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HCDP

You still have time to donate to the Democratic judges’ legal fund

Just a reminder:

See here for the background. That link takes you here, and while the in-person fundraiser mentioned there is now over, the Donate link remains. But due to a change in state law, you only have until March 8 to make a contribution. That’s a new statutory deadline for all judicial fundraising – it used to be the case that judges who were involved in lawsuits could continue past that deadline, but the law was changed in the last session, so here we are. Please give a few bucks if you can and help them all out. Thanks!

You can help Democrats being sued by election losers

From the inbox, sent to me by former HD133 candidate Sandra Moore:

Below is a list of the judges and electeds being sued by the Republicans. These are nuisance suits but the Judges and Lina have had to hire attorneys to represent them against the claims. Marilyn and Tenesha have pro bono attorneys but the others are not allowed to be represented pro bono due to conflicts of interest. The judge hearing the case is in San Antonio which complicates matters re time to get there and back for hearings. The travel time alone for the attorneys will be in the thousands when ZOOM meetings are not allowed! The average attorney charges $500 per hour. The fee can’t be lowered due to “appearance of impropriety” issues. The judges listed as well as Lina have little in their campaign coffers. That’s how it is for the judges. One judge whose race is being challenged, David Fleisher, lives in 133. This is the state house district in which I ran back in 2018 and 2020.

I was on several endorsements interviews with some of these judges through a different organization. This is how I learned how little was in their campaign accounts. The Republicans picked the judges with some of the smallest accounts.

It is believed that the purpose of these suits is to drag out the cases, have judges dip into personal resources, and be exhausted financially and emotionally by the time of their next race.

The Harris County Democratic Party is NOT doing anything to assist the 22 electeds. If even one is bounced, Abbott could appoint a replacement for those in the criminal courts. Judges are being sued “in their individual capacity.” That is why each person named in a suit has to retain their own attorney.

CLUBS IN ACTION is trying to raise 95K to donate to them. The maximum that a judge can receive from a PAC is $5000, so that is the goal for each judge and for Lina. We all know that Lina received very little in campaign contributions, especially compared to Mealer.

During the election CIA knocked on 300,000 doors. WHD knocked on about 1500. We worked hard to make this happen. No one wants all this hard work to go to waste. So, if you are willing to make a donation to CIA that would be great.

I was invited to this meeting because of the effort to create and carry out block walking events.

If you decide to make a contribution a check can be sent to:

CLUBS IN ACTION
2504 Rusk St. #110
Houston, TX 77003.

CIA plans to hold a fundraiser, hopefully on Feb 19. But I will send out word when I learn more. There is a deadline of MARCH 8 to raise funds!!

[…]

1 Cause No. 2023-00964; Alexandra Mealer v. Lina Hidalgo. Alexander Mealer is represented by Elizabeth Alvarez. Judge Hidalgo is represented by Neal Manne.

2 Cause No. 2023-00925; Michelle Fraga v. Judge Christine Weems. Michelle Fraga is represented by Elizabeth Alvarez. Judge Weems is represented by John Raley.

3 Cause No. 2023-00924; Elizabeth Buss v. Judge David Fleischer. Elizabeth Buss is represented by Elizabeth Alvarez. Judge Fleischer is represented by John Raley.

4 Cause No. 2023-00841; Tami Pierce v. Judge DaSean Jones. Tami Pierce is representing herself with co-counsel, Paul Simpson. Judge Jones is represented by Oliver Brown.

5 Cause No. 2022-79328; Erin Lunceford v. Judge Tami Craft. Erin Lunceford is represented by Andy Taylor. Judge Craft is represented by Steve Kherker.

6 Cause No. 2023-00927; Bruce Bain v. Judge Corey Sepolio. Bruce Bain is represented by Elizabeth Alvarez. Judge Sepolio is represented by John Raley.

7 Cause No. 2023-00932; Chris Daniel v. Marilyn Burgess. Chris Daniel is represented by Elizabeth Alvarez. Clerk Burgess is represented by Neal Manne.

8 Cause No. 2023-00930; Mark Goldberg v. Judge Erika Ramirez. Mark Goldberg is represented by Elizabeth Alvarez. Judge Ramirez is represented by John Staley.

9 Cause No. 2023-00934; Brian Staley v. Judge Monica Singh. Brian Staley is represented by Elizabeth Alvarez. Judge Singh is represented by Anthony Drumheller.

10 Cause No. 2023-00936; Mark Montgomery v. Judge Kelley Andrews. Mark Montgomery is represented by Elizabeth Alvarez. Judge Andrews is represented by John Raley.

11 Cause No. 2023-00937; Matthew Dexter v. Judge Genesis Draper. Matthew Dexter is represented by Elizabeth Alvarez. Judge Draper is represented by John Raley.

12 Cause No. 2023-00952; Nile Copeland v. Judge Latosha Lewis Payne. Nile Copeland is represented by Elizabeth Alvarez. Judge Payne is represented by John Raley.

13 Cause No. 2023-00958; Rory Olsen v. Judge Jason Cox. Rory Olsen is represented by Jared Woodfill. Judge Cox is represented by Cris Feldman.

14 Cause No. 2023-00955; James Lombardino v. Judge Audrie Lawton-Evans. James Lombardino is represented by Jared Woodfill. Judge Lawton-Evans is represented by Anthony Drumheller.

15 Cause No. 2023-01202; Stan Stanart v. Clerk Teneshia Hudspeth. Stan Stanart is represented by Elizabeth Alvarez. Clerk Hudspeth is represented by Neal Manne.

16 Cause No. 2023-01066; Dan Simons v. Judge Sedrick Walker. Dan Simons is represented by Elizabeth Alvarez. Judge Walker is represented by John Raley.

17 Cause No. 2023-301111; Will Archer v. Judge James Horwitz. Will Archer is represented by Elizabeth Alvarez. Judge Horwitz is represented by John Raley.

18 Cause No. 2023-01103; Kyle Scott v. Carla Wyatt. Kyle Scott is represented by Elizabeth Alvarez. Ms. Wyatt is represented by Neal Manne.

19 Cause No. 2023-01076; Aaron Adams v. Judge LaShawn Williams. Aaron Adams is represented by Elizabeth Alvarez. Judge Williams is represented by Anthony Drumheller.

20 Cause No. 2023-01067; Dan Spjut v. Judge Juanita Jackson. Dan Spjut is represented by Elizabeth Alvarez. Judge Jackson is represented by John Raley.

21 Cause No. 2023-01052; Sartaj Bal v. Judge Toria Finch. Sartaj Bal is represented by Elizabeth Alvarez. Judge Finch is represented by Anthony Drumheller.

I will pass along information about the fundraiser when I have it. You can also contribute to any candidate you like directly – just google them or find their campaign Facebook page to get to a suitable Donate link for them. It’s deeply annoying that we have to do this – as a reminder, these cases are stinking piles of nothing and the losers pursuing them damn well know it – but it’s where we are. Let’s make it a little less hard for these Dems who clearly and correctly won their races.

