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Harris County Judge

July 2021 campaign finance reports: Harris County

PREVIOUSLY: Congress

There will be plenty of crucial races in Harris County in 2022. Because of the Democratic sweep in 2018, all of the countywide offices are held by Dems, meaning this is the first non-Presidential year in which Democrats will be running for re-election. That also includes two of the three Democratic members of Commissioners Court, which obviously has played a huge role in Harris County politics these past two-plus years.

It’s early in the cycle, but that doesn’t mean that no one has an announced opponent. There are a few names out there that I hadn’t heard before I went looking. That’s another reason why these July-the-year-before rituals are worth doing – you never know what you’ll find. With that, let’s get started.

Lina Hidalgo, County Judge

Adrian Garcia, County Commissioner, Precinct 2
John Manlove, County Commissioner, Precinct 2
Jack Cagle (SPAC), County Commissioner, Precinct 4
Clarence Miller, County Commissioner, Precinct 4

Teneshia Hudspeth, County Clerk

Marilyn Burgess, District Clerk
Desiree Broadnax, District Clerk

Dylan Osborne, County Treasurer
Stephen Kusner, County Treasurer


Name             Raised      Spent    Loans    On Hand
======================================================
Hidalgo         660,776    102,858    1,400  1,023,311

Garcia          948,820    102,120        0  1,735,396
Manlove          53,750         46   10,000     53,703
Cagle           990,021    164,080        0  1,291,557
Miller           10,243      2,093        0      8,013

Hudspeth          1,066      5,597    1,000      6,162
Burgess           3,068      7,207        0      8,207
Broadnax            325         75        0        249
Osborne               0        174        0        505
Kusner              100          0        0        100

Probably a few names on there that you don’t recognize as well. Let’s take it from the top.

The big question surrounding County Judge Lina Hidalgo, now that she has officially announced her re-election bid, is whether she would draw a primary challenger. As we’ve discussed before, there are many reasons why someone might challenge Judge Hidalgo in the primary, none of which are directly related to the job she has done. One thing that may scare off potential rivals is a show of force in the fundraising department, which I’d say we have here. Hidalgo was not a big fundraiser in 2018, which is no surprise given she was running against a well-established incumbent and was a first-time candidate that was widely underestimated. She has stepped things up in the last year – as of July 2020, she had $371K on hand, after having raised $173K in that filing period. She wasn’t on the ballot, and surely didn’t want to compete with Dems who were, but still. She’s showing she can raise money with anyone, and she would start out in a primary with a big cash advantage. Maybe that scares off competitors and maybe it doesn’t, but it definitely sends a message.

I should note that if you search for campaign finance reports on the HarrisVotes website, and you sort by Office, you will see that there is another person listed for County Judge, Juanita Jackson. My first thought was that she is challenging Hidalgo next year, but I needed to double check that, because we have seen people whose intended office is actually one of the County Court benches be listed like this before. Indeed, it appears that Jackson is really running for Harris County Criminal Court #10 – the picture there matches the one on her Facebook page, and it appears she may have run for a similar position in 2010. I feel pretty confident she is not challenging Judge Hidalgo but the incumbent judge on that bench, Lee Harper Wilson.

Both of Hidalgo’s colleagues on Commissioners Court who are up in 2022 do appear to have opponents, though both are November challengers. Running against Commissioner Adrian Garcia in Precinct 2 is John Manlove, a former Mayor of Pasadena and a two-time Congressional candidate. He previously ran for CD22 in 2008 – he finished third, behind Shelley Sekula Gibbs and eventual winner Pete Olson – and for CD36 in 2014, following Steve Stockman’s switch to the Senate race – he finished third again, though this time much farther out of the money. Of his modest total, all but one donation was for at least $1,000, so this is not what you might call a grassroots movement. His report lists a $10,000 contribution to himself, and also a $10K loan – it’s on the Subtotals page, not the topline summary. I don’t know if the is an error is in how he filled out the form or if he double-counted that $10K. Not that big a deal, and he may file a corrected report, we’ll see. Garcia’s total speaks for itself and it’s what you’d expect from someone in his position.

The same can be said for Jack Cagle, who has been a Commissioner for longer than Garcia but who is (for now, at least) in a less competitive district. Remember, Commissioners Court will be redistricted as well, and we have no idea yet what that map will look like. Clarence Miller has been running for this position for awhile – I know I have spoken to him, maybe in early 2020, it must have been in person because I can’t find a written message. He doesn’t have a lot of cash to show for it yet, but he’s there and he’ll have an easier time of things when in person events begin happening with frequency again.

Teneshia Hudspeth was on the ballot in 2020 to complete the unexpired term of office that had been vacated when Diane Trautman resigned. She is now running for a full term and has no opponents as yet. Generally speaking, County Clerk is not a big fundraising office, so her totals here are perfectly normal.

The other two incumbents, both in their first terms, appear to have opponents. Desiree Broadnax looks like a primary opponent for District Clerk Marilyn Burgess, and according to her personal Facebook page, she works at the Harris County District Attorney’s office. I didn’t find anything for “Stephen Kusner” at first, until I made the obvious decision to look for Steve Kusner, and there I found the announcement of his candidacy. While I infer that Desiree Broadnax is a Democrat, it’s quite obvious that Steve Kusner will be running as a Republican. As with County Clerk, neither of these races draws much in the way of campaign contributions. Everyone will rise or fall more or less on the topline partisan vote in the county.

Finally, while I didn’t include them in the table above, there are two other reports of interest. As you know, I’ve been checking in on the finances of the late El Franco Lee, since there was over $3 million in his account at the time of his death. While there was a report in 2019 that “all campaign funds have been allocated for the El Franco Lee campaign account in accordance with the guidelines from the Texas Ethics Commission”, there still remains $900K in his account, with expenditures of just $1,000 over the past six months. The deadline for disposing of the rest of that is 2022.

The other report belongs to the now-retired Steve Radack, who remains with $1.1 million on hand. As with Lee, he can give it to other candidates or campaigns, the state or county Republican Party, the state treasury, a tax-exempt charity, a school or university for a scholarship program or as a refund to donors who gave in the final two years the candidate accepted contributions. He has a deadline of 2026 to do something with the funds.

So that’s what’s going on at the county level. I’ll take a look at the city of Houston – yes, I know, there are no municipal elections, but they can fundraise now and I like to check in – and HISD/HCC next. Let me know what you think.

On Judge Hidalgo’s principles and politics

This op-ed about Harris County Judge Lina Hidalgo looks at her background and her style as an elected official to explore her political future.

Judge Lina Hidalgo

The question remains, is Hidalgo so focused on being a benevolent wonk that she ignores the risk — both pragmatic and political?

It’s a mistake to assume that she doesn’t care about politics or isn’t learning to play the game. Political observers point to her reliance on consultants and her passionate championing of social issues, which surely pleases her base but saps precious political capital she’ll need to influence Republicans on the balkanized court.

Still, Hidalgo’s sense of principle is what led her to implement protective lockdowns that are unpopular and cause real economic suffering. It’s what led her to support bail reform and changes to the criminal justice system that will be used as a cudgel against her.

Even if Democrats rally around her to hold off challengers, the right Republican can still put up a fight.

Hidalgo defeated Emmett by fewer than 20,000 votes, a smaller margin than what the Libertarian candidate pulled in.

“Harris County is not Dallas County, it’s not Travis. It’s still in play,” Siegel, the head of the Harris County GOP, said. “She’s going into areas that are not good for the county or its citizens.”

What’s undeniable is that Hidalgo is running the county as she said she would — and the only way she knows how.

“We’re willing to ask the question, ‘What does the evidence say we should do?’ Rather than taking the easy political route,” she said.

She doesn’t give out turkeys and she won’t take them, either. Hidalgo refuses contributions from those who have business with the county, which she recognizes makes her political future more difficult, limiting a source of legal funding that most local officials don’t think twice about securing.

She wants to run for a second term but says she has no interest in county government beyond that, an unusual admission for a politician that in and of itself leaves her vulnerable to challenge.

“I don’t want to be in the county for 30 years. I’m afraid that if I did that, I would kind of lose that fresh perspective. I just don’t know how much more value I would add,” she said. “But I definitely want to be able to see these things through.”

Sorry, Cindy Siegel, but after three straight shutout elections, Harris County is blue until proven otherwise. I get that this is an off year, and we’re now under a Democratic President, and the two elections like that before 2018 sucked for us, but I stand by that assessment. As such, I believe the larger threat to Judge Hidalgo’s re-election in 2022 is a primary challenger, a subject I’ve discussed before and don’t have anything to add at this time.

I guess I find the continued dissection of Judge Hidalgo’s unconventional history and policy-over-politics approach interesting but ultimately kind of pointless. She’s been very consistently and genuinely herself, and I just don’t think the average voter cares that much about this. She does a good job, she has helped enact policies that have benefited people and that have significant support among voters, and she has been an effective communicator in difficult times. There’s not a whole lot of mystery here.

Finally, as far as her future beyond 2022 is concerned, her answer is a more blunt version of “I’m just focused on what’s in front of me now, and don’t care to speculate beyond that”, which is actually a pretty normal answer. She has said she’s running for re-election, she’s deflecting the chatter that exists that she might run for higher office, and she’s leaving her options open for what comes next. She’s just using more direct words to say that, which may be confusing if you were expecting the usual kind of obfuscatory response. I don’t see where the vulnerability is in that.

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.

The state of the county 2020

Mostly, COVID is bad and we’re not getting much help, and we’re also not allowed to do the things we know we need to do. Other than that…

Judge Lina Hidalgo

The worsening COVID-19 pandemic in Texas, which this week became the first state to exceed 1 million cases, demands a more aggressive response that may include more restrictions, Harris County Judge Lina Hidalgo said Thursday.

Hidalgo used her annual State of the County address to criticize what she views as a half-hearted state and federal response that has led to unnecessary deaths and a laggard economy stuck in a cycle of halted reopenings.

She called for the adoption of science-based shutdown thresholds, similar to the county’s threat level system, and lamented that Gov. Greg Abbott earlier this year stripped local officials of the ability to issue enforceable COVID-19 restrictions on travel and commerce. The recent, sustained increases in cases and hospitalizations will lead to new shutdowns, she predicted.

“Inevitably, another pullback is necessary,” Hidalgo said. “We see the numbers in El Paso. Our hospitals were almost overwhelmed in June and July, and now our numbers are again ticking up. We have to get this under control.”

Houston region hospitals reported 1,079 admitted COVID patients on Thursday, the highest figure since Sept. 7, according to the Southeast Texas Regional Advisory Council. Hospitalizations peaked in mid-July just below 4,000 and had been steadily declining until October.

The percent of ICU patients who are COVID-positive again has grown beyond 15 percent, the warning threshold used by health officials.

Harris County has been at its highest threat level since mid-June, which urges residents to stay home when possible and avoid unnecessary contact with others. Though some have criticized Hidalgo for sticking to the recommendation, even as most people have resumed some form of normal life, Hidalgo said the county never met all the criteria for downgrading to Level 2. Those include a test positivity rate of 5 percent and a daily new case average of 400.

Hidalgo did not mention the governor by name, but her message to his administration was clear: adopt a set of metrics, stick to them and let science rather than politics guide Texas through a potentially grim winter before a vaccine is ready next year.

Abbott told a Dallas-Fort Worth television station on Wednesday that businesses will be able to remain open so long as Texans “return to those safe practices” that helped the state defeat the summer surge in cases.

I mean, she’s right. Abbott, who never paid much attention to the metrics his own people recommended way back in May, has basically lost interest in COVID. Remember, bars and gyms are open, restaurants can operate at 75% capacity, and there’s no statewide mask mandate. The state of Texas is suing El Paso for attempting to impose a shutdown as cases there go through the roof. I don’t know how bad it has to get for Abbott to care again, and I’m afraid we’re going to find out. And I strongly suspect that when President Biden and his all-star task force try to take action to get this pandemic under control, he’s going to bitch and moan and resist, because he just doesn’t care and would rather play politics. I don’t know what else to say.

Judge Hidalgo did talk about other things, including criminal justice reform, establishing a defense program for immigrants facing deportation, and supporting the Ike Dike. All good things, but all in the back seat until we crush COVID. You can see the video of her address here.

Looking ahead to 2022

Continuing with the brain dumps, which are my post-election tradition. This is a collection of thoughts about the next big election, in 2022.

As I said earlier, I take no position on the question of what effect the disparity in door-to-door campaigning had. I can buy there was some effect, but we have no way of how much of an effect it was. The good news is, whatever the case, this isn’t a trend, it’s a one-time effect of an election in a pandemic. I feel pretty confident saying that barring anything extraordinary, traditional door-knocking will be a big component of everyone’s 2022 campaigns. Perhaps Democrats will have learned something useful from this year’s experience that will enhance what they can do in 2022; admittedly, what they have learned may be “this sucks and we never want to do it this way again”.

There are a couple of things that concern me as we start our journey towards 2022. The first is that after four long years of hard work, with one rewarding election cycle and one disappointing cycle, people will be less engaged, which needless to say will make keeping the ground we have gained, let alone gaining more ground, that much harder. I think people will be focused on bringing change to our state government, but we can’t take this for granted. People are tired! These were four years from hell, and we all feel a great weight has been lifted. I get it, believe me. But we felt this way following the 2008 election, and we know what came next. We cannot, absolutely cannot, allow that to happen again. We know what we need to do.

Second, and very much in line with the above, the national environment matters. What President Biden will be able to accomplish in the next two years depends to a significant extent on the outcome of those two Georgia Senate runoffs, but however they go we need to remember that there are significant obstacles in his way. Mitch McConnell and the Republicans were greatly rewarded for their all-out obstructionism throughout the Obama presidency. We can’t control what McConnell et al do, but we can control our reaction to it. Do we get discouraged and frustrated with the lack of progress, or do we get angry with the people whose fault it really is? How we react will be a big factor in determining what the national mood in 2022 is.

I’m already seeing people give their fantasy candidate for Governor. They include the likes of Beto O’Rourke, Julian Castro (my choice), Cecile Richards, Lina Hidalgo, and others. I don’t know who might actually want to run – it is still early, after all – but we just need to bear in mind that every candidate has their pros and cons, and we need to worry less about matters of personality and more about building coalition and continuing the work we’ve been doing.

For what it’s worth, four themes I’d like to see our eventual candidates for Governor and Lt. Governor emphasize: Medicaid expansion, marijuana legalization, emergency/disaster preparedness and response, and improving the voter experience, with a focus on online voter registration. The first two have proven they are popular enough to be adopted by voter initiative in deep red states, the third is obvious and should include things like hurricanes, flooding, and drought in addition to pandemics in general and COVID-19 in particular, and the fourth is something there’s already bipartisan support for in the Lege. Let Greg Abbott and Dan Patrick defend the status quo here.

(Increasing the minimum wage was also a ballot initiative winner in states like Florida, and it generally polls well. I very much support raising the minimum wage, but don’t have as much confidence that it would be an electoral winner here. I’m open to persuasion otherwise.)

Here are some numbers to contemplate as we look towards 2022:

I’d attribute the regression in performance in the biggest 15 counties to Republican improvement more than Democrats falling short – as noted multiple times, Democrats hit new highs in the big urban counties, but so did the GOP. There’s still room for growth here, especially in an environment where turnout level is much more volatile, but the marginal growth is smaller now. Putting that another way, there’s no longer a deficit of voter registration in these counties. We need to maintain and keep up with new population growth, but we’re not behind where we should be any more. If we do that, and we prioritize maximizing our own base, we’ll be fine.

It’s the bottom two groups that we need to pay some attention to. A lot of these counties have medium-sized cities in them, and that’s an obvious place to focus some effort. (I’ve been beating that drum for months and months now.) But we really need to do something about the small rural counties, too, or face the reality of huge vote deficits that we can’t control and have to overcome. I know this is daunting, and I have no illusions about how much potential for gain there is here, but I look at it this way: If Donald Trump can convince some number of Black and Latino people to vote for him in 2020, after four years of unrelenting racism and destruction, then surely nothing is impossible. I think marijuana legalization could be a good wedge issue here. Remember, the goal is to peel off some support. A few points in our direction means many thousands of votes.

It’s too early to worry about legislative and Congressional races, because we have no idea what redistricting will wrought. I think we should be prepared for litigation to be of limited value, as it was this decade, and for the Republicans to do as much as they can to limit the number of competitive districts. They may be right about it in 2022, but that doesn’t mean they’ll be right in subsequent years.

In Harris County, we should expect competitive primaries for all of the countywide positions, and for many of the judicial spots. Judge Lina Hidalgo has done an outstanding job, but we know there are people who could have run in 2018 who are surely now thinking “that could have been me”. Don’t take anything for granted. We need to keep a close eye on the felony bail reform lawsuit, and news stories about how the current judges are handling bail hearings, because we are going to have to hold some of our folks accountable. We need to make sure that all of the Republican justices of the peace have opponents, especially the ones who have refused to do same-sex marriages.

Overall, there’s no reason why we can’t continue to build on what we have done over the past decade-plus in Harris County. Complacency and disunity will be our biggest opponents. The rest is up to us.

