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Election 2014

The polling data on abortion in Texas

From the Trib:

At a time when Texas is poised to outlaw the vast majority of abortions if the nation’s highest court overturns constitutional protections for the procedure, a recent University of Texas at Austin poll shows most Texan voters think access to abortion should be allowed in some form.

Texas would make performing most abortions a felony if the U.S. Supreme Court overturns Roe v. Wade — a future that looks considerably more likely after a nonbinding draft opinion was leaked from the high court Monday. Constitutional protections for abortion could be struck down as soon as this summer.

The university conducted the poll in April before the court’s document was leaked. The survey found that 78% of respondents believe abortion should be allowed in some form while only 15% said it should be never permitted.

If Roe is overturned, Texas would allow doctors to perform abortions only to save the life of a pregnant person or if that person risked “substantial impairment of major bodily function.”

Around 39% of poll respondents said Texans should always be able to obtain abortions as a matter of personal choice, and 11% of respondents thought abortions should be available for other reasons in addition to pregnancy resulting from rape.

The poll shows that 28% of respondents believe abortions should be available only in cases of rape or incest or when a person’s life is endangered by their pregnancy. And 7% said they didn’t know.

Respondents fell mostly along party lines. Of the Republicans surveyed, 42% said abortions should be allowed only in cases of rape, incest or when a person’s life is in danger. The majority of Democrat respondents — 67% — said Texans should be allowed to seek an abortion as a personal choice.

But there were outliers. Among Republicans, 15% said Texans should always be allowed to seek an abortion and 12% said the law should allow Texans to seek abortions for reasons outside of just rape. On the flip side, 5% of Democrats said abortion should be completely outlawed and 13% said it should be allowed only in cases of rape or incest.

From the Chron:

The Texas Politics Project at the University of Texas at Austin has been tracking abortion trends for years. The researchers’ most recent poll, released in February, found that 53 percent of Texans oppose a complete ban on abortion if the Supreme Court overturns Roe v. Wade. (Thirty-four percent supported such a policy, and 13 percent didn’t know or had no opinion.)

“When we look at polling of Texas voters, what we find is an issue that people are, broadly, pretty split on,” said Joshua Blank, the research director of the Texas Politics Project. “But ultimately, you find most Texans supportive of at least some access. It’s much more nuanced to the electorate than, certainly, is being portrayed by elected officials looking to take victory laps.”

In February, 43 percent of Texans said they believed abortion laws here should be less strict, while 23 percent said they should stay the same. An additional 23 percent said they should be stricter, and 12 percent had no opinion. Texas banned abortions after roughly six weeks of pregnancy last September.

An overwhelming majority of Texans — 81 percent — believe abortion should be legal when a woman’s health is seriously endangered. About 73 percent support exceptions for rape or incest, and 58 percent say abortions should be legal if “there is a strong chance of a serious defect in the baby,” according to an October poll by the Texas Politics Project.

Texas’ six-week abortion ban provides no exceptions for rape, incest or severe fetal abnormality.

Ten years of aggregated polling data from Gallup estimates that 70 percent of Texans believe abortion should be legal at least in some circumstances. About 18 percent believe it should be legal under all circumstances, while 10 percent said it should be legal in most and 42 percent said it should be legal in only a few. An additional 26 percent said the procedure should be outlawed entirely.

That’s in line with most other GOP-led states, according to Gallup.

“Although technically a competitive or ‘purple’ state in terms of how it voted in the past two presidential elections, Texas is more closely aligned with ‘red’ — that is, strongly Republican — states when it comes to its residents’ views on abortion,” Gallup analysts wrote in October.

Another October survey, by researchers at the University of Houston and Texas Southern University, found that nearly 7 in 10 Texans believed the state’s six-week abortion ban was overly restrictive. Still, a majority of residents — 55 percent — supported the law, according to the poll.

At least since 2014, roughly equal portions of Texans have identified as “pro-choice” or “pro-life.” The Texas Politics Project is scheduled to release another poll Wednesday showing roughly similar trend lines, Blank said.

In February, 42 percent of voters said they were pro-choice; 38 percent said they were pro-life. Thirteen percent said they were neither, and 7 percent didn’t know.

“When we talk about abortion attitudes in the public, we’re talking about a set of opinions that, for the most part, are fixed and reinforcing,” Blank said. “Most people know what they think about abortion because they’ve been exposed to these arguments for much of their adult lives.”

But, he noted, most of those “opinions and attitudes” have been developed in a post-Roe world. That makes it difficult to predict how voters will feel or react if the high court does allow states to completely prohibit the procedure.

We’ve seen and talked about a lot of this data before. It’s important to remember three things: How the questions are worded really matters, people don’t always know exactly what the state of current abortion law is in Texas (in particular, lots of people don’t know everything about SB8), and people’s opinions on abortion may not affect how they vote or motivate them to vote.

The big question is whether this impending sea change will have a significant effect on voter behavior this year. One could argue that SB8 effectively banned abortion in Texas already and it didn’t seem to have much effect, but the confusing mechanisms of SB8 may have dampened any effect. The evisceration of Roe is a dominant national news story and will be again when the opinion in that Mississippi case is actually handed down, and there seems to be a big psychological effect in overturning Roe, as some national polls have shown that people had simply not believed that would ever happen. You could argue that the 2014 gubernatorial race was about abortion, at least to some extent, but the dynamics of that race and that year are just very different.

I don’t think we have any idea yet how this will play out, and we may not have even a vaguely decent guess at it for a few more months. We are truly in new territory, and we need to be very careful about what assumptions we make and what past events we extrapolate from. There’s clearly some energy on the Democratic side about this, but it’s May and we don’t know how long that might last. We just don’t know. But we can work to make what we want happen. Maybe now more people will be in on that. It’s our best hope.

Final 2022 primary early voting totals

It’s been a strange two weeks for early voting, so let’s get to the wrapup. Here are your final early voting totals. The table for comparison:


Election    Mail   Early   Total
================================
2018 D    22,695  70,152  92,847
2018 R    24,500  61,425  85,925

2020 D    22,785 116,748 139,533
2020 R    22,801  82,108 104,909

2022 D    13,713  82,342  96,055
2022 R     9,684  96,439 106,123

As a reminder, 2018 final totals are here, and 2020 final totals are here. Please note that the “2018 final totals” file I have is actually from the penultimate day of early voting. I either never got the last day’s totals, or I forgot to save the file to my Google Drive. The numbers in the table above are from the Election Day report for 2018, which means that the mail ballots include those that came in between the Friday and Tuesday. It would have been a smaller number if I had that day-of EV report.

Clearly, mail ballots were down. I had thought that the good number of mail ballots returned on Tuesday heralded an upswing for them, perhaps because of corrected ones getting in, but that wasn’t to be. Indeed, the combined total for Dems over the remaining three days was just a bit higher than the Tuesday total. The mail ballot total for Dems this year so far is 60% of what it was four years ago, though that will tick up a bit as the last batch rolls in. The number for Republicans dropped even more, though that is undoubtedly due in part to Republicans swallowing the former guy’s propaganda about mail ballots. Both Dems and Republicans saw more in person voters, and I’d say for sure some of that is connected, more on the R side than the D side.

How many people were actually unable to vote as a result of the new and needless voter ID requirements for mail ballots is hard to say. If I have the time, I’ll try to compare the vote rosters for the two years, to see what the mail voters of both parties from 2018 did this year. I’m sure some number of them voted (or will vote on Tuesday) in person. For those that voted by mail in 2018 but fail to vote this year, it will still be hard to say why. Primaries always have low turnout, so a no-show this year may just mean lack of interest or opportunity, for whatever the reason. I hope someone with a better view of the data comes up with a more holistic and analytic report. I fear it will mostly be all anecdotal otherwise. For sure, any suggestion that Republicans may regret their new voting restrictions are extremely premature. I’ve not doubt that some Republican consultants would prefer not to have to do new things, but they’re not representative of the party as a whole. Believe me, if they ever do come to regret this change, they will make that clear.

The Republicans had more voters this year than the Dems did, after the Dems outvoted them in 2018 and 2020. Does this worry me? Not really. Like I said, primaries are low turnout. That means people don’t participate for a lot of reasons. I think the main reason normal people do – by “normal” I mean the non-activist and news junkie portions of the population – is when there’s a headline race that grabs their attention. There wasn’t one in the 2018 primary – Beto didn’t have to run a serious primary campaign because he didn’t have a serious primary opponent, and indeed he faced questions afterward when Dems barely broke 1 million total voters statewide (compared to 1.5 million for the GOP even though they didn’t really have a headline primary race that year either) and he got “only” 62% of the vote. He’s in the same position this year – the entire story of the race so far is about Beto versus Abbott, not Beto versus Joy Diaz. On the other hand, at least as much of the story on the Republican side is Abbott versus West and Huffines, and that’s before you factor in the clusterfuck of an AG primary. Those are the kind of races that draw people to the polls.

Look at it this way: In 2016, nearly 330K people voted in the GOP primary in Harris County, compared to 227K for Dems. The November vote went pretty well for Dems in Harris County that year.

As for final turnout, it’s a little hard to say because samples are small and context changes greatly from Presidential to non-Presidential years. A little more than 40% of the Democratic vote was cast on Election Day in 2018 and 2014, while more than half was cast in 2010 and 2006. More than half was cast on Election Day in 2020, 2016, and 2008, while slightly less than half was cast in 2012. Going just by 2018, we’d probably approach 170K for final turnout. Republicans in 2018 had about 45% of their vote on Election Day, which projects them to 185-190K overall. Take all of that with a huge grain of salt – I just don’t know how to factor in the mail ballot changes, the recent aggressively revanchist policy moves by Greg Abbott et al, and just the overall state of the world. All I can say is we’ll see.

I’ll have a look at the statewide numbers tomorrow. Let me know what you think.

Beto and South Texas

Brace yourself for a lot of stories like this in the coming months.

Beto O’Rourke

In the first days of his campaign for governor, Beto O’Rourke made a beeline to this southernmost corner of the state, saying it was no mistake he was choosing to start his run in a part of Texas where Democrats have their work cut out for them after the 2020 election.

His supporters know it, too.

“We are being attacked at all ends,” Amanda Elise Salas said as she introduced him here Wednesday night. “This is a Democratic area, and there is no way we are gonna let Republicans come in here and take over.”

“They’re knocking at our door,” Mario Saenz, a Democratic precinct chair from Brownsville, said afterward. “We cannot let them in.”

A lot of Democratic hopes are riding on O’Rourke this election cycle, but few may be more consequential to the party’s future in Texas than his ability to stave off a strong GOP offensive in South Texas. Emboldened by President Joe Biden’s underwhelming performance throughout the predominantly Hispanic region last year, Republicans have been pushing hard to make new inroads there, and O’Rourke faces an incumbent in Gov. Greg Abbott who has been working for years to win Hispanic voters.

But it is not just about halting the GOP’s post-2020 march in South Texas. O’Rourke, who is facing an uphill battle in the governor’s race, has ground to make up after his own less-than-stellar performance with voters there in 2018 when he ran for U.S. Senate — and turning out more Latino voters has long been key to Democratic hopes statewide.

O’Rourke has been candid about the problem. Days after the 2020 election, which cemented Republican dominance across Texas, he told supporters that the fact that the border region “has been ignored for years by the national party, and even many statewide Democratic candidates, hurt us badly.” Last week, he began his campaign for governor with a swing through the region, calling the early itinerary “very intentional” and vowing to return frequently.

“If the great sin committed by Republicans historically has been to disenfranchise voters, including those in the Rio Grande Valley, then that committed by Democrats has been to take those same voters for granted in the past,” O’Rourke told reporters in San Antonio, before heading south to Laredo and the Valley.

O’Rourke got a wake-up call in South Texas during the 2018 Democratic primary for U.S. Senate, losing many counties in the region to a little-known and little-funded opponent, Sema Hernandez. While it was not the first time a candidate with a Hispanic surname beat expectations in a statewide Democratic primary, O’Rourke acknowledged afterward that he needed to do more outreach.

Months later, in the general election, O’Rourke failed to make significant gains in South Texas compared to his party’s 2016 presidential nominee, Hillary Clinton, which would have been key to defeating U.S. Sen. Ted Cruz. In the largest South Texas county outside San Antonio — Hidalgo — O’Rourke barely improved on Clinton’s vote share there, getting 68.8% after she got 68.5%.

Then came 2020, when Biden carried South Texas — and the Rio Grande Valley in particular — by a much narrower margin than Clinton did. He outright lost Zapata County, a longtime Democratic stronghold just north of the Valley.

[…]

Beyond any issue, though, South Texas Democrats say O’Rourke needs to show up, especially after a presidential election that left them wanting. Biden never visited Texas, let alone anywhere in South Texas, during the general election, and his running mate, Kamala Harris, visited McAllen only in the final days of the race.

To that end, South Texas Democrats are not particularly concerned about O’Rourke, who is known for his relentless campaigning. He toured all 254 counties during his 2018 race, which included a bus tour specifically focused on the border.

“We’re the poorest region of Texas, maybe one of the poorest regions in the nation, and you know, it was a huge letdown that Kamala and Biden didn’t make a prolonged appearance here in the Valley, but Beto, you know, he’s been recurringly focusing his presence here, especially in his past campaigns,” said Sebastian Bonilla, a 25-year-old from the Valley who came to see O’Rourke speak in McAllen.

Abbott has put an emphasis on South Texas since his first gubernatorial campaign in 2014, and he has been increasingly traveling there in recent months, both in his official capacity and for political appearances.

You get the idea. This kind of story is going to be the “Trump voters in diners” lodestar of 2022.

Because I tend to zero in on any actual numbers that show up in this kind of “collect a bunch of quotes and anecdotes” piece, I wondered about that Hidalgo County comparison. Just for grins, I went back and checked to see what was the best Democratic performance in Hidalgo in recent years:

2004 – JR Molina, 64.08%. For comparison, John Kerry got 54.86% against George W. Bush.

2006 – Bill Moody, 62.54%.

2008 – Linda Yanez, 73.63%.

2010 – Hector Uribe, 67.14%. That sure correlated with good Democratic performance elsewhere, eh?

2012 – Michelle Petty, 70.69%. Barack Obama got 70.40%, an improvement over the 69.02% he got in 2008.

2014 – Leticia van de Putte, 67.57%.

2016 – Dori Garza, 70.98%. Hillary Clinton got 68.50%, as noted in the story.

2018 – Steve Kirkland, 69.34%, with Beto’s 68.81% right behind. Kirkland was in a two-candidate race, while Beto and Ted Cruz also had a Libertarian in their race. Cruz’s 30.64% was actually a tiny bit behind Jimmy Blacklock’s 30.66%, though several other Republicans failed to get to 30% in their three-way races.

Latino Dems, and candidates for statewide judicial positions, were generally the high scorers. Looking at the numbers, I agree with the basic premise that Beto could have done better in South Texas than he did in 2018, and he will need to do better than Joe Biden did in 2020. The new SOS elections result website is trash and doesn’t give you a county-by-county view like it did before, so I went and found the Hidalgo County Elections page, which informed me that Biden got 58.04% in 2020, with Elizabeth Frizell being the high scorer at 61.51%; yes, another judicial candidate.

One could also point out, of course, that Biden came closer to winning Texas than Clinton did, despite doing worse in South Texas. Beto himself came as close as he did mostly by making huge gains in urban and suburban counties – to pick one example, he got 46.53% in Collin County, losing it by 22K votes, after Clinton got 38.91% and lost if by 61K votes. Beto did net 12K fewer votes in Hidalgo than Clinton did (Biden netted 32K fewer than Clinton), and he lost another 10K in Cameron County – that does add up in such a close race, though it wouldn’t have been enough to fully close the gap he still had. Ideally, he’d do better in South Texas and in the big urban and suburban counties. At least we all feel confident he’ll do the work.

We continue to register more voters

Seventeen million and counting.

Still the only voter ID anyone should need

Texas has surpassed 17 million registered voters for the first time, continuing a pace that is reshaping the state’s electorate so rapidly that even the politicians cannot keep up.

Despite a series of new election regulations from the Republican-led Legislature and more purges of inactive voters from the rolls, the state has added nearly 2 million voters in the last four years and more than 3.5 million since eight years ago, when Gov. Greg Abbott won his first term.

The result is at least 1 of every 5 voters in Texas never cast a ballot in the Lone Star State prior to 2014 — a remarkable wild card in a state that had stable politics and a slow stream of new voters for a generation before that.

“You have a largely new electorate that is unfamiliar with the trends and the personalities in the area,” said Brandon Rottinghaus, a University of Houston political science professor. “That rapid turnover leads to a lot of uncertainty for candidates.”

Texas was just short of 17 million people eligible to vote in the constitutional amendment elections Nov. 2. Harris and Dallas counties combined to add nearly 12,000 more voters as Election Day approached, putting the state over the threshold.

It’s all setting up for a 2022 election cycle that is more competitive, more expensive and more uncertain than statewide candidates are used to seeing in Texas.

Just a reminder, these are the voter registration figures for Harris County since 2014:

2014 = 2,044,361
2016 = 2,182,980
2018 = 2,307,654
2020 = 2,431,457
2021 = 2,482,914

That’s 438K new voters in the county over those seven years. I’ve gone over these numbers before, but 2014 was the first two-year cycle in the 2000s that saw a real increase in the voter rolls. It makes a difference having a government in place that wants to increase voter participation. (And yes, as I have said multiple times before, I credit Mike Sullivan, in whose tenure these numbers started to increase, for his role in getting that started.)

But there’s a group that deserves a lot of credit, too.

Texas is unique in how it runs voter registration, barring non-Texas residents from volunteering to help people through the process. Even Texans can’t help fellow Texans register without first jumping through a series of hurdles or facing potential criminal charges.

Anyone in Texas who wants to help voters register must be trained and deputized by county election officials. But going through the one-hour course in Harris County allows volunteer registrars to sign up voters only in that county. To register voters in a neighboring county, they have to request to be deputized there as well and take that training course, too.

