Off the Kuff Rotating Header Image

Harris County

Bail reform plaintiffs want Paxton booted from case

I for one am a fan of kicking out Ken Paxton in any context.

Best mugshot ever

In a strategic move that could speed up their case against Harris County, the plaintiffs challenging felony bail practices are hoping to kick two dozen players out of the game — 23 judges and Republican Attorney General Ken Paxton, who represents most of them in the landmark suit.

These judges who dole out bail rulings on a daily basis to people accused of crime would become third parties. They would no longer go toe-to-toe with indigent defendants who sued in a civil rights case saying courts offer a vastly different outcomes to people arrested depending on how much money they have in their pocket.

The motion filed Wednesday asks Lee H. Rosenthal, the chief judge of the Southern District of Texas, to dismiss the felony judges as parties from the 2019 lawsuit. Should the judge grant it, the remaining defendants in the case would be the county and its sheriff. The majority in county government are in sync with bail reform and the sheriff’s office is headed by Ed Gonzalez, who has said that setting arbitrarily high bail rates doesn’t protect the public.

Paxton has been an impediment to progress, said Neal Manne, a pro bono lawyer from Susman Godfrey LLP, who is among the lead counsel behind twin bail challenges, to misdemeanor and felony bail.

“The county and the sheriff are actually operating in good faith and would like to figure out a solution to a terrible problem. The attorney general is not acting in good faith, he just wants to find ways to disrupt and disrupt and prevent any reform from happening.”

[…]

The idea of removing the judges from the case stems from a ruling by the 5th U.S. Circuit Court of Appeals in a case that took on Dallas County’s bail system. The appellate court determined that sovereign immunity protected the Dallas judges from being sued over their bail practices. The 5th Circuit ruling said the sheriff is the key party to sue to obtain relief for people who are being detained unconstitutionally due to unaffordable bail.

See here for the previous update. The theory, as espoused by Judge Chuck Silverman, who is not represented by Paxton and agrees with the plaintiffs, is that this would thin the herd in the courtroom, which in turn might make it easier to come to a settlement agreement. It might also put some of the judges who are currently being represented by the AG’s office on the spot, and I’m fine with that.

More bike riders, more bike fatalities

We should try to do something about this.

The COVID pandemic sparked a surge in bike sales and bike riding across the Houston region at a time when pedaling — and driving — area streets is deadlier than ever.

A sharp drop in driving could not stop road fatalities from reaching a record high based on data compiled by the Texas Department of Transportation.

That lack of safety was especially true in 2020 for bicyclists, who represent a fractional number of road users but 5 percent of those killed. Last year 31 men and three women died on area roads. The annual total of 34 exceeds that of 2019, which also was a record at 27 for the region in a single year.

Based on a preliminary analysis — reports can take weeks to enter the state’s crash database maintained by TxDOT — crashes involving bicycles are down 15 percent while deaths are up 26 percent from 2019.

Safety researchers and cycling advocates, however, were reluctant to draw too many conclusions from the early numbers or begin laying blame for the jump on any single cause. In fact, where crashes occurred and who died does not align with the noticeable increase in recreational cycling but, rather, the same factors present before the pandemic: a lack of safe space for bicycles, inadequate or absent lighting, and street design choices that enable drivers to speed.

“These aren’t accidents,” said Joe Cutrufo, executive director of BikeHouston, a local advocacy group. “Our streets were intentionally designed to accommodate one mode, and only one mode.”

[…]

Yet, despite bicycle use for recreation and commuting being higher in neighborhoods within and around Loop 610, that is not where fatalities are happening. Deaths of bicyclists within Loop 610 dropped from seven in 2019 to one last year.

Instead, it is suburban areas where crashes are happening in larger numbers, such as in Houston along U.S. 90 and major streets nearby within the Sam Houston Tollway and along FM 1960 near Bush Intercontinental Airport, which were not built with bicycles in mind.

The number of fatalities always has fallen off the farther from central Houston one gets, but this year some suburban counties logged increases, notably in Brazoria County where five bicyclists lost their lives in 2020. The county’s previous high was three in 2011.

[…]

Last year’s rise in bicyclist deaths mirrors the increase in overall road deaths despite the pandemic-induced economic slowdown that has resulted in fewer vehicles on freeways and streets.

In the 11-county Houston area, 710 roadway deaths were reported by police in 2020, with almost 60 percent being drivers or passengers in cars and trucks. Despite efforts at the state, regional and local levels to curtail crashes and a pandemic that at times cut vehicle use in half, wrecks continued to claim more lives, including a record 482 in Harris County and 263 in Houston.

The conclusion of researchers — who caution that 2020 information is preliminary — is that fewer miles of automotive travel is leading to fewer wrecks, but the resulting collisions and catastrophes occurring are more severe. As a result, few can say roads are any safer.

The connection between less traffic (due to the pandemic) and more traffic deaths was noted months ago, and seems to be the result of people driving faster on those less-congested streets. For obvious reasons, that will be especially deadly for bike riders. There’s a chart embedded in the story that shows 2020 was the highest traffic fatality year since at least 2011 in the Houston area, which I believe in this case is the 11-county H-GAC region. There’s a lot that can be done about this, and a lot that needs to be done, including more roads built for safety over speed, more bike lanes, more and better sidewalks, and just more drivers being aware of bikes and pedestrians. We can make a difference, but we have to want to.

Our petty Governor

Sheesh.

Gov. Greg Abbott met with hospital executives in Houston on Tuesday to discuss the state’s coronavirus vaccine rollout, while appearing to snub city and county officials who are overseeing a bulk of the distribution.

The Republican governor said the county, and specifically Houston Methodist Hospital, is leading the state in vaccinations, with more than 250,000 doses administered through the weekend. Dallas County is second for the most shots given, he said.

“Houston Methodist has helped Texas become a national model for the vaccination program,” Abbott said, following a closed-door meeting with executives at the hospital.

[…]

In a tweet over the weekend, Houston Mayor Sylvester Turner said city and county health officials had not been invited to participate in the governor’s meeting.

“Any roundtable conversation in Houston about vaccine distribution in Houston, Harris County region should include diverse representation to ensure there is equitable vaccine distribution to at risk, vulnerable communities,” Turner wrote.

Abbott has been repeatedly at odds with Democratic municipal leaders including Turner and County Judge Lina Hidalgo, who have asked for stricter emergency restrictions to slow the spread of the pandemic. The state has recorded more than 32,000 coronavirus deaths since March, and remains in the midst of a massive second surge.

The city and county are currently receiving about 17,000 vaccine doses each week, combined.

Asked about why municipal health leaders were excluded from the discussion, Abbott said state agencies are in “constant communication with local officials, and that process will continue.”

Abbott’s gonna Abbott. Remember how back at the beginning of the pandemic he was happy to let Mayors and County Judges lead when they were doing the hard and unpopular work, and then later he just cut them completely out of everything once he caught some heat from the wingnut faction over masks and quarantines? It’s who he is and what he is, and we shouldn’t be surprised. No wonder Mayor Turner is asking for more direct control of vaccine doses.

Some good local environmental news

Good news for Houston, in particular Sunnyside.

The old landfill in Sunnyside sat closed for 50 years, an enduring reminder of the city’s choice to dump and burn its trash in the historically Black community.

On Wednesday, Houston City Council members took a step toward re-purposing it, voting unanimously to lease the neglected site for $1 a year to a group intending to build a solar farm on it.

Research has shown that solar farms depress home values. But as Mayor Sylvester Turner saw it, the plan offered a chance to take property dragging down a community and re-imagine it for the better.

“A plus for Sunnyside becomes a plus for the city as a whole,” he said.

Charles Cave, a nearby resident involved in shepherding the project, told council members on Tuesday that addressing the property that had become a dangerous eyesore was “well overdue.”

The council will vote later on a specific development plan, but its decision Wednesday marked an important step for those involved, who say they want to see the land change from blight to a showpiece.

The agreement allows companies behind the effort to seek approval from the state environmental agency and power grid managers to build on and sell energy from the 240-acre spot. It covers at least 20 years of operation, with construction slated for 2022.

I’ll have to go read that story about solar farms not being great for home values, but it’s hard to imagine one being worse for them than a former landfill. Good for the city, and good for Sunnyside.

Also good:

When Adrian Garcia was Harris County sheriff, he wanted to rethink what kind of energy the jail used. Could the building have solar panels? Backup batteries? County leaders then didn’t embrace the idea, he said.

Now a county commissioner, Garcia doesn’t want to miss his chance to help push the county toward directly buying renewable energy such as wind and solar, a potentially significant shift in the so-called energy capital of the world.

“For me,” the first-term Democrat said, “it just makes sense.”

His fellow commissioners unanimously agreed to reconsider how they will purchase power starting in 2023. What direction they’ll take is up for debate. A county working group is looking at options, and commissioners decided to seek a consultant’s help.

[…]

County leaders don’t know yet exactly how they will change their power contract beyond RECs, but they want to be trendsetters, Commissioner Rodney Ellis said. He expects that the commissioners court will come up with a strategy for buying renewables, especially with interest growing at the federal level.

Still, Ellis considers the opportunity part of what needs to be a larger approach. He has proposed the county look into drawing up a climate action plan, as the city of Houston has done, rather than pursue initiatives one-by-one.

“I think we have a responsibility in the energy capital of the world to be proactive,” he said. “Those problems with climate change don’t just vanish; they don’t disappear on their own.”

Their purchasing power matters: Big buyers such as local governments, school districts and retail store chains helped the renewable energy industry grow, said Pat Wood III, CEO of Hunt Energy Network and former chairman of the Public Utility Commission of Texas.

“It’s a vote of confidence for a new industry in Texas that’s homegrown,” Wood said. “To me, I’m a fan. It’s just as Texan as oil and gas.”

RECs are “renewable energy certificates”. As the story notes, the city of Houston already has a solar energy deal, so Harris County is just catching up. Better late than never.

More vaccination hubs

Keep ’em coming.

State health officials Saturday announced 79 hub providers that are expected to receive allotments of COVID-19 vaccines this week, including newly designated hubs in some suburbs of Houston.

The hub providers include two in Galveston County, one each in Fort Bend County, Montgomery County and Liberty County and six in Harris County, according to a list of the hubs that are intended to focus on mass vaccination efforts. Officials plan to distribute 333,650 first doses of COVID-19 vaccines to 260 providers across the state. Additionally, the state will order about 500,000 doses expected to be the second ones for people who received their first shot a few weeks ago.

Earlier this month, the Houston region’s three hubs were all in Harris County, making officials in some surrounding counties fear they’d been forgotten. The Texas Department of State Health Services previously said more hubs were likely to be added but that the main obstacle was a short supply of vaccines.

“In the past week, Texas became the first state to administer 1 million doses of vaccine, and vaccine has been administered to residents of all 254 counties,” state health officials said in announcing the allocation breakdown of the week’s doses. “Vaccine remains limited based on the capacity of the manufacturers to produce it, so it will take time for Texas to receive enough vaccine for all the people in the priority populations who want to be vaccinated.”

The vaccine first arrived in Texas on December 14, so that million doses was administered over about five weeks, or less than 30K per day. Things have surely picked up since the first few days, with the emergence of hubs. We’re still working to get to that 50K per day minimum target, which as we have discussed is still a 20-month time frame. Getting the rate higher than that is going to depend on the federal supply, which was very much over-promised and under-delivered by the Trump administration. But today is a new day, and now we have a new President, and things should be looking up soon. Let’s all hope so.

Precinct analysis: County Clerk 2020 and 2018

Introduction
Congressional districts
State Rep districts
Commissioners Court/JP precincts
Comparing 2012 and 2016
Statewide judicial
Other jurisdictions
Appellate courts, Part 1
Appellate courts, Part 2
Judicial averages
Other cities
District Attorney
County Attorney
Sheriff
Tax Assessor

We weren’t supposed to have a County Clerk race on the ballot in 2020, but we did following the health-related resignation of Diane Trautman in May. That gave us a battle of Stan Stanart, former County Clerk whom Trautman had deposed in 2018, and Teneshia Hudspeth, former chief elections person under Stanart. Hudspeth won easily, and though her 835K total votes were on the lower end for Democratic countywide candidates, her 53.76% of the vote was pretty close to Trautman’s 54.60% from two years before. The 2018 election was a non-Presidential year, with record turnout for such a contest, and the 2018 Clerk race also featured a Libertarian candidate, so comparisons are a bit tricky. My advice is to look at Hudspeth’s percentages compared to Trautman’s. Here’s the 2020 race:


Dist  Stanart Hudspeth Stanart% Hudspeth%
=========================================
CD02  181,707  151,509   54.53%    45.47%
CD07  153,335  147,437   50.98%    49.02%
CD08   26,037   14,710   63.90%    36.10%
CD09   37,941  119,087   24.16%    75.84%
CD10  103,442   58,506   63.87%    36.13%
CD18   60,497  178,172   25.35%    74.65%
CD22   22,018   19,747   52.72%    47.28%
CD29   50,483   99,634   33.63%    66.37%
CD36   83,484   47,160   63.90%    36.10%
				
SBOE4 108,536  332,265   24.62%    75.38%
SBOE6 389,609  343,285   53.16%    46.84%
SBOE8 220,799  160,413   57.92%    42.08%
				
SD04   56,013   22,252   71.57%    28.43%
SD06   58,816  115,690   33.70%    66.30%
SD07  237,989  168,687   58.52%    41.48%
SD11   77,992   45,722   63.04%    36.96%
SD13   38,148  158,482   19.40%    80.60%
SD15  115,748  191,422   37.68%    62.32%
SD17  118,870  122,163   49.32%    50.68%
SD18   15,368   11,547   57.10%    42.90%
				
HD126  39,346   32,856   54.49%    45.51%
HD127  54,464   34,684   61.09%    38.91%
HD128  48,497   21,457   69.33%    30.67%
HD129  48,407   34,399   58.46%    41.54%
HD130  70,686   31,495   69.18%    30.82%
HD131  10,184   44,299   18.69%    81.31%
HD132  51,079   47,460   51.84%    48.16%
HD133  51,079   35,518   58.98%    41.02%
HD134  49,424   56,156   46.81%    53.19%
HD135  36,914   36,293   50.42%    49.58%
HD137  10,430   20,635   33.57%    66.43%
HD138  32,119   30,383   51.39%    48.61%
HD139  15,914   44,364   26.40%    73.60%
HD140   9,567   21,385   30.91%    69.09%
HD141   7,122   35,961   16.53%    83.47%
HD142  14,114   41,357   25.44%    74.56%
HD143  12,295   23,775   34.09%    65.91%
HD144  13,990   16,257   46.25%    53.75%
HD145  15,404   26,341   36.90%    63.10%
HD146  11,411   43,173   20.91%    79.09%
HD147  15,494   52,686   22.73%    77.27%
HD148  22,919   35,897   38.97%    61.03%
HD149  21,718   30,328   41.73%    58.27%
HD150  56,366   38,803   59.23%    40.77%
				
CC1    94,155  277,561   25.33%    74.67%
CC2   152,576  141,645   51.86%    48.14%
CC3   229,070  206,538   52.59%    47.41%
CC4   243,143  210,221   53.63%    46.37%
				
JP1    94,708  161,313   36.99%    63.01%
JP2    34,728   47,948   42.00%    58.00%
JP3    52,202   67,235   43.71%    56.29%
JP4   236,302  181,977   56.49%    43.51%
JP5   205,591  211,174   49.33%    50.67%
JP6     8,522   26,546   24.30%    75.70%
JP7    18,695   99,939   15.76%    84.24%
JP8    68,196   39,833   63.13%    36.87%

Nothing we haven’t seen before by this point. It’s possible Stanart did a little better than expected because of name recognition, but who can tell. The 2018 analysis was part of a package deal. Here’s the County Clerk’s race on its own:


Dist  Stanart Trautman  Gomez  Under Stanart%   Traut%  Gomez%
==============================================================
CD02  135,427  116,744  6,717  6,221   52.31%   45.09%   2.59%
CD07  116,383  116,488  5,648  6,706   48.79%   48.84%   2.37%
CD08   17,784   10,221    679    520   62.00%   35.63%   2.37%
CD09   23,329   93,625  2,504  2,376   19.53%   78.37%   2.10%
CD10   71,172   39,707  2,623  1,970   62.71%   34.98%   2.31%
CD18   39,159  138,311  4,892  4,087   21.47%   75.84%   2.68%
CD22   15,265   15,184    857    711   48.76%   48.50%   2.74%
CD29   30,313   82,449  3,916  2,627   25.98%   70.66%   3.36%
CD36   60,467   35,918  2,452  2,036   61.18%   36.34%   2.48%

SBOE6 287,300  269,837 14,477 15,045   50.26%   47.21%   2.53%

HD126  29,277   24,586  1,293  1,074   53.08%   44.58%   2.34%
HD127  41,017   25,198  1,634  1,260   60.45%   37.14%   2.41%
HD128  34,735   15,876  1,142    915   67.12%   30.68%   2.21%
HD129  35,567   26,799  1,739  1,582   55.48%   41.80%   2.71%
HD130  51,064   22,942  1,722  1,365   67.43%   30.30%   2.27%
HD131   6,110   34,855    864    717   14.61%   83.33%   2.07%
HD132  32,579   32,090  1,680  1,023   49.10%   48.37%   2.53%
HD133  40,721   28,089  1,552  2,192   57.87%   39.92%   2.21%
HD134  37,977   47,211  2,090  3,692   43.51%   54.09%   2.39%
HD135  26,584   27,712  1,379  1,033   47.75%   49.77%   2.48%
HD137   7,257   16,167    678    552   30.11%   67.08%   2.81%
HD138  23,336   23,515  1,257  1,100   48.51%   48.88%   2.61%
HD139  10,545   35,238  1,128    961   22.48%   75.12%   2.40%
HD140   5,269   17,569    722    490   22.36%   74.57%   3.06%
HD141   3,921   26,852    622    438   12.49%   85.53%   1.98%
HD142   8,579   30,125    850    662   21.69%   76.16%   2.15%
HD143   7,405   20,178    952    699   25.95%   70.71%   3.34%
HD144   8,949   13,629    786    450   38.30%   58.33%   3.36%
HD145   9,596   21,809  1,226    834   29.41%   66.84%   3.76%
HD146   8,082   34,044    931  1,065   18.77%   79.07%   2.16%
HD147  10,013   42,972  1,576  1,316   18.35%   78.76%   2.89%
HD148  15,587   29,671  1,907  1,695   33.05%   62.91%   4.04%
HD149  14,042   23,985    859    785   36.11%   61.68%   2.21%
HD150  41,087   27,535  1,699  1,354   58.43%   39.16%   2.42%

CC1    61,603  218,965  6,875  6,563   21.43%   76.18%   2.39%
CC2   105,901  114,124  6,772  5,028   46.69%   50.32%   2.99%
CC3   164,601  157,515  7,843  8,035   49.89%   47.74%   2.38%
CC4   177,194  158,043  8,798  7,628   51.50%   45.94%   2.56%

I included undervotes in the county candidates’ analyses in 2018 because I was trying to analyze the effects of straight ticket voting as well. As I said, if you compare just the Democratic candidates’ percentages, you see that Hudspeth and Trautman had fairly similar performances, with the drops we have noted before in some of the Latino districts. Trautman knocked it out of the park in HD134, which was more Republican in 2018. Hudspeth had among the higher scores this year in HDs 131 and 141. I fully expect she’ll build on her performance in 2022, when she will be the incumbent running for re-election, though as always the first question is what will the national atmosphere look like.

SCOTUS rejects TDP petition on vote by mail

Back to the lower court, I think.

The U.S. Supreme Court turned away a Democratic bid to force universal vote-by-mail in Texas, leaving intact a state law that lets people cast no-excuse absentee ballots only if they are 65 or older.

The Texas Democratic Party and its allies argued unsuccessfully that the law violates the Constitution’s 26th Amendment, which says the right to vote “shall not be denied or abridged by the United States or by any state on account of age.”

Voting by mail became a sharply partisan issue amid President Donald Trump’s unsupported contentions that the practice led to widespread fraud in the November election. Texas’s Republican governor and attorney general urged the Supreme Court to reject the Democratic appeal.

A divided federal appeals court in September rejected the 26th Amendment claim, saying the Texas law didn’t make it more difficult for anyone to vote. The panel left open the possibility the law could be challenged as a violation of the Constitution’s equal protection clause.

The Supreme Court also rejected Texas Democrats in June, when the justices refused to reinstate a trial judge’s order that would have let any voter request an absentee ballot to avoid the risk of contracting Covid-19. That order, which was blocked by the appeals court, was designed to govern the 2020 election and might have boosted Democrats’ prospects.

See here for the last update, which was a petition for review of the Fifth Circuit ruling that kept intact the existing law on vote by mail in Texas as the original lawsuit that claimed the existing law violated the 26th Amendment is litigated. If I understand this correctly, the original case needs to be re-argued, with guidance from that Fifth Circuit ruling, and then once there is a ruling on the merits, we’ll go through the appeals process again. Or maybe not, if Congress and President Biden can pass a new Voting Rights Act that would allow for this nationally. I don’t see that particular provision in there now, but that doesn’t mean it isn’t or wouldn’t be there. Anyway, it’s kind of a non-starter now, since the effort was to make that happen in 2020, but it’s never too late to make it easier to vote. Just don’t expect anything to happen in the short term, outside of what Congress may do. Reuters has more.

