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Election 2018

Fallon fallout

Of interest.

Sen. Pat Fallon

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

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

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

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

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

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

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

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

Once again with female Congressional candidates

This is another post that was drafted in the Before Times, specifically right after the March primary. I went through the runoffs and assessed all of the races that could or would contain a female candidate or incumbent against a male opponent or open seat with a retiring male incumbent, mixed in the likelihood of said female candidate winning, and presented a range of possibilities for the number of female members of Congress in Texas in 2021, a number that now stands at six. That’s six female members of Congress out of 36 total – five Democrats (out of 13 total) and one Republican (out of 23). With the lineups for November settled, let’s do a quick review, then you can click on to see what I had written originally.

First of all, the next member of Congress in CD24 will be a woman, either Democrat Candace Valenzuela or Republican Beth Van Duyne. It would be nice to say that this means the number of women in Congress from Texas will go up, but Rep. Lizzie Fletcher could lose her race to Wesley Hunt, which would leave us at six as before. I think as things stand right now Fletcher is a clear favorite to win, but we have to allow for the possibility.

Other than Van Duyne, the only Republican running in a competitive district is Genevieve Collins in CD32 against Rep. Colin Allred, who like his fellow freshman Fletcher is the favorite to win but could lose if things go poorly from here. CD24 is one of the more Dem-leaning seats that are currently held by Republicans, but since it’s Republican-held I’d say it has slightly better odds of staying red than CD07 or CD32 have of flipping to red. Republicans can add up to two women to their caucus, and they can subtract one from the Democratic caucus, but I think the single most likely outcome is that Rep. Kay Granger remains the only Republican woman in Congress, and Rep. Lizzie Fletcher gets another term.

If that’s the case, then Dems will add at least one woman to their caucus, but given the bigger picture it’s nearly impossible to imagine that it would be one and only one. I can’t envision a scenario in which Candace Valenzuela wins but Gina Ortiz Jones does not. Wendy Davis is a notch behind those two, and then a little further behind we have Sima Ladjevardian, Lulu Seikaly, Julie Oliver, and Donna Imam. A gain of two Democratic women feels like the single most likely possibility, followed very closely by a gain of three. Four or more is more remote, but not at all out of the question.

That’s the nickel summary. More recently, The 19th wrote about this from a national perspective, with a focus on Republican efforts to recruit more and better female candidates for Congress. They all pretty neatly avoid the Donald Trump-shaped elephant in the room, but that’s their problem. Read on for my original post, which included all of the candidates who are now out of the race or who are running for seats that are not competitive.

(more…)

CD24 poll: Valenzuela 47, Van Duyne 41

From the Twitters:

You can see the poll info here. The 48-41 and 49-45 numbers are with leaners included – I just used the topline numbers. I would note that Trump carried CD24 by six points in 2016, while Beto won it by 3.5 points in 2018; I will say again, CD24 was the one that got away in 2018. Anyway, Biden leading by four points suggests a ten point shift overall from 2016, which is consistent with Biden leading the state by about a point. You can add your own caveats, I’m just adding this as another data point.

Felony judges move to dismiss bail lawsuit

Of interest.

A group of district judges in Houston on Thursday argued for dismissal of a lawsuit alleging their felony bail practices are unconstitutional because they discriminate against poor people, keeping them jailed when they can’t pay bail.

Among the defendants are the 23 criminal district judges of Harris County, who argue that the plaintiffs lack standing, and the judges have immunity to the claims. They say the plaintiffs were all released on bail and they don’t have an injury that qualifies them to sue.

[…]

“The felony bail system in Harris County raises the same legal issues as the misdemeanor system, has the same devastating consequences for impoverished arrestees, is similarly coercive of guilty pleas, and is even more costly to the system,” said the second amended complaint in Russell v. Harris County.

The lawsuit argued that Harris County for felony bail must stop using a secured bail schedule to make release decisions and better ensure that detained defendants receive constitutional protections that will protect against “erroneous deprivation of the right to bodily liberty.”

The plaintiffs are all detained in Harris County because they couldn’t afford to pay bail. Their lawsuit seeks an injunction against the county’s felony bail practices. They say the county can’t base release decisions on money alone. It must make factual findings that a person is able to afford the bail, or if they can’t pay, that pretrial detention is necessary because there’s a specific, compelling government interest and there’s no less-restrictive alternative.

The 23 judge-defendants’ motion to dismiss said the plaintiffs in the case were released on bail and they don’t have an injury that would grant them standing to sue the judges. The judges also argue they have immunity, and that an exception to immunity for constitutional violations does not apply, because the plaintiffs haven’t alleged a colorable constitutional claim.

“Plaintiffs’ claims all rest on an alleged fundamental right to pre-trial release, but the Fifth Circuit has already made clear that there is no such right. Consequently, there is no colorable constitutional claim in this suit,” the judges’ motion to dismiss said.

See here for the last update, which is when the judges were added to lawsuit. The story notes both the settlement in the misdemeanor bail lawsuit, which took a dramatic turn following the 2018 election when the Democratic slate won en masse and followed through on a promise to settle this, as well as the fact that two of the felony court judges, Chuck Silverman and Brian Warren, have filed motions in support of the plaintiffs. We’re still very much in the early stages of this litigation.

Because the felony (criminal district) courts are state offices, the felony judges are represented by the AG’s office; the misdemeanor court judges were represented by the County Attorney. It’s unclear to me how much influence Harris County government will have in this lawsuit. County Sheriff Ed Gonzalez, who favored the misdemeanor settlement, is a named plaintiff in both cases, so whatever influence there is will come via that. As far as I know, he has not yet spoken about this lawsuit.

I want this lawsuit to be settled as well, for the same reasons about equal justice for rich and poor, as well as serious concerns about jailing many non-violent offenders who have not been convicted of anything. It may be that the standing argument has merit – I’m not a lawyer, I don’t know – but that’s not really important to me. What I want is for the system to get a big dose of the reform it badly needs, and along the way I want these judges that I voted for to be part of the solution, not part of the problem like their now-former colleagues on the misdemeanor bench were. I’m willing to see how this plays out, but I need to see that we’re all moving towards a fairer and more equitable system. I’ll definitely be keeping this in mind the next time there are primaries.

July 2020 campaign finance reports: State races, part 2

Let’s move on to finance reports from the State House, which I will break up into two parts. Today’s look is on the various races in the greater Houston area, and after that I’ll look at the other races of interest from around the state. Part One of my look at the July reports for state races is here. January reports for Harris County State House races are here, January reports for other area State House races are here.

Martin Shupp, HD03
Cecil Bell, HD03

Lorena McGill, HD15
Steve Toth, HD15

Jeff Antonelli, HD23
Mayes Middleton, HD23

Brian Rogers, HD24
Greg Bonnen, HD24

Patrick Henry, HD25
Cody Vasut, HD25

Sarah DeMerchant, HD26
Matt Morgan, HD26

Eliz Markowitz, HD28
Gary Gates, HD28

Travis Boldt, HD29
Ed Thompson, HD29

Joe Cardenas, HD85
Phil Stephenson, HD85

Natali Hurtado, HD126
Sam Harless, HD126

Kayla Alix, HD129
Dennis Paul, HD129

Gina Calanni, HD132
Mike Schofield, HD132

Sandra Moore, HD133
Jim Murphy, HD133

Ann Johnson, HD134
Sarah Davis, HD134

Jon Rosenthal, HD135
Justin Ray, HD135

Akilah Bacy, HD138
Lacey Hull, HD138


Dist   Candidate       Raised     Spent       Loan     On Hand
==============================================================
HD03   Shupp              430         0          0         430
HD03   Bell             8,750    24,449     82,140      19,327

HD15   McGill          11,010    12,791          0       3,437
HD15   Toth            32,849    22,015          0      20,413

HD23   Antonelli        2,104         0          0       2,104
HD23   Middleton        9,782   271,170    500,000      87,325

HD24   Rogers             970         0          0       1,445
HD24   Bonnen          16,120    35,375    450,000     563,721

HD25   Henry            3,660     5,113          0       3,660
HD25   Vasut           48,486    68,549        100      28,176

HD26   DeMerchant      12,998     5,138        975       6,178
HD26   Morgan          25,702    44,030     29,615       3,998

HD28   Markowitz      287,618   243,837          0      48,119
HD28   Gates          497,620   632,891  1,736,100      58,549

HD29   Boldt           16,531     7,228          0      15,682
HD29   Thompson        59,521    72,807          0     412,652

HD85   Cardenas         9,298     4,542          0       1,800
HD85   Stephenson      20,243    40,447     29,791      34,720

HD126  Hurtado        121,203    30,604          0      66,783
HD126  Harless         28,914     2,965     20,000     124,052

HD129  Alix            33,836     3,868          0         898
HD129  Paul            38,885    17,665    156,000      46,752

HD132  Calanni         92,315    33,941          0      99,500
HD132  Schofield       63,290   134,658          0      53,016

HD133  Moore            4,025     2,352          0       3,862
HD133  Murphy          60,100    27,894          0     514,779

HD134  Johnson        267,651   110,996          0     193,642
HD134  Davis          133,245    98,848          0     169,966

HD135  Rosenthal      129,685    61,548          0      87,108
HD135  Ray             64,170    53,847          0      60,774

HD138  Bacy            76,135    38,924          0      48,944
HD138  Hull            25,638    49,438          0      20,518

The first thing to keep in mind is that the time period covered by these reports varies. Candidates who did not have a primary opponent did not have to file eight-day reports for March, so those lucky folks’ reports cover the entire six months from January 1 through June 30. Those who had a March primary and emerged victorious did have to file an eight-day report for March, so their reports cover February 23 through June 30. And those who had to endure the runoff election also had to file an eight-day report for that race as well, so their reports cover February 23 through July 6. Got it? Check the individual report links themselves if you’re not sure what applied for a given candidate.

For obvious reasons, candidates who had contested primaries and/or runoffs may have raised and spent more than someone who could have cruised through that period. Looking at these numbers, it’s not actually all that obvious who was running in a real race during this period and who wasn’t, but that was a factor. Also, remember that the runoff for the special election in HD28 was in January, so much of the fundraising and spending for Eliz Markowitz and Gary Gates includes that.

So with all that, a few things to note. Ed Thompson (HD29) and Jim Murphy (HD133) have clearly followed the well-trod path of multiple-term incumbents, building up a decent campaign treasury for the year when it may be needed. Remember how I once suggested that Jim Murphy could make sense as a candidate for Houston Mayor in 2023? The strategy of building up a campaign war chest while a member of the Legislature worked pretty well for Mayor Turner. I’m just saying. First term Democratic incumbents Jon Rosenthal and Gina Calanni, neither of whom were big fundraisers in their successful 2018 campaigns, have done all right for themselves so far. They’re not going to scare anyone off with their bank accounts, but they’re not starting from scratch, either.

Nobody in the hot races in HD26 or HD138 has a lot of money right now, but I don’t expect that to last. I figure the 30-day reports will tell more of the story there, and of course there will be a ton of PAC money at play. Eliz Markowitz will have a larger network of donors from her special election to tap into, but will be operating in a much more competitive environment, and as before will be running against a guy who prints his own money. Natali Hurtado has some catching up to do in HD126, but she’s off to a roaring start. No one in the lower-profile races has done anything to raise their profiles.

By the way, when you see a puzzling disparity between raised/spent and cash on hand, the answer is almost always because the amount raised includes a significant “in kind” share. Kayla Alix in HD129, for example, raised $33K, but $26K of it was an in-kind donation for office rental. It’s a real contribution, but it doesn’t manifest as cash on hand.

The two oddest reports to me are those belonging to Sarah Davis and Mayes Middleton. What in the world was Middleton, a first-term incumbent with no primary opponent, spending $271K on? About $78K on advertising, and at least that much on six or seven paid staff, in monthly installments. Why does he have so many people on monthly retainers? You’d have to ask him. As for Davis, I have no idea how it is that she doesn’t have $500K or so in the bank. She’s been an incumbent for as long as Murphy has (they both were elected in 2010; Murphy had served a term before that and was defeated in 2008 but came back the following cycle), her last serious Democratic challenger was in 2012 (Ann Johnson again), and like Murphy she represents a wealthy district with plenty of well-heeled constituents. I recognize that this is a tough cycle for her, by most reckoning one in which she is likely to lose, so I can understand how Johnson is outperforming her now. What I don’t understand is why she didn’t have more socked away for exactly this circumstance. Not complaining, you understand, just marveling.

