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Is there any chance the GLO won’t screw Houston this time around?

I mean, maybe. Things can happen. I just wouldn’t count on it.

Mayor Sylvester Turner on Wednesday commended the U.S. Department of Housing and Urban Development for ordering Texas to fix a Hurricane Harvey recovery plan that the federal agency concluded “disproportionately harmed Black and Hispanic residents.”

HUD told the state’s General Land Office in the letter, dated Monday, it had 10 calendar days to become compliant by coming to a resolution. The federal department had found GLO discriminated against minority residents when it denied flood mitigation aid last May to the areas hardest hit by Hurricane Harvey.

To date, Houston has not received any funds, Turner said, “despite the city and the county incurring 50 percent of the damages from Harvey.”

“This is a step in the right direction. I appreciate HUD for ordering the GLO to bring its Hurricane Harvey Recovery Plan into compliance within ten days, or HUD will refer the matter to the U.S. Department of Justice,” Turner said in a statement. “This is about equity and fairness. It is time for the GLO to allocate a fair (or proportional) share of the federal funds to allow our communities to have adequate climate change mitigation and resilience resources. I urge the GLO to do the right thing for our most vulnerable communities.”

See here for the background. I use the embedded GIF in these posts as a reminder to everyone, including Chron editorial writers, that what the GLO has been doing isn’t “bungling”, it isn’t “a mistake”, it isn’t a matter of the GLO “getting its act together”. It’s all been a deliberate choice by the GLO, which knows what it’s doing and why it’s doing it. The solution to that isn’t trying to get them to see the error of their ways, it’s to take the job away from them because they don’t have any interest in doing it correctly.

Along those lines, this is the right attitude to adopt.

“We intended for the people who were suffering to get the money. But if you decide that you’re going to take it from the poor and the people of color and send it to areas where you don’t have a lot of people of color, then I think there’s reason for HUD to continue with this and I think HUD will,” said [US Rep. Al] Green. “That money was not sent to Texas so that it could be distributed to people who were not impacted by the hurricane.”

[…]

Green says he has talked to the General Land Office. And he’s held hearings where GLO representatives testified.

The Democrat says problems arise after the federal government sends money to the states, because once distributed, the states ultimately decide how it’s spent. And he says Texas has had problems in the past with diverting federal funds away from the intended purpose.

“And this is not just peculiar to this circumstance. It’s happened with money that was for education, not spent as we assumed it would be,” he said.

Green says lawmakers and HUD are waiting to see specific guidelines for the next round of funding distribution. He says it is possible for HUD to step in and take action against the state.

Meantime, the Houston Democrat says he’s looking into ways to “overhaul” the system. And he says lawmakers will consider adding a “clawback provision” to any future legislation.

“If a state declines to adhere to the intentionality of Congress, we can claw that back, claw the funds back and hold onto those funds. We should not allow states to receive funds and then disregard what Congress intended,” Green said.

That’s at least providing the proper incentives. We’ll see what happens next.

The editorial notes that bypassing the GLO and allocating the federal funds directly to the affected localities is an option and that the city is prepared for it, but that the city’s past track record with distributing Harvey funds isn’t good, either. That was the GLO’s rationale for stepping in as the middleman, though the city claims it was existing GLO bureaucracy that caused their problems in the first place. Be that as it may, I’d rather take my chances with the city than the GLO because at least I know the city will try to do right by Harvey victims. I can’t say that for the GLO, not as it is currently governed. Give me a different Land Commissioner and then we can talk, though really it would be nice to have made more progress by then. The bottom line is, George P. Bush cannot be trusted with this. Once that is accepted as the reality, we can figure out what the best way forward is.

House committee passes Ike Dike bill

Another step forward.

A House committee on Wednesday approved legislation that gives the go-ahead to the so-called Ike Dike project, a massive $31 billion proposal that includes building giant gates across the mouth of Galveston Bay with the goal of stopping hurricane storm surge.

The House Committee on Transportation and Infrastructure voted to move the Water Resources Development Act of 2022 toward the full House for a floor vote. This follows a vote two weeks ago by a similar committee in the Senate, which also included language in its bill approving the project.

Getting the sign-off from key committees in both chambers of Congress marks a significant step forward for a plan that has been spiritedly debated since Hurricane Ike hit with devastating force in 2008. Both bills must be approved by their respective bodies, then merged for a final bicameral vote.

“The Water Resources Development Act is our legislative commitment to investing in and protecting our communities from flooding events, restoring our environment and ecosystems and keeping our nation’s competitiveness by supporting our ports and harbors,” said U.S. Rep. Grace Napolitano, D-California, chair of the Subcommittee on Water Resources and Environment.

Her comments prior to the vote addressed the big picture: “Through the biannual enactment of WRDA, this committee has addressed local, regional, national needs through the authorization of the new US Army Corps of Engineers projects, studies and policies that benefit every corner of the nation.”

The Coastal Texas Protection and Restoration Feasibility Study, as the federal version of the Ike Dike plan is formally known, is the largest engineering recommendation of its kind that the U.S. Army Corps of Engineers has ever proposed. It was one of 16 finalized projects included in the House bill.

See here for the background. I still need to see it pass a cloture vote and not get doomed to procedural hell by the likes of Rand Paul, but for now it is moving forward. For now.

Treasury Department opens investigation into Abbott’s use of federal funds for border mission

Good, though I have a hard time believing there will be any real consequences.

Gov. Greg Abbott’s use of COVID-19 relief dollars to support his border security mission has come under scrutiny in Washington this week as questions grow about whether it’s the proper use of the federal funds.

The U.S. Treasury Department’s inspector general opened an inquiry into the spending on Tuesday, the Washington Post reported. The action came a day after a group of Texas Democrats in the U.S. House called on U.S. Treasury Secretary Janet Yellen to investigate.

Those steps followed a Post analysis of money intended to combat the effects of the pandemic, showing that Texas “leaders rerouted public health and safety funds to their border operations, while relying on federal pandemic funds to replace some of the money.”

Those border operations included Operation Lone Star, a state border security program that Abbott launched in March 2021 to deal with increased border crossings. The initiative involves the deployment of the Texas Department of Public Safety and the Texas Military Department to the border. Abbott has used state resources to patrol the border, build border barriers and arrest migrants for trespassing on private land and then turn them over to immigration authorities.

The state has spent around $4 billion on the operations; the Post has reported that around $1 billion in coronavirus aid was used.

The money came from the Coronavirus Aid, Relief and Economic Security Act, better known as the CARES Act, which had a key provision to support the medical response to the pandemic.

“In exercise of that responsibility … we are currently conducting a review of Texas’s uses of [Coronavirus Relief Fund] monies,” Richard K. Delmar, the U.S. Treasury Department’s deputy inspector general, said to the Washington Post.

[…]

Texas Democratic U.S. Reps. Joaquin Castro of San Antonio and Veronica Escobar of El Paso spearheaded the letter to Yellen asking for her department to investigate the matter.

“It is negligent and irresponsible for Governor [Abbott] to direct additional funding to Operation Lone Star, especially if the funding in question was intended to help Texans rebuild from the pandemic,” the Texas Democrats wrote.

U.S. Reps. Colin Allred of Dallas, Lloyd Doggett of Austin, Marc Veasey of Fort Worth and Sylvia R. Garcia, Al Green, Lizzie Pannill Fletcher and Sheila Jackson Lee of Houston joined in signing the letter.

“As you continue your oversight of the Coronavirus State Fiscal Recovery Funds, we urge you to ensure all states are using these crucial funds for the reasons they were meant to be used,” they continued. “Governor Abbott must not be allowed to use federal coronavirus relief funds to further his political theater at the expense of Texas families.”

I’m happy for this, but let’s be clear that there are no circumstances under which Greg Abbott will be chastened by the outcome of the investigation, and no circumstances under which he will admit to any wrongdoing or make any changes in his behavior, except for the worse. Voting him out is still the only real hope at this point. Daily Kos has more.

Endorsement watch: Still in reruns

The Chron re-endorses Duncan Klussman in the CD38 runoff.

Duncan Klussman

Last fall, Texas Republicans drew a new congressional district in western Harris County. This red-red-red seat was designed to specifically advantage Wesley Hunt, an Iraq war veteran who came within four points of beating U.S. Rep. Lizzie Fletcher in another district in 2020.

The new district — the 38th — encompasses affluent parts of Houston such as River Oaks and stretches into conservative areas such as Tomball and Cypress. Hunt, who won the Republican primary, will be tough to beat. He’s been endorsed by both Sen. Ted Cruz and U.S. House Minority Leader Kevin McCarthy and has a formidable campaign war chest, with $1.8 million on hand as of March 31.

It will take a Democratic candidate with public service experience and a willingness to work across the aisle to make this race competitive. Of the two candidates in the primary runoff, we believe Democrats stand the best chance in November with Duncan Klussmann, a former Spring Branch ISD superintendent.

Diana Martinez Alexander, 48, a Houston ISD teacher and local activist, impressed us, and we admired her command of the issues facing the next Congress. She has fought hard to advance crucial issues near to the hearts of Democratic primary voters, such as voting rights, while also talking up local concerns such as flood mitigation and protecting Texas’ energy grid.

Okay, CD38 is not “red-red-red”. It went 58-40 for Trump in 2020, after having gone 72-27 for Mitt Romney in 2012. To be sure, it’s more red downballot, in the 62-35 range for most of those races, and I’d call that pretty red. I’m not disputing that it was drawn to elect a Republican, I just like a wee bit more precision in my quantitative analyses.

Anyway. My interview with Duncan Klussman is here, and my interview with Diana Martinez Alexander is here. One of these days I’d like to get a full oral history of the candidacy of Centrell Reed. I’ve seen a lot of strange things in this world over the past 20 years, and that whole thing was a new one on me.

Meanwhile, the Chron also re-endorsed Staci Childs for SBOE4.

Staci Childs

The Texas State Board of Education has a lot of power but perhaps not as much as some voters might think. Taxes? Budget decisions? As we wrote back in February: save it for another race. One of the important roles the state board does have, however, is shaping curriculum by setting standards and approving instructional materials. Curriculum has long inspired heated debate here in Texas but it’s especially relevant now in the era of anti-Critical Race Theory hysteria.

That’s why we’re thankful to see two educators in the SBOE District 4 Democratic runoff, including our pick Staci Childs.

Childs is a former teacher from Georgia turned lawyer who kept her foot in the education world through her nonprofit Girl Talk University. As a candidate for SBOE, her focus is on making the Texas Essential Knowledge and Skills standards more flexible so teachers have more ability to address specific knowledge gaps for individual students while still helping them get on grade level and move on. Sometimes, she said, students fail to remain at grade level only because they didn’t catch on to a small part of the curriculum. The standards, she told us, should be flexible enough to allow them to get some special attention in those areas, so they can catch up without having to start from ground zero.

“I don’t want to say remedial, because that has a negative connotation,” Childs told us in February. “But we need a serious plan to address the TEKS, since … they do not address these learning gaps.”

My interview with Staci Childs is here and with Coretta Mallet-Fontenot is here. Meanwhile, they picked some dude in the GOP runoff for CD07 (now a 64-34 Biden district, but not called “blue-blue-blue”) and declined to pick either of the yahoos in the GOP runoff for CD29 (68-31 Biden, also not “blue-blue-blue”). Why they chose to spend time on that and not on the ignored judicial races, I couldn’t tell you. Whether they will complete their set of reruns in time for Monday’s start of early voting, I couldn’t tell you either.

It’s city of Houston budget time again

That federal COVID relief money continues to be very nice.

Mayor Sylvester Turner

Once again relying on federal money, Mayor Sylvester Turner’s proposed $5.7 billion budget for next year would pay for raises for all city employees, offer tax relief to seniors and disabled residents, and sock away the largest reserves in years for savings, according to an outline Turner shared Tuesday at City Hall.

The city often faces nine-figure budget deficits, forcing it to sell off land and defer costs to close gaps. For the third consecutive year, though, the city will rely on hundreds of millions of dollars in federal COVID-19 relief money to avoid a budget hole and free up other revenue for the mayor’s priorities.

The city is set to receive more than $300 million this year from the most recent stimulus package approved by Congress, and Turner has proposed using $160 million in the budget. The city has received more than $1 billion in such assistance over the last three years.

City Council is expected to propose amendments and vote to adopt the spending plan next month. The budget will take effect on July 1, the start of the next fiscal year.

With about $311 million in reserves, Turner is establishing the healthiest fund balance the city has seen in decades, which he called necessary given the uncertainty of rising inflation, the continuing COVID-19 pandemic and the Russian invasion of Ukraine.

The city budgeted $205 million in reserves last year, the first time it exceeded $200 million in reserves since 2009. The city’s financial policy calls for an unassigned reserve worth 7.5 percent of the general fund; this year’s amount is nearly double that, 13.5 percent.

That money also will help the next mayor and council confront budgets when the federal assistance runs dry and the city must fend for itself, Turner said. The relief funds must be obligated by 2024 and spent by 2026.

“I think what we all recognize is that some of the major cost-drivers will be driving this budget for the next several years… I don’t want to put future mayors and council members in a worse position,” Turner said. “As the city weans itself eventually off the (federal) funds, you’re going to be back with the fund balance.”

You can see a list of things in the proposed budget herer. HPD, HFD, Solid Waste, and Parks and Rec all get increases. We’ll see how spicy the amendments process is.

Federal funding for the Ike Dike

This would be a big step forward.

Congressional members this week are moving one step closer to authorizing a massive, $31-billion-dollar system to block storm surge along Galveston Island and Bolivar Peninsula and at the mouth of Galveston Bay.

A proposed draft of the Water Resources Development Act of 2022 released Friday suggests the U.S. should carry out the Coastal Texas Protection and Restoration Feasibility Study, informally known as the “Ike Dike.”

If approved, the federal government would pick up $19.2 billion of the cost of the multifaceted project that would mean building dunes, flood walls and giant gates to try to protect the most populous stretch of the Texas Gulf Coast.

Texas legislators already created a local government district that is able to impose taxes to help pay for the non-federal share of the cost, which is $11.7 billion.