Precinct analysis: Tax Assessor 2020 and 2016

Introduction
Congressional districts
State Rep districts
Commissioners Court/JP precincts
Comparing 2012 and 2016
Statewide judicial
Other jurisdictions
Appellate courts, Part 1
Appellate courts, Part 2
Judicial averages
Other cities
District Attorney
County Attorney
Sheriff

Tax Assessor Ann Harris Bennett is the third incumbent from 2016 running for re-election. Like Sheriff Ed Gonzalez, she improved her performance pretty significantly from four years ago. Unlike either Gonzalez or DA Kim Ogg, she came off a close race – she was actually trailing after early voting, and did just well enough on Election Day to pull out a eight thousand vote victory. In 2020, she won by ten points, with a Libertarian candidate also in the mix. Here’s how 2020 looked for Bennett:


Dist    Daniel  Bennett     Lib Daniel%Bennett%   Lib%
======================================================
CD02   174,454  151,148  11,516  51.15%  44.32%  3.38%
CD07   148,007  146,906   9,535  47.97%  47.62%  3.09%
CD08    24,960   14,786   1,419  59.88%  35.47%  3.40%
CD09    35,972  117,815   4,676  22.43%  73.47%  2.92%
CD10    98,983   58,837   5,631  59.77%  35.53%  3.40%
CD18    57,057  175,920   8,077  23.44%  72.28%  3.32%
CD22    20,650   19,913   1,660  48.18%  46.46%  3.87%
CD29    46,205  101,024   4,961  30.09%  65.80%  3.23%
CD36    79,503   48,053   4,570  59.41%  35.91%  3.42%
						
SBOE4  100,919  330,636  13,852  22.66%  74.23%  3.11%
SBOE6  374,836  342,677  24,239  50.53%  46.20%  3.27%
SBOE8  210,036  161,090  13,954  54.54%  41.83%  3.62%
						
SD04    53,982   22,540   2,570  68.25%  28.50%  3.25%
SD06    53,863  117,046   5,997  30.45%  66.16%  3.39%
SD07   227,833  169,249  13,705  55.46%  41.20%  3.34%
SD11    74,156   46,328   4,608  59.28%  37.04%  3.68%
SD13    36,043  156,250   5,976  18.18%  78.81%  3.01%
SD15   110,239  189,765  10,747  35.48%  61.07%  3.46%
SD17   115,088  121,733   7,376  47.13%  49.85%  3.02%
SD18    14,587   11,494   1,066  53.73%  42.34%  3.93%
						
HD126   37,713   32,939   2,327  51.68%  45.13%  3.19%
HD127   52,360   34,525   3,193  58.13%  38.33%  3.54%
HD128   46,291   22,223   2,192  65.47%  31.43%  3.10%
HD129   46,005   34,465   3,291  54.92%  41.15%  3.93%
HD130   67,940   31,860   3,420  65.82%  30.87%  3.31%
HD131    9,557   43,780   1,586  17.40%  79.71%  2.89%
HD132   48,284   47,303   3,782  48.59%  47.60%  3.81%
HD133   49,924   35,385   2,408  56.91%  40.34%  2.75%
HD134   48,604   55,747   2,949  45.30%  51.95%  2.75%
HD135   34,905   36,408   2,567  47.25%  49.28%  3.47%
HD137    9,845   20,352   1,178  31.38%  64.87%  3.75%
HD138   30,750   30,377   2,169  48.58%  47.99%  3.43%
HD139   14,994   44,096   1,832  24.61%  72.38%  3.01%
HD140    8,661   21,724   1,000  27.60%  69.22%  3.19%
HD141    6,617   35,561   1,217  15.25%  81.95%  2.80%
HD142   13,268   41,110   1,631  23.69%  73.40%  2.91%
HD143   11,211   24,369   1,121  30.55%  66.40%  3.05%
HD144   12,895   16,646   1,072  42.12%  54.38%  3.50%
HD145   14,110   26,467   1,630  33.43%  62.71%  3.86%
HD146   10,878   42,506   1,661  19.76%  77.22%  3.02%
HD147   14,762   51,621   2,518  21.42%  74.92%  3.65%
HD148   21,733   35,555   2,479  36.36%  59.49%  4.15%
HD149   20,767   30,361   1,522  39.44%  57.67%  2.89%
HD150   53,716   39,022   3,300  55.93%  40.63%  3.44%
						
CC1     89,315  274,496  11,676  23.79%  73.10%  3.11%
CC2    143,799  143,691  10,434  48.27%  48.23%  3.50%
CC3    220,064  206,206  14,217  49.96%  46.81%  3.23%
CC4    232,613  210,012  15,718  50.75%  45.82%  3.43%
						
JP1     90,963  160,043   8,734  35.02%  61.62%  3.36%
JP2     32,249   48,712   2,804  38.50%  58.15%  3.35%
JP3     49,382   67,843   3,512  40.90%  56.19%  2.91%
JP4    226,115  182,066  14,185  53.54%  43.11%  3.36%
JP5    196,782  210,577  13,981  46.70%  49.98%  3.32%
JP6      7,542   26,611   1,383  21.22%  74.88%  3.89%
JP7     17,840   98,244   3,456  14.92%  82.19%  2.89%
JP8     64,918   40,309   3,990  59.44%  36.91%  3.65%

Bennett’s 834K vote total was the lowest among the non-judicial countywide candidates, and only ahead of five judicial candidates. Thanks in part to the 52K votes that the Libertarian candidate received, however, she led challenger and former District Clerk Chris Daniel by over 148K votes, which is one of the bigger margins. If you want to examine the belief that Libertarian candidates mostly take votes away from Republicans, look at some of the district totals, especially HDs like 132, 135, and 138. We can’t know for sure how Daniel might have done in a two-person race, but it seems reasonable to me to say he’d have improved at least somewhat. Bennett did about as well as you’d expect someone who got 53% of the vote would do. If the final score would have been closer in a two-person race, it’s not because she’d have received fewer votes or gotten a lower percentage.

Here’s the 2016 comparison, in which Bennett knocked off incumbent Mike Sullivan. She trailed by about five thousand votes when the totals were first displayed on Election Night, with Sullivan having slight leads in both mail ballots and in person early votes – yes, that’s right, Republicans used to try to compete on mail ballots – but got nearly 52% of the Election Day vote, which was a big enough part of the vote to push her over the top.


Dist  Sullivan  Bennett  Sullivan%  Bennett%
============================================
CD02   168,936  105,778     61.50%    38.50%
CD07   147,165  106,727     57.96%    42.04%
CD09    29,855  103,511     22.39%    77.61%
CD10    83,213   34,795     70.51%    29.49%
CD18    53,558  148,586     26.49%    73.51%
CD29    41,555   88,942     31.84%    68.16%
				
SBOE6  357,083  249,953     58.82%    41.18%
				
HD126   37,003   24,186     60.47%    39.53%
HD127   50,028   23,460     68.08%    31.92%
HD128   42,659   16,238     72.43%    27.57%
HD129   44,072   24,777     64.01%    35.99%
HD130   60,429   20,277     74.88%    25.12%
HD131    8,121   37,906     17.64%    82.36%
HD132   39,094   29,321     57.14%    42.86%
HD133   50,116   25,241     66.50%    33.50%
HD134   49,352   39,410     55.60%    44.40%
HD135   33,528   26,112     56.22%    43.78%
HD137    9,664   17,099     36.11%    63.89%
HD138   28,827   22,096     56.61%    43.39%
HD139   13,707   38,266     26.37%    73.63%
HD140    7,556   19,790     27.63%    72.37%
HD141    5,934   32,109     15.60%    84.40%
HD142   11,599   33,182     25.90%    74.10%
HD143   10,372   22,294     31.75%    68.25%
HD144   11,810   15,188     43.74%    56.26%
HD145   12,669   21,519     37.06%    62.94%
HD146   11,323   36,903     23.48%    76.52%
HD147   14,119   43,254     24.61%    75.39%
HD148   20,434   26,999     43.08%    56.92%
HD149   16,639   26,389     38.67%    61.33%
HD150   50,472   25,358     66.56%    33.44%
				
CC1     82,916  231,040     26.41%    73.59%
CC2    134,067  117,084     53.38%    46.62%
CC3    202,128  149,943     57.41%    42.59%
CC4    220,415  149,294     59.62%    40.38%

Again, there’s nothing here we haven’t seen before, but as Mike Sullivan nearly hung on, you can see what an almost-successful Republican looked like in 2016. Note the margins he had in CDs 02 and 07, and the various now-competitive State Rep districts. I mean, Sullivan won HD134 by eleven points. He won CC4 by almost 20 points, and CC3 by fifteen. We don’t live in that world now.

What is the direction of voting by mail?

It was different in 2020, but that doesn’t mean it’s permanently different.

Democratic voters in Texas were more likely to cast their ballots by mail than Republican voters in the last election.

Today, that may sound like a forgone conclusion, but that wasn’t the case four years ago. Absentee ballots, which only certain groups of Texans are eligible to use, have traditionally been a tool utilized by the GOP, and in 2016, counties reported that higher percentages of Republican voters cast absentee ballots than Democratic voters.

The reason for the swap? It came from the top. Experts and political operatives note that President Donald Trump spent months attacking the credibility of mail-in voting to his Republican base while national and state Democrats launched their largest-ever push to support the method as a safe option to vote in the pandemic.

Other factors at play this election season in Texas included an increase in participation by younger voters who lean Democratic, many of them college students living out of state. Democrats also were more likely to take coronavirus risks and precautions more seriously, leading them to look for ways to stay out of the polls during the pandemic, experts on both sides of the aisle said.

In total, Texans cast 1 million absentee ballots before Election Day, up from less than 500,000 in 2016, according to the Texas secretary of state’s office.

[…]

In November, about 39% of all ballot-by-mail voters had most recently voted in the Democratic primary, compared to about 26% who had most recently voted in the Republican primary, said GOP consultant and data analyst Derek Ryan, who tracks statewide voting trends. The rest did not vote in the primaries, Ryan said. Just over 2 million people voted in each primary in March.

That’s almost a complete flip from 2016, when 41% of people who voted by mail in the general election had voted in the Republican primary, while only 26% had voted in the Democratic primary, Ryan said.

More than 120,000 mail-in voters in November had never voted in a primary or general election before, Ryan said.

Overall, the influx of mail-in votes for Democrats didn’t give them a notable advantage, given that the GOP kept their majorities in state offices.

What it means for the future of participation in mail voting in Texas remains to be seen after an outlier year in which the pandemic led to an election unlike any other.

The story has more data about how voting by mail went in 2020, and quotes a friend of mine who’s a COVID long-hauler and took advantage of voting by mail for the first time this year because her health is now fragile. Some of this data we’ve discussed before, mostly from the daily early voting reports that Derek Ryan was putting out.

My personal sense is that for all the obvious reasons 2020 was mostly an outlier, and will not cause a large change in voting behavior. To the extent that it does cause changes, it will be mostly from the over-65 crowd that is already allowed to vote by mail. There may be some lasting damage to Republican vote by mail efforts, but as that did not appear to have any significant effect on the past election, it’s unlikely to have much effect on future elections. I think there is some risk inherent in a “do most of your voting on Election Day” strategy that hasn’t been discussed, and that’s the greater risk that an exogenous event on Election Day, such as bad weather or physical problems like a sewer overflow, that can have a negative effect on turnout. Not my problem, of course, and if it ever does happen in a way that might affect the outcome of an election, the irony will be so rich it will clog your arteries.

That said, there has been a multi-year effort by Democrats to push voting by mail for eligible voters. The HCDP has been aggressively pushing mail ballot applications to its over-65 voters for several cycles now, and there are similar programs being done by the TDP and other county parties. I don’t see that changing, and it may well be that more people respond to those entreaties in future years, but by its nature this is somewhat limited. The total number of mail ballots returned in Harris County in 2020 was about 180K, making it about 10.8% of all ballots cast last year. In 2016, there were 101K mail ballots cast, which was 7.6% of the total. It’s just not that big a change.

Really, the seismic change in 2020 was the shift to early in-person voting, where nearly as many people voted in 2020 (1,273,936) as in all of 2016 (1,338,898). That was aided by the third week of early voting, which we won’t have going forward barring any changes to the law, as well as the intense interest in that election. That’s a change in behavior that I could see sticking, as was the case with early voting after the 2008 election. Before 2008, it was assumed that less than half the vote came in early. In recent elections before 2020, the general wisdom was that about 70 to 75% of the vote was early (including vote by mail). In 2020, almost 88% of the vote was cast before Election Day. Maybe it won’t be quite that high in 2022 and 2024, but I think the expectation is that early voting is make or break, and Election Day matters that much less. (Which, to be fair, mitigates that risk I spoke of earlier. As we just saw in Georgia, though, if you’re not getting your voters out early, you may not be able to catch up later.)

Even then, this was one year, and who knows what the next election will bring. Also, as discussed elsewhere, this pattern holds much more for even-year elections than odd-year elections. We kind of get the year off in 2021, as there are no city of Houston races to be had, though there are some races of interest elsewhere in the state. If there’s one lesson to be taken from the 2020 voting experience, I say it’s that people liked having options for how and where and when to vote. To the extent that Republicans try to take that away, which remains to be seen, the Dems should be up front about the fact that we like having those options as well, and we think they should be a permanent feature of our elections. Vote how you want, we say.

The Minute Maid mega-vaccine center

More like this, please.

The city partnered with the Astros organization to transform [Minute Maid Park] into a site to provide the Moderna vaccine to up to 3,600 health care workers, residents ages 65 and older, and patients with underlying medical conditions. Vaccine distribution was moved from the Bayou City Event Center, which was needed for a different event, giving the city a sneak peek at how the stadium would operate as a mega-site when it officially opens in the coming week.

Divided into three sections, the stadium’s lower level was reserved for the elderly and those with mobility challenges. Volunteers first led participants to a section to complete additional paperwork for the vaccine, then to a waiting area and the official vaccination stations, and finally, an observation area, where health workers watched for any adverse or allergic reactions at least 15 minutes.

[…]

[Mayor Sylvester] Turner, who toured the site, greeting residents with fist and elbow bumps and encouraging volunteers and essential workers, said Minute Maid Park is the largest vaccination site that the city has hosted so far — inoculating 350 people an hour and tripling the total amount of people vaccinated last Saturday at the Bayou City Event Center.

U.S. Rep. Sheila Jackson Lee, who attended an afternoon press conference at the ballpark, said it’s also the first model of a mega-site in the country, which could serve as an example for other major cities also looking to establish similar sites.

The outcome, however, was more than Turner and health officials had originally expected.

The city had around 1,000 doses of the vaccine as of Thursday and decided to scale back vaccinations for the weekend when a delivery was not received, but by Friday morning, the city unexpectedly received an additional 2,600 vaccines, Turner said. The city and the Houston Health Department quickly switched gears, scheduling appointments with people who had pre-registered to ensure that the vaccine was distributed and not sitting, wasted on shelves. They also opened up registration, receiving an additional 1,000 applicants within 20 minutes, Turner said.

Marcel Braithwaite, the Astros’ senior vice president of business operations, said the stadium had already begun preparing earlier in the week and officials were confident in the infrastructure.

“It was more about the logistical flow” and ensuring that there was enough physical space within the building to allow for social distancing in waiting areas and immunization pods, Braithwaite said.

This is great, and as a proof of concept it’s clear that this model can work well. I meant it literally when I said “more like this”, because we’re going to need to replicate this on a much bigger scale in order to make progress against COVID. Remember what I said about the scope of the problem. There’s nearly five million people in Harris County. If we want to get everyone vaccinated by the end of the year, we need to be doing over sixteen thousand inoculations per day, every day. That means we need the equivalent of five of these mega-centers, again operating every day. We need them to be accessible by public transit, we need them open at night so as to get people who can’t get off work (remember those 24-hour early voting centers we had last year? Like that), we need them to take all comers whether they have insurance or a personal physician or access to the Internet to make an appointment, we need people working at these locations who speak a broad variety of languages, and we need all of the personnel for this to be local, both to minimize COVID risk (so no one has to travel) and because literally everywhere else will be doing the same thing so we can’t expect to bring in volunteers from other places. Oh, and baseball season will start in April, so at some point Minute Maid becomes unavailable. How’s all that sound? It’s what we need. And we’re going to need a highly-functional federal government, as well as a much better response from the state government, to have a chance.

Precinct analysis: Sheriff 2020 and 2016

Introduction
Congressional districts
State Rep districts
Commissioners Court/JP precincts
Comparing 2012 and 2016
Statewide judicial
Other jurisdictions
Appellate courts, Part 1
Appellate courts, Part 2
Judicial averages
Other cities
District Attorney
County Attorney

Behold your 2020 vote champion in Harris County: Sheriff Ed Gonzalez, running for his second term in office. I’ll get into the details of Gonzalez’s domination in a minute. Here are the numbers for 2020:


Dist     Danna  Gonzalez    Danna%  Gonzalez%
=============================================
CD02   170,422   166,902    50.52%     49.48%
CD07   141,856   162,417    46.62%     53.38%
CD08    24,788    16,406    60.17%     39.83%
CD09    35,308   122,871    22.32%     77.68%
CD10    98,458    65,239    60.15%     39.85%
CD18    54,869   186,236    22.76%     77.24%
CD22    20,466    21,710    48.53%     51.47%
CD29    43,503   109,304    28.47%     71.53%
CD36    79,327    52,648    60.11%     39.89%
				
SBOE4   96,435   349,282    21.64%     78.36%
SBOE6  363,916   378,161    49.04%     50.96%
SBOE8  208,646   176,291    54.20%     45.80%
				
SD04    53,758    25,277    68.02%     31.98%
SD06    50,944   126,617    28.69%     71.31%
SD07   224,433   186,884    54.56%     45.44%
SD11    74,078    50,852    59.30%     40.70%
SD13    35,054   162,823    17.72%     82.28%
SD15   106,009   204,899    34.10%     65.90%
SD17   110,189   133,749    45.17%     54.83%
SD18    14,532    12,635    53.49%     46.51%
				
HD126   36,979    36,165    50.56%     49.44%
HD127   51,960    38,105    57.69%     42.31%
HD128   46,345    24,235    65.66%     34.34%
HD129   45,743    37,938    54.66%     45.34%
HD130   67,658    35,780    65.41%     34.59%
HD131    9,271    45,531    16.92%     83.08%
HD132   47,705    51,772    47.96%     52.04%
HD133   47,629    39,951    54.38%     45.62%
HD134   44,590    62,513    41.63%     58.37%
HD135   34,389    39,591    46.48%     53.52%
HD137    9,680    21,648    30.90%     69.10%
HD138   30,004    33,385    47.33%     52.67%
HD139   14,623    46,351    23.98%     76.02%
HD140    8,109    23,412    25.73%     74.27%
HD141    6,449    36,900    14.88%     85.12%
HD142   12,684    43,278    22.67%     77.33%
HD143   10,463    26,455    28.34%     71.66%
HD144   12,685    17,965    41.39%     58.61%
HD145   13,322    29,035    31.45%     68.55%
HD146   10,562    44,351    19.23%     80.77%
HD147   13,955    54,824    20.29%     79.71%
HD148   20,375    39,637    33.95%     66.05%
HD149   20,574    32,068    39.08%     60.92%
HD150   53,242    42,844    55.41%     44.59%
				
CC1     85,139   289,925    22.70%     77.30%
CC2    141,416   156,934    47.40%     52.60%
CC3    214,450   226,063    48.68%     51.32%
CC4    227,992   230,814    49.69%     50.31%
				
JP1     84,929   174,954    32.68%     67.32%
JP2     31,274    52,644    37.27%     62.73%
JP3     48,485    72,207    40.17%     59.83%
JP4    223,758   199,021    52.93%     47.07%
JP5    191,671   229,696    45.49%     54.51%
JP6      6,846    28,930    19.14%     80.86%
JP7     17,135   102,122    14.37%     85.63%
JP8     64,899    44,162    59.51%     40.49%

Only Joe Biden (918,193) got more votes than Sheriff Ed (903,736) among Dems that had a Republican opponent; District Court Judge Michael Gomez (868,327) was next in line. Gonzalez’s 235K margin of victory, and his 57.46% of the vote were easily the highest. He carried SBOE6, HD132, HD138, and all four Commissioners Court precincts, while coming close in CD02 and HD126. He even made SD07, HD133, and JP4 look competitive.

How dominant was Ed Gonzalez in 2020? He got more votes in their district than the following Democratic incumbents:

CD07: Gonzalez 162,417, Lizzie Fletcher 159,529
CD18: Gonzalez 186,236, Sheila Jackson Lee 180,952
SD13: Gonzalez 162,823, Borris Miles 159,936
HD135: Gonzalez 39,591, Jon Rosenthal 36,760
HD142: Gonzalez 43,278, Harold Dutton 42,127
HD144: Gonzalez 17,965, Mary Ann Perez 17,516
HD145: Gonzalez 29,035, Christina Morales 27,415
HD149: Gonzalez 32,068, Hubert Vo 31,919
JP1: Gonzalez 174,954, Eric Carter 166,759

That’s pretty damn impressive. Gonzalez is the incumbent, he’s in law enforcement and may be the most visible county official after Judge Hidalgo, he had a solid term with basically no major screwups, he’s well liked by the Democratic base, and he ran against a frequent flyer who had no apparent base of support. At least in 2020, this is as good as it gets.

Obviously, Gonzalez did better than he did in 2016, but let’s have a quick look at the numbers anyway.


