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Michelle Beckley announces for Congress

Interesting.

Rep. Michelle Beckley

State Rep. Michelle Beckley, one of the House Democrats who is camped out in Washington, D.C., announced Tuesday that she is challenging U.S. Rep. Beth Van Duyne, R-Irving, a national Democratic target.

Beckley unveiled her plans in a video filmed inside a hotel room in the nation’s capital, where House Democrats fled earlier this month to break quorum in protest of Republicans’ priority elections bill. In the video, Beckley contrasted her commitment to the voting rights battle with Van Duyne’s vote earlier this year to object to the 2020 election results in Pennsylvania.

“Beth Van Duyne can walk away from her duty to defend democracy, but not me,” Beckley says.

Beckley launched her campaign with endorsements from 30 fellow House Democrats, including caucus Chair Chris Turner and Joe Moody, whom House Speaker Dade Phelan, R-Beaumont, removed as speaker pro tem in retaliation for the quorum break.

Beckley is the second serious Democratic opponent that Van Duyne has attracted. Earlier this month, she drew a challenge from Derrik Gay, a Carrollton tax lawyer and former intelligence officer in the Marine Corps.

You can find Beckley’s announcement video here. The quorum break is sure to come up in any campaign, so she’s correct to address it head on. Derrik Gay made his announcement on July 6. We don’t know what CD24 will look like, but it’s already a DCCC target, and it seems reasonable to think it will be competitive in 2022.

We also don’t know what Beckley’s HD65 will look like. She won 51.2 to 48.8 in 2018, and 51.5 to 48.5 in 2020, and as we have discussed, it’s the biggest mover in a Dem direction in Denton County. But not the only big mover, and that means the Republicans’ choices in map-drawing are not obvious. As Scott Braddock notes, until we have a clear idea of what all the districts will be, someone who holds one office and announces for another has room to change their mind if the numbers say they should. So we’ll see. Either way, there should be plenty of interest in CD24.

Ground Game Texas

This is good, too.

Julie Oliver

Some of Democrats’ biggest regrets about the 2020 election in Texas had to do with organizing. It was not consistent throughout the cycle — and usually isn’t in any cycle. It was supplanted by TV ads at the end. And it was hampered by the coronavirus pandemic.

Now, with the backing of the state’s most prominent Democrats, two former congressional candidates are trying to turn those regrets into action.

The candidates, Julie Oliver and Mike Siegel, are launching a new nonprofit called Ground Game Texas that will focus on year-round organizing on progressive issues, aiming to fill what they see as a statewide void for their party. The group starts off with a $1 million investment from Register2Vote, a national nonprofit that the two already help lead.

“There’s no off years and there’s no off cycles, and folks need to stay engaged year-round,” Siegel said in an interview, adding there is “kind of a tendency among Democratic activists” to get involved only in presidential-election years or high-profile down-ballot contests like the 2018 U.S. Senate race. “The Republican Party doesn’t do that. They never stop.”

Ground Game Texas will organize Texans around issues rather than candidates, with a focus on what Siegel and Oliver are calling “workers, wages and weed” — issues like raising the minimum wage and legalizing marijuana that poll well but are not reflected by Republican policymakers in the state. A February University of Texas/Texas Tribune Poll found that 60% of registered voters in Texas support legalizing some amount of marijuana for any use. A similar number in April expressed support for increasing the federal minimum wage.

The group expects to throw its weight behind local ballot initiatives, which often involve a lot of ground work such as collecting signatures for petitions to put the issues on a ballot. Siegel said he has already had conversations about proposals in 10 cities — places like Mission, Bedford and Elgin. The leading ideas there, he said, are decriminalizing marijuana and creating funding for climate jobs.

[…]

Ground Game Texas is launching with the support of three of the best-known Texas Democrats: Julián Castro, Wendy Davis and Beto O’Rourke, who said in a statement that the new group “is going to meet Texans where they are at to listen to them about the issues that matter most.” And it starts with an advisory board that includes Davis; rising-star state Reps. James Talarico of Round Rock and Jasmine Crockett of Dallas; and longtime party stalwarts such as former Agriculture Commissioner Jim Hightower and Texas AFL-CIO president Rick Levy.

The advisory board additionally features Democrats who ran in nationally targeted districts last year and suffered some of the toughest losses, like Candace Valenzuela, who narrowly lost to now-U.S. Rep. Beth Van Duyne, R-Irving.

Both Oliver and Siegel have firsthand experience with the challenges Democrats faced last election cycle. They both performed surprisingly well when they ran against Republican incumbents in 2018 — Oliver against U.S. Rep. Roger Williams of Austin and Siegel against Rep. Michael McCaul of Austin. In 2020, both ran again, only to lose by larger margins.

In 2020, both gained the backing of the Democratic Congressional Campaign Committee, which named them to its Red to Blue program for promising challengers. But they remain skeptical of the committee’s priorities.

“[The DCCC] doesn’t really invest in this sort of infrastructure building that Mike and I did in our campaigns,” Oliver said. “That strategy is so different between the DC strategy and the Texas strategy. … The DC strategy doesn’t really work here in Texas, so we want to do year-round organizing.”

The DCCC announced Monday that it was including Texas in an initial seven-figure investment nationally in on-the-ground organizing, calling it the “earliest ever organizing investment of this scale and scope in DCCC’s history.” The committee said it would target areas in Texas such as Dallas, Houston and the Rio Grande Valley, where Democrats notably underperformed last year.

As I’m sure you can guess, I approve of the issues they are focusing on. I very much think there’s ground to be gained by pushing real marijuana reform, and by “reform” I mean decriminalization, if not legalization. People across the board want it, and the single biggest impediment to it is Dan Patrick. I’m more skeptical of raising the minimum wage as a winning issue – note that the polling question is about whether one supports raising the federal minimum wage, not whether one supports raising the minimum wage in Texas – but am happy to push the idea. I trust that the focus on local ballot initiatives is a starting point, because that’s not going to get very far and any success they have is certain to wind up in court, if not in legislative pushback.

Putting emphasis on organizing when three’s not an actual election going on is a good and long-needed idea as well. Lots of people complain that no one talks to them about issues and what’s important to them outside of a “please vote for me” context, so this addresses that gap. We may find out that a lot of these people prefer being left alone most of the time, but there’s no way to know until you try. The bigger point here is that by having this kind of campaign infrastructure be year-round, you’re not having to rebuild from scratch every other year.

We’ve certainly seen various initiatives, promising various kinds of new engagement, come and go over the years. I’m sure that no matter what happens in 2022, in two years’ time I’ll be reading about yet another new effort to organize and engage and register. That’s fine, and it doesn’t mean that what came (and possibly went) before now was wasted or useless. We’ve had to try a lot of things, and to see what works and what doesn’t, we’ve learned from past experiences, and we have made a lot of progress even if the statewide breakthrough hasn’t happened yet. It would be much more concerning to me if we weren’t seeing new efforts like this, spearheaded in part by new additions to the political team, popping up and making news. We all have options for how we want to get involved now. Find the one that works best for you and get into it.

Checking in on CD06

Wingnuts attack!

Rep. Ron Wright

State Rep. Jake Ellzey, R-Waxahachie, is suddenly under intense fire from his right flank as he has emerged as a leading candidate in the special election to replace the late U.S. Rep. Ron Wright, R-Arlington.

The Club for Growth, the national anti-tax group, is spending six figures trying to stop him ahead of the May 1 contest, and on Tuesday, U.S. Sen. Ted Cruz voiced opposition to Ellzey, one of 11 Republicans running.

“Texans in CD-6 deserve a strong conservative voice in Congress,” Cruz said in a statement to The Texas Tribune. “Jake Ellzey’s financial support from never-Trumpers, openness to amnesty, and opposition to school choice should concern Texans looking for a conservative leader.”

Cruz’s team provided the statement after the Tribune asked for the senator’s position on the race, a lingering point of interest after another GOP candidate, Dan Rodimer, began his campaign last month while reportedly claiming Cruz’s encouragement to run. Cruz has not endorsed a candidate in the race.

Early voting began Monday for the special election to fill the seat of Wright, who died in February after being hospitalized with COVID-19. There are 23 candidates total, and other top GOP contenders include Wright’s widow, Susan Wright, as well as Brian Harrison, the former chief of staff at the U.S. Department of Health and Human Services under President Donald Trump. There are 10 Democrats running, and they are hoping to advance to an all-but-guaranteed runoff and then flip the Republican-leaning seat.

But for now, Ellzey is the center of attention, at least on the GOP side. Ellzey has been building momentum in recent days, and campaign finance reports released Monday showed that he was not only the top fundraiser from either party but that he also had more money in the bank for the homestretch than any other candidate. Ellzey raised $504,000 in under two months and had $400,000 cash on hand as of April 11.

That reminds me that I need to look at the Q1 finance reports, to see how other candidates did, and how much money there is overall. Whatever there was for the first round, you can bet there will be much more for the runoff, especially if it’s D versus R. Towards that end, generally ignore the polls.

The jungle primary for the Texas 6th special election is just under 2 weeks away, and we have a poll, so everyone is freaking out. The source of the trouble is that the lead Democrat is perilously close to the 2nd Republican, raising fears that the GOP could get two candidates ahead of the lead Democrat, and guarantee a victory before the runoff. This is a theoretical possibility, but not actually a real problem, because that poll should not be taken seriously.

This is a district that is 52% white by population – remember, this is an Arlington And Other Shit district, as I referred to it the first time I wrote about it – which has sizable Black (20%) and Hispanic (22%) populations. This district was Cruz +3 and Trump +3, but while the Tarrant portion of the district barely moved, from Beto +11.5% to Biden +11.9%, that elides a lot of the shift under the hood, with Beto doing better in the urban Arlington areas while Biden did better in the white suburbs, a fact that should surprise nobody. None of this is a shock.

The district contains a bit of the DFW quad – the bottom right corner of Tarrant, and this map from Jackson Bryman shows how the very minimal topline swing is actually two counterbalancing swings, as it is in the whole of the DFW Quad.

Now, I know what you’ll be saying – a district that’s 52% white by population will be more white than that when you apply a voter screen on it, and I don’t disagree. Echelon Insights released some electorate composition projections before 2020 in a handful of Congressional Districts, and their screen moved the (similarly ethnically diverse) Texas 22nd about 10% points whiter when comparing populations to electorates, which would make the 6th about 62% white, give or take. Seems reasonable enough to me, maybe a bit high if you think that Trumpian low-propensity whites and Hispanic don’t turn out, maybe a bit low if Black turnout sags. But yeah, something like a 60-65% white electorate would be reasonable.

This poll was 75% white.

[…]

So, what’s the actual state of play in the Texas 6th? Democrats will presumably make the runoff with Jana Lynne Sanchez, the GOP will get one of their potential nominees through, and Democrats are still the underdogs to actually flip the seat, but not out of the game by any means. This poll was R+10 when they asked just a generic D/R ballot test, which would represent a 2% swing to the GOP, but this is an overly white sample from a GOP pollster, so my prior – a swing to the Democrats from the 2020 Congressional result and a better result for the GOP as compared to the Presidential – is still the likeliest outcome.

I’ve seen references to this poll, which was sponsored by a right-wing publication. It’s not worth worrying about, even if it were a better poll sponsored by a better organization. Special elections are chaotic enough, and with so many candidates in the race the range of outputs is immense. Not many votes could easily be the difference between second place and third or fourth or fifth. I also believe that a two-party runoff is the most likely outcome, but two Rs and even two Ds could happen, if there’s sufficiently even distribution among the top contenders. Who knows?

DCCC starts with two targets in Texas

Consider this to be written in chalk on the pavement, pending the new Congressional maps.

Rep. Beth Van Duyne

The Democratic Congressional Campaign Committee announced Tuesday that it will target two Republican-held districts in Texas — the ones currently held by Reps. Tony Gonzales of San Antonio and Beth Van Duyne of Irving. They were one of 22 districts nationwide that the committee included on its 2022 target list, which it emphasized as preliminary due to redistricting.

Last election cycle, the DCCC sought to make Texas the centerpiece of its strategy to grow its House majority — and came up woefully short. They initially targeted six seats here and later expanded the list to 10 — and picked up none of them.

Van Duyne’s and Gonzales’ races ended up being the closest. Van Duyne won by 1 percentage point to replace retiring Rep. Kenny Marchant, R-Coppell, while Gonzales notched a 4-point margin to succeed Rep. Will Hurd, R-Helotes, who was also retiring.

The shape of those races remains very much in question more than a year and a half out from Election Day, most notably because Texas lawmakers are expected to redraw congressional district lines in a special session of the state Legislature later this year. Texas is on track to gain multiple congressional seats due to population growth. Republicans control the redistricting process and may be be able to make Gonzales’ and Van Duyne’s seats more secure.

On paper, Van Duyne’s 24th District looks to be the most competitive in 2022. It was the only GOP-held district in Texas that Democratic President Joe Biden won — and he carried it by a healthy margin of 5 points. The DCCC has already run TV ads against Van Duyne this year.

Biden, meanwhile, lost Gonzales’ 23rd District by 2 points. The 23rd District is a perennial swing seat that stretches from San Antonio to near El Paso and includes a large portion of the Texas-Mexico border.

As noted, the Republicans have their target list as well, which will also be affected by whatever the final maps look like as well as any retirements. CD24 is an obvious target, but if the map were to remain exactly as it is now I’d have several CDs higher on my list than CD23 at this point based on 2020 results and demographic direction. I’d make CDs 03, 21, 22, and 31 my top targets, with CDs 02, 06 (modulo the special election), and 10 a rung below. I’d put CD23 in with that second group, but with less conviction because I don’t like the trend lines. Again, this is all playing with Monopoly money until we get new maps.

Just to state my priors up front: I believe there will be electoral opportunities in Texas for Congressional candidates, though they will almost certainly evolve over the course of the decade. I believe that if the economy and President Biden’s approval ratings are solid, the 2022 midterms could be decent to good, and that we are in a different moment than we were in back in 2009-10. I also know fully well that the 2022 election is a long way off and there are many things that can affect the national atmosphere, many of them not great for the incumbent party. I was full of dumb optimism at this time in 2009, that’s for sure. I also had extremely modest expectations for 2018 at this point in that election cycle, too. Nobody knows nothing right now, is what I’m saying.

How much should Dems try to compete in the CD06 special election?

Let’s make sure someone gets to the runoff, then we can worry about that.

Rep. Ron Wright

Democrats running to replace the late U.S. Rep. Ron Wright, R-Arlington, believe they can flip the seat in an unpredictable off-year special election. But Democrats at large are not as sure — or willing to say it out loud.

That is becoming clear as campaigning ramps up for the May 1 contest, when 23 candidates — including 11 Republicans and 10 Democrats — will be on the ballot in Texas’ 6th Congressional District. With so many contenders, the race is likely to go to a mid-summer runoff, and Democrats involved hope they can secure a second-round spot on their way to turning the district blue.

While Democrats have cause for optimism — the district has rapidly trended blue in recent presidential election results — some are urging caution. They are mindful of a few factors, not the least of which is a 2020 election cycle in which high Democratic expectations culminated in deep disappointment throughout the ballot.

“We’re not counting our chickens before they hatch and we’re gonna work to earn every vote,” said Abhi Rahman, a Texas Democratic strategist who previously worked for the state party. “This is not a bellwether. This is the first of many battles that will eventually lead to Texas turning blue.”

With just under a month until early voting begins, national Democrats are showing few outward signs that they are ready to engage in the race, even as candidates and their supporters press the case that the district is flippable. They point out that Trump carried the district by only 3 percentage points in November after winning it by 12 points in 2016. Mitt Romney carried the district by 17 points in 2012.