Politico profile of Lina Hidalgo

Good stuff.

Judge Lina Hidalgo

In late April, Lina Hidalgo stood at a microphone in the Harris County emergency operations center in Houston and pushed up the teal fabric face mask that had slipped off her nose. Her voice was slightly muffled as she spoke. Next to her, an American Sign Language interpreter translated for an audience that couldn’t see her lips. But there was no need to worry her message would be lost. Soon it would become the subject of debate across the country—and so would she.

Hidalgo, the county judge of Harris County—the top elected official in the nation’s third-largest county—announced that millions of people in the Houston area would be required to wear a face covering in public to slow the spread of the coronavirus. People who didn’t comply would risk a fine of up to $1,000. Behind her, charts and graphs told the statistical story that had led Hidalgo to this moment. Since early March, when the state’s first case of Covid-19 had been identified in Houston, the urban heart of Harris County, the number of infected people in the county had climbed to 3,800. That day, the death toll stood at 79 and Houston’s mayor, Sylvester Turner, warned that number could “exponentially increase.”

Hidalgo had been bracing for the disease for weeks. She had sought advice from officials in King County in Washington state, the nation’s first hot spot. Armed with their insight, she rallied her own emergency management and public health officials to prepare a response and on March 16 ordered the closure of bars and restaurant dining rooms. Initially, state officials followed suit. Three days after Hidalgo’s order, Gov. Greg Abbott declared a public health disaster for the first time in more than a century. Texans huddled indoors. But by early April, pressure was mounting on Abbott to end the lockdown. Hidalgo was pulling the other way.

You know what happened from there. You should read the whole thing, it’s mostly stuff you already know but it’s deeply satisfying to see someone who’s been right about the virus in all the ways that matter and who’s been the target of some vicious, racist insults as a result of her being right about it get her due. I’m going to highlight two other bits here:

“The perils of straight-ticket voting were on full display Tuesday in Harris County,” the Chronicle’s editorial board clucked. “Longtime County Judge Ed Emmett, a moderate Republican who’s arguably the county’s most respected official, was ousted by Lina Hidalgo, a 27-year-old graduate student running her first race.”

“We hope she succeeds,” the editorial continued, “but residents can be forgiven for being squeamish about how Hidalgo will lead the county and, by extension, the region’s 6 million people, through the next hurricane.”

I can understand the initial apprehension about a political newcomer taking over as County Judge, and I can understand some unease at it happening as part of a partisan wave. But I guess I’m just going to die mad about all the pearl-clutching over straight-ticket voting, which casts a whole lot of people as mindless automatons instead of individuals who made a choice. That choice in 2018 was to vote for change, and to vote against Donald Trump. One can admire Ed Emmett for his competence, his compassion, his deep concern for Harris County and its residents, and still disagree with him on principles and priorities, and want to see our county government move in a different direction. The sheer condescension in that first paragraph will never not annoy the crap out of me.

“I expect for some Texans it’s a little hard to take that a young Latina who earned her citizenship, as opposed to being born here, has the level of authority that she has,” one of her advisers, Tom Kolditz, told me. “She absorbs every criticism, she listens to every racial dog whistle, she puts up with ageist comments about what her abilities are or are not.”

[…]

Re-opening schools has emerged as another battleground. Hidalgo has taken a position that is consistent with her aggressiveness throughout the pandemic. On July 21, she ordered all school districts in Harris County to delay opening schools for in-person learning for at least eight weeks. Wearing a floral face mask at a recent press conference, her curly hair longer than normal due to the pandemic, she urged the community to work together “until we crush this curve.”

“Then, we can responsibly bring your kids back to school,” she said. “Right now, we continue to see severe and uncontrolled spread of the virus and it would be self-defeating to open schools.”

A familiar chorus of criticism from state and federal Republicans followed quickly. Rep. Crenshaw, among others, has beat the drum that schools must open. And a week after Hidalgo’s announcement, the Texas attorney general said that local health authorities can’t close schools to preemptively prevent the spread of Covid-19. The Texas Education Agency, which oversees public education in the state, announced it wouldn’t fund schools that closed under such orders.

Kolditz, Hidalgo’s adviser and a retired Army brigadier general, has framed the pandemic like a war that can’t be won without a common objective and unity. When Hidalgo was empowered to call the shots in Harris County the pandemic was relatively under control, he said. Since Abbott undermined that, “it’s been a disaster.”

“We’re going to wake up from this pandemic and be stunned by how many lives were wasted by bad leader decisions, and she is not a part of that,” he said.

Hidalgo has largely tried to avoid making the pandemic into a political fight, but she is not naïve about the political implications of every decision. “If we do the best we can and, politically, that wasn’t appropriate for people and I’m not re-elected in two years, I’ll be disappointed, but I’ll be able to sleep at night.”

I mean, we could listen to the person who’s been consistently right, or we could listen to the people who have been consistently wrong. Seems like a clear choice to me, but what do I know?

SCOTX rejects multiple Hotze petitions

Some good news.

The Texas Supreme Court has refused to hear several challenges by a Houston conservative power broker to emergency orders on coronavirus issued by Gov. Greg Abbott and Harris County Judge Lina Hidalgo.

Without comment, the nine Republican justices on Friday denied a request that they review a trial court that upheld Hidalgo’s April 22 mask order.

The order required residents to wash hands before leaving home and wear masks, stay 6 feet away from each other and avoid touching their faces in public. For a time, Abbott, a Republican, prevented Hidalgo, a Democrat elected in 2018, from enforcing it. The governor later reversed course and issued his own mask order.

Experts said Friday they weren’t surprised that in five recent lawsuits, the state’s highest civil court has declined Dr. Steve Hotze’s demands that it step in and overturn Abbott and Hidalgo’s COVID-19 orders. Each time, the court ruled on procedural grounds.

Hotze, a staunch conservative who for decades has wielded influence with his “slate cards” telling Harris County voters whom to back in Republican primaries, said his bid to protect Texans’ state and federal constitutional rights will continue.

“We fight on,” he said. “It’s obvious to me some members of the Supreme Court just don’t want this case to come up. They don’t want to go against Abbott. Six of them were appointed by Abbott.”

See here for the background, and here for the one-line denial. This follows on the heels of an earlier denial over Abbott’s statewide mask order.

The Texas Supreme Court on Friday dismissed a lawsuit disputing Republican Governor Greg Abbott’s executive orders closing nonessential businesses during the Covid-19 pandemic, but one justice expressed concern he is improperly taking the role of state lawmakers.

The Republican-controlled high court dismissed without comment the lawsuit filed by lead plaintiff and Republican activist Dr. Steven Hotze for a lack of jurisdiction.

Justice John Devine agreed with the dismissal, concluding a lawsuit against the governor is the incorrect vehicle. Nonetheless, Devine said Abbott’s emergency actions are not “categorically immune” from review by the courts and he finds it “difficult to square” the governor’s orders and state law.

“I share relators’ concern in what they describe as ‘an improper delegation of legislative authority’ to the executive branch,” his five-page concurring opinion states. “During declared states of ‘disaster,’ the Texas Disaster Act of 1975 bestows upon the governor the power to issue executive orders that have ‘the force and effect of law.’ Disaster or not, the Texas Constitution doesn’t appear to contemplate any circumstances in which we may condone such consolidation of power.”

Devine, a Republican, said the constitution’s ban on a branch of government exercising another branch’s powers “is not simply a suggestion.”

“In the first article, it states: ‘No power of suspending laws in this state shall be exercised except by the Legislature,’” he wrote. “This provision means what it says. The judiciary may not suspend laws. Nor may the executive. Only the Legislature.”

The Texas Legislature is only in regular session once every two years for 140 calendar days beginning in January. Abbott has so far ignored calls by state lawmakers to call a month-long special session to replace his executive orders during the pandemic.

Devine wrote the court’s dismissal “should not be misperceived as a judicial kowtow” to Abbott, saying there is no “pause” button to the Texas Constitution. He expressed worry that more executive orders will come when a second wave of the virus hits, resulting in “short-term orders could continually escape” the court’s review.

See here for that background, and here for that denial. This recapitulates what I’ve been saying all along – there are serious questions to be asked about the Governor’s powers at this time and what the role of the Legislature should be, questions that I sincerely hope are addressed by the next Lege, but Steven Hotze and Jared Woodfill and their shambling evil Lawsuits R Us clown car is absolutely the wrong way to examine those questions. I would also add that SCOTX’s loopiest Justice John Devine is exactly the wrong person to be setting the outlines of this debate, but at least he did so in a concurring opinion. I’ll take what I can get at this point.

On a side note, in that first article Rice poli sci professor Mark Jones is quoted saying that in a 2015-2017 context, Greg Abbott very likely would have given more weight to the demands of the fringiest wingnuts in the Republican Party, because there would have been no political counterweight to them. But now, at a time when Donald Trump is at best running even with Joe Biden in the polls of Texas and the Democrats have a legitimate shot at taking the State House and knocking off a bunch of GOP members of Congress, some discretion on his part is the better part of valor. In other words, elections do have consequences.

Finally, since all news of bad things happening to Steven Hotze is good news, I was recently sent some relevant court documents by a very helpful reader that I will chare with you here. First, is this by a Harris County judge, issued on his own volition (the fancy Latin legal term for this is “sua sponte”), chiding Hotze and Woodfill for not properly serving all parties of his various lawsuits the relevant pleadings he’d been filing with SCOTX in a timely manner. Even more interesting is this one, filed by the Harris County Attorney on behalf of County Judge Lina Hidalgo and County Fire Marshal Laurie Christianson, accusing Hotze of filing multiple bullshit lawsuits against the county as a harassment tactic and asking for sanctions. Here’s a taste:

Hotze filed five lawsuits and two appeals against Judge Hidalgo in the last four months. Many of these cases are based on fabricated facts, and they all make identical constitutional challenges to the Texas Disaster Act. Based on Hotze’s own statements and actions, it is clear that he brought these duplicative suits for the improper purpose of harassing Judge Hidalgo.

Not only are these duplicative suits made for an improper purpose, but Hotze litigates them in a manner orchestrated to be as harassing as possible. Hotze presents all of his cases as urgent matters requiring emergency temporary restraining orders and emergency petitions for writ of mandamus to the Supreme Court. However, these cases are never urgent, have typically been pre-filed for days or weeks, are often set for hearing long after the orders they complain about have expired, and have nothing to do with science, liberty, or the Constitution. Their “urgency” is manufactured to deny Defendants due process by preventing them time to respond.

Hotze’s five lawsuits were designed to maximize delay and cost and create a never-ending conveyor belt of litigation using a six-step formula: (1) Hold a rally and generate negative media attention toward Judge Hidalgo, (2) solicit plaintiffs for a choose-your-own-adventure style lawsuit, (3) file a lawsuit, never serve it, then email opposing counsel about a hearing on a few hours’ notice, (4) make false claims, (5) amend, dismiss, or appeal before the court considers sanctions, and (6) start over with a new lawsuit and repeat the cycle.

It goes from there. It was filed in the 189th Civil Court, the same one whose judge issued that sua sponte order, and it requests “$10,000 in attorney’s fees and a conditional $10,000 in attorney’s fees if this matter is unsuccessfully appealed” on behalf of Hidalgo and Christianson in their official capacities. I have no idea what the odds of success of this motion are, but you do love to see it.

Another profile of Judge Hidalgo

It’s good, and she deserves the attention she’s getting, but there’s something about this that bugs me a little, and I’m trying to put my finger on it.

Judge Lina Hidalgo

On March 1, before Harris County reported its first confirmed case of the coronavirus but as the disease was already infiltrating America’s biggest cities, Harris County Judge Lina Hidalgo made a call to ground zero.

It was Dow Constantine, her counterpart in Washington state’s King County, who picked up. At the time, he was responding to what was believed to be the first coronavirus death in the United States.

Hidalgo believed Texas had the benefit of precious time, and she wanted Constantine’s advice to make sure she didn’t squander it. What did he wish he had known two weeks ago? How could Washington have been more prepared?

“I sat down with my team and said, ‘Guys, this is coming.’ It’s a bit like a hurricane in that we see it coming, but with this one we had more time,” Hidalgo said in an interview with The Texas Tribune. “There was no excuse to be caught flat-footed.” (Constantine told the Tribune that Hidalgo was the only county official who took the initiative to reach out for advice in the early days of the crisis.)

Harris County, the state’s largest, leads Texas in coronavirus cases and deaths, but the area has largely avoided the fates of the hardest-hit regions like Washington state, New York and Louisiana, where a surge of patients overwhelmed hospital systems. While the daily number of new cases reported in Texas continues to climb, the Houston area’s numbers have plateaued at a number far below their peak last month. The result is that Hidalgo, a first-term political figure, has been thrust into the spotlight.

Hidalgo, who took office in the aftermath of Hurricane Harvey, came into the job knowing she would have to prepare for disasters. “This is a huge county, and when you have landmass the size of Rhode Island and around 5 million people, things are bound to happen,” she said.

What she was not prepared for was the acrid backlash that would follow.

It goes from there, and it’s a good recap of what has happened so far and who (Republicans) has been vocally (and often insultingly) critical of Hidalgo, along with some biography that we should be reasonably familiar with by now. Like I said, there’s something about this that nags at me, and I have a hard time pinning it down. Part of me wishes that the main loudmouth critics in this story, like State Sen. Paul Bettencourt, would be made to answer just exactly what they would have done in her position. That can be satisfying to consider, but in reality they’d just come up with their own alternate history where everything they did turned out even better, and that accomplishes nothing. We can run a gazillion simulations of the pandemic based on whatever conditions we want to apply, but we only get to live it once, and we can never say for sure what might have been.

Perhaps another way to do this kind of story is to ignore the political critics and focus instead on the people who are front and center at dealing with the pandemic and its effects, and get their view on how various decisions and policies have helped or hindered them. The problem there is that people often don’t know or can’t isolate a particular action taken by one branch of government, and so what you get is a mix of their own interpretations and competing factors. How exactly do you distinguish between the feds, the state, and the locals have done if you’re a critical care doctor or nurse, or a grocery story employee? So I don’t know what that accomplishes, either.

So I don’t know that there’s a better way to tell this story than what we have here, which perhaps frustrates a close observer like myself but is more useful to someone who doesn’t spend as much time on this kind of minutia. I at least can always talk to my fellow nerds and get the unreported gossip, which is as much what I want as anything else. What do you want from stories like this?

What if it were Ed?

The question to ask yourself in reading this story about Republicans bitching and moaning about Harris County Judge Lina Hidalgo is “How different would things actually be if Ed Emmett were still County Judge?”

Judge Lina Hidalgo

By the time Harris County Judge Lina Hidalgo ordered residents to cover their faces in public April 22, Dallas, Bexar and Travis counties already had issued similar measures intended to blunt the spread of the novel coronavirus. Laredo’s mask rule, already 17 days old, also carried a potential $1,000 fine.

Only Hidalgo’s order drew the ire of Lt. Gov. Dan Patrick.

He blasted the rules as an abuse of Hidalgo’s authority. U.S. Rep. Dan Crenshaw, another Republican, said potential fines of up to $1,000 for violators would lead to government tyranny. The Harris County Republican Party and business coalitions decried the order.

Gov. Greg Abbott struck down the punishments on Monday, hours after Harris County’s order went into effect.

Much like the widening national political divide over how government should manage the pandemic, criticism of the county’s response falls along familiar partisan lines. Hidalgo has sparred with Republicans — and sometimes other Democrats — over releasing inmates from the county jail, closing businesses and requiring masks in public.

The clashes often are proxy battles over Hidalgo’s vision for the county she has pushed since taking office last year, when Democrats took control of Commissioners Court for the first time in a generation.

“More or less, they’re the same fights, but magnified because of the political implications for where the state is going to go in the future,” said Brandon Rottinghaus, professor of political science at the University of Houston.

[…]

Some of the critiques lobbed at Hidalgo focus on her youth, ethnicity and gender. She often asserts herself in these situations — whether a public speaker refers to her as a girl or, as Commissioner Steve Radack has called her, “young lady” — but otherwise moves on.

Most of the criticism is not identity-based, however. Many conservatives fundamentally disagree with her expansive view of government, willingness to raise taxes and dipping into the county’s historically high cash reserves.

The two Republican county commissioners, Radack and Jack Cagle, have accused Hidalgo of ignoring her promises of transparency, failing to seriously solicit their counsel and only seeking the advice of experts who are inclined to agree with her. Commissioner Rodney Ellis, formerly the only Democrat on the court, chalked his colleagues’ complaints up to unfamiliarity with serving in the minority.

The complaints extend to her handling of the pandemic. Houston City Councilman Greg Travis, who opposed closing the rodeo and the stay-at-home order, said Hidalgo did not properly consider the economic damage the restrictions would bring.

“It’s up to leaders to listen to experts in various fields and to try to chart a course that is best,” Travis said. “We put 350,000 people out of work.”

He cited Hidalgo’s mask order, which he said was foolish because police had little capacity to enforce it, as a misstep attributable to her inexperience. Travis said if masks were so important, Hidalgo should have required them a month earlier, along with closing down public transit.