What I want from the next HCDP Chair

As you know, the Harris County Democratic Party will soon have a new Chair. And as you know, I am a Democratic precinct chair, which means I’m one of the several hundred people that will vote on who that is. So as a public service to you, and as my way of telling the candidates what will influence my vote, these are my priorities for the next HCDP Chair.

1. Start with a goal of 1 million Democratic votes for Joe Biden in 2024, and really aim for 1.1 million. Hillary got 700K votes in 2016. Beto got 800K in 2018. Biden (and Ed Gonzalez) got 900K in 2020. There’s already more than 2.5 million registered voters in Harris County, up about 100K from November 2020, and I expect there to be over 2.6 million by next November. Sixty-five percent turnout (we were at over 68% in 2020) gets 1.7 million voters total (up less than 50K from 2020), and hitting one million Dems would mean taking almost 59% of the vote for Biden, which so far is the only real reach here as he was at 56% in 2020. Beto got to 58% in 2018.

What I’m really aiming for is a net of at least 300K for Biden in Harris County; he was at plus 218K in 2020, after Beto was at plus 200K in 2018. If we want to talk about making Texas competitive for Biden, and whoever our 2024 Senate nominee may be, that’s the kind of Dem advantage in Harris County we’re going to need, at a minimum. That’s the kind of vision I want from the next Chair, and I want there to be a plan to go along with it.

2. Improve performance in base Democratic areas. Harris County went from being evenly matched in 2012 to the strong blue county it is now in large part because Dems have vastly increased performance in formerly dark red places. I’ve said this before, but Mitt Romney won 11 State Rep districts in 2012, and he won them all with over 60% of the vote. In 2020, Donald Trump only won two State Rep district with 60% or more, HDs 128 and 130, and he won nine overall with HDs 134 and 135 being won by Dems.

But Democrats didn’t do as well in a number of dark blue districts in 2020 as they had in 2016 and 2018, and as we saw in 2022 it was in those districts where Beto fell short, often well short, of his 2018 performance. We need to turn that around. Part of this is that we have a vibrant Democratic club structure in place, with a lot of that participation coming in the formerly red areas. There’s a lack of clubs, and thus neighborhood-based outreach, in a lot of traditional Democratic areas. It’s also a dirty secret that some Democratic elected officials in those areas do very little to help with GOTV efforts. Achieving the goal set in item #1 will require an all-hands-on-deck mobilization. I want to know what the next Chair intends to do about that.

3. Find ways to partner with Democratic parties in neighboring counties. I know the job title is “Harris County Dem Party Chair”, but we abut a lot of other counties, and in quite a few places the development just sprawls over the border, making the distinction between the two of lesser value. There are also a lot of offices that include parts of Harris and parts of one or more neighbors: CDs 02 and 22, SBOE6, SDs 07 and 17, and all of the Firth and 14th Courts of Appeal benches, of which there will be ten Democratic incumbents on the ballot next year. We should find ways to collaborate and cooperate to help our candidates in these races.

In counties like Brazoria and Montgomery, population growth near the Harris County border has led to some burgeoning Democratic turf, mostly around Pearland for the former and around the Woodlands for the latter. I also believe that Conroe is starting to become like Sugar Land, a small but growing urban center of its own that we ought to see as such, and seek to build alliances there. In Galveston and to a lesser extent Waller, the growth has been in redder areas, and we need to find the allies there who likely feel isolated and help them connect with and amplify each other. In Chambers and Liberty, anything we can do to help slow down the small but steady Republican advantage will help.

My point is that 10-20 years ago, as Democrats were starting to assert power in Harris County, it was still quite common for Dems in the then-dark red areas to believe they were the only ones like themselves there. A big part of what the county’s organizing, and the growth of the local clubs, has done is to dispel that notion and allow people the chance to enhance their communities. Anything we can do – in a collaborative, “how can we help?” manner that respects the people who have been doing their own work there for a long time – to help with that will help us all.

4. Threat management. I’m being deliberately provocative here because I think this is urgent and I want people to see the dangers. We know there’s a lot of disinformation and propaganda aimed at non-English speaking communities – we’ve seen the websites and Facebook posts, and we’ve seen the mailers and heard the radio ads. We know that “poll watchers” with malign intent are out there. We’ve just had multiple winning candidates get sued by their losing opponents, and many of them were left scrambling to pay for lawyers to defend themselves in court. We’ve faced previous legal challenges over voting locations and voting hours and mail ballots and on and on. For the latter at least, we’ve had a strong response from the County Attorney, but we can’t assume that will always be the case. We need to be aware of past and current threats to our elections and candidates, we need to be on the lookout for emerging threats, and we need to have a plan and dedicated staff and resources to respond to them.

This is where my thinking is. I don’t expect the candidates for HCDP Chair to have fully formed answers to these problems, but I do hope they agree that these are urgent matters and deserve attention. They may have other priorities and I’m open to that, I just want to be heard. So far the two candidates that I know of – Silvia Mintz and Mike Doyle – are the only two that have come forward. I’ll let you know if I hear anything more on that, and you let me know what you think.

HCDP Chair Odus Evbagharu to step down

This was expected.

Odus Evbagharu

The chairman of the Harris County Democratic Party on Wednesday announced that he would step down at the end of February.

Odus Evbagharu has led the party since 2021. The 30-year-old native of Katy is the youngest person and the first African American to serve as the party chairperson, according to a news release.

“I treasure the work we were able to accomplish during the last two years,” Evbagharu said in the release.

During Evbagharu’s tenure, the party raised more than $2.1 million and created programs dedicated to voter outreach and volunteer recruitment, according to the release.

I had heard chatter about this for a couple of months. At the last CEC meeting, he made oblique reference to stepping down as the meeting was coming to an end. So as I said, this was expected.

I think Odus did a good job as HCDP Chair. We made it through the 2022 election, the first post-Trump off-year election, with Democrats still in charge in Harris County. The party overall is in decent shape, and better organized than it had been in the past. I also think the next Chair will have some work to do to improve performance and get ready for the 2024 election. I have some specific thoughts on that, which I will share in a future post. As a precinct chair, I’ll get to participate in the process to pick the next Chair, who will then need to stand for election in the 2024 primary. Odus will serve through the end of this month, and the next CEC meeting on March 19 will be when his successor is named. I’ll post updates and candidate names as I get them.

UPDATE: As soon as I had hit Save on this draft, I see via Stace that attorney and former HD132 candidate Silvia Mintz has announced her candidacy. I look forward to speaking with her about this.

UPDATE: I have since received an email from Mike Doyle, the current president of the Harris County Democratic Lawyers Association, announcing his candidacy as well.

SCOTx allows provisional votes to be counted

Good.