Hegar to get a boost

Nice.

MJ Hegar

The Democratic Senatorial Campaign Committee announced Tuesday that it will spend at least $1 million to help MJ Hegar in her challenge to U.S. Sen. John Cornyn, R-Texas.

The DSCC said it will be the first time the committee has made a coordinated investment in a general election in Texas, and the money will go toward TV ads, polling and other campaign resources. The announcement comes after the DSCC commissioned a poll that found Cornyn and Hegar in a tight race.

“This race is a dead heat, and our increased investment reflects how MJ’s campaign and the increasingly competitive climate has put another offensive opportunity on the map,” DCCC Executive Director Scott Fairchild said in a statement to Politico, which first reported the news.

The DSCC called the spending a “seven-figure coordinated investment” but did not elaborate further. The Federal Election Commission has capped such spending — known as coordinated party expenditures — at $2,239,500 for the general election this cycle in Texas, and the DSCC already spent toward the limit supporting Hegar in her primary runoff.

[…]

The DSCC said its polling, conducted late last month, found Cornyn barely leading Hegar among likely voters, 43% to 42%, with 15% undecided. Public polling has painted a less rosy picture of the race for Hegar. A Morning Consult survey released Tuesday morning gave Cornyn a 6-point lead with likely voters, 44% to 38%, with 14% undecided. While the margin was wider than the one in the DSCC poll, it was nonetheless the smallest advantage Cornyn has registered so far in a public survey.

The DSCC investment is much-needed financial aid for Hegar, who entered the general election with a large cash-on-hand deficit against Cornyn. She had less than $1 million in reserves at the end of June, while Cornyn had $14.5 million. Cornyn did not have a competitive primary.

See here for more on that Morning Consult poll, and here for the Politico story. The DSCC has backed Hegar for months, so it’s good to see them stick with her. I don’t know a thing about this poll – this tweet from Hegar shows the first paragraph of the email she got about it – but as I’ve said before, the big thing to me is that Cornyn is more or less running even with Trump; he’s been ahead of Trump in a couple of polls, and behind him in some others, but usually within a point or two. If that remains the case, and if Biden wins Texas or comes close enough, that may be all that Hegar needs. Raising her name ID, mostly to prevent lower-information voters from wandering over to a third-party candidate, will help with that.

One more thing:

Of course, Beto was also on his way to raising $80 million and becoming a national phenomenon, neither of which are likely to happen for Hegar. But she does have the Presidential race on her side, and a template to follow. Beto did eventually lead Cruz in a couple of polls later in the race, but overall he trailed by about five points. Which, as we know, he outperformed. Now it’s on Hegar to match that.

(PS – Another thing I don’t know is what the Presidential number was in this poll. You’d think if it showed Biden leading it might have been mentioned, but then given how frequently he’s been leading, maybe not. Maybe if this poll had Biden leading by, like, three or four, it might have been reported as “Hegar lags behind Biden”, as it was in that Morning Consult story, and if so the Hegar campaign may have been reluctant to release that, since this was supposed to be about them. And if Biden had trailed Trump, say by the same one point margin, that might have been the story as well. In other words, there’s more than one possible explanation for why we only got what we got. In any event, all this is baseless speculation – we just don’t know. I actually think it’s slightly more plausible that Biden led Trump by a couple of points in this poll than he trailed him by any amount, but I’m just guessing. Feel free to play along.)

Morning Consult: Biden 47, Trump 46

Looks like maybe we’ll get a regular dose of these.

Democrats enter the peak of the campaign season with advantages that make their path to regaining control of the Senate easier for strategists and handicappers to envision alongside a Joe Biden victory, but new polling suggests that even a rout at the top of the ticket is unlikely to result in a filibuster-proof majority for the left in 2021.

Senate Republicans are outperforming their well-funded Democratic rivals in Kentucky and Texas, while the chamber’s most vulnerable Democrat, Doug Jones of Alabama, trails his Republican challenger, former Auburn football coach Tommy Tuberville, by double digits, according to the latest Morning Consult Political Intelligence polling of likely voters in four states conducted from July 24 through Aug. 2. In South Carolina, the data shows a virtually tied contest between Sen. Lindsey Graham (R-S.C.) — one of President Donald Trump’s top allies on Capitol Hill — and Jaime Harrison, the former state Democratic Party chairman.

The four states are viewed as reaches for Senate Democrats this year, with handicappers rating them as less competitive than high-profile challenges against incumbent Republicans in places like Arizona, Colorado, Georgia, Iowa, Maine and North Carolina. Democrats need to win four seats held by Republicans, and retain all of their current seats, to take a clean majority, but would need much more to reach the 60-vote threshold that would enable them to push through a policy agenda without changing the chamber’s rules and eliminating the filibuster for legislation.

No Senate candidate is running statistically ahead of his or her party’s presumptive presidential nominee in the four states, mirroring Morning Consult findings from polls in three battleground states — Georgia, Michigan and North Carolina — released last week.

The biggest gap appears in Texas, where Biden and Trump are statistically tied, 47 percent to 46 percent.

MJ Hegar, an unsuccessful 2018 House candidate who recently emerged from a tough Democratic primary, underperforms Biden in the Lone Star State by 9 percentage points, with 38 percent support — 6 points behind Republican Sen. John Cornyn, who roughly matches the president’s vote share in the state with 44 percent support. That gap is driven by independents and Democrats, among each of whom Hager underperforms Biden by double digits.

See here for the previous Morning Consult poll, which had it at Biden 47, Trump 45. In re: the Senate poll, Hegar does a little worse among Dems than Cornyn does among Republicans (81-5 Dems for Hegar, 85-4 GOP for Cornyn), and 27% of the Independent sample is “don’t know”. I would just note that Cornyn is trailing Trump, which in a situation where Trump is in danger of losing the state ain’t so great for him. For what it’s worth, in 2018 I tracked eight polls of the Senate race from the beginning of June through August 2, and the polling average there was Cruz 46.1 and Beto 40.3, basically the same spread as Cornyn-Hegar in this poll. I believe this race is closer than what the public polls suggest, due partly to the closeness of the Presidential race, Cornyn’s inability to run clearly ahead of Trump, and Hegar’s lower profile. I admit, it would be nice to see the polls begin to reflect that belief. As for the Presidential race, the polling average stands at 45.8 for Trump to 45.4 for Biden over all fifteen polls, and 46.0 to 45.6 in favor of Biden for the eleven most recent polls. (The Texas Politics Project has a more comprehensive poll tracker going all the way back to last Feburary, if you’re into that sort of thing.) The next frontier, as noted by NPR, would be Biden getting to or over 50% in a poll of Texas. His high-water mark so far has been 48. But then, so has Trump’s.

Interview with Sherrie Matula of Sisters United Alliance

Sherrie Matula is a longtime Democratic activist (she was a founder of the BAAD Women club) and two-time candidate (for HD129 in 2008, and for HCDE in Precinct 2 in 2016, which she lost by 0.2 percentage points), but that’s not the reason I’m interviewing her. I’m interviewing her because she’s the founder and President of Sisters United Alliance, a small data-driven effort to turn out Democratic-aligned women voters in Texas. Beginning in 2016 and focusing in that election on Harris County, SUA identified 89,000 low-propensity women who were already registered to vote and contacted them by mail and by phone to encourage them to vote for Democratic candidates. Forty-three percent, or 39K of those 89K women they targeted, did cast a vote. They followed that up in 2018 with a larger focus that included Fort Bend, Galveston, Brazoria, and Montgomery Counties plus four small counties between Houston and Austin, and had similar results.

Sisters United has expanded their reach again for 2020, and it’s an effort that deserves more attention. SUA is aiming at precisely the kind of voters that campaigns tend to overlook, and they have been successful at getting them to vote. You can see their numbers from 2018 here and their 2020 universe here, and you can visit their website to learn more here. We all know what’s at stake in this election. Sisters United is doing the kind of work that’s needed to make victory possible. Give a listen to hear what they’re about:

If you like what you hear and want to help, go here to donate to Sisters United Alliance.

Congressional Dems winning the money race in Texas

The times, they have definitely changed.

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

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

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

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

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

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

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

[…]

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

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

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

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

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

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

A slightly less rosy view of Democratic prospects

Here’s the latest race ratings from Texas Elects:

Texas Election Source has updated 27 race ratings based on the latest polling, July campaign finance reports and primary runoff results. Twenty of those races moved one column toward the Democrats’ advantage. Our complete ratings are located here. Thirteen Republican-held seats in the legislature or congressional delegation are rated Toss-up or Lean Democratic. No Democrat-held seat is rated below Lean Democratic after several seats formerly in the Toss-up column were shifted into the Lean Democratic column.

The most significant impact of the new ratings on our projections is in the Texas House. Democrats need a net of nine seats to retake a majority in the chamber. We project they will get six, up three from our April ratings, which would cut the Republicans’ advantage to 77-73 entering the 2021 legislative session. Seven more Republican-held seats are projected to be within 1.5 percentage points of the range we consider a toss-up race. Only two Democrat-held seats are projected to be within 1.5 percentage points of a toss-up.

Four Republican-held seats are rated Lean Democratic, listed from greatest to least lean:

  • HD134 – Rep. Sarah Davis (R-Houston) vs. Ann Johnson (D)
  • HD138 open – Lacey Hull (R) vs. Akilah Bacy (D)
  • HD108 – Rep. Morgan Meyer (R-Dallas) vs. Joanna Cattanach (D); and
  • HD66 – Rep. Matt Shaheen (R-Plano) vs. Sharon Hirsch (D).

Since 2010, the four House seats on the list have drifted an average of 7.3 percentage points bluer, relative to the state as a whole. Two seats in other chambers – CD23 and SD19 – are also rated Lean Democratic. They have gotten relatively redder but remained 3.9 and 9.1 percentage points bluer than the state as a whole in 2018. We are projecting SD19 to get another 1.4 percentage points redder, but even that keeps it just .07% from being labeled as Likely Democratic.

Incidentally, HD134 would rate as Likely Democratic but for Davis’s consistent over-performance of other Republicans in the district. In 2018, the average Democrat received 55% of the vote in her district measured head-to-head against the Republican, but Davis survived thanks to ticket-splitting voters. Longtime political observers will remember former Rep. Jim McReynolds (D-Lufkin) who held onto his district by finishing as much as 19 points better than the rest of the Democratic slate. He was overwhelmed by rising Republican leanings in 2010 but still over-performed the rest of the ticket by 12 points. We project Davis’s ability to win over ticket-splitting voters will not be enough this year.

Dallas Co. was the epicenter of the Democratic surge in 2018. Only two Republicans represent the county in the state House currently, and we project that number will be zero after November. Tarrant Co., home to five races rated Toss-up or Lean Republican, and Fort Bend Co., with three seats in the Lean and Likely Republican columns, are expected to be the chief battleground counties in the House this year.

There’s more, so go read the rest. Texas Elects has a lot of premium content, but the free stuff is worth checking regularly.

Unlike the exuberant Capitol Inside projections, Texas Elects has the Dems falling short of a majority in the House, though it does expect three Congressional seats and SD19 to flip, and it has all of the statewide races as “Lean Republican”. You might be wondering about the inclusion of some Dem-held seats on the table, but as noted before, HDs 31, 34, and 74 are three of the four most purple districts out there that were held by Dems prior to 2018. They could be vulnerable in a bad year for Dems, though I don’t think this is that kind of year. As for HD41 and HD144, I can’t say I’m worried about them.

As that Capitol Inside projection was ebullient for Dems, this one is more sober. It sounds a little crazy to say when you think of the decade in total, but a six-seat pickup by Dems in the Lege would feel disappointing. It’s well within the range of possibility, and if all we ever think about is the best case scenario we’re not being honest with ourselves. All projections are art as well as science, in that you have to decide which factors are the most important and by how much. Individual candidates and fundraising prowess mean a lot, but so does the national environment, and so do demographic trends.