The U.S. Senate Committee on Environment and Public Works will review the text of the draft bill on Wednesday. Legislation for these types of projects is written at regular intervals so that work by the U.S. Army Corps of Engineers can get off the ground.

The U.S. House of Representatives version of the bill hasn’t been released. Both measures will need approval from their congressional chambers. Then they will be combined into one bill and put up for a final vote.

There are eight million ways for a bill to die in the Senate, so it’s best to think of this as vaporware up until it’s actually on President Biden’s desk. The reporting on this makes it sound routine, and maybe it would be in less stupid times than these, but we’re not fooled. Let me know how the cloture vote goes, and then we can talk.

I’m just going to say this one thing about the pending evisceration of abortion rights

Chris Tomlinson gets at the issue but doesn’t take it all the way.

The Supreme Court’s apparent decision to allow state lawmakers to make women’s health care choices puts chief executives in a tough spot, forcing them to choose between their employees’ rights and right-wing backlash.

Disney’s recent experience defending LGBT rights against Florida Gov. Ron DeSantis’s demagoguery will sadly encourage cowardice.

Millions of Texans are waiting to hear how their employee health insurance will handle abortion coverage when the procedure becomes a first-degree felony punishable by life in prison.

Texas Republicans have made banning abortion their marquee issue for decades. In addition to prohibiting government health insurance from paying for abortions, the Legislature also banned state-regulated plans from covering them.

Employers of 60 percent of Americans with company-sponsored health insurance, though, use self-funded plans. These are exempt from state regulations, according to the Kaiser Family Foundation, a health care research organization. Only 14 percent of self-funded plans exclude some or all abortions.

Polling shows 59 percent of Americans think abortion should be legal under all or most circumstances, according to Pew Research.

After Gov. Greg Abbott allowed Texans to privately prosecute other Texans who seek an abortion after six weeks of pregnancy, many companies stepped up. Amazon, Citigroup, Salesforce, Apple, Bumble, Levi’s, GoDaddy, Match, and Hewlett Packard Enterprise, have all promised to help employees get abortions outside Texas.

“We are pro-woman. We will support a woman’s right to make health care decisions for herself, even if that means traveling out of state. It’s an investment that’s not just right, but good business too,” Curtis Sparrer, a principal at Houston-based PR firm Bospar told me in an email.

The company will pay for travel and other expenditures should a Bospar staff member need reproductive health care banned in any state where they live, Sparrer added.

“We want other companies and PR agencies to join the fight, especially since many are composed of women and are led by women. The rights of women are not just on the line,” he added. “As someone who credits his same-sex marriage to the legacy of Roe, I am imploring my colleagues and friends to end their silence and speak truth to power.”

Taking a stand on anything, though, is becoming more perilous for corporations and executives who would rather generate profits than controversy. Employees, especially younger workers, expect their company’s leadership to reflect their values.

“More than half of consumers will buy or advocate for brands based on their beliefs, while six in 10 employees will choose employers based on shared beliefs and values,” according to Edelman, a global PR firm. “A stunning 81 percent of respondents want CEOs to be front and center discussing public policy.”

The first thing to realize is that the forthcoming overturn of Roe and Casey is the beginning, not the end. Next up will be a nationwide ban on abortion, for which Senate Republicans are already writing a bill. Now that they will no longer have to pretend that this has anything to do with women’s health, rape and incest exceptions will go away, and it won’t be just doctors who are targeted for arrest and prison. I guarantee you, lowlife creeps like Briscoe Cain cannot wait to throw women in jail for anything that looks like an abortion. Lizelle Herrera was not an aberraion.

If you think I’m being alarmist, go find a copy of that draft opinion and read it for yourself. Note carefully the section in which Sam Alito claims that this opinion is only about abortion and not all of those other things that people like him despise and want to get rid of, like the previous SCOTUS decisions on same-sex marriage and contraception and “sodomy”. I will remind you that most if not all of the justices who have signed onto Alito’s opinion also swore under oath during their Senate confirmation hearings that they considered Roe to be “settled law” and that they respected precedent. There’s no reason at all to believe anything that a known liar says.

So get mad, get organized, and get everyone you know who has the same concerns as you to vote. Businesses are going to have to do more as well, if they actually do care about their employees. But it’s on us, to vote and to put pressure on the people we’ve voted for to act. The clock has struck midnight. What are we going to do about it?

April 2022 campaign finance reports: Congress

The primaries are over, and while we do still have some runoffs plus now a weird special election in CD34, we do have a smaller set of races and candidates to review. Given how many I had to cram into the previous posts, I’m sure you can feel my relief at that. The October 2021 reports are here, the July 2021 reports are here, the January 2022 reports are here, and you can get the links to the previous cycle’s reports from there.

Dan Crenshaw – CD02
Robin Fulford – CD02
Keith Self – CD03
Sandeep Srivastava – CD03
Mike McCaul – CD10
Linda Nuno – CD10
Ruben Ramirez – CD15
Michelle Vallejo – CD15
Monica de la Cruz – CD15
Chip Roy – CD21
Claudia Zapata – CD21
Ricardo Villarreal – CD21
Troy Nehls – CD22
Jamie Kaye Jordan – CD22
Tony Gonzales – CD23
John Lira – CD23
Beth Van Duyne – CD24
Derrik Gay – CD24
Jan McDowell – CD24
Henry Cuellar – CD28
Jessica Cisneros – CD28
Sandra Whitten – CD28
Cassandra Garcia – CD28
Jane Hope Hamilton – CD30
Jasmine Crockett – CD30
Vicente Gonzalez – CD34
Mayra Flores – CD34
Wesley Hunt – CD38
Duncan Klussman – CD38
Diana Martinez Alexander – CD38


Dist  Name             Raised      Spent    Loans    On Hand
============================================================
02    Crenshaw     12,249,172 10,844,572        0  3,257,314
02    Fulford          95,297     50,703   15,595     44,594
03    Self            235,044    225,791        0      9,253
03    Srivastava      100,619     96,231   55,000      4,388
10    McCaul        1,749,060  1,243,137        0    513,656
10    Nuno                  0          0        0          0
15    Ramirez         356,758    257,059   12,250     99,698
15    Vallejo         299,915    217,293  100,000     82,621
15    De la Cruz    2,313,272  1,957,129   13,000    363,649
21    Roy           1,454,476    830,885        0  1,087,173
21    Zapata           54,801     43,550        0     11,251
21    Villarreal       32,586     17,015   20,563     13,866
22    Nehls           670,482    322,270    5,726    367,417
22    Jordan                0          0        0          0
23    Gonzales      2,261,907    985,463        0  1,307,803
23    Lira            251,642    195,017        0     56,625
24    Van Duyne     2,035,203    731,839        0  1,371,774
24    Gay             208,661    165,886        0     42,774
24    McDowell         11,183      5,632        0      5,550
28    Cuellar       2,753,040  2,864,938        0  1,438,575
28    Cisneros      3,248,787  2,214,132        0  1,037,623
28    Whitten          58,037     57,036        0      9,142
28    Garcia          219,408    104,225        0    115,183
30    Hamilton        555,455    460,356   15,014     95,098
30    Crockett        502,506    384,575        0    117,931
34    Gonzalez      1,990,337  2,021,196        0  1,339,633
34    Flores          347,758    227,100        0    120,657
38    Hunt          3,385,520  1,743,508        0  1,865,954
38    Klussman        121,440     72,934    7,000     48,505
38    Alexander        33,812     30,882        0      2,930

I’ve taken out the people who are no longer running after the primaries, and I’ve removed some districts that aren’t particularly interesting for the general election; CD30 will be the next to go once that runoff is settled. Still a long list, but it will be shorter for Q3.

It’s weird to see the two nominees in CD03 having less than $10K on hand at this point in the cycle, but there are some extenuating circumstances. Keith Self was supposed to be in a runoff, one he just barely squeaked into, but then Rep. Van Taylor self-immolated, resetting everything in the race. I’m sure Self will post much bigger numbers for July. I would hope that Sandeep Srivastava is able to capitalize a bit as well – this district isn’t really competitive on paper, especially not in a tough year for Dems, but Collin County overall has been moving rapidly in a blue direction, and a good showing by Srivastava could put him in strong shape for 2024, which may be a much better year to run there. I’d love to see him at $250-300K raised in the Q3 report.

Also remarkable for his modest total is Rep. Troy Nehls, who really stands out in a “one of these things is not like the others” when compared to Reps. Chip Roy, Tony Gonzales, and Beth Van Duyne. I don’t know if this reflects a lack of interest in fundraising on his part, a lack of interest in him by the donor class, a lack of urgency given that his opponent hasn’t raised anything, or some combination. CD22 is another district that I expect to be competitive in a couple of cycles, so if Nehls proves to be a lackluster fundraiser that could be an issue down the line.

We’ve talked about the CD34 special election and the financial edge that the Republicans should have in it. The filing deadline for that was in April, so the candidates in that election, other than Mayra Flores who is the GOP candidate for November, is on this list. Flores also has less money than I would have thought, but as with Keith Self I expect that to grow between now and the next report. There will be some interim reports available before the election on June 14, I’ll check in on that in a few weeks.

Not much else to say at this time. Let me know what you think.

The New Orleans perspective on the Ike Dike

Of interest.

Kelly Burks-Copes braces herself against the wind and marches past the ruins of Fort San Jacinto, a strategic spot on a sandy, wave-battered point where Spain, France, the Republic of Texas, the Confederacy and the United States have all taken turns building coastal defenses to protect Galveston Bay.

Now it’s Burks-Copes’ turn. The U.S. Army Corps of Engineers project manager is leading an ambitious effort to build the “Ike Dike,” a $30 billion storm protection project that’s been in the works since its namesake hurricane roared through the bay almost 14 years ago. The project will dwarf the one built around New Orleans after Hurricane Katrina and perhaps even the immense coastal barriers in the Netherlands that inspired both Gulf Coast projects.

“If it’s not the largest surge barrier in the world, it’s certainly the world’s longest,” Burks-Copes said, pointing at the 2.5-mile-wide channel between the old fort site on Galveston Island and the Bolivar Peninsula.

By comparison, the Lake Borgne surge barrier between New Orleans East and St. Bernard Parish, once considered the world’s largest, is 1.8 miles long. Had the New Orleans system been built today, it’d cost about 70% as much as the Houston system.

“It’ll be like a 10-story building all the way across,” Burks-Copes said of the Galveston Bay surge barrier. “It’s something that you can barely imagine. But what do they say in Texas? ‘Go big or go home.’”

The project aims to harden 70 miles of coastline with artificial dunes, sea walls and vast steel gates, making the bay a veritable fortress that could be sealed when hurricanes threaten.

It’s ambitious and expensive, but it still may be woefully inadequate — just like New Orleans’ system.

Neither project is likely to hold up against the worst hurricanes. The New Orleans collection of levees and floodwalls is designed to withstand storm surges with a 1% chance of occurring in any given year, a so-called 100-year storm. The Ike Dike may not even meet that level of protection, the Corps admits.

Climate change is increasing the likelihood that 100-year storms and floods could occur every few years, with monster 500-year storms popping up every 50 to 100 years. The Houston area has seen no fewer than three such events, including Hurricane Harvey, between 2015 and 2018.

“Look, (the Ike Dike) needs to be built,” said Jim Blackburn, an environmental lawyer who teaches at Rice University in Houston. “But it needs to be built for the bigger storms to come. It will be way outdated once it’s constructed.”

See here and here for the most recent updates. I know we’re in for a long haul here, but I hadn’t thought of it before in the terms Blackburn expresses, that we’re going to have to keep going, and maybe even start over at the drawing board, when this thing is built. That’s more than a little daunting, and maybe a bit discouraging, but we can’t let up. Even an outdated Ike Dike is going to be better than no Ike Dike, and it will serve as the starting point for Ike Dike II: The Next Generation. What other choice do we have? Read the rest, there’s a lot more.

Where are the endorsements?

As you know, early voting has begun for the May 7 election, which includes two Constitutional amendments and the special election for HCC District 2. As of last night when I drafted this, I see no endorsements in any of these elections on the Chron’s opinion page. Are these elections not worth it to them, or have they just not gotten around to them yet? I sure hope it’s the latter, and that they will rectify that quickly. I don’t know what they’re waiting for.

Seventeen days after that election will be the primary runoffs. A quick check of the Erik Manning spreadsheet confirms for me that in all of the Democratic primary runoffs for which the Chron issued a March endorsement, their preferred candidate is still running. In ballot order:

CD38 – Duncan Klussman
Lt. Governor – Mike Collier
Attorney General – Joe Jaworski
Comptroller – Janet Dudding
Land Commissioner – Jay Kleberg
SBOE4 – Staci Childs
HD147 – Danielle Bess
185th Criminal Court – Judge Jason Luong
208th Criminal Court – Kim McTorry
Commissioners Court Precinct 4 – Lesley Briones

You may or may not agree with these, but those are who the Chron picked. They have no races to revisit among them. They do, however, have three more races to consider, which were among those they skipped in Round One:

312th Family Court – Judge Chip Wells vs Teresa Waldrop
County Civil Court at Law #4 – MK Singh vs Treasea Treviño
Justice of the Peace, Precinct 1 Place 2 – Steve Duble vs Sonia Lopez

The links are to my judicial Q&As for those who submitted responses. You can find all the Q&A and interview links from the primary here. More recently I interviewed Staci Childs and Coretta Mallet-Fontenot in SBOE4; I will have an interview with Janet Dudding on Monday. There’s no need to rush if the Chron wants to circle back to these races they ignored originally – they can wait till after the May 7 election, but not too long since early voting there will begin on May 16. It’s only three runoff races (*), plus those two Constitutional amendments and that one HCC race. C’mon, Chron editorial board, you can do this.

(*) There may be some Republican runoffs for them to revisit as well. I didn’t check and am obviously not as interested. I doubt most Republican runoff voters are either, so whatever. The HD147 special election is between the same two candidates as in the primary runoff, so we can assume the endorsement for one carries over to the other.