The Texas Supreme Court ruled Tuesday that Harris County can include about 2,100 ballots cast during an extra hour of Election Day voting when officials certify the midterm results. But the state’s highest civil court also ordered Harris County to determine whether those late-cast ballots would affect the outcome of any races — and kept alive Attorney General Ken Paxton’s challenge to counting them.

It’s a win, at least temporarily, for Harris County officials in a fight against Paxton’s attempt to discard thousands of midterm ballots as election results are set to be certified Tuesday.

In an interview Tuesday, Harris County Attorney Christian D. Menefee said that about 2,100 provisional ballots cast after 7 p.m. Election Day should be counted. Those ballots were cast after a district court judge ordered Harris County polling places to remain open an extra hour because many locations had opened late that morning.

“The votes that were cast during that time period pursuant to a court order are still perfectly legal. And there’s nothing in the law that prohibits them from being counted,” Menefee said. “So our perspective is that those provisional ballots are no different than any other provisional ballots — they are to be counted.”

Harris County officials argued as much in a filing to the Texas Supreme Court on Tuesday. That came one day after Paxton petitioned the Supreme Court to toss the late-cast ballots.

[…]

In at least one race, the provisional ballots could impact the outcome. After provisional and mail-in ballots were counted, the incumbent for Harris County’s 180th Criminal State District Court, DaSean Jones, went from trailing Republican Tami Pierce to leading by less than 500 votes, the Houston Chronicle reported.

See here for the background and here for the court’s order. It’s just one page long, and the gist of it is this:

In this mandamus proceeding, which challenges Harris County election officials’ processing of the “later cast votes,” we grant the following temporary relief under Rule of Appellate Procedure 52.10(b):

  • Respondents are directed to conduct the canvass of the November 2022 election as required by the Election Code.
  • As part of the canvass, respondents are ordered to separately identify in the vote tabulations the number of “later cast votes” for each candidate in each race and for or against each proposition, so that candidates, the parties, and this Court may ascertain whether the “later cast votes” would be outcome-determinative and so that the parties can assess the extent to which further litigation is warranted.
  • Respondents are ordered to provide the Court with a copy of the canvass results, including the separately tabulated “later cast votes,” as soon as they are available.

The petition for writ of mandamus remains pending before this Court.

I presume that last line is there in the event the provisional ballots have an effect on the 180th Criminal District Court race, in which event (again, I presume) the merits of the arguments will have to be addressed. Lawyers, please feel free to correct me as needed. The only other race that is close enough to be even theoretically affected by the provisional ballots is the County Criminal Court #3 race, where Porsha Brown trails by the even smaller margin of 267 votes. However, given that the provisional votes cast on Election Day favored Democrats, it’s even less likely for that race to be affected, and it would be impossible for both of them to be in a position to change.

I maintain as I said yesterday that it is highly unlikely that the 180th Court will be affected. If you throw out all of the Election Day provisional ballots, DaSean Jones still leads by 89 votes. There are apparently 2,100 provisional Election Day ballots in question, out of 2,555 total E-Day provisionals and 2,420 that included a vote in this race. The odds that Jones could lose the entire 360 vote net he got from the E-Day provisionals plus another 90 votes in this subset of the total ballots just strike me as extremely remote. I wish the stories that have been published about this would go into more detail about this as I have done – yes, I know, math is hard, but you could at least use “highly unlikely” language to offer some context. By the time this runs in the morning we’ll know what the official canvass says, and from there we’ll see if an election challenge will follow.

The Chron story, from a bit later in the day, has more details.

While the provisional ballots are included in the official count certified by Commissioners Court, the Supreme Court also is ordering the county to include in the final canvassed results a separate report that details the votes of the “later cast votes for each candidate in each race.” That way, candidates can determine whether this group of ballots would change the outcome of their race and “assess the extent to which further litigation is warranted.”

Given that Harris County voters cast more than 1.1 million ballots overall, the 2,000 provisional ballots have little chance of changing most election outcomes. However, a handful of candidates in tight races may consider legal challenges over election results.

“At this point, we do not anticipate that it impacts the outcome of any races,” Harris County First Assistant County Attorney Jonathan Fombonne said. “Of course the [Texas Supreme Court] proceedings remain pending and the court could rule on something. And of course there can always be election contests. Many of those races were close, and it wouldn’t surprise us to see candidates filing election contests.”

[…]

On Election Night, the Texas Organizing Project, Texas Civil Rights Project and ACLU of Texas obtained a court order from a judge requiring all Harris County polling locations to extend voting hours until 8 p.m. after the groups argued in a lawsuit that late openings at some polling locations prevented some residents from voting.

Voters who were in line by 7 p.m. were able to vote normally, while those who arrived between 7 and 8 p.m. were allowed to cast provisional ballots.

That evening, in quick succession, Paxton’s office filed its writ of mandamus asking the Texas Supreme Court to vacate or reverse the court order, and the Supreme Court responded by staying that order, saying votes cast after 7 p.m. “should be segregated,” without specifying whether they must be excluded from the final count.

Because the proceedings are still ongoing, it is too soon to know whether the ability to extend voting hours in the future could be impacted.

“The court hasn’t specified whether or not that’s legal,” Fombonne said. “The proceedings are pending. There may be an opinion in the future that addresses that question.”

Hani Mirza, legal director of the Texas Civil Rights Project’s voting rights program, was part of the team that sought the court order extending voting hours this year. The group also filed a lawsuit in 2018 obtaining a similar court order in Harris County. Mirza said in the case four years ago, Paxton’s office did not ask the Texas Supreme Court to intervene.

Nor did Paxton’s office intervene this year when voting hours were also extended by one hour in Bell County because of early morning glitches with check-in systems. The Bell County attorney confirmed last week that a court order there had not been challenged by the Attorney General’s Office or another party.

“It doesn’t make any sense outside of, obviously, cynical partisanship and these targeted actions against Harris County, the most diverse county in the state” Mirza said.

That sort of addresses my question above about the last line in the SCOTx order. We’ll just have to keep an eye on that. The election has been certified by Commissioners Court, which if nothing else avoids the drama of any further delays. As to who might file a contest, again we’ll have to see. Seems like a lot of fuss for something that is unlikely to go anywhere, but who knows.

Paxton sues to prevent some provisional votes from being counted

On brand. Always, always on brand.

Best mugshot ever

The Texas Attorney General’s office is attempting a last-minute intervention to toss out 2,000 provisional ballots before a Harris County Commissioners Court meeting Tuesday to certify the November election.

The ballots in question were cast during a one-hour period on Nov. 8.

“Although the ballots were processed, Harris County now intends to include them in the final vote canvass,” Christopher Hilton, chief of the Attorney General’s office general litigation division said Monday. “We have never agreed that these ballots can be part of the final election results, and this afternoon we’re going to ask that the Texas Supreme Court rule that these late-cast votes should be excluded as Texas law requires.”

The petition was filed Monday afternoon. Hilton declined to comment on why the office did not ask for the ruling sooner.