“It absolutely is a competitive race,” said Stephen Daniel, the 2020 Democratic nominee for the seat, who opted against running in the special election. He added he thinks that national Democrats need “to get involved because I think the more resources you have to get out there and help you reach these voters can only help.”

On the flip side, Wright, who died in February weeks after testing positive for the coronavirus, won the seat when it was open in 2018 by 8 points and by 9 points in 2020. Both times the seat was a target of the Democratic Congressional Campaign Committee, though the designation came late in the cycle and the group did not spend significant money in either election.

And while Trump carried the district by only 3 points in November, every other statewide Republican candidate, including U.S. Sen. John Cornyn, won it by more comfortable margins ranging from 6 to 8 points.

Yes, it’s a big field, and Democratic-aligned groups like Emily’s List are currently staying neutral since there are multiple female candidates and they don’t usually take sides in that kind of situation. (The AFL-CIO endorsed Lydia Bean, so not everyone is biding their time.) For what it’s worth, there have been a couple of polls released so far, the first on behalf of Jana Sanchez showing her comfortably in second place (and thus in the runoff) and the second on behalf of Lydia Bean that also showed Sanchez in second place but with about half the support and much closer to both Bean and to GOPer Jake Ellzey. Both have Susan Wright, the widow of Rep. Ron Wright, in first place. While I agree that Susan Wright is the likely frontrunner, I would caution you to not take any CD06 poll too seriously.

The Dem candidates so far are being cordial to one another, which is the right strategic move at this time. The best outcome from a strictly utilitarian perspective is for one of them to separate from the pack and be in good position to make it to overtime. After that, I do think there should be an investment by the national players in this race, if only to keep pace with the GOP entrant. Special elections in reasonably mixed districts are all about turnout, and it wouldn’t take that much to sneak past the finish line. By any reasonable objective, this is a Lean R district, but it’s far from hopeless. Step one is having someone to be there for the runoff. Everything else is just details.

January 2021 campaign finance reports: Congress

Should have done this a long time ago, just to close the books on the 2020 election cycle, but for a variety of reasons I didn’t. With the forthcoming special election in CD06, I now have a reason to care about the April finance reports for Congress, so I may as well cross this off the list. The October 2020 finance reports can be found here, and you can get the links to all the earlier posts from there.

MJ Hegar – Senate

Lizzie Fletcher – CD07
Colin Allred – CD32

Hank Gilbert – CD01
Sima Ladjevardian – CD02
Lulu Seikaly – CD03
Stephen Daniel – CD06
Elizabeth Hernandez – CD08
Mike Siegel – CD10
Adrienne Bell – CD14
Rick Kennedy – CD17
Wendy Davis – CD21
Sri Kulkarni – CD22
Gina Ortiz Jones – CD23
Candace Valenzuela – CD24
Julie Oliver – CD25
Carol Ianuzzi – CD26
Donna Imam – CD31


Dist  Name             Raised      Spent    Loans    On Hand
============================================================
Sen   Hegar        29,597,569 29,558,486        0     86,564

07    Fletcher      6,405,639  6,386,609        0     61,096
32    Allred        5,777,600  5,721,622        0    159,422  

01    Gilbert         968,154    734,410   50,000    233,744
02    Ladjevardian  3,894,082  3,886,672   50,000      7,410
03    Seikaly       1,654,380  1,654,038    3,000        341
06    Daniel          681,820    678,976        0      2,833
08    Hernandez        17,407     15,160        0      1,985
10    Siegel        2,942,987  2,898,827  127,835     47,651
14    Bell            248,995    245,174        0      8,920
17    Kennedy         216,825    218,253        0          0
21    Davis        10,428,476 10,366,864  257,967     61,611
22    Kulkarni      5,781,704  5,772,741        0     36,731
23    Jones         6,918,062  7,005,280        0      4,300
24    Valenzuela    4,945,025  4,933,058        0     11,967
25    Oliver        2,228,218  2,214,190    2,644     14,027
26    Ianuzzi         121,500    121,500   44,361          0
31    Imam          1,242,218  1,242,218        0          0

I’m not going to spend too much time on this since all these races are over and we know what happened, but a few observations:

– I don’t know what Hank Gilbert has planned for that $233K he has left over, but I hope he intends to do something with it. We’re going to need some dough in a lot of races next year.

– I’d like to see an autopsy done on how all this money was spent. It was a weird year, and a lot of money that would have been spent on field wound up going to other uses, so maybe it will be hard to draw meaningful conclusions, but still. I have no doubt that some candidates spent their money better than others, and that some candidates had much higher overhead costs than others. We should get a better picture of what happened here.

– I say that because I think the 2020s are much more likely to have multiple competitive races throughout the decade, in a way that we didn’t in the 2010s. If so, we’re going to see a much higher baseline of campaign contributions overall than what we were used to. So again, let’s have some confidence that our candidates and their campaigns are spending it well.

– MJ Hegar got off to a slower start than Beto did in raising money for her Senate campaign, but almost $30 million is real money, enough to run a credible statewide race. We’re going to need that kind of money for at least a couple of our statewide candidates next year.

– The 2022 Congressional campaign is going to be much more compressed than the last few have been, since we won’t know until this fall what the districts look like, and that’s without taking any litigation into account. Who even knows when we’ll begin to see potential candidates make themselves known?

That’s about all I have. I’ll check the Q1 2021 reports to see who’s raised what for the May 1 CD06 special, and we’ll see what if anything is interesting after that.

Come one, come all to the CD06 special election

Now that is what I call a field.

Rep. Ron Wright

A crowd of 23 candidates — including 11 Republicans and 10 Democrats — has filed for the May 1 special election to fill the seat of the late U.S. Rep. Ron Wright, R-Arlington, according to the secretary of state’s office.

The filing deadline was 5 p.m. Wednesday. The race also attracted one independent and one Libertarian.

The GOP field saw a last-minute surprise. With less than an hour until the deadline, Dan Rodimer, the former professional wrestler who ran as a Republican for Congress last year in Nevada, arrived at the secretary of state’s office in Austin to file for the seat.

“We need fighters in Texas, and that’s what I’m coming here for,” Rodimer told The Texas Tribune. “I’m moving back to Texas. I have six children and I want them to be raised in a constitutional-friendly state.”

Some of the other candidates had already announced their campaigns, most notably Wright’s widow, longtime GOP activist Susan Wright. Other prominent Republican contenders include state Rep. Jake Ellzey of Waxahachie and Brian Harrison, the former chief of staff at the U.S. Department of Health and Human Services under President Donald Trump.

On Tuesday evening, one potential major GOP candidate, former Trump campaign adviser Katrina Pierson, announced she was not running.

On the Democratic side, the field includes Jana Lynne Sanchez, the 2018 Democratic nominee for the seat; Lydia Bean, last year’s Democratic nominee against state Rep. Matt Krause, R-Fort Worth; and Shawn Lassiter, a Fort Worth education nonprofit leader.

See here and here for some background. The full list of candidates can be found at the end of the story. A field this size tends to defy analysis, but we’ll get some idea of who has legs and who doesn’t when we see the Q1 finance reports, which will include whatever fundraising activity these folks can muster up for the rest of the month. I do feel confident saying there will be some separation evident from that. Just getting your name out there, and distinguishing yourself from the almost two dozen (!) other candidates will be a heck of a challenge.

An early analysis of the CD06 special election

Four your perusal.

Rep. Ron Wright

So, this is the part where I say the take I’ve had in my head since the seat opened up – Joe Biden should have won the district, and it was a fairly pathetic result to lose by 3. The district – a diverse, socially liberal seat without too many whites without a degree should have gone blue. What we can’t say with certainty, but I feel very confident about, is that Biden’s numbers with white voters and Beto’s numbers with Hispanics would have left the seat as a dead tie, because Beto outran Biden by 14% with Hispanics, and correcting that would move the seat left by about 3%. If Biden had managed to actually meaningfully advance off 2018 with college whites, the district is his, and honestly, it would be so fairly easily. That inability to convert those voters at the pace or speed that many expected, led by polls that just entirely missed reality, was a shock.

Given my prior beliefs – that rural whites and low propensity Hispanics won’t turn out like they did in 2020 – I feel pretty good in saying that the electorate that will vote on special election day (and in the weeks before) will be an electorate that would have voted for Joe Biden. I expect Tarrant to cast a greater share of votes this year than 2020, I expect the % of the electorate with a college degree to rise, and I expect Black voters in the district to be motivated to continue the arduous work of bailing out white America, because that seems to be the life that white America demands of them. That said, I don’t think Democrats are favoured – after all, the GOP did outrun Biden/Trump by 5% downballot.

There are three wrinkles in this conversation, which all matter. The first is that the widow is running, which could engender some sympathy from voters, making this election a harder data point to extrapolate from, and the second is a related point, which is that I have no idea who the Democratic nominee will be. I can’t pretend to be too eager to run the guy who managed to underrun Joe Biden by 5% again, but I’m not sure who would be better. Neither of those issues radically change my assessment of this race.

My first thought, from the moment the race unfortunately triggered, was that we would get a result better for Democrats than November 2020 and not good enough to credibly contend, in other words, a 3-5% loss with a couple of tied internals that gets certain parts of Twitter excited. That remains my prediction – something between the Presidential result and the House result, one that is good news for Democrats but not great news, or inarguably good for them. Again, I expect the GOP to win this seat. But I won’t be surprised if they lose it, because of the third wrinkle this race has seen.

The third wrinkle to this race – don’t worry, I hadn’t forgotten about it – is the song of fire and ice that Texas had to live with (and, in many places, is still living with). Or, maybe better, the song of ice and ice. The cold snap has exposed the state as woefully unprepared for huge amounts of snow, which leads to debatable positions on how southern states should prepare for freak snowstorms. That Texans got absolutely fucked by ERCOT, and are staring at 5 figure power bills that are a fucking disgrace, is not up for similar debate. This debacle – and the way that Democrats from AOC to Beto have stepped up to the plate, while Ted Cruz cut and run to Cancun – has the potential to sour people on the Texas GOP, especially if the threat of people actually having to pay those sorts of expenses is still hanging in the air on voting day.

Emphasis in the original, and see here and here for some background. Stephen Daniel, the 2020 candidate alluded to above, is not running, but 2018 candidate Jana Sanchez, who trailed Beto by about three points in 2018, is running. I agree that probably doesn’t matter that much, but for what it’s worth, I think it’s more that Ron Wright, who had previously been the Tax Assessor/Collector in Tarrant County, ran ahead of the GOP pack more than Daniel and Sanchez ran behind. That advantage likely transfers to Susan Wright, but it may vanish if she finishes out of the money. The filing deadline is today, so we’ll see how big and potentially chaotic this field will be.

The CD06 field is already big

Pretty common for this kind of special election.

Rep. Ron Wright

The race to replace the late U.S. Rep. Ron Wright, R-Arlington, has already attracted a crowd of candidates — and more are expected in the coming days.

Even before Gov. Greg Abbott announced Tuesday that the special election would be May 1, Democrats and Republicans were lining up for the seat, and as of Wednesday, at least 10 contenders had entered the contest. They range from the obscure to well-known, most notably including Wright’s widow, Susan Wright, who made her bid official Wednesday morning.

The filing deadline is a week away — 5 p.m. March 3.

The district has been trending Democratic in statewide results, though Ron Wright won his races comfortably, and national Democrats are now faced with the decision of how hard to push to flip the district in the special election. Last year, the Democratic Congressional Campaign Committee targeted 10 GOP-held districts in Texas — including Ron Wright’s — and captured none of them.

Still, some Democrats see opportunity.

The district “fundamentally changed as the Republican Party has changed,” said one of the Democrats running, Jana Lynne Sanchez, the 2018 nominee for the seat.

For Republicans, the race could turn into a referendum on the direction of their party after the presidency of Donald Trump, who has connections to at least two potential contenders. So far, though, much of the discussion on the GOP side of the contest has centered on the candidacy of Susan Wright, who starts off as the most formidable-looking candidate and was already collecting endorsements Wednesday.

[…]

On the Democratic side, the first to declare was Sanchez, who faced Ron Wright for the congressional seat when it was open three years ago and lost by 8 points. When Sanchez announced her special election campaign on Feb. 16, she said she had already collected $100,000 for the race.

“I am the only candidate who will be able to raise the money that’s necessary,” she said in an interview.

Sanchez was followed by fellow Democrats Shawn Lassiter, an eduction nonprofit leader in Fort Worth, and then Lydia Bean, the Democratic nominee last year against state Rep. Matt Krause, R-Fort Worth. Lassiter, who was previously running for the Fort Worth City Council, released a launch video Wednesday morning in which she speaks directly to the camera, inside a powerless home, about the leadership failures that led to the Texas winter weather crisis last week.

A fourth Democratic candidate, Matthew Hinterlong of Dallas, filed FEC papers for the seat later Wednesday.

See here for the background. The Republican side includes Susan Wright, Jake Ellzey, Sery Kim, and the two guys you’ve never heard of, Mike Egan and John Anthony Castro. Multiple others may join in, such as Katrina Pierson, Brian Harrison, Arlington Mayor Jeff Williams, and Manny Ramirez, president of the Fort Worth Police Officers Association. Having that many Republicans in the race eases my fear somewhat about multiple Dems splitting the vote too finely for any of them to make it to a runoff, but it does not alleviate it altogether. As to whether the DCCC or other national groups get involved, I’d be hard pressed to imagine them sitting it out in a D-versus-R runoff, but they may very well keep their powder dry until then. We’ll see how big this field gets.

Susan Wright appears ready to run in CD06

She’d likely make a strong candidate.

Rep. Ron Wright

Susan Wright, the wife of the late U.S. Rep. Ron Wright, R-Arlington, is getting close to launching a campaign for his seat and could announce her bid as soon as this week, according to two people close to the family who were not authorized to speak on the record about her plans.

Ron Wright died earlier this month after living for years with cancer and testing positive for the coronavirus in January. His funeral was Saturday.

His death triggers a special election in the increasingly competitive 6th Congressional District. Gov. Greg Abbott has not yet scheduled the special election, but it is likely to happen May 1 or sooner.

Susan Wright, who was not immediately available for comment, is a longtime GOP activist who serves on the State Republican Executive Committee. She also contracted COVID-19 recently and was hospitalized, though she was discharged before her husband’s death. She was “by his side” when he died Feb. 7, his campaign said.

[…]

It remains to be seen whether national Democrats will make a serious push in the special election. The Democratic Congressional Campaign Committee, which targeted the district last election cycle, is “looking at” competing in the special election, committee chair Sean Patrick Maloney said in a Washington Post interview published last week.

Jana Lynne Sanchez, the Democrat who lost to Ron Wright by 8 points in 2018, has already announced she is running in the special election. Wright’s 2020 challenger, Stephen Daniel, has not ruled out a run. He lost by 9 points in November.

See here, here, and here for the background. I don’t know anything about Susan Wright, but she brings some obvious advantages to the race if she chooses to run. She would also likely discourage other viable Republicans from getting into the race, which would make her path easier. I still think this would be a competitive election, but one in which the Republicans would be favored. I say it’s worth some investment, though I can understand the reluctance to go all in on a relative longshot. Still early days, we’ll see how it goes when the special election date is set.

Republicans have their own Congressional targets for 2022

I have three things to say about this.

Rep. Lizzie Fletcher

Fresh off a 2020 election cycle in which they held the line against an ambitious Democratic campaign to capture U.S. House seats in Texas, national Republicans are signaling they’ll go on the offensive here in 2022, with an emphasis on South Texas.