Four candidates file for CD34 special election

The sprint is on.

Rep. Filemon Vela

Two Democrats and two Republicans have filed for the June 14 special election to replace former U.S. Rep. Filemon Vela, D-Brownsville, in a South Texas congressional seat that the GOP wants to flip.

The filing deadline was 5 p.m. Wednesday, and the candidates are Democrat Dan Sanchez, a Harlingen attorney; Republican Mayra Flores, the current GOP nominee for the seat in the November general election; Republican Juana “Janie” Cantu-Cabrera, one of Flores’ competitors from the March primary; and Democrat Rene Coronado of Harlingen, who listed his occupation as “city civil service director.”

The special election was triggered by Vela’s resignation last month to take a job with Akin Gump, a prominent law and lobbying firm. He had already announced he was not seeking reelection.

The winner of the special election will only get to finish Vela’s term, which extends until January. But Republicans are eager to capture the seat as they try to gain new ground in South Texas, and the special election is happening under the current, more competitive boundaries of the 34th District. The November election for a full term in Congress will be held under new district boundaries that were redrawn during last year’s redistricting process.

Top Republicans have already consolidated behind Flores. She has been endorsed for the special election by Gov. Greg Abbott, Texas GOP chair Matt Rinaldi, Texas GOP vice chair Cat Parks and the Congressional Leadership Fund, the leading super PAC aligned with House GOP leadership.

Sanchez, a former Cameron County commissioner, has the support of Vela, as well as U.S. Rep. Vicente Gonzalez, D-McAllen, who is currently the Democratic nominee for the full term in the 34th District. He declined to run in the special election.

See here, here, and here for the background. I don’t feel any better about this race than I did before, but at least the Dems found someone with a bit of a pedigree to run in this otherwise thankless race. We’ll see if that shows up in the fundraising, for which there’s not much time – early voting for this thing begins May 31. Those of you in the current CD34, take note.

CD34 special election set for June 14

Wasting no time.

Rep. Filemon Vela

Gov. Greg Abbott on Monday called a June 14 special election to replace former U.S. Rep. Filemon Vela, D-Brownsville, in a South Texas seat that Republicans are working to flip.

The filing deadline for the special election is April 13, and early voting starts May 31, according to Abbott’s proclamation.

Vela resigned Thursday to take a job with Akin Gump, a prominent lobbying and law firm. He had already announced he was not seeking reelection.

The special election will be held under the previous, more competitive boundaries of the district, under which President Joe Biden carried it by only 4 percentage points. His underperformance throughout South Texas emboldened Republicans who are now trying to make fresh inroads throughout the region.

The winner of the special election will only get to finish Vela’s term, which goes through January 2023. Still, Republicans are eager to score an early win on their way to November, and the current GOP nominee for the full term in the 34th District, Mayra Flores, has already said she would run in any special election.

[…]

Abbott had the option of scheduling the special election for the Nov. 8 uniform election date or calling an “emergency special election” to slate it sooner. He went the latter route, citing his disaster declarations on COVID-19 and the Mexican border to argue that it is “imperative to fill this vacancy to ensure that Congressional District 34 is fully represented as soon as possible.” He also cited the coming hurricane season.

See here and here for the background. The “emergency” justification seems awfully weak to me – compare and contrast with Rick Perry calling a November 2005 special election for HD143, which he did in late May following the death of Rep. Joe Moreno, even though he was about to call what turned out to be two special sessions of the Legislature, running in total from June 21 to August 19. I’m not sure it would be possible to challenge this in court – who would even have standing to sue? – and recent precedent shows that SCOTx is not all that interested in limiting the Governor’s powers even if someone tried. And, even if I don’t like the politics involved here, I can’t say I like the idea of forcing delays in elections, also for political reasons. Just because we’re not holding a great hand doesn’t mean we should sue to stop the game.

Anyway. We’ll see if Dems can scrounge up a respectable candidate for the position of placeholder, and if that person can get any financial support if they do materialize. Just remember, the real villain in this, the person who put us in this unenviable position, is Filemon Vela, who I remind you is a DNC official. We’re here because he couldn’t wait a couple more months before cashing in as a lobbyist. Thank you ever so much for your service, Filemon.

Filemon officially resigns

Feh.

Rep. Filemon Vela

U.S. Rep. Filemon Vela will formally resign from Congress late Thursday in a move that officially kicks off what’s expected to be a scramble to replace him in a special election.

Vela, D-Brownsville, previously announced his intention to step down before the end of his term because he intends on taking a job with Akin Gump, a prominent lobbying and law firm.

“I write to inform you that I have notified Texas Governor Greg Abbott of my resignation from the U.S. House of Representatives, effective today at 11:59 PM EST,” he wrote to U.S. House Speaker Nancy Pelosi. “It has been a profound honor to represent the people of the 34th Congressional District of Texas for the last nine years, and my distinct pleasure to serve under your leadership.”

Now that the resignation is official, Gov. Greg Abbott has the power to set a special election date — a development that Republicans are relishing as part of their offensive targeting three congressional seats in South Texas this fall.

A special election will be a complicated affair.

Whoever wins will only serve for the remainder of Vela’s unfinished term, which is a matter of months. The November general election will determine who serves the next full term representing the 34th Congressional District.

See here for the background. If the special election isn’t until November, the next uniform election date since it’s too late for May, then this won’t amount to anything more than the Dems being a member light for most of the year. If it happens before then, which it will if Greg Abbott declares the need for an emergency election (as I expect he will), then the Republicans will have the advantage of a candidate who’s already running and has money to spend and a sure source of national donations, while the Dems will need to find someone willing to be a placeholder. Not a great situation, obviously. It’s a mess, one with no clear solution, and one that is entirely the responsibility of now ex-Rep. Vela, who I remind you is a DNC official and should really want to avoid making such messes for his team. It is what it is at this point. We’ll see when the election is called and go from there.

Rep. Filemon Vela to step down

Another special election, though this one is already a little chaotic.

Rep. Filemon Vela

U.S. Rep. Filemon Vela confirmed Thursday he will resign from Congress in the coming weeks, a decision that comes after he announced last year he would retire from the House.

The South Texas Democrat will leave before the end of his term to work for Akin Gump, a prominent law and lobbying firm.

The Washington-based publication Punchbowl first reported the news Thursday morning, and the Brownsville Democrat confirmed it to The Texas Tribune.

That development will set off a unique special election to replace him. His 34th District is based in Brownsville.

Rep. Vela had previously announced he was not running for re-election. Rep. Vicente Gonzalez, the incumbent in CD15, switched to CD34 after redistricting made his district redder, and won the primary for that. My initial thought was that this was going to be a November special election, since it’s too late for May, and with Rep. Gonzalez not running there’s a good chance we’d get ourselves a two-month Congressperson, who would have a mighty tough act to follow in that department.

But that was too simplistic, and didn’t take a couple of things into account. This followup Trib story goes into more detail. I don’t have the energy to do a deep dive, so let me sum up. First, in regard to when the election might be:

The main factor here is that Rep. Vela hasn’t resigned yet. No special election can be set until he actually leaves Congress. The longer he waits, the less likely we’ll get an election before November. I don’t know how long he’d have to wait to make anything but a November election practicable, but if held on until like July 4, there would probably be little reason to bother with anything before November.

Why does this matter? Well, that’s the other thing. The special election in CD34 will be in the current CD34, which was only a 51-47 Biden district in 2020. The new CD34 is 57-42 for Biden, though as we’ve often seen downballot Dems did better. While Mayra Flores, the Republican running in November in the new CD34, has announced she will run in a special election in the old CD34, Dems don’t have an obvious candidate. Remember, Vicente Gonzalez is still representing CD15, and would have to resign there to run in a CD34 special. That’s a big advantage for the Republicans, since who would even be open to being recruited to run as a placeholder in a tough race? But not running anyone, or just letting the usual flotsam that signs up for random races be the standard-bearers, isn’t a great option either.

You would think that Filemon Vela, who is among other things a vice chair of the Democratic National Committee, would be sensitive to those concerns. And maybe he is, I don’t know. What I do know is that if he leaves his position in Congress for the obviously plush and lucrative position as a hired gun for Akin Gump he’s putting his fellow Democrats in a tough spot. All he needs to do to avoid this is not resign until, like, August or so. (July might be good enough, but why take a chance?) We’re talking four more months in Congress. That’s not much to ask. If you’re a constituent of Rep. Vela, I’d recommend you call his office and urge him to stay put for the time being. This is an easily avoidable mess, but it’s all on him whether it needs to be cleaned up or not.

First “Trump Train” lawsuit to proceed

Good news.

Today, the U.S. District Court for the Western District of Texas ruled in favor of plaintiffs in Cervini v. Cisneros, the “Texas Trump Train” lawsuit filed against individuals in a convoy of Trump supporters who conspired to mount a coordinated vehicular assault against a Biden-Harris campaign bus on October 30, 2020. The court denied the defendants’ motions to dismiss the case and allowed it to go forward on allegations that these individuals engaged in political violence that violated the federal Ku Klux Klan Act of 1871 and Texas state law.

The Texas Civil Rights Project, Protect Democracy, and Willkie Farr & Gallagher LLP filed the suit last year on behalf of four plaintiffs—bus driver Tim Holloway, politician Wendy Davis, historian Eric Cervini, and former Biden campaign staffer David Gins. Holloway, Davis, and Gins were on the Biden-Harris campaign bus, and Cervini was in an accompanying vehicle, when the bus was ambushed on I-35 between San Antonio and Austin on the last day of early voting in Texas.

For more than an hour, dozens of trucks and cars encircled the campaign bus, having coordinated to threaten, harass, and intimidate those aboard. They live-streamed their attempts to run the bus off the road, and one of their vehicles ultimately collided with a campaign vehicle. With today’s decision, the case against participants in this caravan who conspired to ambush the bus and its passengers will continue with discovery, and the plaintiffs will have a chance to prove their case at trial.

“Today the court reaffirmed that political violence has no place in our democracy,” said Tim Holloway, who was driving the Biden-Harris bus during the incident. “And though the threats and intimidation we experienced are haunting, at least there is hope that our harassers will be held accountable.”

“While we were peacefully exercising our right to campaign, we were ambushed by individuals engaged in a conspiracy to threaten us with violence,” added Eric Cervini. “With this ruling, the court recognizes that what we experienced that day was exactly the sort of political intimidation the Ku Klux Klan Act was designed to address.”

With today’s decision, plaintiffs can continue to seek a jury verdict declaring the incident a violation of the Ku Klux Klan Act. Congress passed the Reconstruction statute to protect free and fair federal elections from widespread Klan violence against Black and Republican voters by making it illegal for individuals to join together to intimidate and injure Americans participating peacefully in the political process.

“Today’s ruling reaffirms that violations of the Klan Act need not invoke racial or other class-based animus, or state action,” said John Paredes, counsel at Protect Democracy. “Anyone who conspires to intimidate or attack a political campaign in a federal election — regardless of their motivations — is guilty of a Klan Act violation.”

“Free and fair elections depend on voters — no matter their color, party, or zip code — being protected from the threat of violence. The attack on our clients on the Biden-Harris campaign bus is part of a troubling pattern of increasing political violence in the U.S. in recent years — culminating in the insurrection at Congress on January 6, 2021,” added Emma Hilbert, senior attorney at the Texas Civil Rights Project. “Today’s decision serves to reaffirm the freedom of political expression, and serves as a warning that justice awaits those who may conspire to terrorize or menace voters.”

More information about this case is available here and here.

See here and here for the background, and here for the court order. There were two lawsuits filed over this debacle, one against individual drivers of the “Trump Train”, and one against the San Marcos police department, which was quite the hot mess. The ruling here is for the first lawsuit, though it seems likely to me that it would apply for the second as well. I don’t know at this time when the trial is going to happen, but of course I’ll be keeping an eye on it. KVUE has more.

We may get year-round Daylight Saving Time

Apparently, there’s at least one issue that can unite the Senate.

The Senate unanimously approved a measure Tuesday that would make daylight saving time permanent across the United States next year.

The bipartisan bill, named the Sunshine Protection Act, would ensure Americans would no longer have to change their clocks twice a year. But the bill still needs approval from the House, and the signature of President Joe Biden, to become law.

“No more switching clocks, more daylight hours to spend outside after school and after work, and more smiles — that is what we get with permanent Daylight Saving Time,” Sen. Ed Markey of Massachusetts, the original cosponsor of the legislation, said in a statement.

Markey was joined on the chamber floor by senators from both parties as they made the case for how making daylight saving time permanent would have positive effects on public health and the economy and even cut energy consumption.

“Changing the clock twice a year is outdated and unnecessary,” Republican Sen. Rick Scott of Florida said.

“I’ve said it before and I’ll say it again: Americans want more sunshine and less depression — people in this country, all the way from Seattle to Miami, want the Sunshine Protection Act,” Sen. Patty Murray of Washington added.

[…]

The proposal will now go to the House, where the Energy and Commerce Committee had a hearing to discuss possible legislation last week.

Rep. Frank Pallone, the chairman of the committee, agreed in his opening statement at the hearing that it is “time we stop changing our clocks.” But he said he was undecided about whether daylight saving time or standard time is the way to go.

As you know, I’m a fan of Daylight Saving Time, and have opposed efforts to kill it in Texas. I’ve always known that way more people hate DST than like it (or at least are vocal about hating it than liking it), so I’ve always figured it would end eventually. If that happens, then doing it nationally and doing it by shifting everything to the hour-ahead time is the way I’d prefer it. I’d almost rather Congress do it now so I don’t have to worry about the Lege doing it in a dumber way. We’ll see what the House does. CNN and Mother Jones have more.

Initial post-election wrapup

Just a few updates and observations to add onto what I posted yesterday morning. Any deeper thoughts, if I have them, will come later.

– Cheri Thomas and William Demond won their races for the 14th Court of Appeals. I didn’t mention them yesterday, just too much to cover.