“A court of law ordered Harris County to keep the polls to open for an additional hour on Election Day and people across our county cast their ballots during that time,” Harris County Attorney Christian Menefee said in a statement. “My office is going to do everything we can to protect every single vote that was cast. Republican, Democrat, or Independent — no eligible voter should have their ballot thrown out because the Attorney General can’t accept the results of Harris County elections.”

[…]

According to emails shared with Chronicle, parties including the Texas Attorney General’s office, Harris County Attorney’s office, Texas Civil Rights Project, Harris County Republican Party and Harris County Democratic Party all signed off an agreement on Nov. 11 for processing the provisional ballots.

First Assistant County Attorney Jonathan Fombonne wrote the Harris County Attorney’s office was approving the agreement “based on the understanding that the Texas Supreme Court’s order does not prohibit the tabulating of those votes as long as the ballots themselves remain segregated.”

Kimberly Gdula, deputy chief of the Attorney General’s office general litigation division, signed off on the agreement in an email: “The State is good with this.”

However, Sunday evening, two days before the commissioner’s court meeting to certify the election results, Hilton, the chief of the Attorney General’s office general litigation division, sent an email to the parties questioning the legal basis for including the provisional ballots cast after 7 p,m. in the final count and seeking clarification “so that the parties can pursue any legal remedies, if necessary.”

In a statement Monday, Harris County Attorney’s office spokesperson Roxanne Werner said: “Representatives from the Attorney General’s office and the Harris County Republican Party asked for the language describing that process to be removed from the agreed order, leaving Harris County to process and count the late ballots as they would other provisional ballots while ensuring they were kept segregated. All parties were put on notice that the votes would be counted.”

“This 11th-hour ask to throw those votes away should not be tolerated, especially considering the State rejected the County’s offer to hold off on counting these votes while it sought clarification from the Supreme Court,” Werner added.

See here and here for some background about the litigation that allowed polling locations to remain open until 8 PM. As the story notes, Bell County had similar issues with some polling locations and also got a court order allowing locations to remain open until 8 PM, which the AG’s office has not opposed. The main takeaway here is that not only can you not trust anything Paxton says, you also can’t trust anything his office says, even if they sign their names to it. No wonder he’s having a hard time retaining staff.

As a reminder, and as you can see from the report released by the Elections Office on the 18th, DaSean Jones netted 360 votes from the provisional ballots cast on Election Day. However, he is leading by 449 votes, so if you threw out all of the E-Day provisionals, he would still be ahead by 89 votes in his race. He had already overcome the 165-vote deficit he had in earlier reports thanks to the counting of cured mail ballots, which had gained him 259 votes.

It’s actually not clear from the story how many ballots we’re talking about. The story refers to “2,000 provisional ballots”. I can’t tell if this is just using a round number because exact figures are confusing or if this is the exact figure. There were 2,555 provisional ballots cast on Election Day, of which 2,420 included a vote in the DaSean Jones – Tami Pierce race. I guess it’s theoretically possible that of the provisional E-Day ballots that were specifically cast by people who got in line after 7 PM (because if you were already in line you were always allowed to vote), Jones had a net advantage of at least 450 over Pierce. To say the least, that would be an extraordinary circumstance. (*)

I point this out to say that barring something truly weird, Paxton’s bad faith filing will not – can not – have any effect on any race. That doesn’t change the fact that his filing is trash and should be rejected by SCOTx on the grounds that these people deserve to have their votes counted. The remedy for having to vote late because of voting location problems is to extend voting hours to accommodate those that were affected. Just like what happened in Bell County (won by Greg Abbott 59.04% to 39.52%, in case you were curious), which the AG has accepted as fact. I for one don’t see any difference between the two.

(*) I did search on the Supreme Court webpage for Paxton’s mandamus filing, which might have been more specific and thus answered my questions. Looking on the Electronic Filings search, I think this case is number 22-1044. However, the hyperlink for that case didn’t work when I tried it, and searching for the case via that number returned no results. If you can do better than I did, or if the webpage eventually fixes itself, let me know.

UPDATE: The Trib story also references “2,000 ballots”, which does not help clear up my confusion. They also refer to the overall total of about 4,000 provisional ballots – the actual overall total is 4,333, of which 1,778 were cast early and are clearly not at issue. So, until I hear otherwise, it is my contention that these provisional ballots are not enough to alter any race’s result, and also that this doesn’t matter because all of the ballots should be counted. We’ll see what the Court says.

Where are we voting in the primary runoffs?

Still TBD.

Harris County Democrats on Thursday accused their Republican counterparts of excluding predominantly Black and Latino areas from a “disturbingly racist” map of proposed voting locations for the May 24 primary runoff, days after alleging the county GOP was purposely dragging its feet in submitting the map.

Republicans rejected the allegations, blaming the delay on a dispute with the county elections administrator over the number of polling places planned for the runoff. They contend the county has breached an agreement with the party in offering a total of 260 runoff polling locations, instead of the 375 used during the first round of voting on March 1.

The delay in approving the map threatens to trigger a cascade of problems, officials warn, in a county already known for its election mishaps.

Under Texas election law, both parties must approve the layout of voting locations in counties, such as Harris, that allow residents to visit any polling place, not just their assigned precinct. Typically a procedural hurdle that is resolved with little fanfare, the two parties have been hung up on this step for weeks, leaving the elections administrator’s office with a shortened timeline to recruit and train workers and set up voting equipment.

Harris County Democrats have accused their GOP counterparts of “willfully delaying the planning process in order to create turmoil that will further erode confidence in our democratic elections.”

Republicans say those allegations are false, noting that a party official emailed the county on March 31 — a week after the elections office sent the GOP a proposed list of locations — to inquire about the smaller number of voting locations.

In a letter to the Harris County Attorney’s Office last week, Steven Mitby, an attorney representing the county GOP, wrote that operating fewer polling places “will have the effect of disenfranchising voters and making the voting experience more difficult.” He argued the county is legally bound, under a contract with the party, to operate the same number of runoff voting locations that it had during the March 1 primary.

The elections administrator’s office, meanwhile, has said the 260 polling places would be more than double the 109 operated by the county during the 2020 primary runoff election, the first runoff under the countywide voting system that allows people to vote outside their home precincts. In the 2016 and 2018 runoffs, the county provided 78 and 89 voting locations, respectively, according to the elections administrator’s office.

[…]

The GOP proposal, [the HCDP] said, does not contain any polling places in an area enclosed by Texas 288, Interstate 45 and Loop 610, which includes Third Ward, Riverside Terrace, Texas Southern University and the University of Houston. The map also does not include voting locations in Sunnyside or near Hobby Airport.

Other areas that would go without polling places under the GOP map include Trinity Gardens and swaths of east and northeast Houston that, like the other areas, are predominantly made up of Black and Latino residents.

“The Harris County GOP’s proposed list of polling locations, if adopted as presented, would be a violation of the Federal Voting Rights Act,” Rob Icsezen, deputy chair of the Harris County Democratic Party Primary Elections Committee, said in a statement. “This list of locations is a bad faith first step from Republicans in a process that should have started weeks ago.”