The National Republican Congressional Committee, the campaign arm of House Republicans, announced Wednesday that it’s targeting five Texas Democrats in the U.S. House as they seek to regain their majority in 2022. The list of targets is three more than the GOP seriously targeted last year and includes three Democrats in South Texas where the party underperformed in November.

The first round of 2022 pickup opportunities includes the seats held by Reps. Colin Allred of Dallas, Henry Cuellar of Laredo, Lizzie Fletcher of Houston, Vicente Gonzalez of McAllen and Filemon Vela of Brownsville. There are 47 seats total on the initial national target list.

Allred and Fletcher flipped their seats in 2018 and fended off major Republican challenges last election cycle when they were also NRCC targets. Cuellar, Gonzalez and Vela, however, are new to the national GOP radar after President Joe Biden carried their traditionally blue districts by surprisingly small margins, part of trend of Democratic underperformance across South Texas last year that alarmed the party.

Republicans are especially emboldened after the NRCC’s Democratic counterpart, the Democratic Congressional Campaign Committee, targeted 10 GOP-held seats in Texas last election cycle and won none.

[…]

The DCCC has not yet named its 2022 targets in Texas, though it has already included freshman U.S. Rep. Beth Van Duyne, R-Irving, in an early attack ad campaign. Van Duyne won her seat in November by under 2 points.

1. The Democrats went big in 2020 following the very successful 2018 election, in which they came closer than expected in several districts that had seemed way out of reach before, including a couple where they had run undistinguished and underfunded candidates (basically, CD24). The Republicans are now trying to do the same. It’s what I’d do in their position, but as we can attest, past performance does not guarantee future results.

2. Of course, the Republicans can help put a thumb on the scale in the redistricting process. Some early maps have suggested that at least one of those South Texas seats could be made a lot redder. Things can and almost certainly will change between now and when the final maps are signed into law, not to mention the first attempts to litigate them. The NRCC isn’t committing to anything now, they’re just trying to raise a few bucks. There’s nothing like a thirsty target list to get donor hearts beating.

3. I’ve said it before but it bears repeating: The national atmosphere will have a big effect on who becomes a legitimate target and who is a mirage. In our sample of two Trump-era elections, Democrats did much better when Trump himself was not on the ballot, which will be the case in 2022. That’s also the first Biden midterm, which usually bodes well for the opposition party. On the other hand, if COVID has largely been beaten back and the economy is roaring again, that’s great for the Dems. And on the other other hand, the Republicans can claim that success for themselves here in Texas, as its ruling party. In other words, nobody knows nothin’ yet.

October 2020 campaign finance reports: Congress

This is it, the last quarterly finance report roundup for the cycle. It’s been quite the time, hasn’t it? Let’s do this and see where we are as voting continues. The January 2019 roundup is here, which closed out the 2017-18 election cycle, the April 2019 report is here, the July 2019 report is here, the October 2019 report is here, the January 2020 report is here, the April 2020 report is here, and the July 2020 report is here. For comparison, the January 2018 report is here, the April 2018 report is here, and the July 2018 report is here. The FEC summary page for Congress is here and for the Senate is here.

MJ Hegar – Senate

Lizzie Fletcher – CD07
Colin Allred – CD32

Hank Gilbert – CD01
Sima Ladjevardian – CD02
Lulu Seikaly – CD03
Stephen Daniel – CD06
Elizabeth Hernandez – CD08
Mike Siegel – CD10
Adrienne Bell – CD14
Rick Kennedy – CD17
Wendy Davis – CD21
Sri Kulkarni – CD22
Gina Ortiz Jones – CD23
Candace Valenzuela – CD24
Julie Oliver – CD25
Carol Ianuzzi – CD26
Donna Imam – CD31


Dist  Name             Raised      Spent    Loans    On Hand
============================================================
Sen   Hegar        20,579,453 12,121,009        0  8,505,926

07    Fletcher      5,673,282  4,115,705        0  1,599,643
32    Allred        5,060,556  3,477,172        0  1,686,828  

01    Gilbert         595,890    321,193   50,000    274,697
02    Ladjevardian  3,102,882  2,373,600   50,000    729,282
03    Seikaly       1,143,345    580,360    3,000    562,985
06    Daniel          558,679    396,453        0    162,225
08    Hernandez
10    Siegel        1,994,611  1,712,734        0    285,368
14    Bell            226,601    196,623        0     35,078
17    Kennedy         190,229    161,093    8,103     30,563
21    Davis         7,917,557  6,035,908        0  1,881,649
22    Kulkarni      4,663,288  2,941,745        0  1,749,310
23    Jones         5,893,413  3,877,366        0  2,107,566
24    Valenzuela    3,589,295  2,601,580        0    987,715
25    Oliver        1,599,523  1,102,297    2,644    497,225
26    Ianuzzi         129,145     91,293   53,335     37,852
31    Imam          1,000,764    620,512        0    380,251

These totals are just off the charts. Remember how in the 2018 cycle I was freaking out as one candidate after another topped $100K? Here we have nine challengers to incumbent Republicans that have topped one million, with the tenth-place challenger still exceeding $500K. For that matter, nine out of those ten outraised their opponents in the quarter, though several still trail in total raised and/or cash on hand. I’ve run out of synonyms for “unprecedented”. All this is without accounting for DCCC and other PAC money being spent. Who could have imagined this even as recently as 2016?

The one question mark is with the incumbent Dems, as both Rep. Lizzie Fletcher and Rep. Colin Allred were outraised for the quarter. Both took in over $1.2 million apiece, so it’s not like they slacked, and they both maintain a cash on hand lead while having spent more. I don’t know what to make of that, but I’m not terribly worried about it. Republican money has to go somewhere.

MJ Hegar raised $13.5 million this quarter, and there’s some late PAC money coming in on her behalf. I wish she had been able to raise more earlier, and I wish some of the excess millions that are going to (very good!) Senate candidates in much smaller and less expensive states had come to her instead, but she’s got what she needs to compete, and she’s got a competitive race at the top of the ticket helping her, too. We don’t have a Senate race in 2022, and someone will get to run against Ted Cruz in 2024. All I can say is I hope some folks are thinking about that now, and taking some initial steps to build on what Beto and MJ have done before them.

I don’t have a whole lot to say otherwise, because these numbers speak for themselves. I mean, remember when we were a little worried about the ability of candidates like Lulu Seikaly and Julie Oliver and Donna Imam to raise enough money? Seems like a long time ago now.

Let me end with a thought about the future. Will what we saw in 2018 and 2020 carry forward? 2022 is the first post-redistricting election, so with new districts and the likelihood of some open seats, there should be plenty of action. We did see a fair amount of cash being raised in 2012, after all. If there are many more Dem incumbents, it’s for sure there will be more money flowing in. We’ll have to see how many competitive races there are beyond that. What I do know is that we have definitively proven that this can be done, that quality candidates can be found and they will be supported. We had the power, and we figured out how to use it. Hard to believe that will go away.

The overlooked Congressional race

There are ten Congressional races involving Republican-held seats that are seen as competitive. Nine of them have gotten a fair amount of attention. The tenth is CD06, and the Texas Signal steps in to fill the gap.

Stephen Daniel

The race in the Texas sixth congressional district between challenger attorney Stephen Daniel and incumbent Rep. Ron Wright has been chugging along, under the radar from other clashes in the state. However, many pundits have looked at the district, which includes parts of Arlington, as well as Waxahachie and Corsicana, and have proclaimed it’s a sleeper for flipping, something Daniel himself sees in the final weeks of the campaign.

In 2018, Jana Lynne Sanchez ran for the seat. It was the first time in years a serious Democratic challenger had entered into the race. In the documentary film Surge, which recently premiered in Texas at the Dallas International Film Festival and is airing on Showtime, filmmakers chronicle the battle Sanchez endured to raise money and to get people interested in a race many deemed out of reach.

Sanchez came within seven points of Wright. Two years later, several polls are showing an even tighter race between Daniel and Wright, a combative Texas conservative and the former Chief of Staff to Rep. Joe Barton, who retired from the seat after explicit photos appeared on social media. Wright was recently hospitalized after complications from lung cancer treatment.

Wright has said that women who have abortions have committed murder and should be jailed. As a former columnist for the Fort Worth Star-Telegram, he said that “white males are the only species without some form of federal protection.” Like most Republicans in Congress, he supports dismantling the Affordable Care Act. Texas currently leads the nation in the number of uninsured, and since the COVID-19 pandemic, more than 650,000 Texans have lost their health insurance.

Access to healthcare prompted Daniel to enter into the race against Wright. In an interview with the Texas Signal, he spoke about his background growing up in a small town and being the first person in his family to go to college. “There’s a lot of people who flat out can’t afford healthcare,” said Daniel.

[…]

Like every campaign, Daniel and his team had to adjust to the pandemic era. He misses the in-person experience of block walking, where he could personally connect with voters. He particularly enjoyed campaigning alongside statehouse candidates. There are five competitive races in the sixth congressional district. Now, that campaigning has moved to Zoom and other virtual settings.

Daniel is optimistic. “The path to turning Texas blue goes through Texas sixth [district],” he said. Nearly seventy percent of the voting bloc in the district is in Arlington and Tarrant county. He sees firsthand how voters in the district are changing. The DCCC recently added the race to their Texas target list.

There was one poll of this race, done by the DCCC back in June, that had Wright up by four points, 45-41. The DCCC Executive Director mentioned CD06 as a race to watch a couple of weeks ago, for whatever that means. Daniel has been a modest but decent fundraiser who would need some help to get a boost. (I have not heard anything about his Q3 report as yet.) I should note that Beto lost CD06 by a 51.2 to 48.0 margin, which made it closer than the more-touted CDs 03 (51.3 to 47.9) and 25 (52.1 to 47.0), with that pattern holding true for other races as well. I don’t know exactly why CD06 has gotten less attention than the other races – Daniel was unopposed in the primary, so there hasn’t been much to report on – but that’s the way it is sometimes. However you want to look at it, this is a race to keep an eye on.

On a side note, seven of the ten Democratic candidates in those competitive races are women. Daniel, along with Mike Siegel in CD10, is vying to join Rep. Lloyd Doggett as the white Democratic Congressmen from Texas. I believe the last time there were as many as three white male Democratic members of Congress from Texas was 2009-10, when then-Reps. Chet Edwards and Gene Green were still serving. Nick Lampson had been there in the prior session, in that election where Tom DeLay withdrew and the Republicans ran Shelley Sekula Gibbs as a write-in, but he lost to Pete Olson in 2008. Edwards was wiped out in 2010, and Green retired prior to the 2018 election.

It’s Julie Oliver week

Julie Oliver, the Democratic candidate in CD25, is getting a fair bit of attention this week. First, there’s this Statesman story about what her path to victory looks like.

Julie Oliver

On a recent Zoom fundraiser with Beto O’Rourke, Democratic congressional candidate Julie Oliver was asked what the campaign was doing in the vast rural stretches of a district that extends 220 miles from Hays to Tarrant counties.

“We’re doing everything we did before the pandemic except knocking on doors and having rallies, so we’re connecting with people throughout the district,” said Oliver, an Austin lawyer and former health care executive. “Y’all that live in Austin might not be able to see what is happening in rural Texas. But that’s what’s exciting. The Democrats that have been scared to be Democrats for years and years and don’t tell their neighbors are now loud and proud. And even more than that, Republicans who have lost their party are loud and proud.”

Two years ago, Oliver came within 9 points of defeating U.S. Rep. Roger Williams, R-Austin.

Williams won reelection in 2016 by nearly 21 points. In 2018, Oliver won 20,000 more votes than Kathi Thomas, the 2016 Democratic nominee, while Williams drew 18,000 fewer votes than he had two years previous.

Most of Oliver’s gains came from winning 15,500 more votes in Travis County, even as Williams’ total declined by 6,500 votes.

But, beyond Travis County, there are all or part of 12 other counties in the 25th Congressional District, and, of those, Oliver only prevailed in the small slice of Bell County by Fort Hood, and only has any chance of adding to the win column this November the western portion of Hays County that lies in the district.

The other counties are mostly rural and extraordinarily hard country for Democrats.

“I do not envision Julie Oliver being in the 20s in Hamilton County,” said Lucas Robinson, the Republican chair in the county, which provided Oliver only 509 votes in 2018, the fewest of any the districts’ counties.

That’s 15.5%, a 2% improvement from 2016.

“We are very, very, very Republican county,” said Robinson, an attorney and businessman. “And I don’t get any sense that that’s changing. In fact, it’s probably improving for Roger, this time around, simply because it’s the presidential year and people are quite fired up in my estimate for Trump.”

[…]

The 25th is the most starkly polarized of the six districts that each carve a piece out of Austin, complicating Oliver’s task as she seeks to overtake Williams.

With growth in the district factored in, Oliver probably has to claim nearly half as many more votes than she received in 2018 to win.

“I think she’s a good candidate, and by running twice, she’s in a more advantageous position than someone who no one in the district has ever cast a ballot for,” said Josh Blank, research director the Texas Politics Project at the University of Texas, who lives in the 25th.

But he said, “Ultimately, Roger Williams’ task is much easier than Julie Oliver’s, because his success relies on mobilizing reliable voters, as much as he possibly can, while dinging her slightly along the way with voters who might be on the fence, of who they were going to be very few.”

Democrats, on the other hand, are “trying to become competitive by mobilizing groups of voters who are defined by their low propensity in most cases to vote. If you are a voter of low socio-economic status, working multiple jobs, and in need of health care, the Democrats definitely would be very attractive to you, but voting is not your No. 1 priority.”

Oliver cannot overlook any opportunity.

“We’re at a place in America where every election is a base election, every election is about mobilizing your core partisans, if not for you, at the very least, against the other guy,” Blank said. “And as we get closer or more competitive in any place, and Texas is an example of that, ultimately, it does come down to margins.”

That means trying to reduce the magnitude of Williams’ advantage even in places like Hamilton County, while assiduously courting and increasing the ranks of the more than 72,000 new voters in the 25th since the last election, and synchronizing efforts with overlapping state legislative campaigns that are more invigorated than in the past.

My interview with Julie Oliver is here in case you missed it. I generally agree with Josh Blank, in that CD25 has a much greater rural aspect than the other Democratic pickup opportunities. That said, the rural part of CD25 isn’t growing by nearly as much as the more Dem-friendly parts of the district:


County        2016      2018     2020
=====================================
Bosque       12,002   12,209   12,264
Burnet       29,587   31,072   32,208
Coryell      37,644   38,635   39,539
Erath        21,537   22,492   23,063
Hamilton      5,467    5,611    5,714
Hill         22,825   22,743   22,924
Johnson      91,725   97,157  102,458
Lampasas     13,786   14,099   14,728
Somervell     6,018    6,287    6,482

Bell        186,533  195,760  204,863
Hays        121,326  134,403  144,314
Travis      725,035  775,950  829,305

I skipped Tarrant County, as there’s just a tiny piece of it in CD25. Bell, Hays, and Travis are only partly in CD25, and I can’t say how much of their growth is in this district. I feel confident saying that Hamilton County, which had 66% turnout in 2016 and 61% in 2018, will not be the major contributor to a Roger Williams victory, if that is what is in the cards. It’s Johnson County (net 28K to Williams in 2018, followed by Burnet (+10K to Williams), Coryell and Hill (+6K each) that are Oliver’s biggest obstacles. If she can hold those margins down while building on the +42K net she got in Travis and the +3K in Bell (Hays was minus 3K for her, but that was an improvement on 2016; I’d say the goal is to break even here), she can win. A challenge to be sure, but it’s doable.