– Also didn’t mention any of the SBOE races, four of which are headed to runoffs on the Dems side, including SBOE4 in Harris County. Those were all open or (with SBOE11) Republican-held seats. The three incumbents were all winners in their races – Marisa Perez-Diaz (SBOE3) and Aicha Davis (SBOE13) were unopposed, while Rebecca Bell-Metereau (SBOE5) easily dispatched two challengers.

– All of the district court judges who were leading as of yesterday morning are still leading today.

– Harold Dutton also held on in HD142, but the final result was much closer once the Tuesday votes were counted. He ultimately prevailed with less than 51% of the vote.

– Cam Cameron took and held onto the lead in HD132 (he had trailed by four votes initially), defeating Chase West 52.8 to 47.2, about 300 votes.

– Titus Benton was still leading in SD17, though his lead shrunk from 484 in early voting to 275.

– I touched on this in the runoff roundup post, but the perception that Jessica Cisneros was leading Rep. Henry Cuellar was totally a function of the order in which the counties reported their results. I say this because if you click on the race details for the CD28 primary on the SOS election returns page, you see that Cuellar led by more than 1,500 votes in early voting; he stretched that to about a 2,400 vote lead in the end, though it was just barely not enough to get to 50%. But because Bexar County was first out of the gate and thus first to be picked up by the SOS, and Cisneros ran strongly there, it looked like she was about to blow him out. There are a couple of tweets from Tuesday night that did not age well because of that.

– Statewide, the Dem gubernatorial primary will be a bit short of 1.1 million votes, up a tiny bit from 2018, while the GOP primary for Governor is over 1.9 million votes, comfortably ahead of the 1.55 million from 2018. More Republicans overall turned out on Tuesday than Dems statewide. In Harris County, it looks like the turnout numbers were at 157K for Dems and 180K for Republicans, with about 43% of the vote in each case being cast on Tuesday. Dems were down about 10K votes from 2018, Rs up about 24K. In a year where Republicans are supposed to have the wind at their backs and certainly had a lot more money in the primaries, I’m not sure that’s so impressive. That said, March is not November. Don’t go drawing broad inferences from any of this.

– At the risk of violating my own warning, I will note that the CD15 primary, in a district that is now slightly lean R and with the overall GOP turnout advantage and clear evidence of more GOP primary participation in South Texas, the Dem candidates combined for 32,517 votes while the Republicans and their million-dollar candidate combined for 29,715 votes. Does that mean anything? Voting in one party’s primary, because that’s where one or more local races of interest to you are, doesn’t mean anything for November, as any number of Democratic lawyers with Republican voting histories from a decade or more ago can attest. Still, I feel like if there had been more votes cast in that Republican primary that someone would make a big deal out of it, so since that didn’t happen I am noting it for the record. Like I said, it may mean absolutely nothing, and November is still a long way away, but it is what happened so there you have it.

– In Fort Bend, County Judge KP George won his own primary with about the same 70% of the vote as Judge Hidalgo did here. Longtime County Commissioner Grady Prestage defeated two challengers but just barely cleared fifty percent to avoid a runoff. The other commissioner, first termer Ken DeMerchant, didn’t do nearly as well. He got just 14.3% of the vote, and will watch as Dexter McCoy and Neeta Sane will battle in May. I confess, I wasn’t paying close attention to this race and I don’t have an ear to the ground in Fort Bend, so I don’t know what was the cause of this shocking (to me, anyway) result. Sitting County Commissioners, even first timers, just don’t fare that poorly in elections. Community Impact suggests redistricting might not have done him any favors, but still. If you have some insight, please leave a comment.

– As was the case in Harris, a couple of incumbent judges in Fort Bend lost in their primaries. I don’t know any of the players there, and my overall opinion of our system of choosing judges hasn’t changed from the last tiresome time we had this conversation.

This came in later in the day, so I thought I’d add it at the end instead of shoehorning it into the beginning.

Harris County election officials are still counting ballots Wednesday morning for the Tuesday Primary Election. Despite the Texas Secretary of State John B. Scott saying officials will not finish counting ballots by the deadline, Harris County Elections Administrator Isabel Longoria said she’s confident counting votes will be done.

“It’s going to take a couple of days to finish the entire process as we’ve always seen,” Longoria said. “I don’t have concerns about counting the election ballots for this election.”

[…]

Harris County Voting Director Beth Stevens said the paper ballot system slows down the process for both voters and election workers.

“We’re working with paper here, what we know is we have hundreds of thousands of ballots processed accurately and securely here in our central counting station and we’re working with 2.5 million registered voters,” Stevens said.

In addition to voter registration identification mishaps, and mail-in ballot rejections, Harris County election officials also said damaged ballots have become an issue in the counting process. According to Stevens, damaged ballots have to be duplicated before being scanned by electronic tabulators and counted in at the central polling location. Officials said this could take some time.

“There was a negative attempt to make Harris County look bad in this moment and it’s completely unnecessary because we are processing as appropriate,” Stevens said. “Voters can be sure that paper ballots and electronic media that go with that is the most safe and secure ballot in the country.”

And this.

More than 1,600 ballots in Harris County were not read properly by the county’s new voting machines because of human error, the elections administration office said, resulting in a slower tabulation process for Tuesday’s primaries.

The new system requires voters to take paper ballots with their selections from a voting machine and feed it into a counting machine. Voters did this incorrectly in some cases, said elections office spokeswoman Leah Shah, making the ballots unreadable. Instead, those ballots were re-scanned at the county’s election headquarters, an extra time-consuming step.

Shah said Harris County’s long primary ballot required voters to feed two sheets of paper instead of the usual one, increasing the chance of error if they are inserted the wrong way or inadvertently creased or wrinkled. The 1,629 incorrectly scanned ballots represent less than 1 percent of the nearly 500,000 primary ballots cast.

“These are margins of error that are already accounted for, built in to how we process the ballot,” Shah said. “But we also understand the importance of having the paper trail and having that extra layer of security and backup.”

Voter Sara Cress, who ran the county’s popular elections social media accounts in 2020, said the first page of her ballot became wrinkled in her hand as she filled out the second page. When she attempted to feed the scuffed sheet into the counting machine, it would not take.

“I tried it twice, and then two poll workers tried it over and over again, and it just was giving errors,” Cress said.

[…]

Shah said new requirements under SB1, the voting bill passed by the Legislature last year, placed additional strain on county elections staff. She said 30 percent of the 24,000 mail ballots received have been flagged for rejection because they fail to meet the law’s ID requirements.

Elections staff have been calling those voters, who mostly are over 65, to inform them of the March 7 deadline by which they must provide the correct information or their ballots will not be counted.

The issue with the printers is one reason why the new voting machines were rolled out last year, when they could be tested in a lower-turnout environment. Fewer initial disruptions, but perhaps not enough actual testing to work through all the problems. Going to need a lot more voter education, and more stress testing on those machines. The fiasco with the mail ballots, which is 100% on the Republicans, is putting a lot of pressure on the elections staff. None of this had to happen like this. I mean, if we’re going to talk voter education, not to mention training for county election workers, that was a complete failure on the state’s part. It’s easy to dump on the Secretary of State here, and they do deserve some blame, but they too were put in a no-win spot by the Republicans.

As far as the rest goes, the early voting totals were up at about 7:20 or so on Tuesday night. Initial results came in slowly, as you could tell from my posts yesterday, but almost all of the voting centers had reported by 1 PM yesterday. I do believe there will be some improvement with the printers before November. At least we have two more chances to work out the kinks before then, with the primary runoffs, the May special election, and possibly May special election runoffs. Here’s hoping.

A roundup of runoffs

I was going to just do a basic recap of all the primary races that will require runoffs, and then this happened, and I had to do some redesign.

Rep. Van Taylor

U.S. Rep. Van Taylor, R-Plano, has decided to end his reelection campaign after he was forced into a primary runoff amid 11th-hour allegations of infidelity.

Taylor made the stunning announcement Wednesday, hours after he finished his five-way primary with 49% of the vote, just missing the cutoff for winning the primary outright. The runner-up was former Collin County Judge Keith Self, who is now likely to become the next congressman for the 3rd District.

“About a year ago, I made a horrible mistake that has caused deep hurt and pain among those I love most in this world,” Taylor wrote in an email to supporters. “I had an affair, it was wrong, and it was the greatest failure of my life. I want to apologize for the pain I have caused with my indiscretion, most of all to my wife Anne and our three daughters.”

The day before the primary, the conservative outlet Breitbart News posted a story that Taylor had had a monthslong affair with a Plano woman, Tania Joya, who he had paid $5,000 to keep quiet. The publication reported that she provided it a phone screen shot purporting to be communications with Taylor and a bank record showing that she deposited $5,000 into her account. The Texas Tribune has not been able to independently verify the report.

[…]

Taylor has until March 16 to remove his name from the runoff ballot, which he plans to do, according to a spokesperson. After he does that, Self is automatically the Republican nominee for the district. There is a Democratic nominee for the seat, Sandeep Srivastava, but they face long odds after the district was redrawn last year to favor Republicans.

Holy shit. There’s a link to that article in the Trib story, which I refuse to include. It’s one of the less important aspects of this story, but the timing is curious. Why not publish this earlier, if that’s what you’re going to do, and not take the chance that he could win without a runoff? It gets a whole lot more complicated for the Republicans if he withdraws after winning the primary, and he came quite close to doing just that. I don’t understand any of this.

Anyway, this is where I was originally going to start this post. Here’s a list of the races that have gone into overtime. You can also read the Decision Desk wrapup for some more details.

Statewide Dem

Lite Guv – Mike Collier vs Michelle Beckley.

AG – Rochelle Garza vs Joe Jaworski. As of Wednesday afternoon Jaworski had less than a 2K vote lead over Lee Merritt. When I first looked at this, it was a 3K lead, with all of the remaining ballots in Harris County, where Jaworski started the day with a 6K vote lead over Merritt. That had shrunk to a bit less than 5K votes by the afternoon, which almost made my logic that Jaworski would easily hold his lead look idiotic, but the gap appears to have been too large for Merritt to overcome. But who knows, there may be a bunch of late-fixed mail ballots out there, so let’s put a pin in this one.

Comptroller – Janet Dudding vs Angel Vega.

Land Commissioner – Sandragrace Martinez vs Jay Kleberg.

Congressional Dem

CD01 – JJ Jefferson vs Victor Dunn.

CD15 – Ruben Ramirez vs Michelle Vallejo, who has a 300-vote lead over John Rigney.

CD21 – Claudia Zapata vs Ricardo Villarreal.

CD24 – Jan McDowell vs Derrik Gay, who rebounded after my initial bout of pessimism to finish in second place.

CD28 – Rep. Henry Cuellar vs Jessica Cisneros. Cisneros had a big early lead that was mostly a function of the order in which the counties reported their results. Cisneros crushed it in Bexar County, then watched as Starr, Webb, and Zapata erased her lead. In the end, if what I’m seeing is the actual final tally, it was Cuellar who missed winning outright by nine (!) votes. This one could change to a Cuellar win as the overseas and provisional votes are tallied, and then of course there may be a recount. Hold onto your hats.

CD30 – Jasmine Crockett vs Jane Hope Hamilton.

CD38 – Diana Martinez Alexander vs. Duncan Klussman. This is the only Congressional runoff in Harris County for Dems.

SBOE Dem

SBOE1 – Melissa Ortega vs Laura Marquez. The third-place finisher had big charter school backing, so this race can go back to being one you don’t need to know about.

SBOE2 – Victor Perez vs Pete Garcia.

SBOE4 – Coretta Mallet-Fontenot vs Staci Childs. This is in Harris County, it’s the seat Lawrence Allen vacated in his unsuccessful run for HD26. I’ll put this one on my to do list for runoff interviews.

SBOE11 – Luis Sifuentes vs James Whitfield. Double-timer DC Caldwell finished third, while also losing in the Republican primary for this same seat to incumbent Pat Hardy. Let us never speak of this again.

State Senate Dem

SD27 – Morgan LaMantia vs Sara Stapleton-Barrera.

State House Dems

HD22 – Joseph Trahan vs Christian Hayes.

HD37 – Ruben Cortez vs Luis Villarreal

HD70 – Cassandra Hernandez vs Mihaela Plesa. This one was an almost even split among three candidates, with third place finisher Lorenzo Sanchez 29 votes behind Plesa and 102 votes behind Hernandez. Another overseas/provisional vote count to watch and another recount possibility.

HD76 – Suleman Lalani vs Vanesia Johnson. This is the new Dem-likely seat in Fort Bend.

HD100 – Sandra Crenshaw vs Venton Jones.

HD114 – Alexandra Guio vs John Bryant. Bryant was a Dem Congressman in the 90’s, in the old CD05. After winning a squeaker against Pete Sessions in 1994, Bryant tried his luck in the primary for Senate in 1996, eventually losing in a runoff to Victor Morales. Bryant just turned 75 (why anyone would want to get back into the Lege at that age boggles my mind, but maybe that’s just me), while Guio is quite a bit younger. Should be an interesting matchup. This was a five-way race with everyone getting between 17 and 25 percent, so endorsements from the ousted candidates may make a difference.

HD147 – Jolanda Jones vs Danielle Bess.

Harris County Dems

185th Criminal District Court – Andrea Beall vs Judge Jason Luong.

208th Criminal District Court – Beverly Armstrong vs Kim McTorry. Judge Greg Glass finished third.

312th Family District Court – Teresa Waldrop vs Judge Chip Wells.

County Civil Court at Law #4 – Manpreet Monica Singh vs Treasea Treviño. David Patronella was in second place after early voting, but fell behind as the Tuesday votes came in.

Commissioners Court, Precinct 4 – Lesley Briones vs Ben Chou.

Justice of the Peace, Precinct 1, Place 2 – Sonia Lopez vs Steve Duble.

Republicans

Not really interested in a complete rundown, but it’s Paxton versus P Bush for AG, Dawn Buckingham versus Tim Westley for Land Commissioner, and Wayne Christian versus Sarah Stogner for Railroad Commissioner. At least that last one will be interesting.

As noted yesterday, it will be Alexandra Mealer versus Vidal Martinez for the nomination for County Judge. I have no feelings about this.