Let’s start at the bottom and work our way up. I cannot take seriously anyone who thinks Judge Hidalgo should not have shut down the Rodeo – she herself thinks maybe she should have acted more quickly to shut it down – and the rest is petty nitpicking from the peanut gallery. CM Travis’ press release that criticized the Rodeo shutdown is one of those things that is Not Going To Age Well. And really, does anyone believe Ed Emmett wouldn’t have done the same thing, perhaps a bit later, perhaps even a bit sooner? We’ve wasted enough time on this.

As for the Commissioners Court complaints, Rodney Ellis is 100% right. Republicans had forty-some years in the majority. Steve Radack got to build a soap box derby park in Hockley as lord and master of his little fiefdom because he could. The county is a different place now, and they are all cordially invited to sit down and suck it up.

Finally, in regard to Dan Patrick and the rest of the nattering nabobs, again I ask what if anything do you think Ed Emmett would have done differently? Remember, Montgomery County and its extremely Trump-friendly County Judge issued a shutdown order on March 27, a mere four days after the Harris County order was issued. Harris County was a day or two behind the likes of Dallas and Bexar and Travis. The specifics of various county shutdown orders – and remember, it was counties doing this because Greg Abbott was too timid to do the potentially unpopular thing of closing businesses and schools – varied a bit from one to the other, but they were broadly the same. Restrictions on churches were controversial around the state, but only Harris County has the Steven Hotze death squad, while no one particularly cared about face mask orders until Lina Hidalgo issued one.

My point is, she’s done the things that county judges have done, more or less at the same time and in the same way as other county judges have done. But she’s young, she’s Latina, she’s bilingual, she’s not been cowed by swaggering dinosaurs like Steve Radack, and worst of all, she’s a Democrat who beat the one Republican everyone thought would survive the 2018 blue wave. (Did I mention that Dan Patrick lost Harris County by a 56-42 margin in 2018? Harris County doesn’t care what you think, Dan.) Especially for a bunch of self-styled alpha males, the level of whining these guys generate is truly impressive.

I should note, by the way, that if Ed Emmett were still County Judge he’s likely have had some rhetorical rocks thrown at him as well, in large part because the Dan Patrick faction thinks he’s a RINO squish. I just don’t think anyone would be comparing him to a children’s cartoon character. You tell me what that says about the critics and their criticisms.

Might a Democrat challenge her in 2022? Anything is possible, and as we saw this year, nobody is likely to get a free pass. Hidalgo has not been a huge fundraiser, but she’s done all right and she has time to step it up. The questions I would ask are 1) what issue that is likely to resonate with the typical Democratic primary voter would such a candidate champion, and 2) what kind of establishment support would such a candidate be likely to get? The 2022 primary will not be as big as the 2020 primary was, but if there are some compelling candidates for the top statewide offices, it will get decent turnout. For what it’s worth, from my vantage point as Democratic precinct chair, I’ve not heard much in the way of complaint about Judge Hidalgo’s performance – quite the opposite, in fact – nor am I aware of any potential candidates out there shaking the trees. Obviously, it’s ridiculously early, we’re in a moment where basically nobody is campaigning for anything, and there’s still plenty of time for things to happen. I’m just saying, if the bulk of the complaining about Hidalgo is being done by Republicans, I don’t see how that hurts her any in the next Democratic primary.

The real problem is those uppity local officials

My God, the Republican playbook is so predictable these days.

Judge Lina Hidalgo

Local governments have gone too far in issuing emergency orders during the coronavirus pandemic and can expect to have those powers whittled down when the Texas Legislature meets again, key state lawmakers say.

State laws give local leaders broad power during emergencies, but state Sen. Paul Bettencourt of Houston, a leading Republican in the Texas Senate, said too many local officials have taken it too far.

“We are going to have to look at all these emergency powers and see if they have to be scrubbed down,” Bettencourt said.

In Chambers County outside of Houston, for example, 10 p.m. curfews have been imposed on adults. In other counties, it’s prohibited to have more than two people in a car. In Laredo, people were allowed to exercise, but bicycle riding was barred.

Local governments are accustomed to playing defense against the Legislature. During each of the last two legislative sessions, state lawmakers have tried to curb local authority on myriad issues including tree ordinances, annexations and property tax collections.

Democrats say they’re getting used to this drumbeat of Republicans trying to take authority away from cities and suburbs as they have become more Democratic. They say the cities and counties needed to move quickly because Republican Gov. Greg Abbott waited to issue a statewide stay-home order until 30 other states had done so.

Democratic Harris County Judge Lina Hidalgo has been a consistent target for frustrated Republicans.

[…]

State Rep. Gene Wu, D-Houston, said the Republicans should be thanking local leaders such as Hidalgo and Mayor Sylvester Turner. While Abbott waited to issue statewide orders closing restaurants or requiring residents to stay home, Turner and Hidalgo were moving far faster and helping keep down the spread of the virus, Wu said.

“It’s our local governments that have had to step up and done an outstanding job,” Wu said. “The reason our numbers are so low is because they took decisive action early.”

Hey, remember when Greg Abbott was only too happy to let local leaders do the leading, because “What is best in Dallas may not be best for Amarillo or Abilene”? Good times. Have I mentioned that it’s really important that Democrats win the State House this election? Now you have another reason why.

Mask up

Time for the next step in virus mitigation.

Judge Lina Hidalgo

Harris County Judge Lina Hidalgo on Wednesday ordered residents to cover their faces in public, the latest effort by local governments to slow the spread of the novel coronavirus.

The new rules, which require residents 10 and older to cover their nose and mouth when outside the home, take effect Monday and last 30 days. Acceptable garments include a homemade mask, scarf, bandana or handkerchief. Medical masks or N-95 respirators are not recommended as they are most needed by first responders and health workers.

Under the order, the county’s 4.7 million residents must cover their faces at all times except when exercising, eating or drinking; the exemptions also include when individuals are alone in a separate single space, at home with roommates or family, or when wearing a mask poses a greater risk to security, mental or physical health. Violating the mask rules is punishable by a fine of up to $1,000, though Hidalgo urged police to use discretion.

Unlike previous restrictions announced by the city and county executives, Hidalgo’s mask order drew fierce, partisan rebuke, highlighting what has become a national political divide over coronavirus restrictions.

[…]

Employers at businesses deemed essential under Harris County’s stay-at-home order must provide face coverings and training to workers whose jobs require them to come into contact with colleagues or the public. Hidalgo has yet to determine whether to extend the stay-at-home rules, which expire April 30.

Hospitalization data suggests the curve of new cases is flattening here, Hidalgo said at a news conference Wednesday. The region still is susceptible to another wave of infections, she warned.

“If we get cocky, we get sloppy, we get right back to where we started, and all of the sacrifices people have been making have been in vain,” Hidalgo said while wearing a homemade mask. “Let’s not get complacent. Let’s remember that we still have work to do.”

Hidalgo said the mask rules were spurred by her team’s realization the outbreak would require a long-term health response that extends beyond the end of stay-home rules.

Houston Mayor Sylvester Turner endorsed Hidalgo’s plan. He thanked residents for their sacrifices to date and said he would announce a plan Thursday to distribute 70,000 masks to vulnerable residents.

Masks are a crucial tool to prevent a surge in cases as businesses and public spaces reopen, said Firas Zabaneh, an infectious disease expert at Houston Methodist. He said they also serve as a visual reminder to maintain social distancing.

“The public will be safer with masks on,” Zabaneh said. “As we ease the restrictions, more and more people are going to be interacting with each other.”

The Centers for Disease Control recommends wearing masks when social distancing is not possible, such as at a grocery store. Many people who have coronavirus do not show symptoms, and the disease can be spread through speaking, coughing or sneezing.

I omitted all the partisan criticism, which included a particularly whiny response from the police union president, because sniveling is pathetic and life is short. As the story notes, Laredo and Dallas and San Antonio have issued similar orders without any of the fuss; I’ll leave it to you to decide why the same thing from Judge Lina Hidalgo inspired such vitriol. The police guy went running to AG Ken Paxton to ask if she was allowed to do that, and he demurred, while reminding the cops that they do have the discretion to not issue citations.

Anyway, look. The way forward with this pandemic, certainly until we have an effective treatment regimen and eventually a vaccine, is going to include things like masks, plus continued social distancing and universal testing and a whole lot more hand sanitizer and bleach wipes. This is the new normal, whether we like it or not. It would be nice if everyone went along with this willingly, but we’ve already seen that a significant portion of the population doesn’t take any of this seriously. This is where we are.

Galveston and Montgomery Counties have not followed suit. For what it’s worth, they were behind the curve in issuing stay-at-home orders, too. With Greg Abbott’s forthcoming order to “reopen” the economy, it’s possible that Hidalgo’s order will be quite short-lived, since Abbott seems to have remembered that he doesn’t like letting local governments do things. As is so often the case lately, I have no idea what happens next. Buckle up, it’s gonna be bumpy. The Press has more.

Another obstacle to releasing inmates

One step forward, one step back.

As fear and COVID-19 crept though the Harris County Jail, felony judges halted the release of low-risk inmates on Friday, blocking the county chief executive’s order to free them to await trial.

Sheriff Ed Gonzalez discontinued the releases Friday after District Judge Herb Ritchie voided the order to free inmates to mitigate the spread of COVID-19. People had begun to be released from the jail Thursday night and Friday morning under Judge Lina Hidalgo’s decision from earlier in the week, but only a handful walked free before Ritchie put the hammer down.

Public health experts have warned that the cramped conditions at the jail mean any significant outbreak could spread “like wildfire” among the jail population, spreading to staff and the wider community. Five people who work at the jail and three inmates have tested positive for the coronavirus, with 800 more inmates quarantined. The sheriff has been calling for releases for weeks to avert a contagion that could ravage the jail and overload the region’s health care system.

[…]

Hidalgo earlier this week ordered Gonzalez to prepare a list of inmates accused of certain nonviolent offenses and who did not have previous convictions for violent crimes. That list was being reviewed and pared down by other county departments.

On Friday afternoon Ritchie, who supervises the felony judges, issued an “Order to Disregard Directive by Harris County Judge.” He ordered the sheriff to “ignore and wholly disregard” Hidalgo’s directive to arrange for the release of inmates. Ritchie’s order said that each violation “may result in criminal contempt of court penalties, which may include up to six months’ confinement in jail, as well as a possible fine not to exceed $500.00.”

Hidalgo said, “We are reviewing the order and hoping for a swift resolution because the health of every Harris County resident is at stake.”

Michael Fleming, former Harris County Attorney, said Ritchie has a very strong argument on constitutional grounds. “It’s not a frivolous thing that he did,” Fleming said. “A district judge under the Texas Constitution has supervisory control.”

It’s a thorny legal issue, according to Brandon Rottinghaus, a political science professor at University of Houston. “The judiciary almost always has precedence in matters involving release from incarceration,” he said, but noted: “In times of crisis, discretionary powers to protect public safety have a way of finding priority, so a higher court may agree that the county judge has jurisdiction in an emergency.”

The effort to secure inmate releases has crawled along for weeks, impeded by squabbling among the county departments involved, disagreements about who should qualify for release, threats from the state Attorney General and social media potshots from Houston Police Chief Art Acevedo and others warning of dire consequences should people be freed from jail. For all the effort that went into Hidalgo’s order, it appeared Friday that only a handful would end up being released under its terms.

The sheriff sought to prioritize 125 people whose health would be especially compromised if they were exposed to the virus. The district attorney objected to all but 14 of those people, who had all been released as of late Friday morning. According to an estimate by the sheriff’s lawyer, only 150 to 200 on the list of 1,470 people would have gone free.

The Hidalgo order excluded anyone with three or more drunk-driving convictions, a conviction for burglary of a habitation or temporary restraining orders. The inmates released on Thursday night and Friday include people charged with drug possession, unauthorized use of a vehicle, evading arrest, interfering with the duties of a public servant, theft, fraud, and tampering with a government record. But the vast majority on the sheriff’s list were being stricken.

See here and here for the background. Boy, you really have to watch out for those document-tamperers. They will straight-up kill you if you look at them funny. Kidding aside, I sure don’t know if Judge Ritchie is correct that county judges don’t have the authority to order the release of inmates who have been held on bond. There’s likely little to no precedent, and there are good arguments to be made either way. (Former CCA Justice Elsa Alcala has some interesting discussion of this on her Twitter feed.) Individual judges can certainly change bond conditions as they see fit, and eventually we will get this sorted out either through the courts or subsequent legislation. The point, though, is that this is an emergency situation, and every day increases the risk and the infection rate, which is exactly what Judge Hidalgo was trying to mitigate. This is just another way in which we as a society were totally unprepared for this kind of problem. We damn well better learn from it for the next time.

Another review of Judge Hidalgo’s first year

Though, oddly enough in a story about Harris County Judge Lina Hidalgo’s first year in office, most of the text is about outgoing Commissioner Steve Radack and the two-year-long temper tantrum he’s been throwing.

Judge Lina Hidalgo

For many years, the Harris County Commissioners’ Court, which oversees the third most populous county in the country and one of its most diverse, had been a place of easy consensus. At the time of Radack’s outburst, four of the five members of the commissioners’ court were white Republican men. They included county judge Ed Emmett, a popular moderate in a party running out of them. Most sessions passed by with the placidity of a koi pond. By cheering activists who sued the county and asserting that commissioners were supporting a racist policy while simultaneously trying to join their ranks, [Commissioner Rodney] Ellis was cannonballing into the water.

Three years later, in July of 2019, Radack looked considerably more chastened when the newly elected Ellis and the rest of the commissioners’ court met to vote on a settlement to the lawsuit—a sweeping $100 million overhaul that largely abolished the practice of jailing misdemeanor defendants who can’t afford cash bail. Reformers across the country hailed it as a major step toward making the criminal justice system fundamentally more equitable. The settlement was possible only because, just eight months before, Harris County voters had handed control of the commissioners’ court to Democrats for the first time since 1990. Radack and Jack Cagle were now the only two Republicans left on the court. Most astonishingly, voters had seen fit to replace Emmett, the beating heart of the county’s political establishment for more than a decade, with Lina Hidalgo, a 27-year-old Latina who had moved back to Houston to run against the 69-year-old Emmett. She was the first woman and Latino to lead Harris County.

Now Hidalgo and the other two Democrats—Ellis and former Harris County sheriff Adrian Garcia—ran things. For years, meetings had rarely lasted an hour. Under the new management they felt like committee hearings in the state legislature, often going for more than five hours and sometimes as long as nine, as the new majority pushed to enact its agenda—criminal justice reform, bringing transparency to county government, and improving flood planning—while members of the public came to support, oppose, and debate.

At the July meeting, Hidalgo beamed as she introduced the bail-reform settlement to the court. “This is a proud beginning,” she said, in the fight to build a criminal justice system in which “fairness and justice are preeminent.” She quoted from Martin Luther King Jr.’s 1963 address on the National Mall. She exuded, as members of her generation would say, good vibes only.

Ellis, a political operator who served 27 years in the Texas Senate, spoke glowingly too, calling the settlement, somewhat hyperbolically, “just as big as” Brown v. Board of Education. But the most dramatic moment came when he moved closer to his mic and stared at the side of the room where Radack and Cagle sat. “A very oppressive system has existed for decades,” he said. “And I don’t point an accusative finger at anyone, but it did, I think, indicate a certain blind indifference to what was going on. I think it’s incumbent on us to admit that,” he said, slowing for emphasis.

When it was his turn to speak, Radack turned to address the packed chamber, where during the period of public comments, most had spoken in support of the settlement. He understood that there were racial injustices in the system, he said.

But then he began pounding his palms on the wood in front of him. “This is a public table,” he said, his voice rising to a shout. Issues such as bail reform were supposed to be discussed in public, “not [by] a few people from the commissioners’ offices and whomever, behind closed doors . . . sitting there and discussing what they’re going to do for all of us.” He stood up, getting angrier and flipping through the lengthy settlement for the audience. “Every single page says ‘Draft,’ ‘Confidential,’ ” he said. “I think that sucks!”

Hidalgo politely noted that the text of the settlement had been made available to the commissioners three days earlier. “And let’s be careful with the public table,” she said. Radack was learning something Ellis knew very well: It’s not fun to be in the minority in a lawmaking body. “There are consequences to elections,” Ellis added calmly. At the end of the year, Radack announced he was retiring, boosting Democrats’ chances of electing the fourth Democrat to the commissioners’ court this November—and giving them the same level of dominance Republicans enjoyed just a few years ago.

[…]

Now in the minority, Radack and his fellow Republicans have found other ways to show their displeasure. For one, they’ve made a lot of noise. At one meeting regarding transportation funding, Cagle brought copies of George Orwell’s dystopian novel 1984 to distribute to the audience, accusing Hidalgo’s court of engaging in doublespeak.

But the most important scuffle came in October. The commissioners met to pass a tax hike that would increase the county’s revenue by 8 percent before an annual deadline, citing the need to raise money before new laws passed by the state legislature went into effect that would restrict their ability to do so in the future. Cagle and Radack didn’t show up—depriving the court of a quorum and preventing a vote. (State law requires that four of the five members of county commissioners’ courts be present to vote on tax increases.) Hidalgo says the consequences of that missing revenue will hurt the county in the long run. “You won’t see a huge difference from one year to the next,” she said, “but it will compound over time.”