As far as candidates mattering goes, read that analysis of the HD134 race carefully. I come back to this a lot, but the key thing that happened in HD134, and in CD07 (which includes almost all of HD134) is exactly that the Democratic shift from 2016 to 2018 went much deeper than the top of the ticket. The average Republican judicial candidate won CD07 by thirteen points in 2016, and won HD134 by eight. In 2018, the average Republican judicial candidate barely won CD07. I didn’t do the exact same analysis for the State House districts, because I spent so much time talking about straight tickets and undervoting, but in service of that analysis I did this sample of judicial races, and as you can see each Dem was over fifty percent in HD134, by varying amounts. The point is, the fundamental nature of HD134 has shifted from “a Republican district that will sometimes support specific Democrats” to “a Democratic district that has – at least till now – supported Sarah Davis”. That’s what she’s up against this year, not just her November opponent but the baggage of the entire Republican Party and the prospect of a Democratic Speaker. She could hang on, and for sure she should not be underestimated, but this year, for the first time, she’s the underdog.

Anyway. I love this kind of analysis because it makes me think about my own assumptions and expectations for the year. Go take a look and see what you think.

CD25 poll: Roger Williams 45, Julie Oliver 43

This is genuinely astonishing.

Julie Oliver

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

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

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

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

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

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

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

Checking in on CD21

Thar’s the race where Wendy Davis is trying to unseat the mini-Ted Cruz known as Chip Roy, and the pundits are thinking she can do it.

Wendy Davis

All signs are pointing toward a competitive race between incumbent conservative firebrand U.S. Rep. Chip Roy and Democratic mainstay Wendy Davis in Texas’ 21st Congressional District.

The district, which stretches from northern San Antonio to Austin and includes a swath of the Hill Country, has long been viewed as a GOP stronghold. Roy’s predecessor, Republican Lamar Smith, held the seat for more than 30 years. But in 2018, Roy won it with a margin of less than 3 percent.

With $4.4 million raised, Davis has pulled in 75 percent more in campaign donations than Roy — a rare feat for a candidate facing a Republican incumbent.

The politically polar-opposite candidates have already begun casting each other as extremists of their parties. Roy’s campaign has sent a barrage of emails to supporters saying Davis “would be one of the most extreme liberal members of Congress, right there with AOC, Ilhan Omar, Pelosi and the rest of the socialist Democrats.”

Davis, a former state Senator best-known for her 2013 filibuster against an anti-abortion law, has seized on Roy’s response to the pandemic, criticizing his rejection of coronavirus relief funding for businesses. Roy was one of 40 GOP House members who voted against the bill and said he did so because he did not have enough time to review the legislation before voting.

She called Roy, who once served as chief of staff to Sen. Ted Cruz, “an extreme voice who has spent his time in Washington looking out for corporate drugmakers and wealthy special interests.”

Roy-Davis is one of four congressional races in Texas where Republicans have been favored but are seeing their opponents gain momentum, according to the Cook Political Report, a prominent nonpartisan political ratings group. The publication on Friday switched the 21st District from “Lean Republican” to “Toss Up.” It was welcome news for the Davis campaign and other national Democrats.

We’re seeing a lot of Congressional ratings updates now, mostly I think because the Q2 finance reports are out, but also because of the seismic changes in Donald Trump’s approval and re-elect numbers. CD21 is to me in the second tier of pickup opportunities for Dems – CDs 23 and 24 are on top, and at this point I’d consider it very disappointing if Dems didn’t take them both. CD21 is in the next tier, along with CDs 10 and 22, and I’d consider it an upset at this point if Dems didn’t win at least one of them. After that comes all of the longer-shot districts, namely CDs 02, 03, 06, 25, and 31. The fact that we are seeing favorable internal polls getting released by the Democratic challengers in these races, including now a poll from CD21, says something about where we are now in the campaign. Granted, the poll numbers have been more favorable to Joe Biden than to the Dem challengers, but especially in districts with incumbents running for re-election, I think it’s likely that Biden will have to top 50% in most if not all of them for the Dems to have a strong chance. There’s likely more slack in the open seat races, but I’d expect even the more-ardent Trump-humpers to outperform the rest of the ticket on their turf, so a boost from Biden would be very nice.

Davis should also get a boost from the relentless voter registration efforts, which have been especially fruitful for Dems along the I-35 corridor, which overlaps quite a bit with CD21. (And CD23, and CD24, and CD31, and to a lesser extend CDs 03, 06, 10, and 25.) Davis has vastly outraised Roy, and while putting some of that towards tying him to Trump is needed, I’d hope she spends a lot of it on more voter registration and a ton of GOTV. (She will have to spend some of it countering the gobs of PAC money being spent to defend Chip Roy.) The opportunity here is about as good as it gets, and the more Democrats that get elected this year, the harder it’s going to be for Republicans to draw themselves a maximalist Congressional map in the 2021 redistricting process.

Abandon ship!

LOL.

During Troy Nehls’ recent bid for the Republican nomination in one of Texas’ battleground congressional districts, the Fort Bend County sheriff prominently displayed his support for President Trump across his campaign website.

“In Congress, I will stand with President Trump to defeat the socialist Democrats, build the wall, drain the swamp, and deliver on pro-economy and pro-America policies,” Nehls said under the top section of his issues page, titled “Standing with President Trump.”

Within two days of Nehls’ lopsided runoff victory, that section had been removed, along with a paragraph from Nehls’ bio page that stated he “supports President Trump” and wants to “deliver President Trump’s agenda.” Fresh language now focuses on his record as sheriff during Hurricane Harvey and managing the agency’s budget.

Nehls’ abrupt shift in tone captures the challenge facing Republican candidates in suburban battleground districts up and down the ballot, including Nehls’ district and two neighboring ones, where polling suggests Trump’s coronavirus response has alienated voters and, for now, created strong headwinds for his party’s congressional hopefuls.

In those contested districts, which even Republicans acknowledge Trump may lose, GOP candidates are navigating the choppy political waters by emphasizing their personal backgrounds and portraying their Democratic foes as too extreme. Most have dropped the enthusiastic pro-Trump rhetoric they employed during the primaries.

It is not uncommon for candidates to tailor their messages to the far ends of their party bases during the primaries before tacking back toward the center for the general election.

Still, it remains a unique challenge for Republicans in competitive races to distance themselves from the president and his lagging poll numbers without angering their supporters, said Jim Henson, director of the Texas Politics Project at the University of Texas at Austin.

“I think how you do that is still not quite clear, but I also think the ground is really shifting,” Henson said. “(Trump’s) overall favorable-unfavorable numbers are going down, he’s losing ground among independents, and we see glimmers — but just glimmers — of doubt among some Republicans in some suburban areas.”

Hilarious. The story also notes the Republican challenger in CD07, who was endorsed by Trump in the primary but would prefer that you not talk about that, and the CD10 race where Democratic challenger Mike Siegel is working to tie Trump to longtime incumbent Mike McCaul. We’ve seen this movie before, though in years past it had always been Democrats attempting this tightrope act, either by emphasizing their close personal friendship with Dubya Bush or their many points of disagreement with Barack Obama. It worked better in the former case than the latter, as anyone who remembers 2010 can attest.

The main advantage the Republicans running now have is that the districts they’re in are (for the most part, CD07 being an exception) still Republican, at least as of 2018. Those Democrats of yore had been running in districts that were often 60% or more red, and they depended heavily on folks who were willing to split the ticket for them – until they didn’t, of course, which is what happened en masse in 2010. The challenge today is holding onto the folks who had been fairly reliable Republican voters before 2016. Donald Trump (and to a lesser extent his acolytes like Dan Patrick) are the reason these voters are turning away, which is why the strategy of pretending that Trump doesn’t exist is so compelling. The problem with that is that Donald Trump is the Republican Party these days, and the Republican Party is Donald Trump. That presents a bit of a conundrum for the likes of Troy Nehls, himself a longtime Republican officeholder. He may yet win – maybe the district won’t have shifted enough, or maybe enough people will vote for him because they liked him as Sheriff regardless of other factors, or whatever. But I’m pretty sure this isn’t the campaign he thought he’d be running when he first entered the race.

CD03 poll: Taylor 43, Seikaly 37

I expect we’ll see a fair amount of Congressional district polling this cycle.

Lulu Seikaly

There is a single-digit race underway for Texas’ traditionally red 3rd Congressional District, according to a new poll from the new Democratic nominee’s campaign.

The nominee, Lulu Seikaly, starts the general election trailing incumbent Rep. Van Taylor, R-Plano, by 6 percentage points among likely voters, according to the survey. Forty-three percent of respondents said they’d vote for Taylor, 37% backed Seikaly and 5% supported Libertarian Christopher Claytor.

Furthermore, the poll found a tight presidential race in the district, with presumptive Democratic nominee Joe Biden leading President Donald Trump by 2 points. Trump carried the district by 14 points four years ago.

In a memo, the pollster said the data showed the district is “very much in play” this November, noting that Seikaly is “within striking distance” of Taylor despite being known to only 18% of voters. The memo highlighted how her Taylor’s lead shrinks to 2 points among voters who described themselves “very motivated” to turn out.

The district is not among the seven that the Democratic Congressional Campaign Committee has identified as pickup opportunities this fall in Texas. But Seikaly and some other Democrats see opportunity after Beto O’Rourke lost it by just 3 points in 2018

Taylor won the district by 10 points in 2018, ran unopposed in his March primary and remains far better-funded than Seikaly. The Plano attorney won her party’s primary runoff last week, getting 61% of the vote to 39% for Sean McCaffity.

See the aforementioned polling memo for more details. Here’s a good visual representation of how the district has shifted since 2016.

This is the second recent poll I’ve seen of a competitive Texas Congressional district. There was a poll in CD06 a little while ago, which also showed Joe Biden tied with Donald Trump, while the lesser-known Democratic Congressional challenger was a few points back. Both were internal polls, which require a higher level of skepticism, not because the poll is likely to be crap but because the candidate who commissioned the poll would not have released it if it had not been a result they wanted to tout. That said, keep two things in mind. One is that both sides can release internal polls, and there have been studies to show that a partisan difference in who releases internal Congressional polls is a correlated with that party doing well overall in that election. In other words, if we do wind up seeing a bunch of Democratic candidate polls, and few Republican internal polls, that does tell you something.

The other thing is something I discussed in 2018, when we saw numerous polls in hot districts like CD07 and CD32, which is that there is a correlation between how a top-of-ticket candidate (Beto in 2018, Biden in 2020) is doing in a particular district and how that candidate is doing statewide. In 2018, Beto was doing better in these Congressional polls than he was doing in statewide polls, for the most part. One of the points I made at the time was that it wasn’t possible for Beto to be (for example) tied in CD07 but trailing statewide by nine or ten points. What we have here – tentatively, with a very limited data set in this early going – is a bit of confirmation that Biden really is running close to, maybe even ahead of, Trump in Texas, because Biden winning Texas is correlated with Biden running even or ahead in a bunch of Congressional districts, including CDs 03 and 06.

Again, none of this is to say that either of these polls represent God’s honest truth. It is to say that you can’t have Biden running even with Trump in those districts without also having Biden running even with or ahead of Trump in Texas, and vice versa. Maybe those propositions turn out to be false, and we see that Biden is to fall short in both places. Even if Biden is in the position suggested by these polls, the challengers like Lulu Seikaly and Stephen Daniel may not be there with him – Beto ran ahead of nearly everybody wherever you looked, and candidates with weaker fundraising tended to lag several points behind him. Fundamentals still matter. The point is that right now, the data is telling us a consistent story. We should acknowledge that.

UPDATE: Another internal poll, from CD21, which shows Biden up three in the district (50-47) and challenger Wendy Davis trailing incumbent Chip Roy by one, 46-45. This too is consistent with the overall thesis.

July 2020 campaign finance reports: Congress

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

MJ Hegar – Senate
Royce West – Senate

Lizzie Fletcher – CD07
Colin Allred – CD32

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


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

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

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

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


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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

A deeper dive into the Texas polls

From Decision Desk:

Whenever there is a new poll of Texas released, there are a ton of hot takes on Twitter. Old believers of Texas as the great blue whale for the Democrats move to dismiss the poll, saying that Texas has looked good for Democrats in the past, but that they just can’t seem to pull it off. There are others who say that the numbers are real, and are a result of inevitable demographic shifts. Others dismiss Texas numbers as not mattering, because if Texas is close, surely the election is already won for the Democrats.