I will put some other primary news and notes in a separate post. Let me know if I missed a race.

2022 primary results: Legislative races

You might start with the Daily Kos rundown of races of interest, which includes all of the Congressional races worth watching.

One of those got an early resolution, as former Austin City Council member Greg Casar declared victory before 9 PM. He had a ridiculous early lead, and was at just under 60% when I wrote this. He was one of the candidates backed by national progressives, and they may go two for two, as Jessica Cisneros was just over 50%, up by about five points in her three-way race with Rep. Henry Cuellar. This one may go to a runoff, and it’s one we’ll all be sick of by the end of March if that happens. Whatever the case, she built on her 2020 campaign, likely with a bit of an assist from the FBI, and if she wins she earned it.

Other open Congressional seat races: Rep. Lloyd Doggett waltzed to an easy and crushing win in CD37. Rep. Vicente Gonzalez, who moved from CD15 to CD34 to succeed Rep. Filemon Vela, was headed to victory there. In CD15, Ruben Ramirez led a more tightly packed field; it’s not clear who might accompany him to a runoff. State Rep. Jasmine Crockett was at around 55% in CD30 early on, and could win without a runoff. I generally like her, but stories like this one about a cryptocurrency super PAC supporting her really makes me scratch my head.

In the two seats that are currently targets for the DCCC, John Lira was in a fairly solid lead in CD23, while it appears that sigh Jan McDowell will be in a runoff in CD24. Derrik Gay, the best fundraiser and the candidate the DCCC has been backing, was in a tight race for second place. Lord help me. Claudia Zapata was in first place and headed for the runoff in CD21, Sandeep Srivastava was winning in CD03, and here in Harris County Duncan Klussman and Diana Martinez Alexander were basically tied in CD38, with a runoff in their future.

On the Republican side: Dan Crenshaw easily won against a couple of no-names in CD02, while Van Taylor was above 50% in his four-way race in CD03. Monica De La Cruz and Mayra Flores were above 50% in CDs 15 and 34, respectively, while Wesley Hunt was winning in the district that Republicans drew for him, CD38. Morgan Luttrell was above 50% in CD08. None of the incumbents who had challengers had any reason to sweat.

In the State Senate, Sen. John Whitmire had a 62-38 lead in early voting over Molly Cook in SD15. Cook lost the race, but I’d say she beat the spread, and if there’s another opportunity in 2024 she’s put herself in good position to take advantage of it. Morgan LaMantia and Sar Stapleton Barrera are one and two, neck and neck, for SD27; that will be a spirited runoff. Titus Benton was leading Miguel Gonzalez 51-49 with about half the vote counted in SD17.

House races of interest in Harris County: Harold Dutton had a 55-45 lead on Candis Houston early on. Alma Allen was headed to victory against two opponents in HD131. Jolanda Jones at about 45% in HD147, with a close race between Danielle Bess and Reagan Flowers for the other runoff spot. Chase West had a four-vote lead over Cam Campbell in HD132 in early voting.

Elsewhere in the state:

HD22 (open) – Joe Trahan was just short of a majority and will face Christian Hayes in the runoff.
HD26 (R held) – Daniel Lee defeated Lawrence Allen.
HD37 (open) – Ruben Cortez and Luis Villarreal in the runoff.
HD38 (open) – Erin Gamez won.
HD50 (open) – James Talarico, who moved over from HD52, won easily.
HD51 (open) – Lulu Flores won.
HD70 (open, new seat, R held, D pickup opportunity) – Too close to call among three candidates.
HD75 – Rep. Mary Gonzalez easily defeated her challenger.
HD76 (open, new D seat) – Suleman Lalani and Vanesia Johnson in the runoff.
HD79 (two Ds paired) – Rep. Claudia Ordaz Perez was leading Rep. Art Fierro.
HD92 (open, new seat, R held, D pickup opportunity) – Salman Bhojani won.
HD100 (open) – Sandra Crenshaw and Venton Jones headed for the runoff.
HD114 (open) – Too close to call among at least three candidates.
HD124 (open) – Josey Garcia won.
HD125 – Rep. Ray Lopez defeated his challenger.

On the R side, the main thing I will note is that former City Council members Greg Travis and Bert Keller will not be in the runoff for HD133.

Note that a lot of this is based on incomplete voting, so there may be some changes as of the morning. I’ll do some followup tomorrow.

The only constant is change

This DMN story is about the wave of changes to the various legislative caucuses in North Dallas, but if you pull the lens back just a little, you can see how universal it is.

Proponents of term limits complain that elected lawmakers often overstay their welcome.

That’s not the case these days in the Texas House, where turnover is occurring across the state. In North Texas, the 2022 elections could bring an array of new faces to the House and Senate.

When the Legislature convenes in 2023, there will be eight new members of the House. And a new senator will replace the retiring Jane Nelson of Denton County. Statewide, 28 House lawmakers have retired or left their seats to run or another office. Five senators are not running for reelection, including several moderate Republicans, including Kel Seliger of Amarillo and Larry Taylor of Friendswood.

The story goes on to list the folks from the Metroplex – mostly Dallas, Tarrant, Collin, and Denton counties – who are retiring or running for another office in 2022, and it’s a long list. But as we’ve discussed, there’s always a fair amount of turnover following a redistricting year, and there’s a lot more natural turnover in elected office than you might think.

My case in point: Here’s your list of federal and state election winners in 2012 from Harris County. Following the 2022 election, this is how many new names there will be:

– Six of nine members of Congress are gone, with only Reps. Al Green, Mike McCaul, and Sheila Jackson Lee remaining.
– All three SBOE members will be gone, as Lawrence Allen is running for HD26 this March.
– At least six out of eight members of the State Senate will be gone, with only Sens. Whitmire and Huffman still on the ballot. To be sure, two of those people are now statewide office holders, and one is on Commissioners Court, but this is about turnover. All three of their seats are now held by someone else.
– At least sixteen of the 24 State House members will be gone. Only Reps. Alma Allen, Gene Wu, Armando Walle, Senfronia Thompson, Harold Dutton, Ana Hernandez, Mary Ann Perez, and Hubert Vo are on the ballot.

If you want to take it one step further, note that four out of five members of Commissioners Court are gone, with the fifth (Jack Cagle) likely to be voted out this November. All holders of executive office, all members of the HCDE Board of Trustees, and nearly every District Court judge is new since then as well.

To be sure, some of the holdovers have been there for a long time. My point is that they’re a pretty rare exception, and that the norm is for most legislators to serve a couple of terms and then either lose an election or move on to something else, which may be another political office and may be something outside of electoral politics. This is one of the many reasons why I disdain term limits. Our very real lived experience shows that they are not necessary.

The flip side of this, as a companion story notes, is that turnover means that a fair amount of legislative and subject matters knowledge goes away when a veteran lawmaker moves on, voluntarily or otherwise. But that’s life, and as someone who has been in the corporate world for a couple of decades, I can tell you that the world will keep spinning. New people will get their chance, and generally speaking they’ll be fine, even if they do things differently.

Now if you want to complain that the kind of Republicans being elected these days in place of the Jane Nelsons and Larry Taylors and Kel Seligers and so forth are a couple of notches below them in terms of knowledge, seriousness, deportment, and a whole host of other qualities, you’ll get no argument from me. That’s a different problem, and it’s going to take both the election of more Democrats and a return to something approaching sanity and respect for democracy among Republicans as a whole to solve it.

Let’s pay some attention to the Gulf Coast Protection District

They may raise some tax revenue to help pay for the Ike Dike, so best to know what’s happening with it. Especially since they didn’t exactly go out of their way to make it easy to do that.

Danielle Goshen spent months trying to figure out when and where the new group that will work on funding the so-called Ike Dike was meeting. The environmental advocate was eager to know how the Gulf Coast Protection District would cover the local cost if Congress approves the sweeping coastal barrier project.

Goshen is a policy specialist and counsel for the National Wildlife Federation. She’s concerned about pursuing a $29 billion dollar plan, with the prospect that the project could cost even more. The proposal calls for building a massive series of gates across the mouth of Galveston Bay to stop hurricane storm surges from pushing up the industry-lined ship channel.

The legislature created the protection district to find local funding for 35 percent of the portion of the project built here — perhaps by levying taxes. Supporters say the concept is necessary as climate change will likely strengthen the winds and rains of future storms. Advocates such as Goshen caution it will take at least 12 years to design and build. Non-federal funding needed for the barrier system is about $10 billion.

Environmental advocates have expressed wide-ranging concerns about the proposal, which the U.S. Army Corps of Engineers finalized last fall. They’ve pressed for more information about how the foundations of the gates will restrict water flow between Galveston Bay and the Gulf of Mexico, potentially impacting water quality and marine life. The barrier also won’t stop the worst of storms and it will still leave the region especially vulnerable during the years it takes to build.

Harris County is the most populous of the five counties the district represents, and residents could be responsible for some 85 percent of the local tax share for the proposal, making for about a 20 percent tax increase, Harris County Administrator David Berry said in December. Galveston, Chambers, Jefferson and Orange counties are also in the district’s jurisdiction.

The costly burden makes it all the more pressing for stakeholders and residents to be tuned into the decision making, Goshen said.

“The real concern is that they’re not doing enough to make these meetings accessible to the public and to really get the word out that they’re having these meetings in the first place,” Goshen said, adding, “We really think that it’s imperative that this district has public engagement at the top of mind.”

Goshen kept searching online for months for information about the meetings, she said, and found nothing. It wasn’t until near the end of 2021 that someone forwarded her an agenda.

It turned out Gov. Greg Abbott had appointed six board members in June. Each county’s commissioners court picked one additional board member. The group had been getting together since August. The meetings were open to all, and met legal requirements, whether or not they’d been thoroughly advertised, according to those in charge.

[…]

The newly formed district now has a website and email distribution list but as the pandemic stretches on, the group still offers no way for the public to watch meetings online. It also has pages on FacebookLinkedIn and Twitter. Goshen, as well as a Houston Chronicle environment reporter and an environmental advocate, Bayou City Waterkeeper’s legal director Kristen Schlemmer, were its only three Twitter followers before the Chronicle covered the group Wednesday.

See here and here for the background. I confess I had totally forgotten about this – it’s not like we’ve been in a low-news environment lately, but still – but I am now a Twitter follower of the GCPD, whose count was up to 119 including me as of Monday evening. I hope that whatever business the conduct going forward, it’s better publicized and better covered. This is a big deal, and we deserve to know what they’re up to.

Final roundup of interviews and judicial Q&As

Here they all are. As noted, I may return to some races for the runoff. For now, this is what we have. As a reminder, much more information about Democratic primary candidates, including links to the interviews and judicial Q&As, can be found on Erik Manning’s spreadsheet. Vote well.

Interviews

Duncan Klussman, CD38
Diana Martinez Alexander, CD38

Jinny Suh, Land Commissioner
Jay Kleberg, Land Commissioner

Sen. John Whitmire, SD15
Molly Cook, SD15

Aurelia Wagner, HD147
Danielle Bess, HD147
Jolanda Jones, HD147
Nam Subramanian, HD147
Reagan Flowers, HD147

Candis Houston, HD142
Chase West, HD132

Ben Chou, Harris County Commissioners Court Precinct 4
Ann Williams, Harris County Commissioners Court Precinct 4
Gina Calanni, Harris County Commissioners Court Precinct 4
Lesley Briones, Harris County Commissioners Court Precinct 4
Clarence Miller, Harris County Commissioners Court Precinct 4

Dylan Osborne, Harris County Treasurer (Incumbent)
Carla Wyatt, Harris County Treasurer
Marilyn Burgess, Harris County District Clerk (Incumbent)
Desiree Broadnax, Harris County District Clerk

Judicial Q&As

Kyle Carter, 14th Court of Appeals, Place 2
Cheri Thomas, 14th Court of Appeals, Place 2

Judge Chuck Silverman, 183rd Criminal District Court
Judge Abigail Anastasio, 184th Criminal District Court
Katherine Thomas, 184th Criminal District Court
Judge Jason Luong, 184th Criminal District Court
Andrea Beall, 185th Criminal District Court
Lema Barazi, 189th Civil District Court
Judge Scott Dollinger, 189th Civil District Court
Judge Greg Glass, 208th Criminal District Court
Kim McTorry, 208th Criminal District Court
Samuel Milledge, 228th Criminal District Court
Judge Chris Morton, 230th Criminal District Court
Judge Tristan Longino, 245th Family District Court
Angela Lancelin, 245th Family District Court
Judge Hilary Unger, 248th Criminal District Court
Judge Amy Martin, 263rd Criminal District Court
Dianne Curvey, 280th Family District Court
Judge Barbara Stalder, 280th Family District Court
Judge Chip Wells, 312th Family District Court
Teresa Waldrop, 312th Family District Court
Paul Calzada, 312th Family District Court
Judge Natalia Oakes, 313th Family District Court
Glenda Duru, 313th Family District Court
Judge Leah Shapiro, 313th Family District Court
Ieshia Champs, 315th Family District Court
Alycia Harvey, 482nd Criminal District Court
Veronica Monique Nelson, 482nd Criminal District Court

David Patronella, County Civil Court At Law #4
Manpreet Monica Singh, County Civil Court At Law #4
Treasea Treviño, County Civil Court At Law #4
Porscha Natasha Brown, County Criminal Court At Law #3
Judge Kelley Andrews, County Criminal Court At Law #6
Judge Andrew Wright, County Criminal Court At Law #7
Erika Ramirez, County Criminal Court At Law #8
Judge David Singer, County Criminal Court At Law #14
Judge Michael Newman, County Probate Court #2

Chris Watson, Justice of the Peace, Precinct 1 Place 2
Steve Duble, Justice of the Peace, Precinct 1 Place 2
Ron Campana, Justice of the Peace, Precinct 1 Place 2
Blair McClure, Justice of the Peace, Precinct 2 Place 2
Dolores Lozano, Justice of the Peace, Precinct 2 Place 2
Judge Lucia Bates, Justice of the Peace, Precinct 3 Place 2
Herbert Alexander Sanchez, Justice of the Peace, Precinct 3 Place 2
Ashleigh Roberson, Justice of the Peace, Precinct 3 Place 2

UPDATE: Naturally, I woke up this morning to see another set of Q&A responses in my inbox. They will run tomorrow.