That anti-majoritarian maneuver is one reason why many Republicans in Austin are closely watching what’s happening in Harris County. Never huge fans of cities and counties to begin with, GOP lawmakers, led by several Houston-area Republicans, cracked down hard on local government during the 2019 session.

Now imagine if the Democrats tighten their grip on Harris County, finally flip Fort Worth’s Tarrant County (the last urban Republican holdout), and take over quickly growing suburban counties like Hays (south of Austin) and Fort Bend (southwest of Houston). Then they draw new county commissioner precincts to solidify their control. In this dark future for conservatives, Republicans in the Legislature work even harder to rein in Hidalgo and her colleagues across the state.

If Democrats can pick up Radack’s seat, only one Republican would remain on the commissioners’ court, which would prevent that Republican from breaking the quorum again. But what if the Legislature, learning from Radack’s example, changed the law to require all five members of the commissioners’ court to be present? Many blue counties, even the big Democratic ones like Dallas and Travis, have at least one Republican commissioner who could, if the law were changed, nullify the wishes of the other four and hold one-person veto power over budgetary matters, with huge consequences for local governments across the board. “That would be a pretty major thing,” said Radack, who’s given the issue a good deal of thought. “Probably one of the most major pieces of legislation to come around in a long time.”

I should note, this story was written, and I wrote my draft post of it, before coronavirus took over all of our lives. It should be clear that every politician going forward will be judged on how they performed during this particular crisis. I think Judge Hidalgo is doing quite well on that score so far, but we still have a long way to go. Now here’s what I wrote when I first blogged about this.

Putting Radack’s jackassery aside, I’ve been thinking a lot about what might happen in the near future as Republicans continue to lose their grip on the larger counties and maybe possibly could lose control at the state level. We saw what they did on the way out the door in states like Wisconsin and North Carolina, after all. Imagine if Dems do take over the State House this November. Would Greg Abbott call a special session to get one last shot at passing bills in a full-GOP-control environment? Maybe even take some action to clip a future Democratic Governor’s wings? He’d want to act now and not wait till his hypothetical loss in the 2022 election, because if there’s a Dem-majority House, he’s out of luck. For sure, the assault on cities and counties will be much harder to pull off without a Republican monopoly. The good news for us Dems is that it would be hard for Republicans here to make like their counterparts in WI and NC, but not impossible. We need to be thinking about this, and have some strategies prepared for just in case.

Anyway. To reiterate what I said before, I think Judge Hidalgo has done a very good job, and has positioned herself and the Court to do a lot more good this year. It’s not necessary to trade out Radack for a better model – that 3-2 majority is fine almost all the time – but it would help. And Lord knows, the man has had more than enough time in the spotlight. Move along, already.

(By the way, Fort Bend has already flipped. In the same way that Harris did, by Dems winning one Commissioner’s Court seat and the County Judge’s office, to go from 4-1 GOP to 3-2 Dem. And as with Harris, Fort Bend Dems have a chance to win a Republican-leaning set this year to get to 4-1 in their favor.)

Judge Hidalgo’s first year

Been pretty good so far, I’d say.

Judge Lina Hidalgo

During her longshot campaign in 2018, Lina Hidalgo at times sounded like a candidate for mayor or Congress. With talking points on immigration, criminal justice reform and education, her critics contended she surely misunderstood the role of county judge.

Hidalgo insisted the incumbent crop of leaders had a too-narrow view of what county government could accomplish. She unseated Ed Emmett, the popular three-term county judge, in an Election Night stunner amid a Democratic sweep of countywide posts. And then she set about enacting her vision.

After a year in office, Hidalgo has mollified many concerns about her inexperience, marshaled the county’s response to a series of chemical fires and presided over a Commissioners Court of older men who often clash. With her two Democratic colleagues, she has broadened the size and scope of county government, and pledged to do so further in 2020 with a focus on early childhood development.

“We’ve begun to transform the way we do things in the county,” Hidalgo said. “The county used to be in this box that was just about roads and bridges. Now, we’ve seen and we’ve shown it can be about environmental investment. It can be about criminal justice reform. It can be about voting access.”

She has also seen her national stature rise. Forbes magazine named her to its “30 Under 30” list. Presidential candidates have sought to meet her during trips to Houston, attention she said makes her feel humbled.

Locally, the public views Hidalgo with a curiosity her predecessors did not elicit. After Hidalgo appeared on a BBC panel in November with a state senator and two members of Congress, she was the one several attendees waited to greet afterward.

During a holiday toys for kids event at the George R. Brown Convention Center in mid-December, Hidalgo greeted families waiting in line in English and Spanish. Young women, in particular, asked to take photographs with her. They asked how a person like her ended up in a position like this.

“They ask how did you do it? How did you manage to break into the machine?” Hidalgo said. “My biggest message to young people is to get involved … to volunteer, to participate. We need smart people in government.”

Judge Hidalgo recently gave her first State of the County address, in which she talked about the things that she and Commissioners Court accomplished this past year. As the story notes, the election of Adrian Garcia to the Court as well, which gave Dems a 3-2 majority and the votes on the Court to begin doing the kind of things Hidalgo had spoken about during her campaign, was a key aspect to this. She had the vision from the beginning, and the courage to run when no one else wanted a piece of that race, and she has very much been the public face of the Court and in many ways the county. There’s a lot she has to be proud of, and to build on going forward.

The article mentions that Hidalgo has yet to decide whether to seek re-election in 2022, though it does not quote her directly on that. My guess is this is more of a “I’m just focusing on doing my job and not thinking about that yet” situation than any actual possibility of her not running again. I have heard that there are people who are thinking about running against her in the 2022 primary, which I’d say is likely about opportunity in a newly Democratic county rather than an assessment of her tenure. Be that as it may, I feel confident that 2022 will be a higher profile election year for County Judge than 2018 was. I’ve not heard any names attached to these whispers, but I do know who I plan to vote for.

The state of the county 2019

Harris County Judge Lina Hidalgo has a lot of accomplishments to tout.

Judge Lina Hidalgo

Harris County in the past year has made significant progress on flood control, criminal justice and improving public health, County Judge Lina Hidalgo said in her first State of the County address Friday.

The county executive also announced her administration would make significant investments in early childhood development in the coming year.

Hidalgo said the Houston area continues to enjoy a bustling economy and low unemployment, but said business and government leaders must not be complacent.

“To a veteran coming home ill-prepared for the 21st century job market, a low unemployment rate doesn’t mean much,” Hidalgo said at the annual luncheon, held this year at the Hilton Americas-Houston Hotel downtown. “To a family who struggles, a great medical center can’t help them if they don’t have health insurance.”

[…]

She lauded a historic settlement to reform the county’s bail system for misdemeanor defendants, which a federal judge had declared unconstitutional. Hidalgo thanked Commissioner Rodney Ellis, who has long been an advocate on criminal justice issues.

She noted that in response to a series of chemical fires in east Harris County, Commissioners Court significantly increased the size of the pollution control and fire marshal’s offices, as well as purchased new air monitors.

“We’ve established the most robust environmental policy that Harris County has seen in at least 30 years,” Hidalgo said.

Hidalgo thanked the county’s flood control district and engineering department for speeding up work on the $2.5 billion flood infrastructure program and fast-tracking drainage projects in 105 subdivisions.

She also said her office has made county government more transparent by holding a series of town halls, developing a 311 call system and making a greater effort to include the public at more open, albeit lengthy, Commissioners Court meetings. Hidalgo said to date, four times as many residents have participated than last year.

You can see a copy of Judge Hidalgo’s prepared remarks here. I like the way she addressed the “concerns” some people had about her age, noting that the legendary Judge Roy Hofheinz was three years younger than she was when he was first elected. I think she has a lot to be proud of, and there’s clearly a lot more she has in mind to do. I’m looking forward to it. The Texas Signal has more.

What’s going on with the Astrodome?

It’s on the back burner for now.

Still here

A $105 million county-approved plan to renovate and build parking at Houston’s most famous relic has been put on pause since the plan’s most prominent advocate, Republican Ed Emmett, lost his seat last fall to Democrat Lina Hidalgo.

Hidalgo, who took the reins as Harris County’s chief executive in January, said making progress on issues such as bail reform and flood control are more pressing than breathing new life into the Astrodome.

Work on the Astrodome has ground to a halt, and it’s not clear when — or if — the renovation plan spearheaded by Emmett will be picked back up again.

“There are no other updates or changes at this time, but the Astrodome is forever part of our history,” Hidalgo said in a written statement. “Right now, we are focused on transformational actions that will improve the daily lives of our residents.”

Hidalgo stressed that the county has boosted its flood control capacity, enhanced its environmental monitoring capability and fixed a broken bail-bond system.

“Until we can make sure that the Astrodome plan makes fiscal sense and makes sense for our community, no major steps will be taken with regard to the project,” she added.

[…]

Workers did complete some initial stages of Emmett’s plan, such as finishing the first phase of a program to strip asbestos from some parts of the stadium.

County officials finished drawings and specifications for the first phase of the restoration, but they shelved a meeting to present it to the state historical commission for approval.

The cost of that early work was just under $8 million. Most of that money — more than $6 million — went toward design and construction document fees. The asbestos program cost close to $2 million.

“In the future, we’ll come back and look at all of this,” said county engineer John Blount. “I understand people say, ‘Well, what about the Astrodome?’ No one’s forgotten about the Astrodome.”

The last update we had was before the election, so that’s about where we are now. It was clear from the way Judge Hidalgo campaigned that the Astrodome was not high on her list of priorities, so none of this is a surprise. I do think Commissioners Court will return to this in the next couple of years, but it’ll be on Judge Hidalgo’s timeline. If you’d prefer something else, I recommend attending a Commissioners Court meeting and airing your views there. The Press has more.

July 2019 campaign finance reports: Harris County

Before we get to the numbers, please read this.

El Franco Lee

The widow of former Harris County Precinct 1 Commissioner El Franco Lee has emptied most of her late husband’s $3.8 million campaign account by donating to community groups and charities.

Ethel Kaye Lee, the campaign treasurer, said Thursday she chose the recipients based on the intentions of her husband’s donors.

“The campaign monies were given for two reasons, for support of existing Precinct 1 programs and keeping him elected, so that’s the formula,” she said.

The account donated $3.01 million to 12 groups, including $500,000 to the Precinct 1 Aquatics Program, $200,000 to the St. Paul Scholarship Foundation and $150,000 to the Julia C. Hester House in Houston’s Fifth Ward, according to the campaign’s July finance report. The report covers the period from Jan. 1 to June 30.

The largest expenditure was $1.5 million to the Precinct 1 Street Olympics, a program Lee founded in 1986. The summer event serves thousands of children annually and includes swim lessons, a basketball tournament and career fair. It also supports the North East Adolescent Program, created by Lee in 1989, which seeks to lower rates of teen pregnancy, birth defects and sexually transmitted diseases in poor Houston neighborhoods.

[…]

The Lee campaign also donated to $200,000 to the Baylor College of Medicine’s teen health clinic and $50,000 to St. Jude Children’s Research Hospital. Two Catholic groups, the Dominican Sisters of Houston and Dominican Friars, Province of St. Martin De Porres, received $50,000 each.

According to the finance report, the campaign had $791,140 remaining on hand as of June 30, which Ethel Kaye Lee has been allocated. Under state law, the campaign has until 2022 to close the account.

See here for the last update, from April. I had noticed all of the activity when I looked at Lee’s report. I’m glad to see this money going to good uses.

Now, on with the show…

Lina Hidalgo, County Judge
Diane Trautman, County Clerk
Dylan Osborne, County Treasurer
Marilyn Burgess, District Clerk

Kim Ogg, District Attorney
Ed Gonzalez, Sheriff
Vince Ryan, County Attorney
Ann Harris Bennett, Tax Assessor

Lloyd Oliver, District Attorney
Audia Jones, District Attorney
Curtis Todd Overstreet, District Attorney

Harry Zamora, Sheriff
Joe Danna, Sheriff

Ben Rose, County Attorney
Christian Menefee, County Attorney

Rodney Ellis, Precinct 1
Adrian Garcia, Precinct 2
Steve Radack, Precinct 3
Jack Cagle PAC, Precinct 4

El Franco Lee
Diana Alexander, Precinct 3

George Moore, HCDE Position 1, Precinct 2
Eric Dick, HCDE Position 2, Precinct 4
Richard Cantu, HCDE Position 3, At Large
Josh Flynn, HCDE Position 4, Precinct 3
Michael Wolfe, HCDE Position 5, At Large
Danny Norris, HCDE Position 6, Precinct 1
Don Sumners, HCDE Position 7, At Large

Andrea Duhon, HCDE Position 5, At Large
David Brown, HCDE Position 7, At Large


Candidate     Raised     Spent     Loan     On Hand
===================================================
Hidalgo      318,967   162,328    1,400     192,572
Trautman      11,325     5,778        0      22,450
Osborne        1,000       155        0       1,201
Burgess        9,626     9,681        0       7,263

Ogg          135,860    22,773   68,489     330,425
Gonzalez     178,024    14,344        0     276,714
Ryan          41,925    15,417        0      85,318
Bennett       21,925    19,205        0      37,313

Oliver
Jones         23,669    11,234        0       9,967
Overstreet
Zamora             0     3,026        0           0
Danna        111,268    66,442    3,500      38,338
Rose          22,345     2,257        0      11,605
Menefee       34,869       326        0      34,542

Ellis        715,266   240,145        0   3,823,509
Garcia       552,590   289,169        0     810,149
Radack         5,000    96,250        0   1,634,106
Cagle        398,900   240,512        0     361,787

Lee                0 3,095,767        0     791,139
Alexander      4,210       445        0       1,982

Moore
Dick               0         0        0           0
Cantu          1,250     1,132        0         337
Flynn
Wolfe              0         0        0           0
Norris
Sumners

Duhon            155       262        0         389
Brown            700       406        0         313

County Judge Lina Hidalgo isn’t taking money from vendors, but that hasn’t stopped her from doing well in the fundraising department. At this rate, she’ll be well funded for her first re-election campaign. On the other end of the spectrum…what’s up with Steve Radack? He knows he’s up for election next year, right? I mean, he does have plenty of money, so one low-activity reporting period is no big deal. It still looks weird.

More aware of their ballot status next year are DA Kim Ogg and Sheriff Ed Gonzalez, and both responded as you’d expect. I’ll get to their situations in a minute, but the person I’ve got my eye on at this time is County Attorney Vince Ryan. He’s never been a big fundraiser, but he brings in a few bucks. If there’s a cycle where he’s going to need them, it’s this one.

And that’s because Ryan now has two primary opponents, Ben Rose and Christian Menefee, and while he has a cash on hand lead, it’s hardly insurmountable. In this high-turnout environment that the 2020 primary will be, Ryan’s biggest advantage will be the name recognition he has after 12 years in office. With a half million people or so likely to vote, it will take a pile of money to reach enough of them to make an impression. In a more typical year, you could hit the club and CEC meetings and hope to interact with enough of the old reliables to have a shot. In 2020, you’re going to have to do much broader outreach. That takes money, and it’s not clear that kind of money exists in the County Attorney race. We’ll see.

And speaking of opponents, we have them in the DA and Sheriff races. If your reaction to seeing Lloyd Oliver’s name wasn’t basically this, I don’t know what to say to you. Audia Jones we know about; she doesn’t appear to have gotten much traction yet, but there’s still time. I can’t tell from the limited information I have seen about Curtis Todd Overstreet to discern whether he’s running as a D or an R. I’m sure that will be clear enough soon. I can say the same about Harry Zamora running for Sheriff, I can’t tell his party just yet. Joe Danna is a Republican who has run for Constable in Precinct 1 a couple of times. His amount raised is not as impressive as it looks – about half of the total is in-kind donations for a fundraiser, and nearly half of the actual cash he got was a single $25K donation from Janice McNair.

Beyond that, not much we didn’t already know. I’m sure there will be a lot more raised in Commissioners Court Precinct 3, and for sure there will be more candidates. At some point I need to take a closer look at the Constable and JP races, because those are another good source of Dem takeover opportunities. For now, this is where we are.

We’re gonna need a bigger meeting room

Seems reasonable.

With a newfound public interest in Harris County Commissioners Court meetings, which at times have been so crowded that would-be attendees have been turned away, court members plan to build a larger chamber.

Commissioners Court [asked] County Engineer John Blount to design a new chamber on the first floor of the county administration building at 1001 Preston. The current chamber, on the ninth floor, has a capacity of 90 people. Blount said a first-floor chamber could fit as many as 220.

“We have to get a better courtroom,” Blount said. “If people had to do it again, no one would ever put the highest-occupancy facility on the highest floor of the building.”

The new chamber would occupy the west half of the first floor, which currently houses some employees of the county tax assessor-collector’s office. The office’s customer service windows on the east half of the floor, where residents can pay taxes or register a vehicle, would remain the same.