So let’s look at all of these arguments, why they are right/wrong, what the actual contents of the poll (including the crosstabs, which get very little attention) are saying, and how you can extrapolate that into the broader electorate.

The first argument of new Texas polls, is that polls showing a small Biden lead now is wrong, and Trump will flip it back when he gains in the polls/ when likely voter screens are more prevalent. I’ve written about Likely Voter screens before, and why they may not hurt the Democrats as they have in past years, so I won’t write about that now, so instead I’ll talk about the first argument, that a small lead will not hold. Firstly, polls have underestimated the Democrats in Texas in 2016 and 2018, particularly in the 2018 Senate race, where Republican Senator Ted Cruz was expected to win by high single digits, only to cling to a ~2% win. Additionally, if you only believed the polls, there would be no Democratic representatives in TX-07 and TX-32, as both were polled by the NYT/Sienna, showing small GOP leads, along with a large lead for Will Hurd in the TX-23. Both the TX-07 and TX-32 were won by over 5 points, and the TX-23 turned into a nail biting finish on election night, which has (probably, at least in part) lead to the retirement of Will Hurd in 2020. Other people dismiss those numbers because they expect Trump to claw back some of his losses close to November. The problem with this assumption is that it is the same working assumption that analysts have had since Joe Biden won the nomination, and at every point it has yet to materialize. Since Biden locked up the nomination the pandemic has only gotten worse, and Trump has done nothing but lose ground almost every month. While there is likely a floor for the GOP in modern American politics, and while we are *probably* approaching that, there is no reason to think that floor doesn’t include a loss in Texas.

The author goes on to discuss Texas as a swing state, the crosstabs of that recent Quinnipiac poll, and the Senate race, so go read the rest. I’d also direct you to G. Elliott Morris on what to expect when the polls generally switch to a likely voter model from the current registered voter model. All of this comes with a certain level of uncertainty baked in, which is why it’s good to consider an array of polls and not fixate on any one poll, but if you want a quick response to anyone who will just dismiss the numbers we’ve been seeing, here you go.

Quinnipiac: Biden 45, Trump 44

Just another poll showing Joe Biden in the lead in Texas, though you have to scroll way down in the Quinnipiac press release to get to that.

With Texas as one of the biggest hot spots in the coronavirus pandemic, voters say 65 – 31 percent that the spread of coronavirus is “out of control,” according to a Quinnipiac (KWIN-uh-pea-ack) University poll of registered voters in Texas released today.

Nearly three-quarters, 74 – 25 percent, think the spread of the coronavirus in the state is a serious problem.

Two-thirds, 66 percent, say they personally know someone who has been diagnosed with the coronavirus, a 31-point spike since early June when 35 percent said they personally knew someone who had been diagnosed with the coronavirus.

“The concern is palpable as the number of virus victims soars and it’s getting more personal every day, as the patient lists increasingly include friends, family and neighbors,” said Quinnipiac University Polling Analyst Tim Malloy.

CONCERNS ABOUT HOSPITALS

Nearly 7 out of 10 voters, 69 percent, say they are either “very concerned” or “somewhat concerned” about the state’s hospitals running out of space to care for sick patients. Thirty-one percent say they are “not so concerned” or “not concerned at all.”

STAY-AT-HOME ORDERS

More than half of voters, 53 – 44 percent, think the governor should not issue a stay-at-home order for the state to slow the spread of the coronavirus.

However, voters say 68 – 29 percent that if local officials want to issue stay-at-home orders for their local areas, the governor should allow them to do so.

FACE MASKS

Eighty percent of voters approve of Governor Greg Abbott’s order requiring most people in Texas to wear a face mask in public. Nineteen percent disapprove.

RE-OPENINGS

More than half of voters, 52 percent, say looking back, Governor Abbott reopened the economy “too quickly.” Thirty-three percent say he reopened the economy “at about the right pace,” and 13 percent say he did it “too slowly.”

More than three-quarters of voters, 76 – 21 percent, say they believe that the closing of bars is effective in slowing the spread of the coronavirus.

CORONAVIRUS RESPONSE

Voters are split on the way Governor Abbott is handling the response to the coronavirus with 47 percent approving and 48 percent disapproving. It’s a 21-point swing in the net approval from early June when 56 percent of voters approved and 36 percent disapproved.

In contrast, there isn’t much change in the way voters in Texas view President Trump’s handling of the response to the coronavirus. Texas voters approve, a negative 45 – 52 percent, compared to June’s 47 – 51 percent approval.

JOB APPROVALS

Governor Abbott: Voters approve with a split 48 – 44 percent of the job Governor Abbott is doing, a 20- point swing in the net approval from June when voters approved 56 – 32 percent.

President Trump: President Trump receives a negative 45 – 51 percent job approval rating, virtually unchanged from a month ago.

Senator Ted Cruz: 48 percent approve, 42 percent disapprove.

Senator John Cornyn: 41 percent approve, 35 percent disapprove.

“The governor takes a big hit for his haste in trying to jump start the state. Popular just seven weeks ago, his approval rating drops precipitously,” Malloy added.

2020 PRESIDENTIAL ELECTION

In the race for the White House, 45 percent of voters support former Vice President Joe Biden, while 44 percent back President Trump. That compares to early June when the race was equally tight and voters backed Trump 44 percent to Biden’s 43 percent. In today’s survey, Democrats back Biden 94 – 3 percent, independents back Biden 51 – 32 percent and Republicans back Trump 89 – 6 percent.

“With crises swirling through American society and a country deeply divided, there’s no other way to slice it. It’s a tossup in Texas,” Malloy added.

[…]

2020 TEXAS SENATE RACE

In the race for the U.S. Senate, Republican Senator John Cornyn leads Democrat MJ Hegar 47 – 38 percent.

When asked about opinions of the candidates, 41 percent hold a favorable opinion of Cornyn, 24 percent hold an unfavorable opinion of him, and 34 percent haven’t heard enough about him.

For Hegar, 24 percent hold a favorable opinion, 19 percent unfavorable, and 56 percent haven’t heard enough about her.

Three out of the last four polls, and four out of the last six, show Biden in the lead. Out of the thirteen total polls in our collection, the average is now Trump 45.8 and Biden 45.2, which sure looks like a tossup to me. And remember, a big chunk of Trump’s advantage comes from two of the four polls from before June. Take those out and limit the collection to the nine polls from June and July, and it’s Biden in the lead, by the tiny margin of 45.67 to 45.44 over Trump. Like I said, a tossup.

By the way, just for grins I went back and found the FiveThirtyEight poll collection for Texas from 2016. You know what they don’t have in that pile of polls? A single poll showing Hillary Clinton in the lead. That’s not really a surprise, as no one seriously thought Texas would be competitive in 2016, not after Mitt Romney won the state by 16 points in 2012, but it does show how different things are this year. I also found the 2018 polling archive, in which you can actually find one poll with Beto in the lead, and two others where he was tied with Ted Cruz. The final polling average there was Cruz by five, which as we know was an over-estimate. But again, my point here is that things are different this year. Trump is up by less than one point in this year’s 538 average.

As for the Senate race, as you can see Hegar trails Cornyn by nine, though with a significant number of undecideds still out there. She doesn’t do as well as Biden among Democrats (82-6, versus 94-3) or independents (42-40, versus 51-32), and trails among the 35-49 year old crowd while Biden leads with them. I think we’re still in low name recognition territory, with a bit of primary runoff hangover, but it’s another data point to suggest Cornyn may run ahead of Trump. We’ve had mixed evidence on this score, and it’s something I’m watching closely.

Finally, more evidence that Greg Abbott has damaged his standing by his poor handling of the COVID crisis. I think he has a better chance than Trump does of turning that around – not hard, since I think Trump has no chance of doing that – but he’s definitely hurt himself. May all polls going forward include these questions.

Why resign tomorrow when you can do it today?

News item:

After 15 years as a member of the Texas Supreme Court, Republican Justice Paul W. Green said he will retire in August — almost two and a half years before his term was set to end.

“I’m grateful to the people of Texas for electing me to the court three times, and it’s been a great honor and privilege to serve,” Green said in an interview. “It’s been a bittersweet kind of day.”

The San Antonio native is the court’s second in seniority, and Gov. Greg Abbott will choose his successor. All nine members are Republican and serve staggered six-year terms.

Green said that he is retiring early because it feels like the right time and to spend more time with his family.

“Well, I’m 68 years old, and there’s a lot of things I want to do still,” he said.

Green was reelected in 2016, and his term ends December 31, 2022.

There’s nothing unusual about this. Quite a few of our Supreme Court and Court of Criminal Appeals justices were originally appointed, following the resignation of a sitting Justice who still had time left in their term. But timing is everything, and that led the Texas Democratic Party to make an observation:

Today, Texas Supreme Court Justice Paul Green announced his plan to retire from the bench on August 31.

If Green follows through and resigns after August 24, his resignation will fail to trigger a special election, and failed Texas Republican Governor Greg Abbott will be able to choose his successor, who will be locked into a term ending in 2022.

However, if Green resigns immediately, it will allow the people of Texas to vote in a special election for the next justice on the Texas Supreme Court. There is an election coming up in November. With four other Supreme Court seats up in November, the people of Texas should be able to vote on Green’s successor and the entire composition of the court at that time.

The benefit to waiting till after August 24 is clear. Whoever gets appointed will have two full years as an incumbent, which certainly helps with fundraising, and will get to say “Re-elect” on their campaign literature in 2022. Also, if Justice Green were to resign now and open up his seat on the bench this November, that would put five of the nine seats on the ballot, the three that normally would come up plus Jane Bland, appointed earlier to fill an unexpired term for Place 6. This may be a remote concern, but having five seats up for election at once allows for the possibility that partisan control could flip, from 9-0 Republican to 5-4 Democratic. Scoff if you want, but that’s exactly what happened on several appeals courts in 2018, and with the state of the polls right now, it’s hardly out of the question.

You may say, partisan judicial elections are bad, we shouldn’t have the composition of a court flip because of a Presidential race, we need to move towards a merit-appointment-based system for picking judges, blah blah blah. We have this discussion every time Democrats win judicial elections in Texas. All I’m saying is that it Justice Green wants to call it a career, there’s no reason why he couldn’t step down on July 31, or August 15, instead of August 31. His choice of date is as much about partisan considerations as anything, and we should be honest about that.

Dems could possibly win a lot of Congressional races in Texas

It started with this:

You might think wow, that’s a really optimistic take, but after the Tuesday primary runoff, we also got this:

I’d quibble with the categorization of those 2018 contests as “not serious” – all of the candidates raised a decent amount of money that year, and prognosticators had CD10 on their radar by the end of the cycle – but I take his point. And in the replies to that tweet, we got this:

A second Blue Wave in the suburbs?

Well-educated suburban districts, particularly ones that also were diverse, were a major part of the Democrats’ victory in the House in 2018. Democrats captured many formerly Republican districts where Donald Trump performed significantly worse in 2016 than Mitt Romney had in 2012. Democratic victories in and around places like Northern Virginia, Philadelphia, Pittsburgh, Detroit, the Twin Cities, Atlanta, Orange County, CA, parts of New Jersey, and elsewhere came in seats that meet this broad definition.

And then there’s Texas. Democrats picked up two districts there, one in the Dallas/Ft. Worth Metroplex (TX-32) and another in suburban Houston (TX-7). But Democrats put scares into several other Republican incumbents, and the closeness of presidential polling in Texas could lead to unexpected opportunities for Democrats there this November.

Trump has generally led polls of Texas, but many have been close and Biden has on occasion led, like in a Fox News poll released last week that gave him a nominal lead of a single point.

Tellingly, of 18 Texas polls in the RealClearPolitics database matching Biden against Trump dating back to early last year, Trump has never led by more than seven points — in a state he won by nine in 2016. It seems reasonable to assume that Trump is going to do worse in Texas than four years ago, particularly if his currently gloomy numbers in national surveys and state-level polls elsewhere do not improve.