Dist   Hickman  Gonzalez  Hickman%  Gonzalez%
=============================================
CD02   162,915   111,689    59.33%     40.67%
CD07   139,292   113,853    55.02%     44.98%
CD09    26,869   106,301    20.18%     79.82%
CD10    81,824    36,293    69.27%     30.73%
CD18    48,766   153,342    24.13%     75.87%
CD29    35,526    95,138    27.19%     72.81%
				
SBOE6  341,003   265,358    56.24%     43.76%
				
HD126   36,539    24,813    59.56%     40.44%
HD127   48,891    24,516    66.60%     33.40%
HD128   41,694    17,117    70.89%     29.11%
HD129   41,899    26,686    61.09%     38.91%
HD130   59,556    21,256    73.70%     26.30%
HD131    7,054    38,887    15.35%     84.65%
HD132   38,026    30,397    55.57%     44.43%
HD133   47,648    27,378    63.51%     36.49%
HD134   44,717    43,480    50.70%     49.30%
HD135   32,586    27,180    54.52%     45.48%
HD137    8,893    17,800    33.32%     66.68%
HD138   27,480    23,366    54.05%     45.95%
HD139   12,746    39,223    24.53%     75.47%
HD140    6,376    20,972    23.31%     76.69%
HD141    5,485    32,573    14.41%     85.59%
HD142   10,801    33,924    24.15%     75.85%
HD143    9,078    23,689    27.70%     72.30%
HD144   10,765    16,194    39.93%     60.07%
HD145   10,785    23,462    31.49%     68.51%
HD146   10,144    37,991    21.07%     78.93%
HD147   12,100    45,136    21.14%     78.86%
HD148   17,701    29,776    37.28%     62.72%
HD149   15,702    27,266    36.54%     63.46%
HD150   49,904    26,142    65.62%     34.38%
				
CC1     74,178   239,211    23.67%     76.33%
CC2    125,659   125,416    50.05%     49.95%
CC3    193,214   158,164    54.99%     45.01%
CC4    213,519   156,417    57.72%     42.28%

Gonzalez ran against Ron Hickman, former Constable in Precinct 4, who was appointed following Adrian Garcia’s resignation to run for Mayor of Houston in 2015. Hickman had been well respected as Constable and wasn’t a controversial selection, but he was quickly dogged with a scandal involving lost and destroyed evidence from his Constable days, as well as the usual bugaboo of jail overcrowding; his opposition to misdemeanor bail reform did not help with that. With all that, Gonzalez got “only” 52.84% of the vote in 2016, which was ahead of most judicial candidates but behind both Kim Ogg and Vince Ryan. My thought at the time was that Gonzalez maxed out the Democratic vote, but didn’t get many crossovers. Clearly, he knocked that second item out of the park this year. I’m not going to go into a more detailed comparison – I’ll leave that to you this time – but it should be obvious that Gonzalez built on his performance from 2016. We’ll see what he can do with the next four years.

Sheriff Gonzalez hires jail administrator

Interesting.

Sheriff Ed Gonzalez

A former state jail inspector will oversee Harris County’s jail, Sheriff Ed Gonzalez announced Wednesday.

Shannon Herklotz, who worked for the Texas Commision on Jail Standards for more than 20 years, began serving as the jail’s chief of detentions on Monday, according to a statement from the Harris County Sheriff’s Office.

Harris County commissioners have for years tried to install a civilian administrator to oversee the county’s sprawling jail, which houses some 9,000 inmates at any given time and in recent years has been the site of several inmate suicides, assaults, or other violent incidents.

Herklotz was deputy director for the regulatory agency, which ensures all 239 Texas jails meet state standards.

“Our search for a Chief of Detentions targeted someone with the experience, values and vision to achieve our goal of cementing the Harris County Jail’s reputation for safety, innovation and professionalism,” stated Gonzalez. “These are qualities that our team displayed while managing the ongoing pandemic, and I am excited to see the continued transformation of the Harris County Jail under Shannon Herklotz’s leadership.”

Herklotz said he takes his duty seriously to ensure “care, custody and control of every person living inside our jail.”

“Keeping every person in the jail – including our staff and those entrusted into our care – safe and healthy is our first priority,” he said. “But more than that, we are committed to making sure people leave our jail better prepared to make a positive contribution to our community by connecting them with the resources and support they need to do so.”

The Harris County Jail is the largest jail in Texas, and the third-largest in the nation, with a current population of just over 9,000. Harris County officials have flirted with the idea of a civilian administrator several times over the last 30 years.

Commissioners considered trying to appoint a civilian administrator at least as far back as 1991, according to Chronicle archives. The move was driven by the soaring cost of the jail, and the increase in the sheriff’s budget, and as the sheriff’s office had struggled to control overcrowding in its facility.

As the story notes, this idea most recently surfaced in 2015, with the administrator being hired by and answering to Commissioners Court. That was shelved when a study concluded that a change in state law would be required for that. Existing law allows for the Sheriff to make such an appointment, however, and that’s what has happened here. I was skeptical at the time, mostly because I don’t trust Steve Radack, who was the original advocate for the idea, but then-Commissioner Gene Locke made what I thought were some decent arguments, so I was willing to listen. Locke’s main argument was that Sheriffs want to put their budget into patrol, which takes money away from jail administration, so having a jail administrator with a seat at the table can be a counterweight for that. We’ll see how that works when the administrator reports to the Sheriff. If Shannon Herklotz can help the jail consistently meet state standards – a problem it has had for some time now – and maybe also help figure out how to reduce its population, that will be a huge win.

The Republican war against Harris County

To be fair, it’s not just Harris County that’s in the crosshairs, it’s the big urban counties, and cities in general. But it’s real and it’s dangerous and it’s anti-democratic.

Republicans in the Texas Legislature are gearing up to bar local governments from hiring lobbyists, punish cities that reduce their police budgets and restrict county judges’ power during future pandemics when lawmakers convene in Austin later this month.

The measures are sure to escalate the long-running feud between Texas’ conservative leaders and the mostly Democratic officials who run the state’s largest cities and counties. And while higher profile items such as coronavirus relief and redistricting are expected to eat up much of the 140-day session, Republicans have made clear they will carve out time for items such as the lobbying ban.

“In terms of (taxpayer-funded) lobbying, it’s morphed into a kind of partisan struggle,” said Michael Adams, chair of the political science department at Texas Southern University. “The Dems were hoping, particularly in the House of Representatives, they would fare better (in the November elections). But that didn’t happen, and so we still see the dominance of the Republican Party in all branches of the state government. And certainly I think they will send a signal.”

Local officials have been bracing for an especially difficult session since October 2019, when House Speaker Dennis Bonnen was caught on tape saying he had tried to make that year “the worst session in the history of the legislature for cities and counties.” Bonnen said he made his goal evident to “any mayor, county judge that was dumbass enough to come meet with me.”

[…]

Last session, Republicans nearly ushered through a bill to prevent large cities and counties from spending tax revenue on lobbying, but the measure died in the final days when voted down in the House. Bonnen in 2019 announced he would not seek re-election after he was heard on the same tape recording targeting fellow Republicans who opposed the lobbying ban.

Though the Legislature does not begin until Jan. 12, lawmakers already have filed numerous bills related to cities and other local entities. State Rep. Steve Toth, R-The Woodlands, has proposed making cities liable for damages if they release someone from custody who was the subject of a federal immigration detainer request and that person commits a felony within 10 years.

A bill filed by state Rep. Jared Patterson, R-Frisco, would prevent cities and counties from requiring businesses to adopt labor peace agreements — in which employers agree not to oppose unionization efforts in exchange for employee unions agreeing not to go on strike — in order to receive a contract. State Rep. Valoree Swanson, R-Spring, has filed legislation that would allow business owners to halt local laws in court if the law “would result in an adverse economic impact” on the owner.

Swanson also filed a bill that would abolish the Harris County Department of Education, unless voters decide to continue it through a referendum on the November 2022 ballot. Conservative lawmakers have long sought to shutter or study closing the agency, the last remaining countywide education department in Texas.

State Sen. Paul Bettencourt, R-Houston, filed legislation that would codify a Texas Supreme Court decision that blocked Harris County from sending mail ballot applications to every registered voter in the county ahead of the November election. Swanson filed the House companion bill.

That’s a lot, and it doesn’t count the revenue cap, or this little gem that I had been unaware of:

During the 2019 legislative session, Abbott quietly backed a bill that would have maintained the current system in Texas’ rural Republican regions while changing it in more densely populated, mostly Democratic counties. That bill, which failed, would essentially have allowed the Republican governor to pick judges in the state’s Democratic areas, while Republican voters picked judges in the conservative areas.

I have to say, on reading all this my first reaction was why would anyone in Harris County want to be governed by people who hate us and want to do us harm? Sometimes I wonder what it would be like if Harris County were its own state. We’d have something like ten electoral votes all on our own, and we wouldn’t have to deal with this kind of bullshit.

It wasn’t always like this, of course. It’s not that long ago that “local control” was a Republican slogan rather than a quaint idea. But it’s also not that long ago that Harris was a Republican stronghold, and the radical shift in philosophy isn’t a coincidence. It’s very much of a piece with the Trump administration’s attacks on blue states, and of the increasingly bizarre and undemocratic legal arguments being made about this past election, including the one that the Supreme Court briefly considered that federal courts could overrule state courts on matters of state administration of elections. It has nothing to do with federalism or “states’ rights” or local control or any other mantra, but everything to do with the fact that Republicans don’t recognize any authority that isn’t theirs. If they don’t like it, it’s not legitimate, and the laws and the voters can go screw themselves.

This, as much as anything, is the tragedy of Dems not being able to retake the State House. With no check on their power, the Republicans are going to do what they want, and the best we can do is try to slow them down. It makes the 2022 election, and the continued need to break through at the statewide level, so vital. I’ll say it one more time, nothing will change until we can win enough elections to change the balance of power in this state. And if someone can give me an answer to that “how can Harris County become its own state” question, I’m listening.

Coronavirus 2.0

Happy New Year.

The first known case of a new and possibly more contagious coronavirus strain has been reported in Texas, in an adult male resident of Harris County who had no history of travel, according to the state health services department and County Judge Lina Hidalgo.

The variant known as B.1.1.7 was first identified in the United Kingdom, where it has spread quickly, and cases have been found in several U.S. states, including California and Colorado. It does not cause a more severe disease, and vaccines “are expected to be effective against it,” the health services department said, citing the existing scientific evidence.

“The fact that this person had no travel history suggests this variant is already circulating in Texas,” said Dr. John Hellerstedt, commissioner of the state’s health services department. “Genetic variations are the norm among viruses, and it’s not surprising that it arrived here given how rapidly it spreads.”

While this variant doesn’t appear to be any nastier, as far as we know, and should still be covered by the vaccines, it is apparently capable of spreading faster. Really makes you want to stay away from people, doesn’t it?

On the plus side, maybe.

State officials will start distributing most of Texas’ vaccine doses next week to a handful of large pharmacies and hospitals, creating “vaccination hubs” where more people can get a shot quickly, the Department of State Health Services announced Thursday.

“As the vaccination effort continues to expand to people who are at a greater risk of hospitalization and death, in addition to frontline health care workers, these vaccination hubs will provide people in those priority populations with identifiable sites where vaccination is occurring and a simpler way to sign up for an appointment with each provider,” the department said.

Those hubs could vaccinate more than 100,000 people next week, officials said.

DSHS issued a survey earlier this month to vaccine providers gauging their ability to operate community vaccination sites. The state will release the final list of large-scale providers later this week, after the federal government decides how many doses Texas will receive next week.

We expect another 200K total doses next week as part of this preparation. That’s good, but as we’ve discussed before, the numbers remain daunting. Texas has almost 30 million people in it. At 100K shots a week, you’re looking at six years to get everyone vaccinated. The optimistic interpretation of this story is that 100K per week is a starting point, and we’ll accelerate from there. Great, I sure hope so, but if we want to get enough of the state done to get close to herd immunity this year, we need to get to 500K per week, and every week we operate at less than that makes the target number have to be a little higher. (A better and more organized federal response will surely help.) I know, it’s a hard problem, everyone’s doing the best they can (well, not really, but let’s be generous for these purposes), and so on, but this is the math. As someone once said, the stars may lie but the numbers never do.

More COVID restrictions are about to happen in Harris County

Blame Greg Abbott and the virus, in whatever order you prefer.

Houston and its surrounding communities on Tuesday became the latest region to require new emergency restrictions after seven straight days of ballooning coronavirus hospitalizations.

The rollback, mandated under Gov. Greg Abbott’s emergency protocols, includes restaurants dropping to 50 percent occupancy from 75 percent, and bars that have not reclassified as restaurants closing immediately. The restrictions remain in place until the region drops below 15 percent COVID-19 hospitalizations for seven straight days.

As of Monday, the latest day of available data, the Houston region was at 19.9 percent, up from just over 13 percent a week earlier. Infections and hospitalizations have been rising steadily in recent weeks, following spikes in other parts of the state and amid holiday gatherings.

All but four of the state’s 22 hospital regions were over 15 percent as of Monday.

Texas Medical Center Hospitals in Houston announced earlier Tuesday that they were putting a hold on certain elective surgeries to save resources for coronavirus patients. Under the governor’s protocols, hospitals are required to postpone elective surgeries that would deplete COVID-19 resources.

“The best thing we can do is take this threshold as a wakeup call,” Harris County Judge Lina Hidalgo said in a news conference Tuesday afternoon. “This is the time to take this for the red alert that it is. We are only going to get through this if we are able to quickly stem the tide of hospitalizations.”

More here.

The rollback comes as Texas Medical Center hospitals already had begun deferring certain elective procedures or readying such a managed reduction strategy, the same one they deployed during the summer when patient censuses spiked. The reduction is not the wholesale delay of elective procedures all Texas hospitals invoked in the spring.

Hospital leaders said Tuesday their systems will continue some elective procedures but suspend those non-urgent cases whose demands on staff and space detract from resources better used to treat COVID-19 patients. Procedures such as mammography and colonoscopy will continue because they don’t tax needed hospital resources, for instance, but some procedures like heart catheterizations might be better delayed.

[…]

The surge of COVID-19 hospitalizations has been relentless. The number of admitted COVID-19 patients in the Houston region has increased for 13 straight weeks, and the 25-county area anchored by Harris County had more than 3,100 hospitalizations on Monday, the highest since July, the peak of the first wave in Texas.

Houston Methodist was just short of 700 COVID-19 patients on Monday. Methodist CEO Dr. Marc Boom emailed employees that if this trend holds the system will surpass its peak July numbers in a matter of days.

“This may well be among the most challenging few weeks we’ve experienced during this pandemic,” Boom wrote in the email to employees Monday. “Together, we will get through this, but it will be difficult.”

Dr. James McCarthy, chief physician executive at Memorial Hermann, said his system exceeded 800 patients and should eclipse July numbers by the third week in January. The system’s number of patients has increased three-fold over the last month, he said.

[…]

The COVID-19 positive test rate statewide is now at 20.53 percent. Methodist’s is nearly 32 percent.

Porsa said said Harris Health is about to enter Phase 3 of its surge plans, which involves closing some of its clinics in order to deploy its nurses and other staff at Ben Taub and Lyndon B. Johnson hospitals, both of which are near capacity. He said the leadership is currently determining which clinics to start with.

Hospital officials said they are encouraged that ICUs aren’t being overloaded with COVID-19. They said their staffs have gotten much better, thanks to better treatment options and nine months of experience with the disease, at getting patients discharged faster now compared to early summer.

But with the Houston area now averaging more than 3,300 new COVID-19 cases a day — compared to roughly 2,330 such cases at the pandemic’s height in July — it appears the peak won’t come before late January or February, hospital officials said. They also worry a more contagious strain — not yet identified in Houston but maybe already here — poses an even greater threat ahead.

“January and February are shaping up to be our darkest days, given these record numbers,” said William McKeon, CEO of the TMC. “Hospitals lag behind in feeling the effects of increases in cases so expect the numbers to keep going in the wrong direction before things get better.”

We’re already passing the levels we had seen at the worst of it in July, and we’re probably a few weeks out from hitting the peak this time around. Remember all this next year, when it’s time to vote for our state government.

Precinct analysis: County Attorney 2020 and 2016

Introduction
Congressional districts
State Rep districts
Commissioners Court/JP precincts
Comparing 2012 and 2016
Statewide judicial
Other jurisdictions
Appellate courts, Part 1
Appellate courts, Part 2
Judicial averages
Other cities
District Attorney

The office of County Attorney gets less attention than District Attorney, but as we have seen it’s vitally important. Vince Ryan held the office for three terms before being ousted in the primary by Christian Menefee. Menefee’s overall performance was similar to Ryan’s in 2016 – I’ll get to that in a minute – but as we saw in the previous post that doesn’t mean there can’t be a fair bit of variance. Let’s see where that takes us. Here’s the 2020 breakdown:


Dist     Nation  Menefee  Nation% Menefee%
==========================================
CD02    178,265  154,520   53.57%   46.43%
CD07    149,139  151,213   49.65%   50.35%
CD08     25,809   14,986   63.27%   36.73%
CD09     37,016  119,594   23.64%   76.36%
CD10    102,438   59,410   63.29%   36.71%
CD18     58,121  179,867   24.42%   75.58%
CD22     21,591   20,074   51.82%   48.18%
CD29     48,935  100,744   32.69%   67.31%
CD36     82,457   48,040   63.19%   36.81%
				
SBOE4   104,688  334,552   23.83%   76.17%
SBOE6   380,793  351,322   52.01%   47.99%
SBOE8   218,290  162,575   57.31%   42.69%
				
SD04     55,522   22,733   70.95%   29.05%
SD06     56,939  117,097   32.72%   67.28%
SD07    235,108  171,376   57.84%   42.16%
SD11     76,866   46,710   62.20%   37.80%
SD13     36,807  159,259   18.77%   81.23%
SD15    112,115  194,216   36.60%   63.40%
SD17    115,210  125,384   47.89%   52.11%
SD18     15,204   11,676   56.56%   43.44%
				
HD126    38,751   33,320   53.77%   46.23%
HD127    53,950   35,101   60.58%   39.42%
HD128    48,046   21,796   68.79%   31.21%
HD129    47,571   35,152   57.51%   42.49%
HD130    69,976   32,109   68.55%   31.45%
HD131     9,822   44,446   18.10%   81.90%
HD132    50,540   47,980   51.30%   48.70%
HD133    49,624   36,901   57.35%   42.65%
HD134    46,775   58,410   44.47%   55.53%
HD135    36,489   36,696   49.86%   50.14%
HD137    10,191   20,871   32.81%   67.19%
HD138    31,535   30,924   50.49%   49.51%
HD139    15,325   44,753   25.51%   74.49%
HD140     9,241   21,586   29.98%   70.02%
HD141     6,943	  35,992   16.17%   83.83%
HD142    13,733   41,540   24.85%   75.15%
HD143    11,934   24,039   33.17%   66.83%
HD144    13,762   16,387   45.65%   54.35%
HD145    14,777   26,896   35.46%   64.54%
HD146    11,016   43,379   20.25%   79.75%
HD147    14,738   53,266   21.67%   78.33%
HD148    21,758   36,937   37.07%   62.93%
HD149    21,400   30,636   41.13%   58.87%
HD150    55,873   39,332   58.69%   41.31%
				
CC1      90,530  280,069   24.43%   75.57%
CC2     149,810  143,859   51.01%   48.99%
CC3     224,601  210,646   51.60%   48.40%
CC4     238,830  213,877   52.76%   47.24%
				
JP1      90,035  165,193   35.28%   64.72%
JP2      33,965   48,473   41.20%   58.80%
JP3      51,412   67,741   43.15%   56.85%
JP4     233,642  184,203   55.92%   44.08%
JP5     201,673  214,852   48.42%   51.58%
JP6       7,971   26,993   22.80%   77.20%
JP7      17,824  100,329   15.09%   84.91%
JP8      67,249   40,667   62.32%   37.68%

Menefee scored 54.66% of the vote, better than Ogg by almost a point, and better than Ryan’s 53.72% in 2016 by slightly more. Ryan was consistently an upper echelon performer in his three elections, and that was true in 2016 as well, as only Ogg, Hillary Clinton, and judicial candidate Kelly Johnson had more votes than his 685,075, with those three and Mike Engelhart being the only ones with a larger margin of victory than Ryan’s 95K. Menefee, who collected 848,451 total votes and won by a margin of 145K, was also top tier. His vote total trailed all of the statewide candidates except Chrysta Castaneda and Gisela Triana (one better than Kim Ogg), though his percentage was better than everyone except Joe Biden and Tina Clinton. He outpaced three of the four appellate court candidates (he trailed Veronica Rivas-Molloy) and all but four of the local judicial candidates. His margin of victory was eighth best, behind Biden, Castaneda, two statewide judicials, and three local judicials. (And Ed Gonzalez, but we’ll get to him next.)

Here’s my 2016 precinct analysis post for the County Attorney race, and here’s the relevant data from that year:


Dist    Leitner     Ryan  Leitner%   Ryan%
==========================================
CD02    158,149  113,363    58.25%  41.75%
CD07    135,129  116,091    53.79%  46.21%
CD09     25,714  106,728    19.42%  80.58%
CD10     80,244   36,703    68.62%  31.38%
CD18     46,062  154,354    22.98%  77.02%
CD29     35,312   93,732    27.36%  72.64%
				
SBOE6   331,484  269,022    55.20%  44.80%
				
HD126    34,999   25,571    57.78%  42.22%
HD127    47,719   24,876    65.73%  34.27%
HD128    40,809   17,464    70.03%  29.97%
HD129    41,206   26,677    60.70%  39.30%
HD130    58,268   21,630    72.93%  27.07%
HD131     6,719   39,011    14.69%  85.31%
HD132    37,294   30,571    54.95%  45.05%
HD133    46,509   28,002    62.42%  37.58%
HD134    42,937   44,634    49.03%  50.97%
HD135    31,651   27,468    53.54%  46.46%
HD137     8,661   17,869    32.65%  67.35%
HD138    26,893   23,486    53.38%  46.62%
HD139    11,874   39,721    23.01%  76.99%
HD140     6,316   20,762    23.33%  76.67%
HD141     4,969   32,887    13.13%  86.87%
HD142    10,179   34,249    22.91%  77.09%
HD143     8,745   23,486    27.13%  72.87%
HD144    10,725   16,024    40.09%  59.91%
HD145    10,858   22,921    32.14%  67.86%
HD146     9,532   38,323    19.92%  80.08%
HD147    11,719   45,087    20.63%  79.37%
HD148    17,529   29,206    37.51%  62.49%
HD149    15,405   27,290    36.08%  63.92%
HD150    48,085   26,950    64.08%  35.92%
				
CC1      70,740  240,579    22.72%  77.28%
CC2     123,739  124,368    49.87%  50.13%
CC3     188,415  160,213    54.04%  45.96%
CC4     206,707  158,990    56.52%  43.48%

Kim Ogg did slightly better in the districts in 2016 than Vince Ryan did (most notably in CD02, though Ryan outdid her in HD134), which is what you’d expect given her overall better performance. In a similar fashion, Menefee did slightly better in the districts than Ogg did, as expected given his superior totals. He won CD07 by a thousand more votes than Ogg did, and carried HD135 where Ogg did not. He lost CC2 by two points and 6K votes, while Ogg lost it by four points and 12K votes. His lead in CD29 was 6K smaller than Ryan’s was, while Ogg lost 10K off of her lead in CD29 from 2016.