Blount said the county could design the new chamber in four to six months and complete construction about a year after that. The work would not affect in-progress renovations on the first floor, which include the replacement of exterior windows and doors. Blount said estimating a cost to build a new chamber would be a “pure guess” at this stage,

“There’s not a lot of structural work. It’s pretty straightforward,” he said.

[…]

The Harris County Precinct 1 Constable’s office, which protects downtown county properties, said a first-floor courtroom would require fewer deputies, spokesman Kevin Quinn said.

Security staff have to perform extra work on the ninth floor, he said, because the metal detector checkpoint is between the court chamber and the elevators to overflow rooms.

“Every time people come back and forth, they have to be re-screened,” Quinn said.

Seems pretty reasonable to me. The existing space is overcrowded, inconvenient, and requires extra security personnel. The proposed new location will have adequate seating for everyone, will be easier for everyone to get to, will require less security presence, and will be inexpensive to construct. Go for it.

January 2019 campaign finance reports: Harris County

One last set of finance reports I want to look at, from Harris County officials. I’m dividing them into a few groups:

Lina Hidalgo, County Judge
Diane Trautman, County Clerk
Dylan Osborne, County Treasurer
Marilyn Burgess, District Clerk

Kim Ogg, District Attorney
Ed Gonzalez, Sheriff
Vince Ryan, County Attorney
Ann Harris Bennett

Rodney Ellis, Precinct 1
Adrian Garcia, Precinct 2
Steve Radack, Precinct 3
Jack Cagle PAC, Precinct 4

George Moore, HCDE Position 1, Precinct 2
Eric Dick, HCDE Position 2, Precinct 4
Richard Cantu, HCDE Position 3, At Large
Josh Flynn, HCDE Position 4, Precinct 3
Michael Wolfe, HCDE Position 5, At Large
Danny Norris, HCDE Position 6, Precinct 1
Don Sumners, HCDE Position 7, At Large


Candidate     Raised     Spent     Loan     On Hand
===================================================
Hidalgo      239,834   161,503    1,400      51,836
Trautman       4,613       501        0      17,044
Osborne        1,225     2,242        0         122
Burgess        6,647     5,816        0       6,683

Ogg              600    13,936   68,489     212,875
Gonzalez      88,755    26,205        0     114,976
Ryan           6,500    14,656        0      58,464
Bennett        5,250     5,799        0      29,411

Ellis        223,000   310,395        0   2,916,307
Garcia       739,508   310,945        0     531,887
Radack       801,500   331,900        0   1,742,357
Cagle         68,045   113,143        0     171,242

Moore              0         0        0         243
Dick
Cantu          1,070       786        0       1,325
Flynn              0        10        0       1,600
Wolfe              0         0        0           0
Norris
Sumners

Remember that for those who were on the November 2018 ballot, this filing period runs from the 8 day report, which was October 27, through the end of the year. Basically, the last two months, including the last week of the campaign. For everyone else, it’s the usual six month period. HCDE candidates generally raise and spend negligible amounts, so it’s not that odd for some of them to have no activity to report.

$99K of the amount Lina Hidalgo raised was in kind, $95K of which came from the Texas Organizing Project for field work. It’s common for newly-elected candidates to get a surge in financial support right after their election – these are called “late train” donations – but in Hidalgo’s case a fair amount of the contributions reported here were before Election Day. Given her pledge to refrain from taking money from those who do business with the county, it will be interesting to see what her future reports will look like. The Commissioners have not taken a similar pledge, and they tend to be the bigger fundraisers anyway. Keep an eye on Steve Radack going forward – he’s either going to gear up for a tough election, or he’s going to decide to step down and let someone else engage in that battle. If Ed Emmett had been re-elected, it wouldn’t have shocked me if Radack ran again and then resigned after winning, in the grand tradition of Republican county officials, to let Emmett pick his successor. I feel confident saying that Steve Radack will not give Lina Hidalgo the opportunity to replace him.

With the strong Democratic trend in Harris County and the greater level of Democratic engagement – not to mention the possibility of the DNC being here and Texas being contested at the Presidential level – I don’t expect the countywide officeholders to work too hard to raise money for next November. They won’t slack, exactly, but they know they’ve got a lot of support behind them. That said, with Kim Ogg already getting a potential primary opponent, and given my belief that Vince Ryan will also draw one, they may step it up to make next March easier for them. The incentives, and the strategy, are different now in a blue county.

I am going to do one more report, on the Congressional candidates from 2018, two of whom are now incumbents and several others who will be back this cycle. As always, I hope this has been useful for you.

Bail lawsuit 2.0

This one will be tougher to tackle, but the principle remains the same.

A hard-fought battle to reform Harris County’s bail system has prompted a second civil rights action.

The legal team that successfully challenged the county’s bail practices for low level offenses on the grounds they unfairly detained indigents, filed a new federal class action suit this week tackling money bail for felonies, which results in thousands of poor defendants being locked up before trial or entering guilty pleas to avoid lengthy incarceration.

This new lawsuit, which hit the docket during the Martin Luther King Jr. Day holiday, claims the county is holding people unjustly, simply because they cannot afford to pay a cash bail. Currently, people arrested who can post a cash bond or hire a commercial bonding company can simply resume their lives as their cases proceed through the criminal docket.

The lawyers argue that pretrial release should not be contingent on how much money a person has. Its one of a number of lawsuits around the country, including one before a district judge in Galveston, attempting to topple bail systems that treat people differently based on their income.

“This mass detention caused by arrestees’ inability to access money has devastating consequences for arrested individuals, for their families, and for the community,” the lawsuit argues. “Pretrial detention of presumptively innocent individuals causes them to lose their jobs and shelter, interrupts vital medication cycles, worsens mental health conditions, makes people working to remain sober more likely to relapse, and separates parents and children.”

[…]

The lawsuit noted there are human costs to keeping people in jail. Since 2009, the complaint stated, 125 people have died while awaiting trial in the county lockup, including a woman who committed suicide this month after she could not pay her original bail of $3,000.

“Now is the time for a new vision and a new era of collaboration and innovation,” the lawyers said in a joint statement to the Houston Chronicle. “We are confident that with the leadership of the county judge, the sheriff, the district attorney, the public defender, and the felony judges, all of whom have expressed their commitment to bail reform, we will be able to resolve this case without wasting millions of dollars of taxpayer money as happened in the prior case.”

Most of the key stakeholders struck a similar note in responding to the new lawsuit.

Tom Berg, first assistant to District Attorney Kim Ogg,said the office is glad to work with the parties toward “a fair, just and speedy resolution” and at the same time “responsibly conserve the county’s resources so that they go for the staffing needed for bail reform implementation and not litigation costs.”

County Judge Lina Hidalgo said the county aims to support public safety, fairness and a cost-effective, fiscally responsible system. She acknowledged that there’s a long way to go.

“We’ve got a system that in a way fails on all three fronts,” she said Tuesday. Hidalgo said the crop of newly elected officials seem dedicated to enacting these types of change.

The sheriff also mentioned safety concerns, saying felony bail improvements require careful examination. However, he lauded the idea of reforming what he has referred to as a “broken system.”

“I support all efforts to improve our criminal justice system that strike a smart balance between our duty to ensure public safety and upholding our American ideal that everyone is presumed innocent until proven guilty in court,” Gonzalez said. “I support equipping judges with the data they need to accurately measure each defendant’s unique risk of failing to appear in court and committing additional crimes before they stand trial.”

Of the three plaintiffs in this lawsuit, two were busted for drug possession and the other for DUI. There’s still a lot of non-violent inmates in the jail awaiting disposition of their case because they couldn’t scrape up a bond payment. As with misdemeanants, the ability to write a check to a bail bond agency has no correlation with whether you will show up for your court date or if you are likely to commit further crimes while out. Again, Robert Durst was out on bail. It makes sense to separate the genuine risks from the harmless shlubs. Will such a system be perfect? No, of course not. Some people who get out on a personal recognizance bond are going to turn out to have been bad risks. But again – I can’t say this often enough – people do that right now, under the current system. We just accept it as the way things are. Well, the way things are is capricious, unjust, and almost certainly unconstitutional, as the system for misdemeanors was as well. We’ll never have a better chance to design a better system. Let’s get to it.

Trying to make “pay for play” an issue

Good luck.

With more than nine months to go until Houston’s municipal elections, Mayor Sylvester Turner’s first two opponents turned their attention this week to limiting political donors’ influence at City Hall.

Both challengers, millionaire lawyer and Texas A&M University System Regent Tony Buzbee and Bill King, the businessman and former Kemah mayor who lost to Turner in a close December 2015 runoff, announced they would spearhead separate petition drives to amend the city charter by temporarily blocking political donors from doing business with the city.

The issue of “pay to play” appears likely to become a focal point in the race for Houston mayor, and could feature prominently in city Council campaigns too, all of which will take place as national Democrats vie for their party’s presidential nomination amid growing calls for politicians to reject money that allegedly comes with strings attached.

Buzbee, in a full-page ad in Sunday’s Houston Chronicle, said he intends to lead a petition drive to bar anyone who donates to a city official from doing business with the city for a year.

King on Monday morning announced a similar idea at a press conference, proposing a two-year moratorium for people who give more than $250 to a city official. His idea would extend the ban to prospective lobbyists and appointees to boards or commissions, and cover candidates for mayor, controller and city council. Buzbee has not yet specified if his proposal would cover non-incumbent candidates.

[…]

“The city has long-established rules that govern potential conflicts of interest regarding campaign contributions, including a black-out period and prohibitions on the members of certain boards and commissions,” Turner said. “As with all city policies, we continually evaluate these rules to ensure they are meeting the city’s needs. The city will always entertain ideas and proposals from anyone, especially if they’re not trying to score political points.“

Houston’s charter bars officials from taking or asking for contributions once the city publicly seeks proposals or bids for a contract. They cannot start accepting bids again until 30 days after City Council awards the contract, or decides not to award it at all.

The same section of the charter also prohibits officials from accepting or soliciting vendors’ contributions at any point they know the vendor has interest in a contract. A separate provision also restricts when candidates who are not in office can accept contributions from vendors.

King’s proposal would prevent people who contribute more than $250 to an official from entering into a contract with the city, registering as a city lobbyist or receiving appointments to city boards of commissions.

I mean, I support the idea, it’s just my experience that this particular issue is not one that gets a whole lot of traction among voters. County Judge Lina Hidalgo is being rightly held up as the model, but you may note that this wasn’t what she campaigned on. She campaigned primarily on bread-and-butter issues like flooding, criminal justice reform, quality of life, and making county government more accessible to more people. I’m not saying this can’t be an effective campaign issue. It’s definitely a meritorious issue. I am saying it’s not the sexiest thing to lead with.

One other thing. At the risk of lapsing into whataboutism, as someone whose mailbox is regularly inflicted with King’s grumpy-old-man emails, his interest in this particular aspect of good government is a tad bit limited. I mean, we just re-elected the heavyweight champion of pay for play politics in this state, but good luck finding any mention of Greg Abbott and his penchant for appointing moneybag donors to statewide positions in King’s missives. Yes, I know, King is running for Mayor and not Governor, but he also regularly complains about the national debt, and last I checked he wasn’t running for Congress or (God help us) President. I know, he’s got his own thing to worry about now, but he was emitting those emails back in 2017 when he wasn’t running for Mayor and Abbott was actively blocking a bipartisan anti-pay for play bill in the Lege. The track record is thin, is what I’m saying.

Lina Hidalgo officially sworn in

It’s Judge Hidalgo now, thank you very much.

Judge Lina Hidalgo

Ushering in a new era of Democratic rule, Lina Hidalgo took the oath of office as Harris County judge early Tuesday, becoming the first Latina and first woman to lead the nation’s third-largest county.

Her swearing in minutes past midnight by 151st Civil Court Judge Mike Engelhart capped the remarkable rise of Hidalgo, 27, who just two months ago was a graduate student making her first bid for public office against a popular incumbent.

She takes charge as chief executive overseeing thousands of employees and an annual budget of more than $5 billion. Hidalgo will also lead the county’s Office of Emergency Management, which has already responded to 23 floods this century.

Hidalgo was joined by her parents and other family members. She succeeds longtime County Judge Ed Emmett, a Republican who steered a massive Hurricane Harvey bond package to passage before being swept out of office in November after 11 years.

She said the greatest challenge during her transition to office has been knowing where to start.

“There’s just so much enthusiasm in the community and in the meetings I have,” Hidalgo said. “There’s this incredible desire to bring in new ideas and breathe in new energy.”

Hidalgo was one of scores of Democrats who unseated Republicans in November in a sweep of countywide positions that brought more than 50 civil and criminal judges and other top leaders into key positions. Of the 81 officials at the swearing-in ceremony Tuesday at NRG Center, only Precinct 4 Commissioner Jack Cagle and a justice of the peace were Republicans.

I just want to pause here for a moment so the full impact of that last sentence can settle in on you. The forecast is for more of the same in the foreseeable future.

Hidalgo, who campaigned on making county government more accessible to the public, announced a massive engagement effort. With support from Houston Endowment Inc. and the Ford Foundation, she said Harris County will circulate a survey asking residents how government can be improved.

The Talking Transition program will also include workshops educating residents on how county government functions and town hall forums on topics such as education, housing and transportation.

Several key positions in Hidalgo’s administration remain unfilled, including communication and policy directors. She said her staff continues to vet candidates with the help of a consulting firm that also assisted the administration of New York City Mayor Bill de Blasio.

Hidalgo said she hopes to work with commissioners to quickly settle the federal lawsuit challenging Harris County’s cash bail system. The protracted legal wrangling over the suit — and its $7 million cost to taxpayers so far — has long frustrated Precinct 1 Commissioner Rodney Ellis, who until now was the lone Democrat on Commissioners Court.

“Like many, I’m hopeful that 2019 will be the year the county settles the lawsuit and ceases its defense of an unconstitutional, unsafe cash bail system,” Ellis wrote in an email to constituents Tuesday.

I for damn sure want to see a settlement, and I want it to be a high priority. I don’t know what the court’s calendar looks like, but I see no reason why there can’t be an agreement in principle between the parties by the end of Q1 2019.

As fort the transition stuff, this is from the inbox on January 1:

Judge Hidalgo’s initiative, Talking Transition: Harris County, will provide a forum for residents to discuss the issues that matter most to them, learn about County government, and weigh in on pressing public policy matters.

The first program of its kind in Harris County, Talking Transition will allow Judge Hidalgo and her team to obtain a qualitative and quantitative analysis of the issues and ideas that most impact County residents, as they work to shape their agenda.

“Throughout my campaign, I pledged to increase transparency and accountability in Harris County government. Too few residents know how County government works and how to engage with it,” said Judge Lina Hidalgo. “For me, public service means ensuring that our most vulnerable residents have the same voice in our local government as the most powerful among us.”

Talking Transition: Harris County is expected to be the largest civic engagement program in the South. It is modeled after similar programs in New York and Washington, D.C., and made possible by the Houston Endowment and the Ford Foundation.

“Houston Endowment recognizes the value of community voice in good governance,” said Ann Stern, president and CEO of Houston Endowment. “By ensuring all voices are heard, we can continue to enhance our region’s assets, achieve equitable outcomes, and resolve issues that are important to the residents of Harris County.”

Talking Transition will address seven public policy areas – education, housing, transportation, resiliency, health, justice, and economic opportunity – through a series of public events across the County. The initiative includes a variety of ways for Harris County residents to interact with and learn more about their local government. The core components include:

Transparency Project: Announcements throughout the County will provide easily-digestible information about how County government works and eye-opening statistics intended to motivate residents to learn more.

Civic Saturdays: Offered at a seven locations around Harris County, Civic Saturdays are a series of full-day public events happening on consecutive Saturdays:

  • Civic School: Features classroom-style lessons for Harris County residents to learn about how County government works.
  • Town Halls: A large gathering organized around a specific policy area that will give residents a chance to share new ideas for improving their communities and to hear from others.
  • Action Plan Workshops: Smaller working groups for people who have devoted time to specific issues to focus on how to best realize community-driven ideas through County government.

Survey: Teams of canvassers will be spread throughout the County to ask residents about what needs to be improved among County services, what would help them engage more with County government, and what needs to be prioritized when it comes to prioritizing the County budget. The survey will also be available both online and at each Civic Saturday.

All Talking Transitions events are free and open to the public. A full schedule of activities will become available online at www.talkingtransition.us.

I’ll be very interested to see how that turns out. In the meantime, best of luck to Judge Hidalgo and all of the newly sworn-in officials.

Precinct analysis: The county candidates

Let’s just dive right in and have a look at the countywide candidates, shall we?