In an average of the most recent polls, Trump leads by two points in Texas. In 2018, Sen. Ted Cruz (R-TX) won reelection over then-Rep. Beto O’Rourke (D, TX-16) by 2.6 points. If Trump were to win Texas by a similar margin this November, the congressional district-level results probably would look a lot like the Cruz-O’Rourke race. Those results are shown in Map 1, courtesy of my colleague J. Miles Coleman.

Map 1: 2018 Texas Senate results by congressional district

Cruz carried 18 districts to O’Rourke’s 16. That includes the 11 districts the Democrats already held in Texas going into the 2018 election, as well as the two additional ones where they beat GOP incumbents (TX-7 and TX-32) and three additional districts that Republicans still hold. Those are TX-23, an open swing seat stretching from San Antonio to El Paso; Rep. Michael McCaul’s (R, TX-10) Austin-to-Houston seat; and TX-24, another open seat in the Dallas-Ft. Worth area.

TX-23 is competitive primarily because it’s two-thirds Hispanic, and it already leans to the Democrats in our ratings. TX-10 and TX-24 better fit the suburban mold: Both have significantly higher levels of four-year college attainment than the national average (particularly TX-24), and Republican incumbents in both seats nearly lost to unheralded Democratic challengers in 2018.

Cruz won the remaining districts, but several of them were close: TX-2, TX-3, TX-6, TX-21, TX-22, TX-25, and TX-31 all voted for Cruz by margins ranging from 0.1 points (TX-21) to 5.1 (TX-25). These districts all have at least average and often significantly higher-than-average levels of four-year college attainment, and they all are racially diverse.

In other words, these districts share some characteristics of those that have moved toward the Democrats recently, even though they remain right of center.

This is all a long preamble to an alarming possibility for Republicans: If Biden were to actually carry Texas, he might carry many or even all of these districts in the process. In a time when ticket-splitting is less common than in previous eras of American politics (though hardly extinct), that could exert some real pressure on Republicans in these districts.

Ted Cruz carried 20 districts to Beto’s 16, a minor quibble. Remember this post in which Mike Hailey of Capitol Inside predicted Dems would flip eight Congressional seats? Not so out there any more.

Look at it this way: Since the start of June, Trump has had exactly one poll, out of eight total, in which he has led Joe Biden by more than two points. The four-point lead he had in that poll is smaller than the five-point lead Biden had in a subsequent poll. In those eight polls, Trump has led in three, Biden has led in three, and the other two were tied. The average of those eight polls is Biden 45.9, Trump 45.6, another data point to suggest that Biden has gotten stronger as we have progressed.

Insert all the usual caveats here: Polls are snapshots in time. It’s still more than 100 days to Election Day. Things can change a lot. No Texas Democrat has won a statewide race since 1994, a losing streak to rival Rice football versus UT. (As it happens, the last time Rice beat UT in football was…1994. Coincidence? I think not.) The polls all said Hillary was gonna win in 2016 and we know how that went, smartass. Fill in your own rationalization as well.

The point here is simply this: If Joe Biden actually wins Texas, it could be really, really ugly for Republicans downballot. Even if Biden falls short, it’s likely going to leave a mark on them as well.

I’ll leave where we started:

Karma, man.

The progressives and the runoffs

May as well check in on this.

Sara Stapleton Barrera

Judging from March, the ideological left wing of the Democratic Party in Texas should be inconsolable.

After months of high hopes, the faction ran into a centrist buzz saw in the March 3 primary. Joe Biden practically locked up the Democratic presidential nomination, and progressive candidates experienced electoral drubbings.

Among the fallen: presidential candidates Bernie Sanders and Elizabeth Warren, congressional candidate Jessica Cisneros, U.S. Senate hopeful Cristina Tzintzún Ramirez, and Audia Jones, a candidate for Harris County District attorney endorsed by Sanders.

But rather than licking their political wounds, leading progressive candidates still in the fight say they’re invigorated — and eager to use the coronavirus pandemic, fights over voting by mail and calls for police reform to score some late victories in the July runoffs.

“Every time we have a progressive run, we get a little bit closer,” said Sara Stapleton-Barrera, who is in a runoff against state Sen. Eddie Lucio Jr., D-Brownsville. “I feel like we’re slowly winning the war, but we have to get through some of these battles first.”

Perhaps the most energy is coming from Austin, where two runoffs have the attention of progressives. José Garza is competing in the nationally watched Democratic primary runoff for Travis County district attorney. Mike Siegel is vying for his party’s nomination in the 10th Congressional District’s Democratic primary runoff.

Garza’s race is where the focus on police reform is arguably the clearest. Even before the death of George Floyd at the hands of Minneapolis police prompted protests nationwide, Garza was challenging incumbent Margaret Moore from the left, arguing she was too harsh in her prosecution of nonviolent offenders. He earned the most votes in March and has promised to bring all police shootings and more police misconduct cases before a grand jury. He has also pledged not to accept campaign contributions from police unions.

Moore, meanwhile, has accused him of being inexperienced with the local criminal justice system and running a campaign focused on national issues instead of local ones.

In the 10th Congressional District, Siegel is running on a platform that includes supporting “Medicare for All” and the Green New Deal. Siegel will face Dr. Pritesh Gandhi, who has cited his medical experience while pitching Medicare Extra, a proposal that does not go as far as Medicare for All and leaves some private insurance in place.

“I think this is the exact moment in history when progressives are in a place to lead, and it’s because the times have caught up the policies we’re fighting for,” Siegel said. “This is the time to run as a progressive. I feel really good not just about my chances, but the movement overall.”

[…]

Another runoff that has drawn the attention of some national progressives is the one for the 24th Congressional District, where Kim Olson and Candace Valenzuela are competing to replace retiring U.S. Rep. Kenny Marchant, R-Coppell. The seat is a national Democratic target.

Valenzuela has endorsements like the Congressional Progressive Caucus and Warren, but the runoff has not as sharply split along ideological lines as much as it has on issues of experience and racial identity. Valenzuela, a former Carrollton-Farmers Branch school board member, and her allies are hammering Olson over her time as human resources director for the Dallas Independent School District. Valenzuela and her supporters are also touting that she would be the first Afro-Latina to serve in Congress. Olson is white.

But the divide might be clearest in South Texas, where the winner of the state Senate runoff between Lucio and Barrera will be the overwhelming favorite to win the seat in November.

I’ve said repeatedly that beating Eddie Lucio in SD27 will do more for progressives than beating Henry Cuellar in CD28 ever could have done, because of the relative sizes of the two legislative bodies and the outsized influence Lucio has in the 12-member (for now) Dem Senate caucus. Lucio is terrible, and I’m delighted that that particular race has finally gotten the attention it needs. I think one reason why maybe it didn’t get as much attention earlier is because Sara Stapleton Barrera isn’t necessarily “the” progressive candidate in that race. If Ruben Cortez had finished second, people would be rallying behind him now. This race is much more about Eddie Lucio, and I’d say it’s only now that we’re down to one candidate against him that the race has been viewed through that lens.

As for CD10, I mostly shrug my shoulders. I think Medicare For All is a fine goal to work towards, but Medicare For Those Who Want To Buy Into It is much more easily achieved in the short term, with far less disruption to the existing system and far less resistance from people whose employer-based (possibly collectively-bargained) plan is just fine for them. If we’re lucky enough to have a Democratic Senate in 2021, I think what can get passed by that Senate is what we’re going to get. Will having more pro-Medicare For All members of Congress affect that outcome? Maybe. It’s hard to say. I like Mike Siegel and would vote to give him a second chance to topple Mike McCaul if I lived in CD10, but I think either Siegel or Pritesh Gandhi will be a fine addition to Congress and a major upgrade over the incumbent. Same in CD24, with Kim Olson and Candace Valenzuela, each a good candidate with different strengths and appeals but no major differences on policy.

The race that definitely has the potential to have a big effect is the Travis County DA race, where the ideological lines are clear and the ability for the upstart to make a difference if they win is great, though not unbound. Please feel free to set a good example for the rest of us, Travis County.

As for whether this is another step in a long march towards more liberal candidates and officeholders, I’d say yes, and that we’ve already been on that march for a long time. Ideological sorting is a thing that has been happening for a few decades now. You can see the effect just in recent years – the Democratic waves of 2006 and 2008 included a lot of candidates whose politics included “fiscal responsibility”, support from the NRA, opposition to same-sex marriage, immigration restrictionism, and a host of other views that were very much not shared with the class of 2018. The Democratic Party is a big tent, which means there will always be room for vicious family fights over various issues. Having some number of Never Trumpers inside that tent will just make it all more exciting. It’s fine, and I’d rather be dynamic than stagnant. And every primary and primary runoff, the main emotion many of us will feel will be “thank prime that’s over, now let’s please get on to the general election”. Same as it ever was.

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.

A bullish take on the State House

From Mike Hailey of Capitol Inside:

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

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

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

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

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

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

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

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

[…]

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

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

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

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

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

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

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.

PPP: Biden 48, Trump 46

And here’s poll number two, which is technically about the Texas Senate race but I’m counting it as a Presidential poll for consistency.

MJ Hegar

Public Policy Polling’s newest Texas survey finds that John Cornyn has basically no profile in Texas. Only 27% of voters have a favorable opinion of him to 34% with an unfavorable one and a 39% plurality don’t have any opinion about him one way or the other. The numbers when it comes to his job approval are similar-29% approve, 33% disapprove, and 38% have no opinion.

Cornyn’s lack of a profile with Texans make him susceptible to the overall political winds in the state, and those are blowing the wrong way for Republicans right now. Only 46% of voters approve of the job Donald Trump is doing to 51% who disapprove, and Joe Biden leads him by 2 points at 48-46.

Cornyn starts out with the lead over likely general election opponent MJ Hegar 42-35. But when you dig into the undecideds (23% of the electorate) for Senate, 59% of them are voting for Biden to only 25% who are voting for Trump. In an era where ticket splitting is less and less of a thing, those people are likely to end up voting the same party for Senate as President. If the undecideds broke that way, Hegar would have the slightest of leads over Cornyn. This is likely to be a highly competitive race.

Our first Hegar-Cornyn poll of 2020 bears a strong resemblance to our first Beto O’Rourke- Ted Cruz poll of 2018. In that poll Cruz lead 45-37, an 8 point lead similar to Cornyn’s starting out point. We pinpointed then that the race might end up close because Cruz had just a 38% favorability rating- and that’s a lot better than the 27% Cornyn starts out with here.

After O’Rourke won the nomination and became better known over the course of the year, he was able to build the race into a tossup. Hegar (who currently has just 34% name recognition) is likely to do the same in the months ahead if she wins the nomination.

PPP surveyed 729 Texas voters on June 24th and 25th on behalf of EMILY’s List. The survey was conducted half by calls to landlines and half by texts to cell phones, and the margin of error is +/-3.6%. Full toplines here.

See here for the other Thursday poll, and here for the poll data. The fact that it was commissioned by Emily’s List answers my question about why they polled MJ Hegar and not also Royce West. This result is pretty consistent with that Fox poll that had Cornyn up on both Dems by ten points, but with a larger share of the “undecided” vote being Dems. If I had to guess, West would probably have done about as well against Cornyn in this poll, as was the case with the Fox poll. It’s clear that the biggest threat to Cornyn is Donald Trump’s sagging fortunes in Texas. The better Biden does, the worse off Cornyn is. Also, too, Trump’s approval rating (46 approve, 51 disapprove) is pretty lousy, and another example of him being stuck at that level in his “vote for” support. Keep keeping an eye on that. Oh, and with these two polls in the books, the average over the ten total polls is Trump 46.3, Biden 44.5, now a bit less than a two-point gap. Carry on.

Three runoff stories

Just a sample from three high-profile and highly-contested Democratic primary runoff races.

TX-SEN: MJ Hegar versus Royce West

MJ Hegar

No two issues have impacted the Texas primary runoffs like the coronavirus pandemic and the protests surrounding George Floyd’s death, but as early voting begins Monday, the latter is looming especially large at the top of the ticket.