The HCDP press release about this, which includes images of the proposed locations by each part, is here. You can judge for yourself. I’m a partisan Democrat, so I’m not going to try to convince you that I’m impartial about this. I will say, turnout in primary runoffs is almost always much lower than in the primaries (the 2012 Republican runoff for US Senate is the main exception to this), and in the pre-voting centers days it was quite common for multiple precinct locations to be combined, making the total number of locations smaller. It seems to me that maybe we’d all benefit from there being a more objective set of criteria for this, with a default option for the counties’ elections offices in the event that one party or the other fails to meet a deadline. Something to incentivize agreements in a timely fashion, with protection for the out party from being pushed around by the party in charge. I confess that I don’t know a whole lot about this aspect of the process, so maybe we already have that and this is mostly chest-thumping. I’d just like this to be settled in a sensible and equitable manner so we can get the rest of the details worked out.

Chron story on Odus Evbagharu

Some good stuff here.

Odus Evbagharu

When Odus Evbagharu, a 28-year-old legislative staffer and campaign organizer, took the reins of the Harris County Democratic Party Sunday evening, he inherited a party that stands on some of its firmest footing in years, despite several defeats in 2020 that disappointed local Democrats.

Evbagharu succeeds former chair Lillie Schechter, who won the position in March 2017, months after Democrats had swept every countywide race and delivered Harris County to Hillary Clinton by 12 points. It was a massive swing from the 2014 midterms, when it was Republicans who swept the countywide slate, but also one that leaned heavily on deep-pocketed political donors and grass-roots activity by groups such as the Texas Organizing Project, amid lackluster fundraising from the party itself.

Now, Evbagharu is taking over a party that has taken in more than $2.2 million since the start of 2018 — double the amount raised during the last comparable three-year period from 2014 to 2016 — and overseen countywide sweeps in 2018 and 2020, too. Democrats also gained control of Harris County Commissioners Court under Schechter.

“We have a robust thing going down here,” Evbagharu said Monday. “Lillie did a good job of building a great foundation. Now it’s our job to build on top of it.”

Harris County Democrats, however, still are smarting from a number of 2020 losses in local elections they had cast as battleground races, including several contests for the Legislature and Congress, along with an open commissioners court seat race. Evbagharu attributed the Democrats’ underperformance in part to their reluctance to campaign in person during the coronavirus pandemic.

“I think what went awry was, we didn’t block walk,” Evbagharu said. “And I don’t want to oversimplify it, I don’t want to say there weren’t other factors. We’ve got to do better with our messaging, and our data’s got to be better as a party. I’m not afraid to say that out loud — polling accuracy, targeting, who we talk to and not just making assumptions.”

We talked about some of this stuff (and some of the stuff later in the story that I’ll get to in a minute) when I interviewed Odus a couple of weeks ago. I trust him to have a clear view of the data and to have a plan to shore up weaknesses and build on strengths. To whatever extent that the lack of Democratic blockwalking hurt last year – everyone agrees it did, it’s putting a number on it that’s hard – that will not be an issue in 2022. There will be new challenges, and who knows what the Trump Factor will be, and we will just have to try to figure them out and make a plan.

Evbagharu said the party’s strong position, relative to the one inherited by Schechter, means he can be more proactive in sharing resources and information with local Democratic parties in surrounding counties, some of which have made electoral gains in recent elections. He said he also hopes to attract a state or national Democratic Party convention to Harris County, a goal that could become easier if more of the Houston region becomes bluer.

“It’s great that Harris County’s always at the forefront, but we need Montgomery County, we need to at least cut margins there,” Evbagharu said. “We need Galveston County, we need Brazoria, we need Waller, we need Fort Bend, which is turning blue if not already blue. We need southeast Texas to be strong.”

Evbagharu said he also wants the party to be more aggressive in lobbying elected officials — including Democrats — on policy and issues, a role that traditionally has been left to activists and advocacy groups instead of the formal party apparatus. During the most recent legislative session, lawmakers passed “the greatest hits of the red meat Tea Party Republican whatever,” he said, arguing that the local Democratic Party has a stronger role to play.

“We have to make it a habit to engage our electeds in D.C., in Austin, here in Houston at county Commissioners Court, City Hall and school boards,” Evbagharu said. “…We have to do a better job of getting in there and fighting.”

Renée Cross, senior director of the Hobby School of Public Affairs at the University of Houston, said she was not aware of the Harris County Democratic Party ever making a concerted effort to share resources with other local parties. And the last time the party took a more aggressive on policy came under Sue Schechter, Lillie Schechter’s mother, who chaired the party in the late 1990s and early 2000s. Until now, Democrats were not in much of a position to do that, Cross said.

“If you’re the party that’s trying to gain power, all your emphasis is on getting those folks elected,” Cross said. “You just don’t have the luxury of lobbying, necessarily, if your party’s out of power.”

Still, county Democrats’ hold on power is far from ironclad as the 2022 elections approach, Cross said. For one, they will have mobilize enthusiasm without former president Donald Trump in office, and Democrats’ lineup of statewide candidates remains uncertain.

“There’s a big target sitting in the White House now, which we haven’t had in four years. Republicans are certainly going to go after Preisident Biden and VP Harris, so Odus is going to have to combat that continually,” Cross said. “…And there’s no doubt that part of the success in Harris County in 2018 was part of Beto (O’Rourke) being at the top of the ticket. It was the star power of Beto that really helped turn out the vote. And I think without that, Democrats have a really tough road ahead.”

We talked about some of this stuff too. I have been an advocate for better regional coordination – it’s not just in our interest from a statewide perspective, we will also have various offices (Congress, SBOE, State Senate, appellate courts) that cross county lines and need a bigger-than-Harris response. There may be a risk of overextending ourselves, but I can’t see any good reason to not at least be talking to our neighbors.

I respectfully disagree with Professor Cross – Beto surely gets some credit for 2018, but you know who was coordinating the HCDP combined campaign that year? Odus Evbagharu, that’s who. Look, Dems have proven their ability to win in high-turnout Presidential years since 2008. We won in a high-turnout off year in 2018, and I concede that until we win again in an off year there’s room to be skeptical. I would just point out a couple of things in rebuttal. One is that Dems have built a big edge in voter registration over the years, and we’re still very good at doing that work. Two, the shift in the Trump years of college-educated Anglo voters into the Democratic column has been profound – here again I will say that Mitt Romney got 60% of the vote in HD134 in 2012, while Joe Biden got and equivalent amount in 2020. National data shows no sign of this reversing or even slowing down, and what’s more these are very reliable voters. When I say that the climate is very different now, these things are a part of that.

