature from afar.

“Last session, there was a lot of time spent on things that probably don’t benefit Texas,” she said. “There’s an opportunity to work with people and be collegial in a way that’s productive. That I think is still there.”

I’m going to say two things up front. One is that I’m not going to have time to do interviews before early voting starts. In the likely event of a runoff, I will see about doing interviews with the two finalists. And two, as someone who lives in HD145, I’m voting for Melissa Noriega. She’s a dear friend, she’s been there before, she was an excellent member of City Council, I trust her completely. I see no point in being coy about that.

I fully expect this race to be very low turnout – candidates may have been thinking about running for weeks, but no one has been campaigning before now, and early voting starts in just over a week. Turnout will be higher in the runoff, as there will be more time for the campaigns to develop and focus voters’ attention. It’ll still be low, but it will be higher than the January election. This is one of those times where endorsements will make a difference, as they will serve as one of the few things people will be able to hear about the candidates before they have to vote. For those of you in HD145, which needless to say includes a lot of people who just went through the SD06 special election, it’s time to get ready to vote again. The Trib, which also has the lineup for the HD79 special election, has more.

HD145 and HD79 special elections set

Another sprint.

Sen. Carol Alvarado

Gov. Greg Abbott on Friday set a Jan. 29 special election to fill state Sen. Carol Alvarado’s seat in the Texas House, hours after she was sworn in to the upper chamber.

Alvarado, D-Houston, won a special election Dec. 11 to fill the Texas Senate seat vacated by U.S. Rep.-elect Sylvia Garcia, who was elected in November to replace U.S. Rep. Gene Green, D-Houston. Green, who first was elected to the House from the newly-created District 29 in 1992, announced he would not run for reelection last November.

Candidates have until 5 p.m. Jan. 3 to file for the election, while early voting starts Jan. 14.

[…]

Christina Morales, the president and CEO of Morales Funeral Home in Houston’s East End, announced on Facebook earlier this month that she would seek the seat. Martha Fierro, a Republican who finished third in the race for Garcia’s Senate seat, announced on Twitter the next day that she intended to run for the seat.

Alvarado had held the seat since 2009, winning an open race after incumbent state Rep. Rick Noriega ran unsuccessfully for U.S. Senate.

The district voted 67 percent to 29 percent in favor of Hillary Clinton over Donald Trump in 2016.

Melissa Noriega, Rick Noriega’s wife, has said she is considering a run for the seat. She previously served on Houston City Council and held the District 145 seat in 2005 while her husband served in Afghanistan.

See here for the background. Alvarado was sworn in yesterday, making her resignation official. I’m glad to see this get on the calendar. If there is a runoff, HD145 (which is my district) should have representation again by mid-to-late March or so.

As I expected, the special election for HD79 to succeed Rep. Joe Pickett was set for the same day. There are candidates lining up for that seat as well.

Two candidates have emerged in the race to replace state Rep. Joe Pickett, who will step down from his post on Jan. 4: Art Fierro, chairman of the El Paso Community College board, and Dr. Michiel Noe, who is finishing his last term as a city representative.

Pickett, who is the longest serving El Paso lawmaker at the statehouse, surprised many of his colleagues over the weekend when he announced that he will step down from his position on Jan. 4 to deal with health issues stemming from a 2016 cancer diagnosis.

Gov. Greg Abbott has 20 days from Pickett’s announcement to call for a special election.

“I am going to throw my hat in the ring,” Fierro said in an interview Tuesday morning. “I will be a great representative and a partner to our delegation in their efforts to continue to improve our community and let the rest of Texas see how wonderful El Paso is.”

Noe, who works as an OB-GYN, announced his intentions to run for the seat on Tuesday night.

“Joe Pickett is a friend of mine and I’ve always been an admirer of his,” he said in an interview. “When he broke the news that he would have to resign, it was kind of heartbreaking, but it left a spot open that would be empty. and with the background that I have, I will hopefully just transition into representing the district.”

Noe has served as a city representative for eight years, with his final term set to end in January, when incoming representative Isabel Salcido is sworn-in.

I figure it’s more likely than not that both races will wind up with more candidates than the ones named in these stories. They’re not wasting any time in HD79. I expect things to move quickly as well here in Houston. Ready or not, it’s soon going to be time for some of us to vote again.

Rep. Joe Pickett to resign

We will now need two special House elections to get to full membership.

Rep. Joe Pickett

State Rep. Joe Pickett of El Paso will leave his post effective Jan. 4.

Pickett, a Democrat, made the announcement Saturday morning that he will step down after having served in the Texas House since 1995. He said in a statement that he learned he had cancer just before the start of the 2017 legislative session and has since sought treatment for it.

“In the last few weeks, I have learned of additional issues I must address,” Pickett said in a statement. “I could probably continue at a reduced work level while undergoing treatment, but I have been there and done that. I need to completely heal this time. I am told I am physically strong enough to hopefully make my recovery quicker than most. My body and mind need a break.”

Pickett didn’t face any general election opponents this year, winning re-election in November with 100 percent of the vote. He noted in his statement that he would return recent campaign contributions in light of his upcoming departure from the Legislature.

During the 2017 legislative session, Pickett held the 11th highest seniority in the Texas House and served as chair of the Environmental Regulation Committee. He previously chaired other House committees during his tenure including the Transportation, Defense and Veterans Affairs, and Homeland Security and Public Safety Committees.

Rep. Pickett was definitely one of the more powerful members of the House thanks to his seniority. He will be missed as Democrats try to exert more influence with their largest caucus since 2009. I wish him all the best with his treatment and recovery.

We should expect Sen.-elect Carol Alvarado to submit her resignation this week, once the election results in SD06 are certified. My guess is that Greg Abbott will schedule both elections for the same day, probably in mid to late January. Assuming the need for runoffs, the new members in HDs 79 and 145 will be seated by early March or so. For the record, since I know you’re wondering, Hillary Clinton won HD79 68.0% to 26.5%, and won by 66.8% to 28.7% in HD145. Wendy Davis carried HD79 by 58.5% to 39.3%, and HD145 by 57.2% to 40.8%. I can imagine a Republican making it to a runoff in those districts, but winning would be very unlikely. And before anyone mentions SD19, Hillary Clinton carried it 53.4% to 41.9%, while Wendy Davis actually lost it, 49.1% to 49.0%. These districts are much bluer than SD19. (Beto won HD145 by a 70.9% to 28.3% clip; I don’t have the data for El Paso.)