To be able to sign up any voter in the state, a volunteer registrar would need to be deputized in all 254 Texas counties — and those temporary certifications last only two years.

Consequently, voter registrations in Texas grew at a glacial pace before 2014. From 2000 to 2014, the state added just 1 million registered voters — about the number of voters Texas now adds every two years.

Those boots on the ground that [Michael] Adams, the Texas Southern University professor, mentioned began to arrive in 2014, when a group of campaign strategists from President Barack Obama’s re-election campaign launched an effort they called Battleground Texas to build an army of volunteer registrars.

“What we’re going to do is bring the fight to Texas and make it a battleground state so that anybody who wants to be our commander in chief, they have to fight for Texas,” the group’s co-founder, Jeremy Bird, said in a national interview with talk show host Stephen Colbert in 2013.

While pundits scoffed — especially after Abbott beat Democrat Wendy Davis by 20 percentage points in the 2014 gubernatorial election — Battleground Texas says it has identified and helped train 9,000 voter registrars across Texas to find eligible voters and sign them up.

It hasn’t gotten easier to register voters in Texas. There are just more people who are able to do it, and Battleground Texas deserves praise for that. Other groups have picked up the torch from there, and the results speak for themselves. We saw in the 2020 election that Republicans can register voters, too, so like all things this strategy needs to be refined and advanced by Democrats to continue making gains. Let’s keep moving forward.

The growing field for Land Commissioner

We have some interesting candidates on our side.

Jay Kleberg

A member of a South Texas family that owns one of the largest ranches in the country is seeking the Democratic nomination for Texas land commissioner, the statewide office overseeing the Alamo’s operations and the state’s natural disaster recovery efforts.

The seat will be open during the 2022 election as Republican incumbent George P. Bush runs for attorney general.

Jay Kleberg, an Austin-based conservationist whose family owns the sprawling King Ranch in Kingsville, said in an interview with The Texas Tribune on Wednesday that his campaign will focus on fighting climate change, managing the state’s disaster recovery and improving benefits for veterans.

“It’s the responsibility of the land commissioner to combat climate change and it seems like a bold statement in Texas politics right now, but we’ve gotta follow the science,” Kleberg said.

The Texas General Land Office manages 13 million acres of public lands and mineral rights across the state. As a result, Kleberg said the office has the “ability to diversify its portfolio of renewables” and “lead the state toward a low-emission future.”

Kleberg formerly served as associate director of the Texas Parks and Wildlife Foundation, the nonprofit partner of the Texas Parks and Wildlife Department.

[…]

Kleberg said he is optimistic, pointing to his experience with the responsibilities of the office and saying conservation brings a “lot of people together.” And he suggested his bid would be well-funded, noting he has been able to raise over $100 million for conservation efforts.

This will not be Kleberg’s first bid for public office. In 2010, Kleberg ran as a Republican for the El Paso-area Texas House District 78, which is currently represented by state Rep. Joe Moody, D-El Paso. But Kleberg fell short in the three-way GOP primary that year to Dee Margo, who unseated Moody in the November general election.

Kleberg, asked Wednesday about his party switch, said that while he considers himself “a Texan first” he feels “strong about running as a Democrat” and is looking forward to the race.

“Texas deserves a representation that believes in combating climate change and bringing people together — not dividing them,” he said.

That’s Jay Kleberg of Kleberg County, where the King Ranch is. Fair to say, he’s a bit atypical for a Texas Democrat. You can see his announcement video here. He joins a field that according to the Patrick Svitek spreadsheet has four Republicans and four Democrats so far. The latter group includes Jinny Suh and two dudes I’ve not heard of.

The fact that Kleberg once ran for office as a Republican doesn’t bother me. It should be clear by now that there are a significant number of former Republicans out there, and anyone who is going to put fighting climate change at the top of their agenda is going to get a full hearing from Democratic voters. The fact that he’d be another white guy on the Democratic ballot is not a problem of his making, but as he’d have to defeat a woman of color to get there, it’s a question he’ll have to address. I think we know by now that anything can happen in these lower-profile downballot statewide primaries – for all we know, one of those other guys may win the nomination and have to answer those questions.

Of interest to me is that Kleberg County is one of the places that moved towards Trump in 2020. Obama won it 53.4% to 45.6% in 2012, Hillary won it 49.6% to 45.9% in 2016, and Beto took it 51.8% to 47.5% in 2018, but Trump carried it 50.3% to 48.6% in 2020. I should note that Kleberg split tickets in every year I looked – Republican State Rep. JM Lozano won it every year, Greg Abbott beat Wendy Davis in 2014 by a hair and Lupe Valdez by double digits in 2018, while Leticia van de Putte and Mike Collier won it in those years. Eva Guzman won it in 2016, while Chrysta Castaneda and several of the statewide Democratic judicial candidates took it in 2020. Maybe Kleberg can move the needle a bit in his home county – which by itself doesn’t mean much, as there were just under 11K votes cast there last year – and more importantly in other counties like it. I have no idea if this may be the case, or if he’d do better than Jinny Suh or one of the other dudes. It’s just the sort of thing I think about when doing posts like this. The main takeaway for you should be to pay attention to this race, the choice you make matters.

Precinct analysis: The new State House map

Like it or not, we have new State House districts. We may as well acquaint ourselves with them. The coverage we’ve had so far has focused on the 2020 election numbers to say whether a district will be red or blue or (in a limited number of cases) purple. I think that we need to see more data than that to get a full picture. I’ve spent a bunch of time on this site looking at how districts changed over the course of the past decade. This post will do the same for the new State House districts. I may do the same for the other types of districts – we’ll see how busy things get once filing season opens – but for now let’s look at how things are here.

We now have a full set of election data for the new districts. All of the data for the new State House districts can be found here. I am using election data for these years in this post: 2012, 2014, 2016, 2018, and 2020

If you want to remind yourself of what the map looks like, use the district viewer, which allows you to zoom in all the way to street level. What would have happened in the last decade if we had had this map in place following the 2011 session?

2012 – 59 seats won by Obama
2014 – 51 seats won by Davis
2016 – 64 seats won by Clinton
2018 – 66 seats won by Beto
2020 – 65 seats won by Biden

This shows a couple of things. One is just how bad a year 2014 was. Two, how effective the 2011/2013 map was for the conditions that existed at the time. Note that with this map, the big shift towards the Democrats happened in 2016, not 2018. I have to wonder how things might have played out in 2018 and 2020 if that had been our experience. After that, it gets a lot more static. I’ll tell you which districts were won by Beto but not Clinton, and which district was won by Beto but not Biden, later in this post.

Enough setup. You’re ready for some numbers, right? I know you are. I’ve broken this down more or less by region, and am including districts that are within 20 points in the 2020 results.


Dist  Obama  Romney Obama%Romney%    Biden   Trump Biden% Trump%
================================================================
014  14,134  29,676  31.5%  66.1%   30,840  38,146  43.5%  53.8%
020  19,803  40,618  31.9%  65.4%   44,651  58,876  42.2%  55.6%
045  20,079  21,248  47.0%  49.8%   48,915  32,987  58.4%  39.4%
052  16,708  28,942  35.7%  61.8%   44,974  49,046  46.7%  51.0%
054  18,164  22,668  43.9%  54.7%   26,960  31,067  45.5%  52.4%
055  17,348  26,906  38.5%  59.8%   30,054  36,826  43.9%  53.8%
118  21,895  25,284  45.7%  52.8%   36,578  34,584  50.6%  47.9%
121  25,850  47,798  34.5%  63.8%   50,133  52,533  48.1%  50.4%
122  21,516  48,130  30.4%  68.1%   50,094  59,855  44.9%  53.7%

Call this the “Central” region – HD14 is Brazos County, HDs 20 and 52 are Williamson, HD45 is Hays, HDs 54 and 55 are the infamous “donut” districts of Bell County, and the other three are Bexar. Couple things to note, as these themes will recur. One is that if there’s a district you think might belong but which isn’t listed, it’s probably because it just doesn’t qualify as a “swing” district any more. A great example is HD47 in Travis County, which was a 52-47 district for Mitt Romney in 2012. In 2020, however, it was won by Joe Biden by a 61-36 margin. HD45 is more or less the same, but I included it here as a borderline case.

Looking at the shifts, it’s not too hard to imagine the two Williamson districts moving into (back into, in the case of HD52) the Dem column, in a future election if not this year. Note also that HD118 was once a red district. It’s one of the two that Beto flipped and which Biden held. Sure, it’s accurately described in all of the coverage of the special election runoff as being more Republican than the current HD118, but one should be aware of the direction that it has traveled. I won’t be surprised if it outperforms the 2020 number for Dems in 2022. (No, the result of this special election runoff doesn’t change my thinking on that. It’s not the first time that Republicans have won a special election in HD118.)

Not all districts moved so dramatically – that parsing of Bell County looks like it will be durable for the GOP, at least at this time. The other two Bexar districts were a lot more Democratic at the Presidential level than they were downballot, so one has to wonder if the splits we see here are entirely about Trump, or if they will be the leading edge for Dems as the 2016 Trump numbers were in places like CD07 and all of the Dallas House districts that Republicans once held.


Dist  Obama  Romney Obama%Romney%    Biden   Trump Biden% Trump%
================================================================
034  28,030  19,409  58.4%  40.4%   32,171  26,232  54.4%  44.3%
035  19,519   5,678  76.7%  22.3%   22,629  16,478  57.3%  41.7%
036  21,416   7,022  74.5%  24.4%   26,905  19,328  57.6%  41.4%
037  21,580  17,109  55.2%  43.7%   27,740  26,576  50.6%  48.4%
039  23,219   8,076  73.5%  25.6%   27,861  18,679  59.2%  39.7%
041  20,882  15,585  56.6%  42.2%   33,385  25,616  56.1%  43.0%
074  25,903  16,270  60.5%  38.0%   31,415  28,538  51.7%  46.9%
080  26,122  16,344  60.9%  38.1%   27,099  29,572  47.3%  51.6%

Here we have South Texas and the Valley, where things are not so good for the Dems. Again, the districts you don’t see here are the ones that are not swing districts; check out the linked numbers to see for yourself. HD41 was pretty stable, and I will note that the current version of HD74 was carried by Trump, so the new map is a bit friendlier to the Dems, at least for now. HD80 is the Beto district that Biden lost, and as with every other Latino district we’re just going to have to see how it performs in a non-Trump year. If State Rep. Alex Dominguez, the incumbent in HD37, does indeed primary Sen. Eddie Lucio, that puts another Dem seat squarely in the danger zone. (Modulo the pending litigation, of course.)


Dist  Obama  Romney Obama%Romney%    Biden   Trump Biden% Trump%
================================================================
033  16,134  40,104  28.2%  70.1%   35,618  53,384  39.3%  58.9%
057  13,506  30,350  30.3%  68.0%   36,387  47,660  42.6%  55.8%
061  15,178  34,157  30.3%  68.1%   43,274  50,795  45.2%  53.0%
063  20,983  40,571  33.5%  64.8%   42,303  47,444  46.4%  52.0%
065  18,851  36,946  33.3%  65.2%   43,265  51,231  45.1%  53.4%
066  19,348  41,191  31.5%  67.0%   43,902  51,608  45.2%  53.1%
067  16,268  32,870  32.6%  65.7%   39,889  47,769  44.6%  53.5%
070  23,926  36,395  38.9%  59.2%   45,111  35,989  54.7%  43.6%
084  17,622  30,644  35.8%  62.3%   25,604  36,144  40.7%  57.5%
089  18,681  39,334  31.6%  66.6%   39,563  49,499  43.5%  54.5%
093  13,971  29,638  31.6%  67.0%   34,205  45,799  42.0%  56.2%
094  23,934  46,010  33.6%  64.6%   37,985  45,950  44.4%  53.8%
096  22,912  42,668  34.5%  64.2%   39,472  48,073  44.4%  54.1%
097  21,540  40,721  34.0%  64.4%   38,218  46,530  44.3%  53.9%
099  17,899  33,551  34.2%  64.2%   31,245  43,999  40.8%  57.5%
106  12,893  30,578  29.2%  69.3%   38,447  50,868  42.4%  56.2%
108  26,544  58,932  30.7%  68.1%   54,481  55,364  48.9%  49.7%
112  24,601  44,320  35.2%  63.4%   44,881  45,370  48.9%  49.4%

So much action in the Multiplex. HD33 is Rockwall and a piece of Collin. HDs 61 and 70 are Collin, HD57 is Denton. I have lumped HD84 in here as well, even though it’s Lubbock and it remains on the fringe, but I don’t care. We will make a race out of that district yet! HDs 108 and 112 in Dallas are also much more Republican downballot than they were at the top, and while I think they will eventually fall, it’s unlikely to be in 2022. HD70, by the way, is the other district that flipped Dem in 2018.

Everywhere else I look, I see districts that are about as competitive as the formerly Republican-held districts of Dallas County were circa 2012. (Note how none of them have made an appearance in this post.) Look at how huge those splits were a decade ago. A decade in the future, either we’re going to be grimly hailing the evil genius of this gerrymander, or we’re going to be chuckling about Republican hubris and how if they’d maybe thrown another district or two to the Dems they could have saved themselves a bucketful of losses.


Dist  Obama  Romney Obama%Romney%    Biden   Trump Biden% Trump%
================================================================
025  16,141  33,014  32.4%  66.2%   29,441  43,675  39.7%  58.9%
026  14,574  36,701  32.4%  66.2%   37,863  47,532  43.7%  54.8%
028  15,831  33,229  31.9%  67.0%   36,213  46,580  43.1%  55.4%
029  18,280  37,848  32.1%  66.5%   32,787  46,758  40.6%  57.9%
126  18,574  47,202  27.9%  70.7%   35,306  50,023  40.8%  57.8%
127  19,674  45,760  29.7%  69.1%   38,332  53,148  41.3%  57.3%
129  21,321  45,292  31.5%  66.9%   38,399  51,219  42.2%  56.2%
132  13,399  31,974  29.1%  69.5%   35,876  46,484  42.9%  55.6%
133  21,508  45,099  31.8%  66.7%   40,475  42,076  48.4%  50.3%
134  34,172  42,410  43.7%  54.3%   66,968  38,704  62.5%  36.1%
138  20,133  40,118  32.9%  65.6%   37,617  42,002  46.6%  52.0%
144  17,471  16,254  51.1%  47.6%   25,928  20,141  55.6%  43.2%
148  20,954  19,960  50.4%  48.0%   34,605  24,087  58.1%  40.5%
150  14,511  34,552  29.2%  69.6%   34,151  45,789  42.1%  56.5%

Finally, the Houston area. HDs 25 and 29 are Brazoria County, HDs 26 and 28 are Fort Bend. The now-in-Fort-Bend HD76 slides in here as another former swing district, going from 51-48 for Romney to 61-38 for Biden. I threw HD134 in here even though it’s obviously not a swing district by any reasonable measure in part because it was once the epitome of a swing district, and because damn, just look at how far that district shifted towards Dems. The open HD133 is unfortunately another one of those redder-downballot districts, so even though it’s an open seat don’t get your hopes up too much for this cycle. Maybe later on, we’ll see.

I’m fascinated by HD144, which like HD74 is now slightly more Dem than it was under the existing map. I guess Republicans had other priorities in the area. As for HD148, it’s a little jarring to see it as a genuine swing district from 2012, though it barely qualifies as of 2020. Rep. Penny Morales Shaw has complained about the changes made to her district, not just geographically but also by reducing that Latino CVAP by almost ten points. Finally, I will note that while the GOP shored up HD138, it’s another district that used to be a lot redder than it is now. Again, we’ll just have to see how resilient that is. That “genius/hubris” divide will largely come down to places like that.

I hope this helped shed some light on what these districts may be going forward. As always, let me know what you think.

Yeah, Greg Abbott has a ton of money

It’s the one thing he’s really good at.

Gov. Greg Abbott is starting his 2022 reelection campaign with $55 million in the bank, a staggering figure even by the already high standards for which his fundraising is known.

His campaign coffers hit the balance after he raised over $18.7 million during the last 10 days of June, his campaign announced Thursday.

The campaign said the cash-on-hand total was larger “than any other statewide candidate in Texas history.”

Seeking a third term next year, Abbott already faces at least three primary challengers. They include former state Sen. Don Huffines of Dallas and Texas GOP Chair Allen West, who announced his campaign Sunday.

The total may be a new high, but none of this is a surprise. Like I said, raising money is Abbott’s core competency. It’s an advantage, but if Beto O’Rourke or Julian Castro run against him, they’ll be able to raise plenty of money, too. Wendy Davis raised decent money in 2014 – she had bigger problems to overcome. Lupe Valdez didn’t raise anything in 2018, but that was not at the top of the list of her problems as a candidate. It is what it is. Some of that money will have to be used fighting off the other lunatics in the Republican primary, and while having a hard-fought and expensive primary is not necessarily a negative for a candidate or a party, I suspect this primary will not be about things that engage non-hardcore voters. Whatever the case, this is where we are. No one ever said this was going to be easy.

UT/Trib poll: Abbott has the best of a bunch of weak approval numbers

Same story, new chapter,

Texas voters are split over whether they approve of Gov. Greg Abbott’s job performance, though he remains popular with Republicans and more popular among Texans than President Joe Biden, according to the latest University of Texas/Texas Tribune Poll.

The June 2021 poll shows that 44% of Texans approve of Abbott’s job as governor, while 44% disapprove. That leaves him with an overall approval rating from Texas voters that’s better than those of Biden, U.S. Sens. Ted Cruz and John Cornyn, Lt. Gov. Dan Patrick, Attorney General Ken Paxton and House Speaker Dade Phelan. Abbott enjoys the approval of 77% of his own party’s voters, with 43% of Republicans saying they “strongly approve” of his performance.

Democratic disapproval for Abbott remains potent. Eighty-two percent of Democrats disapprove of Abbott, with 75% of those Democrats saying they “strongly disapprove” of his performance.