We don’t know what the national climate will be like, and we don’t know what Joe Biden’s approval numbers will be. If they’re in the tank, then hell yeah we have problems. Dems either have to ensure that they don’t have a turnout problem in 2022, or they have to show they can still win in Harris County in a lower turnout environment. Bear in mind, there are risks for the Republicans too. They own any future blackouts due to weather, that’s for sure. Donald Trump is not going to sit by quietly, Ken Paxton could get arrested by the FBI, the reconstituted January 6 commission will be producing reports into next year – there’s lots of things that can go wrong for the GOP as well. I am pretty reasonably optimistic about 2022, at least from a Harris County perspective. Ask me again in a year and we’ll see if that has held up.

Odus Evbagharu elected HCDP Chair

From the inbox:

Odus Evbagharu

The Harris County Democratic Party announced tonight that Odus Evbagnaru (Eh-va-GHA-ro) was elected party chair and will fulfill the unexpired term of Lillie Schechter, who stepped down June 16 after four years of service.

Evbagharu, who is currently serving as a Texas House of Representatives Chief of Staff, was sworn in by Texas Democratic Party Chair Gilberto Hinojosa. Evbagharu will serve as party chair through Spring 2022. He is the youngest person and the first African American to hold the position of HCDP Chair. In 2018, Evbagharu served as the Communications Director and Candidate Coordinator for the party.

“I am humbled and overwhelmed. Precinct Chairs are an integral part of the political process and I look forward to working with those who supported me and earning the trust of those who didn’t,” Evabagharu said. “Our party is continuing a trend of electing young progressives to lead in Houston and Harris County. Changes are coming, but the goal is the same — we’ll be working hard to elect Democrats to impact communities and fight for Texans,” Evbagharu said.

“As our newly elected party chair, Odus has what it takes to make sure the party continues to grow and be the best Democratic party we can be in the Deep Blue Heart of Texas—I wish him much success during his term,” Schechter said.

The next HCDP Party Chair election will be held 20 days following the Summer 2022 Democratic primary runoff. This evening’s vote used a ranked-choice system and was administered in accordance with the Texas Democratic Party (TDP) rules and monitored by HCDP, TDP and candidates’ campaign representatives. The results will be audited by both TDP and the candidates’ representatives to verify the outcome.

Here’s my interview with Odus in case you missed it, and here’s the statement he put out on Twitter following his election. All two hours plus of the meeting can be viewed on YouTube if you’re interested. We may have been using ranked choice voting, but I doubt anyone realized it at the time (I did not) as there were only two candidates – Ted Weisgal had some passionate supporters who spoke on his behalf, but in the end Odus won handily. We have not used RDV in HCDP elections in the past, and I will say I’m glad we didn’t use it for the first time on a Zoom call. I’d much rather the first time be at an in person meeting, where anyone who may be confused by it can more easily find someone to help them.

None of that is important right now. Odus Evbagharu won easily, and generated a lot of enthusiasm among the precinct chairs. He also handled his first contretemps as Chair with aplomb, and it happened with one of the first orders of business, a resolution to censure Rep. Harold Dutton for his crappy actions during this past session. That got bogged down a bit in semantics, as “censure” has a specific meaning in the Legislature; ultimately, this was more of an expression of disapproval and a nudge to the TDP to do something similar, and it passed with 74% of the vote despite some sharp disagreement from Dutton’s supporters. It wouldn’t be a CEC meeting if there weren’t some drama. Congratulations to HCDP Chair Odus Evbagharu, many thanks to outgoing Chair and soon to be precinct chair Lillie Schechter, and thanks to Ted Weisgal for his spirited campaign. Onward to 2022.

Interview with Odus Evbagharu

Odus Evbagharu

As you know, the Harris County Democratic Party will be electing a new Chair following the resignation of Lillie Schecter, who has served (quite ably) as Chair since 2017. I am on the record supporting Odus Evbagharu as the next Chair, and to that end I am bringing you this interview I did with him, to discuss his view of the HCDP and where he plans to take it from here. Odus is a native of London and the son of Nigerian immigrants, who has lived in the Cypress area since he was ten. He’s a graduate of UH, he has served as Communications Director for the HCDP on the 2018 Coordinated Campaign, and he is currently the Chief of Staff to State Rep. Jon Rosenthal. Here’s what we talked about:

The CEC meeting at which the next Chair will be elected is June 27. The only other known candidate at this time is Ted Weisgal; there was a third person who had initially expressed interest but he has since withdrawn from consideration. Candidates must be nominated by a precinct chair to be in the race, so the possibility exists that one or more new entrants will appear on that date.

Dallas County Democrats have a new Chair, too

Congratulations and best of luck to Kristy Noble, the new Chair of the Dallas County Democratic Party.

Dallas businesswoman Kristy Noble was sworn in Thursday morning as the new chairwoman of the Dallas County Democratic Party.

Noble, 50, emerged victorious after hours of voting in a five-person race to replace Carol Donovan, who announced in May that she was resigning after six years as chairwoman of the party.

She promised to bolster her party’s machinery and help Texas Democrats win statewide races, something the state party hasn’t done since 1994. But Dallas County Democrats have dominated local politics, though Noble says there are still opportunities for improvement.

“There is still room to increase the Democratic turnout in Dallas County, specifically in some of the gerrymandered safe districts,” Noble told The News on Thursday. “We have room to get more Democrats out to vote in areas that are primarily Democrat voting. We just have to have more focus on those areas, and there are still legislative seats that are not blue in Dallas County”.

During Donovan’s term Democrats wiped out all but two Republican statehouse members with districts entirely in Dallas County — University Park’s Morgan Meyer and Garland’s Angie Chen Button. Both Republican lawmakers will be targets for Democrats in 2022.

And Noble said Dallas County could play a pivotal role in flipping Texas from red to blue.

“If we’re going to really push to turn Texas blue, which is ultimate goal, we need every representative out of Dallas County to be a Democrat.”

Noble is co-founder of the Funky East Dallas Democrats, one of the most active political clubs in Dallas County. She beat several candidates in an in-person/virtual election to win the seat. Now she’ll complete Donovan’s unexpired term.

As we know, Harris County will be selecting a new Democratic Party Chair as well – our meeting to do so is scheduled for June 27. I’m supporting Odus Evbagharu for that position. He’s the current Chief of Staff for State Rep. Jon Rosenthal and a former HCDP staffer, leading the 2018 coordinated campaign as Communications Director. Dallas and Harris are in similar places as mostly Democratic counties – we’ve both done a tremendous job increasing Democratic turnout and getting a lot of people elected, but there are still worlds to conquer, and we’re going to need to do more of the same to really put the state in play. I think a key role that the big urban counties can play is in working with their close neighbors to build infrastructure there as well, both to help further the blue evolution of similar places and to stem the losses in the places where Republicans are ascendant. Both Harris and Dallas can do better increasing turnout in their own base areas – I’ve said many times that what has transformed Harris was the huge growth in Democratic voting in formerly deep red areas, and that is largely true for Dallas, but more of an effort needs to be put into maximizing the engagement in our traditional homes as well. I get the sense that the people who need to understand this do so, and I’m optimistic for the future. Welcome aboard, Kristy Noble.