Meanwhile, the Texas Signal has a nice long profile on Oliver.

In the inevitable-looking saga of Republicans losing power in Texas, there would be no sweeter stroke of fate than Julie Oliver toppling Congressman Roger Williams.

A healthcare finance analyst turned Democratic candidate, Oliver is running one of the most progressive campaigns in Texas that include support for the Green New Deal, Medicare for All, abolishing private and for-profit prisons, and going after dark money in politics.

To prove the latter, Oliver is saying no to all political action committee money. Not just corporate PAC money, but PAC money from the major unions and agreeable political action groups that have endorsed her, such as the Texas AFL–CIO, Our Revolution, Working Families, Moms Demand Action and Planned Parenthood Action Fund.

Oliver’s commitment to the no PAC money pledge goes as far as sending back checks, sometimes worth only $100 or $200, to small Democratic clubs that support her.

“You don’t have to have millions of dollars in cash to win,” Oliver told the Signal, citing the elections Alexandria Ocasio-Cortez, Jamaal Bowman and Cori Bush — three progressives that defeated more moderate, well-funded incumbent Democrats in safely blue districts during their primaries due to grassroots fundraising and organizing.

Oliver held the same pledge in 2018 during her first bid for Congress against Williams. She raised an impressive $644,928, but fell 9 percentage points short on Election Day — not exactly a nailbiter, but a significant improvement from her predecessor in 2016 who lost by 20 points.

“I’ve heard from some people in the Democratic Party who are like, ‘oh that’s foolish, you’ll have to take PAC money this time,’” Oliver said. “And I’m like, mm-hmm, we’ll see about that.”

Primaries are not the same as general elections, but Oliver has done very well with this approach. She’d already outraised herself from the 2018 cycle as of Q2 and appears to be on her way to topping $1 million in total receipts. That’s pretty damn impressive, especially since the large majority of her donations have come from Texas. The main thing this money, and the level of engagement that has allowed her to get contributions from so many small donors, will allow her to do is to reach out to the new voters and the likely Democrats who were there but didn’t vote in 2018. That’s the kind of thing that a campaign that has resources can do.

And she may have some more resources coming her way.

Julie Oliver, the Democrat challenging U.S. Rep. Roger Williams, R-Austin, is being named to the Democratic Congressional Campaign Committee’s Red to Blue program.

“Texans know tough, and Julie Oliver has always beat the odds,” DCCC Chairwoman Cheri Bustos says in a statement. “A homeless, pregnant teenager who dropped out of high school, Julie endured to finish high school, put herself through college and law school with a young family and build a successful career.

The Red to Blue designation comes roughly a month after the DCCC expanded its Texas target list to include Williams’ 25th Congressional District and two others. The committee has now designated 10 total seats in Texas that it’s working to flip this November, and Oliver is the seventh contender in those races who’s received the Red to Blue distinction.

See here for the background. The DCCC is of course a PAC, but it does its own spending, not in conjunction with campaigns. More likely, what this means is that they will tell their donors who are looking to put their extra dollars to good use that Julie Oliver and CD25 is worth the investment. At this point in the cycle that’s going to have a fairly limited effect, but it’s a whole lot better than nothing, and a whole lot more than what anyone might have thought possible in 2018.

And just as I was finishing this draft, Texas Monthly began a series it’s calling Get To Know A Swing District, with CD25 and the Oliver/Williams rematch as its first entry. All in all, a pretty good week for Julie Oliver.

And straight ticket voting is off again

No surprise, but boy are we all getting whiplash over here.

Texas voters will not be able to select every candidate of a major political party with one punch, a federal appeals court ruled Wednesday, upholding a 2017 state law that ends the popular practice of straight-ticket voting for this year’s general election.

The Texas Legislature years ago acted to end straight-ticket voting in time for the 2020 presidential contest, but a federal judge earlier this month reinstated the practice, citing complications to the voting process caused by the pandemic.

A three-judge panel on the 5th U.S. Circuit Court of Appeals overturned that decision on Wednesday, ruling that the law ending the one-punch option should go into effect even as voters and election administrators contend with the coronavirus pandemic, citing the U.S. Supreme Court’s “emphasis that courts should not alter election rules on the eve of an election.”

“The Texas Legislature passed HB 25 in 2017, and state election officials have planned for this election accordingly. The state election machinery is already well in motion,” the judges wrote. Upholding the law and eliminating straight ticket voting, they wrote, “will minimize confusion among both voters and trained election officials.”

[…]

The opinion, which was not signed, came from a panel of three appointees of George W. Bush: U.S. Circuit Judges Edith Clement, Catharina Haynes and Jennifer Walker Elrod. The court had already paused the lower court’s ruling with a brief administrative stay, but Wednesday’s eight-page decision is a firmer word on the matter.

See here and here for the background. I don’t agree that this ruling would have been disruptive of confusing to voters, who had been used to being able to vote straight ticket, but I thought the original ruling against the plaintiffs was correct, so I’m not going to get too exercised over this. I will say, now that SCOTUS is again on everyone’s mind, that this case is a reminder that many cases get resolved well before they get to SCOTUS, or to SCOTX if we’re talking about state litigation. It’s clear that the courts we have are not going to save us. The route we need to take to fix our ridiculous voting laws is winning enough state elections to pass new and better voting laws. Whatever happens with SCOTUS, we should be plenty of motivated to do that.

Of course the Fifth Circuit paused the straight ticket voting ruling

Water is wet, the sky is blue, the Fifth Circuit gives Ken Paxton whatever he asks.

Best mugshot ever

A federal appeals court on Monday put a temporary hold on a lower court’s ruling last week that reinstated the practice of straight-ticket voting, again casting into uncertainty whether Texas voters will have the option in the Nov. 3 election to vote for every candidate of a political party with one punch. A final ruling is expected after the court weighs the arguments more thoroughly.

[…]

Early voting is set to start Oct. 13, leaving election administrators little time to make major changes to voting procedures.

U.S. District Judge Marina Garcia Marmolejo wrote that ending straight-ticket voting would “cause important delays at polling places, place Texan voters at increased risk of catching a deadly virus, and discourage voters, particularly those most vulnerable to the disease or under significant economic pressure, from exercising their rights on election day.”

The three-judge panel of the New Orleans-based 5th U.S. Circuit Court of Appeals put a momentary pause on that decision Monday while it considers the case. It set quick deadlines for both sides to submit their arguments.

The case was brought by the Texas Alliance for Retired Americans and Democratic groups.

No matter the end result, the litigation has meant hours of chaos for scores of election administrators scrambling to ready their polling places for a Texas election unlike any other.

See here and here for the background. This is what I expected, so I’m not surprised, just appropriately cynical. The court has ordered a briefing to be held on Wednesday, so at least this should be resolved quickly one way or the other. You can see why I suggested we be deliberate about discussing this. Until we get a final ruling for this election, please pour one out for the state’s elections administrators, as they chug Maalox and chain smoke while the courts meddle with their perfectly nice election. The Chron and the Statesman have more.

Paxton appeals stright ticket voting ruling

Letting no moss grow.

Best mugshot ever

The Texas Attorney General’s office filed an appeal and motion to stay Saturday following a federal judge’s order to reinstate straight ticket voting ahead of the November general election.

Lawyers representing the Texas Secretary of State argued that U.S. District Judge Marina Garcia Marmolejo erred when she ruled Friday that the elimination of straight ticket voting this year would illegally impede the ability of Texas residents to vote by causing long lines at the polls amid the COVID-19 pandemic.

The Attorney General’s office also argued the ruling came too late for elections officials to properly alter ballots.

“Eighteen days before in-person voting begins is insufficient time for election administrators in 254 counties and their vendors to meticulously re-program, re-proof, and re-test thousands of different ballot styles,” state officials wrote in their motion to stay.

[…]

Some county elections officials have issued warnings that Marmolejo’s ruling came too late in the planning process. Marmolejo found that only in-person ballots must have a straight-ticket voting option.

It is not immediately clear how quickly the U.S. Fifth Circuit Court of Appeals will act or when Marmolejo might rule on the motion to stay.

See here for the background. This was of course completely expected, and if the Fifth Circuit doesn’t break records issuing a stay of Judge Marmolejo’s order I’ll be shocked, but here we are for now. Gotta admit, Paxton complaining about the timing after his official support of reinstating Green Party candidates within a week of the supposed deadline for printing absentee ballots is a nice touch. You have to respect the dedication to his craft.

I have to admit, I’m a bit hesitant to even talk about this litigation. I don’t want to start telling people “Hey, it turns out you can vote a straight party ticket like you did before”, only to have to retract that following the inevitable Fifth Circuit action and tell people again that they need to vote in each race. I’d just like to know what the rules are so we can prepare for them. Allowing straight ticket voting again, even at this late hour, isn’t confusing, it’s what people are used to. Not having it isn’t great, but we have a message for that. Taking it away, then giving it back, then taking it away again, that’s what would suck. So for now, don’t go sharing this stuff all over social media. Wait till we know what’s for real first.

Straight ticket voting reinstated (for now)

That was unexpected.

Less than three weeks before early voting begins in Texas, a U.S. district judge has blocked the state from eliminating straight-ticket voting as an option for people who go to the polls this November.

In a ruling issued late Friday, U.S. District Judge Marina Garcia Marmolejo cited the coronavirus pandemic, saying the elimination of the voting practice would “cause irreparable injury” to voters “by creating mass lines at the polls and increasing the amount of time voters are exposed to COVID-19.”

Marmolejo also found that the GOP-backed law would “impose a discriminatory burden” on black and Hispanic voters and “create comparatively less opportunities for these voters to participate in the political process.”

She acknowledged the burden the decision could put on local and state election officials, who will have to recalibrate voting machines or reprint ballots. But she reasoned that the potential harm for those suing, including the Texas Association for Retired Americans, was “outweighed by the inconveniences resulting.”

[…]

The Texas Democratic Party joined other Democratic groups and candidates in suing the state in March to overturn the law, but Marmolejo dismissed the case. Another suit was then filed, but with the Texas Association for Retired Americans added as plaintiffs and the state party removed. Nonetheless, Democrats celebrated the judge’s order Friday.

“Time and time again Republican leadership has tried to make it harder to vote and time and time again federal courts strike it down,” Texas Democratic Party Chair Gilberto Hinojosa said in a statement after the ruling. “Texas Democrats will have to continue to win at the ballot box to protect the right vote. Until the new Texas majority wipes out these out-of-touch Republicans, Texas Democrats will never stop fighting for Texans in court.”

See here and here for the background. This was a Democracy Docket case, and so they have a copy of the original complaint and the judge’s order. The complaint wasn’t any different the second time around, but the set of plaintiffs was. Beyond that, the main difference was the extent of the pandemic since the original case was dismissed in late June. The judge cites how much worse the spread of the virus has gotten, as well as the difficulties counties had running the primary runoffs in July – fewer voting locations, harder time getting poll workers – as justification for reversing her original dismissal. She also noted the extra time it takes to vote Texas’ long ballots; I’m guessing this opinion was written a few days ago, because that recent Harris County study was not cited.

I presume this will be appealed to the Fifth Circuit before the weekend is out, and I expect they will put a stay on the order pending whatever review they’re going to do. Or maybe not, I don’t know, we’re getting awfully close to “we really need to finalize the ballot and configure the voting machines” time. The judge also noted in the ruling that it would be less confusing to the voters to restore straight ticket voting at this late time than to not have it, since we have not had such an election yet. I think the real danger of confusion is having everyone talk about this ruling for a few days and then have it blocked by the appeals court, but that’s just me. For now, we’ll be voting like it’s 2018 again. For now. The Chron has more.

CD03 poll: Taylor 44, Seikaly 43

From Nate Cohn:

All we get is Twitter for this one, any other info about the poll is behind the National Journal paywall. It’s in line with an earlier poll that had Taylor leading 43-37 and Biden up by two in the district. Seikaly’s improved performance is likely due to greater name recognition at this stage of the campaign.

I can’t analyze the poll in any meaningful way, but I can add some context to Nate Cohn’s assertion that if Biden carries CD03 he’s likely to have won Texas. Here’s a review of recent elections:

In 2012, Mitt Romney carried CD03 by a 64.2-34.1 margin, as he won the state 57.2 to 41.2.

In 2016, Donald Trump carried CD03 by a 53.8 to 39.9 margin, as he won the state 52.2 to 43.2.

In 2018, Ted Cruz carried CD03 by a 51.3 to 47.9 margin, as he won the state 50.9 to 48.3.

As you can see, CD03 was more Republican than the state as a whole, though that margin had narrowed by 2018. But if the pattern of CD03 being more Republican than the state overall holds, then it’s trivial to see that a Democrat winning in CD03 would also win statewide.

That comes with a raft of assumptions, of course. Maybe CD03 will be less Republican than the state this year. It’s been trending in that direction, and as a heavily suburban and college-educated district, that trend should continue. Perhaps this year the lines will intersect, and a Dem running in CD03 will have to win it by a certain margin in order to be able to win the state. If Biden really is winning CD03 by three points, you’d think that would be enough slack for him.

There’s one more piece of objective evidence that both this district, and by implication the state as a whole, is perhaps doing better for the Democrats than people realize:

Those are the three districts most recently added by the DCCC to their target list. You might say, the DCCC is in the business of talking up opportunities, so why should we take this as anything more than hype? Mostly because the DCCC already had its hands full in Texas – those three districts came after seven others currently held by Republicans, plus the two where Dems are playing defense. The DCCC is going to prioritize the districts where it thinks it can win, both to maximize its resources and keep its donors (and members) happy. They’re not going to go off on flights of fancy. It may be on the optimistic end of their spectrum, but if they believe there’s action there, you can expect there is.

The Green Party owes Ken Paxton a thank-you note

He did them a solid, that’s for sure.

Turns out it is easy being Green

In the legal fight to exclude minor party candidates from the November ballot, Republican Attorney General Ken Paxton took a flexible view of time and deadlines.

After the Texas GOP filed suit Aug. 21 to remove 44 Libertarians from the ballot for failure to pay a required candidate filing fee, Paxton told the Texas Supreme Court that there was plenty of time to pursue the challenge.

This week, however, Paxton told the same court that a Democratic bid to oust three Green Party candidates — filed four days before the unsuccessful GOP challenge — was begun much too late and needed to be overturned.

“The (Democrats’) dilatory conduct and unjustified delay in seeking relief imposed an undue burden on the Green Party officials,” Paxton told the court in a brief filed Monday.

[…]

[F]acing an Aug. 21 deadline to declare candidates ineligible, Democrats sued Aug. 17 to strike three Greens running for U.S. Senate, U.S. House and Railroad Commission.

The Austin-based 3rd Court of Appeals gave the Greens less than 48 hours to respond, then issued an Aug. 19 order declaring the three Green Party candidates ineligible for failure to pay the filing fee. The 2-1 ruling had two Democrats in the majority and one Republican dissenting.

The ruling drew the notice of Republican Party leaders, who quickly demanded that Libertarian leaders drop a long list of candidates for the same reason.

When those demands were rejected, Republican organizations and candidates asked the 3rd Court of Appeals to follow the precedent set in the Democratic challenge and order the Libertarians removed from the ballot.

But the GOP filed its challenge on Aug. 21, the deadline to declare candidates ineligible, and the appeals court tossed it out, ruling that there wasn’t time to hear from all parties and gather the necessary information before the deadline expired.

The GOP turned to the Texas Supreme Court, arguing that instead of challenging candidate eligibility under an expired deadline, it was challenging the Libertarians’ candidate applications as improper — giving them until Sept. 18 to seek court intervention.