“What we’re seeing now is that Democrats are registering as much disapproval with him as they are with really any kind of national Republican figure,” said Joshua Blank, research director of the Texas Politics Project.

Abbott earned higher marks among Texas voters regarding his COVID-19 response at the start of the pandemic, Blank pointed out. In April 2020, 56% of Texans approved of Abbott’s response to the pandemic, but that slipped to 44% in the latest June poll.

“One of the things that benefited Greg Abbott was Donald Trump,” Blank said. “So Donald Trump’s inability to appear to be seriously dealing with the pandemic made Abbott’s attempts early on — even if they were criticized — much much more serious-looking, both to Republicans and Democrats, and I think that’s why his numbers were so high.”

As the pandemic drew on, Democratic disapproval of Abbott increased steadily. In the last poll, 81% of Democrats disapproved of Abbott’s COVID-19 response, with 67% saying they strongly disagree. Meanwhile, 74% of Republicans approve and 45% strongly approve.

[…]

Biden’s ratings have remained steady among both Democrats and Republicans since the February UT/TT Poll. His overall job approval with Texan voters is at 43% who approve and 47% who disapprove. When filtered by partisanship, 88% of Democrats approve of the job he’s doing, including 53% who strongly approve. As for Republicans, 84% disapprove of the job he’s doing with 77% strongly disapproving.

Texans see Biden’s COVID-19 response as a strength, while border security remains a weak point.

Overall, 49% of Texas voters approved of the president’s COVID-19 response, while 36% disapprove. Of those, 91% of Democrats approve, while 64% of Republicans disapprove.

See here for the February UT/Trib poll, which had Biden at 45 approve, 44 disapprove. There was also a May end-of-session poll that had him at 44/46. While it is true (and we have discussed before) that Abbott’s approval numbers had been bolstered in the past to some extent by him not being completely despised by Democrats, that moment has passed. It’s hard to compare his numbers to almost anyone else in the state because the “don’t know” response for them is so much higher – Ken Paxton has 32/36 approval, for instance, and for Dan Patrick it’s 36/37. My tentative conclusion is that there will likely be less of a gap between Abbott’s numbers next November and those of Patrick and Paxton (if he’s on the ballot), but that’s not set in stone. Who the Dems get to pick matters, too.

In reading this story, I got curious about how Biden was comparing to President Obama in Texas. I have mentioned that a decent approval rating for Biden next year would help Democrats on the ballot, and while it’s still early and the overall political environment is different, I thought it might be useful to have a bit of context. So I poked around in the UT Politics polling archive, and this is what I came up with:

June 2009 – 43 approve, 46 disapprove

October 2009 – 41 approve, 52 disapprove

February 2010 – 41 approve, 50 disapprove

May 2010 – 35 approve, 58 disapprove

September 2010 – 34 approve, 58 disapprove

May 2012 – 36 approve, 54 disapprove

February 2013 – 39 approve, 53 disapprove

June 2013 – 43 approve, 50 disapprove

October 2013 – 37 approve, 54 disapprove

February 2014 – 34 approve, 55 disapprove

June 2014 – 37 approve, 56 disapprove

October 2014 – 36 approve, 57 disapprove

Obama was pretty much in the same place at this point in 2009, and boy howdy did it go south from there. I’m pretty sure his overall approval numbers were better than Biden’s are now – again, the overall climate is much different – but the infamous Rick Santelli “tea party” rant had already occurred, and we know what happened next. Note that other than an outlier in June of 2013, the numbers were pretty stable and generally lousy through the first two years of each term. I included the May 2012 numbers because I came across them in my own post, but as you can see they still fit the pattern.

Obviously, if Biden is sporting similar approval numbers next year, we’re almost certainly doomed. I don’t think that will happen, but I don’t have anything solid to go on for that, so all we can do is watch and see. At least we have something to compare Biden to now.

Everyone’s waiting on Beto

Pardon me while I brew myself a cup of tea and stare meaningfully out the window.

Beto O’Rourke

Texas’ Republican statewide primaries are heating up as challengers emerged in recent weeks for both Gov. Greg Abbott and Attorney General Ken Paxton. But for all the Republican maneuvering, Democrats are remaining quiet about primary plans.

Texas Democrats are in a holding pattern as they plan for the 2022 cycle for two main reasons. First, the party establishment is waiting on former U.S. Rep. Beto O’Rourke to announce whether he will run for governor.

Secondly, and crucially, incumbents and potential candidates across the state are awaiting the release this fall of new district maps to decide whether they’ll retire, run for reelection or consider a statewide bid. The new maps will come from the decennial redistricting process where lawmakers redraw the boundaries of the state’s congressional, legislative and State Board of Education districts.

“There’s a lot of planning and strategizing behind the scenes,” said Royce Brooks, the executive director of Annie’s List, the Texas Democratic women-in-politics group. “Whatever Beto decides to do is the domino that affects everybody.”

[…]

Beyond O’Rourke, there is some chatter that former U.S. Secretary of Housing and Urban Development Julián Castro or U.S. Rep. Joaquin Castro might make a run for governor. Otherwise, the field of potential candidates are a mix of current and former state legislators.

Harris County Judge Lina Hidalgo remains a much pined-for candidate, particularly among female Democratic operatives, but so far she has not expressed interest in running statewide next year.

And there are some Democrats who have announced runs for statewide offices, but few are well-funded. Two candidates that have earned the most notice are Mike Collier, who ran for lieutenant governor two years ago and is making another run, and former Galveston Mayor Joe Jaworski, who is running for attorney general.

[…]

In a traditional election cycle, candidates tend to roll out their campaigns over the spring and summer of the off-year, but this year potential candidates are still watching and waiting for the new district maps.

The entire Texas election calendar could also be moved back, due to the delayed census amid the COVID-19 pandemic and the ripple effect on reapportionment and the Texas Legislature’s ability to draw maps.

Some statewide Democratic candidates could emerge after the maps are finished. If a Democratic incumbent finds themselves in a carved up district where he or she has no chance at reelection, the notion of running statewide — still an incredible challenge for Democrats — actually could be an easier lift than reelection.

See here for the previous update. I would say that one race has “heated up” on the Republican side, and that’s the race for Attorney General, where the opportunity to challenge a guy who’s been indicted by the state, is being investigated by the FBI and sued by several former top staffers who accuse him of being a crook, and also facing a State Bar complaint for filing a frivolous and batshit crazy lawsuit to overturn the Presidential election, would normally be seen as an obvious thing for anyone with ambition to do. The entry of a low-wattage one-term former State Senator into the gubernatorial primary is in my mind no different than Steve Stockman’s 2014 primary challenge to Sen. John Cornyn, but your mileage may vary.

I’m as big a fan of Harris County Judge Lina Hidalgo as anyone, but I say there’s a zero percent chance she runs statewide in 2022. There’s no evidence to suggest that this is something she wants to do. My personal belief is that she wants to finish the job she started as County Judge, and only then will she consider something different (which may be retiring from politics). I could be wrong, and if Democrats do break through in 2022 and President Biden carries Texas in 2024 then it’s certainly possible Judge Hidalgo could be one of presumably many Dems to throw a hat in for 2026, but the very composition of this sentence should be acting to cool your jets. I will be extremely surprised if she does something other than run for re-election in 2022.

The prospect of someone who loses out in redistricting running for something statewide is one I hadn’t really considered before. It didn’t happen in 2012, mostly because there wasn’t anyone for the Republicans to screw out of a seat that year, given how they beat anyone who was beatable in 2010. Republicans will have more targets this time, though they are also operating on much tighter margins, but I could see a legislator who gets left without a winnable district deciding to run for something statewide. If nothing else, it’s a good way to build name ID and a donor base, and puts you in the conversation for next time. It’s all too vague and theoretical now to toss out any names, but this is something to keep an eye on.

Oh, and before I forget: Please don’t make us wait too long, Beto.

Guzman to run for AG

Certainly makes that primary more interesting.

Eva Guzman

Eva Guzman, the former justice on the Texas Supreme Court, has filed paperwork to run for state attorney general.

On Friday, Guzman, a Republican, filed what is known as a campaign treasurer appointment form with the Texas Ethics Commission, saying she is seeking the office of attorney general, according to a copy of the form obtained by The Texas Tribune. Her treasurer is Orlando Salazar of Dallas, the vice chair of the Republican National Hispanic Assembly.

“Eva Guzman has served Texas for over 22 years honorably,” Guzman’s political consultant, Justin Dudley, said in a statement to the Tribune. “She looks forward to putting her experience and know-how to work in a new role. The campaign will have a formal announcement soon.”

[…]

A Guzman run would complicate the Republican primary already underway between incumbent Ken Paxton and Land Commissioner George P. Bush.

Bush announced his campaign for attorney general on June 2, sharply criticizing Paxton over his legal troubles. The attorney general has been fighting securities fraud charges for most of his time in office, and he more recently came under FBI investigation for claims he abused his office to help a wealthy donor. He has denied wrongdoing in both cases.

It remains to be seen if Guzman’s candidacy would change former President Donald Trump’s plans to get involved in the primary. Before Bush launched his challenge to Paxton, Trump issued a statement saying he likes “them both very much” and that he would make an endorsement “in the not-so-distant future.”

See here for the background. As you know, I doubt Guzman’s viability in a primary that features two prominent Trump humpers, but we’ll see if I’m right about that. Guzman does have the benefit of not being either a crook or a dilettante, and in a normal meritocratic world that would be a big asset. In a 2022 Republican primary in Texas, that remains to be seen.

For what it’s worth, of the three candidates Paxton has probably had the hardest primary race, when he first ran for AG in 2014 and faced Dan Branch and Barry Smitherman for the nomination, eventually beating Branch in a runoff. He was unopposed in the 2018 primary. Guzman easily dispatched Rose Vela in 2010, and had a closer race in 2016 against a Some Dude named Joe Pool, who had a previous Supreme Court primary challenge to incumbent Jeff Brown in 2014, and finished third in 2012 against John Devine and David Medina. I don’t get the sense that either of those races was particularly taxing, but they were both contested. Bush had a token opponent (I will give you one dollar right now if you can name this person without looking it up), and thus has had the easiest path. Don’t know if any of this previous experience matters – whatever else one may say, we’re in a different environment now – but there it is.

Paxton trial to head back to Collin County

You can go home again, apparently.

Best mugshot ever

A panel of three justices ruled Thursday that Texas Attorney General Ken Paxton’s felony fraud charges should be held in Collin County — where he lives — instead of Harris County, after a yearslong back-and-forth over where his criminal case should be heard.

The lawsuit, now nearly six years old, has been shackled by procedural delays and has not yet gone to trial because of a number of appeals related to where the case should be heard and how much the prosecutors should be paid. The suit has loomed over Paxton for nearly his entire time as attorney general, including during his narrow reelection in 2018. If convicted, Paxton could face up to 99 years in prison.

Prosecutors in the suit claim Paxton persuaded investors to buy stock in a technology firm without disclosing he would be compensated for it back when he was a member of the Texas House. Paxton denies any wrongdoing and says the accusations are politically motivated.

A panel of three all-Democratic justices in the 1st Court Of Appeals in Houston on Thursday allowed the case to return to Paxton’s home county on a 2-1 vote because of a technicality, affirming a lower court’s decision after nearly seven months of deliberation.

The case was originally to be held in Collin County but prosecutors argued that having the trial there would be unfair because of his political ties in that region. Paxton represented Collin County in the Texas Legislature for years, and now his wife, state Sen. Angela Paxton, represents the region.

The dissenting justice, Gordon Goodman, said no matter where the case is held, it is time it goes to trial.

“At this point almost six years has elapsed since Paxton was indicted. Whichever district court ultimately receives these cases should move them to trial as expeditiously as possible,” Goodman wrote in his dissent. “Further delay is anything but expedient.”

See here for the last update, which was in October. I don’t think there is anything in nature that moves more slowly than the court proceedings for this case. The prosecutors are seeking an en banc ruling, which I can understand given the split among the three-judge panel, but honestly I’m with Justice Goodman. Let’s get this show on the road, if we finally can.

And on that note, a word about this.

“If it gets moved back to Collin County, that certainly is advantageous for Paxton for two reasons: One, it’s more likely to go to a Republican judge as opposed to a Democratic judge in Harris County,” said Mark Jones, a political science professor at Rice University who has studied the case, in an interview in 2019. “And any jury pool is going to be much more sympathetic to Paxton in Collin versus Harris.”

Yes, he’ll get a Republican judge in Collin County, though one would like to hope that the judge would be impartial regardless of where the trial was held. As for the jury, I think Professor Jones is overstating things a bit. Look at the numbers:

2016: Trump 55.6%, Clinton 38.9%
2020: Trump 51.4%, Biden 47.0%

2014: Paxton 66.0%, Houston 30.4%
2018: Paxton 52.7%, Nelson 44.7%

Paxton did worse than every other statewide Republican in Collin County in 2018 except for Ted Cruz, and he only beat Cruz by a tenth of a percentage point. It’s not crazy to think that Collin County could go for his opponent next year. It’s true that Collin County is considerably less Democratic than Harris County, and as such the jury pool will likely be Republican-leaning. It’s just nowhere near as Republican as it was when Paxton was first indicted in 2015. Maybe he should have gone for the speedy trial in the first place.

Mike Collier gearing up again

I was hoping he’d be back.

Mike Collier

Mike Collier, the 2018 Democratic nominee for lieutenant governor who lost to Dan Patrick by 5 percentage points, is gearing up for another run.

Collier is launching an exploratory committee to challenge Patrick again next year, though he said it is more of a “confirmatory” committee and that he is “intent on doing this.”

“This is a rematch, and it’s all about holding Dan Patrick accountable,” Collier said in an interview, arguing that two major recent events — the winter weather emergency and coronavirus pandemic — have shown “what poor leadership does in the state of Texas.”

Collier, a Houston-area accountant, said he plans to pitch himself much like he did in 2018, playing the mild-mannered policy wonk to Patrick’s conservative firebrand. But he said he believes he has additional factors working in his favor this time, and not just the recent crises that have put a harsh spotlight on Texas Republican leaders. He has assembled a top-flight campaign team, is better-known statewide than ever and believes President Joe Biden will be an asset, not a liability, next year in Texas.

“Biden, I believe, is going to be a very popular president because his policies make sense, and then we have COVID, and then we have an insurrection, and then we have a power crisis, and all sorts of reasons for people to pay attention,” Collier said. “So you roll all that together, and I think it’s a very winnable race.”

Collier remained politically active after his 2018 run, continuing to criticize Patrick and endorsing Biden early in the 2020 primary. Collier went on to serve as a senior adviser to Biden’s Texas campaign in the general election.

Collier’s campaign-in-waiting includes alumni of Biden’s campaign both nationally and in Texas. Collier is working with ALG Research, Biden’s pollster, as well as Crystal Perkins, the former Texas Democratic Party executive director who was Biden’s finance director for a region that included Texas.

Collier acknowledged he needs to raise more money than he did in 2018, when he collected $1.3 million over the two-year election cycle, a fraction of Patrick’s fundraising. However, Collier said his team has “already been in communication with the donors [for 2022] and we feel very bullish about that.”

I’m a longtime fan of Mike Collier, and I think he’s an asset on the ticket. He’s correctly identified his main weakness from 2018, and appears to be working on it. The thing about running against Dan Patrick is that you can let him grab most of the attention – it’s not like you can prevent him from doing that – but you do need to be able to remind everyone that they have another choice. Collier was a top performer in 2018 because he was an acceptable choice to voters who were sick of Patrick. If he can build on that – and if he’s right about the national atmosphere and President Biden’s relative popularity – he can win. The Chron has more.

Of course Nate Paul’s attorney donated to Ken Paxton

I mean, duh.

Best mugshot ever

Several weeks after Texas Attorney General Ken Paxton made the unusual move of intervening in a civil lawsuit involving his friend and campaign donor Nate Paul, Paxton received a $25,000 donation from the law firm hired by Paul in the case, records show.

Involving his office in the civil case was just one of a handful of apparent interventions by Paxton on behalf of Paul that troubled the attorney general’s top aides, leading seven of them to report Paxton to law enforcement for potential corruption charges in early October, including bribery and abuse of office. Those accusations are now being investigated by the FBI.

A political action committee for the Austin-based law firm Hance Scarborough — the HS Law PAC — gave Paxton donations of $20,000 and $5,000 on June 30, records show.

Neither the attorney general’s office nor a campaign spokesman for Paxton responded to requests for comment. Paxton has denied wrongdoing.

Reached Tuesday, Paul’s former attorney Terry Scarborough said he “did not know anything about our PAC contributions” because he is not the managing partner of the firm and declined to comment. Scarborough withdrew from the still-pending civil case this fall and no longer represents Paul’s business entities.

Managing partner Jay Stewart, who is trustee of the PAC, said it operates independent of the firm’s litigation section and that the donation had nothing to do with any cases.

“That was a contribution that we routinely make,” Stewart said. “I wasn’t even aware of that piece of litigation that Mr. Scarborough worked on.”

He said the firm, which represents clients in matters relating to regulatory and public policy law, has been giving to the attorney general’s office for years, even before Paxton took office. The firm has also donated to Paxton since his days as a Texas legislator, he said.

State campaign finance data shows the PAC last donated to Paxton in 2014, a total of $10,000 in the runup to Paxton’s first election.

Still, the donation this past summer marks the second financial tie, albeit an indirect one, between Paul and Paxton to come to light. The Houston Chronicle first reported in October that Paul had donated $25,000 to Paxton in 2018 for his re-election campaign.

There’s almost too much backstory on this to read if you need to catch up, but this and this will get you started. There are two obvious facts here to state. One is that contributions like this are in fact routine and common and under normal circumstances would not merit any scrutiny. You can feel about that however you want to feel about it. The second is that Ken Paxton deserves zero benefit of the doubt at this point. These contributions by themselves are perfectly legal and don’t mean anything, and yet in the context of the larger story they’re yet another piece of a big puzzle. The picture that puzzle represents is already quite clear.