Overall, Menefee improved on Ryan’s 2016 totals, and made larger gains than Ogg did over her 2016 numbers. Like Ogg, he lost ground in the Latino districts – CD29, HD140, HD143, HD144, CC2 – but not by as much. He had higher vote totals in the Latino State Rep districts, though by small amounts in HDs 140, 143, and 144, and increased the lead over what Ryan had achieved in HDs 145 and 148. Like Ogg, he also lost ground in HD149, going from a 12K lead to a 9K lead, and in HD128, going from a 23K deficit to a 27K deficit (Ogg went from down 21K to down 27K). He gained ground in HD127 (from down 23K to down 19K; Ogg stayed roughly the same) and lost only about a thousand net votes in HD130 as Ogg went from down 34K to down 39K. He posted strong gains in HD126 (down 9K to down 5K), HD133 (down 18K to down 13K), and HD150 (down 21K to down 16K).

On the whole, a very strong initial performance by Menefee. As I said, County Attorney is generally a lower-profile job than District Attorney and Sheriff, but between bail reform, the multiple election lawsuits, and the forthcoming Republican legislative assault on local control, there should be many chances for Menefee to make statements about what he does and can do. He’ll have a solid chance to build on what he did this year when he’s next up for election.

There is a website for COVID vaccine signups in Houston

You can’t use it right now, but it’s there.

Houston’s Health Department launched an online portal for residents to apply for an appointment at its COVID-19 vaccine clinic Monday but quickly ran out of available slots for the remainder of the month.

“The response to Houston’s first COVID-19 vaccine clinic was massive, quickly filling the appointment slots for the department’s current vaccine allocation,” Mayor Sylvester Turner said at a City Hall news conference where he was about to get his own shot in the arm.

“The vaccine clinic appointments are booked for the rest of this month, and the department is not taking additional appointments at this time.”

Turner said the city is working to set up additional sites and create additional capacity, although it is unclear when new appointments will be available. Turner said the city hopes to open a “mega site” on Saturday.

The portal, available at houstonemergency.org/covid-19-vaccines, added another way for qualifying residents to book for an appointment. A hotline also is available at 832-393-4220.

The city clinic vaccinated nearly 2,000 residents with the Moderna vaccine in two days. It is accepting residents from the first two phases of the state’s distribution plan, which include front-line emergency workers, people 65 and older, and those over 16 with certain high-risk health conditions.

It’s a good start, but at 2K shots a day, we’re talking two years to get to 75% distribution in the city. We’d like to go a little faster than that. Obviously, the city is limited by how much vaccine it can get, as well as the state regulations. Harris County had its own rough rollout thanks to confusion over who was allowed to sign up. On that first front at least, help is on the way, so maybe in another month or two we’ll see much higher numbers. And at least there is now a central location for this for Houston residents, something that had been sorely lacking before.

There’s some more vaccine coming to Texas, but it’s still not a lot.

On Monday, state health officials announced that 325,000 additional vaccine doses would be getting into the hands of 949 providers in 158 Texas counties over the next week, part of the first round of vaccinations for front-line health workers as well as nursing home residents, Texans over 65 and those with certain medical conditions, among others. Some 121,875 doses are earmarked for long-term care facilities such as nursing homes and assisted-living centers.

But with the number of vaccine doses available still falling far short of what’s needed to cover those who are eligible — and with state officials pushing hospitals and other providers to administer vaccine doses that the providers say they don’t have, aren’t sure are coming or have already administered — confusion and frustration have surrounded the initial few weeks of the vaccination rollout.

Providers have 24 hours to report their vaccination statistics to the Department of State Health Services, and the agency updates its numbers each afternoon with data reported by midnight the day before, so the state’s numbers could lag up to two days behind the reality on the ground.

Officials from the White House down to local doctors have warned that it would take months to have vaccine doses available to everyone who wants one.

“The problem is unrealistic expectations based on the reality on the ground,” said Marshall Cothran, CEO of the Travis County Medical Society, which received 700 doses through a local partnership and had them all scheduled within 48 hours for physicians and staff who are not affiliated with hospitals or other care organizations.

With the new shipments this week, the state has been allotted a total of 1.5 million doses through the first four weeks of distribution, officials said Monday. Providers in 214 of the state’s 254 counties will have received shipments by the end of the week, health officials said.

Some 793,625 doses had been received by providers by midnight Sunday, according to the Texas Department of Health Services.

Of those, 414,211 — just over half of those delivered — had been administered, according to the agency’s dashboard.

Hardesty said the nearly 16,000 doses his facility received are being administered “fast and furiously,” and about 10,000 people have gotten their first dose, with second doses to start in the next week.

“We’re giving them as quickly as we can,” he said.

I don’t doubt that, but let’s be clear that 1.5 million doses is five percent of the state’s population, and that 414K is just a bit more than one percent. Seven hundred doses for Travis County, with 1.3 million people, is a drop in the bucket. If you vaccinated 700 people a day in Travis County, it would take you six years to get everyone. In the end, this won’t take anywhere near that long, but we are talking months, and in the meantime the hospitals are also dealing with an insane surge in new cases. I can’t emphasize enough how much we needed to keep a lid on this, and how badly we failed at that.

Anyway. Here was the Harris County website for vaccine registration, which is still up but doesn’t have any method for signing up for a COVID shot at this time. Dallas County has its own website, while Bexar County had a similar experience as Houston did. It will get better, I’m sure, but the early days are going to be chaotic.

Precinct analysis: District Attorney 2020 and 2016

Introduction
Congressional districts
State Rep districts
Commissioners Court/JP precincts
Comparing 2012 and 2016
Statewide judicial
Other jurisdictions
Appellate courts, Part 1
Appellate courts, Part 2
Judicial averages
Other cities

We move on now to the county executive office races for Harris County in 2020, which will be the end of the line for Harris County precinct analyses. I do have a copy of the Fort Bend canvass, though they do theirs in an annoyingly weird way, and will try to put something together for them after I’m done with this batch. With the four executive offices that were on the ballot for their regular election in 2020 – District Attorney, County Attorney, Sheriff, and Tax Assessor – we can not only view the data for this year, but do a nice comparison to 2016, since three of the four Democrats were running for re-election. We begin with the office of District Attorney:


Dist   Huffman      Ogg   Huffman%    Ogg%
==========================================
CD02   181,395  153,831     54.11%  45.89%
CD07   151,171  152,168     49.84%  50.16%
CD08    26,099   14,788     63.83%  36.17%
CD09    38,774  118,363     24.68%  75.32%
CD10   104,070   58,639     63.96%  36.04%
CD18    61,750  177,517     25.81%  74.19%
CD22    21,915   20,050     52.22%  47.78%
CD29    51,805   98,693     34.42%  65.58%
CD36    83,428   47,862     63.54%  36.46%
				
SBOE4  112,135  329,155     25.41%  74.59%
SBOE6  386,230  351,903     52.33%  47.67%
SBOE8  222,042  160,854     57.99%  42.01%
				
SD04    56,181   22,546     71.36%  28.64%
SD06    60,192  114,828     34.39%  65.61%
SD07   238,787  169,996     58.41%  41.59%
SD11    77,642   46,770     62.41%  37.59%
SD13    39,376  157,461     20.00%  80.00%
SD15   116,146  192,255     37.66%  62.34%
SD17   116,482  126,617     47.92%  52.08%
SD18    15,601   11,441     57.69%  42.31%
				
HD126   39,478   33,020     54.45%  45.55%
HD127   55,071   34,468     61.51%  38.49%
HD128   48,573   21,680     69.14%  30.86%
HD129   48,042   35,285     57.65%  42.35%
HD130   70,936   31,731     69.09%  30.91%
HD131   10,680   43,720     19.63%  80.37%
HD132   51,619   47,325     52.17%  47.83%
HD133   50,014   37,668     57.04%  42.96%
HD134   47,324   59,450     44.32%  55.68%
HD135   37,256   36,324     50.63%  49.37%
HD137   10,453   20,788     33.46%  66.54%
HD138   31,908   30,922     50.78%  49.22%
HD139   16,318   44,125     27.00%  73.00%
HD140    9,831   21,145     31.74%  68.26%
HD141    7,624   35,399     17.72%  82.28%
HD142   14,736   40,758     26.55%  73.45%
HD143   12,636   23,549     34.92%  65.08%
HD144   14,258   16,030     47.07%  52.93%
HD145   15,480   26,476     36.90%  63.10%
HD146   11,608   43,070     21.23%  78.77%
HD147   15,669   52,711     22.91%  77.09%
HD148   22,652   36,721     38.15%  61.85%
HD149   21,576   30,596     41.36%  58.64%
HD150   56,664   38,952     59.26%  40.74%
				
CC1     95,557  277,035     25.65%  74.35%
CC2    153,715  141,830     52.01%  47.99%
CC3    227,974  210,631     51.98%  48.02%
CC4    243,161  212,418     53.37%  46.63%
				
JP1     93,091  164,781     36.10%  63.90%
JP2     35,099   47,838     42.32%  57.68%
JP3     53,148   66,595     44.39%  55.61%
JP4    238,031  181,915     56.68%  43.32%
JP5    204,724  214,657     48.82%  51.18%
JP6      8,739   26,466     24.82%  75.18%
JP7     19,549   99,068     16.48%  83.52%
JP8     68,026   40,594     62.63%  37.37%

Here’s the same data from 2016. I’m going to reprint the table below and then do some comparisons, but at a macro level, Kim Ogg was the second-most successful candidate in Harris County in 2016. Her 696,955 votes and her 108,491-vote margin of victory were second only to Hillary Clinton. Ogg received 54.22% of the vote in 2016. She fell a little short of that percentage in 2020, garnering 53.89% of the vote this year, while increasing her margin to 121,507 votes. She was more middle of the pack this year, as the overall Democratic performance was up from 2016. She trailed all of the statewide candidates in total votes except for Gisela Triana, who was less than 300 votes behind her, though her percentage was higher than all of them except Joe Biden and the three Court of Criminal Appeals candidates. She had fewer votes than three of the four appellate court candidates (she was exactly nine votes behind Jane Robinson), but had a higher percentage than three of the four. Among the district and county court candidates, Ogg had more votes and a higher percentage than seven, more votes but a lower percentage than two, and fewer votes and a lower percentage than six.

(Writing all that out makes me think it was Republicans who were skipping judicial races more than Democrats. In the race immediately above DA, Democrat Julia Maldonado got 3,354 more votes than Ogg, but Republican Alyssa Lemkuil got 17,325 fewer votes than Mary Nan Huffman. In the race immediately after DA, Democrat Lesley Briones got 14,940 more votes than Ogg, but Republican Clyde Leuchtag got 30,357 fewer votes than Huffman. That sure looks like less Republican participation to me.)

Here’s the district breakdown for the DA race from 2016. It’s not as comprehensive as this year’s, but it’s good enough for these purposes.


Dist  Anderson      Ogg  Anderson%    Ogg%
==========================================
CD02   156,027  117,810     56.98%  43.02%
CD07   135,065  118,837     53.20%  46.80%
CD09    26,881  106,334     20.18%  79.82%
CD10    78,602   38,896     66.90%  33.10%
CD18    47,408  154,503     23.48%  76.52%
CD29    36,581   93,437     28.14%  71.86%
				
SBOE6  328,802  277,271     54.25%  45.75%
				
HD126   34,499   26,495     56.56%  43.44%
HD127   46,819   26,260     64.07%  35.93%
HD128   39,995   18,730     68.11%  31.89%
HD129   40,707   27,844     59.38%  40.62%
HD130   57,073   23,239     71.06%  28.94%
HD131    7,301   38,651     15.89%  84.11%
HD132   36,674   31,478     53.81%  46.19%
HD133   46,242   29,195     61.30%  38.70%
HD134   43,962   45,142     49.34%  50.66%
HD135   31,190   28,312     52.42%  47.58%
HD137    8,728   18,040     32.61%  67.39%
HD138   26,576   24,189     52.35%  47.65%
HD139   12,379   39,537     23.84%  76.16%
HD140    6,613   20,621     24.28%  75.72%
HD141    5,305   32,677     13.97%  86.03%
HD142   10,428   34,242     23.34%  76.66%
HD143    9,100   23,434     27.97%  72.03%
HD144   10,758   16,100     40.06%  59.94%
HD145   11,145   22,949     32.69%  67.31%
HD146   10,090   38,147     20.92%  79.08%
HD147   12,156   45,221     21.19%  78.81%
HD148   17,538   29,848     37.01%  62.99%
HD149   15,352   27,535     35.80%  64.20%
HD150   47,268   28,160     62.67%  37.33%
				
CC1     73,521  240,194     23.44%  76.56%
CC2    123,178  126,996     49.24%  50.76%
CC3    187,095  164,487     53.22%  46.78%
CC4    204,103  164,355     55.39%  44.61%

The shifts within districts are perhaps more subtle than you might think. A few stand out – CD07 goes from a 6.4 point win for Devon Anderson in 2016 to a narrow Ogg win in 2020, powered in large part by a ten-point shift in Ogg’s favor in HD134. On the flip side, Ogg carried CC2 by a point and a half in 2016 but lost it by four points in 2020, as her lead in CD29 went from 43 points to 31 points. Overall, Ogg saw modest gains in Republican turf – CD02, HD126, HD133, HD150, CC3, CC4 – and some Democratic turf – CD18, HD146, HD147, HD148, CC1 – and some modest losses in each – CD10, CD29, HD128, HD140, HD143, HD144, HD145, CC2.

In a lot of places, the percentages went one way or the other, but the gap in total votes didn’t change. CD09 is a good example of this – Ogg won it by 80K votes in each year, but with about 24K more votes cast in 2020, split evenly between her and Huffman, that lowered her percentage by four points. Same thing in HD127, which Ogg lost by 20,559 in 2016 and 20,603 in 2020, but added three percentage points because 16K more votes were cast. In the three Latino State Rep districts cited above, Ogg had more votes in 2020 in HD140, HD143, and HD145 than she did in 2016 – she had 70 fewer votes in HD144 – but her improvements in the first two districts were in the hundreds, while Huffman outperformed Anderson by 2,300 in HD140, by 3,500 in HD143, and by 3,500 in HD144; Huffman improved by 4,300 in HD145 while Ogg added 3,500 votes. As we’ve discussed before, it will be interesting to see how these districts perform going forward, and in lower-turnout scenarios.

So we see some changes in where the vote was, with Ogg building a bit on 2016, in the same way that Joe Biden built a bit on what Hillary Clinton did in 2016. As I write this, I haven’t actually taken this close a look at the district changes in the other county races, so we’ll learn and discover together. I think we can expect that some of this behavior is mirrored elsewhere, but this is the only race with an incumbent running for re-election who did basically as well as they had done before, so the patterns may be a little harder to discern. But that’s what makes this exercise so interesting each cycle. Let me know what you think.

It still looks grim in the Houston area

Brace yourselves.

As Houston left 2020 in the rearview mirror, the coronavirus continued to spread throughout the region unchecked, with some of the highest positivity rates since the start of the pandemic.

And that spike will only continue to climb, experts warn, because the numbers do not take into account additional surges tied to holiday gatherings from Christmas and New Year’s celebrations. The pandemic has already claimed the lives of more than 4,600 people from Greater Houston.

The positive test rate statewide hit a record Friday at 21.15 percent, according to a Houston Chronicle review — surpassing the previous high mark, 20.55 percent, in July.

“It’s looking bad,” said Dr. Peter Hotez, a professor and dean of the National School of Tropical Medicine at Baylor College of Medicine. “We still haven’t seen the full impact of what’s happened after Christmas and New Year’s, so you know it won’t get better — it’s only going to get worse.”

The positivity rate and hospitalization capacity data are such that more businesses will have to shut down, and others will have to reduce capacity, under Greg Abbott’s executive order. You’d think, given how much he hates the idea of shutting anything down, that Abbott would be working extra hard to get people to wear masks and observe social distancing and so on, but you’d be wrong.

As for the vaccination effort, that remains its own challenge.

Mayor Sylvester Turner on Friday announced the opening of a public clinic that will administer doses of the Moderna vaccine. Health care workers, people over 65 and people with serious underlying health conditions are eligible and must make an appointment by calling 832-393-4220 between 7:30 a.m. and 4:30 p.m. starting Saturday.

But Hotez warned that Harris County and others across Texas face a “daunting” challenge to vaccinate enough people to neutralize the virus’ danger.

In Harris County, public health authorities will have to ramp up a vaccine distribution program to administer the medicine to some 500,000 residents a month, he said — a volume that the Texas Medical Center and other hospitals, clinics and medical practices aren’t equipped to handle.

“We’re not anywhere close to that,” he said.

Instead, the county should consider opening vaccination centers at places such as NRG Stadium or the George R. Brown Convention Center, he said.

“If we can just gear up to get people vaccinated, then nobody has to lose their lives from COVID-19,” he said.

Understand that even at 500K a month, it will take nearly ten months to vaccinate everyone in Harris County. Even if all we “need” is 75% of the people to be vaccinated, we’re still looking at seven months. This is going to take awhile, and we need to stay on the defensive until then.

Astrodome renovation officially on hold

Not a surprise, given everything that is going on right now.

Still here

The COVID-19 pandemic upended most aspects of normal life, but this year has clutched dearly to one bit of normalcy for Houston residents: inaction on the Astrodome.

For 12 years, the architectural triumph that put Houston on the map — or the past-its-prime hunk of steel and cement, depending on who you ask — has sat, largely abandoned off Loop 610. Harris County Commissioners Court in 2018 approved a $105 million plan to transform the facility into a parking garage and event venue.

Two years later, work has barely begun. The project is on hold indefinitely and its funding sources have dried up. Fans of the dome must face a hard truth: This plan to renovate the building appears doomed.

“The only construction we’ve done is removal of asbestos and demolition work to enable that,” County Engineer John Blount said. “There’s been no real construction toward building the parking structure.”

There are two reasons for what elected officials do or not do: money and politics. The current Astrodome plan strikes out on both, the county’s current leaders say.

Former County Judge Ed Emmett was one of the most vocal proponents of renovating the dome, which the Republican argued would be ludicrous to demolish since it is structurally sound and already paid for by the county.

Even though voters in 2013 rejected a $217 million bond proposal to convert the 55-year-old structure into event and exhibit space, Emmett convinced his colleagues to support the current, pared-down version in 2018, which he hoped to see through to its completion.

Nine months later, however, his re-election bid was denied in a stunning upset by Lina Hidalgo, who helped Democrats flip Harris County Commissioners Court for the first time in a generation. She immediately put the project on hold, concerned the project did not make fiscal sense.

Hidalgo, who was in middle school the last time the Dome hosted an event in the early 2000s, does not share the same enthusiasm for revitalizing the landmark as her predecessor. With an agenda to radically change how county government interacts with residents, through increased spending on social programs and infrastructure, Hidalgo has never seen the Astrodome as a pressing issue.

Hidalgo recognizes the Dome’s place in history but looks at the issue through the lens of what is best for the community, spokesman Rafael Lemaitre said.

“She’s not opposed to working to find ways to bring it to life, and we’ve been in touch with nonprofits on that,” Lemaitre said. “But right now, we can’t justify prioritizing putting public dollars or governing on it.”

[…]

Beth Wiedower Jackson, president of the Astrodome Conservancy, acknowledges there is little chance construction resumes on the 2018 plan. She said Hidalgo has said she is open to a new proposal, and agrees with the nonprofit that a repurposed Dome should produce a revenue stream for Harris County.

Jackson said that while the conservancy does not yet have a budget in mind, the group has begun searching for private funding partners and hopes to present a more expansive plan to Commissioners Court in 18 to 24 months. While frustrating to start over, she said the group instead views it as an opportunity.

“It is prudent to stop and push pause and re-center this project as many times as we need to,” Jackson said. “Do we have an opportunity now to think bigger, and more holistically, and greener and smarter about what it looks like? Hell yes. That’s exciting for us.”

The last mention I had of the Astrodome was September 2019 (“on hold for now”), and before that was January 2019 and October 2018, when Ed Emmett was still County Judge and we were looking at a March 2019 start to further construction. I wasn’t born here and don’t have the emotional connection to the Dome that some people do, but I support the Emmett-produced 2018 plan for the Dome, and agree with the assessment that the best thing to do is to find some use for it. I also agree that the county has much bigger priorities right now than this, and it won’t hurt anything to put it all on the back burner for the next year or so, when we are hopefully out of the current pandemic hole we are now in. If the plan has shifted by then from the Emmett plan to something that offloads most of the funding and responsibility to non-profits, that’s fine too. Even if we’d been working on the Emmett plan all along, it’s not like we’d have been doing anything with the Dome this year anyway. We’ll get back to it when it makes more sense to do so.

Do we still have to worry about the Elections Administrator’s office?

I’m a little hesitant to bring this up, but…

Isabel Longoria

This year, Harris County began the process of consolidating the two offices that have historically handled elections — the county clerk and the tax assessor-collector’s office — under one roof.

Isabel Longoria, a special advisor on voting rights to the county clerk, was sworn in to lead the new office last month.

“Fundamentally the office is shifting from being reactive to proactive,” Longoria told the Signal. “Under the tax office and county clerk offices, since elections and voter registration were just one part of what they did, it was always kind of like, ‘oh shit elections are coming, now what’ or ‘oh shit, we’ve got to register voters, now what’ — now we have the capacity to say that this is our focus year-round.”

Harris County voters are already benefiting from some new practices, some they can see and some they can’t. Election results in the county are now updating every thirty minutes, and behind the scenes, election officials are working more closely together. For example, Longoria said the heads of both the voter registration and elections department were in the same room at NRG on election day.

[…]

Earlier this month, Texas Attorney General Ken Paxton sent a letter to Harris County informing them that Longoria’s newly created office did not exist. Paxton argued that the county violated Texas election code by creating the office without the proper timing and without appropriately informing the Texas Secretary of State. He gave the county two weeks to take “corrective action” before his office would intervene.