Dist   Emmett  Hidalgo Gatlin  Under  Emmett% Hidalgo% Gatlin%
==============================================================		
CD02  150,630  103,625  5,842  5,005   57.91%   39.84%   2.25%
CD07  135,016  100,412  4,967  4,819   56.16%   41.77%   2.07%
CD08   18,697    9,447    637    423   64.96%   32.82%   2.21%
CD09   28,593   88,998  2,100  2,138   23.89%   74.36%   1.75%
CD10   75,149   36,392  2,371  1,559   65.97%   31.95%   2.08%
CD18   49,933  129,017  4,024  3,463   27.29%   70.51%   2.20%
CD22   16,749   14,075    615    577   53.27%   44.77%   1.96%
CD29   35,187   79,825  2,027  2,255   30.06%   68.20%   1.73%
CD36   65,147   32,155  2,000  1,572   65.60%   32.38%   2.01%

SBOE6 324,964  237,414 12,576 11,692   56.52%   41.29%   2.19%

HD126  31,509   22,699  1,137    879   56.93%   41.01%   2.05%
HD127  43,967   22,708  1,428  1,003   64.56%   33.34%   2.10%
HD128  36,488   14,551    913    716   70.23%   28.01%   1.76%
HD129  39,456   23,578  1,434  1,218   61.20%   36.57%   2.22%
HD130  53,835   20,641  1,569  1,046   70.79%   27.14%   2.06%
HD131   8,046   33,121    717    658   19.21%   79.08%   1.71%
HD132  34,890   30,219  1,421    842   52.44%   45.42%   2.14%
HD133  46,358   23,211  1,452  1,532   65.27%   32.68%   2.04%
HD134  49,748   36,624  1,967  2,626   56.31%   41.46%   2.23%
HD135  28,937   25,825  1,142    804   51.76%   46.20%   2.04%
HD137   8,332   15,311    544    464   34.45%   63.30%   2.25%
HD138  25,835   21,425  1,035    914   53.49%   44.36%   2.14%
HD139  13,097   33,093    889    792   27.82%   70.29%   1.89%
HD140   5,999   17,238    371    438   25.41%   73.02%   1.57%
HD141   4,913   25,991    516    408   15.64%   82.72%   1.64%
HD142  10,202   28,780    661    570   25.73%   72.60%   1.67%
HD143   8,651   19,512    478    593   30.20%   68.13%   1.67%
HD144   9,710   13,289    432    384   41.44%   56.72%   1.84%
HD145  11,430   20,587    722    723   34.91%   62.88%   2.21%
HD146  10,903   31,500    849    870   25.21%   72.83%   1.96%
HD147  13,678   39,732  1,333  1,129   24.99%   72.58%   2.44%
HD148  20,031   26,116  1,339  1,374   42.18%   55.00%   2.82%
HD149  15,412   22,824    702    732   39.58%   58.62%   1.80%
HD150  43,674   25,371  1,532  1,096   61.88%   35.95%   2.17%

CC1    79,769  202,915  5,730  5,571   27.66%   70.36%   1.99%
CC2   116,353  106,823  4,548  4,096   51.09%   46.91%   2.00%
CC3   184,649  140,535  6,765  6,036   55.63%   42.34%   2.04%
CC4   194,330  143,673  7,540  6,108   56.24%   41.58%   2.18%

Ed Emmett was of course the best case scenario for Republicans. He won everywhere it was possible for a Republican to win. He won CD07 by fifteen points, which is a wider margin than John Culberson had in 2016. And with all that, he still didn’t win Harris County. This recalls what I was saying when we first saw poll numbers from CD07, which were showing a close race there. If Republicans, who had carried CD07 by double digits in 2016 and gotten shellacked in Harris County overall were now fighting to have any lead in CD07 in 2018, what did that portend for them countywide? Or statewide, for that matter. You can see how that played out, and why I keep hammering on the theme that the Republicans’ main problem in Harris County is that they are now badly outnumbered. There’s a potentially credible case to be made that Ed Emmett was harmed by straight ticket voting. He lost a close race, so any change of conditions might have helped him. But the notion that Republicans overall were harmed by it is laughable.

One other point: There were about 46K people who either voted Libertarian in this race or who did not vote at all. For Emmett to make up the almost-19,000 vote deficit he had against Lina Hidalgo, he’d have had to win a bit more than 70% of all those voters, if you could go back in time and identify them all and force them to pick their second choice. As it happens – I’m going to skip the table for this, so just trust me – the undervote rate, once you subtract out straight ticket voters, was higher in the Dem districts. That’s probably not the friendliest constituency for him to retroactively woo. Ed Emmett served Harris County with honor and dignity, and he leaves behind a distinguished record. He also lost, fair and square.


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%

Stan Stanart was very much on the low end of the spectrum for Republican candidates. Nearly every judicial candidate drew more votes than he did. Note in particular the stark difference between himself and Ed Emmett in HD134. The swing/lean R voters were not there for him. He was one of two countywide Rs to lose in HD138, though he did manage to carry HD132.


Dist   Daniel  Burgess  Under  Daniel% Burgess%
===============================================
CD02  141,260  116,519  7,334   54.80%   45.20%
CD07  123,371  114,006  7,852   51.97%   48.03%
CD08   18,163   10,443    598   63.49%   36.51%
CD09   24,355   94,774  2,710   20.44%   79.56%
CD10   72,943   40,231  2,301   64.45%   35.55%
CD18   41,900  139,805  4,756   23.06%   76.94%
CD22   15,794   15,389    836   50.65%   49.35%
CD29   31,677   84,520  3,107   27.26%   72.74%
CD36   62,225   36,222  2,429   63.21%   36.79%

SBOE6 301,347  267,739 17,585   52.95%   47.05%

HD126  30,045   24,900  1,285   54.68%   45.32%
HD127  42,379   25,207  1,525   62.70%   37.30%
HD128  35,350   16,229  1,092   68.54%   31.46%
HD129  37,093   26,728  1,868   58.12%   41.88%
HD130  52,331   23,186  1,577   69.30%   30.70%
HD131   6,394   35,330    823   15.32%   84.68%
HD132  33,433   32,741  1,199   50.52%   49.48%
HD133  43,049   26,936  2,570   61.51%   38.49%
HD134  42,398   44,322  4,252   48.89%   51.11%
HD135  27,386   28,119  1,204   49.34%   50.66%
HD137   7,631   16,369    654   31.80%   68.20%
HD138  24,200   23,659  1,351   50.57%   49.43%
HD139  11,114   35,635  1,125   23.77%   76.23%
HD140   5,450   18,021    577   23.22%   76.78%
HD141   4,114   27,220    501   13.13%   86.87%
HD142   8,918   30,566    735   22.59%   77.41%
HD143   7,755   20,637    843   27.31%   72.69%
HD144   9,208   14,084    524   39.53%   60.47%
HD145  10,182   22,269  1,012   31.38%   68.62%
HD146   8,681   34,241  1,203   20.23%   79.77%
HD147  11,052   43,323  1,504   20.33%   79.67%
HD148  17,008   29,859  1,996   36.29%   63.71%
HD149  14,449   24,305    918   37.28%   62.72%
HD150  42,068   28,023  1,585   60.02%   39.98%

CC1    66,296  220,197  7,525   23.14%   76.86%
CC2   109,601  116,240  5,988   48.53%   51.47%
CC3   172,133  156,516  9,354   52.38%   47.62%
CC4   183,658  158,956  9,056   53.60%   46.40%

Dist  Sanchez  Osborne  Under Sanchez% Osborne%
===============================================
CD02  143,554  114,652  6,909   55.60%   44.40%
CD07  125,682  112,399  7,148   52.79%   47.21%
CD08   18,412   10,220    571   64.31%   35.69%
CD09   25,189   94,006  2,646   21.13%   78.87%
CD10   73,755   39,560  2,159   65.09%   34.91%
CD18   43,632  138,230  4,601   23.99%   76.01%
CD22   16,131   15,097    791   51.66%   48.34%
CD29   33,727   82,733  2,854   28.96%   71.04%
CD36   62,909   35,668  2,300   63.82%   36.18%

SBOE6 306,826  263,570 16,277   53.79%   46.21%

HD126  30,564   24,473  1,195   55.53%   44.47%
HD127  42,897   24,755  1,459   63.41%   36.59%
HD128  35,601   16,037  1,033   68.94%   31.06%
HD129  37,714   26,225  1,750   58.98%   41.02%
HD130  52,878   22,739  1,475   69.93%   30.07%
HD131   6,681   35,063    801   16.00%   84.00%
HD132  33,941   32,283  1,150   51.25%   48.75%
HD133  43,732   26,575  2,250   62.20%   37.80%
HD134  43,286   43,737  3,949   49.74%   50.26%
HD135  27,906   27,692  1,112   50.19%   49.81%
HD137   7,819   16,212    622   32.54%   67.46%
HD138  24,737   23,257  1,216   51.54%   48.46%
HD139  11,586   35,228  1,060   24.75%   75.25%
HD140   5,833   17,684    533   24.80%   75.20%
HD141   4,259   27,067    509   13.60%   86.40%
HD142   9,169   30,316    735   23.22%   76.78%
HD143   8,184   20,271    782   28.76%   71.24%
HD144   9,529   13,786    502   40.87%   59.13%
HD145  10,827   21,703    936   33.28%   66.72%
HD146   9,038   33,897  1,190   21.05%   78.95%
HD147  11,483   42,904  1,494   21.11%   78.89%
HD148  17,912   29,056  1,897   38.14%   61.86%
HD149  14,769   24,032    872   38.06%   61.94%
HD150  42,646   27,573  1,457   60.73%   39.27%

CC1    68,703  217,956  7,362   23.97%   76.03%
CC2   112,338  113,891  5,610   49.66%   50.34%
CC3   175,031  154,383  8,589   53.13%   46.87%
CC4   186,919  156,335  8,418   54.46%   45.54%

Dist   Cowart    Cantu  Under  Cowart%   Cantu%
===============================================
CD02  136,367  120,574  8,171   53.07%   46.93%
CD07  116,611  119,973  8,648   49.29%   50.71%
CD08   17,953   10,600    651   62.88%   37.12%
CD09   23,168   95,724  2,949   19.49%   80.51%
CD10   71,965   41,047  2,462   63.68%   36.32%
CD18   39,150  142,169  5,144   21.59%   78.41%
CD22   15,358   15,745    916   49.38%   50.62%
CD29   29,829   86,321  3,165   25.68%   74.32%
CD36   60,960   37,258  2,656   62.07%   37.93%

SBOE6 288,532  278,836 19,307   50.85%   49.15%

HD126  29,470   25,363  1,399   53.75%   46.25%
HD127  41,600   25,816  1,693   61.71%   38.29%
HD128  34,987   16,505  1,177   67.95%   32.05%
HD129  35,892   27,731  2,065   56.41%   43.59%
HD130  51,661   23,756  1,677   68.50%   31.50%
HD131   6,016   35,627    904   14.45%   85.55%
HD132  32,893   33,181  1,299   49.78%   50.22%
HD133  40,783   28,895  2,879   58.53%   41.47%
HD134  37,785   48,422  4,767   43.83%   56.17%
HD135  26,756   28,684  1,269   48.26%   51.74%
HD137   7,294   16,661    699   30.45%   69.55%
HD138  23,374   24,339  1,497   48.99%   51.01%
HD139  10,484   36,185  1,205   22.46%   77.54%
HD140   5,165   18,317    569   22.00%   78.00%
HD141   3,963   27,323    549   12.67%   87.33%
HD142   8,541   30,867    813   21.67%   78.33%
HD143   7,319   21,069    849   25.78%   74.22%
HD144   8,953   14,300    564   38.50%   61.50%
HD145   9,481   22,947  1,038   29.24%   70.76%
HD146   8,001   34,803  1,322   18.69%   81.31%
HD147   9,954   44,255  1,671   18.36%   81.64%
HD148  15,471   31,235  2,158   33.12%   66.88%
HD149  14,072   24,620    980   36.37%   63.63%
HD150  41,446   28,510  1,719   59.25%   40.75%

CC1    61,305  224,448  8,270   21.45%   78.55%
CC2   106,277  119,247  6,313   47.12%   52.88%
CC3   165,385  162,387 10,232   50.46%   49.54%
CC4   178,394  163,329  9,947   52.20%   47.80%

These three races did not feature a Libertarian candidate. District Clerk was actually one slot above County Clerk on the ballot, followed by County Treasurer and the At Large HCDE Trustee race. Abel Gomez, the Libertarian County Clerk candidate, got 30K votes. Chris Daniel outpolled Stan Stanart by 22K votes, while Marilyn Burgess took 3K more than Diane Trautman. There were 5K more undervotes in the District Clerk race. For those of you who speculate about the effect of Libertarian candidates in races like this, make of that what you will. I would also note that Abel Gomez is a Latino candidate, and these other two races featured Latino candidates. Orlando Sanchez pulled in 33K more votes than Stanart, with Dylan Osborne lagging Diane Trautman by 6K. In the HCDE race, Marc Cowart only got 2K more votes than Stanart, while Richard Cantu outpaced Trautman by 20K. Again, make of that what you will.

That’s all I’ve got from Harris County, at least for now. I’ve got a post on Fort Bend in the works, and we should soon have the state data available to ponder. I know there will be more to look at, but for now I hope this has been useful to you.

Emmett to teach at Rice

Fitting.

Ed Emmett

Outgoing Harris County judge Ed Emmett said Tuesday he will teach at Rice University, his alma mater, starting in January.

Emmett made the impromptu announcement after a Rice University undergraduate spoke during the public comment portion of Commissioners Court, when he encouraged her to sign up for his class.

“I’ll be teaching a class in the spring and two classes in the fall, and assisting the Kinder Institute on policy projects,” Emmett said.

He will be a non-tenured professor and senior fellow at the Kinder Institute for Urban Research. Though he said he looks forward to taking a step back from politics, Emmett’s first class will focus on policy topics within the Texas Legislature, which returns to Austin in January.

In an interview at his office, Emmett said Rice President David Leebron approached him last month about joining the faculty. Emmett in November lost his bid for a third full term as county judge, a position he has held since 2007.

I’m sure he’ll do a great job, and I’m sure his classes will be popular. I wonder if now that he is freed of the responsibility of governing and of being a politician, he’ll say some things in these classes that he’d always wanted to but never felt he could before. I’m sure we’ll hear about it if he does.

Lina Hidalgo gets the national press treatment

You need to get past the first couple of paragraphs, but overall a decent piece.

Lina Hidalgo

Even in defeat, Beto O’Rourke did a big favor to fellow Democrats all over Texas. A couple hundred thousand young people who might otherwise have skipped the election turned out to vote for the charismatic young liberal, and when they did, they also voted for his party down the ballot. The Republicans still won the statewide races, but the margins were the narrowest they’ve been in decades, and in local races, there were a number of upsets by Democrats.

Perhaps the biggest surprise — or accident, as far as local conservatives are concerned — was in the race for the top administrator of Texas’s largest county, the one that surrounds Houston. The winner, Lina Hidalgo, was the most millennial candidate ever, a 27-year-old perma-student who relied on her parents’ financial support to launch her campaign. Her only jobs so far have been the short-term gigs she’s worked amid her schooling.

It’s safe to say she wasn’t chosen for her qualifications. Eighty-seven percent of her votes came from straight-ticket ballots. Now she’ll be overseeing a county of 5 million people — the third-largest in the U.S., larger than 26 states — along with a $5 billion budget and a payroll of nearly 17,000 people. (Only a few local hospitals and grocery stores employ more people, including Walmart, which has 34,000 Houston-area workers.) On top of that, Harris County has a vulnerable population of more than half a million undocumented immigrants, and surrounds a city that’s made entirely of concrete, as though it’s designed to encourage the maximum possible damage from floods — of which there have been two apocalyptic ones in the last decade.

Sometimes during the campaign, it didn’t look like she was even trying all that hard to win. A common refrain in news coverage was that she’d never attended a meeting of Harris County’s commissioners court, the governmental body she’d be overseeing, which is sort of like a city council. In one debate she couldn’t name the city auditor.

But the truth is that Hidalgo is more formidable than her short résumé suggests. To anyone paying closer attention, it was clear that she and the incumbent had fundamentally different ideas about what the administrative position should be. She thought, and still thinks, that there’s a way of transforming it from a mostly managerial role — someone who fills potholes, balances the budget, and cleans up after floods — to one that mobilizes the county’s resources to improve public health, expand public transportation, reform the jails, and reduce global warming.

“Any issue you choose, it’s easy to say, ‘We can’t do anything — that’s not the county’s deal,’ she said in a phone interview last week. “But fundamentally, it’s about priorities. Budgets are about priorities and they’re about values.” When she gets into the details, she’s persuasive — maybe because the transition has given her a chance to study the system up close. On criminal justice, she points out, the county has spent somewhere north of $6 million in the past year fighting a judge’s order to reform its bail system. On health, she cited an independent 2015 report that suggested the county could improve its services by coordinating better among its hospitals, clinics, schools, and public-health department. And on transit, she argued, the county can manage development in a way that discourages sprawl, and can divert some of its money for trains.

Just out of curiosity, can you name the county auditor? (County, not city – that’s an error in the article.) I’ve got the answer at the end of this post.

I feel like people haven’t really wrapped their minds around the ways in which things are likely to change, not just due to Hidalgo’s election but due to the new Democratic majority on Commissioners Court. The Court has always operated in a very clubby you-do-your-thing-and-I’ll-do-mine way, with Republicans having either a 3-2 or 4-1 majority most of the time. The late El Franco Lee, who was one of those Democrats for a thirty year period, did a lot of things for Precinct 1 in his time but was nobody’s idea of an agitator for change at the county level. It’s not just Lina, it’s Lina plus Rodney plus Adrian that will have a chance to shake things up and question things we have been doing for years, if not forever. Some of that is going to generate a ton of friction. As someone once said, elections have consequences.