A comparison to 2012

A lot of the takes on this election – and I’m guilty of this, too – involve comparisons to 2016 and 2018. That’s fair – those are the most recent elections, the only other elections that involve Trump, the patterns that we’ve been seeing had their start in 2016 and accelerated in 2018, which is what led to the inaccurate expectations for this year – but perhaps a slightly broader lens can help illuminate something that I think is being missed right now. So let’s cast our eyes all the way back to the ancient year of 2012, and see where we are today compared to then.

In 2012, Mitt Romney beat Barack Obama for President by 1,261,719 votes, and by nearly 17 percentage points. Donald Trump is leading Joe Biden by 648,690 votes, which is less than six percentage points. Joe Biden received 1,903,282 more votes than Obama did; Trump received 1,290,243 more votes than Romney did.

In 2012, Republicans won 95 seats in the State House; they would win 98 in 2014, and 95 again in 2016. Ninety-three of those were the same as in 2012; HD21 went red in 2014, and HD107 flipped blue in 2016. I know they’re doing a victory dance about holding onto the 83 seats they won in 2018, but it really needs to be emphasized that with this map that they drew, which gave them at least 95 seats in each of the first three elections where it was used, they were now topped out at 83.

In 2012, Republicans held 19 State Senate seats; they picked up a 20th in 2014. Today they hold 18. In 2012, Republicans held ten SBOE seats; they had won an 11th in 2010 but couldn’t hold it in a normal year. Today they hold nine. In 2012, Republicans held 24 Congressional seats. Today they hold 23. We certainly would have liked for that number to be lower, and we felt we had reasons to believe it would be lower, but it is still lower than it was in 2012.

In 2012 in Harris County, Republicans held all of the county court benches, most of the district court benches, all but one of the First and 14th Courts of Appeals benches (the one held by Dems, which had been won in 2008, would be lost in 2014), four out of five seats on Commissioners Court, and all of the following executive offices: District Attorney, County Clerk, Tax Assessor, District Clerk, Treasurer. Today, Democrats hold all of the county court and district court benches, about half of the appeals court benches, three out of the five seats on Commissioners Court, and all of the executive offices.

You can tell a similar story in Fort Bend County, where Dems now hold a three-out-of-five seat majority on Commissioners Court, and all of the executive seats and judicial positions that had a Democrat running for them in 2018 or 2020.

We can talk about other counties, like Williamson and Tarrant, but you get the idea. I don’t want to downplay the issues that Democrats face, or the disconnect between our goals for 2020 and our accomplishments, but I do want to point out that we’ve come a long way in eight years. We shouldn’t lose sight of that.

Initial thoughts about the election

And now for some reactions and analysis…

– The polls were garbage. Oy vey. Not just here, though they were definitely off here, underestimating Trump and the Republicans after doing the same to Beto and the Dems in 2018. This time, after all that national soul-searching following the 2016 state-level misfires (the national polling was fairly accurate overall in 2016), we got this flaming mess. Not my problem to solve, but I wonder how much of this is the known issue of “differential response” writ large. We know that in some circumstances, like when there’s been a big news event, one candidate’s supporters, or members of one party in general, may be more or less likely to answer the phone and respond to a pollster. It may be that just as a matter of course now, Republicans are less likely to respond to polls, in a bigger way than previously thought, and that had a disproportionate effect on the numbers. I’m just guessing here, but if that’s the case then perhaps the web panel approach to polling needs to be used more often. For what it’s worth, the UT/Texas Tribune and UH Hobby School polls from October, both of which had Trump up 50-45, used web panels. Maybe that’s a fluke, maybe they had a better likely voter model going in, maybe they were onto something that the others weren’t, I don’t know. But they came the closest, so they get the glory. As for the rest, thanks for nothing.

– Along those same lines, pollsters who did deeper dive polls on Latino voters, such as Univision and Latino Decisions, really need to question their methods and figure out how they went so mind-bogglingly wrong. I get that what we had, at least to some extent, appears to have been lower-propensity Latino voters turning out at surprisingly high levels for Trump, but damn, this is your job. You need to be on top of that.

– The old adage about “Texas isn’t a red state, it’s a non-voting state” can be safely buried for now. We had record-breaking turnout, over 11 million votes cast when we’d never surpassed nine million before, and yet Trump still won by six points while other statewide Republicans were winning by nine to eleven points. To be sure, that’s closer than 2016 was, but at this rate we’ll need to have thirty million people voting for Dems to catch up, and I feel confident saying that ain’t gonna happen anytime soon. The lesson here is that there are low-propensity Republican voters, too, and they are capable of showing up when they are persuaded. We saw that happen in 2018, and we saw it again this year.

I admit I bought into the hype, and put too much faith into the idea that the non-voters would be more consistently Democratic than Republican. To be fair, I think that was the case in 2018, as Democrats made huge gains relative to past off years. It’s certainly been the case in Harris County that increases in voter registration have led to significant increases in Democratic votes – I’ll get to this in more detail later in the post, but this can be pretty easily quantified, and it’s why Dems have been dominating the countywide races with increasing ease. It’s where those gains came from that seems to have been a difference-maker.

I don’t want to sell short what was accomplished here. Joe Biden got over 1.3 million more votes than Hillary Clinton; Trump improved on his total by about 1.15 million. Chrysta Castaneda got 1.36 million more votes than Grady Yarbrough. The statewide judicial candidates got between 3,378,163 and 3,608,634 votes in 2016; in 2020, the range was 4,762,188 to 4,899,270 votes. If you want to be particularly gruesome, Biden got 3.3 million more votes than Wendy Davis did for Governor in 2014. Granted, Trump outdid Greg Abbott by just over 3 million votes, but still. A lot more people now have voted for a Democrat in Texas than at any other point in history. Even as we pick through the wreckage, that’s worth keeping in mind.

So how do we close that remaining gap of 700K to one million voters statewide? One, we should remember that off year elections are far more volatile from a turnout perspective, and we need to do everything we can to make these new folks habitual voters while we continue to register and recruit new voters. Two, having dynamic statewide candidates, who can learn the lessons of these past elections while applying them to the environment they’re in, would help. And three, maybe we need to give another look to the reviled old “persuasion” strategy, and see how we can do a better job of peeling away some of the other guy’s voters. Easier said than done, but then that’s why I’m a blogger and not a campaign professional.

– By the way, if anyone asks you who the current all-time vote leader in Texas is, the answer as of 2020 is Supreme Court Justice Jane Bland, who tipped the scales at 6,002,233 votes. No one else topped six million. She was helped by not having a third-party opponent in the race; the Libertarians in three other races got between 254L and 283K votes.

– I take no position on the question about whether the Republicans’ continued use of traditional door-to-door campaigning during the pandemic, which the Democrats largely eschewed out of a sense of safety for their campaign workers and as a statement of living their values, was a factor in this election. The academic research on various methods of increasing turnout and persuading swing voters is mixed, and does not suggest that one method (such as door-knocking) is clearly superior to others (such as phone-banking). Winning teams always point to their methods and strategies as the reason why they won and the other team lost. I’m not saying this couldn’t have made a difference, or that it didn’t make a difference. It may have, and I have no way to disprove the assertion. I’m just saying that it’s anecdotal data, and I consider it to be such.

– Also, too: I saw people again cursing Beto’s name for not running for Senate this year. All I can say is that anyone who thinks Beto would have done better than Biden is not thinking clearly. He probably would have exceeded MJ Hegar, but there’s a lot of room between that and winning. With all the money that was spent in Texas this year, I do not buy the argument that having Beto on the ticket would have moved the needle for Dems.

– Speaking of money, hoo boy. I hope this isn’t the end of our candidates being able to raise enough of it. We’re going to need plenty in 2022.

– How much of an effect did the lack of straight ticket voting have? Far as I can tell, very little. In Harris County, there were 1,633,557 votes cast in the Presidential race. Way down at the bottom of the ballot, in the two At Large HCDE races, there were 1,551,731 and 1,548,760 votes. In other words, about 95% of the people who voted in the Presidential race also voted in these two HCDE races.

Now, if you look at the various judicial races, you will see that Democratic judicial candidates generally got 60-80K fewer votes than Biden, while most Republican judicial candidates (though not all) exceeded Trump’s total. Some of that was just crossover voting, which we knew was happening, but some of it may have been a greater propensity by Dems to skip some number of downballot races. It’s hard to say how much is each. For what it’s worth, 12 out of 15 Dem judicial candidates (district and county courts) who had a Republican opponent had fewer votes than MJ Hegar, who had 848K to Biden’s 911K, while 8 out of those 15 Republican opponents did better than John Cornyn’s 717K votes; Trump got 699K, and all but two of those Republicans did better than that, while no one came close to Biden.

So did the absence of straight ticket voting mean more crossovers in general? I will remind you, as I have done before, there’s always a range of outcomes in the judicial races, so there has always been some amount of crossover voting, just usually not that much. Why did MJ Hegar get so many fewer votes than Joe Biden did? Some of it was more voting for third party candidates – there were 22K votes for the Libertarian and Green Presidential candidates, and 42K such votes in the Senate race – some of it was the 26K fewer votes cast in the Senate race (about 98.5% of all Presidential voters also voted for a Senate candidate), and some of it was the 18K people who voted for Cornyn but not Trump. Make of that what you will.

– While I’m thinking about it, let me update that range-of-results table I just linked to:


2004 
Rep 524K to 545K
Dem 460K to 482K

2008
Rep 526K to 564K
Dem 533K to 585K

2012
Rep 550K to 580K
Dem 555K to 581K

2016
Rep 580K to 621K
Dem 643K to 684K

2020
Rep 690K to 740K
Dem 812K to 865K

So congratulations to Republicans, who have boosted their base vote by almost 200K since 2004, while Dems have increased theirs by over 380K. Five points was as close as any Republican got.

– Despite their successful defense of their Congressional and legislative seats, Republicans still face some tricky decisions in redistricting. Look at it this way – in an election year that clearly wasn’t as good for Dems as 2018 was, they still managed to hold onto all but one of the seats they won that year. The same map that gave Republicans 95 House members was only good for 83 this year, and it wouldn’t have taken much to knock that number down by a half dozen or so. Morgan Meyer and Angie Chen Button may have survived, but Dallas County is a problem for the GOP. Harris County has three safe Republican districts – HDs 127, 128, and 130 – four that are still pretty safe but have gotten a lot less so over the decade – HDs 126, 129, 133, and 150 – and two on the knife’s edge, HDs 132 and 138. That may have been hard to see from the vantage point of 2011, but the broad outlines of it were there, and as I have noted before, HDs 132 and 135 were already trending Dem in 2012, with both being a little bluer than they were in 2008 despite 2012 being a slightly lesser year for Dems overall. Who’s going to need protection, and whose seat may wind up on a target list a couple of cycles later because you didn’t understand the demographics correctly? In Congress, Dan Crenshaw won by a comfortable 14 points…in a district Ted Poe won by 24 points in 2016, and 32 points in 2012. How do you shore him up? Splitting pieces of Travis County into four Republican districts was a great idea, until it threatened the re-election of three of those Republicans. Who even knows how many Congressional seats we’ll have, given the chaotic nature of the Census?

Oh, and here in Harris County, I’m sure the Democratic majority on Commissioners Court will bolster Adrian Garcia in CC2, as the Republicans did for Jack Morman in 2010. The bigger question is do they go after their new colleague Tom Ramsey, or do they just not help him out and hope nature takes its course? That’ll be fun to watch.

I think that’s it for now. I’m sure more things will occur to me as we go. When I get a draft canvass, I’ll start doing the usual slicing and dicing.

November 2020 Early Voting Day Five: How not to look at the early voting totals

From Twitter on Friday:

You can click over to see the thread, but it’s based on the share of votes that came from precincts won by Hillary Clinton in 2016 versus the share of votes that came from precincts won by Trump in 2016. As of Day Three, the same share of votes from Clinton precincts had been cast in this year’s election, which led to the conclusion that Biden was not outperforming Clinton, at least not yet.

There are several problems with this approach. First and foremost is that “precincts” is too rough a measure to use. Precincts are not uniform in size – there are precincts with upwards of four thousand voters in them, and there are precincts with fewer than one thousand, even those with fewer than one hundred. There are precincts that would have gone well over eighty percent for one candidate or the other, and precincts that were close to fifty-fifty. People move, so over the course of four years a given precinct could be quite different in composition or size. And as we have seen, some people have shifted their voting preferences – college-educated white women, in particular – so one’s vote in 2016 isn’t quite as predictive of one’s vote in 2020 as one might think.

There’s also the fact that the main Democratic strategy is just simply adding to their pile of potential voters, and then turning out as many of them as possible. I’ve said multiple times and in several contexts that there are just simply more Democrats in Harris County than there are Republicans. We saw this illustrated very starkly in 2016, when the total number of Democratic voters increased a lot more from 2012 than the number of Republicans did. See here for my explanation of that. The core of the Democratic voter registration strategy is that most of the folks who had not been voting before were people that were likely to support Democrats, and the focus has been on getting them registered check) and then turning them out. That worked quite well in 2016 and in 2018, and it’s the plan for 2020.

Well, what about the data that we have that suggests most of the voters so far are the old reliables? I will remind you, we haven’t even gotten to the starting line for what would have been the early voting period for this year, and there’s already been a ton of votes cast with that full time span to get everyone else out. There are better ways to estimate what the electorate so far looks like, I’ve talked about this before, and it’s based on using a data model on the vote roster that gives every voter a score of how likely they are to vote D or R, and then sum it all up. There’s some assumptions baked in, and the quality of the data varies a bit from cycle to cycle, mostly because underlying conditions change, but on the whole it’s a reasonable picture. One thing we know is that the first Saturday of the early voting period is a banner day for Democrats, at least in Harris County. That was even true in disaster years like 2010. This year we have two Saturdays, so maybe things will be a bit different – for sure, this Saturday will not be the high-water mark for the week, which is a change from other years – but it is a reminder that different people vote at different times.

In fact, in recent elections, it’s been Democrats who have done better on Election Day than in early voting. Here’s a comparison of the straight ticket vote for the last three high-turnout races:


2012 early - 279,619 R, 259,664 D - 51.9% R, 48.1% D
2012 E day - 124,546 R, 147,327 D - 45.8% R, 54.2% D

2016 early - 308,027 R, 333,477 D - 48.0% R, 52.0% D
2016 E day -  93,636 R, 128,553 D - 42.1% R, 57.9% D

2018 early - 298,644 R, 355,861 D - 45.6% R, 54.4% D
2018 E day - 112,010 R, 159,951 D - 41.2% R, 58.8% D

“Early” combines the mail vote with the early in person vote. I skipped the third party straight-ticket vote for this comparison. Obviously, with a lot more of the vote occurring early, that part of the vote has a much greater effect on the outcome. My point is simply that in past years, the early vote was not necessarily indicative of where everything would end up. Dems in general were trailing in 2012 after early voting, and mostly caught up on Election Day. That was also true for candidates like Ann Harris Bennett in 2016, and Lina Hidalgo in 2018.

I should note that this pattern has also held true for the two most recent lower-turnout races, in 2010 and 2014, which were Republican-dominant years. Dems actually cast more straight ticket votes on Election Day in 2010 than Republicans did, though it wasn’t nearly enough to mitigate the losses they suffered. In 2014, Dems lost all three parts of the vote, but by a smaller margin on Election Day.

The one year where this pattern was broken was 2008 – Dems won the early vote, and Republicans won Election Day, though not by enough for the most part to win countywide. Now to be fair, this year resembles 2008 in a lot of ways – Democratic enthusiasm was through the roof that year, and no one was surprised to see the initial results on Election Night. It will not surprise me if Republicans do better on Election Day than they do in early voting. That doesn’t necessarily mean they’ll make up ground on Election Day – it may just mean they lose the day by less, as was the case for Dems in 2014. Remember, the thesis here is there are more Dems than Republicans. That means that if Republican turnout is pretty good so far – and it does seem to be – then it also means they’re going to run out of voters faster than the Dems. I’d submit that’s what happened in both 2016 and 2018.

All this is for Harris County. I can’t speak for other counties. In a place like Denton County, for example, where Dems made great strides in 2018 but were still outnumbered overall as of that year, it may be that the population growth there plus the level of enthusiasm on the Republican side is enough to not only hold off further Dem advances, but increase the Republican advantage. We won’t know, or at least I won’t know, until we start seeing results. The same strategy of registering more voters, on the same belief that they are on balance more Dem than Republican, holds there. How well it works remains to be seen.

And speaking of Saturday numbers, we now have them. The Day Five daily EV totals are here. You can find the daily totals for 2008 and 2012 (and 2016 as well, but I’ve got a separate link for it) here, for 2016 here, and for 2018 here. I’m just going to give these numbers today, because we’re now at a point where the day-to-day no longer makes sense:


Vote type  Saturday    Total
============================
Mail          8,807   67,255
Drive-thru    7,806   49,970
In person    57,675  468,738
Total        74,288  585,963

Derek Ryan sent out an email that covered the first four days, which you can see here. For the table above, I broke out the drive-through votes from the other in person votes, because why not. I’ve been meaning to ask if they’re tracking dropped off mail ballots separately, I need to follow up on that. Having a Saturday be at two-thirds the level of the Thursday and Friday would be deeply weird in a different year, but this year, who can say? I have no idea what to expect this week or next weekend. Early voting hours today are 12 to 7, instead of the usual 1 to 6, so maybe we’ll get 30-35K. If that’s about right, then with some 620K early and mail votes in the hopper as of Monday, the “normal” start for early voting, we’d need to average 60K votes per day to equal the 1.34 million total turnout from 2016. We’ll see how it goes on Monday and Tuesday, but yeah, I do think that’s within reach. It would mean something like 200K (for the lower end) to 400K (for the high-end Chris Hollins-predicted 1.7 million) voters left for Election Day. Like I said, we’ll see what the next week brings. Have you voted yet?