Harris County Commissioners Court was unmoved by the threat, the county attorney replied to Paxton detailing the paperwork, and nothing has come of it since. And business as usual has continued at the elections administrator’s office, Longoria said.

“I think he just wanted to make sure we filed our paperwork, and we did,” Longoria said. “That’s it. It’s one of those things where… yeah… nothing happened.”

That story was published on December 14, right after the District B runoff, which was the first election fully administered by the new office. It was also two weeks after Ken Paxton’s temper tantrum about the slow notification of the office’s creation and the appointment of Longoria as the chief. It’s now been four weeks since Paxton raised the possibility of taking Harris County to court if they didn’t take “corrective action” within two weeks. I guess Vince Ryan’s email to Paxton settled the matter, which suggests that maybe Paxton was making a much bigger deal over a minor boo-boo than he needed to make. Of course, he’s been a pretty busy man since then, what with being raided by the FBI and trying to overturn the election and all, so maybe he just hasn’t gotten back around to this. Sometimes these things just take longer than you think they will, you know?

Precinct analysis: Other cities

Introduction
Congressional districts
State Rep districts
Commissioners Court/JP precincts
Comparing 2012 and 2016
Statewide judicial
Other jurisdictions
Appellate courts, Part 1
Appellate courts, Part 2
Judicial averages

I mentioned in an earlier post that I might look at election results from other cities that had their own races in November. Turns out there were quite a few of them that had their elections conducted by Harris County, and thus had their results in the spreadsheet I got. Let’s have a look.


City            Trump  Biden  Lib  Grn  Trump%  Biden%   Lib%   Grn%
====================================================================
Baytown         3,879  2,394   55   21  61.10%  37.71%  0.87%  0.33%
Bellaire        4,553  6,565  115   29  40.43%  58.29%  1.02%  0.26%
Deer Park      11,192  3,622  167   39  74.51%  24.11%  1.11%  0.26%
Friendswood     5,312  4,357  144   24  54.00%  44.29%  1.46%  0.24%
Galena Park     1,026  1,614   18    9  38.47%  60.52%  0.67%  0.34%
Humble          5,084  6,274  107   53  44.14%  54.47%  0.93%  0.46%
Katy            4,373  1,918   82   17  68.44%  30.02%  1.28%  0.27%
La Porte       11,561  5,036  201   69  68.54%  29.86%  1.19%  0.41%
League City     1,605  1,196   38    4  56.45%  42.07%  1.34%  0.14%
Missouri City     457  2,025    8    8  18.29%  81.06%  0.32%  0.32%
Nassau Bay      1,433  1,003   32    4  57.97%  40.57%  1.29%  0.16%
Pearland        5,397  7,943   84   32  40.11%  59.03%  0.62%  0.24%
Seabrook        5,532  2,768  104   21  65.66%  32.85%  1.23%  0.25%
Webster         4,594  4,850  159   33  47.68%  50.33%  1.65%  0.34%

City           Cornyn  Hegar  Lib  Grn Cornyn%  Hegar%   Lib%   Grn%
====================================================================
Baytown         3,814  2,255  119   49  61.15%  36.16%  1.91%  0.79%
Bellaire        5,312  5,762   93   48  47.37%  51.38%  0.83%  0.43%
Deer Park      11,098  3,355  269   90  74.93%  22.65%  1.82%  0.61%
Friendswood     5,380  4,009  221   74  55.56%  41.40%  2.28%  0.76%
Galena Park       892  1,408   40   42  37.45%  59.11%  1.68%  1.76%
Humble          5,098  5,927  233   98  44.89%  52.19%  2.05%  0.86%
Katy            4,401  1,749  129   40  69.65%  27.68%  2.04%  0.63%
La Porte       11,361  4,743  365  108  68.53%  28.61%  2.20%  0.65%
League City     1,654  1,099   39   18  58.86%  39.11%  1.39%  0.64%
Missouri City     458  1,934   38   25  18.66%  78.78%  1.55%  1.02%
Nassau Bay      1,471    928   43   12  59.94%  37.82%  1.75%  0.49%
Pearland        5,432  7,551  190  113  40.89%  56.83%  1.43%  0.85%
Seabrook        5,561  2,545  190   43  66.69%  30.52%  2.28%  0.52%
Webster         4,625  4,541  230   82  48.80%  47.91%  2.43%  0.87%

City           Wright  Casta  Lib  Grn Wright%  Casta%   Lib%   Grn%
====================================================================
Baytown         3,681  2,306  129   51  59.02%  36.97%  2.07%  0.82%
Bellaire        5,227  5,444  142  115  46.61%  48.54%  1.27%  1.03%
Deer Park      10,894  3,355  294  109  73.55%  22.65%  1.98%  0.74%
Friendswood     5,216  3,901  253  155  53.86%  40.28%  2.61%  1.60%
Galena Park       801  1,478   45   42  33.63%  62.05%  1.89%  1.76%
Humble          4,872  5,962  247  156  42.90%  52.50%  2.18%  1.37%
Katy            4,365  1,677  141   74  69.08%  26.54%  2.23%  1.17%
La Porte       11,057  4,773  393  175  66.70%  28.79%  2.37%  1.06%
League City     1,616  1,069   49   38  57.51%  38.04%  1.74%  1.35%
Missouri City     421  1,944   38   34  17.15%  79.19%  1.55%  1.38%
Nassau Bay      1,417    898   60   28  57.74%  36.59%  2.44%  1.14%
Pearland        5,205  7,571  189  172  39.18%  56.98%  1.42%  1.29%
Seabrook        5,477  2,439  232   83  65.68%  29.25%  2.78%  1.00%
Webster         4,488  4,416  283  165  47.35%  46.59%  2.99%  1.74%

A few words of caution before we begin. Most of these city races were at large – they were for Mayor or were citywide propositions (some of these towns had literally an entire alphabet’s worth of props for the voters), a few were At Large City Council races. Baytown, Katy, and Webster were City Council races that did not appear to be at large; League City had a Council race that didn’t give any indication one way or the other. Some of these cities – Friendswood, Katy, League City, Missouri City, and Pearland – are not fully contained within Harris County, so these are just partial results. As with the city of Houston, there’s no guarantee that Harris County precinct boundaries match city boundaries, or that precincts are contained entirely within that city, so the results from the other races may contain voters who aren’t in the city specified. Basically, consider these all to be approximations, and we’ll be fine.

I had no idea what to expect from these numbers. With the exception of Bellaire and Galena Park, all of these place are on the outer edges of Harris County, so generally in the red zone, but not exclusively. I expected Galena Park and Missouri City to be blue, I expected Baytown and Deer Park and Friendswood to be red, and the rest I either didn’t have any preconceived notions or was a little surprised. I wouldn’t have expected Bellaire or Humble to be blue – Bellaire is squarely in the CD07/HD134 part of town, so while it’s not all that shocking, I feel quite confident saying that if I did this same exercise in 2012, I’d have gotten a different result. The Katy area is getting bluer, which is how Dems won HD132 in 2018, but apparently that is not the case for the city of Katy proper, or at least the Harris County part of it. I’d guess the Brazoria County part of Pearland is redder than the Harris County part. As for La Porte, it’s not that I’m surprised that it’s red, it’s more that I’d never thought much about it.

I don’t have a whole lot more to say here – I don’t have past data handy, so I can’t make any comparisons, but even if I did we already mostly have the picture from earlier posts. It’s the same geography, just different pieces of it. There’s been a push by the TDP lately to get more local officials elected in towns like these, which is often a challenge in low-turnout May elections. There clearly some opportunities, though, and we should look to support candidates who put themselves out there in places where they’re not the norm. I have a friend who ran for Humble ISD in 2017, and while she didn’t win, that’s the sort of effort we need to get behind. Keep an eye out for what you can do this May, and find some good people to work with.

A new high in hospitalizations

This is fine.

The Texas Department of State Health Services reported Monday a pandemic high 11,351 hospitalizations from COVID-19.

This surpasses the previous all-time high of 10,893, which occurred on July 22.

The record comes in the midst of a holiday season public health experts worry could exacerbate the already rapidly spreading virus and following an increase in cases weeks after Thanksgiving.

This hospital data does not account for people who are hospitalized but have not gotten a positive test, and DSHS says some hospitals may be missing from the daily counts. As of Monday, the state is also reporting 49 deaths from COVID-19, a lagging indicator of the extent of transmission rates, and more than 12,800 new confirmed COVID-19 cases. Reported cases may have appeared lower the last few days because some local health departments did not report data to the state over the holiday week.

Earlier this month, Texas’ ICU capacity was already the lowest since the start of the pandemic, leaving health care experts worried hospitals could be pushed to the brink as coronavirus cases continue to climb. Across the state, COVID-19 patients occupy 17.8% of the state’s hospital beds, and only 745 staffed ICU beds are still available.

At a press conference Monday, Mark Escott, Austin’s interim medical director and health authority, said that this week alone, “ICU utilization” is up 62% in Travis County and that hospital beds could become scarce in a matter of weeks.

“Our projections forward into the new year continue to look worse and worse day after day,” Escott said. “I think right now it appears we’re going to enter 2021 in a state of emergency.”

This is fine:

This is fine:

Dr. Peter Hotez, professor and dean of the National School of Tropical Medicine at Baylor College of Medicine, said he anticipated a major fall surge amid a wave of new infections in West Texas and the Panhandle.

Those areas are among the hardest hit in the country, he said.

“Up in Midland and places like that, it’s still a really tough area,” he said, adding, “In terms of surges, I’m maybe a little less worried about the Texas Medical Center. But in other parts of the state, it’s going to be a real concern.”

There are 745 ICU beds available across the state, according to data from the Department of State Health Services, the lowest number available since the pandemic’s surge during the summer. Among 63,679 staffed hospital beds, 13,416 are available statewide.

Further, 15 of the state’s Trauma Service Areas are reporting that more than 15 percent of their total hospital capacity is taken up by COVID-19 patients, crossing the threshold for what the state considers “high hospitalizations.”

At the Texas Medical Center, the weekly average of new COVID patients has more than doubled since early November, from 104 to 248. Medical center data from Sunday shows 1,594 total COVID patients and another 404 in the ICU. There are 1,298 total occupied ICU beds with hundreds more available, the data shows.

“The medical center has gotten a lot of heft, in terms of being able to accommodate COVID patients,” Hotez said.

[…]

The sporadic use of masks has contributed to the surge, said Hotez, adding that he doesn’t anticipate the number of statewide hospitalizations decreasing anytime soon. He noted that the number of beds is less of a concern than the number of trained staff available.

Hotez said he did not know how much Christmas gatherings would impact the number of infections. But he warned people that New Year’s celebrations would be the “best party the COVID virus can hope to have.”

“I would just say any kind of New Year’s celebration is fraught with risk ,” he said. “Because when you have this high level of transmission going on in the state, anytime you bring four or five people together, there’s a good likelihood they’re going to have COVID.”

I’m really scared for what the next few weeks may bring. Wear your mask, practice social distancing, avoid indoor gatherings, and try to survive until you can get vaccinated.

Precinct analysis: The judicial averages

Introduction
Congressional districts
State Rep districts
Commissioners Court/JP precincts
Comparing 2012 and 2016
Statewide judicial
Other jurisdictions
Appellate courts, Part 1
Appellate courts, Part 2

As you know, I use the average totals and percentages from local judicial races as my go-to metric for determining partisan indexes for each district. That’s because these are two-candidate races, and generally speaking people vote in them on the party label and not on detailed knowledge of the individual candidates. I’ve looked at this data in various ways over the years – in 2018, it was all about undervoting, as my contribution to the deeply annoying great straight-ticket voting debate. This year, I just want to provide as comprehensive a look as I can at what the partisan index of each district is, so without further ado here are the averages and minimum/maximum values for each district:


Dist    Avg R    Avg D  Avg R%  Avg D%
======================================
CD02  180,657  152,260  54.26%  45.74%
CD07  152,705  147,943  50.79%  49.21%
CD08   25,930   14,830  63.62%  36.38%
CD09   37,855  119,136  24.11%  75.89%
CD10  103,043   58,975  63.60%  36.40%
CD18   59,751  178,574  25.07%  74.93%
CD22   21,796   19,965  52.19%  47.81%
CD29   49,285  100,975  32.80%  67.20%
CD36   82,990   47,534  63.58%  36.42%
				
SBOE4 106,801  333,572  24.25%  75.75%
SBOE6 387,513  345,132  52.89%  47.11%
SBOE8 219,698  161,490  57.64%  42.36%
				
SD04   55,837   22,370  71.40%  28.60%
SD06   57,502  117,156  32.92%  67.08%
SD07  236,992  169,822  58.26%  41.74%
SD11   77,482   46,126  62.68%  37.32%
SD13   38,020  158,384  19.36%  80.64%
SD15  114,322  192,386  37.27%  62.73%
SD17  118,535  122,335  49.21%  50.79%
SD18   15,323   11,618  56.88%  43.12%
				
HD126  39,112   33,088  54.17%  45.83%
HD127  54,309   34,783  60.96%  39.04%
HD128  48,197   21,688  68.97%  31.03%
HD129  48,127   34,606  58.17%  41.83%
HD130  70,364   31,748  68.91%  31.09%
HD131  10,092   44,290  18.56%  81.44%
HD132  50,934   47,797  51.59%  48.41%
HD133  50,892   35,660  58.80%  41.20%
HD134  49,172   56,015  46.75%  53.25%
HD135  36,694   36,599  50.07%  49.93%
HD137  10,422   20,732  33.45%  66.55%
HD138  31,922   30,597  51.06%  48.94%
HD139  15,711   44,501  26.09%  73.91%
HD140   9,326   21,677  30.08%  69.92%
HD141   7,106   35,937  16.51%  83.49%
HD142  13,933   41,496  25.14%  74.86%
HD143  11,999   24,126  33.21%  66.79%
HD144  13,786   16,469  45.57%  54.43%
HD145  14,992   26,765  35.90%  64.10%
HD146  11,408   43,008  20.96%  79.04%
HD147  15,323   52,737  22.51%  77.49%
HD148  22,392   36,300  38.15%  61.85%
HD149  21,640   30,536  41.47%  58.53%
HD150  56,160   39,038  58.99%  41.01%
				
CC1    93,365  277,707  25.16%  74.84%
CC2   150,891  143,324  51.29%  48.71%
CC3   228,295  207,558  52.38%  47.62%
CC4   241,461  211,606  53.29%  46.71%
				
JP1    93,441  162,045  36.57%  63.43%
JP2    34,172   48,572  41.30%  58.70%
JP3    51,782   67,626  43.37%  56.63%
JP4   235,236  182,956  56.25%  43.75%
JP5   204,805  212,367  49.09%  50.91%
JP6     8,152   26,921  23.24%  76.76%
JP7    18,654   99,583  15.78%  84.22%
JP8    67,769   40,125  62.81%  37.19%


Dist    Max R    Min D  Max R%  Min D%
======================================
CD02  185,931  148,006  55.68%  44.32%
CD07  159,695  144,247  52.54%  47.46%
CD08   26,439   14,393  64.75%  35.25%
CD09   40,013  116,625  25.54%  74.46%
CD10  105,177   57,133  64.80%  35.20%
CD18   63,096  174,763  26.53%  73.47%
CD22   22,436   19,262  53.81%  46.19%
CD29   55,680   94,745  37.02%  62.98%
CD36   84,840   45,634  65.02%  34.98%
				
SBOE4 117,378  322,667  26.67%  73.33%
SBOE6 401,507  336,009  54.44%  45.56%
SBOE8 224,690  156,133  59.00%  41.00%
				
SD04   56,905   21,704  72.39%  27.61%
SD06   64,474  110,326  36.88%  63.12%
SD07  242,602  164,480  59.60%  40.40%
SD11   79,333   44,482  64.07%  35.93%
SD13   40,293  155,638  20.56%  79.44%
SD15  118,813  187,188  38.83%  61.17%
SD17  124,541  119,169  51.10%  48.90%
SD18   15,619   11,279  58.07%  41.93%
				
HD126  40,053   31,945  55.63%  44.37%
HD127  55,452   33,703  62.20%  37.80%
HD128  49,089   20,798  70.24%  29.76%
HD129  49,387   33,547  59.55%  40.45%
HD130  71,729   30,669  70.05%  29.95%
HD131  11,027   43,306  20.30%  79.70%
HD132  52,228   46,423  52.94%  47.06%
HD133  53,008   34,318  60.70%  39.30%
HD134  53,200   53,340  49.93%  50.07%
HD135  37,600   35,481  51.45%  48.55%
HD137  10,831   20,255  34.84%  65.16%
HD138  32,956   29,493  52.77%  47.23%
HD139  16,700   43,426  27.78%  72.22%
HD140  10,796   20,276  34.75%  65.25%
HD141   7,844   35,148  18.25%  81.75%
HD142  15,015   40,325  27.13%  72.87%
HD143  13,599   22,554  37.62%  62.38%
HD144  14,965   15,326  49.40%  50.60%
HD145  16,455   25,318  39.39%  60.61%
HD146  11,924   42,368  21.96%  78.04%
HD147  16,147   51,800  23.76%  76.24%
HD148  23,754   35,054  40.39%  59.61%
HD149  22,315   29,713  42.89%  57.11%
HD150  57,274   37,933  60.16%  39.84%
				
CC1    98,310  271,971  26.55%  73.45%
CC2   158,199  135,874  53.80%  46.20%
CC3   236,301  201,920  53.92%  46.08%
CC4   248,120  205,046  54.75%  45.25%
				
JP1    99,574  157,709  38.70%  61.30%
JP2    36,841   45,917  44.52%  55.48%
JP3    54,016   65,253  45.29%  54.71%
JP4   240,145  177,376  57.52%  42.48%
JP5   211,698  206,389  50.63%  49.37%
JP6     9,694   25,425  27.60%  72.40%
JP7    19,825   98,162  16.80%  83.20%
JP8    69,422   38,580  64.28%  35.72%


Dist    Min R    Max D  Min R%  Max D%
======================================
CD02  175,786  157,942  52.67%  47.33%
CD07  145,575  154,644  48.49%  51.51%
CD08   25,520   15,264  62.57%  37.43%
CD09   36,275  121,193  23.04%  76.96%
CD10  101,112   61,042  62.36%  37.64%
CD18   56,673  182,314  23.71%  76.29%
CD22   21,218   20,673  50.65%  49.35%
CD29   45,744  105,745  30.20%  69.80%
CD36   81,336   49,507  62.16%  37.84%
				
SBOE4 100,933  342,178  22.78%  77.22%
SBOE6 373,961  359,113  51.01%  48.99%
SBOE8 215,025  167,034  56.28%  43.72%
				
SD04   55,047   23,216  70.34%  29.66%
SD06   53,562  122,474  30.43%  69.57%
SD07  231,452  175,578  56.86%  43.14%
SD11   75,844   48,065  61.21%  38.79%
SD13   36,086  160,806  18.33%  81.67%
SD15  109,597  198,247  35.60%  64.40%
SD17  112,679  127,956  46.83%  53.17%
SD18   15,000   11,985  55.59%  44.41%
				
HD126  38,215   34,107  52.84%  47.16%
HD127  53,344   35,933  59.75%  40.25%
HD128  47,390   22,477  67.83%  32.17%
HD129  46,964   36,012  56.60%  43.40%
HD130  69,298   32,900  67.81%  32.19%
HD131   9,584   44,980  17.56%  82.44%
HD132  49,625   49,260  50.18%  49.82%
HD133  48,359   37,729  56.17%  43.83%
HD134  45,698   59,519  43.43%  56.57%
HD135  35,662   37,653  48.64%  51.36%
HD137   9,997   21,240  32.00%  68.00%
HD138  30,912   31,792  49.30%  50.70%
HD139  14,891   45,442  24.68%  75.32%
HD140   8,496   22,687  27.25%  72.75%
HD141   6,751   36,444  15.63%  84.37%
HD142  13,366   42,296  24.01%  75.99%
HD143  11,100   25,218  30.56%  69.44%
HD144  13,029   17,345  42.90%  57.10%
HD145  14,011   28,167  33.22%  66.78%
HD146  10,824   43,630  19.88%  80.12%
HD147  14,469   53,867  21.17%  78.83%
HD148  21,053   38,031  35.63%  64.37%
HD149  20,955   31,398  40.03%  59.97%
HD150  55,070   40,198  57.81%  42.19%
				
CC1    88,636  283,723  23.80%  76.20%
CC2   146,468  149,847  49.43%  50.57%
CC3   220,181  215,729  50.51%  49.49%
CC4   234,765  219,028  51.73%  48.27%
				
JP1    87,533  168,977  34.12%  65.88%
JP2    32,564   50,632  39.14%  60.86%
JP3    50,336   69,338  42.06%  57.94%
JP4   230,567  188,394  55.03%  44.97%
JP5   197,305  219,993  47.28%  52.72%
JP6     7,269   28,198  20.50%  79.50%
JP7    17,578  100,870  14.84%  85.16%
JP8    66,324   41,925  61.27%  38.73%

There were 15 contested District or County court races, with another 12 that had only a Democrat running. All of the numbers are from the contested races. The first table is just the average vote total for each candidate in that district; I then computed the percentage from those average values. For the second and third tables, I used the Excel MAX and MIN functions to get the highest and lowest vote totals for each party in each district. It should be noted that the max Republican and min Democratic totals in a given district (and vice versa) may not belong to the candidates from the same race, as the total number of votes in each race varies. Consider these to be a bit more of a theoretical construct, to see what the absolute best and worst case scenario for each party was this year.

One could argue that Democrats did better than expected this year, given the partisan levels they faced. Both Lizzie Fletcher and Jon Rosenthal won re-election, in CD07 and HD135, despite running in districts that were tilted slightly against them. The one Republican that won in a district that tilted Democratic was Precinct 5 Constable Ted Heap, who won as his JP colleague Russ Ridgway fell; as previously noted, Dan Crenshaw clearly outperformed the baseline in CD02. The tilt in Commissioners Court Precinct 3 was too much for Michael Moore to overcome, though perhaps redistricting and four more years of demographic change will move things in the Democratic direction for 2024. As for Precinct 2, I believe Adrian Garcia would have been re-elected if he had been on the ballot despite the Republican tilt in that precinct, mostly because the Latino Democratic candidates generally carried the precinct. He will also get a hand from redistricting when that happens. I believe being the incumbent would have helped him regardless, as Jack Morman ran ahead of the pack in 2018, just not by enough to hang on.