By the way, later in the article Hidalgo responds to the complaint about her not having attended a Court meeting. She notes she watched them online, then makes the very good but often overlooked point that Court meetings are held during the work day for most people, and in general are not very welcoming to public input. That’s one of those things that I figure will be changed, and it will be welcome. Business is not going to be as ususal.

By the way, the county auditor is someone named Michael Post. Go ahead and do a Google News search for “harris county auditor” or “michael post harris county”, or a Chron archive search for either, I’ll wait. Maybe the reason Lina Hidalgo didn’t know the name Michael Post off the top of her head is because the man and his office have basically been invisible? Just a thought.

Use that mandate in Harris County

Jay Aiyer pens an agenda for Harris County and its Democratic government.

First and foremost, flood mitigation has to be at the top of any list. Harris County has taken good initial steps to improve flood control infrastructure, and the passage of flood control bonds was badly needed. Those steps however, are only the beginning of what needs to be done. Development changes that prohibit growth and expansion in the floodplain, and ideas from experts like Rice University’s Raj Makand to impose a moratorium on new municipal utility districts until the region has a comprehensive plan for flood mitigation should be considered. Infrastructure development in Harris County — everything from toll road expansion to affordable housing construction should be factored into flood control efforts. Flood mitigation needs to be the county’s top priority.

[…]

The need for ethics and transparency is also required at the Commissioner’s Court itself. Unlike Houston City Council or the Texas Legislature, Harris County government remains largely shrouded in secrecy. The lack of broad transparency and pro-forma meetings results in a policy process that is largely kept behind closed doors. Commissioners have wide latitude in how business is conducted within their precinct, but that should be governed by a strong ethics policy that requires lobbyists to register and places limits on campaign contributions. A strong government requires one grounded in ethics and transparency.

Access to the ballot box and the integrity of voting process remains a major concern to all voters. Harris County needs a transparent and error-free voter registration process that works to actively register voters. Texas is eliminating straight ticket voting in 2020 and Harris County needs to start preparing for the longer lines and logistical strains that surround the longest electoral ballot in the country. This means expanding the number early voting locations throughout the county, as well as extending the hours of operation. Harris County also needs to follow other Texas counties and create election day voting centers that allow voters to cast a vote at location throughout the county — not just at a precinct.

Part of the improving voting means replacing the outdated machines. The current click-wheel electronic voting system is outdated and slow in handling our long ballot. Harris County needs to invest in modern, verifiable voting machines that can provide confidence in the electoral process while allowing voters to exercise their vote quickly and efficiently. County government has historically worked to make voting more difficult and cumbersome, and these reforms would be a good first step in reversing that.

Finally, Harris County should also revisit initiatives around the expansion of early childcare. In 2013, the well-meaning pre-K training initiative “Early to Rise,” which called for a ballot initiative to expand pre-K training programs, was strongly opposed by outgoing County Judge Ed Emmett and the Republican majority of Commissioner’s Court. While that initial plan was limited in scope, the idea of a regional approach to expanding early child care is one that needs to be explored. Research indicates that investing in early education initiatives are the best way to mitigate the effects of poverty and improve long term educational outcomes. A countywide program may be the smartest long term investment that Harris County could make.

I endorse all of Jay’s idea, which he proposes as a first-100-days plan, and I’d add a few things of my own, none of which need to be done immediately. One is for Harris County to be a more active partner with Metro, and to be fully engaged in the forthcoming transit plan and referendum. There are a lot of ways the county can contribute to better transit, and with everything Metro has going on now, this is the time. Two, continue the work Ed Emmett started in consolidating services with Houston and other cities, and make non-MUD governance a part of that development reform Aiyer outlines. Three, figure out what the office of the Treasurer can and should be doing. Incoming Treasurer Dylan Osborne has his own ideas, of course, but my point is that back in the 90s Commissioners Court basically neutered the office during Don Sumners’ term. Maybe now the time has come to restore some actual power to that office. Other counties have Treasurers, perhaps we should look to them to see if there’s a good model to follow.

I’m sure there are plenty of other ideas. (The parts that I cut out for this excerpt talked about criminal justice and bail reform, some of which have been going on.) Reviving the pre-K proposal is especially something we should all get behind. The point is, there is much that can be done, and no reason to feel restrained by “we’ve always done it that way” thinking. If it’s a good idea, let’s talk about it and figure out if we can make it work. It’s a new era in Harris County.

Emmett’s farewell

I wish him the best with whatever comes next.

Judge Ed Emmett

Harris County Judge Ed Emmett on Tuesday did not rule out returning to public service after he gives up the gavel in January, but made clear he first would return to the private sector following last week’s re-election loss.

Democrat Lina Hidalgo defeated Emmett, a Republican who has helmed Harris County government since 2007. She will assume office Jan. 1. Meanwhile, Emmett said he planned to work with Hidalgo to ensure she transitions smoothly into the role.

With two Commissioners Court meetings left in his term, Emmett likely will decide on his next move in early December and told reporters he faces “numerous options.”

“You know, I had a life before I became county judge,” Emmett, 69, said after his first post-election court meeting. “As I’ve told many people, you know, I didn’t die.”

[…]

Emmett said he would remain interested in how the revamped court handles Harris County’s growing unincorporated population, and remained willing to offer “anything I can do to help that.” However, Emmett also indicated he would not hover over Hidalgo’s shoulder upon leaving office.

“I don’t intend to be one of those people that every day says something about what’s going on in the county,” he said. “I’m going to move on with my life and she’s going to move on with the county.”

Emmett, a moderate Republican, has been at odds with his party’s more conservative wing, and on Tuesday offered some criticism for those at the top of the ticket, without naming names. During the campaign, he told the Houston Chronicle editorial board that he planned to vote for Mike Collier, the Democratic challenger to Republican Lt. Gov. Dan Patrick.

Every statewide Republican official lost Harris County, including Patrick, who faced a 14-point deficit here. Democrat Beto O’Rourke also trounced Sen. Ted Cruz, R-Texas, at the top of the local ballot. Republicans nonetheless won their statewide elections.

“I think that people at the top of the ticket need to start looking at what they’re saying to the voters, ’cause the voters aren’t buying it,” Emmett said. “And I think voters want to pay attention to competence, and people that will address the needs of their daily lives, and get away from all this other stuff.”

I’m sure we’ve not heard the last of Ed Emmett. I expect he’ll take some time off – he’s certainly earned it – and probably down the line he’ll wind up in some other form of public service, on a commission or board or what have you. He’ll be welcome in whatever capacity he chooses. As for his fellow Republicans, I’m sure they won’t pay heed to what he’s saying. Some lessons need to be learned the hard way, and the ones in Texas who most need that have unfortunately not yet had that experience. Be that as it may, I thank Ed Emmett for his service, and wish him and his family all the best.

There better be a bail lawsuit settlement

I mean, duh.

The Democratic sweep of Harris County leadership posts in the midterm election could prompt a settlement in the protracted legal dispute over how judges handle bail for poor people arrested for petty offenses, according to statements made in federal court Tuesday.

The shift in attitudes became evident during an early morning hearing in Houston before Chief U.S. District Judge Lee H. Rosenthal, who has presided over the civil rights action since 2016 and ruled in 2017 that the county’s bail practices discriminated against poor people. Lawyers for both sides acknowledged the proverbial elephant in the room: that all 14 county judges who oppose the bail lawsuit are Republicans who will be replaced in the new year by Democrats who have pushed for deeper bail reform.

Rosenthal congratulated the attorneys’ willingness to “accommodate any changes that have recently occurred in a reasonable way” and set a hearing for Feb. 1 where the lawyers may begin discussing plans for a possible settlement that would avert a costly trial.

[…]

Standing with [plaintiffs’ attorney Neal] Manne and others in the courthouse hallway after the hearing was Franklin Bynum, a 36-year-old Democratic Socialist in the mold of Bernie Sanders, who was elected last week to the misdemeanor bench for County Criminal Court No. 8. Bynum said he’d read documents and sat through hearings in the historic bail case from the beginning.

“It was this lawsuit that originally inspired me to run for judge,” Bynum said.

He said he and his fellow Democratic candidates all promised residents on the campaign trail they intended to settle the bail lawsuit quickly.

“Certainly, we’re going to behave differently than the current judges did, like being obstinate …and defending the indefensible,” he said.

In April 2017, Rosenthal ruled that the county’s bail policy violated the equal protection and due process clauses of the U.S. Constitution. She wrote that misdemeanor judges’ bail determinations amounted to wealth-based detention for poor defendants who could otherwise qualify for pretrial release, whereas similar defendants with money could resume their lives at home on bond.

The topic of a settlement surfaced again an hour later at the start of the first Commissioners Court meeting following the election.

A lawyer for County Court at Law Judge Darrell Jordan, the only Democrat on the misdemeanor bench and the only judge to retain his seat in last week’s election, implored county leaders to “stop the hemorrhaging of money” and end their appeal to the 5th U.S. Circuit Court of Appeals.

Basically, at this point there’s no one in power that wants to see this continue. County Judge-elect Hidalgo, County Commissioner-elect Garcia, and all of the incoming misdemeanor court judges ran on ending the lawsuit and implementing bail reform. We just need to do it, and we have every right to expect results after the new officials and judges are sworn in.

Hidalgo gets started

If you weren’t paying attention to County Judge-elect Lina Hidalgo before, you are now.

Lina Hidalgo

Precinct 1 Commissioner Rodney Ellis, the lone Democrat currently on the court, said Hidalgo is a quick study who will settle into the role quickly.

“She’s smart and was very bold to make the decision to run, and to make a commitment to public service,” Ellis said.

Hidalgo said her immediate focus is recruiting a top-flight staff and pledged to announce a transition plan in coming weeks. Depending on how many Emmett holdovers Hidalgo retains, she could have as many as 30 positions to fill.

[Robert] Eckels, who served as county judge from 1995 to 2007, urged Hidalgo to focus on building relationships with the four county commissioners. Unlike the mayor of Houston, who has significantly more power — and far more leverage over — city council, the county judge can accomplish little without the support of commissioners.

“The county judge position is by nature a weak position,” Eckels said. “One vote is one vote. Three votes can change the world.”

Eckels said the mild-mannered Emmett was successful because he was able to manage the sometimes outsized personalities of commissioners.

Hidalgo said she would welcome Emmett’s advice during the transition. She said a top priority is to make county government more transparent, and suggested holding regular town halls. She also is eager to settle the federal lawsuit brought by poor criminal defendants brought two years ago, in which they argue Harris County’s cash bail system is unconstitutional.

She emphasized the importance of flood control, and said she has yet to determine whether to make changes to the projects list for the $2.5 billion flood protection bond voters approved in August.

[…]

With the election of Adrian Garcia in the Precinct 2 commissioner’s race, Democrats will have a 3-2 majority on Commissioners Court, starting in January.

The Republican commissioners, Steve Radack and Jack Cagle, said they looked forward to working with Hidalgo. Radack, who has served under three county executives since he first was elected in 1988, said he expects court members to continue to work well together with Democrats in charge.

Cagle said he would not be bothered if Hidalgo used her new pulpit to speak out on statewide and national issues like immigration and criminal justice, so long as the county continues to serve its largely nonpartisan functions, like maintaining infrastructure and providing health services.

“When you fix a pothole, there’s no R or D that goes on it,” Cagle said.

Houston Mayor Sylvester Turner said Wednesday morning he was surprised Hidalgo won. He praised Emmett, with whom he worked closely during storm events including Hurricane Harvey and the Tax Day Flood, as a treasured partner.

“The reality is that for all of us, we’re not indispensable,” Turner said. “I can be here, tomorrow I can be someplace else and the city will go forward, the city will go on.”

Indeed. The power on Commissioners Court lies mostly with the Commissioners themselves – they have the bigger budgets, after all. The Court has always operated in a collegial environment and with consensus among the commissioners. We’ll see how that changes now that Dems have the majority. For now, the priority for Hidalgo is going to be getting to know her future colleagues and everyone else who will need to get to know her.

Initial reactions: Harris County

Let’s start with the obvious.

Judge Ed Emmett

Harris County Democrats rode a surge in voter turnout to a decisive victory on Tuesday, unseating several countywide Republican officials, including longtime County Judge Ed Emmett, and sweeping all 59 judicial races.

Emmett, who courted Democratic ticket-splitters and leaned on his reputation as a steady hand during hurricanes, conceded at 11 p.m. to 27-year-old challenger Lina Hidalgo, who was running in her first race for public office.

After defeating the Republican sheriff and district attorney two years ago, Harris County Democrats now will control all of the countywide elected posts. In addition, former sheriff Adrian Garcia defeated incumbent Republican Jack Morman in the Precinct 2 commissioner’s race, giving Democrats control of Commissioners Court.

[…]

University of Houston political science professor Brandon Rottinghaus attributed the Democrats’ success to changing demographics in the largest Texas county and a superb get-out-the-vote effort by Democratic groups.

“Democrats have harnessed the blue wave, at least locally,” Rottinghaus said. “Harris County is going to be trending more purple, which is going to spell difficulty for Republicans in countywide races in the future.”

The upset fulfilled the nightmare scenario Republicans feared: Democratic straight-ticket voters who have a positive opinion of Emmett failed to venture far enough down the ballot to vote for him, handing the win to Hidalgo.

Hidalgo will be the first Latina county judge, and youngest since a 23-year-old Roy Hofheinz was elected in 1936. She has lived in Harris County sporadically as an adult and has never attended a meeting of Commissioners Court.

Hidalgo was an energetic campaigner who implored voters not to settle for the status quo. She criticized Emmett for failing to push harder for flood protection measures in the decade before Hurricane Harvey, when parts of the county were flooded by several storms. Emmett had campaigned on his record, contrasting his 11 years as the county’s chief executive with Hidalgo’s lack of formal work experience.

At Emmett’s watch party at the Hotel ZaZa, his supporters stared in disbelief at monitors displaying the results. Emmett spoke briefly and compared this election to the 1974 midterms following the Watergate scandal, when a wave of incumbents were defeated.

“If this happens the way it appears, I won’t take it personally,” Emmett said. “It is a bitter pill to swallow, but Harris County will move on. I will be fine.”

Supporter Xavier Stokes chalked up the county judge race result to straight-ticket voting, rather than a referendum on Emmett himself.

“He’s done such a good job, and yet here we are,” Stokes said. “It just shows you how this type of voting distorts the outcome.”

I’m not surprised to see straight ticket voting get the blame here. Lisa Falkenberg and Judge Emmett himself are both pushing that narrative, though to Falkenberg’s credit she also recognized that some awful Republicans in Harris County had been the beneficiary of straight ticket voting in the past. Judge Emmett is a good person and he has been a very competent County Judge, but his problem wasn’t so much the straight ticket option as it was that so many more Democrats than Republicans voted. Beto O’Rourke carried Harris County by almost 200,000 votes. All of the statewides except Lupe Valdez (+66K), Joi Chevalier (+97K), and Roman McAllen (+100K) carried Harris by more than the Democratic margin in straight ticket votes. Emmett pitched his campaign at Democrats because he had no choice. He knew he was swimming in very deep waters. To assume that the straight ticket voters cost him the election is to assume that without that option, the Democratic straight ticket voters would have significantly either undervoted in the County Judge race or gone on to vote for Emmett as the (likely) only Republican they chose – which, remember, they still could have done anyway – and also that a significant number of Republican straight ticket voters would have remembered to vote all the way down the ballot as well. Maybe straight ticket voters cost Emmett this race and maybe they didn’t, but when you start out with a deficit that large you need everything to go right to have a chance at overcoming it. Not enough went right for Ed Emmett.

Two other points to note here. One is that I don’t remember anywhere near this level of mourning when straight ticket Republicans in 2010 ousted then-State Rep. Ellen Cohen and then-County Commissioner Sylvia Garcia, the latter in favor of a little-known young first time candidate. Two, it was within the power of the formerly-Republican-dominated Commissioners Court to take measures to mitigate against the seemingly pernicious effects of straight ticket voting. They could have engaged in efforts to better educate everyone in Harris County about how its voting machines worked instead of leaving that mostly to the political parties. They could have invested in newer voting machines that provided voters with more information about their range of options in the booth. They did not do these things. Which, to be fair, may not have made any difference in the era of Donald Trump and a rising demographic tide that is increasingly hostile to Republicans. It’s just that when men of great power and influence claim to have been undermined by forces entirely beyond their control, I tend to be a bit skeptical.

Anyway. I understand the concerns that some people have about Lina Hidalgo. I think she’ll be fine, I think she’ll figure it out, and I think Harris County will be fine. I also think that the professional news-gathering organizations could send a reporter or two to Dallas and ask about their experience after the 2006 election when an even lesser-known and much less qualified Democrat ousted the respected longtime Republican County Judge in that year’s blue wave. That fellow – Jim Foster was his name – had a turbulent tenure and was ousted in the 2010 Democratic primary by current County Judge Clay Jenkins. I’m sure we could all benefit from a review of that bit of history.