Speaking of cryptocurrency and electricity usage…

Congress has a few questions.

From wind farms in West Texas to an old aluminum refining operation outside Austin, crypto miners are flooding into Texas take advantage of some of the cheapest power in the country and positioning the state to become the state’s crypto mining leader. But the accompanying surge in energy consumption is drawing scrutiny from Congress when the world is trying to not only clean up its energy system but also reduce demand to fight climate change.

At a hearing this month before the House Energy and Commerce Committee, the chairman. Rep. Frank Pallone, D-N.J., questioned the sustainability of crypto mining’s business model.

“One estimate found that the energy required to process (one) transaction on the bitcoin network could power a home for more than 70 days,” Pallone said. “Last year, there were hundreds of thousands of transactions on this network. Just imagine the climate implications.”

recent study by scientists at Cambridge University found crypto mining operations globally consume 135 terawatt hours of electricity per year, more than the entire country of Argentina.

The majority of that electricity comes from hydroelectric dams and coal and natural gas plants, the scientists found. In New York, for instance, one firm has restarted an old coal-fired power plant to provide energy for its crypto mining operations.

[…]

In Texas, so far, crypto miners are being met with open arms. The Texas Legislature last year passed a bill creating a task force to aid the development of the cryptocurrency industry in Texas, with Governor Greg Abbott writing on Twitter, “It’s happening. Texas will be the crypto leader.”

That along with the state’s cheap power prices are attracting crypto mining firms from around the world, most of which were forced to look for new homes after the Chinese government banned cryptocurrency last year.

EZ Blockchain, a Chicago firm, has proposed setting up mobile computer rigs in Texas’s oil and gas fields, powering their mining operations with natural gas that would otherwise be flared.

Marathon Digital, based in Las Vegas, announced last month it was installing more than 100,000 bitcoin mining computers around Texas, primarily adjacent to wind and solar farms in West Texas.

“This industry has transformed over the last year since China shut down mining,” said Charlie Schumacher, director of corporate communications at Marathon. “The U.S. is unique because we have excess power here and we have a friendly regulatory environment. But we’ve gone through this transition so quickly it’s raised a lot of questions.”

Even as some crypto companies make strides to employ clean energy for their operations and reduce their energy consumption by using more efficient equipment, the sheer scale of their energy demand is giving many pause.

And as new miners flood the industry, there’s little sign of a slowdown. Electricity consumption for mining bitcoin, the most popular crypto currency, has almost doubled over the last two years, according to the Cambridge scientists.

“We’re making all these great strides to decarbonize and reduce our energy use and now were promoting this incredibly energy intensive new industry and wiping out any climate gains were struggling to make,” said Luke Metzger, executive director of Environment Texas, an activist group. “It seems very wasteful and not what we need right now.”

Concerns about the environment, as well as concerns that all this demand for electricity could have negative effects on the consumer market, seem eminently reasonable to me. It’s nice that coin miners were willing to power down during this cold front, but what assurance do we have they will do so next time? Some regulation is needed, and I’d like to see some exploration of a way to tax high energy use by crypto companies, as a way to ensure that they won’t distort the market. The one thing I am sure of is that doing nothing and hoping it all turns out for the best is unlikely to work. Put some guardrails in place, and enforce violations. We can debate over what that looks like, but that needs to be the goal.

Et tu, H-GAC?

WTAF?

Houston is slated to get just 2 percent of the regional council’s $488 million tranche for storm mitigation, angering city leaders who say the city consistently has been shorted when it comes to the federal money.

The Houston-Galveston Area Council, a regional group made up of representatives from local governments, voted Tuesday to proceed with a funding plan that skirts Houston over the opposition of city officials. The plan still needs state and federal approval, along with a lengthy public comment period, before moving forward.

“This is not the end,” said At-Large Councilmember Sallie Alcorn, who represents the city on the regional body.

[…]

The dispute centers on federal funding distributed after Harvey and other storms to help state and local governments finance infrastructure to mitigate the risk of future disasters. Last year, the Texas General Land Office announced Houston and Harris County would get none of an initial $1 billion funding round for communities. The agency later reversed course and said it would give Harris County a direct allotment of $750 million. The city is not slated to get any of that money. The city and county had expected to receive about half of the $4.3 billion in total funds, or $1 billion each.

H-GAC then removed Houston and other Harris County cities from its plans to distribute $488 million to local governments. Commissioners said those cities stand to benefit from the separate, $750 million GLO tranche. It is not clear, however, whether any of the money will reach the city’s coffers. The county faces a $900 million funding deficit for its bond program alone and is unlikely to send some of its money to the city, although it may work on joint projects.

“We’re basically penalizing Houston and other cities in Harris County because we might get some benefit from the Harris County money,” Alcorn said. “And we don’t know that yet.”

Houston, which makes up about 30 percent of the regional council’s population base, would get about $9 million under the regional council’s plan, or 1.9 percent.

Chuck Wemple, H-GAC’s executive director, said the board felt Houston would see some of the $750 million headed for the county. He emphasized that there will be time for public comment, and the plan is not yet final.

“I would offer that the complication we have before us today is a result of that $750 million allocation to the county, without any definition of what the expectation is for that money,” Wemple said. “That makes all of our jobs more difficult.”

As the story notes, Galveston and Fort Bend counties will combine to receive about $170 million. Houston had asked for $148 million, in line with its share of the total population in the H-GAC region, and it was voted down. Which means that the other ten counties – Austin, Brazoria, Chambers, Colorado, Liberty, Matagorda, Montgomery, Walker, Waller, and Wharton – get to split up the remaining $300 million. Pretty damn sweet deal for them.

Let’s be clear, that explanation given by Chuck Wemple is absolute self-serving caca. Let me count the ways:

1. Whatever portion of that $750 million that Harris County was given as a consolation prize by the GLO is still a lot less than what Houston as well as Harris County had requested. It doesn’t come close to meeting the need the city has.

2. While I fully expect some of that $750 million that Harris County is getting to be spent inside Houston, the city has no control over where and when it will get spent, and if Harris County decides that a greater portion of its need is outside the city’s boundaries, well, that’s just tough.

3. But even if the city hadn’t been screwed by the GLO, and both it and Harris County were being given a proper share of the relief funds, that still doesn’t make this right. Houston is a part of H-GAC – it’s right there in the name! – and any process that doesn’t allocate these funds in a rational and equitable manner is just wrong. This is not difficult, and the proposal made by CMs Alcorn and Plummer were eminently reasonable.

This is another screw job, and it’s even more disheartening coming from an agency whose entire mission is to serve this region. Part of the problem, as I understand it, is that H-GAC’s governing structure is more like the US Senate than the House, which means that Houston and Harris County get as much representation as the small counties. It’s not hard to see how that math works against us. This is the right response:

Turner, Houston’s chief recovery officer Stephen Costello and other council members also urged a revision, and Turner last week went so far as to question the city’s involvement in the council.

“We got zeroed out by the GLO, and it seems as though we are getting almost zeroed out by the H-GAC,” Turner said last week, when Alcorn broached the issue at City Council. “If they’re going to operate at the exclusion of the city of Houston, then the city of Houston needs to reevaluate its relationship with H-GAC going forward.”

What’s even the point of being in H-GAC if H-GAC is not going to serve Houston’s interests? If they don’t make this right then yeah, let’s get the hell out.

Endorsement watch: Almost all of the big ones

The Sunday Chron was full of endorsements, which given the timing and the edition is what you’d expect. Most of them are not particularly remarkable, and I’m not going to spend any time on their recommendations for Beto and Mike Collier on the Democratic side, or Greg Abbott, Dan Patrick, or Eva Guzman on the Republican side. Everyone except Collier is obvious, and Collier is both a good choice and the familiar one. Read them as you see fit, but I don’t expect you’ll take much away from them.

There were some other races with more interest, starting with the CD38 primary in which they tapped Duncan Klussman.

Duncan Klussman

Two years ago, Diana Martinez Alexander emerged as top vote-getter in a raucous six-member Democratic primary for a seat on the Harris County Commissioners Court. Now she’s asking party voters to entrust her with their hopes for picking up a seat in Congress, representing the new district Texas lawmakers created following the 2020 Census.

Alexander’s command of the issues facing the next Congress impressed us. So did her background as a teacher in HISD and fighter for causes near to the hearts of Democratic primary voters, as when she told us she’d make voting rights a top priority. “We have to make some progress in protecting our voting rights,” she said. “So that would be the number one priority, because we can’t have anything else if we don’t have a right to vote.”

But we believe it’s another candidate — former Spring Branch ISD superintendent Duncan Klussmann — who will give Democrats the best chance of winning in the fall.

When Texas lawmakers drew the new 38th Congressional District last year, they did so intending to give a Republican candidate the advantage, and the GOP primary field includes well-known and well-financed contenders. Democrats will need their strongest candidate to compete. Despite Alexander’s impressive showing in the March 3, 2020 primary, she lost the subsequent runoff to Michael Moore.

We believe Democrats stand the best chance in November with Klussmann, 58, on the ticket. His priorities are kitchen-table issues all voters worry about. He’d stress getting the supply chain moving, ensuring the Houston area gets federal support for flood mitigation and tackling rising inflation. “Some of us who were around in the 1970s remember when, when my parents were paying 12 percent, 14 percent interest on their mortgages,” he told us. “So we know how that can impact people’s lives.”

Coupled with his experience as superintendent for 18 years, Klussmann’s priorities could help him build broad consensus, something there is far too little of in Congress these days. But he knows fighting for the home team is important, too. He said he’d work to expand Medicaid for Texas and push universal pre-K.

My interview with Duncan Klussman is here and with Diana Martinez Alexander is here; as noted before, Centrell Reed declined the opportunity to be interviewed. Klussman is fine, well-qualified and knowledgeable, and can speak to the experience of being a former Republican, which can certainly be an asset. Lord knows, we’re going to need more people like that. If this election were in 1996, or even 2006, he’d be the strongest candidate on paper. I don’t know how much of an advantage his profile is now, given the shrinking number of crossover voters and potential for some Dem voters to be less enamored with that kind of centrism. I know and trust Diana Alexander and would be inclined to vote for her if I lived in CD38, but you have good options however you look at it.

One race I didn’t have a chance to get to was the SBOE4 race, which is an open seat as incumbent Lawrence Allen is running for HD26. The primary winner will be elected in November, and the Chron recommends Staci Childs.

Staci Childs

Voters have five options in the Democratic primary for the District 4 seat, but two candidates stood out to us as especially impressive.

Marvin Johnson, a former high school math teacher and chemical engineer who is a lecturer at North American University in Houston, had good ideas for how to improve schools, but he struggled with the narrow scope of authority granted to the state school board.

“What I see right now is not working,” he told us, adding that he was “disappointed” to learn how little say the SBOE has over how schools operate when he first filed to run. He’ll try to convince lawmakers and others to join his call to expand its responsibilities, should he be elected.

We’d rather see Democrats choose a candidate who promises to work full-time to improve school curriculum. We believe Staci Childs, a former teacher in Georgia, is that candidate. Though now a practicing attorney, she’s the founder of an education-related nonprofit called Girl Talk University.

We especially liked her ideas about how Texas’ use of TEKS standards — short for Texas Essential Knowledge and Skills — is failing some kids and their schools. Often, she said, all that stands between a student and knowing what’s required is a specific gap in their knowledge left unfilled from a previous grade. A quick effort to identify and bridge that gap can quickly allow them to come up to grade level and pass, without the stigma of being held back.

“I don’t want to say remedial, because that has a negative connotation,” Childs told us. “But we need a serious plan to address the TEKS, since … they do not address these learning gaps.”

I will come back to this race for the very likely runoff, as there are five candidates.

Finally, two judicial endorsements. One is for a challenger, Kim McTorry.

Kim McTorrey

Judge Greg Glass has decades of experience as a criminal lawyer in Harris County, but he’s fallen short of expectations on the 208th Criminal District Court bench. We recommend voters give his challenger, Kimberly McTorry, a defense attorney and former prosecutor, a chance to win the seat in the general election.

While we recognize how difficult bond decisions can be for judges, particularly when the right to bail is enshrined in the Texas Constitution, in the case of Deon Ledet, a twice-convicted ex-felon, it is clear Glass made an egregious mistake.

Prosecutors initially sought to have Ledet held without bail even though he hadn’t been charged with a capital crime, arguing he’d twice previously been convicted of a felony. A magistrate judge set bail at $40,000 initially; Glass subsequently agreed to a request from Ledet’s lawyers to reduce his bail to $20,000. Ledet immediately violated the terms of his pre-trial release, and when two Houston police officers showed up at Ledet’s home to serve an arrest warrant, he allegedly shot and killed Officer William Jeffrey.

Glass, 73, told the editorial board his decision to reduce Ledet’s bond was a mistake. “I really feel sorry for Officer Jeffrey’s family, it’s a horrible thing what happened,” Glass said. “If I could change it, I would.”

[…]

McTorry, 34, would bring a balanced perspective to the courtroom, having practiced on both sides of the docket. While she has only recently begun handling second-degree felonies as a defense attorney, we believe her trial experience as a Harris County prosecutor, where she handled thousands of felony and misdemeanor cases, makes up for that relative lack of experience.

“I believe in restorative justice, I believe in criminal justice reform, but I also believe that a judge should be equally as compassionate about the victims of crimes as they are about those who are accused of crimes,” McTorry told us.

My Q&A with Judge Glass is here. I have one in the queue for McTorry that will run tomorrow.

The Chron also went with an incumbent, Judge Frank Aguilar in the 228th Criminal District Court.

There are those who believe Judge Frank Aguilar of the 228th District Court in Harris County is too quick to side with prosecutors’ arguments in court. But in a county whose criminal court judiciary turned over en masse four years ago, and where concerns about rising crime and lax bond decisions are widespread, we aren’t persuaded that Democrats would be wise to part company with a judge in their party with a tough approach to crime. Whether Aguilar wins or his opponent criminal defense lawyer Sam Milledge II does, the party’s nominee can expect that question of how judges handle bond in violent cases to be central to the November general election.