In the Democratic runoff to challenge U.S. Sen. John Cornyn, R-Texas, state Sen. Royce West of Dallas is hoping to harness the energy of the moment to pull past MJ Hegar on her seemingly well-paved road to the nomination. The former Air Force helicopter pilot has the backing of the Democratic Senatorial Campaign Committee, but West is increasingly seeking to train his party’s attention on the opportunity his candidacy represents, especially now.

“Democrats have got to decide whether they want to continue to be a victim of history or make history,” West said in an interview. With his election as Texas’ first Black senator, he added, Democrats can go the latter route.

Sen. Royce West

West said the “stars have aligned” for him in the runoff, playing to his profile as not only a Black man but also a seasoned legislator who has focused on criminal justice reform, authoring a 2015 state law that aimed to expand the use of body cameras by police in Texas, for example. And he has taken heart in recent primaries elsewhere, most notably in Kentucky, in which candidates of color have ridden the momentum of growing calls for racial justice.

To be sure, Hegar, who is white, has also increased her focus on issues of race and policing, and on Monday, she is holding a virtual news conference with the family of Javier Ambler, a Black man who died last year in the custody of Williamson County sheriff’s deputes. West and then Hegar called for the resignation of the sheriff, Robert Chody, after the circumstances of Ambler’s death came to light earlier this month.

Asked in an interview how she stacks up against West when it comes to meeting the moment, Hegar reiterated her tight focus on the general election.

“I think that you know me well enough to know that I’m running against John Cornyn,” she said, reciting her contrasts with Cornyn. She did argue her November-focused bid means she is already running a “coordinated campaign that is lifting up” down-ballot candidates, including candidates of color.

It should be noted that since this story was written, Amy McGrath has pulled ahead of Charles Booker in that Kentucky Senate primary. You can make whatever you want of the parallels, but the state of that race has changed since original publication. I’m mostly interested at this point in the candidates’ finance reports. Hegar has consistently been the better fundraiser – and I continue to be a little perplexed how a 26-year incumbent like Royce West has had such a hard time raising money (*) – though she’s not exactly performing at Beto levels. Still, with a Presidential race at the top of the ticket, just having enough to get her name out there is probably enough. Hegar is closer to achieving that level of resources than West is, and there’s more promise of national money for her at this time.

(*) – Yes, I’m aware of the claims made that the DSCC has pressured donors to avoid West. This story notes that the person who made those claims has not provided the names of any such donors, so color me a bit skeptical. Certainly not out of the question that this could have happened, but right now the evidence is thin.

CD24: Kim Olson versus Candace Valenzuela

Democratic voters in North Texas’ 24th Congressional District next month will select the candidate — retired Air Force Col. Kim Olson or former school board member Candace Valenzuela — they want to challenge Republican Beth Van Duyne in one of the fall’s most highly anticipated congressional contests.

The decision between Olson and Valenzuela is punishing for many Democrats who see both women as capable of beating Van Duyne, the former Irving mayor endorsed by President Donald Trump. The ultimate goal, Democrats sandwiched between Dallas and Fort Worth have said all year, is flipping the seat that has been occupied by Rep. Kenny Marchant for eight terms.

Marchant is one of several Texas Republicans retiring from Congress this year as the state becomes more competitive for Democrats. Marchant easily won his seat 16 years ago but beat his Democratic opponent in 2018 by just three percentage points. Local and national Democrats see the seat as theirs for the taking and a key component of keeping their majority in the U.S. House.

“We all feel like we’ve been in a holding pattern and we’re waiting for the choice to be made,” said Angie Hetisimer, a Tarrant County precinct chair and member of Indivisible Grapevine, which works to help elect progressive candidates. “I think for me and most of the people I talk to, we just want 24 to flip. Luckily we have two fantastic candidates.”

Given there is little light between Olson and Valenzuela on policy — both fluctuate between moderate and progressive on different questions but would be reliable votes for the Democratic agenda in Washington — the election is largely framed as a decision between Olson’s extensive résumé and Valenzuela’s biography. Olson was one of America’s first female fighter pilots. If elected, Valenzuela would be the first Afro-Latina member of Congress.

Olson was the first prominent candidate in this race and has been the bigger fundraiser, but Valenzuela has also done well in that department and has run a strong campaign. This is a top target for the DCCC, and in my view is the second-most flippable seat in Texas, following only CD23. If we can’t win this one, especially against a xenophobe like Van Duyne, it’s a big miss. I’m fine with either candidate, I just hope everyone involved is able to move on and keep their eye on the prize after July 14.

CD10: Mike Siegel versus Pritesh Gandhi

Democrats in one of Texas’ most expansive battleground congressional districts are choosing between a civil rights attorney embracing the party’s most liberal proposals and a doctor who argues those policies are too radical.

Mike Siegel, the 2018 nominee in Texas’ 10th Congressional District, finished first in this year’s March Democratic primary — about 11 percentage points ahead of Pritesh Gandhi, a primary care physician making his first run for office. Siegel came about 6 points short of winning the primary outright, pitting him against Gandhi in a runoff.

The winner will face U.S. Rep. Michael McCaul, R-Austin, who has represented the district since 2005. His political territory stretches from Austin to the Houston suburbs, covering all of five counties and parts of four others.

Beyond the ideological skirmish, the primary is also serving as a case study in whether the coronavirus pandemic will boost political candidates who work in the medical field. The virus has supercharged the public’s interest in health care and led to national TV appearances for Gandhi, but also stripped him of valuable campaign time as he works a grueling schedule that includes swabbing patients for COVID-19 and caring for those who exhibit symptoms.

It also has reinforced Gandhi’s pitch for sending more people to Congress who work in the health care field.

“People, I think, understand the importance of having a diversity of professional experience in Washington. And if that wasn’t clear before, it’s increasingly clear now,” Gandhi said. “I think that people, when they get to the voting booth, are going to want a leader who has experience and a track record in science and in health.”

Siegel was the 2018 candidate and he ran a good campaign, though he fell a bit short in a district that Beto carried by a whisker. Gandhi has been the stronger fundraiser – indeed, both Gandhi and third-place finisher Candace Hutchison outraised Siegel through April – but as with CD24, I expect whoever the nominee is to do just fine in this department. I know more people who are supporting Siegel in this one, and I do tend to lean towards giving a competent candidate who did a good job the first time around another shot at it, but as with the other races here I’m fine with either choice. I’m ready to get to the November part of this campaign.

What should Joe Biden do in Texas?

“Win” would be my preferred answer, but it’s more complicated than that.

No matter how frequently it happens, it’s always a bit startling.

Ever since February 2019, polls have been coming out indicating that former Vice President Joe Biden is competitive with — sometimes even leading — President Donald Trump in Texas. A June 3 poll by Quinnipiac University gave Trump a 1-percentage-point lead in the state. A recent FiveThirtyEight roundup of “key battleground state” polls taken since May 1 shows Trump up by an average of 1.5 points here.

And every time a survey is released, the same questions arise: Is 2020 the year deep red Texas flips to the Democrats? Is Republican U.S. Sen. John Cornyn in trouble as well?

But for many in politics, the consideration is slightly different: The state is clearly more competitive. But even if Biden can compete here, how seriously will he choose to?

The answer to that question is more complicated. For Biden and his allied groups, making a run for Texas is no simple task and there are strategic considerations beyond looking at the polls. The most immediate objectives for national Democrats in 2020 are to recapture the White House and Senate majority. And Texas is far from necessary for either.

Recent polls have suggested Biden might hold an even stronger position in other states that Trump won in 2016 — Michigan, Wisconsin, Pennsylvania, Arizona, Florida, North Carolina, Ohio and even Georgia. And because of its vast size, numerous media markets and massive population, Texas is more expensive to compete in. The paths to victory for Biden are so great in number, it’s hard for many political operatives to imagine a scenario where Texas would flip where it would be anything other than icing on the cake in a much broader national victory.

In other words, the cost of seriously trying to win Texas would almost certainly be high, while there’s a decent chance that the reward would ultimately prove inconsequential.

Below the surface, however, the presidential race in Texas still matters — an underperformance by Trump compared to recent history has the potential to reset Texas politics for the next decade. The central question in the political class every time one of these polls is released five months out from Election Day is: What kind of down-ballot damage could Republicans potentially suffer if Biden has coattails?

You know the polling situation; as of the most recent poll, where Biden led Trump by one point, Trump led in Texas by an average of 2.0 points. That’s a smidge less than the Ted Cruz margin of victory over Beto in 2018, and as disappointed as we all were with that result, we saw the effect downballot. I for one would not mind an encore of that kind of performance. What it all comes down to is two competing factors from Biden’s perspective. One is that he doesn’t need to win Texas to take the Presidency. If Texas is truly winnable for him, then he’s pretty much assured to have enough electoral votes to have won. I mean, if Texas is flipping, then surely Arizona and Florida and North Carolina and maybe even Georgia have gone blue, and the rout is on. Texas is an insanely expensive state to compete in, with something like 27 media markets for ad buys. The bang for your buck is much bigger in the old faithfuls like Pennsylvania and Wisconsin. Boring, but no one wants to take anything for granted.

On the other hand, that same downballot effect is a real thing for Biden to consider. There’s a Senate race here, which is likely going to be roughly as competitive as the Presidential race is. It sure would be nice to have another Dem in the Senate, and that makes Texas a twofer for Biden, which isn’t true for Florida or Pennsylvania or Wisconsin. (North Carolina and Arizona and Georgia and Iowa, on the other hand…) Plus, there are multiple Congressional seats available for pickup, one of which offers the chance to defenestrate Ted Cruz minion Chip Roy. Even the battle for the Texas State House is important, as that would give the Dems some leverage in drawing the next Congressional map. One would hope that Joe Biden learned the lesson of 2010 well enough to consider the advantage of flipping the State House here.

So of course I want Biden to compete here, as seriously as possible. I want Dems to win as many races as possible, and I can’t think of anything that would be a bigger psychological blow to the Republicans, both nationally and here, than seeing Texas go Democratic in a Presidential election. It would sure be a hell of a momentum boost headed into 2022, which for us is an even bigger election. (Another advantage for Biden: The possibility of throwing out the single biggest cause of ridiculous anti-Democratic lawsuits, AG Ken Paxton.) If he has to raise more money to afford it, then get on that. I understand the cost/benefit analysis, but I’m not going to claim to be impartial here. You have a real shot here, Joe Biden. Don’t throw it away.

Judges added to felony bail reform lawsuit

This could be a sign that things are about to happen.

All 23 Harris County felony judges have been added as proposed defendants in the lawsuit alleging that the region’s felony bail practices are discriminatory and damaging to poor defendants.

The amended filing came late Friday after a second judge on the court intervened in support of the 2019 civil rights lawsuit arguing that it’s unconstitutional to jail poor people before trial simply because they cannot afford bail. These two judges, Brian Warren and Chuck Silverman, could potentially become both defendants and intervenors.

Several other judges said they looked forward to being formally included in the case in order to make changes to the current protocol.

Lawyers for the indigent people at the jail asked in a motion Friday that nearly two dozen judges be included in the case. They said in court documents that amid rising COVID-19 infections at the jail, the judges have continued to mandate that thousands of arrestees come up with secured money bail without first determining that pretrial detention is necessary or the least-restrictive condition to ensure public safety or cooperation with court hearings.

These judges don’t routinely hold adversarial hearings to allow defendants to make their case about bail and make findings about defendants’ ability to pay bail, the motion said.

Warren, a Democrat who was elected as presiding judge of the 209th Criminal Court, defeating a judge who berated Black Lives Matter, said he supports “intelligent bond reform” in his request to join the case. Silverman, of the 183rd Criminal Court, was accepted as a party in the case Thursday, a day after he filed an unopposed motion to join it.

“The pandemic has brought this into stark relief,” Warren said. He noted that bail has disproportionately affected people of color.

“The implementation of bond reform is a complex issue. It requires well-reasoned and intelligent proposals,” his motion said.

The lawsuit was filed last January, and this is the first real news I’ve heard about it since. The misdemeanor bail reform lawsuit settlement was finalized in November and has been in operation since earlier that year. There are lawsuits in other counties over felony bail practices, such as in Dallas, but so far nothing has come to a courtroom.