Beyond that, the main immediate effect of the Hidalgo and Garcia wins will be (I hope) the swift conclusion of the ongoing bail practices litigation. With the defeat of all the Republican misdemeanor court judges, there’s no one outside of Steve Radack and Jack Cagle left in county government who supports continuing this thing, and they’re now outvoted. Longer term, the next round of redistricting for Commissioners Court should be more considerate of the Latino voters in the county, as Campos notes. I also have high hopes for some sweeping improvements to voting access and technology now that we have finally #FiredStanStanart. Long story short, a review and update of early voting hours and locations, an investment in new and better voting machines, and official support of online voter registration are all things I look forward to.

One more point of interest, in the race for HCDE Trustee Position 4, Precinct 3. Democrat Andrea Duhon nearly won this one, finishing with 49.58% of the vote. Precinct 3 is where County Commissioner Steve Radack hangs his hat, and it was basically 50-50 in 2018. Radack is up for election in 2020. Someone with the right blend of ambition and fundraising ability needs to be thinking about that starting now.

Omnibus election report

It’s after midnight, I’ve mostly posted stuff on my long-dormant Twitter account (@kuff), and I will have many, many thoughts in the coming days. For now, a brief recap.

– As you know, neither Beto nor any other Dem won statewide, thus continuing the shutout that began in 1996. However, as of this writing and 6,998 of 7,939 precincts counted, O’Rourke had 3,824,780 votes, good for 47.86% of the total. In 2016, Hillary Clinton collected 3,877,868 votes. It seems very likely that by the time all is said and done, Beto O’Rourke will be the biggest vote-getter in history for a Texas Democrat. He will have built on Hillary Clinton’s total from 2016. That’s pretty goddamn amazing, and if you’re not truly impressed by it you’re not seeing the whole picture. We’re in a different state now.

– Beto may not have won, but boy howdy did he have coattails. Colin Allred won in CD32, and Lizzie Fletcher won in CD07. Will Hurd is hanging on to a shrinking lead in CD23, up by less than 1,200 votes with about 14% of the precincts yet to report. He was leading by 6,000 votes in early voting, and it may still be possible for Gina Ortiz Jones to catch him. Todd Litton (45.30% in CD02), Lorie Burch (44.21% in CD03), Jana Lynne Sanchez (45.25% in CD06), Mike Siegel (46.71% in CD10), Joseph Kopser (47.26% in CD21), Sri Kulkarni (46.38% in CD22), Jan McDowell (46.91% in CD24), Julie Oliver (44.43% in CD25), and MJ Hegar (47.54% in CD31) all came within ten points.

– Those coattails extended further down the ballot. Dems picked up two State Senate seats, as Beverly Powell defeated Konni Burton in SD10 (Wendy Davis’ old seat) and Nathan Johnson trounced Don Huffines in SD16. Rita Lucido was at 46.69% in SD17, but she wasn’t the next-closest competitor – Mark Phariss came within three points of defeating Angela Paxton in SD08, a race that wasn’t really on the radar. Oh, and in an even less-visible race Gwenn Burud scored 45.45% in SD09, while Meg Walsh got to 41.60% against Sen. Charles Schwertner in SD05 (he was just over 55% in that race). We could make things very, very interesting in 2022.

– And down in the State House, Dems have picked up 11 seats:

HD45, Erin Zwiener
HD47, Vikki Goodwin
HD52, James Talarico
HD65, Michelle Beckley
HD102, Ana-Marie Ramos
HD105, Terry Meza
HD113, Rhetta Bowers
HD114, John Turner
HD115, Julie Johnson
HD135, Jon Rosenthal
HD136, John Bucy

Note that of those seven wins, a total of four came from Denton, Hays, and Williamson Counties. The Dems have officially gained a foothold in the suburbs. They also lost some heartbreakingly close races in the House – I’ll save that for tomorrow – and now hold 12 of 14 seats in Dallas County after starting the decade with only six seats. This is the risk of doing too precise a gerrymander – the Republicans there had no room for error in a strong Democratic year.

– Here in Harris County, it was another sweep, as Dems won all the judicial races and in the end all the countywide races. Ed Emmett lost by a point after leading most of the evening, while the other Republicans lost by wide margins. Also late in the evening, Adrian Garcia squeaked ahead of Commissioner Jack Morman in Precinct 2, leading by a 112,356 to 111,226 score. Seems fitting that Morman would lose a close race in a wave year, as that was how he won in the first place. That means Dems now have a 3-2 majority on Commissioners Court. Did I say we now live in a different state? We now live in a very different county.

– With 999 of 1,013 precincts in, Harris County turnout was 1,194,379, with about 346K votes happening on Election Day. That puts turnout above what we had in 2008 (in terms of total votes, not percentage of registered voters) but a hair behind 2012. It also means that about 71% of the vote was cast early, a bit less than in 2016.

– Oh, and the Dems swept Fort Bend, too, winning District Attorney, County Judge, District Clerk, all contests judicial races, and County Commissioner in Precinct 4. Maybe someone can explain to me now why they didn’t run candidates for County Clerk and County Treasurer, but whatever.

– Possibly the biggest bloodbath of the night was in the Courts of Appeals, where the Dems won every single contested race in the 1st, 3rd, 4th, 5th, 13th, and 14th Courts. I count 16 incumbent Republican judges losing, with several more open Republican-held seats flipping. That is utterly amazing, and will have an impact far greater than we can imagine right now.

– Last but not least, both Houston propositions passed. Expect there to be a lawsuit over Prop B.

Chron profiles both County Judge candidates

Good story on Lina Hidalgo.

Lina Hidalgo

First-time candidate Lina Hidalgo hopes Harris County voters frustrated with what she says is poor leadership on flood control and criminal justice reform will help her defeat longtime County Judge Ed Emmett.

Hidalgo, 27, is the Democratic nominee for the county’s top executive position. She is one of a record number of Hispanic candidates in Harris County this year, and would be the first woman and Latina county judge. Democrats are betting high turnout among their voters, which helped defeat a Republican sheriff and district attorney in 2016, will overcome Emmett’s broad popularity with residents.

“What I have is the moral compass to ensure we are putting the community’s interests ahead of the next election,” Hidalgo said in an interview at her Galleria campaign headquarters.

Even in a year where Democrats are motivated by a viable Senate candidate and united in anger against an unpopular president, Hidalgo faces a tough task. She is running against possibly the most popular local figure who did not win the World Series last year. Though Emmett has more experience, is far more well known and has raised more money than Hidalgo, election researchers say she has a path to victory if too many Democrats forget to vote for him.

Hidalgo’s background is similar to those of the one-quarter of Harris County residents who are immigrants. She was born in Colombia in 1991, during that country’s war with drug cartels, and moved with her parents and younger brother first to Mexico, and then to Houston in 2005. She graduated from Seven Lakes High School in Katy ISD in 2009, and earned a political science degree from Stanford University four years later.

She enrolled in 2015 in a joint master’s program at Harvard University and law program at New York University. As part of her studies she has interned with the public defender’s office in New Orleans and an inmate mental health project in New York City. Back in Houston, she spent two summers at Ben Taub Hospital translating for Spanish-speaking patients.

Putsata Reang, her supervisor during a research project in Thailand studying free speech rights in Southeast Asian countries, described her as a hard worker eager to take initiative.

“She’s like this incredible force where we were getting 10 employees out of one because of the sheer workload she could handle,” Reang said.

Go read the rest, then take a look at the companion piece on Judge Emmett.

Judge Ed Emmett

If there is a nightmare keeping Harris County Judge Ed Emmett awake at night, it may go like this: It starts months before November, when Democrats tell pollsters they, of course, will vote for Emmett, even though he’s a Republican. They like how he led the county during Hurricane Harvey, and the storms before that, stretching back to Ike a decade ago.

Election Day arrives. A surge of Democrats turn out, motivated by anger with Republicans at the top of the ticket and President Donald Trump, who is absent from the ballot. They have no quarrel with Emmett. But the lines are long, the ballot is long, and the county judge’s race is below dozens of state and federal contests.

At the top of the ballot, however, voters can select the straight ticket of their party with one button. Democrats pick theirs, and leave. And Emmett loses to a 27-year-old who never has held political office.

That is the scenario, in the last Texas election with straight-ticket voting, election researchers say could sweep Emmett out of office. Though Emmett is likely to win a third full term, they said in an election in which Republican voters likely will be a minority, the judge should be reminding Democrats to buck their party and stick with him.

“It’s all about Democrats voting for Ed,” said Robert Stein, a political science professor at Rice University. “I wouldn’t rule out the possibility, however remote or odd it sounds, that Democrats never remember to.”

[…]

Stein said his research shows Emmett winning re-election, but with only around 55 percent of the vote — despite being viewed positively by 70 to 80 percent of the electorate. University of Houston political science Professor Brandon Rottinghaus said Emmett, though popular, could become collateral damage in a backlash against the Republican Party.

“The wave may very well drown a moderate Republican,” he said. “That’s true for Emmett and, potentially, for State Rep. Sarah Davis.”

You should read the rest of this one as well, but let me push back a little on the math here. In 2014, the undervote rate in the dozens of contested judicial elections was consistently right around four percent. That amounted to roughly 30,000 votes in each of those races, and in every case that total number of non-votes was smaller than the margin of victory, in race where the victorious Republican candidate mostly drew between 53 and 55 percent. Going farther down the ballot, in the non-judicial countywide contests that appeared after Emmett, the undervote in the races for District Clerk was 4.09%, for County Clerk was 3.90%, and for County Treasurer was 3.46%. I feel like if people remembered to vote for Stan Stanart and Orlando Sanchez, they’d probably not forget to vote for Ed Emmett.

As for the estimated share of the vote Emmett might get, we can’t really look at 2014 because he didn’t have a Democratic opponent. In 2010, when most Republican judicial candidates were getting between 55 and 57 percent of the vote, Emmett received 60.6%, so he ran between four and six points better than his partymates. I think 55 is on the high end of the spectrum for Emmett this year, but it’s plausible. The real question I have is, what do you think the baseline percentage for Republicans elsewhere will be? I fully expect Emmett to exceed the baseline, as he has done in the past, but he can’t completely defy gravity. He’s going to need the Republican base vote to be there as well, and if it isn’t then he’ll be in trouble.

My interview with Lina Hidalgo is here if you haven’t already listened to it. I think we can all acknowledge that Ed Emmett has been a good County Judge while at the same time recognizing that there are things we could be doing differently, priorities we could choose to elevate or diminish, and causes we could support or oppose with more vigor. Campos has more.

Endorsement watch: One out of three will have to do

They endorsed Ed Emmett, which comes as a surprise to no one.

It is with a twinge of regret that we endorse Ed Emmett for re-election as county judge. We’d rather be endorsing the pragmatic Republican for governor.

A man who began his tenure with the admonishment to “hunker down” during Hurricane Ike has become a steadfast pillar in our state’s ongoing political gale. As county judge he serves as chief executive for the four million people in Harris County and oversees road construction, flood control, hospital services and a litany of other county responsibilities. At a time when Republican leaders in Austin seem to thrive on the chaos of partisan pandering at the expense of their basic duties, and Texas Democrats remain unable to mount a viable opposition, Emmett offers an alternative vision of government — one focused on fulfilling the essential responsibilities of his office and meeting the needs of his constituents.

[…]

We don’t agree with Emmett on everything — he and other GOP members of Commissioners Court are wrong to continue funding expensive outside lawyers to defend the county’s unconstitutional bail system. But there’s no one we’d rather have guiding our regional government.

As for his Democratic challenger, we were thoroughly impressed that Lina Hidalgo was able to hold her own when the two met side-by-side for their endorsement meeting. Hildalgo, 27, was born in Colombia, came to the United States as a teenager and has an impressive resume that includes elite institutions such as Stanford, Harvard and New York University. She has an academic background in criminal justice reform and has worked in Southeast Asia promoting government transparency. Closer to home, she spent time at the Texas Civil Rights Project and served as a Spanish-English medical interpreter at the Texas Medical Center.

Hidalgo offers a vision of a county government more actively involved in public policy debates, such as working to help migrant families at the border. She also resurrected the idea of a county-sponsored pre-K program. Overall, she is committed to caring about the most vulnerable among us.

The most interesting thing in the editorial was the revelation that Emmett plans to vote for Mike Collier over Dan Patrick. That in itself isn’t too surprising – Patrick loathes Republicans like Emmett, and he sure hasn’t done anything good for Harris County – but saying it for the record is something new. One hopes he feels the same way about Justin Nelson over Ken Paxton, and Kim Olson over Sid Miller as well. As for Lina Hidalgo, if you haven’t listened to my interview with her, I encourage you to do so. I like what Lina has been saying and doing, and I’m glad she jumped into this race.

They endorsed Chris Daniel for re-election as District Clerk.

[Daniel’s] office has responsibility for overseeing the behind-the-scenes work in our district courts, including the ongoing project of implementing e-filing in the criminal courthouse. Both the civil and family courts have already transitioned to this new system. Daniel, 36, is also one of the rare Republicans to earn an endorsement from the AFL-CIO, which he told the editorial board he attributes to his support for a $15 minimum wage for his employees.

In his meeting with the editorial board, Daniel made a convincing case that his office needs additional funds to help support the specialty diversion courts that have become an important part of our criminal justice system. He also proposed that the legislature provide a tax incentive to compensate businesses that provide paid leave for employees on jury duty — an idea we fully support.

His Democratic challenger, Marilyn Burgess, has managerial experience in the public and private sector, including service as executive director of Texas PTA and president of North Houston-Greenspoint Chamber of Commerce. While lawyers may be concerned that she doesn’t have a law degree, Burgess pointed out the situation is similar to hospital managers who aren’t doctors. Burgess, however, would bring the credentials of a certified public accountant.

The Chron was complimentary to Burgess, saying she would undoubtedly be excellent if she were elected. I did not do any interviews for District Clerk. I interviewed Loren Jackson twice, in 2008 and 2010, and I interviewed Judith Snively in 2014, and honestly there isn’t much to ask about, as District Clerk is a pretty straightforward job. I endorsed Burgess early on, as she was easily the best candidate in the primary and was one of the first candidates at any level out there campaigning.

Of greater interest, they endorsed Diane Trautman for County Clerk.

Diane Trautman

While we endorsed Stanart in 2014, we do not believe he is fit for a third term.

Instead, we encourage voters to support his challenger, Diane Trautman. A current at-large board member at the Harris County Department of Education, Trautman has managerial experience in the public and private sector and a doctorate from Sam Houston State University with a dissertation on women’s leadership styles. Meeting with the editorial board, she offered a litany of ideas for improving those frustratingly slow election night returns, including better training and a more transparent process. She also has a passion for creating countywide voting centers so that people don’t have to cast their ballots at specific — and often inconvenient — precincts on Election Day.

“Currently 52 counties [in Texas] are already using this method of voting successfully and increasing their voter turnout,” she said. “The question is: Why aren’t we?”

Overall, Trautman offers a more managerial sense of the role than Stanart’s current method of operating in the weeds. For example, the incumbent personally spearheaded a plan to create plastic stands to hold iPads to help run elections. The project made headlines for its $2.75 million price-tag, including $1 million worth of iPads that sat unused in a warehouse. It was one of many bizarre scandal to occur on his watch. The 2012 primary runoff results were delayed due to technical errors, and the original numbers had to be corrected. In the 2011 general election his office published an inaccurate manual for election judges.

Stanart’s use of George Soros-related fear-mongering on his campaign website also brings an unnecessary tinge of partisanship to his office and panders to anti-Semitic conspiracy theories. His site says that the Jewish Hungarian billionaire “wants to control Harris County Elections” — a bizarre and inaccurate claim. Stanart told us it was based on a rumor that later turned out to be untrue but he never changed the website. Voters should want the person in charge of our elections to be above the usual political squabbles and avoid spreading unsubstantiated gossip.

There’s more Stanart-bashing in the piece, so go read and enjoy. My interview with Trautman is here, and you know I think she’s aces. You want to #FireStanStanart, this is your chance.

Interview with Lina Hidalgo

Lina Hidalgo

The office of Harris County Judge has always been held by a Republican, for all intents and purposes. Before Ed Emmett was Robert Eckels, before Robert Eckels was Jon Lindsay, and before Jon Lindsay I was in second grade, as Lindsay was first elected County Judge in 1974. Emmett withstood the Democratic tide of 2008, and has had two easy re-elections since then. Challenging Judge Emmett this year, and forty-plus years of history, is Democrat Lina Hidalgo. A native of Colombia, Hidalgo grew up in Texas and got her undergraduate degree at Stanford; she is currently pursuing a joint degree in law and public policy at NYU and Harvard. Hidalgo has worked for the Texas Civil Rights Project and in Southeast Asia as an advocate for government transparency and accountability. I spoke to her a few weeks ago about the flood bond referendum, and I spoke to her again about the rest of the job of Harris County Judge. Here’s that conversation:

You can see all of my interviews for candidates running for County office as well as finance reports and other information on candidates on my 2018 Harris County Election page.