When Republicans fight

Such a sight to see.

Gov. Greg Abbott’s most exasperating allies sure chose an awkward time to act up.

In the face of a momentous election, with an array of issues that includes the pandemic, the recession, climate change, racial justice, law enforcement and the next appointment to the U.S. Supreme Court, the chairman of the Texas GOP and a gang of lawmakers and activists have instead picked a fight with Abbott, who isn’t even on the ballot, over his response to the pandemic.

On the surface, they’re asking the courts to tell the governor that adding six more days of early voting to the calendar was outside of his powers. Abbott made the move under emergency powers he has claimed during the pandemic — the same powers he has used at various times to shut down schools, limit crowd sizes and limit how many customers businesses can serve at a time, or in some cases, to close businesses altogether.

The timing is connected to the Nov. 3 general election; even with the arguments over emergency powers, opponents of the governor’s action would be expected to grab for a remedy before early voting starts on Oct. 13. One might say the same about other lawsuits challenging the governor’s orders — that they’re tied not to politics, but to current events. Bar owners want to open their bars, for instance, and are not in the financial condition or the mood to stay closed until after the elections just to make the current set of incumbents look good.

What’s unusual is to see so many prominent Republican names on the top of a lawsuit against the Republican governor of Texas this close to an election.

In a gentler time, that might be called unseemly or distracting. Speaking ill of another Republican was considered out of bounds for a while there. Those days are over. What’s happening in Texas illustrates how the pandemic, the economy and other issues have shaken political norms.

As the story notes, this is also playing out in the SD30 special election, where Shelley Luther – supported by a million dollars from one of the Empower Texans moneybags – is busy calling Abbott a “tyrant”. There’s talk of various potential primary challengers to Abbott in 2022 – see the comments to this post for a couple of names – but I don’t see any serious threat to him as yet. If Dan Patrick decides he wants a promotion, then we’ve got something. Until then, it’s all talk.

But let me float an alternate scenario by you. What if the nihilist billionaires behind Empower Texans decide that Abbott and the Republican Party have totally sold out on them, and instead of finding someone to take Abbott out in a primary, they bankroll a petition drive to put some pet wingnut on the November ballot, as an independent or the nominee of some new party they just invented? It’s crazy and almost certain to hand the Governor’s mansion over to the Democratic nominee, but no one ever said these guys were strategic geniuses. It’s been said that there are three real political parties in Texas – the Democrats, the establishment Republicans, and the far right whackadoo Republicans. This would arguably be an outgrowth of that, and in what we all hope is a post-Trump world, there may be similar splits happening elsewhere.

How likely is this? As I said, it makes no sense in the abstract. It’s nearly impossible to see a path to victory for either Abbott or the appointed anti-Abbott. It’s instructive to compare to 2006, where Carole Keeton Strayhorn and Kinky Friedman were taking votes away from both Rick Perry and Chris Bell. Nobody who considers themselves remotely a Democrat is going to be wooed by whoever Empower Texans could vomit onto the ballot. Maybe they would consider a victory by Julian Castro or whichever Dem to be preferable to another Abbott term, in their own version of “the two parties are the same, we must burn down the duopoly to get everything we want”. Just because it makes no sense doesn’t mean it can’t happen. For now, if I had to bet, my money would be on some token but not completely obscure challenger to Abbott in the primary – think Steve Stockman against John Cornyn in 2014, something like that. But a lot can happen in a year, and if the Dems do well this November, that could add to the pressure against Abbott. Who knows? Just another bubbling plot line to keep an eye on.

Trib overview of the Senate race

It really comes down to the top of the ticket. There’s no getting around it.

MJ Hegar

Even before a pandemic struck, protests over racial justice took to the streets and a vacancy opened on the U.S. Supreme Court, this year’s U.S. Senate race was poised to be different from the last one in Texas.

John Cornyn is not as polarizing as Ted Cruz, the thinking went, and MJ Hegar is no Beto O’Rourke.

Add in a wave of news and other high-profile 2020 contests, and Texas voters are getting a much lower-octane race, a far cry from Cruz’s battle royale against O’Rourke and all its theatrics.

But that does not mean this year’s race is lacking in contrast.

As he embarks on the final several weeks of his quest for a fourth term, Cornyn is pitching himself as a “steady hand on the wheel” who has the stature to guide Texas through a turbulent time. Hegar, meanwhile, is happily running to the contrary — as a disruptive change agent who can usher in a new era of federal representation for a changing Texas.

While Hegar’s pitch is broadly similar to what O’Rourke’s was, Cornyn is taking a notably different path than Cruz, a student of base-first politics who believed what he needed most in 2018 was maximum conservative turnout. Instead, Cornyn is running for reelection with more appeals to the political center, often inviting questions — most vocally from Hegar — about whether his rhetoric matches his record.

But in any case, it is a dynamic destined to shape the final several weeks of the top statewide race after the presidential contest.

[…]

At the end of the day, Cornyn’s fate may be tied to Trump more than anyone else come November. Asked about his biggest challenge this November, Cornyn brought up the massive turnout that is expected, largely driven by the polarizing president, and how different it will be from when he was last on the ballot. A total of 4.6 million people participated in the 2014 Senate election, and Cornyn said he likely will have to garner more votes than that alone this fall to win a fourth term.

With Trump dominating the political landscape across the country, Cornyn said he does not “just want to kind of surf the waves of national news cycles” and wants to make a case for himself independent of Trump. The president gave Cornyn an early reelection endorsement, helping to ensure a noncompetitive primary.

Cornyn occasionally offers gentle dissent with the president but has not emphatically broken with him on any major issue in recent memory. When it comes to the November election, he said he would like Trump to talk more about his accomplishments, namely on the economy — and that he has expressed as much to the president.

“To me the real question in this election is: Who do you think is best suited to help rebuild our economy in the wake of the pandemic?” Cornyn said. “Is it Joe Biden and Kamala Harris? Or is it Donald Trump and Mike Pence? And for me, it’s not even close.”

Beyond policy, though, Hegar has sought to make the race almost as much about character, pitching herself as a stronger avatar of Texas toughness.

In ads, Hegar talks up her military heroism and rides her motorcycle, and on the stump, she has denounced Cornyn as a “spineless, pantywaist, bootlicking ass-kisser.” She defended the approach in the interview, saying it is “important people understand his level of cowardice because I’ve been to D.C.” — to lobby for women in combat — and she has seen firsthand what it takes to overcome adversity there.

I agree with John Cornyn, it will take more than 4.6 million votes to win in November. That’s actually not saying much – even Wayne Christian topped 4.6 million in 2016, with the statewide judicial candidates all exceeding 4.7 million and in some cases 4.8 million. Five million seems like the bare minimum to win, and let’s be honest, that is a bigger leap for Dems to make, since Beto was the first Dem ever to top four million. To that extent, the Presidential race almost certainly helps Dems like Hegar more than it does Republicans like Cornyn. It’s still a big gap to close. The capacity is there, and Dems took a huge leap forward in 2018, but let’s keep the magnitude of the task in mind.

How much this race will be distinguished from the Presidential race is unclear. This is literally the first race on the ballot after the Presidential race, so any concerns about the lack of straight ticket voting should be minimal. I’ve seen maybe one ad for each candidate so far – Lacey Hull and Lizzie Fletcher, neither of whom are on my ballot, have been a much more frequent presence on my teevee. The Beto/Cruz race in 2018 was the top of that ticket, both literally and practically, since the Governor’s race was a much quieter affair. Some people may decide to vote in this race, in particular to split a ticket in this race, based on the campaigns, but my guess is that will be minimal. If Joe Biden wins Texas, MJ Hegar has an excellent chance of beating John Cornyn; if Donald Trump wins Texas, Cornyn will almost certainly get re-elected. I think a Biden/Cornyn combination is slightly more likely than a Trump/Hegar parlay, but how probable either scenario is I have no idea. The main message here is what it’s always been: Vote. Make sure everyone you know votes. It’s as simple as that.

The HCDE makeover

One more world to conquer in Harris County.

David Brown

The future looked bleak for Texas’ last remaining county education department in early 2019.

After years of state-level efforts to abolish the Harris County Department of Education, a new majority of trustees signaled they would take a more critical look at the agency’s inner workings and whether it still served the core function of supporting local school districts.

Less than a year later, the entire makeup of the board has changed. Now a 5-2 majority of HCDE supporters oversee the department and its $128 million annual budget, a majority that could grow after the November election.

The two board seats on this year’s ballot — two of the three at-large positions — are held by Republicans Don Sumners and Michael Wolfe, the remaining trustees who have been critical of the department in the past. Sumners is seeking re-election, and although Wolfe is not running for his old seat, his father, Bob Wolfe, is.

Sumners’ Democratic opponent is David Brown, an educator who works for Change Happens, a Third Ward-based nonprofit that provides mentoring, drug prevention and other services to low-income youth. Democrat Erica Davis, chief of staff for Precinct 1 Constable Alan Rosen, is running against Wolfe. If Brown and Davis capture the two at-large positions, board president Eric Dick — who has opposed efforts to shut down the department — would be the lone remaining Republican trustee.

[…]

Erica Davis

In recent decades, the department has been the subject of frequent criticism of some state and local conservatives who call it an unnecessary bureaucracy that would better serve districts if it were dissolved and its assets were given to local schools.

Republicans who shared that belief gained control of the board after the 2018 midterm elections and were quick to exercise their new role. Former trustee Josh Flynn was named board president during his first meeting in January 2019. Minutes later, the board voted to scrap a contract with a lobbying firm that represented HCDE interests in Austin.

They voted the following month to change the composition of an ancillary board that issues bonds and oversees construction contracts. They asked the board attorney to investigate the department’s Education Foundation, then put an item on two meeting agendas to replace the same attorney with a representative from Republican state Rep. Briscoe Cain’s law firm, an ally of the Republican trustees. The board ultimately kept its original lawyer after the item to remove her was tabled.

Tempers flared between the new majority and those who supported the agency. Trustee Eric Dick, the sole Republican on the board who supported HCDE, frequently exchanged terse words with the new majority, especially former President Flynn and Trustee Michael Wolfe. The tension came to a head after Dick reported that Wolfe had made sexual advances on a woman who had applied to become the board’s secretary, and allegedly attempted to blacklist her among Houston Republican groups after she turned down his advances.

After reviewing a third-party report on the allegations commissioned by the board, trustees voted to censure Wolfe in April 2019, and Harris County Attorney Vince Ryan launched an investigation into the allegations. Wolfe has denied the allegations, and the county attorney has yet to release any findings.

Ultimately, the board’s Republican majority was short-lived. Former Trustee George Moore resigned after moving out of Harris County in May 2019, and the board later appointed Democrat Amy Hinojosa to replace him. Flynn resigned in December that same year after his eligibility to run for the Texas House was questioned due to his position on the board. The board appointed Democrat Andrea Duhon to take Flynn’s place, firmly shifting the board majority.

“I have to tell you, it seems like it’s working like a well-oiled machine,” Duhon said. “It’s been fabulous not having to worry about someone coming in and trying to tear it all apart.”

Sumners, Bettencourt and other Republicans have blamed Flynn for the shift in power. Though Republicans outnumbered Democrats for most of 2019, Dick sided with the Democrats amid an ongoing feud with the Republican trustees, resulting in a 3-3 deadlock that left the board unable to appoint Moore’s replacement. Moore was barred from voting.

In December, however, Flynn skipped a meeting where trustees were set to appoint his and Moore’s replacements. That allowed Dick and the two Democrats to appoint Hinojosa and Duhon.

See here for some background. I had wondered how it was that a board with a Republican majority managed to appoint two Democrats as replacement for departing Republicans, thus turning a 5-2 GOP majority into a 4-3 Dem majority. Pretty hilarious, if you ask me. It’s only the second time in my memory that the Dems have had a majority on the HCDE Board. A brief history:

2006: All seven members are Republicans, after Dems failed to field a candidate in the Precinct 1 position (the incumbent, who had not drawn a primary challenger, withdrew at the last minute).

2008: 5-2 Republicans after Jim Henley and Debra Kerner win the two At Large positions that were on the ballot, as part of the initial Democratic breakthrough in Harris County. Kerner’s opponent in that election, by the way, was none other than Stan Stanart.

2012: Erica Lee wins the Precinct 1 position, and Diane Trautman wins the third At Large spot, thus giving the Dems a 4-3 advantage.

2014: Republicans take back the two At Large positions they lost in 2008 and go back up by a 5-2 margin on the Board. Michael Wolfe, who had lost in 2012, and Don Sumners are elected.

2016: No change in composition, but Sherrie Matula loses the Precinct 2 race by a whisker. Eric Dick is elected in Precinct 4.

2018: Still no change in composition. Danny Norris succeeds Erica Lee in Precinct 1, Richard Cantu succeeds Diane Trautman in the At Large position, and Josh Flynn defeats Andrea Duhon by less than 2,000 votes for the Precinct 3 spot. While Republicans maintain a 5-2 majority on the Board, they now have a majority of Board members who want to undermine what the Board is doing.

Late 2019, after the filing period for 2020 closes: George Moore (who had defeated Matula by less than 500 votes in 2016) resigns for personal reasons, and Josh Flynn resigns (after a bit of a kerfuffle with the county GOP) to pursue the nomination in HD138 (he would lose the primary). As described above, Amy Hinojosa and Andrea Duhon are appointed, giving the Dems a 4-3 majority again. With the Dems favored to win the two At Large seats back, they would have a 6-1 majority for next year. Hinojosa will be up for election in 2022, and Duhon in 2024.

So there you have it. There have been some attempts in the Lege to curtail the HCDE , and it won’t surprise me if there are bills to that effect filed in this session. Having a Dem House majority would block that. In the meantime, I don’t know what has gotten into Eric Dick, but I approve. Remember to vote in these races, they will be way down at the bottom of the ballot. Any chance you get to vote against Don Sumners, you owe it to yourself to take it.

Green Party candidate for Supreme Court withdraws

It’s not an election without a bit of ballot drama.

Judge Amy Clark Meachum

Charles Waterbury, the Green Party candidate for Texas Supreme Court chief justice, has dropped out of the race after an opponent questioned his eligibility to run.

Waterbury’s withdrawal notice was submitted to the Texas secretary of state’s office Monday and notarized Friday, the same day his Democratic opponent, Amy Clark Meachum, sought a court order declaring his candidacy invalid.

Meachum’s emergency petition to the Supreme Court, the same body she hopes to join, argued that Waterbury is prohibited from appearing on the ballot as the Green Party nominee because he voted in the March 3 Democratic primary.

State law prohibits candidates for state or county office from representing one political party in the general election if they voted in another party’s primary in the same election cycle.

Laura Palmer, co-chair of the Green Party, criticized the petition, saying party officials were given only one day to respond to allegations that Waterbury was ineligible to run and that Waterbury decided to withdraw on Friday.

“The filing is moot, baseless and harassing,” Palmer said.

But Meachum’s lawyer, Brandi Voss, said Monday that the Supreme Court petition was filed because of tight election deadlines after Green Party officials did not respond by a 2 p.m. Friday deadline. A candidate’s name can be omitted from the ballot up to the 74th day before an election, which is this Friday for the Nov. 3 general election, according to Meachum’s petition.

I’m not sure what the timing of all this is. The Greens (and the Libertarians) nominate by convention, and Waterbury was not listed as a candidate as of April 18, when the party confirmed seven other nominees. He was listed on their July newsletter, so somewhere in there he must have been confirmed. Once he was known to be a candidate, someone had to notice that he had cast a Democratic primary vote, and then whatever correspondence leading up to the SCOTX emergency petition had to happen. It’s plausible this could have all taken place on a compressed timeline.

This is also one of those situations where I don’t have a whole lot of sympathy for the candidate who’s been booted off the ballot. Waterbury has run for statewide office before – he was a Green nominee for SCOTX in 2016 and 2014 and probably before that as well but I stopped looking – and so presumably had a passing familiarity with the rules. As with candidates who screw up their ballot applications, it’s not an onerous burden to get it right. All he had to do was not vote in another party’s primary, the same standard to which I as a precinct chair am held. He had one job, and he blew it.

The Libertarian Party has a full slate of candidates, including one for Chief Justice of the Supreme Court, if that sort of thing interests you. Losing Waterbury is a blow to the Greens as a whole, because they need to break two percent in a statewide race in order to ensure future ballot access, and with Waterbury out they only have two others running statewide, David Collins for Senate and Katija Gruene for Railroad Commissioner. With all due respect to Collins, that isn’t happening for them in the Senate race – I mean, the Green candidate for Senate in 2014 got all of 1.18%, and that was with a lousy Dem candidate and with the Green being a Latina (as I have noted before, Latinx third party candidates tend to do better than non-Latinx third party candidates). It is doable in the RRC race, as Martina Salinas cleared 2% in 2014 and 3% in 2016, though in that latter race the major party candidates were the unqualified hack Wayne Christian and perennial candidate Grady Yarbrough. It might be tougher this year, and with turnout expected to be a lot higher, the bar is raised further. It’s not that Waterbury was likely to meet this threshhold – he got 1.23% in 2016, and 0.75% in 2014 – but at least he represented another opportunity. So much for that.

2020 Primary Runoff Early Voting, Final Totals: Democrats carry the day

Today’s going to be a numbers-heavy post. Let’s start with Texas Elects, giving us a penultimate day summary:

Early voting in person ended today (Friday) for the July 14 primary runoff and special elections.

Through yesterday (Thursday), 532K people have voted in the Democratic runoff statewide – 193K by mail and 339K in person – which is already the fourth highest total since 1990. The number of voters will almost certainly eclipse the 2014 total today (Friday) and should easily pass the 2002 total on Election Day. The highest number of Democratic runoff voters since 1990 was in 1994, when 747K people voted in the runoff statewide.