The “Republican max” (table 2) and “Democratic max” (table 3) values give you a picture of the range of possibility in each district. At their high end for Republicans, CD02 and SBOE6 don’t look particularly competitive, while CD07 and HD135 look like they really got away, while HD144 looks like a missed opportunity, and JP5 could have maybe been held in both races. HD134 remained stubbornly Democratic, however. On the flip side, you can see that at least one Democratic judicial candidate took a majority in CD07, HD135, HD138, and CC2, while CC3 and CC4 both look enticingly close, and neither HDs 134 nor 144 look competitive at all. If nothing else, this is a reminder that even in these judicial races, there can be a lot of variance.

On the subject of undervoting, as noted in the Appellate Court posts, the dropoff rate in those races was about 4.7% – there wasn’t much change from the first race to the fourth. For the contested local judicial races, the undervote rate ranged from 5.06% in the first race to 6.54%, in the seventh (contested) race from the end. There was a downward trend as you got farther down the ballot, but it wasn’t absolute – as noted, there were six races after the most-undervoted race, all with higher vote totals. The difference between the highest turnout race to the lowest was about 24K votes, from 1.568 million to 1.544 million. It’s not nothing, but in the grand scheme of things it’s pretty minimal.

The twelve unopposed Democrats in judicial races clearly show how unopposed candidates always do better than candidates that have opponents. Every unopposed judicial candidate collected over one million votes. Kristen Hawkins, the first unopposed judicial candidate, and thus most likely the first unopposed candidate on everyone’s ballot, led the way with 1.068 million votes, about 200K more votes than Michael Gomez, who was the leading votegetter in a contested race. Every unopposed Democratic candidate got a vote from at least 61.25% of all voters, with Hawkins getting a vote from 64.44% of all. I have always assumed that some number of people feel like they need to vote in each race, even the ones with only one candidate.

I’m going to analyze the vote in the non-Houston cities next. As always, please let me know what you think.

The Harris County Election Security Task Force

I hadn’t realized that this was a thing, but it was and I’m glad it was.

A task force formed to ensure the security of the November election in Texas’ biggest county has found no evidence of wrongdoing after finishing its work.

The Harris County Election Security Task Force was made up of the Harris County Precinct 1 constable’s office, the district attorney’s office, the county attorney’s office and the county clerk’s office. In a report published Friday, the task force said it “received approximately 20 allegations of wrongdoing that needed to be elevated to the level of a formal investigation.”

“Despite claims, our thorough investigations found no proof of any election tampering, ballot harvesting, voter suppression, intimidation or any other type of foul play that might have impacted the legitimate cast or count of a ballot,” the report says.

[…]

The task force operated from Oct. 13 through Nov. 3, which was Election Day, according to the report. Undercover officers made 6,311 visits to 122 early voting and 806 Election Day polling sites. The task force responded to 77 calls for service. And it used four explosive-detecting K-9 units to to make 323 sweeps of polling locations, as well as “continual sweeps” while voters dropped off ballots at NRG Stadium on Election Day. (The task force found no explosives.)

“We all worked together to ensure our elections, which are the lifeblood of democracy, were free and fair and that any and all allegations were thoroughly investigated,” Ogg said.

The report is here, and it’s an easy read. This is good from a pragmatic perspective, in that it was good for the various law enforcement agencies to work together and coordinate efforts, and it was good from a transparency perspective, as each incident is detailed along with the response and resolution. You should read through the incident reports, which begin on page 8 and are the bulk of the document. Incident #2 was the subject of some fever-swamp “reporting” on right wing websites – a fellow Democrat who had come across one of those stories emailed me about it early on, and I noted in my reply to them the various ways in which it sounded like BS – while incident #22 was the Aguirre situation, which the report noted was referred to the DA’s office. The fact that in addition to responding to calls from the public, the task force made regular proactive checks on voting locations to ensure their safety was retroactively reassuring to me. It also had an actual, positive effect, unlike the fear-mongering and snipe hunting our state leaders engaged in. Put this down as another innovation from 2020 that we should keep on doing in the future.

Ken Paxton’s attempted jihad against Harris County

Wow.

Best mugshot ever

Attorney General Ken Paxton tried to get the Trump administration to revoke millions in federal COVID relief funding that Harris County budgeted for expanding mail-in voting earlier this year, newly revealed records show.

Paxton wrote in a May 21 letter to Treasury Secretary Steven Mnuchin that Harris County’s plan was an “abuse” of the county’s authority and an “egregious” violation of state law. The letter was obtained and published by the Citizens For Responsibility and Ethics in Washington.

“We respectfully ask the department to scrutinize its award of CARES Act funding to Harris County in light of the county’s stated intent to use federal funding in violation of state law, and to the extent possible, seek return of any amounts improperly spent on efforts to promote illegal mail-in voting,” Paxton wrote. “Without implementing adequate protections against unlawful abuse of mail-in ballots, the department could be cast in a position of involuntarily facilitating election fraud.”

The letter to Mnuchin illustrates the lengths Paxton went in his efforts to stop Harris and other counties from making it easier to vote by mail during the pandemic, which included suing Harris County as it tried to send mail ballots applications to all 2.4 million of its registered voters. The mail-ballot application push was part of the county’s $27.2 million plan to expand voting options, funded in large part through CARES Act money.

[…]

The Treasury Department did not immediately respond to a request for comment on whether Mnuchin heeded Paxton’s request to investigate how Harris County used the funding.

In a written statement, County Judge Lina Hidalgo said that the loss of the funds “would have knocked the floor out of our citizens’ ability to vote safely” during an important election held in the middle of a global pandemic.

“This attempt to cut off emergency federal funding for fellow Texans is indefensible,” she said. “To do so in secret is truly a shame and I’m relieved this is now out in the open.”

Members of the Texas Democratic Party accused the attorney general of “picking fights” to distract from his personal life.

“In the middle of the biggest pandemic in American history, every Texan should have been afforded the opportunity to vote as safely as possible. Indicted Texas Republican Attorney General Ken Paxton continues to try to pick fights to distract away from his personal life and his abuse of office. Paxton is a carnival barker who has made Texas a laughingstock with his ridiculous inquiries and lawsuits. To restore trust in the Attorney General’s office, we must all band together to vote him and his abuse of power out in 2022.”

I suppose if there’s one thing that the year 2020 has been good for, it’s to serve as a reminder to me that I am still capable of being shocked. I can’t say that I’m surprised, because it was clear from the beginning that then-County Clerk Chris Hollins’ aggressive efforts to make voting easier, ably funded by Commissioners Court, were going to draw a heated response. I guess I had just assumed that the lawsuits filed by Paxton and others against the various things that Hollins pioneered were the response, with bills filed in the 2021 Legislature the culmination, but I had not expected this.

It is interesting that Paxton chose to fire this particular shot in secret. We would have found out about it at the time if he had succeeded, of course, but it’s strangely out of character for Paxton to do something like this under cover of darkness. Say what you will about Ken Paxton, the man does not lack confidence in the correctness of his positions. I don’t know what his motivation was for not being front and center about this – I mean, we saw the lawsuit he filed to overturn the election. Shame, or fear of being publicly dragged, are not inhibitions for him. Maybe he was afraid of spooking Secretary Mnuchin, who is generally less cartoon-y in his villainy. I’m open to suggestion on this point.

The story mentions that this letter came from the Citizens for Responsibility and Ethics in Washington (CREW), which led me to this:

CREW obtained Paxton’s letter to Mnuchin as part of a Freedom of Information Act lawsuit against the Treasury Department, which remains ongoing.

The lawsuit in question is over the appointment of Louis DeJoy as Postmaster General. We might never have found out about this scurrilous and cowardly action otherwise.

I was going to spend more time in this post pointing out that Paxton’s allegations were 1) essentially baseless, and 2) should have been made in a lawsuit, as this would have fallen squarely under his law enforcement authority if Harris County were indeed breaking the law as he claimed, but honestly that CREW article laid it out thoroughly, so go read that for those details. The main takeaway here is that this wasn’t just a partisan dispute, which could and should have been carried out in public as so many other mostly ginned-up voting “controversies” this year were, it was 100% unadulterated bullshit from our despicable Attorney General. He’s not feeling any pressure to step down from his fellow Republicans, and do brace yourself for a pardon from our Felon in Chief, so it really is up to us to vote his sorry ass out in 2022. The Texas Tribune has more.

Precinct analysis: Appellate courts, part 2

Introduction
Congressional districts
State Rep districts
Commissioners Court/JP precincts
Comparing 2012 and 2016
Statewide judicial
Other jurisdictions
Appellate courts, Part 1

Here’s the more traditional look at the Court of Appeals races. Unlike the Supreme Court and CCA, all of these races just have two candidates, so we get a purer view of each district’s partisan measure.


Dist    Chris    Robsn  Chris%  Robsn%
======================================
CD02  184,964  152,768  54.77%  45.23%
CD07  157,736  147,670  51.65%  48.35%
CD08   26,431   14,916  63.92%  36.08%
CD09   39,195  119,621  24.68%  75.32%
CD10  104,717   59,540  63.75%  36.25%
CD18   62,244  178,810  25.82%  74.18%
CD22   22,412   20,080  52.74%  47.26%
CD29   51,407  100,718  33.79%  66.21%
CD36   84,772   47,797  63.95%  36.05%
				
SBOE4 111,462  333,791  25.03%  74.97%
SBOE6 398,123  345,585  53.53%  46.47%
SBOE8 224,293  162,545  57.98%  42.02%
				
SD04   56,898   22,562  71.61%  28.39%
SD06   59,896  116,837  33.89%  66.11%
SD07  241,721  170,662  58.62%  41.38%
SD11   79,273   46,425  63.07%  36.93%
SD13   39,578  158,975  19.93%  80.07%
SD15  118,283  192,558  38.05%  61.95%
SD17  122,640  122,169  50.10%  49.90%
SD18   15,589   11,734  57.05%  42.95%
				
HD126  39,903   33,263  54.54%  45.46%
HD127  55,384   34,979  61.29%  38.71%
HD128  49,071   21,878  69.16%  30.84%
HD129  49,357   34,835  58.62%  41.38%
HD130  71,485   31,992  69.08%  30.92%
HD131  10,547   44,331  19.22%  80.78%
HD132  51,970   48,189  51.89%  48.11%
HD133  52,531   35,414  59.73%  40.27%
HD134  51,636   55,503  48.20%  51.80%
HD135  37,498   36,828  50.45%  49.55%
HD137  10,775   20,855  34.07%  65.93%
HD138  32,788   30,669  51.67%  48.33%
HD139  16,375   44,551  26.88%  73.12%
HD140   9,795   21,511  31.29%  68.71%
HD141   7,493   35,952  17.25%  82.75%
HD142  14,378   41,649  25.66%  74.34%
HD143  12,559   24,038  34.32%  65.68%
HD144  14,250   16,410  46.48%  53.52%
HD145  15,600   26,725  36.86%  63.14%
HD146  11,819   43,211  21.48%  78.52%
HD147  16,024   52,771  23.29%  76.71%
HD148  23,255   36,320  39.03%  60.97%
HD149  22,187   30,741  41.92%  58.08%
HD150  57,197   39,304  59.27%  40.73%
				
CC1    97,397  278,086  25.94%  74.06%
CC2   154,992  143,474  51.93%  48.07%
CC3   234,325  208,116  52.96%  47.04%
CC4   247,164  212,247  53.80%  46.20%
				
JP1    97,730  161,507  37.70%  62.30%
JP2    35,419   48,550  42.18%  57.82%
JP3    53,112   67,814  43.92%  56.08%
JP4   239,927  183,854  56.62%  43.38%
JP5   210,230  213,175  49.65%  50.35%
JP6     8,570   26,891  24.17%  75.83%
JP7    19,569   99,806  16.39%  83.61%
JP8    69,321   40,326  63.22%  36.78%


Dist    Lloyd   Molloy  Lloyd% Molloy%
======================================
CD02  182,465  155,019  54.07%  45.93%
CD07  155,392  149,641  50.94%  49.06%
CD08   26,105   15,215  63.18%  36.82%
CD09   38,009  120,873  23.92%  76.08%
CD10  103,826   60,311  63.26%  36.74%
CD18   59,729  181,164  24.79%  75.21%
CD22   22,012   20,440  51.85%  48.15%
CD29   47,790  104,691  31.34%  68.66%
CD36   83,738   48,699  63.23%  36.77%
			
SBOE4 105,088  340,408  23.59%  76.41%
SBOE6 392,723  350,361  52.85%  47.15%
SBOE8 221,255  165,285  57.24%  42.76%
				
SD04   56,516   22,841  71.22%  28.78%
SD06   55,876  121,303  31.54%  68.46%
SD07  238,891  173,275  57.96%  42.04%
SD11   78,393   47,111  62.46%  37.54%
SD13   38,185  160,335  19.23%  80.77%
SD15  114,913  195,701  37.00%  63.00%
SD17  120,892  123,589  49.45%  50.55%
SD18   15,400   11,900  56.41%  43.59%
				
HD126  39,359   33,787  53.81%  46.19%
HD127  54,725   35,562  60.61%  39.39%
HD128  48,591   22,310  68.53%  31.47%
HD129  48,813   35,233  58.08%  41.92%
HD130  71,017   32,409  68.66%  31.34%
HD131   9,999   44,913  18.21%  81.79%
HD132  51,123   48,982  51.07%  48.93%
HD133  52,075   35,754  59.29%  40.71%
HD134  50,815   56,050  47.55%  52.45%
HD135  36,859   37,440  49.61%  50.39%
HD137  10,494   21,131  33.18%  66.82%
HD138  32,143   31,246  50.71%  49.29%
HD139  15,702   45,174  25.79%  74.21%
HD140   8,932   22,448  28.46%  71.54%
HD141   6,966   36,461  16.04%  83.96%
HD142  13,717   42,333  24.47%  75.53%
HD143  11,615   25,061  31.67%  68.33%
HD144  13,600   17,131  44.25%  55.75%
HD145  14,768   27,651  34.81%  65.19%
HD146  11,569   43,424  21.04%  78.96%
HD147  15,344   53,409  22.32%  77.68%
HD148  22,543   37,048  37.83%  62.17%
HD149  21,838   31,134  41.23%  58.77%
HD150  56,458   39,961  58.55%  41.45%
				
CC1    93,785  281,473  24.99%  75.01%
CC2   150,775  147,845  50.49%  49.51%
CC3   231,120  210,968  52.28%  47.72%
CC4   243,386  215,770  53.01%  46.99%
				
JP1    94,795  164,261  36.59%  63.41%
JP2    33,861   50,188  40.29%  59.71%
JP3    51,723   69,237  42.76%  57.24%
JP4   236,701  186,804  55.89%  44.11%
JP5   206,960  216,197  48.91%  51.09%
JP6     7,778   27,817  21.85%  78.15%
JP7    18,795  100,517  15.75%  84.25%
JP8    68,453   41,035  62.52%  37.48%


Dist    Adams   Guerra  Adams% Guerra%
======================================
CD02  184,405  152,836  54.68%  45.32%
CD07  157,212  147,381  51.61%  48.39%
CD08   26,351   14,919  63.85%  36.15%
CD09   38,998  119,778  24.56%  75.44%
CD10  104,820   59,234  63.89%  36.11%
CD18   61,326  179,332  25.48%  74.52%
CD22   22,218   20,211  52.37%  47.63%
CD29   48,121  104,386  31.55%  68.45%
CD36   84,501   47,871  63.84%  36.16%
			
SBOE4 107,293  337,920  24.10%  75.90%
SBOE6 397,124  345,286  53.49%  46.51%
SBOE8 223,535  162,743  57.87%  42.13%
				
SD04   56,904   22,386  71.77%  28.23%
SD06   56,357  120,880  31.80%  68.20%
SD07  241,466  170,348  58.63%  41.37%
SD11   79,098   46,319  63.07%  36.93%
SD13   39,476  158,887  19.90%  80.10%
SD15  116,690  193,656  37.60%  62.40%
SD17  122,412  121,729  50.14%  49.86%
SD18   15,549   11,745  56.97%  43.03%
				
HD126  39,813   33,289  54.46%  45.54%
HD127  55,237   34,999  61.21%  38.79%
HD128  48,957   21,899  69.09%  30.91%
HD129  49,340   34,653  58.74%  41.26%
HD130  71,559   31,806  69.23%  30.77%
HD131  10,266   44,574  18.72%  81.28%
HD132  51,808   48,208  51.80%  48.20%
HD133  52,597   35,086  59.99%  40.01%
HD134  51,370   55,317  48.15%  51.85%
HD135  37,274   36,945  50.22%  49.78%
HD137  10,724   20,876  33.94%  66.06%
HD138  32,559   30,808  51.38%  48.62%
HD139  16,147   44,644  26.56%  73.44%
HD140   8,966   22,430  28.56%  71.44%
HD141   7,254   36,084  16.74%  83.26%
HD142  14,142   41,863  25.25%  74.75%
HD143  11,744   24,953  32.00%  68.00%
HD144  13,658   17,072  44.45%  55.55%
HD145  14,824   27,584  34.96%  65.04%
HD146  11,928   43,032  21.70%  78.30%
HD147  15,656   53,073  22.78%  77.22%
HD148  22,757   36,812  38.20%  61.80%
HD149  22,195   30,784  41.89%  58.11%
HD150  57,176   39,156  59.35%  40.65%
				
CC1    95,892  278,971  25.58%  74.42%
CC2   152,017  146,563  50.91%  49.09%
CC3   233,933  207,769  52.96%  47.04%
CC4   246,110  212,648  53.65%  46.35%
				
JP1    95,938  162,864  37.07%  62.93%
JP2    34,099   49,931  40.58%  59.42%
JP3    52,405   68,430  43.37%  56.63%
JP4   239,343  183,827  56.56%  43.44%
JP5   209,649  213,147  49.59%  50.41%
JP6     7,852   27,792  22.03%  77.97%
JP7    19,566   99,631  16.41%  83.59%
JP8    69,100   40,329  63.15%  36.85%


Dist     Wise    Craft   Wise%  Craft%
======================================
CD02  187,076  150,161  55.47%  44.53%
CD07  160,323  144,461  52.60%  47.40%
CD08   26,468   14,814  64.12%  35.88%
CD09   39,255  119,480  24.73%  75.27%
CD10  105,224   58,786  64.16%  35.84%
CD18   62,464  178,398  25.93%  74.07%
CD22   22,479   19,942  52.99%  47.01%
CD29   51,350  100,685  33.78%  66.22%
CD36   85,152   47,195  64.34%  35.66%
				
SBOE4 111,160  333,956  24.97%  75.03%
SBOE6 403,452  338,891  54.35%  45.65%
SBOE8 225,179  161,076  58.30%  41.70%
				
SD04   57,202   22,111  72.12%  27.88%
SD06   59,943  116,758  33.92%  66.08%
SD07  242,902  168,936  58.98%  41.02%
SD11   79,698   45,696  63.56%  36.44%
SD13   39,579  158,895  19.94%  80.06%
SD15  119,640  190,784  38.54%  61.46%
SD17  125,186  119,108  51.24%  48.76%
SD18   15,641   11,636  57.34%  42.66%
				
HD126  40,122   32,983  54.88%  45.12%
HD127  55,653   34,618  61.65%  38.35%
HD128  49,175   21,666  69.42%  30.58%
HD129  49,744   34,245  59.23%  40.77%
HD130  71,894   31,468  69.56%  30.44%
HD131  10,420   44,469  18.98%  81.02%
HD132  52,080   47,898  52.09%  47.91%
HD133  53,487   34,292  60.93%  39.07%
HD134  53,678   53,121  50.26%  49.74%
HD135  37,617   36,577  50.70%  49.30%
HD137  10,841   20,738  34.33%  65.67%
HD138  33,111   30,252  52.26%  47.74%
HD139  16,338   44,533  26.84%  73.16%
HD140   9,677   21,649  30.89%  69.11%
HD141   7,162   36,255  16.50%  83.50%
HD142  14,336   41,735  25.57%  74.43%
HD143  12,465   24,123  34.07%  65.93%
HD144  14,238   16,400  46.47%  53.53%
HD145  15,761   26,507  37.29%  62.71%
HD146  12,019   42,980  21.85%  78.15%
HD147  16,327   52,404  23.75%  76.25%
HD148  24,026   35,407  40.43%  59.57%
HD149  22,369   30,513  42.30%  57.70%
HD150  57,250   39,088  59.43%  40.57%
				
CC1    98,291  276,873  26.20%  73.80%
CC2   155,580  142,504  52.19%  47.81%
CC3   236,903  204,782  53.64%  46.36%
CC4   249,017  209,766  54.28%  45.72%
				
JP1   100,430  158,362  38.81%  61.19%
JP2    35,440   48,448  42.25%  57.75%
JP3    52,981   67,919  43.82%  56.18%
JP4   240,598  182,662  56.84%  43.16%
JP5   212,371  210,308  50.24%  49.76%
JP6     8,629   26,793  24.36%  75.64%
JP7    19,649   99,743  16.46%  83.54%
JP8    69,693   39,690  63.71%  36.29%

If you just went by these results, you might think Dems did worse overall in Harris County than they actually did. None of the four candidates carried CD07, and only Veronica Rivas-Molloy carried HD135. They all still carried Harris County, by margins ranging from 6.0 to 8.7 points and 94K to 137K votes, but it’s clear they could have done better, and as we well know, even doing a little better would have carried Jane Robinson and Tamika Craft (who, despite her low score here still lost overall by less than 20K votes out of over 2.3 million ballots cast) to victory.