Paxton, in a letter brief to the Supreme Court, agreed with the GOP interpretation of state election law.

“Under Texas law, there is still time for this Court to compel compliance,” Paxton told the court on Sept. 4.

The all-Republican Supreme Court disagreed, ruling Sept. 5 that the GOP and Paxton were looking at the wrong section of the Election Code on deadlines. The court concluded that the Libertarians could not be removed from the ballot because the GOP challenge was filed too late.

[…]

Then on Friday, the Green Party asked the Supreme Court to reinstate its three candidates, arguing that like the GOP, the Democrats relied on the wrong part of the Election Code, rendering their challenge void as well.

The court asked Paxton’s office for its opinion.

In Monday’s response, filed 10 days after arguing that the GOP had not acted too late in challenging Libertarian opponents, Paxton urged the court to reinstate the Green candidates because the Democrats waited too long to act and because the 3rd Court of Appeals engaged in a rushed process that didn’t give the Greens, other political parties and other candidates time to weigh in.

“The 3rd Court abused its discretion,” Paxton wrote.

The Supreme Court’s one-paragraph order to reinstate the Green candidates did not explain the court’s rationale.

See here for the background. We expect SCOTX to publish its opinion on this ruling today, so we may get some idea if it’s all a bunch of sophistry or if they can make a principled argument that the Greens were deprived of their right to respond to the Dems’ legal action in a timely manner, which was a part of the ruling against the GOP in the Libertarian purge attempt. That Ken Paxton was willing to be morally and conveniently flexible on the subject should come as no surprise, given everything we know about him and his character. The Republican Party of Texas has a longstanding willingness to help the Greens whenever they think it might benefit them. This time that support came from an elected official instead of a deep-pocketed donor. Whatever works.

There was a debate in the comments of the last post about ranked choice voting (RCV) being a solution to this kind of legal gamesmanship. The theory is that since the people who voted Green or Libertarian (or independent, or whatever else may have been on the ballot) would still be able to express their electoral support for whichever major party candidate they like as their backup selection, which in turn would reduce the incentive for the major parties to bump them off the ballot. The logic has merit, though the lack of RCV around the country means there’s no data to test that hypothesis.

In this case, the argument that had been made by both the Ds and the Rs is that the other parties’ candidates had violated the law by not paying the newly-mandated filing fees – you may note, the Dems did not challenge the three Greens who did pay their filing fees, just the three candidates who had not – and there is a long history of candidates being challenged because they failed to meet eligibility requirements. If the filing fee law continues to survive the lawsuits against it, and there are Greens and Libertarians who refuse to comply with it in 2022, I would fully expect them to be taken to court again, surely in a more expeditious fashion, and I would expect that even in an RCV-enabled world. This is a basic tool in the political toolbox, one that I would not expect to go away if the method of determining the winner of an election changes. That too is a testable question, and perhaps one day we’ll have an answer for it. For now, that’s how I see it.

SCOTX puts Greens back on the ballot

That sound you hear is my head spinning.

The Texas Supreme Court has ordered three Green Party candidates to be restored to the November ballot after Democrats successfully sued to remove them.

Last month, a state appeals court sided with the Democrats, who were seeking to kick the candidates off the ballot because they had not paid filing fees. The three candidates are David Collins for U.S. Senate, Katija “Kat” Gruene for Railroad Commission and Tom Wakely for the 21st Congressional District.

The Texas Green Party appealed the decision to the state Supreme Court, which ruled Tuesday that the secretary of state “shall immediately take all necessary actions to ensure these candidates appear on the” November ballot. The Supreme Court did not give its rationale, but said a full opinion was forthcoming.

It is the latest development in a spate of legal battles over third parties on the November ballot. At issue is a new requirement that third parties pay filing fees like Democrats and Republicans do. The law, passed last year by the Legislature, is the subject of multiple legal challenges, and many third-party candidates had not paid filing fees amid the pending litigation.

A state appeals court upheld the 2019 law last week.

While the Democrats were initially successful in booting the three Green Party candidates off the ballot, Republicans more recently failed in their bid to remove 44 Libertarians from the ticket for a similar reason. In rejecting the GOP effort earlier this month, the Supreme Court said the party waited too long to raise the issue.

[…]

It is crunch time for finalizing ballots across the state, with a Saturday deadline for counties to mail overseas and military ballots. The state’s most populous county, Harris County, wrote to the Supreme Court on Monday saying that “it is too late to make changes,” even if the court acted that day.

In an email sent to county election officials shortly after the Supreme Court’s ruling, the Texas secretary of state indicated that counties that had already sent out mail ballots would need to send a corrected version “as soon as possible.”

“The Supreme Court’s ruling and ballot change will not be an acceptable excuse for missing the [Sept. 19] deadline,” wrote Keith Ingram, the state’s director of elections. “That deadline must still be met.”

State law requires corrected ballots to include both a written notice explaining the change and instructions to destroy “defective” ballots that have not yet been returned to a county. A defective ballot returned to the county will be counted if a corrected ballot is not returned in time.

See here and here for the background on the Dems’ effort to boot those three Green candidates, and see here and here for more on the Republicans’ failed effort to boot the Libertarians. A fourth Green candidate had withdrawn from the ballot before all this started because he had voted in the Democratic primary this year.

My first reaction on seeing this news was that it was awfully late in the game for further changes to the ballot. Looking at the case filings, the writ was filed by the Greens on September 11, the Dems had till the 14th to respond, and the ruling came down on the 15th. I’ll have an opinion on the ruling when it is available, but until then all I can do is shrug. It is what it is. You can read this Twitter thread, which began with the original rulings in the two cases, for some more context. The Chron has more.

CD31 poll: Carter 43, Imam 37

Another interesting Congressional race poll.

Donna Imam

With less than two months to go until Election Day, an increasing number of eyes are looking toward Texas, where Republicans are fighting to keep their grip on the once-reliably conservative state.

There is perhaps no better sign of Texas’ shift toward Democrats than what’s happening in the state’s 31st Congressional District. The previously deep red district north of Austin has shifted dramatically in recent years, and a new poll obtained exclusively by COURIER shows incumbent Rep. John Carter (R-Texas) is vulnerable.

The poll, conducted by Public Policy Polling (PPP), found Carter leading challenger Donna Imam by only six points, 43-37 among 831 voters in the district. Libertarian Clark Patterson and Independent Jeremy Bravo tallied 10% of the vote combined, while 11% of voters remained undecided.

Imam performs particularly well with independent voters, leading Carter 44-28. She also appears to have significant room to grow, as 53% of voters said they were unsure whether or not they had a favorable opinion about her.

The poll also surveyed voters on the presidential race and found that President Donald Trump holds a narrow one-point lead (48-47) over Democratic nominee Joe Biden, a substantial shift from 2016 when Trump won the district 54-41.

[…]

While Democrats have set their eyes on several prizes across the state, the recent blue shift in the 31st has been particularly notable. Between 2002 and 2016, Carter won each of his elections by at least 20 points. But in 2018, Carter faced the fight of his career and narrowly edged out his Democratic challenger, MJ Hegar, by only three points. Hegar is now challenging Cornyn and finds herself down only 2 points in the district (48-46), according to the PPP poll.

You can see the poll data here. It’s a solid result in a district where Beto got 48.4% of the vote. Hegar ran just a shade behind Beto – he lost to Ted Cruz 50.5 to 48.4, while Hegar lost 47.6 to 50.6 – and this district has been on the radar for the DCCC (and for the Republicans, and for the national race-raters) from the beginning of the cycle. The problem has been finding a standout candidate, as there was a rotating cast of players in the primary, with nobody raising any money or making much noise until the runoff, when Imam finally started to edge forward. She still has to establish herself as a fundraiser – the DCCC is in town, but they’ve got plenty of fish to fry. I’ll be very interested in Imam’s Q3 finance report.

This poll is reminiscent of the polling in CD21, another near-miss district from 2018 with a similar demographic profile. In 2018, Joe Kopser lost to Chip Roy 50.2 to 47.6, Beto lost the district by a tenth of a point, and in 2016 Hillary Clinton lost it to Donald Trump 52-42. These latest polls have Biden up by one in CD21 and down by one in CD31, consistent with statewide polling that has Texas as a real tossup.

They key here has been the shift in voter preferences in Williamson County, which comprises a bit more than two-thirds of the district. Here’s how the Williamson County vote has gone in recent elections:


2012       Votes    Pct
=======================
Romney    97,006  59.4%
Obama     61,875  37.9%

Cruz      92,034  57.3%
Sadler    60,279  37.5%

Carter    96,842  60.9%
Wyman     55,111  34.6%


2016       Votes    Pct
=======================
Trump    104,175  51.3%
Clinton   84,468  41.6%

Carter   112,841  56.8%
Clark     74,914  37.7%


2018       Votes    Pct
=======================
Cruz      99,857  48.0%
Beto     105,850  50.8%

Abbott   112,214  54.1%
Valdez    90,002  43.4%

Patrick  101,545  49.2%
Collier   98,375  47.6%

Paxton    98,175  47.7%
Nelson   100,345  48.7%

Carter    99,648  48.2%
Hegar    103,155  49.9%

The story of 2018 was of the huge gains Democrats made in suburban areas like Williamson, but the thing here is that Dems gained about as many votes from 2012 to 2016 as they did from 2016 to 2018, with Republicans barely growing their vote at all outside of a couple of races. It wasn’t so much a shift as an acceleration, and it took WilCo from being on the fringes of competitiveness, where you could see it off in the distance from the vantage point of 2016 but figured it was still a few cycles away, to being a true swing district just two years later. If Dems can even come close to replicating that kind of growth in 2020, then CD31 is likely being undersold as a pickup opportunity. Obviously, the pandemic and the ambient chaos and pretty much everything else is a variable we can’t easily quantify. But the numbers are right there, so if CD31 does go Dem, we can’t say we didn’t see it coming.

One more thing: That 10% total for the Libertarian and independent candidates combined is almost certainly way too high. Libertarian candidates actually do pretty well overall in this district. The Lib Congressional candidate in 2012 got 3.7%, while a couple of statewide judicial candidates in races that also had a Democrat topped five percent. In 2016, the Libertarian in CD31 got 5.2%, with Mark Miller getting 7.1% in the Railroad Commissioner’s race. They didn’t do quite as well in 2018, however, with the Congressional candidate getting 1.9%, and the high water mark of 4.1% being hit in the Land Commissioner’s race. I’d contend that’s a combination of better Democratic candidates, with more nominal Republicans moving from casting a “none of the above” protest vote to actually going Dem. My guess is 2020 will be more like 2018 than 2016 or 2012, but we’ll see. In any event, I’d put the over/under for the two “other” candidates at five, not at ten. The Texas Signal has more.

DCCC expands the field in Texas again

This is as wide as it goes.

Lulu Seikaly

The Democratic Congressional Campaign Committee is adding three more districts to its Texas target list, expanding an already ambitious battlefield in the state.

The new targets of the House Democratic campaign arm are Republican Reps. Van Taylor of Plano, Roger Williams of Austin and Ron Wright of Arlington. The DCCC is now targeting 10 districts across Texas, or nearly half the GOP-held seats in the state’s congressional delegation.

“Democrats are on offense across Texas, campaigning on access to quality, affordable health care and protections for those with pre-existing conditions,” DCCC spokesperson Avery Jaffe said in a statement. “That consistent message and our 16-month long investment in Texas have put fast-changing districts like these ones in play and Democratic candidates in strong position to deliver in November.”

Julie Oliver

Taylor, Williams and Wright all won their races in 2018 by margins ranging from 8 to 10 percentage points. However, Beto O’Rourke, that year’s Democratic nominee for U.S. Senate, came closer in each district, giving some Democrats hope that they could come into play this fall with the right candidates and environment.

Taylor is being challenged by Plano lawyer Lulu Seikaly, Wright by Waxahachie attorney Stephen Daniel and Williams by Julie Oliver, who was the 2018 nominee against him and lost by 9 points.

The DCCC’s interest in the races has not been a secret. The committee polled in at least two of them earlier this summer, finding single-digit leads for the Republican incumbents — and dramatic swings in the presidential race in favor of the Democratic nominee, Joe Biden.

Still, the Democrats face an uphill battle. Taylor and Williams have large cash-on-hand advantages, and Taylor has demonstrated significant self-funding capacity. And while Wright is a weak fundraiser, he has the support of the deep-pocketed Club for Growth, which backed him in 2018 and endorsed him for reelection last week, calling him the “right candidate to represent the district and beat his radical liberal challenger, Stephen Daniel.”

See here for more on the CD25 poll, here for CD03, and here for CD06. As noted before, if Joe Biden really is in position to win Texas or come very close to it, then Dems really are in position to win a bunch of Congressional seats here as well. It’s certainly possible that Biden runs a couple of points ahead of most or all of these Dem challengers, much as Beto did in 2018, with the result that Biden carries several more than are won by the Congressional candidate. The best way to minimize that, and thus maximize the number of seats Dems win, is to boost all of the viable Democratic candidates. It’s true that some of the Dem challengers aren’t in great fundraising shape, but overall the Dems are carrying the day, so maybe the DCCC can afford to spend a bit less on the Wendy Davises and Gina Ortiz Joneses and more on the Lulu Seikalyes. Just a thought. I actually don’t know what this announcement means in real terms – it may mean little more than the DCCC telling its donors who are looking for new places to park their money that these are approved by them – but it should have some positive effect. We’ll certainly know more when the next finance reports are in. In the meantime, let us all pause for a moment and marvel at the realization that the DCCC is playing offense in ten Congressional districts in Texas. Who had that on their 2020 Bingo card?

Weekend voting litigation news

I have two news items about voting-related lawsuits. Both of these come via the Daily Kos Voting Rights Roundup, which has been increasingly valuable to me lately, given the sheer number of such lawsuits and the fact that some news about them either never makes the news or does so in a limited way that’s easy to miss. For the first one, which I have been unable to find elsewhere, let me quote directly from the DKos post:

A federal court has rejected the GOP’s motion to dismiss a pair of Democratic-backed lawsuits challenging a 2019 law Republicans enacted to ban mobile voting locations that operate in a given location for only part of the early voting period. The law in question requires that all polling places be open for the entire early voting period, but because this puts additional burdens on county election officials’ resources, many localities have opted not to operate so-called “mobile” polling places altogether.

Democrats argue that the law discriminates against seniors, young voters, voters with disabilities, and those who lack transportation access in violation of the First, 14th, and 26th Amendments.

This was originally two lawsuits, one filed in October by the Texas Democratic Party, the DSCC, and the DCCC, and one filed in November by former Austin Assistant City Manager Terrell Blodgett, the Texas Young Democrats (TYD) and Emily Gilby, a registered voter in Williamson County, Texas, and student at Southwestern University serving as President of the Southwestern University College Democrats (the original story listed this plaintiff as Texas College Democrats, but they are not mentioned in the ruling). These two lawsuits were combined, and the ruling denying the motion to dismiss means that this combined lawsuit will proceed to a hearing. Now, I have no idea how long it will take from here to get to a hearing on the merits, let alone a ruling, and as far as I know there’s no prospect of an injunction preventing the law in question (HB1888 from 2019), so this is more of a long-term impact than a 2020 thing, but it’s still good news. I should note that there was a third lawsuit filed over this same law, filed in July by Mi Familia Vota, the Texas NAACP and two Texas voters. That one was filed in San Antonio federal court, while this one was in Austin. I do not know anything about that lawsuit other than the fact that it exists. Like I said, this stuff is hard to keep up with.