Nearly 349K people have voted in the Republican runoff in those counties and portions of counties with runoff races – 97K by mail and 251K in person. Despite the lack of a statewide race, the number of Republican runoff votes cast is already the fifth highest in state history, trailing only the past four election cycles. Turnout is on pace to eclipse all but the 2014 (1.36M) and 2012 (1.11M) totals.

Statewide Democratic turnout through yesterday was 3.25% of all registered voters, and Republican turnout was 2.13% of all registered voters, not just those in areas with runoff races. Combined turnout for all of 2018 was 5.7%, and it was 4.0% in 2016.

The reference to 2014 is surely a mistake, as there were only 201K votes cast in the Senate runoff between David Alameel and Keisha Rogers that year. There were 434K votes in the 2018 gubernatorial runoff between Andrew White and Lupe Valdez, but 2020 was already past that total as of Thursday. I’ve looked at some other years but am just not sure what that third “highest since 1990” total may be.

I can tell you where we are as of Friday statewide:


Election     Mail      Early      Total   Mail %
================================================
D primary 114,886    886,336  1,001,222    11.5%
R primary  91,415    987,744  1,079,159     8.5%

D runoff  199,657    447,470    647,127    30.9%
R runoff   99,939    311,222    411,161    24.3%

We have now topped the 2002 Senate runoff between Ron Kirk and Victor Morales (620K), and I have no doubt we will blow past the 1994 level on Tuesday. That’s not too shabby. Data on the Secretary of State website only goes back to 1992, so I don’t know what the 1990 primary runoffs looked like, but 1990 was the last year of Democratic statewide dominance in Texas. That’s not a bad harbinger to echo.

How much does any of this mean, though? Erica Greider thinks Republicans should be worried.

“I think we’re seeing the ramifications of having failed Republican leadership, and no one is seeing it more than those of us here in Texas,” said Billy Begala, a spokesman for the Texas Democratic Party.

Begala made his remarks Friday morning, the last day of early voting in advance of Tuesday’s primary runoff elections.

“It didn’t have to be this bad,” he said of the resurgence of COVID-19 in Texas. “It really didn’t.”

[…]

The coronavirus has complicated elections administration. Democratic officials have been urging Texans to vote by mail, if they’re eligible. And Texans who’ve gone to the polls in person have noticed unusual precautions, in most of the state’s major counties. In Harris County, for example, voters have been provided with rubber finger cots and disinfectant wipes as well as the traditional “I voted” stickers.

Still, turnout — which is typically abysmal for runoff elections in Texas — has been higher than expected through the early voting period. As of Thursday, some 900,000 voters had cast ballots across the state, a majority of them in the Democratic primary runoff.

“The key takeaway is that if we’re able to make voters feel safe, and of course be safe, then it’s a very positive experience for them,” Harris County Clerk Chris Hollins said Friday.

The turnout through the early-voting period, he continued, raises the prospect that Harris County will see higher turnout in November than the 60 to 62 percent that’s typical in presidential election years.

“If I were a betting man I’d put money on 65 for sure, and I might take some odds on 70,” Hollins said.

Voter registration, similarly, has continued apace, despite the challenges presented by the pandemic. Since March, nearly 149,000 voters have been added to the rolls in Texas, bringing the statewide electorate to a record 16.4 million people.

I haven’t seen an official number for Harris County voter registration yet – we’ll know it for sure when we get election night returns – but I’ve heard 2.4 million at this time. At 62% turnout, about what we usually get in Presidential years, that’s a bit short of 1.5 million votes in Harris County. 65% is 1.56 million, 70% is approaching 1.7 million. That’s going to be more Democratic votes than it is Republican votes. It’s just a matter of how many.

Still, Republicans should be nervous about surging July turnout given that Democrats don’t have a marquee name on the ballot like former congressman Beto O’Rourke, who excited Democrats nationwide in his near-miss U.S. Senate bid in 2018.

“I don’t know that here in Texas we have one specific candidate or officeholder who is the standard-bearer for the party,” Begala acknowledged.

Perhaps voters are simply fed up with the incumbents, who happen to be Republicans, for the most part.

“I think it’s that when voters look around right now, when Texans look around right now, they see a pandemic, they see horrific racial injustice, they see record unemployment,” said Amanda Sherman, the communications director for Hegar. “Voting is a way for them to do something about it.”

I’m not sure that the high runoff turnout matters that much for November, but it does show that even in the pandemic Dems are turning out. There’s evidence from around the country that relentless Republican efforts to make voting harder have resulted in hardier and more persistent voters, especially Black voters. Maybe we’re seeing some of that here.

What you’re really here for is the final EV report from Harris County. Here it is:


Election     Mail    Early    Total   Mail %
============================================
D primary  22,785  116,748  139,533    16.3%
R primary  22,801   82,108  104,909    21.7%

D runoff   45,176   65,979  111,105    40.7%
R runoff   25,425   17,783   43,208    58.8%

The Friday runoff EV file is here, and the final EV turnout report from March is here. 18,526 Democrats showed up to vote in person on Friday. That’s more than the entire early voting in person population for the Republicans, who didn’t have a statewide race but did have a couple of countywide races. And as noted, Republicans were far more reliant on a rate basis on mail ballots than Dems were, though Dems returned far more mail ballots. You can draw your own conclusions.

I promised you more data about the early voting population, at least through Wednesday. I’m a man of my word, so here’s what I found when I examined age and gender data for the primary runoff.

Among the mail voters, there were 16 people born prior to 1920, with the oldest being born in 1915. Another 10 were born in 1920. In other words, 26 people who are at least 100 years old had voted as of Wednesday.

The daily voter rosters do not include year of birth or gender, only the full March roster does. As such, I only have that data for the people who had also voted in March. Of 41,739 total mail voters who had voted in March, 40,195 are 65 or older. The remaining 1,544 are under 65.

23,373 of the 65 or older mail voters are female, including 15 of the 16 pre-1920-birth voters and eight of the ten born in 1920. 58.1% of mail voters are listed as female. 16,230 are listed as male, for 40.4% of over-65 mail voters.

868 of the 1,544 under-65 mail voters are female (56.2%), 641 are male (41.5%).

(For some voters, the value in the Gender field is null, which may be a data glitch, or may be a stated preference of the voter. Because the number is so small, and because as far as I know there is no other option for this field that is allowed by state law, I suspect this is just a data error.)

I did not extend this to the in person early voters – I promise, I’ll circle back when I get the full voter roster for the runoff. But Keir Murray posted some facts about the voting data through Thursday:

Click over to see the rest of the thread. Keir also notes that the statewide mix of Dem primary runoff voters is more Black than Latino, which is the reverse of what it was in March. Maybe that will boost Royce West in the Senate race, we’ll see. I will have election night returns for you on Wednesday. If you haven’t voted yet, Tuesday is your last chance.

How can you vote if you currently have coronavirus?

There is one way, if it is approved.

Thousands of Harris County voters who recently have tested positive for coronavirus and now are quarantined should be allowed to vote online in the primary runoff election, County Attorney Vince Ryan argued in an emergency court filing Thursday.

The novel voting method has never been used in Harris County, but was permitted for the small-scale North Texas Ebola outbreak in 2014.

If approved by a state district judge, the estimated 10,000 residents who have tested positive for COVID-19 after the July 2 deadline to apply for a mail ballot would be allowed to submit a ballot via email. Forcing infected residents to vote in person would risk “putting thousands of other voters at risk,” Ryan wrote.

“The effect of this is to leave thousands of Harris County voters with a choice: 1, violate their quarantine and risk exposing poll workers and other voters to a deadly virus, or 2, become disenfranchised and lose their constitutional right to vote,” Ryan said. “That is a choice no Texan should be forced to make.”

A hearing [was] scheduled in the 80th District Court for 4 p.m. Friday. Ryan filed the brief on behalf of County Clerk Christopher Hollins.

The Dallas County elections administrator in 2014 obtained a court order allowing residents quarantined by the Ebola outbreak to submit mail ballots via email.

The Texas Election Code also permits counties to receive emailed ballots from some active duty members of the military stationed overseas.

[…]

Ryan said Harris County’s request follows COVID-19 elections guidance issued in April by Secretary of State Ruth Hughs, which said counties may want to consider seeking court orders to expand voting options for quarantined voters. A spokesman for the secretary of state did not immediately respond to a request for comment.

I admit, I did not know that this was a possible option. It makes sense, and in practical terms it’s likely that only a small number of people would actually vote in this fashion. I mean, even with record-breaking turnout in this primary runoff, we’re still going to fall short of ten percent of all registered voters in Harris County. More to the point, given that most of the people who would have voted in this election already have, we’re talking maybe two or three percent turnout among those who have not yet cast a ballot, so maybe 200 or 300 people total. I’d still take the under on that bet. But the principle is solid, and if the law allows for this, then by all means let’s do it. I assume we’ll get a quick ruling on this, I’ll keep my eyes open for confirmation of that and will update this post as needed.

UPDATE: And the answer is no.

A state district judge on Friday denied a request by Harris County Clerk Christopher Hollins to allow thousands of voters who recently tested positive for coronavirus, and now are quarantined, to vote online in the primary runoff election.

The novel voting method never has been used in Harris County, but was permitted for the small-scale North Texas Ebola outbreak in 2014.

Judge Larry Weiman, however, said he shared concerns raised by the Harris County Republican Party that online voting was not secure. Weiman, a Democrat, also said at the emergency telephone hearing that the county clerk had not produced an example of a voter being disenfranchised by exposure to coronavirus.

“The plaintiff hasn’t shown any injured party,” Weiman said.

[…]

The Harris County Republican Party and Texas Attorney General’s office argued against the plan. Assistant Attorney General Anne Mackin said Hollins’ proposal amounted to a “rewrite of the Texas Election Code,” which already provides ill voters a method to vote by mail after missing the application deadline, so long as they are able to physically produce a doctor’s note.

Hollins sought to have that requirement waived in favor of an emailed statement certifying a voter has been exposed to COVID, saying infected residents or members of their household risk infecting county employees by delivering a form to a public building.

“It’s inappropriate to substitute a new process,” Mackin said.

The Election Code permits counties to receive emailed ballots from some active duty members of the military stationed overseas. Attorney and state Rep. Briscoe Cain, R-Baytown, and attorney Kevin Fulton argued on behalf of the Republicans that method requires service members to use secure email addresses which allow elections administrators to verify their identities.

Weiman said he shared these concerns about security. He invited the Texas Legislature to make changes to the Election Code if lawmakers feel they are needed.

It was a nice idea while it lasted, but there would have been issues. The fact that there were no named voters asking for this is a legitimate point. It would have been very nice to be able to test something like this in a low-stakes primary runoff, in case it’s needed in November, but I think we probably do need to have the Lege address some issues first. There are ways to make this process secure, none of which I suspect would have been available now, and the need for a written-on-paper doctor’s note is obviously archaic. If this experience can serve as a template for updating the relevant bits of the election code, it will still have been a useful exercise.

2020 Primary Runoff Early Voting, Second Tuesday: A history of Democratic primary runoffs

Yesterday I said that the turnout so far in the 2020 Democratic primary runoff was already historic. Today I’m going to show my work on that. Herewith is the 21st century history of Democratic primary runoff turnout for Harris County:


Year    Turnout  Top race
=========================
2002     64,643    Senate
2006     12,542    Senate
2008      9,670       RRC
2010     15,225  Judicial
2012     29,912    Senate
2014     18,828    Senate
2016     30,334       RRC
2018     57,590  Governor
2020     72,838    Senate

The only primary runoff on the ballot in 2004 was for Constable in Precinct 7. We’ve come a long way, and please don’t forget that. We had just nudged past that 2002 mark as of yesterday, and now we are putting distance between it and this year. I didn’t include mail ballots in this accounting for two reasons. One, they didn’t quantify mail ballots in 2002, and two, this year is way off the charts compared to years prior. 2018 and 2016 are the only reasonable comps, and they both fall well short, with 19,472 mail ballots in 2018 and 11,433 in 2016. We had each of those beat on Day One.

With that, here’s the chart for this year as of today:


Election     Mail    Early   Total   Mail %
===========================================
D primary  18,503   54,325  72,828    25.4%
R primary  19,690   47,271  66,961    29.4%

D runoff   38,026   34,812  72,838    52.2%
R runoff   22,351   10,215  32,566    68.6%

The Tuesday runoff EV file is here, and the final EV turnout report from March is here. Second week Tuesday was the first big turnout day for the primary, and where Dems started separating from Republicans overall. This Tuesday was by a small amount the biggest day so far for Dems, though Monday had a slightly higher in person count. This is undoubtedly where the March turnout begins to exceed the July turnout, but this runoff is now officially leaving all previous primary runoffs in the dust.

UT/Trib: Trump 49, Biden 44

Our first post-primary poll.

Donald Trump would beat Joe Biden by five points in Texas if the presidential race were held now, according to the latest University of Texas/Texas Tribune Poll.

In a Trump-Biden contest, Democratic and Republican voters overwhelmingly back their own party’s candidate. But independent voters are on the fence, with 39% favoring Trump, 29% favoring Biden and 32% saying they haven’t formed an opinion.

The five point difference in support — 44% for Biden, 49% for Trump — is in line with previous UT/TT Polls taken before Democrats had settled on a nominee. In November 2019, the president was 7 percentage points ahead of Biden in a hypothetical general election matchup. In the February survey — conducted shortly before the presidential primaries in Texas and before the coronavirus outbreak was widespread — the two candidates were 4 percentage points apart. In all three of the most recent surveys, Trump’s lead was small, but outside the margins of error; none of the results could be called a statistical tie.

Trump has a harder race against himself. Ask Texans whether they would vote today to re-elect the president and, as they have done in four previous UT/TT polls, they split down the middle: 50% say they would vote for him, 49% said they’d vote against him.

Among Republican voters, 81% say they would definitely vote for Trump, and another 11% say they probably would. Democratic voters are just the opposite, with 85% definitely planning to vote for someone else, and 9% probably planning to. Most independent voters — 61% — would vote for someone else, while 39% say they’d vote for the president.

It’s only when you add Biden to the mix that Trump pulls ahead. “When you put a flesh-and-blood opponent against them, they do better,” said Daron Shaw, co-director of the poll and a government professor at the University of Texas at Austin.

Here’s the previous UT/Trib poll, from February, and here’s four other poll results from just before the primary. Those were indeed the last polls taken, according to FiveThirtyEight. Biden has been closer in some polls and a little farther back in some others. There are probably still a few Dems who are in the “don’t know/no opinion” bucket right now, as was definitely the case during the primary campaign, so he ought to inch up a bit all else being equal.

The main thing I will note is that not only does Biden start out scoring higher than Hillary Clinton did in 2016 – she only reached as high as 44% in two polls the whole cycle – he’s also above where Beto was in 2018. Beto only reached the 44% mark once before August, then was pretty consistently at or above it after that. Beto was still a fairly unknown candidate at this point in 2018, and his rise later was a sign that he was genuinely growing his support. I said this a few times during that cycle that while we had seen occasional polls that showed a Democrat “close” to a Republican statewide, the actual numbers would usually be something like 42-36, with a ton of “don’t know/no opinion” answers. It was truly rare before 2018 to see a Dem score as much as 42 or 43 percent in a poll, let alone 44 or 45. Wendy Davis in 2014 and Barack Obama in 2012 seldom touched 40 percent. For good reason, it turned out – Davis finished at 39%, Obama at 41. Seeing Biden start out at 44 is a sign that the gains Dems made in 2018 seem to be durable, and while we may not win statewide again, we’ll have enough of a share of the vote to do some damage downballot, as we did then. Winning the Texas House, and picking up some Congressional seats, is likely going to depend on Biden at least coming close to the 48% Beto got in 2018. The polling we have so far, which goes back to those pre-primary polls, suggests this is within range. The rest is up to us.

Does getting to 40% make you likely to win the runoff?

Anna Eastman

I was talking with some fellow political nerds last week, and one of the topics was the forthcoming runoffs. As is usually the case, this year we have some runoffs between candidates who finished fairly close together in round one, and some in which one candidate has a clear lead based on the initial election. The consensus we had was that candidates in the latter category, especially those who topped 40% on Super Tuesday, are basically locks to win in May. The only counter-example we could think of off the tops of our heads was Borris Miles beating Al Edwards, who had been at 48%, in the 2006 runoff for HD146.

So, later on I spent a few minutes on the Secretary of State election archive pages, looking through past Democratic primary results and tracking those where the leader had more than forty percent to see who went on to win in the runoff. Here’s what I found:

2018

Winners – CD03, CD10, CD23, CD31, Governor, SD17,
Losers – CD27, HD37, HD45, HD64, HD109*, HD133*

2016

Winners – CD15, HD27
Losers – SBOE6

2014

Winners – Senate, SBOE13
Losers – HD105

2012
Winners – CD34, HD95, HD137
Losers – CD23*, SBOE2

2010
Winners – CD10, HD76*

2008
Winners – CD32, RRC

2006
Winners – Senate, Lt Gov, HD42, HD47*
Losers – HD146

In each of the cited races, the leading candidate had at least 40% of the primary vote. Races that have asterisks indicate that the runnerup also had at least 40%. As you can see, up until 2018, having forty percent or more in the primary was indeed a pretty good indicator of success in overtime. The last cycle provided quite a few counterexamples, however, including one incumbent (Rene Oliveira, who had been busted for a DWI earlier) who went down. So maybe 40% isn’t such a magical number, or maybe it’s harder now than it was before 2012. Or maybe this is just a really small sample and we should be careful about drawing broad conclusions from it.