I don’t have a good explanation for any of this. Maybe the Libertarian candidates that some statewide races had a bigger effect on those races than we think. Maybe the incumbents had an advantage that enabled them to get a better share of the soft partisan vote. Maybe the Chron endorsements helped the incumbents. And maybe the lack of straight ticket voting did matter. The undervote rate in these races was around 4.7%, which is pretty low, but in 2018 it was around 2.7%. Picking on the Robinson race again, had the undervote rate been 2.7% instead of the 4.68% it actually was, there would have been an additional 36,154 votes cast. At the same 53.43% rate for Robinson, she would have received another 19,317 votes, with Tracy Christopher getting 16,837. That’s a 2,480 vote net for Robinson, which would be enough for her to win, by 1,291 votes. Tamika Craft would still fall short, but Dems would have won three out of four races instead of just two.

Of course, we can’t just give straight ticket voting back to Harris County and not the other nine counties. I’m not going to run through the math for each county, but given that Christopher did better in the non-Harris Counties, we can assume she’s net a few votes in them if straight ticket voting were still in effect. Maybe it wouldn’t be enough – remember, there were far more votes in Harris than in the other nine, and the Republican advantage wasn’t that much bigger, so the net would be smaller. It’s speculation built on guesswork, and it’s all in service of making up for the fact that the Democratic candidates could have done better in Harris County with the votes that were cast than they did. Let’s not get too wishful in our thinking here.

So does this affect my advice from the previous post? Not really – we still need to build on what we’re already doing, and figure out how to do better in the places where we need to do better. Maybe a greater focus judicial races is needed, by which I mean more money spent to advertise the Democratic judicial slate. As we’ve observed, these are close races in what is clearly very swingy territory, at least for now. With close races, there’s a broad range of possible factors that could change the outcome. Pick your preference and get to work on it.

More on the TDP 2020 audit

I’m very much looking forward to seeing the final report, but I don’t have a clear idea of the objectives from this story.

[Unsuccessful State House candidate Brandy Chambers’] election night confusion mirrors the second-guessing going on within the Texas Democratic Party, the members of which received every advantage they hoped for in 2020 — enough campaign cash to keep pace with a well-funded GOP, a polarizing candidate at the top of the Republican ticket and historically high voter turnout — but still gained virtually nothing.

The early diagnosis: A national push to avoid in-person campaigning because of the pandemic was ruinous, especially with Latino voters who are key to the party’s fortunes in Texas. Early polls were skewed against conservatives and gave Democrats a false sense of security. Republicans effectively characterized calls to defund the police as a threat to public safety. And the party’s message did not connect with the average voter worried about recovering from the economic hurt inflicted by COVID-19.

Texas Democrats believe the lack of in-person campaign events and door-knocking especially hurt them come Election Day, as Republicans continued to meet with voters.

“This was probably the most difficult thing that we faced — the most impactful thing in our election,” Texas Democratic Party Chairman Gilberto Hinojosa said. “You had the Republican Party engaged in all of these races in a massive canvassing campaign and bragging about it. … We were left at a very, very severe disadvantage.”

Hinojosa said President-elect Joe Biden’s campaign had advised down-ballot candidates to avoid in-person events and that the Democratic Congressional Campaign Committee issued similar rules for its candidates, threatening to withhold funds from campaigns if they went door to door.

About two months before the election, Hinojosa said, he’d heard concerns from congressional candidates and organizers who said they “were having a hard time reaching Hispanic voters by the phone. … They really needed to be freed to knock on doors.”

But the national officials wouldn’t budge, he said.

A DCCC spokesman confirmed that there was a nationwide policy directing candidates not to canvass in person during the pandemic but denied that the organization threatened to take away funding from Texas Democrats if they persisted.

[…]

The members demanded 12 action items to move forward, including changes in senior leadership, the creation of a 10-year strategic plan and a request for assistance from states where Democrats had successfully run campaigns this cycle.

“The ultimate goal was ‘let’s start a conversation.’ It was not meant to be petty or divisive,” said Jen Ramos, a member of the state party’s executive committee and co-author of the letter. “We just decided that we’ve got to be firm about this but also really have a means to healing.”

[…]

“Republicans were talking about how we could keep you working,” [SDEC member and letter co-author Kendall] Scudder said. “Democrats were talking about shutting the economy down. Democrats were being the most responsible, but sometimes you don’t love the parent who spanks you. You love the parent that buys you candy.”

Scudder said the party must improve its communication with minority voters and stop pushing only issues that “we ascribe to them as important,” such as immigration for Latino voters or criminal justice reform for Black voters.

[Committee co-chair Chris] Hollins said the committee will meet soon to settle on an initial list of objectives. Revamping party messaging is at the top of his list, too — especially as it relates to the specific identity and goals of the Texas Democratic Party and how they differentiate from those of more liberal states.

See here for the background and some more information about the letter. While it’s important to really understand what happened and learn from it, I hope this committee looks forward at least as much as it looks back. Every election is unique in its own ways, and I think the conditions of 2020 are especially singular. We already know that there’s no debate about issue of in-person campaigning – everyone agrees it was a net negative, and no one has any plans to try it again, so it’s not like this is some new ongoing advantage the Republicans have gained. Figure out what if anything was good about the other forms of campaigning everyone did, recommend ways to build it into future campaigns, and more on.

As far as the messaging stuff goes, I feel like it’s the post-2004 election all over again, though at least this time we won the Presidency. So much time and effort and money and think-pieces were spent on What The Democrats’ Message Needs To Be and How Do We Connect With Those Bush Voters and so on, and then Hurricane Katrina happened and public opinion turned sour on the Iraq War, and Democrats dominated the next two elections. I’m not suggesting that things will magically turn around and get better, nor am I saying that the post-2004 effort had no lessons for us, but I am saying that events can and will shape the political environment in substantial and unforeseeable ways, and that’s why we need to be looking forward as much as possible, while doing everything we can to make the opportunity we have in front of us – fixing the economy, successfully rolling out the COVID vaccine, getting people back to work, protecting our democracy, and more – so that the future environment is as filled with recent positive achievements we can point to as possible. Nothing succeeds like success.

My viewpoint in that paragraph is affected greatly by this WaPo story about the national Democratic reckoning; it’s where the post-2004 parallels occurred to me, because so much of the language was familiar. Again, I agree there’s a ton of value in auditing what just happened so we can understand what went well and what did not, and what we can learn from each. I just don’t want to get too bogged down in that, because what we do now, over the next 12-18 months will, I guarantee you, have a bigger effect on the 2022 election. If we’ve made progress in making people’s lives better, and we’ve been up front about taking credit for it, which is one trick from the Trump playbook that we really do need to appropriate, then we’ll be in good shape.

One last thing, which I have not seen mentioned in any of these “what did Dems screw up in 2020” stories is the effect of disinformation, propaganda, and fake news on voters’ behavior. We are seeing the effect of the constant barrage of bullshit coming from Trump and too many Republican leaders to count in the lawsuits, the increasing threats of violence from riled-up fringe types, the outrageous legislation being proposed around the country, and so forth, but that barrage began well before the election, and it’s being aimed at immigrants and people of color as well, with the same dispiriting effect. There was plenty of evidence of this occurring before the election, and I personally believe it’s a key part of the explanation for why Trump did better among Latinos and Asian-Americans than he had done before. Any strategy to improve Democratic performance, whether in Texas or nationally, has to take this into account. We can’t stop the liars from lying, but we can and we must figure out a way to blunt the effect of that lying. If that’s not a pillar of our plans going forward, then those plans are inadequate and not meeting the moment.

Precinct analysis: Appellate courts, part 1

Introduction
Congressional districts
State Rep districts
Commissioners Court/JP precincts
Comparing 2012 and 2016
Statewide judicial
Other jurisdictions

My next two posts in this series will focus on the 1st and 14th Courts of Appeals. These courts are a little strange electorally, as the elections cover ten counties in all, and over the past few elections they have proven to be pretty darned balanced. As we know, turnout in Harris County has gone up a lot in recent years, and the county has gone from evenly split to strongly blue, yet the balance in these ten counties persists. In this post, I’m going to do a bit of a historical review, to look at the trends and see if we can spot the underlying metrics.


2008 - 1st CoA Pl 3 (50.58%)

County   Tot Votes   Share  DemVotes    Dem%
============================================
Harris   1,111,642  70.74%   585,249  52.65%
Others     459,704  29.26%   209,510  45.57%

2012 - 14th CoA Pl 3 (47.74%)

County   Tot Votes   Share  DemVotes    Dem%
============================================
Harris   1,137,580  69.82%   580,356  51.01%
Others     491,673  30.18%   197,511  40.17%

2016 - 1st CoA Pl 4 (48.95%)

County   Tot Votes   Share  DemVotes    Dem%
============================================
Harris   1,273,638  69.00%   671,908  52.76%
Others     572,258  31.00%   231,702  40.49%

2018 - 1st CoA Pl 2 (50.93%)

County   Tot Votes   Share  DemVotes    Dem%
============================================
Harris   1,187,403  68.63%   647,398  54.52%
Others     542,765  31.37%   233,693  43.06%

2020 - 1st CoA Pl 3 (50.76%)

County   Tot Votes   Share  DemVotes    Dem%
============================================
Harris   1,575,122  68.23%   856,056  54.35%
Others     733,364  31.77%   314,644  42.90%

2020 - 1st CoA Pl 5 (50.10%)

County   Tot Votes   Share  DemVotes    Dem%
============================================
Harris   1,573,903  68.24%   845,951  53.75%
Others     732,455  31.76%   309,497  42.25%

2020 - 14th CoA Chief Justice (49.97%)

County   Tot Votes   Share  DemVotes    Dem%
============================================
Harris   1,575,801  68.23%   841,923  53.43%
Others     733,698  31.77%   312,231  42.56%

2020 - 14th CoA Pl 7 (49.57%)

County   Tot Votes   Share  DemVotes    Dem%
============================================
Harris   1,573,716  68.25%   833,925  52.99%
Others     732,057  31.75%   309,115  42.23%

A couple of points of explanation here. For 2008, 2012, 2016, and 2018, I picked the top Democratic performer among the appellate court candidates. For 2008, that meant the one Democratic winner. In 2018, as every Dem won their race, I went with the candidate with the narrowest victory, since what I’m most interested in is the threshold needed to win. For 2020, I included all four candidates.

In each table, I separated out the total votes cast in that race from Harris County, and from all the other counties. “Share” is the share of the vote that came from Harris County, so in the 2008 race 70.74% of the total vote came from Harris County. “DemVotes” is the total number of votes the Democratic candidate got, in Harris and in the other counties, and “Dem%” is the percentage of the vote that Democratic candidate got.

We see that the share of the vote from Harris County has dropped every year, from over 70% in 2008 to a bit more than 68% this year. That doesn’t appear to be predictive of anything, as Dems swept these races in 2018 and won two out of four this year, with the lowest-performing Dem having (by a tiny amount) the largest Harris County vote share. The rise of Fort Bend County as a Democratic bastion has no doubt mitigated the shrinking contribution from Harris, but that points out again the importance of counties around Harris, as the reddening of Galveston and the smaller counties has kept these races competitive. One thing I hadn’t realized till I went through this exercise was that Waller County was quite close to even in 2008, but gave Republicans a 7K vote edge in 2020. Indeed, Dem candidates in Waller in 2020 were getting about the same number of votes as Dem candidates in Waller in 2008, after two cycles of failing to meet the 2008 number, as the Republican vote steadily climbed. As we have discussed before, Jane Robinson lost her race by 0.06 percentage points, or a bit more than a thousand votes out of over 1.5 million votes cast. In a race that close, you can point to many, many ways in which a small difference would have changed the outcome.

That’s one reason why these races interest me so much. For one, the appellate courts were a place where Dems made numerous pickups in 2020, yet still fell a bit short of expectations – I at least thought we’d win all four of these, given how well we’d done in 2018. But as you can see, it wasn’t quite to be. I don’t want to downplay the races we did win – Veronica Rivas Molloy and Amparo Guerra are both terrific candidates, and they are now the only Latinas on that court – I’m just greedy enough to have wanted more.

What’s frustrating to me is that I can’t tell what I think is the magic formula here. The difference between Guerra, who won by four thousand votes and 0.20 percentage points, and Robinson is tiny enough to be rounding error. The main difference is that Guerra won Harris County by ten thousand votes more than Robinson did, while Robinson did five thousand votes better in the other counties than Guerra did (she lost them by 421K while Guerra lost them by 426K). We know that Latinx candidates generally did better in Harris County this year than their peers, but that wasn’t the case outside Harris County. And even if it was, that’s not much of a lesson to learn. It was a game of inches, and we won one and lost one.

Ultimately, I think the path here is the same as the path I’ve described in the various “key counties” posts. We’re starting to move in the right direction in Brazoria County, and if we can keep that going that could be enough to tip the scales to the blue side on a longer-term basis. Basically, if we keep doing what we’re doing we’ll likely be at least competitive in these races, and if we can step it up a bit, especially but not exclusively in Brazoria, we can do better than that. Maybe not the deepest insight you’ll ever read, but it’s what I’ve got.

(Assuming that the judicial districts don’t get redrawn, which I suppose they could. In 2004, the First and Fourteenth districts included Burleson, Trinity, and Walker Counties plus the current ten. We’d have zero chance of winning these races if those three were added back in. I have no idea what the process or criteria for defining the judicial districts is. I’m just saying that if Republicans decided to do something about this, they probably could.)

Next up, I’ll do the district breakdown for these four races in Harris County. After that, more judicial races and then on to the other county races. As always, let me know what you think.

A closer look at the Aguirre/Hotze debacle

This WaPo story was pointed out in the comments here, and it’s worth your time to read. I should note that while the Houston Chronicle has not (at least so far) identified the air conditioning repairman that Aguirre attacked, this story did identify and talk to him. For now, I’m going to stick to the Chron’s style guide, so where the WaPo story includes his name, I’m going to put “[the ACRM]” in my excerpt, to stand for “the air conditioning repairman”.

The episode illustrates the extreme and sometimes dangerous tactics that a set of conservative groups have employed in an effort to substantiate President Trump’s unproven allegations of widespread voting fraud in the election. Theories about truckloads of missing mail-in ballots, manipulated voting machines and illegal mail-in ballot collections have abounded in far-right circles, despite a lack of credible evidence, leading to threats of violence against election workers and officials.

Many of the fraud allegations have come in the form of lawsuits that have been rejected by state and federal judges across the country.

The overall effort in Houston stands out because it relied on an expensive, around-the-clock surveillance operation that, for reasons so far unknown publicly, targeted a civilian — authorities called him “an innocent and ordinary air conditioner repairman” — with no apparent role in government or election administration. The operation was also financed by a newly formed nonprofit group run by a well-known GOP donor in Texas and prominent former party officials in Harris County, the state’s most populous county, corporation records show.

The nonprofit group, the Liberty Center for God and Country, paid 20 private investigators close to $300,000 to conduct a six-week probe of alleged illegal ballot retrievals in Houston leading up to the election, the group has said. None of its allegations of fraud have been substantiated.

The group’s president, Steven F. Hotze, did not respond to an interview request.

Aguirre declined to say why the operation focused on [the ACRM].

“I’m not trying my case in the paper,” Aguirre, who was released on $30,000 bail, told The Post in a brief phone interview on Dec. 16. “I don’t care about public opinion. I’m trying my case against these corrupt sons of [expletives].”

The origins of Aguirre’s election fraud investigation date to the formation of the Liberty Center for God and Country in late August.

[…]

Hotze’s nonprofit group was created “for the purpose of ensuring election integrity primarily,” said Jared Woodfill, Hotze’s personal lawyer and the former executive director of the Harris County Republican Party, the county that includes Houston. Woodfill is listed on state incorporation records as a director of the nonprofit group, along with Jeffrey Yates, the former longtime chairman of the county’s Republican Party. Yates did not respond to phone messages.

“The socialist Democrat leadership in Harris County has developed a massive ballot by mail vote harvesting scheme to steal the general election,” a now-deleted fundraising page for the group alleged. “We are working with a group of private investigators who have uncovered this massive election fraud scheme.”

The group raised nearly $70,000 through a GoFundMe page from Oct. 10 through last week. Hotze has said publicly that he donated $75,000 to the probe and that an unnamed individual had donated another $125,000.

Hotze turned to Aguirre to assemble a team of 20 private investigators, according to Aguirre’s attorney, Terry Yates, who is not related to Jeffrey Yates.

“Mark would say he’s the guy who was in charge,” Terry Yates told The Post.

I’m not going to try to guess what might be going on in Steven Hotze’s whack-a-mole brain, but I do want to understand why these jokers came to focus on this one poor guy. There had to be some reason for it, however irrational and ultimately wrong-headed. If nothing else, the attorney that eventually files a massive lawsuit against Hotze for the pain and suffering our ACRM endured will want to know the full story.

In September, Aguirre wrote an affidavit for a lawsuit brought by Hotze and the Harris County GOP before the Texas Supreme Court seeking to curtail early and mail-in voting. The affidavit alleged Democrats had devised a scheme to submit as many as 700,000 fraudulent ballots in Harris County. The Texas Supreme Court dismissed the lawsuit on Oct. 7.

Nevertheless, law enforcement officials in Harris County began looking into the claims in the affidavit. The affidavit did not mention [the ACRM], but described what it contended was a broader ballot-harvesting effort directed by local Democratic officials.

Four investigators from the Harris County Precinct 1 Constable’s Office, which is responsible for investigating voter integrity issues, were assigned to the investigation, an official said.

“We looked into the allegations,” said Constable Alan Rosen, who said investigators conducted interviews with various people but got no cooperation from Aguirre and other private investigators. “We wanted to investigate their side of the story and they wouldn’t talk to us.”

“No proof was ever substantiated,” according to Rosen.

As the Nov. 3 Election Day neared, Aguirre and other unidentified private investigators began to monitor [the ACRM] more closely, court records show. By mid-October, they had devised a plan to carry out extensive monitoring that kept eyes on the air conditioning repairman day and night, court records show.

Beginning around Oct. 15, the investigators started “24 hour surveillance” on [the ACRM]’s mobile home, a police affidavit states. They set up a “command post” nearby, renting two hotel rooms for four days in a Marriott hotel, according to the affidavit. As they watched [the ACRM], Aguirre unsuccessfully tried to convince law enforcement authorities at the state level that he was on to something big, according to several law enforcement agencies and court records.

On Oct. 16, Aguirre called a member of the state attorney general’s election task force, Lt. Wayne Rubio, to request that Rubio order a traffic stop of [the ACRM]’s vehicle, court records show. Rubio declined. Aguirre “seemed upset that the Department of Public Safety could not stop and detain an individual based solely on [Aguirre]’s uncorroborated accusations,” Rubio later told police, according to the affidavit.

Aguirre told Rubio that he would make the traffic stop and execute a “citizen’s arrest,” the affidavit states. Rubio did not respond to interview requests, and the Attorney General’s Office declined to comment.

Aguirre also contacted Jason Taylor, a regional director at a separate statewide law enforcement agency — the Texas Department of Public Safety — the agency said in a statement to The Post. That contact came a day before Aguirre is accused of ramming [the ACRM].

“Mr. Aguirre brought up the allegations of election fraud during a phone call on Oct. 18, 2020, with the Texas Department of Public Safety (DPS) Regional Director,” a spokesman wrote. “Based on that call, the matter was then discussed with the (DPS) Texas Ranger Division. The decision was then made to refer Mr. Aguirre to the Office of the Texas Attorney General.”

Aguirre later told police he was frustrated that he had “not received any help” from law enforcement agencies, according to the police affidavit.

So many questions here. What evidence did Aguirre present to DPS and the AG task force? Clearly, it was pitiful, because had there been anything at all to the juicy allegation of Democrats engaging in massive fraud, these guys would have been all over it, but that’s not the whole picture. The bigger question is, should Aguirre’s delusions have given these guys cause to worry about his actions and the potential danger to the ACRM? Did they take his threat of a “citizen’s arrest” seriously, and if not why not? Imagine for a minute if our ACRM had had a concealed carry license, and had made the determination when he saw Aguirre approach him that his life was in danger (which, as it happens, it was) and he needed to defend himself. Or instead imagine if Aguirre had gotten jumpy and made the same decision for himself. This “citizen’s arrest” could very well have had a body count, which is why I ask, should the law enforcement officers that Aguirre complained were unwilling to help him have taken action against him instead? It’s more grist for our ACRM’s future attorney, I suppose.

Police later reviewed grand jury subpoena records from Aguirre’s bank, the police affidavit states, and saw wire transfers of nearly $270,000 to his account from the Liberty Center for God and Country with payments of $25,000 each wired on Sept. 22 and Oct. 9, and $211,400 deposited the day after the alleged assault.

Houston police declined an interview request and said they would not answer specific questions about the case because the department’s investigation is ongoing.

The Harris County District Attorney’s Office, which charged Aguirre after a grand jury indictment, also declined to answer questions. “This is an active, ongoing investigation,” spokesman Michael Kolenc wrote in an email.

As I said before, I really hope that this ongoing investigation includes Hotze and the malevolent organization he spawned to finance this travesty. I sure won’t be surprised to learn that they were not scrupulous in following the law prior to Aguirre’s attack on the ACRM. Don’t be afraid to go where the evidence leads.