The ruling is here, and it’s not long if you want to peruse it. The motion to dismiss argued that the Secretary of State could not be sued because it didn’t enforce voting laws, that the plaintiffs did not have standing because the injuries they claimed under HB1888 were speculative, and that HB1888 was constitutional. The judge rejected the first two claims, and said that once standing and the right to sue were established, the constitutionality question could not be answered in a motion to dismiss because the state had a burden to meet for the law to be constitutional, even if that burden is slight. So it’s on to the merits we go. Now you know what I know about this particular offensive against one of Texas’ more recent attempts to limit voting.

Later in the Kos roundup, we learned about a brand new lawsuit, filed by the Hozte clown car crowd, which is suing to overturn Greg Abbott’s executive order that extended early voting by an additional six days.

Conservative leaders and two Republican candidates have filed suit to block Gov. Greg Abbott’s order that added six days of early voting for the November election as a pandemic-inspired safety measure.

The extension, they argued, must be struck down as a violation of the Texas Constitution and state law.

“This draconian order is contrary to the Texas spirit and invades the liberties the people of Texas protected in the constitution,” the lawsuit argued. “If the courts allow this invasion of liberty, today’s circumstances will set a precedent for the future, forever weakening the protections Texans sacrificed to protect.”

The lawsuit was the latest attempt by prominent conservative activist Steven Hotze to overturn Abbott’s executive orders and proclamations in response to the coronavirus.

None of Hotze’s suits to date has succeeded, but the barrage of legal challenges highlights the difficulty Abbott is having with his party’s right wing, which questions the severity of the pandemic and opposes limits on businesses and personal decisions.

The latest lawsuit, filed late Thursday in Travis County state District Court, was joined by Republican candidates Bryan Slaton, running for the Texas House after ousting Rep. Dan Flynn, R-Canton, in the GOP primary runoff, and Sharon Hemphill, a candidate for district judge in Harris County.

Other plaintiffs include Rick Green, a former Texas House member from Hays County, and Cathie Adams, former chair of the Republican Party of Texas and a member of Eagle Forum’s national board.

In late July, when Abbott extended the early voting period for the Nov. 3 election, he said he wanted to give Texas voters greater flexibility to cast ballots and protect themselves and others from COVID-19.

Beginning early voting on Oct. 13, instead of Oct. 19, was necessary to reduce crowding at polls and help election officials implement safe social distancing and hygiene practices, Abbott’s proclamation said. To make the change, Abbott suspended the election law that sets early voting to begin 17 days before Election Day.

At the same time, Abbott also loosened vote by mail rules allowing voters to deliver completed ballots to a county voting clerk “prior to and including on election day.”

The Hotze lawsuit, which sought to overturn that change as well, argued that Abbott’s emergency powers do not extend to suspending Election Code provisions and that the early voting proclamation violates the Texas Constitution’s separation of powers doctrine because only the Legislature can suspend laws.

The lawsuit seeks a temporary restraining order barring the Texas secretary of state from enforcing Abbott’s proclamation and a court order declaring it unconstitutional.

See here for a copy of the lawsuit. Abbott did extend early voting, though whether it was in response to Harris County Clerk Chris Hollins’ request or if it was something he was always planning to do – remember, he did do the same for the primary runoff election – is not known. What is known is that the State Supreme Court has shown little patience for Hotze and his shenanigans lately. The quote in the story from the lawsuit may be one reason why – there’s a lot more heat than facts being alleged, and even a partisan institution like SCOTX likes to have some basis in the law for what it does. The fact that the extension of early voting for the July runoffs went unchallenged would seem to me to be relevant here – if this is such a grave assault on the state Constitution, why was it allowed to proceed last month? The obvious answer to that question is that there’s a partisan advantage to (potentially) be gained by stopping it now, whereas that wasn’t the case in July. My guess is that this goes nowhere, but as always we’ll keep an eye on it. Reform Austin has more.

Finally, I also have some bonus content relating to the Green Party candidate rejections, via Democracy Docket, the same site where I got the news about the mobile voting case. Here’s the temporary restraining order from the Travis County case that booted David Collins from the Senate race and Tom Wakely from CD21; it was linked in the Statesman story that I included as an update to my post about the mandamus request to SCOTX concerning Wakely and RRC candidate Katija Gruene, but I had not read it. It’s four pages long and very straightforward, and there will be another hearing on the 26th to determine whether the Texas Green Party has complied with the order to remove Collins and Wakely or if there still needs to be a TRO. Here also is the Third Court of Appeals opinion that granted mandamus relief to the Democratic plaintiffs regarding all three candidates:

Molison and Palmer are hereby directed to (1) declare Wakely, Gruene, and Collins ineligible to appear as the Green Party nominees on the November 2020 general statewide ballot and (2) take all steps within their authority that are necessary to ensure that Wakely’s, Gruene’s, and Collins’s names do not appear on the ballot. See In re Phillips, 96 S.W.3d at 419; see also Tex. Elec. Code § 145.003(i) (requiring prompt written notice to candidate when authority declares candidate’s ineligibility). The writ will issue unless Molison and Palmer notify the Clerk of this Court, in writing by noon on Thursday, August 20, 2020, that they have complied with this opinion.

“Molison” is Alfred Molison and “Palmer” is Laura Palmer, the co-chairs of the Texas Green Party. Since the question of the state lawsuit filed by the Libertarian Party over the filing fee mandate came up in the comments on Friday, here’s what this opinion says about that, in a footnote:

We note that although the Green Party and other minor parties and candidates have attempted to challenge the constitutionality of the filing-fee or petition requirement in federal and state court, the statute is currently in effect and enforceable. The federal court denied the parties’ and candidates’ motion for preliminary injunction on November 25, 2019. See Miller v. Doe, No. 1:19-CV-00700-RP, (W.D. Tex., Nov. 25, 2019, order). Although the state district court granted a temporary injunction on December 2, 2019, temporarily enjoining the Secretary of State from refusing to certify third-party nominees from the general election ballot on the grounds that the nominee did not pay a filing fee or submit a petition, the State superseded the temporary injunction, and an interlocutory appeal is pending before the Fourteenth Court of Appeals. See Hughs v. Dikeman, No. 14-19-00969-CV, (Tex. App.—Houston [14th Dist.], interlocutory appeal pending).

Emphasis mine. So there you have it.

Further thoughts on the Dems defenestrating the Green candidates

But first, the Chron story about yesterday’s legal action.

An appellate court on Wednesday blocked three Green Party candidates from the November ballot because they failed to pay candidate filing fees.

The candidates are David Collins, who was running for Senate; Tom Wakely, who was running for the 21st Congressional District, and Katija “Kat” Gruene, who was running for the Railroad Commission. The legal challenge was filed by their Democratic opponents: MJ Hegar, Wendy Davis and Chrysta Castañeda, respectively.

Two members of a three-judge panel of the court sided with the Democrats late Wednesday.

In their majority opinion, Justice Thomas Baker wrote that Wakely, Gruene and Collins are ineligible to appear on the ballot and compelled the Green Party to “take all steps within their authority” to ensure they don’t appear on the ballot. Due to the time sensitivity, Baker said the court would not entertain motions for a rehearing.

Chief Justice Jeff Rose dissented, saying providing no other explanation than that relief was “not appropriate based on the record before us.”

[…]

Davis’ campaign declined to comment. Hegar’s campaign did not respond to a request for comment. Randy Howry, Hegar’s lawyer in the Travis County case, referred questions about the impetus for the suit to attorney Alexi Velez, who was not available for comment.

Castañeda said the suit was a matter of fairness and that the timing was “based on the fact that the Green Party tactics only recently came to light.”

“I and my fellow candidates worked very hard to get on the ballot, and the statute is clear for all of us,” she said, adding that if the candidates didn’t want to or couldn’t pay the fee, they “could have acquired the signatures to petition to be on the ballot but chose not to do so.”

[…]

Wakely said it was clear to him that the last-minute pile-on of lawsuits was a coordinated strategy to eliminate competition. He added that it was curious that Libertarian candidates, including the one in his 21st District race, Arthur DiBianca, who also did not pay fees, were facing similar scrutiny.

Gruene added that the last-minute nature of the case also seems to be part of the Democrats’ strategy, as it leaves the Green candidates without many options for relief.

Charles Waterbury, a lawyer for the Green Party candidates, agreed that the timing seemed like a tactic and said Democrats should have raised the issue sooner.

“The Democrats waited so long for what I would argue is kind of an artificial emergency,” Waterbury said. “If this is such a huge deal, if keeping the juggernaut that is the Green Party off the ballot is so important, this is something they should have filed way before. … They know the difficulty faced by a party like the Greens is basically insurmountable.”

Gruene said she views the suit against her in the same way as Wakely.

“It’s a way to siderail a campaign to shift into dealing with legal matters instead of campaigning,” Gruene said. “The Democratic Party has always seen the Green Party as their opposition, and they, from 2001 until today, have used lawsuits as a way to bankrupt candidates, bankrupt parties and prevent voters from having the choice of voting for Green Party candidates.”

See here and here for the background. Let me begin by saying that yes indeed, the Democratic Party and the Green Party are opponents, by definition. Only one candidate in a race can get elected, so by definition every candidate in a given race is an opponent to the others. I have no patience at all for the whining of these candidates about how mean the Democrats are being to them because I am old enough to remember the 2010 election, in which deep-pocketed Republican backers paid hundreds of thousands of dollars to help Green candidates get on that year’s ballot, an act of charity that the Green Party was only too happy to accept. Those Republicans did that with the intent of making it just a bit harder for Bill White to beat Rick Perry in the Governor’s race. It turned out they needn’t have bothered, but that wasn’t the point. So please spare me the hand-wringing, and pay the filing fee or collect the petition signatures as long as that is required by law, or face the consequences of your actions.

Along those same lines, I respectfully disagree with RG Ratcliffe:

I have never voted for the Green Party and never will, but it is really chickenshit of Texas Democrats to complain about voter suppression and then try to suppress the choices of voters who want to cast ballots for candidates of a party with ballot access over a filing fee the party candidates did not have to pay until this year. And this is about more than a few candidates, this is about denying the Greens ballot access in the future.

I don’t agree that challenging candidates who did not follow the law as written – and please note, a couple of the Green candidates did pay the filing fee, so it’s not that they all shared this principle or all lacked the ability to pay – is in the same universe as passing discriminatory voter ID laws, refusing to expand vote by mail in a pandemic, aggressively pursuing felony prosecutions against people who made honest mistakes (two words: Crystal Mason), but I’ll allow that filing these motions to oust the Greens is not exactly high-minded. To respond to that, let me bring in Evan Mintz:

Here’s an important lesson: Hypocrisy in politics isn’t a bug. It’s a feature. There is no grand umpire or arbiter who punishes elected officials for inconsistency (besides the voters, and they usually don’t mind). Politics isn’t about truth; it’s about power. If past positions get in the way, change them.

I’d say that’s a lesson they don’t teach you in school, but actually they do. Rice University graduate student Matt Lamb told me it’s the first thing he teaches students in his Introduction to American Politics class: “Politics is about power.”

It’s the power to implement an agenda, impose one’s own morality on others, or distribute resources. It’s the reason people try to get elected in the first place.

Texas Democrats must’ve missed that class, because for the past 30 years or so they’ve acted as if noble intentions alone are enough to merit statewide office. Uphold the process. Act professionally. Do the right thing. Party Chairman Gilberto Hinojosa said essentially that in a May conference call with journalists in response to the governor’s plan on ending COVID lockdowns. “The Democratic Party is not looking at the response through a political lens,” he said. “We’re looking at what is good for the public. If that costs us votes, so be it.”

There’s a slight flaw in Hinojosa’s plan: You can’t pursue the public good if you don’t get the public vote.

I’d say it’s clearly the case that the Democrats took legal action to remove these Green Party candidates from the ballot for the same reason why the Republicans paid money in 2010 to help put them on the ballot: They want to increase the chances that their candidates can win these elections. Obviously, there are limitations to this. One need only look at the utter degradation of the Republican Party and the principles it once held on subjects like free trade and personal morality under Donald Trump, where the only principle they now have is winning at all costs for the sake of holding onto power, to understand this. I’d like the Democratic candidates I support to hold principles that I support as well. But you also have to try your best to win elections, because as I’ve said way too many times over the past decade-plus, nothing will change in this state until the Dems start winning more elections. If that means I have to live with the knowledge that we booted some Green Party candidates off the ballot for the purpose of maybe upping our odds some small amount, I’ll do that. If you want to judge me for that, you are free to do so. I can live with that, too.

More challenges to Green Party candidates

From Patrick Svitek:

As we know, the Green Party candidate for Supreme Court Chief Justice withdrew following a challenge that alleged he had violated election law by voting in this year’s Democratic primary. The writ makes the following allegations:

1) The passage of HB2504, the same bill that lowered the statewide vote threshold from five percent to two percent for third parties to automatically qualify for the ballot also mandates a filing fee (or collection of petition signatures), with the same fees or petition requirements for third parties as for Dems and Republicans.

2) Candidates Wakely and Gruene did not pay the filing fees or collect the petition signatures, and the Green Party was aware of this. Indeed, the Green Party specifically stated in their April newsletter that some of their candidates did pay the filing fee while others (including Gruene, Wakely, the already-withdrawn Waterbury, and Senate candidate David Collins, who for whatever the reason was not named in this mandamus) did not.

3) Both the Greens and the Libertarians filed lawsuits alleging that the filing fee was illegal for them, since the idea of the fee was to help pay for the primary elections, which they don’t have. The Libertarians won a temporary injunction against the fee in December, but that was put on hold by the Fourteenth Court of Appeals, and as of today the filing fee is still in effect. (This had caused some confusion for the Ls and Gs, and I have no idea how many other candidates there may be in this particular boat.)

4) Because of all this, the Green Party was required to disqualify these candidates, and since they did not, the Dems are asking the Supreme Court to do so. They are asking via mandamus because Friday the 21st is the statutory deadline for candidates to be included or excluded from the November ballot.

So we’ll see what happens. In theory, I’ll have an update to this by the weekend. The Libertarians’ lawsuit over the legality of the filing fees is still ongoing, it just won’t be resolved in time for this election. Two side notes of interest that I discovered while writing this: One, Katija Gruene also tried to file for HD51, but was not allowed to file for two different offices by the SOS. Pretty sure it’s clear in state law that’s a no-no. Also, a candidate who had applied to run for HD45 was disqualified by the Greens at their convention because he had voted in the Dem primary. Just like Charles Waterbury, except I guess he was up front about it. So there you have it.

UPDATE: Apparently, there was more than one effort going on.

A Travis County judge issued an order Wednesday that temporarily blocked two Texas Green Party candidates for Congress from appearing on the November ballot.

The 14-day temporary restraining order was granted after Democratic Senate candidate MJ Hegar, joined by two national Democratic organizations, argued that her Green Party opponent, as well as a Green candidate opposing Democrat Wendy Davis, should not be placed on the ballot because they failed to pay a candidate filing fee as required by a new state law.

District Judge Jan Soifer’s order blocked the Texas secretary of state’s office from certifying David Collins, the Green candidate for U.S. Senate, and Tom Wakely, running for U.S. House District 21, to appear on the Nov. 3 ballot. Both candidates were “indisputably ineligible” to appear on the ballot, Soifer said.

Soifer, who was head of the Travis County Democratic Party before becoming a judge, also set an Aug. 26 hearing to determine if the Democrats’ request for an injunction should be granted.

[…]

Hegar’s challenge was one of two that Democrats had recently filed in state courts seeking to keep Green Party challengers off the ballot over failure to pay the fees.