Fortunately, we have quite a few races this year to add to this sample:

CD03 – Lulu Seikaly 44.5%, Sean McCaffity 43.8%
CD10 – Mike Siegel 44.0%, Pritesh Gandhi 33.1%
CD13 – Gus Trujillo 42.2%, Greg Sagan 34.7%
CD17 – Rick Kennedy 47.9%, David Jaramillo 35.0%
CD24 – Kim Olson 40.9%, Candace Valenzuela 30.4%
SBOE6 – Michelle Palmer 46.8%, Kimberly McLeod 34.6%
SD19 – Xochil Pena Rodriguez 43.7%, Roland Gutierrez 37.3%
SD27 – Eddie Lucio 49.8%, Sara Stapleton-Barrera 35.6%
HD119 – Liz Campos 46.1%, Jennifer Ramos 43.7%
HD138 – Akilah Bacy 46.7, Jenifer Pool 29.3%
HD142 – Harold Dutton 45.2%, Jerry Davis 25.3%
HD148 – Anna Eastman 41.6%, Penny Shaw 22.1%
138th District Court – Gabby Garcia 48.0%, Helen Delgadillo 31.0%
164th District Court – Cheryl Elliott Thornton 41.3%, Alexandra Smoots-Thomas 33.1%

I’ll be sure to do an update in May, when we can see if the leading candidates mostly held serve or not. Place your bets.

Let’s talk turnout

Just a few random bits and pieces about turnout from the primaries. On the one hand, I think it’s great that Dems got the turnout that we did, in Harris County and around the state. On the other hand, I spent a lot of time pooh-poohing the notion that Republicans’ 1.5 million to 1 million advantage in the 2018 primaries didn’t mean anything for that November, and I’m not going to change that tune now that Dems outdrew them this March. Primary turnout and November turnout are two different things, so let’s appreciate the turnout we got this March on its own merits.

There were 2,076,046 votes cast for Democratic presidential candidates, and 2,008,385 votes cast for Republicans. The crappy election night results pages do not break these out by vote type, so I can’t tell you how many early or mail votes were cast for each candidate, which also means I can’t tell you what Election Day overall turnout looked like compared to early voting for each party. I can give you that picture for Harris County:


Year    Mail    Early    E-Day  E-Day%
======================================
2008   9,448  169,900  231,560   56.4%
2010   7,193   33,770   60,300   59.5%
2012   8,775   30,136   35,575   47.8%
2014   8,961   22,727   22,100   41.1%
2016  14,828   72,777  139,675   61.5%
2018  22,695   70,152   75,135   44.7%
2020  26,710  114,501  180,692   56.1%

Final Harris County turnout for Dems 321,903, and for Republicans 192,985. Well short of 2008, and thus of my own projections, but still pretty darned strong.

Of some interest is turnout in other counties, though again that is not to be mistaken for a deeper meaning about November. Be that as it may, Democrats saw a lot more action in the suburbs.

Democratic primary turnout was up 59% across metropolitan Dallas-Fort Worth.

OK, so the region probably isn’t flipping blue anytime soon, not with Republicans in power and an incumbent president and U.S. senator up for re-election this fall.

But something unusual is happening.

In notoriously conservative Collin and Denton counties, Democrats doubled turnout and outvoted Republicans — in Collin, by 15,429 votes.

“I think the Democrats have been working real hard the last several years,” said Denton County Republican Chairman Jayne Howell, a rural Denton County realtor.
this huge Democratic turnout will wake some people up.”

Democrats saw hard-fought campaigns at the top of the ticket while Republicans only had to choose local nominees, so maybe the numbers aren’t surprising.

But overall, Democrats outvoted Republicans by 22% across the four core metropolitan counties, three of them traditionally solid red.

Republican turnout was down 43% from 2016, when the Ted Cruz-Donald Trump and Hillary Clinton-Bernie Sanders races ignited both parties.

Here are the Presidential numbers in select counties:


County        2016D    2016R    2020D    2020R
==============================================
Bexar       114,524  132,583  170,762   80,785
Brazoria     12,942   39,247   21,661   35,667
Collin       40,034  116,676   84,350   68,909
Dallas      159,086  175,122  231,688   83,304
Denton       32,506   96,060   67,092   66,621
El Paso      54,742   28,805   68,132   18,343
Fort Bend    39,206   68,587   69,540   57,212
Harris      222,686  327,046  321,903  192,985
Hidalgo      58,366   18,666   59,486   12,378
Montgomery   12,677   90,740   25,487   64,138
Tarrant     104,440  213,993  152,676  122,802
Travis      144,144   84,844  223,233   42,043
Williamson   31,141   67,392   60,677   43,868

Couple of points to note here. One is that Republicans really do get a lot of their strength in the smaller counties, since overall they had almost as many votes as Democrats in the primaries. Two, it’s very likely they didn’t have all that many races of interest, not just at the top but also fewer hot primaries for Congress, the Lege, and maybe county offices. Lots of things can drive turnout, and in their absence you mostly get the hardcore voters. And three, Travis County really punches above its weight. Respect, y’all.

I was to take a closer look at how the various candidates did around the state in future posts, but after a few minutes of poking through the Presidential numbers, I recognized it was pointless. The top counties by vote total for any candidate you looked at, from Biden to Tulsi, was basically just a recitation of the biggest counties. The best percentages for the non-Biden and Bernie candidates were generally in the very smallest counties – Bloomberg, for example, got 50% of the vote in King County. That represented exactly one vote out of two cast; Bernie got the other one. It just wasn’t worth a full post. I think there may be some more interesting info in the Senate race, but the SOS’ crappy election night returns site doesn’t have a county-by-county canvass yet. I’ll get back to that later, and of course after I get the canvass from our County Clerk, I’ll do my usual thing here as well.

Trautman apologizes for the long lines

A very good start.

Diane Trautman

Harris County Clerk Diane Trautman is taking “full responsibility” for the long lines and wait times that bogged down election night voting and forced some voters to wait more than six hours to cast their ballots.

In a statement released Friday, Trautman, the Democrat who oversees elections in Harris County, apologized to voters affected by the excessively long lines experienced at voting sites serving mostly black and Hispanic communities and said her office would reevaluate how to distribute voting machines across the county.

“It is clear that the history of marginalized communities being left behind in the voting process has led to polling deserts in areas of Harris County,” Trautman wrote. “I believe that we have made some strides, but we still have work left to do.”

[…]

On Friday, Trautman said her office had done “the best with what we had” but committed to rethinking voting machine allocations. In a previous interview with The Texas Tribune, Trautman indicated the county would likely try to purchase additional equipment for the November election.

See here and here for the background, and here for a copy of the full statement. The Texas Civil Rights Project, a vocal critic of the lines on Tuesday, reacted positively to the Trib story, which is a good sign. Again, I think the main thing here is to solicit feedback from as many people and organizations involved in the process as possible, and really listen to their input and make a plan to implement as much of it as reasonably possible. I also think the HCDP and the many clubs and activist groups should think long and hard about what they can do to assist in this as well. We all have a stake in the outcome, after all.

One thing to keep in mind for November is that historically, in the even-numbered years, the share of turnout in early voting is much higher than it is in other elections, and much higher than the share of Election Day voting:


Year     Mail    Early    E-Day   Early%
========================================
2008   67,612  678,449  442,670    62.8%
2010   55,560  392,140  351,288    56.0%
2012   76,090  700,982  427,100    64.5%
2014   71,994  307,288  308,736    55.1%
2016  101,594  883,977  353,327    73.6%
2018   98,709  767,162  354,000    71.0%

That said, that’s still a lot more people voting on Election Day than we had this Tuesday. Fortunately, there will be many more E-Day polling locations, and no restrictions on the machines. As such, to a great extent and barring any unforeseen catastrophes, the problem will largely take care of itself. That of course is not the point. Having the November election run smoothly and without this kind of problem is a necessary condition to restore faith in the Clerk’s office, but it’s not sufficient. Demonstrating in word and deed that the Clerk understands the problem and has a well-thought out plan that the community believes in to fix it, that’s what we need. Diane Trautman took steps towards that on Friday. New let’s keep it going. The Chron has more.

Final 2020 primary early voting report: “Healthy but not historic”

Sounds about right.

Democratic primary voters surged to the polls in Harris County on Friday, surpassing turnout from 2016 but falling well short of their record-setting performance in 2008.

Republican primary voters, meanwhile, turned out in larger-than-expected numbers thanks to a handful of high-profile congressional and legislative contests. The result also could signal early enthusiasm among GOP voters for President Donald Trump’s re-election, experts and political strategists said.

A total of 139,533 Democratic primary voters returned mail ballots and voted in person across the 11-day early voting period that ended Friday. Though turnout did not match the roughly 177,000 early votes from Harris County’s 2008 Democratic primary, it easily outstripped 2016, when turnout reached 85,793.

“The turnout has been healthy but not historic, especially compared to 2008 when the numbers were massive,” said Brandon Rottinghaus, a political science professor at the University of Houston. “That’s a good sign for Democrats, but it doesn’t signal tremendous growth in the Democratic electorate.”

The fluid state of the Democratic presidential primary may have dampened early voting turnout, with some voters awaiting results from Saturday’s South Carolina contest. The candidacy of former Vice President Joe Biden is said to hinge on a strong showing there, while other lower-performing candidates could drop out between South Carolina and Super Tuesday, when Texas and 13 other states will hold their primaries.

The Republican primary, meanwhile, totaled 104,909 early and mail ballots — a massive uptick from the 2018 midterm cycle, but well below the roughly 131,000 who turned out early for the 2016 Republican contest.

Here are your final numbers. Here’s the Day Eleven report for 2020, and here are the totals from 2012, 2016, and 2018. The totals after early voting ended:


Year    Mail    Early    Total
==============================
2008   9,448  169,900  179,348
2012   7,735   30,142   37,877
2016  13,034   72,782   85,816
2018  17,744   70,172   87,916
2020  22,785  116,748  139,533

2008  15,174   51,201   66,375
2012  17,734   60,347   78,081
2016  20,780  110,365  131,145
2018  20,075   61,462   81,537
2020  22,801   82,108  104,909

The 2008 numbers come from the County Clerk historic results. It seems highly unlikely that Dems are going to get to my original over/under line of 500K, but 400K is still within reach. Remember that historically speaking, there’s likely still a lot of votes to be cast. If 61.5% of the total Democratic primary vote is cast on Tuesday, as it was in 2016, then final Dem turnout will be about 366K, with 223K of it being cast on Primary Day. There were 231K votes cast on Primary Day in 2008, with far fewer registered voters, so this is certainly within reach. To get to 410K, the high-water mark of 2008, about 64% of the total vote would need to be cast on Tuesday. I think that’s doable, but I was overly optimistic at the beginning of this cycle, so let’s try not to repeat that mistake. Dems should have no trouble surpassing the 227K total turnout from 2016, so at the very least this will be the second-heaviest primary this century so far.

Republicans have had a good showing as well, better than I would have expected. However:

Much more of the Republican electorate so far has been their old faithful, while a much bigger share of the Dem primary has been people with less of a Dem primary voting history. That said, given that the last three primaries were 2014, 2016, and 2018, there are fewer Dems who could have voted in all of those primaries since only 54K did so in 2014, while Republicans have had at least 139K from each of those years. Point being, the pool of folks who have voted in at least two of the last three Republican primaries is quite a bit bigger than that same pool for Dems. That makes this sort of number more fun than informative.

More importantly, we can all agree that the number of Democrats who have shown up in November has been quite a big larger than the number of Republicans in Harris County in recent years. Primary turnout has no real correlation to November turnout – there’s just too much variance, and the sample size is too small. Remember, Republicans crushed Democrats in primary turnout in 2016 (329K to 227K) and were near parity in 2018 (156K to 167K), and we know how those years ended up.

Finally, using the Secretary of State turnout tracker, 1,085,065 Republicans had voted early in the primary, while 1,000,231 Dems had done so with a couple of smaller counties still unaccounted for as of Saturday lunchtime. As with Harris County, I clearly underestimated Republicans statewide, but Dems are in position to at least come close to the historic 2008 numbers. The SOS doesn’t maintain early voting statewide numbers so I can’t say what the past looked like as I can for Harris County, but I’d say two million total is well within reach, and 2.5 million is possible. I’ll try to take a closer look at some of these numbers for tomorrow. Let me know what you think. Have you voted yet?

What is “safe”?

Saw this on Twitter, and it got me thinking:

AOC isn’t the only person I’ve observed referring to CD28 as “safe” Democratic. This WaPo story from 2019, reprinted in the Trib, calls CD28 “a strongly Democratic district…which gave the president just 38.5 percent of the vote in 2016”. This DMN story has a subhed that calls CD28 “Vast and overwhelmingly Democratic district”, and notes that “Trump lost here by 20 percentage points”. The American Prospect is a bit more circumspect, saying CD28 is “a safely (though not extremely) blue district, with a +9 Democratic lean”, and also noting the 20-point margin for Clinton over Trump in 2016.

But 2016 isn’t the only election we’ve ever had, and the Clinton-Trump matchup isn’t the only data point available. Here’s a broader look at the recent electoral history in CD28:


Year  Candidate    Votes    Pct
===============================
2012  Obama      101,843  60.2%
2012  Romney      65,372  38.6%
2012  Sadler      90,481  55.1%
2012  Cruz        68,096  41.5%
2012  Hampton     93,996  58.5%
2012  Keller      61,954  38.6%

2014  Alameel     41,901  46.6%
2014  Cornyn      42,010  46.7%
2014  Davis       48,451  52.7%
2014  Abbott      41,335  45.0%
2014  Granberg    45,658  51.7%
2014  Richardson  38,775  43.9%

2016  Clinton    109,973  57.8%
2016  Trump       72,479  38.1%
2016  Robinson    95,348  52.6%
2016  Guzman      77,590  42.8%
2016  Burns      102,778  57.1%
2016  Keasler     69,501  38.6%

2018  Beto        97,728  58.7%
2018  Cruz        67,483  40.5%
2018  Valdez      87,007  52.7%
2018  Abbott      75,939  46.0%
2018  Jackson     94,479  58.3%
2018  Keller      63,559  39.2%

Yes, in 2014, John Cornyn topped David Alameel in CD28. To my mind, if it is possible for a candidate of the other party to beat a candidate of your own party in a given district, that district is by definition not “safe”. It’s true that in Presidential years, most Democrats win CD28 comfortably, with the closest call being a win by just under 10 points. But in off years, even factoring out the crapshow that was the Alameel campaign, Dems generally win CD28 by smaller margins.

None of this is to say that CD28 is a swing district. It’s not, and I have no reason to be concerned about it in 2020. But if Trump-versus-Clinton-in-2016 is the gold standard here, I’ll point out that of the six districts Dems are targeting this year, four of them (CDs 02, 10, 22, and 31) were won by Trump by larger margins than Wendy Davis won CD28 by in 2014 and Lupe Valdez won it by in 2018. Different years, different conditions, and different candidates may provide a different perspective.

Another way of looking at this is to see how Democratic CD28 is compared to other Congressional districts represented by Democrats:


Dist  Clinton    Beto
=====================
CD07    48.2%   53.3%
CD32    48.4%   54.9%
CD15    56.2%   57.4%
CD28    57.8%   58.7%
CD34    59.1%   57.7%
CD20    60.2%   66.2%

All other Dem-held districts were at least 63% for Clinton and 70% for Beto. Again, none of this is to say that CD28 is vulnerable. Whoever wins the CD28 primary will be the strong favorite, like 99%+, to win it in November. This is not a comment on that race, but on public perception and objective reality. It’s why I generally try not to make blanket statements like “safe district” but try instead to put a number or two on it, so you have some context to my evaluation. I doubt anyone will adopt this as their style guide, but it’s very much how I prefer to operate.

And I have to say, I might have let this go by if I hadn’t also seen this little gem in the Chronicle story on the announced resignation of State Sen. Kirk Watson:

Abbott soon will have to schedule a special election for the remainder of Watson’s four-year term, which ends in 2022. Watson’s District 14, which mostly lies in Austin, leans Democratic.

“Leans Democratic”??? Here’s that same set of numbers for Watson’s SD14:


Year  Candidate    Votes    Pct
===============================
2012  Obama      193,112  60.2%
2012  Romney     116,001  36.1%
2012  Sadler     187,717  59.4%
2012  Cruz       109,877  34.7%
2012  Hampton    181,614  59.1%
2012  Keller     106,581  34.7%

2014  Alameel    123,058  56.2%
2014  Cornyn      80,818  36.9%
2014  Davis      140,602  63.3%
2014  Abbott      75,206  33.9%
2014  Granberg   127,108  59.7%
2014  Richardson  73,267  34.4%

2016  Clinton    249,999  65.3%
2016  Trump      106,050  27.7%
2016  Robinson   218,449  58.8%
2016  Guzman     124,165  33.4%
2016  Burns      223,599  60.8%
2016  Keasler    120,727  32.8%

2018  Beto       289,357  73.8%
2018  Cruz        98,589  25.1%
2018  Valdez     257,708  66.3%
2018  Abbott     119,889  30.9%
2018  Jackson    264,575  69.4%
2018  Keller     104,375  27.4%

LOL. SD14 “leans” Democratic in the same way that a wrecking ball leans against the side of a building. Data is your friend, people. Use the data. I know I’m tilting against windmills here, but at least you can see why I noticed that tweet.

2020 Primary Early Voting, Day Six: On to Week Two

We’re back from the weekend, where the only votes tallied are in-person. We have five more days of early voting to go. Here’s the Day Six report for 2020, and here are the totals from 2012, 2016, and 2018. The totals after Day Four:


Year    Mail    Early    Total
==============================
2012   5,609   11,880   17,489
2016   8,850   23,384   32,234
2018   9,620   24,335   33,955
2020  15,101   36,712   51,813

2012  12,111   25,097   37,208
2016  12,205   32,641   44,846
2018  12,642   21,856   34,498
2020  16,528   32,630   49,158

Democrats had 11,538 voters on Saturday and Sunday combined, Republicans had 7,852. Week Two is where it should start getting busier. Dems have fallen behind their earlier pace, as they now have increased their 2016 vote by about 61%; Republicans are ahead of 2016 by about eight percent. I think things will pick back up this week, but if we want to guess final turnout, the great unknown is how much of the vote will be cast early, and how much will show up on Tuesday, March 3. There’s no obvious pattern in recent primaries:


Year     Mail    Early    E-Day   E-Day%
========================================
2008    9,445  169,900  231,560    56.4%
2010    7,193   33,770   60,300    59.5%
2012    8,775   30,136   35,575    47.8%
2014    8,961   22,727   22,100    41.1%
2016   14,828   72,777  139,675    61.5%
2018   22,695   70,152   75,135    44.7%

E-Day% is the share of the vote cast on Primary Day. In the two high-turnout Presidential-year primaries, more than half the vote was cast on Primary Day. My gut says we’ll see similar behavior this year, but whether it’s 55% of the vote on Primary Day or over 60%, I don’t know. We’ll take a shot at guessing final turnout another day. Have you voted yet?