Those considerations aside, however, we believe Democrats should vote for Aguilar, 64, because he’s spent his first term on the bench learning to be a better judge — training the voters have paid for. His docket clearance rate has been 99 percent for cases in the previous 90 days, about average for all judges, and 86 percent for the previous year, a little better than average. He has about 10 percent fewer cases pending than average.

My Q&A with Aguilar’s opponent Sam Milledge is here; I never got a response from Judge Aguilar. I find this endorsement a bit amusing, since they considered Aguilar the poster boy for why electing judges is bad, a sentiment they extended to after the election. Maybe all that gnashing of teeth was a bit over the top, eh? I know they have an all new crew doing these screenings now, but it still raises my eyebrows a bit that they didn’t come close to acknowledging their previous reservations about the incumbent.

So, as of the start of early voting, the Chron has managed to do nearly all of the endorsements they set their sights on. I haven’t tracked the Republican side closely, but on the Dem side the main omissions I see are Attorney General and five Criminal District Courts. I know they’re not doing county courts and JP races, I’m not sure if they’re doing civil/family/juvenile district court – if they are, add all of those to the tab. I’ve got judicial Q&As queued up through Friday; I don’t expect to receive any more responses at this point, but if I do I’ll add them in. Now go out there and vote.

January 2022 campaign finance reports: Congress

The filing deadline has passed, the primary lineups are set, and we have a new set of races and candidates to review. As was the case in the past two cycles, I’ll follow the contested primaries as well as the (fewer than before) November races of interest. I’ll drop the former once those contests are settled. The October 2021 reports are here, the July 2021 reports are here, and you can get the links to the previous cycle’s reports from there.

Dan Crenshaw – CD02
Robin Fulford – CD02
Van Taylor – CD03
Keith Self – CD03
Sandeep Srivastava – CD03
Doc Shelby – CD03
Lizzie Fletcher – CD07
Mike McCaul – CD10
Linda Nuno – CD10
Mauro Garza – CD15
John Villarreal Rigney – CD15
Ruben Ramirez – CD15
Roberto Haddad – CD15
Eliza Alvarado – CD15
Monica de la Cruz – CD15
Chip Roy – CD21
Scott Sturm – CD21
Robert Lowry – CD21
Claudia Zapata – CD21
Ricardo Villarreal – CD21
Troy Nehls – CD22
Jamie Kaye Jordan – CD22
Tony Gonzales – CD23
John Lira – CD23
Beth Van Duyne – CD24
Derrik Gay – CD24
Kathy Fragnoli – CD24
Jan McDowell – CD24
Henry Cuellar – CD28
Jessica Cisneros – CD28
Tannya Benavides – CD28
Ed Cabrera – CD28
Willie Vasquez Ng – CD28
Cassandra Garcia – CD28
Abel Mulugheta – CD30
Jane Hope Hamilton – CD30
Jessica Mason – CD30
Jasmine Crockett – CD30
Colin Allred – CD32
Vicente Gonzalez – CD34
Mayra Flores – CD34
Greg Casar – CD35
Eddie Rodriguez – CD35
Rebecca Viagran – CD35
Lloyd Doggett – CD37
Donna Imam – CD37
Wesley Hunt – CD38
Duncan Klussman – CD38
Diana Martinez Alexander – CD38
Centrell Reed – CD38


Dist  Name             Raised      Spent    Loans    On Hand
============================================================
02    Crenshaw     10,302,932  7,639,567        0  4,516,080
02    Fulford          49,692     15,595   15,595     34,097
03    Taylor        1,857,852    652,058  503,192  1,228,292
03    Self            165,608     58,297        0    107,321
03    Srivastava       59,699     49,257   25,000     10,441
03    Shelby                0          0        0          0
07    Fletcher      2,414,235    485,311        0  1,990,020
10    McCaul        1,413,600    643,881        0    777,453
10    Nuno                  0          0        0          0
15    Garza           504,584    162,893  663,201    387,578
15    V Rigney        151,025         26  151,000    150,999
15    Ramirez         108,280     34,054   12,250     74,225
15    Haddad          100,000    100,000        0          0
15    Alvarado         75,035     24,183   29,000     50,851
15    De la Cruz    1,539,153    921,051   13,000    625,607
21    Roy           1,240,412    651,863        0  1,052,131
21    Sturm            47,618     37,869        0      5,728
21    Lowry            39,725     36,227   27,325      3,497
21    Zapata           38,436     34,619        0      4,769
21    Villarreal       25,190     15,048   20,563     10,141
22    Nehls           670,482    322,270    5,726    367,417
22    Jordan                0          0        0          0
23    Gonzales      2,261,907    985,463        0  1,307,803
23    Lira            251,642    195,017        0     56,625
24    Van Duyne     2,035,203    731,839        0  1,371,774
24    Gay             208,661    165,886        0     42,774
24    Fragnoli         28,121     17,328   12,096     10,793
24    McDowell         11,183      5,632        0      5,550
28    Cuellar       1,853,133  1,056,272        0  2,347,334
28    Cisneros        812,072    320,983        0    494,058
28    Benavides        27,177     17,265        0      9,912
28    Cabrera         289,230    112,450  250,000    176,779
28    Ng              137,786     11,436   50,900    126,349
28    Garcia           85,601      2,742        0     82,858
30    Mulugheta       252,713     65,673        0    187,039
30    Hamilton        228,605    157,280    5,014     71,325
30    Mason           199,082    160,217        0     38,865
30    Crockett        101,281     21,094        0     80,186
32    Allred        2,213,564    621,340        0  1,751,646
34    Gonzalez      1,688,731    942,491        0  2,116,732
34    Flores          187,115    128,345        0     58,769
35    Casar           467,579    111,870        0    355,709
35    Rodriguez       251,472     31,134        0    220,338
35    Viagran          47,375      2,286        0     45,088
37    Doggett         635,901    360,138        0  5,476,237
37    Imam            210,983    110,414        0    100,518
38    Hunt          2,039,403    708,280        0  1,555,065
38    Klussman         17,865        385    7,000     17,479
38    Alexander        11,892      6,462        0      5,429
38    Reed             11,377        192    6,496     11,184

Some of these races have a lot of candidates, and in some of those cases I limited myself to people who raised a noticeable amount of money. Most but not all races have both Republicans and Democrats listed – the incumbent is listed first followed by other candidates from that party, if any. In the case of open seats like CDs 15 and 34, I listed the Democrats first since those are Democratic seats.

The two races that the DCCC has focused on as potential pickups are CDs 23 and 24. Leading candidates John Lira and Derrik Gay had raised respectable amounts so far, but if you look at the October reports you can see they didn’t add all that much to their totals. They spent more than they took in over the past three months, not terribly surprising given that they’re in contested races (Lira’s opponent didn’t report anything), but it means they’ll be starting way in the hole. If they don’t pick it up considerably in this quarter it won’t much matter anyway.

I’m a little surprised that State Rep. Jasmine Crockett hasn’t raised more in CD30, as she is the candidate endorsed by outgoing Rep. Eddie Bernice Johnson, but she was only an official candidate in that race for five weeks, so in that context she did pretty well. In the likely event of a runoff, we’ll see what her April report says. On the Republican side, I expected more from Keith Self, who was Collin County Judge and whose candidacy was fueled by the grievance of Rep. Van Taylor voting for the January 6 commission. I guess his buddy Ken Paxton is in no position to lend him a hand right now. Rebecca Viagran is the one San Antonio candidate in a district with two Austin heavyweights duking it out. You’d think that might be a good path to getting into a runoff, but her fundraising doesn’t reflect that.

Donna Imam had been running in CD31 as of the October report, but switched to the new CD37 when her old district became less hospitable. I expect she’ll join a long list of candidates who got their heads handed to them by Rep. Lloyd Doggett, but you don’t know till you try. All of the Dems in CD38 were late filers in the race, so they had less than three weeks to collect cash. If this were 2012, the eventual winner of that primary would struggle to raise more than about $50K over the entire year. This is not a race that Dems have any expectation of winning, but I’ll be interested to see if the nominee here can do better than their long-longshot counterparts from a decade ago. My theory is that after two exciting cycles and a fair amount of engagement and organization, there should be a higher base level of support for candidates like these. We’ll see how dumb that theory turns out to be.

I did not comment on the absurd fundraising total of Rep. Dan Crenshaw last time. I will do so this time: That’s a lot of money. Whatever else you might say about the guy, he’s a fundraising machine. Spends a lot of it, too – I don’t look at the report details, so I can’t say where it’s going. But anyone who can rake it in like that, you have to think he’s got his eye on a statewide run, maybe in 2024 if Ted Cruz makes good his threat to run for President again. He does have three primary opponents, who combined to raise less than $50K. He also occasionally says things that make the most rabid of Trump minions howl with rage, so the possibility exists that he could underperform against that collection of no-names. I would not expect it to amount to anything, but it might provide a bit of fodder for the pundits.

Interviews and judicial Q&As through February 4

Updating from last week. This is to put all of the interviews and judicial Q&As in a single post for your convenience, in case you missed something. This past week was CD38 plus Candis Houston in HD142 and Chase West in HD132. Next up, for the final week of interviews, will be two Land Commissioner candidates, Jinny Suh and Jay Kleberg. After that, I still have several Q&As and will run them till I run out. As noted before, I will likely do some more interviews for the runoffs.

Here’s the interview list so far, followed by the judicial Q&As. As a reminder, much more information about Democratic primary candidates, including links to the interviews and judicial Q&As, can be found on Erik Manning’s spreadsheet. Thanks to CityCast Houston for the recent shoutout in the newsletter and on the podcast. Let me know if you have any questions.

Interviews

Aurelia Wagner, HD147
Danielle Bess, HD147
Jolanda Jones, HD147
Nam Subramanian, HD147
Reagan Flowers, HD147

Ben Chou, Harris County Commissioners Court Precinct 4
Ann Williams, Harris County Commissioners Court Precinct 4
Gina Calanni, Harris County Commissioners Court Precinct 4
Lesley Briones, Harris County Commissioners Court Precinct 4
Clarence Miller, Harris County Commissioners Court Precinct 4

Dylan Osborne, Harris County Treasurer (Incumbent)
Carla Wyatt, Harris County Treasurer
Marilyn Burgess, Harris County District Clerk (Incumbent)
Desiree Broadnax, Harris County District Clerk

Sen. John Whitmire, SD15
Molly Cook, SD15

Duncan Klussman, CD38
Diana Martinez Alexander, CD38

Candis Houston, HD142
Chase West, HD132

Judicial Q&As

Kyle Carter, 14th Court of Appeals, Place 2

Judge Chuck Silverman, 183rd Criminal District Court
Judge Abigail Anastasio, 184th Criminal District Court
Lema Barazi, 189th Civil District Court
Judge Scott Dollinger, 189th Civil District Court
Judge Greg Glass, 208th Criminal District Court
Samuel Milledge, 228th Criminal District Court
Judge Chris Morton, 230th Criminal District Court
Judge Tristan Longino, 245th Family District Court
Angela Lancelin, 245th Family District Court
Judge Hilary Unger, 248th Criminal District Court
Dianne Curvey, 280th Family District Court
Judge Barbara Stalder, 280th Family District Court
Judge Chip Wells, 312th Family District Court
Teresa Waldrop, 312th Family District Court
Judge Natalia Oakes, 313th Family District Court
Glenda Duru, 313th Family District Court
Alycia Harvey, 482nd Criminal District Court

David Patronella, County Civil Court At Law #4
Porscha Natasha Brown, County Criminal Court At Law #3
Judge Kelley Andrews, County Criminal Court At Law #6
Judge Andrew Wright, County Criminal Court At Law #7
Erika Ramirez, County Criminal Court At Law #8
Judge David Singer, County Criminal Court At Law #14
Judge Michael Newman, County Probate Court #2

Chris Watson, Justice of the Peace, Precinct 1 Place 2
Blair McClure, Justice of the Peace, Precinct 2 Place 2
Judge Lucia Bates, Justice of the Peace, Precinct 3 Place 2
Herbert Alexander Sanchez, Justice of the Peace, Precinct 3 Place 2
Ashleigh Roberson, Justice of the Peace, Precinct 3 Place 2

Interview with Diana Martinez Alexander

Diana Alexander

My second interview for the Democratic primary in CD38 is with Diana Martinez Alexander, who is an educational diagnostician in Cy-Fair ISD, working with special education students, linguistically diverse populations, and lower socio-economic communities. She’s also a dedicated activist and community organizer, leading or working with efforts to send postcards to the Texas Capitol, connecting volunteers to Houston immigrant families and organizations such as Casa Juan Diego, and fighting for fair representation on the Spring Branch ISD Board of Trustees. She ran in the Democratic for Commissioners Court in Precinct 3 in 2020, and you can listen to the interview I did with her for that here. You can listen to the interview I did with her for this race below, after I remind you that there won’t be a third interview in this race because Centrell Reed declined the opportunity. Tune in tomorrow and Thursday for interviews with Candis Houston in HD142 and Chase West in HD132. Here’s Diana:

As with the judicial Q&A’s, more information about Democratic primary candidates, including links to the interviews and judicial Q&As, can be found on Erik Manning’s spreadsheet. I will periodically round up the links to these posts as well.

Interview with Duncan Klussmann

Duncan Klussmann

This week we will have interviews with two of the Democratic candidates in the new CD38, as well as a couple of interviews with legislative candidates, about which I’ll say a bit more tomorrow. Today’s candidate for CD38 is Duncan Klussmann, a retired educator and former Superintendent of Spring Branch ISD. Klussman is a native of Brenham and a graduate of UT and Stephen F. Austin State University. He’s a resident of Jersey Village, where he has served on their City Council, and he was named a Houstonian of the Year for 2014 by the Chronicle. My interview with him is below, but I want to note before we get to it that candidate Centrell Reed declined the opportunity to do an interview, so that’s why there will only be two of them for this race. Here’s our conversation:

As with the judicial Q&A’s, more information about Democratic primary candidates, including links to the interviews and judicial Q&As, can be found on Erik Manning’s spreadsheet. I will periodically round up the links to these posts as well.