HCDP Chair Lillie Schechter to step down

From the inbox:

Lillie Schechter

The Harris County Democratic Party today announced that Lillie Schechter will be stepping down as HCDP Party Chair on June 16, 2021. Schechter was elected in 2017 and is leaving her position after four years of service.

“When I first decided to run for Harris County Democratic Party Chair, one of my goals was to lead the party through one midterm and one presidential election and now here we are,” Schechter said. “Over the last four years we’ve really revitalized the party and I will always be proud of the work we’ve accomplished, but now it is time to let someone else lead us to our next victory!’

In 2018, under Schechter’s leadership, the Harris County Democratic Party swept the county winning every down-ballot race, flipping the 1st and 14th Court of Appeals, and electing Judge Lina Hidalgo and Commissioner Adrian Garcia — taking control of the Harris County Commissioners Court. In 2020, amidst an unprecedented pandemic, HCDP strengthened its stronghold on Harris County by electing Democrats in every position on the ballot and took back the White House. In addition, over the past four years, HCDP has raised almost $5 million to support the party staff and Democratic elected officials and candidates. HCDP has also hosted high-profile events headlined by DNC Chair Jaime Harrison, former Chair Tom Perez, Speaker Nancy Pelosi, Secretary Hillary Clinton, and several other leaders of the Democratic Party.

“Lillie has led HCDP with dedication and passion. We are grateful for her outstanding work and significant contributions,” said Delilah Agho-Otoghile, Interim HCDP Executive Director. “Although we are sad to see her leave, we know that Lillie will always be a part of our team and will continue to play a significant part in our Democratic party.”

“Regardless of my position or title, I will always wholeheartedly support the Harris County Democratic Party. I look forward to helping onboard the next party chair and to doing everything I can to make sure the party continues to grow and be the best Democratic Party we can be in the Deep Blue Heart of Texas,” Schechter said.

Schechter’s resignation will take effect prior to the expiration of her term. Therefore, precinct chairs will elect the next party chair to fulfill the term. The election will be held via Zoom on June 27, 2021, to determine her successor.

Speaking as a precinct chair, and as someone who knew her well before she became HCDP Chair, I’m sad to see Lillie step down. She did a tremendous job, and she leaves the party in strong shape. She also runs a tight CEC meeting, which is no mean feat. This is a volunteer gig, and it is quite time consuming, so no one stays at it for very long. I appreciate all that Lillie did, I thank her for her service, and I look forward to helping to pick her successor. As was the case in 2017, once we know who the hopefuls are I’ll see about doing a Q&A with them. In the meantime, if you have any useful rumors or speculation about who might want the job next, let me know.

What is the direction of voting by mail?

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

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

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

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

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

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

[…]

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

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

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

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

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

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

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

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

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

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

Of course Republicans have benefited from voting by mail

Obviously. And yes, even in recent elections.

The coronavirus pandemic is expected to drive millions of Americans to vote by mail this year, a shift that data suggest is underway even in Texas, where only some voters are allowed to cast mail ballots.

Texas’ Republican leaders this year have fought efforts to expand mail balloting or have questioned its integrity, with some echoing President Donald Trump’s baseless claims that mail ballots are a source of rampant fraud.

And yet, historically, mail ballots in Harris County clearly have favored Republicans, a Houston Chronicle analysis of election data shows.

Though the GOP presidential candidate narrowly lost Harris County in 2008 and 2012, for example, the Republican ticket won three quarters of the 300 voting precincts in which the most mail ballots were cast in both elections.

That trend held even in 2016, when Trump lost the county badly but still won two-thirds of the 100 voting precincts in which the most mail ballots were cast.

What most drives the partisan skew in mail ballots, University of Houston political scientist Jeronimo Cortina said, is Texas’ status as one of the few states to require voters younger than 65 to have an excuse to cast a ballot by mail.

“The constituency of the Republican Party tends to be older,” he said. “I wouldn’t say that Republicans are more likely to vote by mail just because they’re Republicans, but maybe because being Republican is correlated with other demographics that make you more likely to vote by mail, in comparison to Democrats.”

(This story was from the first week of early voting. It’s been sitting in my drafts because there’s been such a crazy amount of news, and you know how it goes. I’m trying to publish all of these election-related drafts I have before Tuesday. You’ve been warned.)

I have no idea why the Chron went with this clunky “on a precinct basis” analysis. I guarantee you, when the next Democrat wins a statewide race, the Republican will have won far more counties than the Democrat. Those counties will almost all be far smaller than the Dem-won counties, and so on balance the Dem will win more votes. Why make this more complicated than it needs to be?

I mean, in the 2018 election, there were more Republican straight ticket votes cast by mail than there were Democratic straight-ticket votes. Democrats dominated that category for both phases of in person voting, but the mail universe leaned Republican. Greg Abbott won the mail vote, but lost the county overall. John Culberson, Mike Schofield, Gary Elkins, losers all, won the mail ballot race. Dems did win the 2016 mail vote, but if you scroll through the individual races, the Republican candidates – those who won and those who lost – did a little better with mail voters than they did overall.

It’s not that long ago that mail ballots were utterly dominated by Republicans. They put money into it, and they reaped the reward. It was then-HCDP Chair Lane Lewis who piloted a program to get mail ballot applications to eligible Democratic voters and then push them to use them, which grew into a big success for Dems here and became a model for the state party. It’s not rocket science, the Dems didn’t do anything revolutionary, they just put sufficient resources into a plan and executed it.

And this cannot be stressed enough: Republicans completely exempted mail ballots from their odious and racist voter ID law, which they rammed through in 2011, because they knew full well that voting by mail benefited them. This was part of the litigation against the voter ID law, because the over-65 population was (and still is) so much whiter than the state as a whole. The reason Republicans are melting down over mail ballots and screaming “fraud!” every time the subject comes up isn’t because this is some long-held belief of theirs. It’s because voting by mail is no longer their private playground. The Democrats have gotten good at it, and that is something they cannot abide. If there’s one thing that’s clear from all this, it’s that the Republicans will hurt their own voters if they believe the action they’re taking hurts Democratic voters more. That’s what this is all about.

And the nominees are…

Teneshia Hudspeth

Yesterday was the Harris County Democratic Party CEC meeting, at which the nominees for the two positions that needed them were filled. The easy one was the second one, where Teneshia Hudspeth was unanimously selected. The way this process works is that any potential candidates have to be nominated by one of the precinct chairs. (You could nominate yourself, if you are a precinct chair yourself – Nat West did this in 2016 for the Commissioners Court Precinct 1 nomination – but that did not apply here.) Gayle Mitchell had previously announced her intent to seek this nomination, but as far as I could tell, she was not on the Zoom call, and no one spoke to nominate her. I was one of three people to speak in favor of Hudspeth’s nomination – as I said on the call, I’ve known Teneshia Hudspeth for years via correspondence with the County Clerk’s office, and I have a high degree of confidence in her abilities. She now gets to beat Stan Stanart in November, and who doesn’t look forward to voting against Stan Stanart again? She will have a unique set of challenges, which look to include oversight of the new Elections Administrator’s office. We talked about that and more in this interview I did with her. Congratulations to Teneshia Hudspeth, I look forward to voting for you again in November.