Speaking of voter registration

The Chron notes the latest milestone.

Still the only voter ID anyone should need

For the first time in history, Texas has topped 16 million registered voters and is adding voters faster than its population grows heading into the 2020 presidential election.

With the voter registration deadline for the March 3 primaries just two weeks away, the state is already on the brink of having 2 million more registered voters than it did just four years ago when President Donald Trump was first elected.

“What you’re seeing is a true transformation of the Texas electorate,” said Antonio Arellano, interim executive director of Jolt, a voter advocacy group focused on registering young Latino voters and getting them involved in politics.

He said despite all the barriers Texas has put in place to depress voter registration and voter turnout, groups like his are drawing younger and more diverse voters, which is making the politics of Texas more reflective of its demographics — about 40 percent of the state’s population is Latino, census data shows.

Since 2017, the population in Texas has grown by about 5 percent. But the state’s voter registration has grown about 8 percent during that period. The increase is even more dramatic in urban areas such as Harris County, the state’s most populous county. While Harris County’s population has grown an estimated 4 percent since 2014, its voter registration has jumped 14 percent.

In Bexar County the population has grown an estimated 11 percent since 2014, while the voter registration has jumped 19 percent.

[…]

While Texas doesn’t require voters to register by party, Texas Democratic Party officials say their internal data shows that the voter gains are largely due to voters that skew their way — younger and more diverse.

Cliff Walker, Deputy Executive Director of the Texas Democratic Party, said as the state has looked more competitive with each election, that in turn has drawn even more younger and diverse voters to sign up, which then makes the state still more competitive. In other words, the success begets more success, he said.

See here for the background. The correlation with the growth in urban voter registration is no surprise. I’ve tracked the Harris County numbers before, and while the surge in statewide voter registration lags a bit behind, it’s all happened in the last couple of years. Which, not coincidentally, is when Democrats and Dem-aligned groups have made voter registration a priority and really put a bunch of resources into it. That latter bit is key, because registering voters in Texas is even harder than you thought.

In 2013, former campaign operatives who worked with President Barack Obama launched a group called Battleground Texas. The mission was to more aggressively register voters in Texas, a place that has a history of making it difficult to register to vote. That was a tall task, given a 2011 Texas law that significantly toughened voter registration rules to require people wanting to register voters to go through county-specific voter registrar training; the law also blocked non-Texans from joining that work.

So to register voters statewide, a volunteer would be forced to attend 254 different trainings. Texas also does not accept online voter registration applications — the paperwork must include a handwritten signature, and that signature cannot be a copy, digital signature or photo of a signature.

But slowly Battleground Texas and other groups started to make headway. Other groups have joined the cause, with Jolt, The Lone Star Project and Be One Texas among them.

This strategy also includes litigation, over things like the “motor voter” law and electronic signatures, but those won’t yield any fruit for this election. In a sane world, voter registration would be easy, but this is Texas. We have to do it the hard way. Put fixing all this on the agenda for when Dems finally control state government.

One more thing, which I have discussed but which I don’t see get mentioned in other stories, is that boosting registration totals is by itself a turnout program. I’ll say again, turnout as a percentage of registered voters was down in Harris County in 2016 compared to 2008, but because there were so many more registered voters the total number of folks who showed up increased. Statewide turnout in 2016 was 59.39%, for 8,969,226 total voters. Taking the 16,106,984 number we have now – and remember, that will go up some more before the primary deadline – and at the same 59.39% turnout rate you get 9,565,937 voters, or 600K more. If the 18 million goal is reached, that puts turnout at 10.7 million if the rate is the same. Now of course there’s no guarantee of reaching the same rate – as was the case in Harris County, the statewide turnout rate in 2008 (59.50%) was higher than it was in 2016 – my point is that you can catch more fish with a bigger net. Add in a real turnout push on top of that, and who knows what can happen. It all starts with getting more people registered.

The Harris County GOP thinks it can come back in 2020

They’re so adorable.

Never forget

Once a rock of Republican politics in Texas, Harris County has become nothing short of a nightmare for the GOP over the last four years as Hillary Clinton and Beto O’Rourke carried the county and Democrats dominated further down ballot in local races.

But as bad as it has been of late, party leaders say it’s foolish to consider Harris County blue, based on just two election cycles. They insist the party has learned key lessons over the last four years and made changes that will not just stop the Democratic trends, but lead to GOP victories in 2020 and beyond.

“We are still a strong force here,” Harris County Republican Party chairman Paul Simpson said.

He sees 2016 and 2018 as more of temporary Democratic run than a change of the guard. There have already been big changes that will affect 2020, he said, pointing to the end of straight-ticket voting, better minority community outreach and a renewed commitment to registering new voters as three things that will lift GOP candidates in Harris County.

That’s not to discount the pain of the last two election cycles. Shifting demographics and an emboldened Democratic Party that has registered new voters at record speed allowed Clinton in 2016 to win the biggest share of the vote for a Democratic presidential candidate in Harris since Texas icon Lyndon Johnson was on the ballot in 1964.

And in the governor’s race in 2018, Democrat Lupe Valdez — who ran a campaign that was mediocre at best — won Harris County over incumbent Republican Gov. Greg Abbott, becoming only the second Democratic gubernatorial candidate to carry Harris County in 25 years.

“There was shell shock,” Republican media consultant Vlad Davidiuk said.

[…]

Months before the 2018 election, Abbott’s political team was warning allies about what was happening in Harris County. That summer at a training session in San Antonio, Abbott campaign advisers told workers that Democratic-leaning voter registration groups such as Battleground Texas were making big gains registering new voters in Harris County.

Davidiuk, who was working with the Harris County Republican Party then, said others saw it coming, too.

“We didn’t have a response to that,” he said. “If there was a response, it was too fractured.”

That voter registration push has only grown the Democratic advantage at the polls the last two years.

“Our historic voter base is shrinking in both real and absolute terms,” the 2016 post election analysis says. “As a consequence, we are at risk of becoming a minority party within Harris County.”

Later it makes clear that “Donald Trump’s loss in Harris County and its down-ballot impact in 2016 could foreshadow future elections if we do not broaden our voter base.”

I’ve already said most of what there is to say about this. The rationales they give – it was Beto! straight ticket voting! Trump! why don’t those minorities like us? – are as predictable as they are pathetic and self-unaware. The straight ticket thing I’ve beaten to death (but feel free to reread this for one of my responses to that trope), but I think what we need here is to throw some numbers at these claims.


Year    R Pres   D Pres   R Judges   D Judges
=============================================
2004   584,723  475,865    535,877    469,037
2008   571,883  590,982    541,938    559,048
2012   586,073  587,044    563,654    568,739
2016   545,955  707,914    605,112    661,404

Republicans have basically not done any better at the Presidential level in Harris County since George W. Bush in 2004. They have grown some at the judicial level (the numbers you see above are the average totals from the District Court races, my go-to for measuring partisan vote totals), which highlights Trump’s extreme underperformance, but their growth (plus 70K from 2004 to 2016) is dwarfed by Democratic vote growth (plus 192K) over the same period. This is my thesis, which I’ve repeated over and over again and which has clearly not sunk in. This is the problem Republicans need to solve.


Year  R Judges   D Judges    R Str    D Str  R Str%  D Str%
===========================================================
2004   535,877    469,037  370,455  325,097   69.1%   69.3%
2008   541,938    559,048  343,919  391,488   63.5%   70.1%
2012   563,654    568,739  404,165  406,991   71.7%   71.6%
2016   605,112    661,404  401,663  472,030   66.4%   71.4%

These are the countywide straight ticket voting totals, and the percentage of each side’s average judicial total that came from straight ticket votes. Looked at this way, Democratic straight ticket vote total growth is proportionate to their overall vote total growth. In other words, the increase in Democratic straight ticket voters wasn’t inflating their overall strength, it was merely reflecting it. Meanwhile, fewer people voted straight ticket Republican in 2016 than they did in 2012. Sure, some of that is a reaction to Trump, but that’s still a big problem for them, and it’s not something that the elimination of straight ticket voting will help them with in 2020. Note also that Republicans have been pretty heavily dependent on straight ticket voting as well. I do not understand the assumption that its removal will help them.


Year  Voter Reg   R Pres%  R Judge%  D Pres%  D Judge%
======================================================
2004  1,876,296     31.2%     28.6%    25.4%     25.0%
2008  1,892,656     30.2%     28.6%    31.2%     29.5%
2012  1,942,566     30.2%     29.0%    30.2%     29.3%
2016  2,182,980     25.0%     27.7%    32.4%     30.3%

The first column is the total number of registered voters in Harris County in the given year, and the percentages are the percentage of each of the total registered voter population. As a share of all registered voters, Donald Trump did worse than John Kerry, while Hillary Clinton did better than Dubya. The share of all voters choosing Democratic judicial candidates increased twenty percent from 2004 to 2016, while the share of all voters choosing Republican judicial candidates declined by three percent. This is what I mean when I say that the Republicans first and foremost have a “not enough voters” problem in Harris County. Their second problem is that they have no clue what to do about it.

For what it’s worth, here’s a similar comparison for the off years:


Year  R Judges   D Judges    R Str    D Str  R Str%  D Str%
===========================================================
2002   333,009    270,564  185,606  171,594   55.7%   63.4%
2014   359,842    297,812  254,006  210,018   70.6%   70.5%
2018   531,013    651,975  410,654  515,812   77.3%   79.1%

Year  Voter Reg  R Judge%  D Judge%
===================================
2002  1,875,777     17.8%     14.4%
2014  2,044,361     17.6%     14.6%
2018  2,307,654     23.0%     28.3%

Couple things to note here. One is that there wasn’t much in the way of growth for either party from 2002 to 2014, though as we know there were some ups and downs in between. The 2018 election was a lot like a Presidential election in terms of turnout – you’ve seen me use 2012 as a point of comparison for it before – but one in which the Dems did a much better job. No Republican, not even Ed Emmett, came close to getting 600,000 votes. Here, I’ll agree that having unpopular politicians at the top of the ballot, like Ted Cruz and Dan Patrick and Ken Paxton, as well as having to fly under the Trump banner, helped propel Dems, in part because of former Republicans crossing over. But they were starting from a lower point to begin with.

Note, by the way, the jump in voter registrations from 2012 to 2014. Mike Sullivan deserves some credit for that, as he was the first Tax Assessor in a long time to not be hostile to voter registration, but this was also the point at which Dems started really focusing on registering voters. For sure, that has helped, and I’ve no doubt that Abbott’s people had reason to be alarmed going into 2018. I find it kind of amusing that Republicans are turning to voter registration themselves as a way forward. I have to wonder if that will lead to any bills getting advanced that would make voter reg easier and more convenient. My guess is still No, on the grounds that they probably figure they can throw money at the problem and would still rather have it be hard for Dems, but we’ll see.

I could go on, but you get the point. And as a reminder, the numbers themselves aren’t the whole story about why Republicans are struggling and will continue to do so in Harris County:

Simpson, for one, is glad to see the parade of Democratic presidential contenders coming to Harris County because it puts their ideas — particularly on climate change — front and center. Let them bring their calls for banning fossil fuels, he said.

“They don’t want us to eat beef, drill for oil or even use straws.”

Because it there’s one thing younger voters really hate, it’s trying to solve climate change. Way to be on top of the trends there, dude.

Big John may get a primary challenger

Drama! Maybe.

Big John Cornyn

State Sen. Pat Fallon, R-Prosper, announced Monday evening he is exploring a primary challenge to U.S. Sen. John Cornyn, potentially giving the state’s senior senator his most prominent intraparty opponent yet.

Fallon, a former state representative elected to the Texas Senate last year, told a Tea Party group here that he was forming an exploratory committee and moving on a quick timeline, hoping to have a conversation with GOP voters over the next few days. Fallon said that for six months, he had been hoping that a “viable conservative choice” would step up to take on Cornyn, but that person never emerged.

Addressing the True Texas Project, formerly the NE Tarrant Tea Party, Fallon pitched himself as a U.S. Senate candidate who would bring more energy and conviction to the fight that awaits Republicans in the general election. At one point, he said he hoped to galvanize Republicans much like Beto O’Rourke revved up Democrats last year in his closer-than-expected loss to the state’s junior senator, Ted Cruz.

“What would happen in Texas if we can finally have a candidate — a new one — that energized the right?” Fallon said. “That gave everybody in this room something to believe in, to say, ‘This person, I believe that they care, I believe that they will do as they say,’ and I have an eight-year record to prove that. You don’t have to take that leap of faith — compare our records.”

[…]

Fallon could be the third Republican to line up to challenge Cornyn in 2020, following two lower-profile candidates. One is Dallas financial adviser Mark Yancey, and the other is Dwayne Stovall, who finished third in the 2014 primary, behind Stockman, with 11% of the vote. Stovall was running as an independent against Cornyn this cycle until switching to the GOP primary last month.

Well, if you look at the picture in this story, you can see that Pat Fallon has the kind of square jaw and executive-style hair that ought to make him a serious challenger. Beyond that, well, you know. By all means, Republicans, boot out your long-term, well-funded incumbent for this guy. You won’t regret it, I’m sure. The Texas Signal has more.

Rep. Will Hurd to step down

Wow. I did not see this coming.

Rep. Will Hurd

The U.S. House’s last black Republican member, Rep. Will Hurd of Helotes, announced Thursday that he is retiring from Congress. President Donald Trump’s racist comments about elected officials weighed heavily on Hurd, who has often spoken out against the rhetoric.

In announcing his resignation on Twitter, he alluded to future plans, but provided no specifics.

“I have made the decision to not seek reelection for the 23rd Congressional District of Texas in order to pursue opportunities outside the halls of Congress to solve problems at the nexus between technology and national security,” he wrote.

It was unclear as the news broke whether or not state or national Republicans have a back-up plan for a candidate in this district. Several state and national Republican operatives reached out to the Tribune to react to the news. Nearly all of the commentary involved highly explicit language.

It is apparent that this reelection would have been difficult.

Veteran Gina Ortiz Jones nearly defeated Hurd last cycle, and Democrats were emphatic that they would put all of their muscle in helping her capture this district, which has become something of a white whale for the party.

Emphasis mine. I’d feel sorry for those SOBs if they deserved any sympathy, but they don’t. I do however have an idea of why they’re so upset, and it’s because they’re in the same state I am, which is caught off guard. I mean, earlier that same day came this Politico piece about potential Republican retirements, and well, see for yourself:

Among those on the retirement watch list include older members, like Hal Rogers of Kentucky, Jim Sensenbrenner of Wisconsin and Don Young of Alaska; moderates, like Fred Upton of Michigan and Greg Walden of Oregon; lawmakers facing tougher races, like Texans Michael McCaul and Kenny Marchant, and Ann Wagner of Missouri; and the two members under indictment, Duncan Hunter of California and Chris Collins of New York.

History suggests that an uptick in retirements is common for the minority party after a shift in power. More than a dozen House Democrats left Congress after the 2010 tea party wave that swept Republicans back to power — and seven House Republicans have already announced their departures from politics, just seven months into the cycle.

“Unfortunately, I am afraid there may be more coming,” said Sarah Chamberlain, president and CEO of the Republican Main Street Partnership, which supports centrist Republicans in swing districts.

The pile-up of retirements could complicate the GOP’s path back to the majority after a bruising midterm election. Almost immediately after Rep. Pete Olson (R-Texas) announced he would not seek reelection last week, election forecasters shifted the race from “lean Republican” to “toss-up.”

Olson, who came to Congress in 2009, would have faced a competitive reelection battle in his district in the Houston suburbs, where he just narrowly fended off a Democratic challenger last year. And Democrats are dumping resources into Texas this cycle, hoping to build on their gains in the midterms.

“Texas is the biggest battleground state. Republicans know it,” said Abhi Rahman, communications director for the Texas Democratic Party. “We wouldn’t be surprised if there were more retirements because Republicans know their 2020 prospects in Texas are doomed.”

I guarantee you, if there had been any whispers of Hurd hitting the exit, it would have been in that story. This was a bolt from the blue, and it had to have left a mark. Good. Also, too, if McCaul and Marchant drop out, the Republicans are really in a world of hurt.

As for Dem opposition in CD23, Gina Ortiz Jones is off to a fast start in fundraising. She has two opponents in the primary so far, though only Rosey Aburabara looks like a serious challenger. I don’t expect anyone else with any heft to get in on the Dem side. I have no idea who might get in on the Republican side, but my best guess would be someone from the Bexar County part of the district.

One more thing:

Because I love you all, I can and will tell you that the others are:

Ted Poe (CD02)
Sam Johnson (CD03)
Jeb Hensarling (CD05)
Joe Barton (CD06)
John Culberson (CD07)
Mike Conaway (CD11)
Rubén Hinojosa (CD15)
Beto O’Rourke (CD16)
Randy Neugebauer (CD19)
Lamar Smith (CD21)
Pete Olson (CD22)
Will Hurd (CD23)
Blake Farenthold (CD27)
Gene Green (CD29)
Pete Sessions (CD32)

As noted later by Svitek, that doesn’t include John Ratcliffe (CD04), who is reported to be Trump’s pick for Director of National Intelligence. Add in McCaul and Marchant and we’d have turned over more than half the delegation in the last three elections. That’s pretty amazing.