Vote No and take the dough

It’s as Republican as insurrection and hydroxychloroquine.

Rep. Kay Granger, R-Texas, last year left little doubt why she was voting against a $1 trillion bipartisan infrastructure measure, calling it nothing more than a “socialist plan full of crushing taxes and radical spending.”

Yet, when the U.S. Army Corps of Engineers announced on Wednesday that very same infrastructure bill would be funding a $403-million flood control project in her district in the Fort Worth area, Granger wasted no time in hailing the effort.

“This is a great day for Fort Worth,” she said in a statement. She did not mention where the Army Corps was getting the money but thanked the agency for its “hard work and tireless commitment” to making her community safer.

Granger is not the only Republican cheering on projects generated by a bill that she voted to kill. In recent days, at least four other Republican members of Congress have praised initiatives made possible by the infrastructure law they opposed. Political analysts say they are not likely to be the last.

“Infrastructure remains a relatively nonpartisan issue, so even though those lawmakers may have not voted for the bill, they still have to answer to their constituents, and they want to align themselves with things that are popular,” said Cynthia Peacock, a professor of political communications at the University of Alabama.

[…]

Granger, the Texas Republican who commended the Army Corps of Engineers for addressing flooding problems, defended her vote against the legislation, saying she “wasn’t against this project.”

“I was against some of the other parts of that bill,” Granger said in a Thursday news conference.

I mean, sure, that’s one way to go about it. There’s also the Gene Wu approach, which gives you legitimate input into the process and enables you to secure at least some of your priorities, even if they come wrapped in a bill you otherwise don’t like. Lord knows, the Dems would have welcomed that collaboration, which they did manage to get in the Senate. To be sure, that route will not be popular with the seething masses of Republican primary voters, but that’s a much bigger problem within the Republican Party, and I can’t help you with it. If you are going to do it this way, you can and should be criticized for it.

And just to prove that this kind of hypocrisy is endemic:

Yes, what Rep. Crenshaw is doing here is perfectly legal. It makes absolutely no sense to ban elections administrators from doing this same exact thing, but that never stopped the vote suppressors. “It’s fine when I do it and it’s a travesty when you do it” is the logic here, and as you can see it’s pretty much impossible to argue with.

UPDATE: Crenshaw has gotten pilloried for this, not that it matters. Cognitive dissonance is a powerful thing.

Supreme Court to hear whether state redistricting lawsuit can proceed

Here’s the update I’ve been waiting for. Not what I was hoping for, but it is what it is.

The state’s bid to toss a legal challenge arguing last year’s GOP-led redistricting effort violated the Texas Constitution is headed to the state Supreme Court, which accepted the case Friday.

The all-Republican Supreme Court set oral arguments on March 23, well after the March 1 primary election.

The Legislature’s GOP mapmakers last fall approved new political lines that could cement Republicans’ grip on power for the next decade and blunt the voting strength of nonwhite voters who fueled Texas’ population surge.

As federal lawsuits over the new maps pile up, some Democrats are focusing on fights in state court. In two combined cases, a group of mostly Democratic, Latino lawmakers from both chambers challenged the constitutionality of when and how Republicans drew the boundaries.

After two days of oral arguments in December, a three-judge state district court ruled against temporarily blocking the new legislative maps, but set a trial for January. Texas then appealed the court’s denial of its motions to dismiss the case, putting the trial on hold.

The lawmakers’ attorneys said they don’t seek to overturn the maps for the 2022 election cycle but argued for expedited resolution of the appeal “to allow sufficient time for the parties to litigate the merits before the 2023 legislative session.”

“For decades, MALC has defended the freedom to vote and equal access to the ballot box. We are not surprised that (Texas Attorney General) Ken Paxton would attempt to undermine our members and the millions of Texas voices they represent,” said state Rep. Rafael Anchia, chair of the Mexican American Legislative Caucus, one of the challengers against the maps.

[…]

The consolidated case was assigned to a special three-judge panel of Democrat Karin Crump and Republicans Emily Miskel and Ken Wise. If the state Supreme Court affirms the lower court’s decision, “the parties need sufficient time to return to the special three-judge district court, obtain a final judgment, and complete any appeal from that judgment,” the challengers said in a filing.

See here for the previous update. I’ve been scouring the news for the past two weeks because I knew that proposed trial date was coming up. I had not seen an item about the state’s appeal, so the lack of news about the trial was confusing to me – was this really not being covered, or was there a delay of some kind. Turns out it was the latter. Maybe if I’d spent more time on Twitter I might have seen something to that effect, but too much time on Twitter is its own hazard. Point is, this litigation will not derail the March primaries. Like the litigation over Harris County Commissioners Court redistricting, it may eventually end with a ruling that will force a change to the new maps, but it cannot and will not affect this election.

Anyway, so SCOTx will decide whether to toss the two combined lawsuits or to allow the trial to proceed. Hopefully they will do this in a timely manner, so that we might have a resolution in time for the 2023 legislature to address any remaining questions. Which, let’s be clear, could be a double-edged sword, though at least on the county line question it’s more likely to be good for Democrats if the plaintiffs win and the districts in Cameron County need to be redrawn. And speaking of timing, SCOTx accepted this appeal on the same day that they also accepted the SB8 litigation from the Fifth Circuit. Thanks, I hate it.

One more thing, on a side note:

That’s the Sen. Powell lawsuit. So there is still one thing that could throw a kink into the March primaries. I’ll keep an eye on that.

“Unprecedented” meddling in the Census

They weren’t subtle about it.

A newly disclosed memorandum citing “unprecedented” meddling by the Trump administration in the 2020 census and circulated among top Census Bureau officials indicates how strongly they sought to resist efforts by the administration to manipulate the count for Republican political gain.

The document was shared among three senior executives including Ron S. Jarmin, a deputy director and the agency’s day-to-day head. It was written in September 2020 as the administration was pressing the bureau to end the count weeks early so that if President Donald J. Trump lost the election in November, he could receive population estimates used to reapportion the House of Representatives before leaving office.

The memo laid out a string of instances of political interference that senior census officials planned to raise with Wilbur Ross, who was then the secretary of the Commerce Department, which oversees the bureau. The issues involved crucial technical aspects of the count, including the privacy of census respondents, the use of estimates to fill in missing population data, pressure to take shortcuts to produce population totals quickly and political pressure on a crash program that was seeking to identify and count unauthorized immigrants.

Most of those issues directly affected the population estimates used for reapportionment. In particular, the administration was adamant that — for the first time ever — the bureau separately tally the number of undocumented immigrants in each state. Mr. Trump had ordered the tally in a July 2020 presidential memorandum, saying he wanted to subtract them from House reapportionment population estimates.

The census officials’ memorandum pushed back especially forcefully, complaining of “direct engagement” by political appointees with the methods that experts were using to find and count unauthorized noncitizens.

“While the presidential memorandum may be a statement of the administration’s policy,” the memo stated, “the Census Bureau views the development of the methodology and processes as its responsibility as an independent statistical agency.”

[…]

Kenneth Prewitt, a Columbia University public-affairs scholar who ran the Census Bureau from 1998 to 2001, said in an interview that the careful bureaucratic language belied an extraordinary pushback against political interference.

“This was a very, very strong commitment to independence on their part,” he said. “They said, ‘We’re going to run the technical matters in the way we think we ought to.’”

The officials’ objections, he said, only underscored the need for legislation to shield the Census Bureau from political interference well before the 2030 census gets underway. “I’m very worried about that,” he said.

See here and here for some background; I wrote about Census-related topics and shenanigans a lot while it was happening. We got lucky this time around, but there’s no reason to believe our luck will hold. My advice would be to put some criminal penalties in for the various forms of interference and intimidation that the Trump thugs used, and don’t require proof of intent for the crime to have occurred. My advice would also be to prioritize democracy and good governance over ant-democratic Senate trivia, but what do I know? Texas Public Radio and Mother Jones have more.

Bypass the GLO

Heck yeah.

All five members of Harris County Commissioners Court signed onto a letter Friday asking the local congressional delegation to ensure that future disaster relief bypasses the state government and goes directly to large counties.

The letter is the latest round of bipartisan outrage in Houston triggered by the Texas General Land Office’s decision last May to initially shut out the city and the county — the epicenter of flooding caused by Hurricane Harvey — from $1 billion in flood control dollars later awarded to Texas after the 2017 storm.

The letter suggests that Congress or a federal agency require future disaster relief go directly to counties with at least 500,000 residents, instead of being administered by state agencies.

The court’s two Republicans, Commissioners Jack Cagle and Tom Ramsey, joined the court’s Democratic majority — County Judge Lina Hidalgo and Commissioners Rodney Ellis and Adrian Garcia — in signing the letter. Cagle and Ramsey had been sharply critical of fellow Republican George P. Bush, who runs the GLO, after the agency declined to award any money to the city or county.

In the letter, the five court members wrote that a direct allocation of federal aid would “bypass potential bureaucratic delay caused by various Texas agencies and by other entities that will harm our ability to have quick and efficient implementation.”

They did not mention the GLO by name, though the letter was sent to Harris County’s nine-member congressional delegation one week after federal officials halted the distribution of nearly $2 billion in flood control funds to Texas because, they said, the GLO had failed to send in required paperwork detailing its plans to spend the money.

I mean, based on past experience, why would we want to do it any other way? The GLO isn’t just not adding value here, they’re actively reducing it. It’s not a surprise that even the Republican commissioners signed on to this.

On a more philosophical note, a lot of federal relief funds that are targeted at cities and counties and school districts and whatnot have had to go through the state first. For the most part, with COVID funds, the Lege mostly rubber stamped it without much fuss. I know there had been concerns with the pace at which Harvey recovery funds had been spent and homes were being repaired – indeed, there are still a lot of unrepaired homes after all this time – but it seems that a big part of that problem has been having multiple layers of government involved, which led to conflicts and delays and issues getting funds to the people who needed them the most. Indeed, that story also cites issues with the way the GLO interacted with the city of Houston. With COVID relief there were issues with unemployment funds having to go through rickety state systems, no direct way to get other relief funds to people who didn’t have bank accounts, and so forth. There are bigger issues, having to do with underlying infrastructure, that are a big part of this. But even factoring that out, putting states in charge of distributing federal relief funds to localities has been a problem. More so in some states than in others. I don’t know what we can do about that, given everything else going on right now. But we really should do something.

On primarying the quorum breakers

Of interest.

Working Families Party, a political party and relative newcomer to Texas politics that backs Democrats aligned with their platform, aims to spend in the ballpark of half a million dollars this cycle, WFP Texas Co-director Pedro Lira told the Signal.

Much of that money will go to door-to-door canvassing.

“At the end of the day, when you can really connect with people face to face, that’s really what motivates people to get out to vote,” Lira said. “We’re trying to build a real base of working class people. You can’t do that without involving those people.”

[…]

In partnership with CWA and Texas Organizing Project, WFP is also bankrolling “Texans for Better Dems,” a new political action committee that will primary Democrats in the state legislature who returned from Washington D.C. to restore quorum, a move that caused a rift in the state party and led to the creation of the Texas Progressive Caucus.

“We were incredibly proud of the Democrats who fled the state to deny Republicans quorum. It’s exactly the kind of leadership that we need from our elected officials,” Lira said. “We were also just as disappointed to see some of those Democrats come back. And it’s because those Democrats gave Republicans quorum that bills like the abortion ban and the anti-voting legislation were able to pass.”

Lira said the PAC was created specifically to primary those Democrats.

This was a thing I wondered about, and had seen some speculation about a few months ago when the quorum was freshly broken and tempers were high. I tried to keep an eye on it during the filing process, but there was a lot to keep up on, and if any WFP-backed candidates were out there, they didn’t make their presence known in a way that was visible to me. Now that we’re well past the filing deadline, let’s revisit this.

The first question is who the potential targets would be. I did a little digging into who among the Dems were here during the quorum break in Special Session #1, and who came back during Special Session #2 to bring the attendance count to the required level – this was in response to a private question I was asked. Long story short, I trawled through the daily journals on the Texas Legislature Online site, and found enough record votes to mostly fill in the picture.

For the first special session, I identified the following Dems who were present in Austin: Ryan Guillen, Tracy King, Eddie Morales, John Turner, Abel Herrero, Terry Canales, and Leo Pacheco. (There’s one I can’t identify; I suspect it was Harold Dutton, but he shows up in the next session, so it doesn’t really matter.) Guillen is now a Republican, Pacheco has since resigned, and Turner is not running for re-election. According to the SOS Qualified Candidates page, none of the others have primary opponents.

For the second special session, we can add these legislators, who were either there from the beginning or who showed up while the quorum was still not established: Dutton, Art Fierro, Mary Gonzalez, Bobby Guerra, Oscar Longoria, Eddie Lucio Jr, Joe Moody, James Talarico, Garnet Coleman, Armando Walle, and Ana Hernandez. Lucio and Coleman are not running. Talarico is running in a different district, HD50, which is open now that Celia Israel is running for Mayor of Austin. Fierro was paired with Claudia Ordaz Perez in redistricting. Of the rest, only Dutton and Gonzalez have primary opponents, and Dutton was a target well before the quorum break issue. Gonzalez, who has had primary challengers in the past as well for other reasons, faces someone named Rene Rodriguez, about whom I could find nothing. If the goal was to primary these Democrats, it sure doesn’t look like that goal was achieved.

Now, the WFP may well be playing a longer game. As we know, there wasn’t much time between the passage of the new maps and the start of filing season. Maybe they decided it was better to wait until 2024, or maybe they decided to focus more on races like CD35 (they have endorsed Greg Casar) and CD30. Maybe they’ll back Ordaz Perez and David Alcorta, the other candidate in HD50. Who knows? If they intended to make a bigger splash than that, I’d say they came up short. We’ll see what happens after this election.