A big difference between this lawsuit and the previous one in Harris County over misdemeanor bail practices is that all but one of the judges who were named as defendants in the earlier lawsuit were Republicans, and all but two of them (the one Democrat and one of the Republicans) opposed the plaintiffs’ arguments and refused to settle the suit. It wasn’t until Democrats swept the 2018 election, in part on a message of settling that lawsuit, that it came to its conclusion. In this case, all of the judges are Democrats. As of Friday, when this story was written, at least two of them have expressed a desire to join on the side of the plaintiffs. Brian Warren was mentioned in this story, and on Thursday we got this story about the first judge to speak up, Chuck Silverman.

Saying the bail system “perpetuates inequalities” and can have “devastating” consequences on lives and livelihoods, State District Chuck Silverman of the 183rd Criminal Court filed paperwork Wednesday to intervene in the 2019 federal civil rights lawsuit brought on behalf of poor defendants stuck at the jail. In addition, fellow jurist Brian Warren, of the 209th Criminal Court, said he planned to file his own motion to join the case this week, with hopes of reforming the way judges handle with pretrial release.

Silverman said he thinks the majority of his colleagues on the felony bench want to revise how PR bonds work and “want to make the cash bail system obsolete or to make it work better.”

Like his colleagues on the bench, Silverman, a Democrat elected in 2018, is not a party in the lawsuit. He sought to intervene to ensure equal protection and due process rights are fairly administered, while protecting public safety.

Silverman said in an interview that negotiations on the bail lawsuit had been moving slowly and he learned in his civil practice prior to becoming a judge that the best way to push it forward and accomplish true bail reform was to intervene.

“We need systemic change in the cash bail system because it disproportionately affects minorities and the poor,” he said. “The time to do something proactive was now.”

The unopposed motion argues that cash bail discriminates against people who can’t access funds, often forcing them to settle for guilty pleas rather than await trial in lockup.

Neal Manne, one of the lawyers for the indigent plaintiffs, applauded Silverman’s “courageous” move and encouraged other judges to follow his lead.

“Any state judge looking in good faith at the cash bail situation in the felony courts in Harris County can see that the system is broken and requires reform,” Manne said. “I am delighted that Judge Silverman has acknowledged that the current situation violates the rights of poor people.”

I too would like to see all of the judges join with the plaintiffs to work towards a fair and equitable solution as quickly as possible. The way COVID-19 has burned through all the jails in the state, as well as the ever-increasing jail population, should make this an urgent priority, from a public health standpoint as well as a justice standpoint. I hope that most if not all of the judges will take similar action as Silverman and Warren have done, and I am damn sure that those who don’t will need to account for their actions in the next primary election. We know what is right, and we know what needs to be done. There’s plenty of room to negotiate the details and particulars, but the goal is clear and we need to get there. Let’s make this happen.

Fox: Biden 45, Trump 44

Man, if we keep getting polls that show Joe Biden leading in Texas, we just might have to rethink where this state is politically.

Texas is a tossup, as Democrat Joe Biden tops President Donald Trump by a percentage point, 45-44 percent, in a new Fox News survey of Texas registered voters.

Ten percent are up for grabs, and this small subgroup of voters is more likely to disapprove than approve of Trump’s job performance by 52-34 percent.

The good news for Trump: he bests Biden by 51-45 percent among those “extremely” motivated to vote in the election.

Trump corralled the Lone Star State by 9 points in 2016 (52 percent vs. Hillary Clinton’s 43 percent), and it has been in the Republican column in every presidential election since 1980.

Texas voters trust Trump over Biden on the economy (by 14 points) and immigration (+4), while they think Biden would do a better job on race relations (+10 points) and coronavirus (+3).

There’s a 24-point gender gap on the head-to-head matchup, as men pick Trump by 12 points and women go for Biden by 12.

Trump is preferred by Baby Boomers (+12 points) and Gen Xers (+7), while Millennials go big for Biden (+29).

[…]

Republican Sen. John Cornyn leads both of his potential Democratic candidates in hypothetical matchups, although he garners less than the 62 percent he received in his 2014 reelection.

MJ Hegar and Royce West were the top two finishers in the March 3 Democratic primary. Neither received a majority of the vote so there is a July 14 runoff.

The three-term incumbent leads both Hegar and West by a 10-point margin. About one in six voters is undecided/uncommitted in each matchup.

You can see the full poll data here. Yes, I know, Fox News, but their Presidential polls are well-regarded, with an A- rating on FiveThirtyEight. This is now the fourth poll out of eight since the March primary in which Biden has been tied (two results) or in the lead (two results), which is not too shabby. In the four polls where Biden has trailed, he’s trailed by one, two, five, and six. The polling average now stands at 46.5 for Trump to 44.5 for Biden. I know every time I see G. Elliott Morris or Nate Cohn or Nate Silver post something on Twitter about how well Biden is polling right now, someone always comes along with a (not accurate) claim about how Hillary Clinton was polling just as well at this point in 2016. Well, you can see the poll results I have from 2016 on my sidebar. Hillary Clinton was not polling this well in Texas in 2016, not in June, not at any point.

As for the Senate race, the main difference between how John Cornyn is doing against MJ Hegar and Royce West and how Trump is doing against Biden is that Hegar and West do not have quite the same level of Democratic support as Biden does. Cornyn gets 86% of Republican support versus each candidate (the crosstabs break it down by gender as well as party), which is right there with Trump’s 87-88%, but Hegar (80% Dem men, 74% Dem women) and West (85% Dem men, 75% Dem women) lag well behind Biden, who is at 91-92%. Most of the undecided vote in the Senate race is Democratic, which strongly suggests both Hegar and West are doing a bit better than this poll suggests. I’d expect whoever wins the runoff to get a boost, and we’ll start to see poll numbers in the Senate race more closely match the Presidential race. It won’t surprise me if Cornyn outperforms Trump by a bit. Which is to say, it won’t surprise me if there are still a few Republicans who don’t vote for Trump but do generally vote R otherwise. My takeaway from the 2018 election is that most of those Republicans went much more Democratic in the midterm, and I expect the same this year. There’s still a bit of softness on the GOP side for Trump, and who knows, if things continue to deteriorate we could see more of that. I’m sure there will be plenty more polls between now and November to support or refute that hypothesis.

PPP/PT: Trump 48, Biden 46

Time for another poll.

Today, Progress Texas released statewide Texas voter poll results, showing Democrats are within striking distance in both the Presidential and U.S. Senate races in Texas.

What does this mean? Texas voters are fed up with Texas Republicans’ lack of action on the COVID-19 health care crisis, mass unemployment, and systemic racism that communities face every day. Now is the time to organize, continue to rally for change, and vote.

Key takeaways

Joe Biden comes within 2 points of Donald Trump with 46%.

In the poll, Texas voters were asked who they would vote for in the Presidential race this fall. Joe Biden came within the margin of error against Donald Trump with 46/48, respectively. A small percentage of voters (6%) were unsure.

45% of Texas voters would vote for the Democratic candidate in the U.S. Senate election.

The generic ballot for the U.S. Senate race (if a Texas voter were to vote today) is Republican 47% and Democratic 45%, also within the poll’s margin of error, and supports previous polls showing that a majority of Texans either don’t know or don’t like Republican John Cornyn.

As an additional frame of reference, then-Senate candidate Beto O’Rourke was polling 5 points behind in June of 2018 and went on to lose by 2 points. Texas Democrats are currently ahead of their 2018 pace.

Only 48% of Texas voters approve of Donald Trump’s job performance.

Donald Trump’s approval/disapproval rating amongst polled Texas voters is 48/46. Nationally, a slim percentage of Americans approve of Trump amidst his responses to the COVID-19 pandemic. His approval nationally now stands at 41%, similar to the 39% approval rating he received the last time the question was asked in a poll two weeks ago.

Poll data is here. There was a different PPP poll done less than three weeks ago for the TDP, which had the race tied at 48. These results aren’t all that different, and the polling average now stands at Trump 46.9 to Biden 44.4, with seven polls counted. The approval number is also of interest, and I have a separate post in the works to discuss that aspect of the polls we have so far.

As for the Senate numbers, it’s just a generic R versus D result. Nice to see a generic D get polled at 45%, but I would not make any direct comparisons to 2018 polling at this time. When we have a nominee and can do “Cornyn versus MJ” or “Cornyn versus Royce” questions, then we can see how they stack up to Beto and Ted.

Runoff reminder: County races

Previously: Statewide, Congress, SBOE and State Senate, State House.

There were a ton of contested county race primaries in Harris County, with all of the countywide offices except one HCDE position featuring at least three candidates. When the dust settled, however, there wree only a few races still ongoing, with one on Commissioners Court and one Constable race being the ones of greatest interest. Fort Bend County saw a lot of action as well, with two countywide races plus one Commissioners Court race going into overtime. Here’s a review of the races of interest.

Harris County – Commissioners Court, Precinct 3

This is the open seat left by long-tenured Steve Radack, which has always been a Republican stronghold but which has trended Democratic in recent years. Beto of course carried Precinct 3, by four points, after Hillary Clinton came close to winning it in 2016. Other statewide candidates (Mike Collier, Justin Nelson, Kim Olson) also won Precinct 3, though the Democratic countywide candidates from 2018 all fell short. It’s there for the taking, but it can’t be taken for granted. The top candidates to emerge from the large field of Democratic hopefuls were Diana Martinez Alexander and Michael Moore. Moore was the bigger fundraiser as of January – we’ll see soon how the current finance period has gone; Alexander’s January filing came in later, after I had published that post. Alexander is a grassroots favorite who has been super busy on Facebook, while Moore has the endorsements of incumbent Commissioners Adrian Garcia and Rodney Ellis, as well as the endorsement of the Chronicle. You can see other Democratic group endorsements on the invaluable Erik Manning spreadsheet. They participated in the first 2020 Democratic Candidates Facebook Debates here. My interview with Diana Alexander is here, and my interview with Michael Moore is here.

Harris County – Constable, Precinct 2

This is the race with the problematic incumbent and Not That Jerry Garcia. The thing you need to know is that in the end, the incumbent, Chris Diaz, was forced into a runoff against the good Jerry Garcia, who was listed on the primary ballot as “Jerry Garca (Harris County Lieutenant)”. Garcia led the way with 39% to Diaz’s 33%. If you live in Constable Precinct 2, please vote for Jerry Garcia in the runoff.

Harris County – Other runoffs

Justice of the Peace, Precinct 5, Place 1: Israel Garcia (48.1%) versus Roel Garcia (30.5%)

Constable, Precinct 3: Sherman Eagleton (incumbent, 47.5%) versus Ken Jones (16.1%)

Constable, Precinct 5: Randy Newman, who doesn’t appear to have a Facebook page (43.4%) versus Mark Alan Harrison (34.3%).

I confess, I know little about these race. Look at the Erik Manning spreadsheet to see who got what endorsements. Based on available information, I’d lean towards Eagleton, Israel Garcia, and Harrison, but please do your own research as well.

Those of you with keen eyes may have noticed there are two other unsettled Harris County races to discuss. Both of these will be decided by the precinct chairs in August. I’ll discuss them in a separate post.

Fort Bend County

County Attorney: Bridgette Smith-Lawson (45.2%) versus Sonia Rash (37.8%)
Sheriff: Geneane Hughes (35.2%) versus Eric Fagan (35.1%)
Commissioners Court, Precinct 1: Jennifer Cantu (41.8%) versus Lynette Reddix (25.6%)

The Sheriff candidates are seeking to replace incumbent Troy Nehls, currently in a nasty runoff for CD22. Nehls has not resigned from his position for reasons unknown to me. I presume he’ll do so if he clinches that nomination, but who knows what he’ll do if he doesn’t. Nehls is awful, either of these candidates would be a big upgrade. County Attorney (and also Tax Assessor) is an open seat whose incumbent has in fact announced his retirement. Commissioners Court Precinct 1 is a race against a first-term incumbent who had ousted Democrat Richard Morrison in 2016. I wrote about all the Fort Bend County races here, and unfortunately don’t have anything to add to that. I’d love to hear from someone who has a strong opinion in these races.