Precinct analysis: Other jurisdictions

Introduction
Congressional districts
State Rep districts
Commissioners Court/JP precincts
Comparing 2012 and 2016
Statewide judicial

You may be wondering “Hey, how come you haven’t reported on data from SBOE and State Senate districts?” Well, I’ll tell you, since the SBOE and Senate serve four-year terms with only half of the races up for election outside of redistricting years, the results in the districts that aren’t on the ballot are not discernable to me. But! I was eventually able to get a spreadsheet that defined all of the relevant districts for each individual precinct, and that allowed me to go back and fill in the empty values. And now here I present them to you. Oh, and as a special bonus, I merged the data from the 2012 city of Houston bond elections into this year’s totals and pulled out the numbers for the city of Houston for the top races. So here you have it:


Dist     Trump    Biden    Lib    Grn  Trump%  Biden%   Lib%   Grn%
===================================================================
SBOE4  110,192  350,258  3,530  1,787  23.66%  75.20%  0.76%  0.38%
SBOE6  371,101  391,911  8,796  2,157  47.95%  50.64%  1.14%  0.28%
SBOE8  219,337  176,022  4,493  1,185  54.69%  43.89%  1.12%  0.30%
								
SD04    55,426   25,561    936    145  67.54%  31.15%  1.14%  0.18%
SD06    61,089  123,708  1,577    770  32.64%  66.10%  0.84%  0.41%
SD07   232,201  188,150  4,746  1,216  54.47%  44.13%  1.11%  0.29%
SD11    77,325   51,561  1,605    389  59.08%  39.40%  1.23%  0.30%
SD13    38,198  166,939  1,474    753  18.42%  80.51%  0.71%  0.36%
SD15   110,485  208,552  3,444  1,045  34.15%  64.46%  1.06%  0.32%
SD17   110,788  140,986  2,706    720  43.41%  55.25%  1.06%  0.28%
SD18    15,118   12,735	   331     91  53.47%  45.04%  1.17%  0.32%

Hou    285,379  535,713  8,222  2,704  34.30%  64.39%  0.99%  0.32%
Harris 415,251  382,480  8,597  2,425  51.34%  47.29%  1.06%  0.30%


Dist    Cornyn    Hegar    Lib    Grn Cornyn%  Hegar%   Lib%   Grn%
===================================================================
SBOE4  110,002  330,420  8,479  5,155  23.62%  70.94%  1.82%  1.11%
SBOE6  387,726  359,196 13,130  4,964  50.68%  46.95%  1.72%  0.65%
SBOE8  220,500  164,540  7,608  2,770  55.76%  41.61%  1.92%  0.70%
								
SD04    56,085   23,380  1,405    393  69.02%  28.77%  1.73%  0.48%
SD06    59,310  115,620  3,609  2,257  32.80%  63.95%  2.00%  1.25%
SD07   237,216  173,948  7,682  2,796  55.64%  40.80%  1.80%  0.66%
SD11    77,887   47,787  2,508    854  60.36%  37.03%  1.94%  0.66%
SD13    39,386  157,671  3,502  2,149  19.43%  77.78%  1.73%  1.06%
SD15   114,616  195,264  6,065  2,657  35.43%  60.35%  1.87%  0.82%
SD17   118,460  128,628  3,892  1,603  46.42%  50.40%  1.53%  0.63%
SD18    15,268   11,859    554    180  54.80%  42.56%  1.99%  0.65%

Hou    297,735  498,078 14,537  7,021  36.43%  60.94%  1.78%  0.86%
Harris 420,493  356,080 14,680  5,868  52.75%  44.67%  1.84%  0.74%


Dist    Wright    Casta    Lib    Grn Wright%  Casta%   Lib%   Grn%
===================================================================
SBOE4  102,521  332,324  8,247  7,160  22.01%  71.35%  1.77%  1.54%
SBOE6  379,555  347,938 16,311  9,217  50.40%  46.21%  2.17%  1.22%
SBOE8  214,771  163,095  8,573  4,631  54.92%  41.70%  2.19%  1.18%
								
SD04    54,997   22,915  1,715    685  68.48%  28.53%  2.14%  0.85%
SD06    54,732  118,635  3,389  2,751  30.49%  66.09%  1.89%  1.53%
SD07   232,729  169,832  9,084  4,902  54.59%  39.84%  2.13%  1.15%
SD11    75,580   47,284  2,906  1,454  59.41%  37.17%  2.28%  1.14%
SD13    37,009  156,577  3,653  3,306  18.45%  78.08%  1.82%  1.65%
SD15   111,109  192,351  6,833  4,347  34.34%  59.45%  2.11%  1.34%
SD17   115,654  124,174  4,931  3,219  45.32%  48.66%  1.93%  1.26%
SD18    15,037   11,590    620    344  54.50%  42.01%  2.25%  1.25%

Hou    286,759  491,191 16,625 11,553  34.47%  59.04%  2.00%  1.39%
Harris 410,088  352,168 16,506  9,455  50.71%  43.54%  2.04%  1.17%

Dist     Hecht  Meachum    Lib  Hecht% Meachum%  Lib%
=====================================================
SBOE4  104,675  334,600 10,745  23.26%  74.35%  2.39%
SBOE6  387,841  349,776 17,294  51.38%  46.33%  2.29%
SBOE8  217,760  164,210  9,466  55.63%  41.95%  2.42%
						
SD04    55,773   22,920  1,721  69.36%  28.50%  2.14%
SD06    56,313  117,884  4,832  31.45%  65.85%  2.70%
SD07   235,317  172,232  9,800  56.38%  41.27%  2.35%
SD11    77,081   47,122  3,169  60.52%  37.00%  2.49%
SD13    37,495  158,731  4,500  18.68%  79.08%  2.24%
SD15   113,248  194,232  7,612  35.94%  61.64%  2.42%
SD17   119,941  123,630  5,196  48.21%  49.70%  2.09%
SD18    15,108   11,836    675  54.70%  42.85%  2.44%

Dist      Boyd   Will's    Lib   Boyd% Will's%   Lib%
=====================================================
SBOE4  104,397  336,102  8,832  23.23%  74.80%  1.97%
SBOE6  380,861  354,806 15,618  50.69%  47.23%  2.08%
SBOE8  217,360  164,288  8,525  55.71%  42.11%  2.18%
						
SD04    55,481   22,982  1,621  69.28%  28.70%  2.02%
SD06    56,932  117,444  4,132  31.89%  65.79%  2.31%
SD07   234,080  173,025  8,683  56.30%  41.61%  2.09%
SD11    76,633   47,377  2,834  60.42%  37.35%  2.23%
SD13    36,755  160,184  3,557  18.33%  79.89%  1.77%
SD15   111,564  195,699  6,798  35.52%  62.31%  2.16%
SD17   116,011  126,731  4,723  46.88%  51.21%  1.91%
SD18    15,162   11,755    627  55.05%  42.68%  2.28%


Dist     Busby   Triana    Lib  Busby% Triana%   Lib%
=====================================================
SBOE4  104,071  335,587  9,074  23.19%  74.79%  2.02%
SBOE6  389,317  343,673 17,392  51.88%  45.80%  2.32%
SBOE8  218,278  162,376  9,125  56.00%  41.66%  2.34%
						
SD04    55,864   22,402  1,739  69.83%  28.00%  2.17%
SD06    55,719  118,801  4,006  31.21%  66.55%  2.24%
SD07   235,948  169,843  9,532  56.81%  40.89%  2.30%
SD11    77,324   46,265  3,101  61.03%  36.52%  2.45%
SD13    37,498  158,536  3,962  18.75%  79.27%  1.98%
SD15   113,780  192,651  7,220  36.28%  61.42%  2.30%
SD17   120,435  121,393  5,349  48.72%  49.11%  2.16%
SD18    15,098   11,746    682  54.85%  42.67%  2.48%


Dist    Bland    Cheng  Bland%   Cheng%
=======================================
SBOE4  112,465  336,620  25.04%  74.96%
SBOE6  401,946  350,154  53.44%  46.56%
SBOE8  225,783  164,516  57.85%  42.15%
				
SD04    57,378   22,793  71.57%  28.43%
SD06    60,243  118,418  33.72%  66.28%
SD07   243,089  172,941  58.43%  41.57%
SD11    79,757   47,134  62.85%  37.15%
SD13    40,242  160,069  20.09%  79.91%
SD15   119,474  194,619  38.04%  61.96%
SD17   124,299  123,453  50.17%  49.83%
SD18    15,712   11,864  56.98%  43.02%


Dist     BertR  Frizell  BertR% Frizell%
=======================================
SBOE4  107,445  340,670  23.98%  76.02%
SBOE6  392,514  355,217  52.49%  47.51%
SBOE8  221,860  166,900  57.07%  42.93%
				
SD04    56,609   23,176  70.95%  29.05%
SD06    57,800  120,402  32.44%  67.56%
SD07   239,113  175,071  57.73%  42.27%
SD11    78,483   47,818  62.14%  37.86%
SD13    38,419  161,433  19.22%  80.78%
SD15   115,389  197,276  36.90%  63.10%
SD17   120,576  125,566  48.99%  51.01%
SD18    15,430   12,046  56.16%  43.84%


Dist     Yeary  Clinton  Yeary%Clinton%
=======================================
SBOE4  107,727  339,999  24.06%  75.94%
SBOE6  387,309  359,489  51.86%  48.14%
SBOE8  221,725  166,780  57.07%  42.93%
				
SD04    56,405   23,323  70.75%  29.25%
SD06    58,285  119,666  32.75%  67.25%
SD07   238,608  175,225  57.66%  42.34%
SD11    78,085   48,109  61.88%  38.12%
SD13    38,214  161,577  19.13%  80.87%
SD15   114,407  197,949  36.63%  63.37%
SD17   117,277  128,438  47.73%  52.27%
SD18    15,480   11,982  56.37%  43.63%


Dist    Newell    Birm  Newell%   Birm%
=======================================
SBOE4  110,449  336,329  24.72%  75.28%
SBOE6  392,944  352,514  52.71%  47.29%
SBOE8  223,453  164,440  57.61%  42.39%
				
SD04    56,669   22,936  71.19%  28.81%
SD06    59,575  117,944  33.56%  66.44%
SD07   240,463  172,769  58.19%  41.81%
SD11    78,816   47,161  62.56%  37.44%
SD13    39,166  160,126  19.65%  80.35%
SD15   116,700  195,074  37.43%  62.57%
SD17   119,849  125,464  48.86%  51.14%
SD18    15,608   11,810  56.93%  43.07%

To be clear, “Harris” refers to everything that is not the city of Houston. It includes the other cities, like Pasadena and Deer Park and so forth, as well as unincorporated Harris County. There are some municipal results in the 2020 canvass, and maybe I’ll take a closer look at them later – I generally haven’t done that for non-Houston cities in the past, but this year, we’ll see. Please note also that there are some precincts that include a piece of Houston but are not entirely Houston – the boundaries don’t coincide. Basically, I skipped precincts that had ten or fewer votes in them for the highest-turnout 2012 referendum, and added up the rest. So those values are approximate, but close enough for these purposes. I don’t have city of Houston results for most elections, but I do have them for a few. In 2008, Barack Obama got 61.0% in Houston and 39.5% in non-Houston Harris County. In 20122018, Beto reached a new height with 65.4% in Houston; that calculation was done by a reader, and unfortunately he didn’t do the corresponding total for Harris County. Joe Biden’s 64.39% fits in just ahead of Adrian Garcia in 2012, and about a point behind Beto. Not too bad.

SBOE4 is a mostly Black district primarily in Harris County with a piece in Fort Bend as well; Lawrence Allen, son of State Rep. Alma Allen and an unsuccessful candidate for HD26 in the Dem primary this year, is its incumbent. SBOE8 is a heavily Republican district with about half of its voters in Harris County and about a third in Montgomery County. It was won this year by Audrey Young over a Libertarian opponent, succeeding Barbara Cargill. Cargill was unopposed in 2016 and beat a Dem candidate in 2012 by a 71-29 margin, getting about 66% of the vote in Harris County. Like just about everywhere else, that part of the county is a lot less red than it used to be. SBOE6 was of course the focus of attention after Beto carried it in 2018. Biden fell a tad short of Beto’s mark, though Trump also fell short of Ted Cruz. No other Dem managed to win the vote there, with the range being about four to seven points for the Republicans, which does represent an improvement over 2018. Michelle Palmer lost by two points here, getting 47.38% of the vote (there was a Libertarian candidate as well; the victorious Republican got 49.76%), as the Dems won one of the three targeted, Beto-carried seats, in SBOE5. I presume the Republicans will have a plan to make the SBOE a 10-5 split in their favor again, but for now the one gain Dems made in a districted office was there.

I don’t think I’ve ever done a full accounting of State Senate districts in previous precinct analyses. Only three of the eight districts that include a piece of Harris County are entirely within Harris (SDs 06, 07, and 15; 13 extends into Fort Bend), and only SD17 is competitive. Beto and a couple of others carried SD17 in 2018 – I don’t have the full numbers for it now, but Rita Lucido won the Harris County portion of SD17 by a 49.4-48.8 margin in 2018, and every Dem except Kathy Cheng won SD17 this year, with everyone else except Gisela Triana exceeding Lucido’s total or margin or both. An awful lot of HD134 is in SD17, so this is just another illustration of HD134’s Democratic shift.

The other interesting district here is SD07, which Dan Patrick won by a 68.4-31.6 margin in 2012, and Paul Bettencourt won by a 57.8-40.3 margin in 2018. Every Dem had a smaller gap than that this year, with most of them bettering David Romero’s percentage from 2018, and Biden losing by just over ten points. It would be really interesting to see how this district trended over the next decade if we just kept the same lines as we have now, but we will get new lines, so the question becomes “do the Republicans try to shore up SD07”, and if so how? SD17 is clearly the higher priority, and while you could probably leave SD07 close to what it is now, with just a population adjustment, it doesn’t have much spare capacity. If there’s a lesson for Republicans from the 2011 redistricting experience, it’s that they have to think in ten-year terms, and that’s a very hard thing to do. We’ll see how they approach it.

TDP asks SCOTUS to review age discrimination claim in mail voting

From the inbox:

Today, the Texas Democratic Party and voters filed their final brief with the U.S. Supreme Court, seeking its review of the case filed last Spring which challenged the constitutionality of Texas’s law that limits voting by mail, without excuse, to voters age 65 and older. The 26th Amendment prohibits “denying or abridging” the right to vote based on age, which Texas law does. The United States Court of Appeals for the Fifth Circuit ruled in September that so long as all voters can vote in person, it does not abridge the right to vote if the state provides some voters with additional voting options. The Texas Democratic Party and voters argue this ruling runs contrary to the 26th Amendment and is inconsistent with U.S. Supreme Court precedent.

The Supreme Court is scheduled to confer regarding this case on January 8, 2021. On January 11, 2021, at 10:00 am ET, the Court will issue its orders list for the 2021 term. At that point, the Court may grant review of the case, deny review, or hold the case over for further consideration at a later time. If the Court grants review, the case could be heard this term, with a decision before Summer or it could decide to hear the case in its term beginning Fall of 2021. If the court denies review of the case, it will return to the U.S. District Court in San Antonio, where it will proceed to the final trial and, thereafter, potentially go back through the appeals process.

See here for my last update on this case, and here for a copy of the filing, which in fancy lawyer-speak is a “petition for a writ of certiori”. SCOTUSblog has a concise summary of the case so far. The brief makes three arguments, of which the first two are technical and boring to non-lawyers, but the third is a straightforward claim that the Fifth Circuit erred in its ruling:

The error in the Fifth Circuit’s reasoning was powerfully illustrated by the statement respondents’ counsel made at oral argument: “[I]f a state were to pass a law saying that White people must vote by personal appearance but Black people can vote by personal appearance or by mail-in balloting, …. the Fifteenth Amendment would not prohibit that law because that law does not deny or abridge the right to vote within the meaning of the Fifteenth Amendment.” Or. Arg. Rec. at 41:27-42:07. To state that position is to show its indefensibility.

1. The Fifth Circuit treated “abridge” as solely a temporal restriction: In its view, a state’s law does not “abridge” the right to vote when it adds voting opportunities for some, so long as one manner of voting remains in place for those not given the new voting opportunity. See BIO App. 38a. That holding is inconsistent with this Court’s precedents that the concept of abridgement “necessarily entails a comparison” of “what the right to vote ought to be.” Reno v. Bossier Par. Sch. Bd., 528 U.S. 320, 334 (2000).

Contrary to the Fifth Circuit’s arid resort to dictionary definitions of “abridgment,” BIO App. 33a34a, the proper baseline under the Fifteenth, Nineteenth, Twenty-Fourth, and Twenty-Sixth Amendments is given in the text of those amendments themselves. Those amendments provide that the right to vote shall not be abridged “on account of” or “by reason of” specific characteristics: “race,” “sex,” taxpaying status, or “age.” By their plain terms, those amendments call for a comparison between the law’s treatment of voters of different races, sexes, taxpaying statuses, or ages—not between the scope of the right a particular voter enjoyed yesterday and the scope of the right he or she enjoys today. It cannot be that the Fifteenth Amendment would have nothing to say if a jurisdiction gave white voters an early voting period, as long as it left untouched a preexisting ability for Black voters to cast a ballot in person on election day. But that perverse consequence is exactly what the Fifth Circuit’s logic commands.

The reason why the voting amendments use the word “abridge” is not to create a temporal comparison, but to make clear that any race-, sex-, taxpaying-, or age-based suffrage rule, and not only categorical denial of the right to vote, is covered. The Voting Rights Act, which was enacted to enforce the Fifteenth Amendment, illustrates this point. While Section 5, the provision at issue in Bossier Parish involved a statute with language explicitly requiring a temporal comparison, Section 2 echoes the Fifteenth Amendment text and requires an inter-voter comparison. Section 2(a) prohibits practices that result “in a denial or abridgement” of the right to vote on account of race or color or membership in a specified language minority. 52 U.S.C. § 10301(a). Section 2(b) declares that a violation of that prohibition occurs, among other things, when the plaintiff group has “less opportunity than other members of the electorate to participate in the political process and to elect representatives of their choice.” 52 U.S.C. § 10301(b) (emphasis added). That understanding of abridgment is also, as the petition explains, more consistent with this Court’s decision in Harman v. Forssenius, 380 U.S. 528 (1965). See Pet. 20-22.

Basically, the Fifth Circuit said that giving one set of voters (in this case, voters over the age of 65) something extra (no-excuses absentee ballots) was fine and not a form of discrimination against other voters, who were still able to vote. The TDP argues that the correct interpretation of the 26th and other amendments to the constitution is that not giving the under-65 voters the same benefit as the 65-and-older crowd is an abridgement of their rights, and thus unconstitutional. I think the plaintiffs have a solid argument, but as we know I Am Not A Lawyer, and also this particular Supreme Court is nobody’s friend when it comes to voting rights. We’ll know in January if we’ll get a short-term resolution or if this goes back to the trial court for a do-over.

Aguirre’s arraignment

The latest update on the Aguirre/Hotze fever-dream “vote fraud” case.

An ex-Houston police officer on Friday swore he is “done” with private investigations after being arrested and charged with assaulting an air conditioning repairman he claimed was involved in a massive ballot fraud scheme.

Mark Aguirre, a former Houston Police Department captain who is now a licensed private investigator, called in to state District Judge Greg Glass’ courtroom for his first court appearance in the case. His setting originally was scheduled for Thursday but was postponed because he has COVID-19, his attorney said.

As conditions of his release on bond, Aguirre is barred from contacting the repairman, possessing firearms, or continuing to work with the Liberty Center for God and Country, which hired him to investigate voter fraud leading up to the Nov. 3 general election.

When prosecutors requested Aguirre no longer work with the right-wing group, he volunteered not to do any more investigations, period.

“No. I’m done,” he said.

Aguirre frequently works with law firms around Houston, defense attorney Terry Yates said.

Glass denied prosecutors’ requests that Aguirre be monitored by a GPS tracking device. He has one firearm that he said he would turn over to his attorney.

Aguirre was charged Tuesday with aggravated assault with a deadly weapon, a felony, and was released after posting bond on a $30,000 bail.

[…]

Yates gave a different account of what happened in an interview Friday, alleging that the incident took place after Aguirre and the repairman were involved in a “fender bender.” Yates said the repairman got out of his truck and rushed at Aguirre, prompting the confrontation.

“(The police) came out and investigated, and after they took quite a bit of time out there interviewing everybody, they gave (Aguirre) his gun back and told everybody to go their separate ways,” Yates said.

See here and here for the background. My first thought is that I’m going to need to come up with a pithy name for this saga, because the description I used in the opening of this post just won’t do. My second thought is that if Aguirre goes and does something stupid before his trial, at least he met the criteria of being able to pay a bail bondsman for his ability to be out on the street. My third thought is that defense attorney Terry Yates, and by extension Hotze, is going long on the defense here by claiming a completely alternative reality, one in which the victim in the alleged crime is actually the instigator and the defendant is the real victim. I presume there will be a heaping helping of conspiracy as part of this defense, since there was a few weeks between the event in question and the arrest of Aguirre. I wonder if Yates will have any evidence to present to back his claims about the van driver, or if he’s just going to spray a lot of countercharges and hope to confuse the jury. I have previously speculated that there may be further investigation into the payments that Hotze made to Aguirre, and so I wonder if we will see further charges down the line. Or maybe this is all there is and it will fizzle out, perhaps into a misdemeanor plea. It’s something to look forward to in 2021, at least.

“Of course I didn’t say the thing that I totally said”

“You just weren’t supposed to understand it.”

Texas Republican Party Chairman Allen West said Monday he was not advocating secession from the United States in his response on Friday to the U.S. Supreme Court’s decision to refuse to take up a Texas-led lawsuit to overturn election results in four battleground states.

After the Supreme Court rejected the Texas case, West released a statement to the public expressing his frustration with the decision. But he included one line that caught national attention.

“Perhaps law-abiding states should bond together and form a union of states that will abide by the Constitution,” West said.

But West said that was never a call for Texas to leave the Union like it did in 1861. In a message to Republicans on Monday, he said he’s still unsure why people think his statement meant he wanted Texas to secede.

“I am still trying to find where I said anything about ‘secession,’” West said.

Truly, it’s our fault for having sufficient reading comprehension skills.

Meanwhile

Texas Republicans on Monday couldn’t resist making one last futile stand for President Donald Trump even during what normally should have been a mundane and routine meeting certifying he had won the Lone Star State.

After 38 designated supporters of President Donald Trump cast all of Texas’ Electoral College votes, they went off script and crafted a nonbinding resolution calling on state legislatures in Pennsylvania, Georgia, Michigan and Wisconsin to change their pick from President-elect Joe Biden to Trump in an attempt to erase the Democrat’s win.

The resolution, which doubled down on Texas Attorney General Ken Paxton’s long-shot effort last week to undermine Biden’s win, also condemned the U.S. Supreme Court for “a lack of action.”

All of them need a snack and their nap pad. It’s just so, so sad.