Davis, running for the House seat held by U.S. Rep. Chip Roy, R-Hays County, and Chrysta Castañeda, running for the Railroad Commission, filed an emergency petition Monday asking the Austin-based 3rd Court of Appeals to issue an order blocking their Green Party opponents from the ballot.

Hegar, seeking to unseat U.S. Sen. John Cornyn, R-Texas, also joined that effort Wednesday. The appeals court has not yet ruled on the request.

Green Party candidates are generally believed to take votes that would otherwise go to Democrats.

The Green Party acknowledges that its candidates – Collins, Wakely and Katija Gruene for railroad commissioner – did not pay the filing fee or collect the needed number of petition signatures to avoid the fee.

But the party believes the fee, as it applies to third parties, is unconstitutional and improper, said Laura Palmer, Green Party co-chair.

Wow. I had wondered about Collins, given that he wasn’t mentioned in the mandamus request. If all of these motions succeed, the Greens will end up with no statewide candidates, one Congressional candidate (in CD36), one State Senate candidate (SD26), and two State House candidates (HDs 92 and 119). That’s not a lot, but even if the Greens prevail they’d still only have seven total candidates on the ballot. Seems like maybe there’s a bigger issue than the filing fee here, but maybe that’s just me.

UPDATE: And here’s a Trib story by Patrick Svitek with further information.

On Wednesday, both a Travis County district judge and a state appeals court blocked the Green Party nominees for U.S. Senate and the 21st Congressional District from appearing on the ballot. The Austin-based 3rd Court of Appeals additionally forced the Green Party nominee for railroad commissioner off the ballot.

Earlier this week, it surfaced that a Green Party contender for chief justice of the Texas Supreme Court had withdrawn after the Democratic nominee questioned his eligibility.

The Democrats are largely targeting Green Party candidates because they have not paid filing fees — a new requirement for third parties under a law passed by the Legislature last year. The filing fees were already required of Democratic and Republican candidates. The new law is being challenged by multiple lawsuits that remain pending, and the Green Party of Texas has been upfront that most of its candidates are not paying the fees while they await a resolution to the litigation.

[…]

The rulings Wednesday came in response to lawsuits in two different courts that involved some of the same candidates. The Democratic Senatorial Campaign Committee, the Democratic Congressional Campaign Committee and the Democratic nominee for U.S. Senate, MJ Hegar, had sued in Travis County district court to disqualify the Green Party nominees for U.S. Senate, David Collins, and for the 21st District, Tom Wakely. Meanwhile, Hegar had joined the Democratic nominees for the 21st District, Wendy Davis, and for railroad commissioner, Chrysta Castañeda, to seek an ineligibly ruling for their three respective Green Party candidates before the 3rd Court of Appeals.

In the appeals court’s opinion, Justice Thomas Baker ordered the Green Party of Texas to declare their three candidates ineligible and do all they can to make sure they do not appear on the ballot. Baker said the court would not accept motions for rehearing, citing the “time-sensitive nature of this matter.”

In the Travis County district court decision, Judge Jan Soifer said her order is in effect for the next two weeks. However, she scheduled a hearing for Aug. 26 — two days before the state’s ballot certification deadline — where she could reevaluate the decision.

Four things: One, as of these rulings we are now at the point I mentioned earlier, where there are no statewide Green candidates. Two, this may moot the mandamus request to the SCOTX. Three, apparently I was wrong earlier, because August 28 is the deadline for party nominees to be certified for the ballot. August 21 is the deadline to withdraw. And finally, that strategy of not paying the filing fees while the lawsuit over filing fees carries on, even though there is no injunction stopping the filing fees, sure does not appear to have worked out well for the Greens.

Congressional Dems winning the money race in Texas

The times, they have definitely changed.

Early this election cycle, U.S. Sen. John Cornyn publicly worried about complacency within the Texas Republican political class — even after Democratic gains made in 2018.

So in early 2019, the state’s senior senator encouraged Texas Republicans in the U.S. House to bolster their fundraising and think twice about sending money out of the state.

“There’s an attempt by the leadership to extract as much money as possible out of the state as they can and use that wherever they need it, and I understand that,” he told The Texas Tribune in June 2019. “But we need to make sure our Texas races — from the president and all the way down to the courthouse — are adequately financed and resourced. And that’s going to require us to raise a significant amount of money.”

More than a year later, a Texas Tribune analysis of recent campaign finance reports shows that Cornyn’s fears of a funding problem have come to life. Democratic U.S. House candidates in Texas have millions more aggregate cash on hand than their Republican counterparts. It marks an extraordinary six-year shift within the Texas delegation.

In 2016, U.S. House Republican candidates in Texas had $32.3 million on hand in July of that year. Their Democratic counterparts reported $11.4 million.

The next cycle, boosted by a backlash to President Donald Trump, Democrats saw a jump in fundraising. In 2018, Texas Republican U.S. House candidates had $34.8 million in cash on hand, compared with $21.8 million on the Democratic side.

Newly filed campaign finance reports show a complete shift this year. Republicans running for the U.S. House in Texas reported $19.2 million. Democrats had $26.7 million.

[…]

And the money affects more than just the seven or so competitive U.S. House races on the ballot.

Take the state’s 3rd Congressional District. Situated entirely in North Texas’ Collin County, it has been a longtime undisputed GOP stronghold. Mitt Romney won the district in 2012 with 64% of the vote to Barack Obama’s 34%. But in 2018, U.S. Sen. Ted Cruz, R-Texas, carried the county by only six percentage points, and U.S. Rep. Van Taylor of Plano saw the district’s margin narrow from 27 points in 2016 to 10 points during his first run for the seat in 2018.

Taylor took that race seriously, advertising on broadcast television, and he has over $1 million in cash on hand this year. His opponent, attorney Lulu Seikaly, only had about $40,000 on her last financial report, but the way she is spending that money is noteworthy. That same report revealed she had hired a national direct mail consultant. Additionally, her campaign said in a news release that it had raised $100,000 since the mid-July runoff and has had a well-regarded polling firm conduct an internal poll of the race.

Should a Democratic wave hit the state in the fall, Seikaly will already have poll-tested messaging and located vendors to potentially take advantage of the environment. If not, her efforts to bring Democrats in her district to the polls could still help others in her party above and below her on ballot. Taylor’s district overlaps considerably with that of state Rep. Jeff Leach, R-Plano, who is one of more than a dozen GOP incumbents Democrats are targeting in an effort to flip the state House.

You can see the July finance reports for Democratic Congressional candidates here. As this story notes, much of the difference comes from the two freshman Dems who knocked off Republican incumbents in 2018, Reps. Lizzie Fletcher in CD07 and Colin Allred in CD32, plus the challengers in CDs 21, 22, and 23. Sri Kulkarni in CD22 is the laggard of the bunch, with $2.5 million raised and $1.2 million on hand; the others all have at least $3.8 million raised and $2.9 million on hand. Wendy Davis has practically lapped Rep. Chip Roy in CD21. Mike Siegel in CD10 and Candace Valenzuela have less cash on hand after having to compete in the primary runoffs, but both had raised a lot as of the Q2 report and I expect they will keep it up. Sima Ladjevardian may not be able to keep up with the moneybags Dan Crenshaw, but she’s still hauled in $1.6 million.

It’s not just about what the candidates themselves have raised. Republican Congressional incumbents have been asked to kick in a bunch of money to the RNC, but their on requests to get a little help coming back have fallen on deaf ears. Usual suspects like the Club for Growth will spend big to protect their own, but the list that needs defending keeps getting longer. If there are three takeaways from all this, they’re 1) Dems should have all the resources they need to make a maximum push this November; 2) expect to be bombarded with ads like you’ve never been before – seriously, live sports is going to be a wasteland of political ads, if there are live sports this fall; and 3) Dems have no excuse for not raising a ton of money to win statewide elections in 2022.

CD25 poll: Roger Williams 45, Julie Oliver 43

This is genuinely astonishing.

Julie Oliver

To showcase just how extensively Trump’s decline has shifted the playing field, the DCCC shared with the Washington Post details of an in-house poll it conducted of Texas’ deep-red 25th Congressional District that finds Joe Biden edging Donald Trump 47-46 and puts Republican Rep. Roger Williams up just 45-43 on his Democratic challenger, attorney Julie Oliver.

That’s a huge shift from 2016, when Williams’ district went for Trump by a wide 55-40 margin. And that’s exactly what Republicans intended: The 25th is part of a careful gerrymander that cracked the Austin area six ways and allowed the GOP to win five of those seats. One of those is Williams’ district, which stretches far to the north toward Dallas-Forth Worth, combining a slice of the state capital with rural regions well outside of it.

As a result, the 25th is more rural (and whiter) than most of the suburban seats in Texas that are at the top of Democrats’ target list. As DCCC executive director Lucinda Guinn put it, the district had only been “maybe on the outer edges of our battlefield,” but that may now change. In 2018, Sen. Ted Cruz only carried this seat 52-47 over Beto O’Rourke, so it’s plausible that the leftward march here is continuing.

Here’s the WaPo story that originated this, which goes a lot broader but doesn’t add anything to the CD25 story. What’s most remarkable about this is that of the nine Congressional districts that Dems have some hope to be competitive in, this one is probably last in line. It’s the only one not projected to be won by Biden in the event of a Biden win in Texas. In terms of 2018 performance, CD25 was one of the two weakest for Dems overall, closely aligned with CD03 but without the rapid growth and suburban characteristic of that district. It’s been generally seen as a “likely GOP” seat, with only Rachel Bitecofer being more bullish than that.

So yeah, if Biden is truly leading in CD25, then 1) he’s also truly leading statewide, by more than just a hair, and 2) by enough that he’s also leading in eight other Republican-held Congressional districts. He’s probably leading by enough that the entire statewide Democratic slate is in position to win in November. He’s probably leading by enough that it’s not a question of whether the Dems would take the State House, but by how much. Like I said, astonishing.

Now again we have to trot out the caveats: It’s one poll, it was commissioned by the DCCC, which doesn’t make it suspect in and of itself but does mean that they could have put the result in a desk drawer if they hadn’t found it useful, and Congressional polling is always more variable than statewide polling. That said, it’s not really out of line when districts like CD03 are also polling as even for Biden. At this point, you can only wish there were more competitive districts available.

As noted by the dKos post, Julie Oliver’s main flaw is that she has little cash on hand, despite raising $681K so far, a greater sum than she raised in the entire last cycle. I don’t know what she’s been spending her cash on, but she’s going to need to make it stretch a bit more. Or maybe the DCCC will decide to come in and play, which at this point seems hard to argue against. If this is where the numbers are, maybe we should believe them.

July 2020 campaign finance reports: Congress

Congratulations, everyone. Not only have we made it to the other side of another quarterly reporting period, we have also successfully navigated the primary runoffs. My next quarterly finance report post for Congress will thus be shorter, as this is the last time the folks who did not win their runoffs will be listed. So let’s get on with it already. The January 2019 roundup is here, which closed out the 2017-18 election cycle, the April 2019 report is here, the July 2019 report is here, the October 2019 report is here, the January 2020 report is here, and the April 2020 report is here. For comparison, the January 2018 report is here, the April 2018 report is here, and the July 2018 report is here. The FEC summary page for Congress is here and for the Senate is here.

MJ Hegar – Senate
Royce West – Senate

Lizzie Fletcher – CD07
Colin Allred – CD32

Hank Gilbert – CD01
Sima Ladjevardian – CD02
Lulu Seikaly – CD03
Sean McCaffity – CD03
Stephen Daniel – CD06
Elizabeth Hernandez – CD08
Mike Siegel – CD10
Pritesh Gandhi – CD10
Adrienne Bell – CD14
Rick Kennedy – CD17
David Jaramillo – CD17
Wendy Davis – CD21
Sri Kulkarni – CD22
Gina Ortiz Jones – CD23
Candace Valenzuela – CD24
Kim Olson – CD24
Julie Oliver – CD25
Carol Ianuzzi – CD26
Donna Imam – CD31
Christine Eady Mann – CD31


Dist  Name             Raised      Spent    Loans    On Hand
============================================================
Sen   Hegar         6,605,966  5,751,355        0    902,092
Sen   West          1,867,804  1,689,538  258,103    178,265

07    Fletcher      4,384,162    978,573        0  3,453,656
32    Allred        3,801,649    924,378        0  2,980,715  

01    Gilbert         245,146     96,526   50,000    148,619
02    Ladjevardian  1,674,680  1,129,634   50,000    545,046
03    Seikaly         409,531    370,312    3,000     39,219
03    McCaffity       507,661    441,938        0     65,723
06    Daniel          328,097    243,191        0     84,906
08    Hernandez
10    Siegel          917,771    756,306        0    164,956
10    Gandhi        1,276,854  1,200,742        0     76,112
14    Bell            103,734     81,576        0     11,247
17    Kennedy          97,859     87,125   11,953     12,161
17    Jaramillo        21,246     17,942        0      3,303
21    Davis         4,467,270  1,536,995        0  2,930,275
22    Kulkarni      2,530,971  1,352,948        0  1,205,791
23    Jones         4,133,598  1,215,227        0  3,009,888
24    Valenzuela    1,119,403  1,008,739        0    110,664
24    Olson         1,667,400  1,417,247   20,000    250,153
25    Oliver          681,850    591,851    2,644     89,999
26    Ianuzzi          84,645     66,691   46,050     17,954
31    Mann            372,445    353,802   44,500     20,080
31    Imam            449,274    407,175        0     42,099

First things first, any worries about fundraising capacity in these brutally awful times have been assuaged. The totals speak for themselves, but let’s go into some detail anyway. Basically, the candidate in nearly every race of interest is ahead of their 2018 pace, often by a lot. Let me put this in another table to quantify:


Dist  Year     Candidate     Raised       Cash
==============================================
02    2018        Litton    843,045    407,674
02    2020  Ladjevardian  1,674,680    545,046

03    2018         Burch    153,559     19,109
03    2020       Seikaly    409,531     39,219

06    2018       Sanchez    358,960     67,772
06    2020        Daniel    328,097     84,906

10    2018        Siegel    171,955     46,852
10    2020        Siegel    917,771    164,956

21    2018        Kopser  1,594,724    364,365
21    2020         Davis  4,467,270  2,930,275

22    2018      Kulkarni    405,169     89,434
22    2020      Kulkarni  2,530,971  1,205,791

23    2018   Ortiz Jones  2,256,366  1,150,851
23    2020   Ortiz Jones  4,133,598  3,009,888

24    2018      McDowell     61,324     28,091
24    2020    Valenzuela  1,119,403    110,664

25    2018        Oliver    199,047     78,145
25    2020        Oliver    681,850     89,999

31    2020         Hegar  1,618,359    867,266
31    2020          Imam    449,274     42,099

With the exception of CD31, where no one has come close to MJ Hegar (who as the US Senate nominee may help boost turnout in this district anyway), and CD06, where Stephen Daniel is a pinch behind Jana Sanchez in fundraising (but also a pinch ahead in cash on hand), each nominee is substantially better off this time around. Todd Litton, Joe Kopser, and the original version of Gina Ortiz Jones were all strong fundraisers, and they’ve all been blown out of the water this year. Mike Siegel, Sri Kulkarni, and Julie Oliver have all greatly outpaced themselves. I will maintain that we might have won CD24 in 2018 if we’d had a candidate who could raise money; that’s very much not a problem this year. Lulu Seikaly is well ahead of Lori Burch, who was herself quite a pleasant surprise in CD03.