Travis County – District Attorney

Jose Garza (44.3%) versus Margaret Moore (incumbent, 41.1%)

As a bonus, this is the highest profile county race runoff. First term incumbent Margaret Moore faces former public defender Jose Garza in a race that will have national attention for its focus on police reform, with a side order of how sexual assault cases are handled thrown in. Garza has an impressive list of national endorsements, including Elizabeth Warren, Bernie Sanders, and more recently Julian Castro. Austin has been one of the hotter spots for police violence, so this is a race that could have a big effect on how the reform movement moves forward.

Hope this has been useful for you. I’ll have a brief look at the judicial runoffs next to wrap this up.

Runoff reminder: State House

Previously: Statewide, Congress, SBOE and State Senate.

There are seven Democratic primary runoffs for State House districts. Let’s have a look at what we’ve got.

HD26

Located in Fort Bend County, HD26 is an open seat now held by Rep. Rick Miller, who dropped out of his contested primary after some racist remarks he’d made were publicized. Sarah DeMerchant, the Dem candidate in 2016 (42.1% of the vote) and 2018 (47.6%) faces off against first-time candidate Dr. Suleman Lalani. Lalani led in March 31.7%, DeMerchant had 29.6%. I do not know if either of the other two candidates from March have endorsed in the runoff. HD26 is a prime target for Dems, one of the nine districts carried by Beto won by Republicans last time around. My primary interview with Sarah DeMerchant is here, and my primary interview with Lalani is here. A brief Q&A with all of the primary candidates from a local paper is here.

(UPDATE: Since I first drafted this, Rish Oberoi has endorsed Suleman Lalani.)

HD67

Moving up to Collin County, this is one of two near-misses for Dems from 2018, where Sarah Depew took 48.8%. (Sarah Hirsch, who got 49.7% in 2018, is back for another crack at HD66.) Four new candidates lined up for this race, with Tom Adair (32.9%) and Lorenzo Sanchez (27.0%) ending as the top two. Adair was endorsed by the DMN in March, and is quoted in this story from the Plano Against Police Brutality march in early June. Sanchez has been endorsed by Latino Victory Fund and also by former Senate candidate Cristina Tzintzun Ramirez. Both appear to have been quite active at recent protests and rallies, going by their respective Facebook pages.

HD100

This is an open Democratic seat, vacated by Eric Johnson, who is now the Mayor of Dallas. Lorraine Birabil won the special election to fill out the remainder of Johnson’s term, so she is the incumbent, though she has not participated in a legislative session yet. (There’s another race like this later, as you may know.) She led the field of six with 29.3%, followed by Jasmine Crockett at 25.9%. The Lone Star Project recently sent out an email touting Rep. Birabil’s accomplishments in her short time in office – she has called for a special session to address police violence and has vowed to file legislation on the topic. Crockett for her part has been representing protesters and co-filing lawsuits on behalf of people injured by rubber bullets. Rep. Birabil is an Annie’s List-endorsed candidate.

HD119

Also an open Democratic seat, now held by Rep. Roland Gutierrez, who as we know is running for SD19 and is in a primary runoff there. Elizabeth “Liz” Campos (whose website was offline when I drafted this) and Jennifer Ramos were the top two contenders, with 46.1% and 43.8% in March, respectively. Ramos was endorsed by the Express-News in March, and was also endorsed by Latino Victory Fund. I don’t have much else to tell you about this race.

HD138

Our last three races are all in Harris County. HD138 is the only one currently held by a Republican, and it is another Beto-carried top target, which fell short of flipping in 2018 by a handful of votes. Akilah Bacy led the way in the primary with 46.8%, followed by Jenifer Rene Pool with 29.2%. (Google still does not show a campaign webpage for Pool when I search for her.) Bacy was endorsed by the Chronicle in March, by 2018 candidate Adam Milasincic before that, and is on the Annie’s List slate. My interview with Akilah Bacy is here, and with Jenifer Pool is here.

HD142

Remember this one? Longtime Rep. Harold Dutton, forced into a runoff against still-serving-on-City-Council-in-District-B-because-we-can’t-get-a-damned-runoff-scheduled-there Jerry Davis? The race with the mystery candidate that other State Reps want investigated? That investigation is ongoing, I’ve not heard anything since then. Yeah, I don’t know what I can add to this.

HD148

Last but not least, the other district in which a special election winner is trying to be the official November candidate. Anna Eastman won the special election and runoff to fill out the remainder of Jessica Farrar’s term. She took 41.6% in the field of five in March. Penny Shaw, who was a 2018 candidate for County Commissioner in Precinct 4 and who finished sixth in the 13-candidate special election, took 22.1% in March. Eastman was endorsed by the Chron in both the special election and the primary. She has been touting vote by mail for the runoff, and along with Rep. Jarvis Johnson and Sen. John Whitmire has promised to introduce legislation making it easier for homeowners associations to change deed restrictions to easily allow old racist language to be removed. Shaw was endorsed by Farrar for the primary, and has the larger share of organizational endorsements. I interviewed both for the special election – my conversation with Rep. Eastman is here, and with Shaw is here. Both also participated in a forum held by the 2020 Democratic Candidates Debates group on Facebook, and you can see that here.

That covers most of the races of interest. I will do an update on the Commissioners Court Precinct 3 runoff, and I will remind everyone who’s running in the judicial races. Let me know what you think.

Runoff reminder: SBOE and State Senate

Previously: Statewide and Congress.

SBOE

Michelle Palmer

Michelle Palmer was the leading candidate in the SBOE6 race, the only SBOE primary to go to a runoff, with 46.8% of the vote. Palmer has the backing of the Victory Fund, which supports LGBTQ candidates around the country, and she was the candidate endorsed by the Houston Chronicle for the March primary. She has the co-endorsement of the Gulf Coast Area Labor Federation, AFL-CIO. She’s a very active presence on Facebook, in all of the various Democratic organizing groups. My interview with Michelle Palmer from the primary is here.

Kimberly McLeod

Kimberley McLeod was second in the March primary, with 34.6% of the vote. She recently took a new job as a Dean at Texas A&M University-Commerce. As you might imagine, there’s not a lot of news out there about the SBOE6 primary runoff, but in doing my googling I came across this article in Houston Style Magazine written by her entitled “What If We Treated School Bias & Inequity Like a Virus?” As noted above, she was also co-endorsed by the Gulf Coast Area Labor Federation, AFL-CIO. My interview with Kimberley McLeod from the primary is here.

Both candidates participated in a debate moderated by the 2020 Democratic Candidate Debates group, and you can see video of that here. SBOE6 was one of three such districts carried by Beto in 2018, and is the second-most likely SBOE district to flip. Taking all three would give Dems an 8-7 advantage on the Board.

State Senate

Rep. Roland Gutierrez

There are two State Senate primary runoffs, and they are both very important in different ways. SD19 is the district formerly held by Carlos Uresti, which was won by Republican Pete Flores in an embarrassing special election victory in 2018, which softened the blow they suffered later that year when Dems flipped two seats. Back for another try is State Rep. Roland Gutierrez, who finished third in that 2018 special election. Unlike that year, Gutierrez had to give up his long-held State House seat in HD119 to make this run for the Senate. Rep. Gutierrez was endorsed by the Express Newsfighting to legalize cannabis while in the House. Like all candidates in this weird cycle, he’s been campaigning virtually. He recently participated in a NAACP Collaboration Town Hall on police reform.

Xochil Peña Rodriguez

Rep. Gutierrez is the more experienced candidate in the runoff, but he was not the leading votegetter in March. That honor belongs to Xochil Peña Rodriguez, who got 43.9% of the vote to Gutierrez’s 37.8%. She’s a first-time candidate, but she’s hardly new to politics, as she is the daughter of former Congressman Ciro Rodriguez. The elder Rodriguez is now a Justice of the Peace in Bexar County, which may be a blessing and a curse since JP Rodriguez has now twice been accused of violating state judicial canon by campaigning for her in his official capacity. Be that as it may, you can hear Xochil Peña Rodriguez speak for herself in a conversation with a friend who is an emergency nurse back in Texas after working in New York City during the COVID-19 crisis here.

SD19 is the one State Senate race to watch in November, as it’s by far the most likely to flip. It’s consistently around a 53-55% Dem district, with Beto getting over 56% in 2018; even Lupe Valdez cracked 50% there. Taking SD19 would make the partisan balance 19R to 13D, which would then force Dan Patrick to abandon the 3/5 rule and go full-on majority-rules in the State Senate. That’s a move that will benefit Patrick and the Republicans in the short term, but will redound to Democratic benefit the day after Dems are finally able to win a sixteenth seat in that body. Expect there to be a lot of money spent in this district.

Sara Stapleton-Barrera

While SD19 is the race most likely to affect the partisan balance in the State Senate, there’s another race that can definitely affect the composition of the Senate. Longtime anti-choice and anti-LGBT Senator Eddie Lucio faced the first real challenge he’s had in a long time in SD27, and though he was over fifty percent for much of the night he eventually slipped down to 49.8%. As such, he will face Sara Stapleton-Barrera, who finished second with 35.6%, in July. Because the opportunity to upgrade from Eddie Lucio is so enticing, Stapleton-Barrera has racked up a bunch of endorsements from progressive groups, including the Texas Equity PAC, the political arm of Equality Texas; the Human Rights Campaign; the Texas AFT, and Progress Texas. (Both Stapleton-Barrera and Xochil Peña Rodriguez have also been endorsed by Annie’s List.) Sen. Lucio, on the other hand, is being backed by the Koch Brothers PAC. Need I say more? Back when everyone was getting excited about Jessica Cisneros’ challenge to Rep. Henry Cuellar, I said multiple times that swapping out a bad member of the State Senate for a better one has way more potential for good than the same swap in Congress, just by the numbers – remember, the Senator in SD27 will be one of 12 or 13 total Dems, barring something unexpected. It’s way past time for Eddie Lucio to go. Sara Stapleton-Barrera is the vehicle to get him out of there.

Next time: A look at the State Rep runoffs.

That’s a lot of mail ballots

The new County Clerk isn’t messing around.

Harris County this week sent mail ballot applications for the July primary runoff to every voter 65 and older, interim County Clerk Christopher Hollins announced.

The move comes as Harris County is preparing for a significant expansion of mail voting during the novel coronavirus pandemic as some residents are wary of voting at potentially crowded polling sites.

Hollins, who started Monday after being appointed to replace former clerk Diane Trautman, said he wants to provide a safe avenue for voting amid the pandemic. Hollins sent applications to 376,840 voters, about 16 percent of the voter roll.

“Our goal is to keep our voters 65 and up safe amid the current health crisis by giving them the opportunity to vote from home,” Hollins said in a statement Thursday.

This is the first time the clerk’s office has sent mail ballot applications to voters. unsolicited. Previously, voters had to request one on their own. The mailer cost $210,000, Hollins spokeswoman Rosio Torres-Segura said.

You can see a copy of the Clerk’s statement here. There’s a prissy quote in the story from Paul Bettencourt, who Does Not Approve of spending money to make it easier for people to vote. That’s really what this is. That $200K is small potatoes compared to the $12 million the Clerk’s office was allocated for November election prep. At the very least, we’ll get some idea of who has an undeliverable address, who wound up voting that likely wouldn’t have otherwise, and just how hard it is to pull something like this off. That’s a useful thing to know for November, when the pressure will be much higher.

To me, if there’s any objection in sending a mail ballot to every over-65 person in the county, it’s that you can’t do something similar for everyone else. This highlights the age discrimination aspect of Texas’ absentee ballot law. The point of voting by mail is that it’s a convenience. It makes voting easier. Not everyone will want or need to use it – like I said, I plan to vote in person in July and (barring anything unforeseen at this point) in November as well. I like voting in person, and I believe I can do it in a fairly low-risk manner, based on time and location. There are legitimate concerns about voting by mail as an entire replacement for in person voting, and doing a mass change like this without a ton of prep work is extremely risky. But there were around 100K mail ballots returned in both the 2016 and 2018 elections, so going from that to sending out 376K ballots isn’t much of a stretch. This is about making it easier for people to vote. The objections should be seen in that light.

Runoff reminder: Congress

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

CD03

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

CD10

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

CD24

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

CD31

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

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