There are still things to address. Seikaly, Siegel, and Valenzuela all needed to spend a bunch of money in the extended runoffs, and thus need to build up cash with less time to do it. Given their records so far, I’m not too worried about it. Both Jana Sanchez and 2018 Julie Oliver had May runoffs to win, so their modest cash on hand totals were understandable, but Stephen Daniel and 2020 Julie Oliver were both March winners, so I don’t understand why they’ve been spending as much as they have at this point. I hope that isn’t a problem. Donna Imam is not going to approach Hegar’s fundraising prowess, but she alone among the crowd in CD31 seemed to have some capacity for the task, so maybe she’ll at least make up some ground.

The big difference is that there isn’t a juggernaut Senate campaign, which was a boost to downballot candidates in 2018, this time around. On the other hand, we do have a Presidential campaign, which is already airing ads, and we have the DNC airing ads, and we have the DCCC, which has added CD02 to its already-long target list (though they may have dropped CD31 by now). Point being, there will be plenty of other money invested that will help with these races, directly or indirectly.

So overall, a pretty rosy picture, and the financial resources to support the notion that a whole lot of seats are actually in play. Remember how I spent much of the 2018 cycle talking about how there never used to be any Congressional money raised in Texas, outside of CD23? The world is in flames, but that one small part of the Before Times, I don’t miss.

Last but not least, a brief shoutout to Hank Gilbert, playing the part of Dayna Steele in this cycle – a great candidate and a swell human being in an absolute no-hope district against a terrible incumbent who is raising a surprising amount of money. If doing good and being good were all it took, Hank would be in the top tier of next year’s freshman class. Maybe someday we’ll live in that world. Godspeed, Hank.

Another lawsuit filed over mobile voting locations

Don’t know that there’s enough time for this to be heard, but it’s a good idea.

Mi Familia Vota, the Texas NAACP and two Texas voters this week filed a suit against the state over its election policies, alleging they discriminate against minority voters who are disproportionately hurt by the pandemic.

The suit, filed Thursday in San Antonio federal court, alleges that the state’s “insufficient” number of polling places and “limited and inaccessible” early voting locations will result in unsafe voting conditions and voter suppression.

“Texas proposes to rely on election policies that, during the pandemic, will create inordinate burdens on the right to vote,” the suit states. “The burden will be particularly high for Black and Latino voters. Without the relief this lawsuit requests, voters’ exercise of the franchise will be compromised.”

The wide-ranging suit seeks a court order to suspend the Texas law that limits mobile early voting sites, to force the state to extend the duration of early voting and allow the opening of additional polling places in counties where lines typically exceed 20 minutes.

There’s some additional detail in the Trib.

Abbott and Texas Secretary of State Ruth Hughs are named as defendants, but the suit targets some decisions that are ultimately up to local officials. The long list of changes the plaintiffs are seeking includes a month of early voting, an across-the-board mask mandate for anyone at a polling place and a suspension of rules that limit who can vote curbside without entering a polling place.

The plaintiffs also want to overturn a relatively new statewide election law that ended the long-established practice of setting up temporary or mobile early voting sites that could be moved around during the early voting period to reach as many voters as possible near where they live, work or go to school. They are asking the court to allow counties a temporary reprieve from that 2019 law, which is the target of a separate lawsuit filed last year.

To “ensure that polling sites are safe and of low risk to the health of all registered voters,” the suit also seeks that the state be ordered to open additional polling places and provide enough voting booths and workers to keep waits to less than 20 minutes.

(Polling places for general elections are ultimately designated by county commissioners courts.)

[…]

Without offering details, Abbott has previously indicated he will be ordering an expansion to the typical two-week early voting period for November. Extended early balloting has been one of the main ways in which state Republican leaders, who have vehemently opposed an expansion in voting by mail, have modified election processes during the pandemic.

I’m aware of two previous lawsuits filed over HB1888 from the last legislative session, which basically required that any early voting location had to be in operation for the entirity of early voting, so no more one-day popup locations on a college campus or at a senior center or whatever. That will have the effect of reducing voting locations, since the whole reason these had been temporary before was that there wasn’t enough money and/or poll workers for them to operate the whole time. Anyway, the TDP, DCCC, and DSCC filed one suit, and the Texas Young Democrats and Texas College Democrats filed the other, both last November. Both stories only referenced the TDP/DCCC/DSCC lawsuit, which maybe is an oversight and maybe means the second suit got tossed or joined with the first one. Far as I know, there’s been no court action on either of them, so I can’t say I expect a result from this one. But it can’t hurt to try.

A bullish take on the State House

From Mike Hailey of Capitol Inside:

The wildly unpredictable coronavirus appears to be fueling a massive blue wave that sweeps the Democrats back into power in the Texas House of Representatives with President Donald Trump as their all-time greatest ally.

With the president blowing up a submissive GOP in Texas and beyond, the Democrats are poised to take the Legislature’s lower chamber back as long they stay out of the way of the runaway train called the Trump campaign between now and November.

The Capitol Inside crystal ball foresees a cataclysmic November shaping up for the Republicans who could be on the verge of fumbling away the 38 Texas electoral votes and a U.S. Senate seat as well if Trump doesn’t pull off the biggest comeback in modern American history.

Barring a miraculous economy recovery that’s Trump’s only hope for a successful re-election bid, the tentative forecast here has the Democrats running up the score on the critical state House battlefield this fall with a net gain of at least 15 seats with the potential for more at the rate the Republicans are going now.

While the 2020 election is harder to predict than votes in the past, the current outlook for the Legislature’s lower chamber is a solid blue with a minimum of 82 Democrats and 68 Republicans or less taking the oath in January. The Democrats have a good chance to flip more than a half-dozen congressional districts in Texas with a toxic president leading the charge for the GOP. The minority party will oust GOP State Senator Pete Flores of Pleasanton in a district where he was lucky to win in the first place in a special election in 2018.

After predicting that Democrats would pick up 11 Texas House seats in 2018 when they wrestled a dozen away from the GOP, the crystal ball here sees Republican incumbents and open race candidates with cause for concern in any district where Trump failed to win less than two-thirds of the vote four years ago.

U.S. Senator John Cornyn would have won a new term in a November blowout if he hadn’t wrapped himself in a president who’d sought to portray the worst public health crisis in more than a century as a partisan hoax before ordering the military to attack peaceful protesters for the sake of a campaign photo op.

Cornyn might still have a 50-50 chance of surviving Trump in a development that could help minimize the down-ballot devastation that appears to be on the horizon for the Republicans here.

[…]

Texas Republicans have tried to dismiss the blue wave in 2018 as an offshoot of Democrat Beto O’Rourke’s strong showing as the minority party ticket leader in a battle that he almost won against U.S. Senator Ted Cruz. But the truth is that Trump had dramatically accelerated the conversion of Texas from red to blue with the results at the polls in 2016 and 2018 as obvious evidence of the unprecedented drain that he’s had on the Republicans here.

The Democrats would reclaim the state House with a net gain of nine seats. They could accomplish that simply by winning in every GOP-controlled district that O’Rourke carried two years ago.

Republicans will be running as underdogs in most of 17 House districts where Trump garnered less than 55 percent of the vote in his first White House race. Some of seven GOP candidates in House districts where the president claimed between 55 percent and 60 percent of the 2016 vote are probably going to lose as well.

At the top of the page, there’s a summary that predicts 15 seats picked up by Dems in the House, one seat picked up in the Senate, eight (!) Congressional seats flipped by Dems, and it also rates the US Senate and Railroad Commissioner races as tossups. Heady stuff, to say the least. The Dems are officially targeting something like 22 State House seats, so a net of plus fifteen is conceivable, if quite aggressive. Picking up eight Congressional seats means not only taking all of CDs 10, 21, 22, 23, and 24, but also three out of 02, 03, 06, 25, and 31. That’s way on the high end of my imagination – though I will note it’s right in line with the Rachel Bitecofer model – and I confess I have a hard time wrapping my brain around it. That said, you see bits like this excerpt from the Daily Kos Elections digest, and you wonder:

TX-06: The DCCC’s Targeting and Analytics Department has conducted an in-house poll that gives freshman Republican Rep. Ron Wright a small 45-41 lead over Democrat Stephen Daniel in a race that hasn’t attracted much outside attention. The survey also shows Joe Biden and Donald Trump deadlocked 46-46 here. This seat, which includes Arlington and rural areas south of Dallasbacked Trump 54-42, but last cycle, GOP Sen. Ted Cruz carried it just 51-48. Wright won his first term 53-45 in a contest that featured very little outside spending.

It’s an internal poll, so take it with an appropriate level of salt. But if it’s accurate, if CD06 really is a tossup for Biden, then at the very least those first five seats would all be leaning Dem to some degree, and the other four would be very tight as well. It’s way optimistic, but that doesn’t mean it’s unrealistic. The Texas Signal has more.

Straight ticket voting lawsuit tossed

Not a big surprise.

A federal judge on Wednesday threw out Democrats’ effort to reinstate the straight-ticket voting option in Texas.

Siding with the state, U.S. District Judge Marina Garcia Marmolejo found that Democrats lacked standing to challenge Texas Republicans’ decision to kill straight-ticket voting ahead of the November general election. The judge dismissed the federal lawsuit after ruling that Democrats’ claims of the electoral fallout that could come from eliminating straight-ticket voting were too speculative.

The Texas Democratic Party — joined by the chair of the Webb County Democratic Party and the Democratic campaign arms of the U.S. Senate and House — filed the lawsuit in March on the heels of Super Tuesday voting that left some Texans waiting for hours to cast their ballots.

They claimed the elimination of straight-ticket voting is unconstitutional and intentionally discriminatory because the longer lines and waiting times it is expected to cause would be disproportionately felt at polling places that serve Hispanic and Black voters.

[…]

In her order, Garcia Marmolejo ruled that that Democrats’ predictions about the negative effects the lack of straight-ticket voting would have on voters and the election process were “uncertain to occur.” She also found fault with their assumptions that the Texas secretary of state and local officials would not work to “ameliorate the situation.”

Garcia Marmolejo also pointed to the likelihood that in-person voting would be transformed by the new coronavirus, which has led to long lines in other states where elections have already occurred during the pandemic, regardless of whether straight-ticket voting was eliminated.

“Considering the pandemic has already caused long lines at polling-places, many Texans will endure longer lines at polling places indefinitely, irrespective of any order issued by this Court,” she wrote. “And other Texans will experience shorter lines given that voters have been encouraged to steer clear from in-person voting where possible.”

See here for the background. I thought this case was weak, and I am not surprised by the ruling. I do find it ironic that the judge is citing vote by mail as a mitigation of the concerns raised by the plaintiffs. From your lips to John Roberts’ ears, Your Honor. Anyway, there’s still a lot of legal action going on out there. We’ll hope to get ’em next time.

Runoff reminder: Congress

Previously, we looked at the two statewide runoffs in the Democratic primary. Today we’re going to look at four Congressional primary runoffs. There are more than four total runoffs in Congressional primaries, but these are in the districts that are at least somewhat competitive, including a couple that are high on the national target list. As a reminder, here’s a look at the April campaign finance reports for Congress.

CD03

CD03 is held by freshman Rep. Van Taylor, who won by a 54-44 margin in 2018; Beto O’Rourke got 47.9% in the district. It’s not a first-tier opportunity, but the primary features two candidates who are way ahead of the 2018 fundraising pace, Sean McCaffity and Lulu Seikaly, who was a later entrant into the race. Seikaly has gotten more press that I could find of the two of them. Here’s a profile/interview with her on the Shondaland website. She recently picked up the endorsement of Rep. Marc Veasey after having been endorsed by the DMN for the primary. As for McCaffity, I found this profile of him from February. I don’t have a whole lot of insight to add to this race. Both candidates look good to me, either could break through and generate some national attention if they keep up the good fundraising or someone does a poll in the district. CD03 is entirely within Collin County, so if the suburbs do wind up abandoning Trump in a big way – in other words, even more than in 2018 – this race could be a sleeper.

CD10

CD10 of course has been on the radar all cycle, since Mike Siegel lost to longtime Rep. Mike McCaul by a bit more than four points, in a district that Beto carried by a hair. Siegel faces Dr. Pritesh Gandhi, who has been a strong fundraiser so far. As a working doctor who’s treating COVID-19 patients when he’s not on the campaign trail, Gandhi has also been featured in numerous new stories, getting both local and national coverage for his dual role. Siegel has made his way into some of that coverage, and was the subject of a nice recent profile. He also picked up a couple of endorsements, from Rep. Veronica Escobar and State Rep. Erin Zwiener.

CD24

This may be the spiciest runoff of the four, for a seat that Beto won with 51.5% of the vote in 2018. Precisely because this is such an clear-cut target – it’s been on the DCCC’s radar from day one – there’s been some fighting over who the DCCC should be backing in this race, Kim Olson and Candace Valenzuela. Olson is the 2018 nominee for Ag Commissioner (she got 46.4%, losing by five points) and is one of six Dem challengers so far to have raised over a million bucks as of April. Olson has a military background that’s a big part of her biography, but the circumstances surrounding her exit from the Air Force have some people worried that could be a drag on her campaign. Meanwhile, Valenzuela has also been a strong fundraiser and has picked up some notable endorsements including EMILY’s List, which is a fascinating decision on their part given that there were multiple pro-choice female candidates in the primary, including, you know, Kim Olson. Some of Valenzuela’s allies will be running ads against Olson over the issues with Olson’s military record. There’s a nice profile of Valenzuela here if you want to know more about her. As with these other races, I don’t have a strong preference. I feel like this race is there for the Dems to win, we just have to not screw it up.

CD31

Finally, there’s CD31, which started out the cycle high on the target list but has been slipping down since. While there have been a ton of candidates cycling through this race, none have caught fire the way MJ Hegar did in 2018, and none have distinguished themselves in fundraising. The two who survived the first round, Christine Eady Mann and Donna Imam, were the top fundraisers, but neither is close to the top tier among Dem challengers, and only Imam has a decent amount of cash on hand. Eady Mann, who lost in the 2018 primary runoff to Hegar, is also a medical doctor and has also been featured in some stories for her candidacy and career in a time of COVID. I couldn’t find any recent stories about Imam. I don’t see this race as being all that competitive anymore, but the trend in Williamson County will keep it reasonably close regardless. A surprise is still possible, but I’m going to want to see the winner of this runoff start to rake in some bucks before I’ll buy into it.

I’ll be looking at SBOE and State Senate next. Let me know what you think.

DNC to target Texas

Game on.

The Democratic National Committee [added] Texas to its list of 2020 targets just days before Super Tuesday, vowing to invest heavily in the state to help Democratic candidates up and down the ballot in the latest sign that the national party is taking Texas more seriously than it has in years.

That investment includes getting more organizers on the ground as the party also seeks to take control of the Texas House from Republicans who have held it for a generation. While the DNC is focused on helping the Democratic presidential nominee beat President Donald Trump, the party also says it will help with the race against Republican U.S. Sen. John Cornyn, as well as efforts to win the nine seats needed to flip the state House.

[…]

“You’ve got a whole new era of Democratic politics in Texas, and you have a national party making a commitment to lift Texas up,” said Manny Garcia, executive director of the Texas Democratic Party. “This is a significant investment from the DNC to make sure we lay the groundwork necessary for a competitive and strong battleground presidential race.”

The party would not disclose how much the national arm plans to pour into Texas and said it will roll out more detailed plans for the funding in the coming weeks. But the investment will include additional staff and organizers.

The DCCC is already here in multiple races, and the DSCC is backing MJ Hegar, though what that might mean for November is unclear at this time. There’s enough polling to suggest that Texas can be competitive in November in the Presidential race, but the downballot rewards are great as well, including and especially at the legislative level where flipping the House would give Dems leverage for Congressional redistricting. The surprise here would have been if the DNC had decided to stay out of state for November.