David Brown

The other position to fill was the nominee for HCDE Position 7, At Large. Andrea Duhon won the primary for that spot in March, but she had been appointed to fill the Position 4, Precinct 3 position in January following the resignation of Josh Flynn, who unsuccessfully sought the nomination in HD138. Three candidates were nominated for this position: David Brown, Obes Nwabara, and Jose Rivera, as was expected. Brown led the voting with 38%, followed by Nwabara with 35% and Rivera with 27%. The rules say that a majority is needed, so we went to a runoff, and there Brown prevailed with a 53-47 vote. The closeness of the vote was appropriate for a tough choice, as all three candidates were excellent and well-qualified. Brown, whose Q&A with me is here, now has the important job of knocking the ridiculous and execrable Don Sumners off the Board. Erica Davis is the nominee for Position 5, At Large, which is an open seat after fellow unqualified yahoo/all-around embarrassment Michael Wolfe decided to tun again for Justice of the Peace. Dems already have a majority on the HCDE Board now thanks to the appointment of Duhon, but this is a chance to take full control, and just make two huge upgrades in quality. Congratulations to David Brown, and I look forward to voting for you in November as well.

The county races in which the precinct chairs get to pick the nominees

There are two Harris County races on the ballot this year – one that was always going to be there, and one that was unexpected – in which Democratic precinct chairs will have the task of picking the nominees. As you know, that group includes me, and we’ll be doing it on August 15, shortly before the deadline to finalize the ballot. Let me tell you what I now know about the people who have expressed interest in these races.

Teneshia Hudspeth

First up is Harris County Clerk, the race we didn’t expect to have on our ballot this year. As you know, Diane Trautman resigned in May for health reasons, and Chris Hollins was sworn in as an interim Clerk after being appointed by Commissioners Court. Trautman’s term ends in 2022, however, so someone will have to run in November to complete her term, and Hollins will not be running for the job. Two people so far have emerged for the position. One is Gayle Mitchell, who lost in the 2014 primary to Ann Harris Bennett for the County Clerk nomination. I saw her post about this on Facebook, but can’t find that post any more. She’s a nice lady – you can listen to the interview I did with her here – but I don’t have much more to say about her. I’ve not seen or heard anything from her since the 2014 primary.

On Monday this week, Jasper Scherer wrote on Twitter that Teneshia Hudspeth, the current chief deputy clerk, has announced her intention to run for the position; Marc Campos had previously noted that she had filed a designation of Treasurer. You can see her press release, sent on Tuesday, here. Hudspeth immediately drew support from Sen. Borris Miles, Council Member Tiffany Thomas, and apparently former Clerk Trautman, if I’m reading her press release correctly. I can imagine one or two people who could jump into this race that I’d have to seriously consider, but barring that possibility I fully expect to support Teneshia’s nomination. She’ll do a great job.

(UPDATE: Trautman has since sent out an email, which I received, endorsing Teneshia Hudpseth’s candidacy.)

The other race is for HCDE Trustee At Large, Position 7, the one where Andrea Duhon, who was appointed to fill out Josh Flynn’s term in Position 4 but was already on the ballot there, won outright in March. Despite my belief that she could not withdraw from the November race, apparently she could because here we are picking a replacement nominee. (See, this is why I always remind you that I Am Not A Lawyer.) I am aware of four people competing for this slot:

David Brown and Obes Nwabara, who also ran in the March primary and finished behind Duhon.

Sonja Marrett, whose candidacy was noted to me by Andrea Duhon, who has endorsed her.

Jose Rivera, husband of former Justice of the Peace candidate Tanya Makany-Rivera, about whom Stace wrote on Monday.

I had a chance to talk to Rivera over the weekend. I’m pretty sure I had a brief conversation with David Brown during the primary campaign, but that was eight million years ago, so who can remember. I do not believe I have spoken to Nwabara yet, and I do know that I have not spoken to Marrett. I do not at this time have a preferred candidate for this position. Honestly, they all look well-qualified.

I will probably do an interview with Teneshia Hudspeth after the runoff. I don’t know that I’ll have time to talk to the four HCDE candidates, but I may write up a Q&A for them. If you have any insight as to these folks, I’ll be glad to hear it. And now you know everything I know about these two races.

On picking a new County Clerk

Stace has some thoughts.

Diane Trautman

I’m of the opinion that the Democratic majority on the Commissioner’s Court should make a strong appointment of someone who will be the incumbent, making it clear that there is no need for a possible free-for-all at the precinct chair level.

We elected our County Judge and our Commissioners, while most of us cannot even find a link on the Party website to find our own precinct chair so that we can lobby for whom we want them to vote. Either process is hardly democratic as the voters are left out of the process. I’d rather go with whom our top leaders choose and have the precinct chairs basically ratify it so we can move forward. Wishful thinking? Maybe.

Some may opine that appointing as interim one of the professionals already in the County Clerk’s office to run the 2020 election and be a placeholder while allowing a candidate chosen by the precinct chairs to run full-time is the solution. And that’s a good argument. But I think we should have a candidate who can show that they can do the professional and the political work, simultaneously. I think it’s more of a confidence builder for us voters when we see that our candidates can walk and chew gum at the same time.

Either way, we’ll see what happens. I already see suggestions on my Facebook feeds about who should run and about diversity on the ballot. There’s nothing wrong with healthy debate, but these things can take a turn for the ugly real quick. And that’s another reason why I’d like to see the Judge and Commissioners lead on this one.

See here for the background. As a precinct chair who will be among those lucky duckies that gets to put a nominee on the ballot for 2020, let me say that I agree with Stace’s position that we should want a candidate who “can do the professional and the political work, simultaneously”. I hope to have a better feel for this once people start throwing their hats into the ring, but I agree that a Clerk who can plan for and run an election well and who is also able to tell Ken Paxton to get stuffed while giving clear direction on these matters to the Court, the County Attorney, and the government relations crew at the county, is someone I want to see in that job.

How we get there is of less importance. If Commissioners Court – specifically, Judge Hidalgo, Commissioner Ellis, and Commissioner Garcia; I don’t expect either of the other two to provide any productive input but will hear it out if they do – says that they just want someone who can carry out the necessary electoral duties for 2020 and leave the politics up to the political people, that’s fine by me. If instead they make a strong statement about wanting the same kind of qualities as discussed here in the next Clerk and appoint someone they believe embodies those qualities, I will be more than happy to endorse that selection for the November ballot, if I agree that they got it right. I’m happy to be led by them on this matter, as long as they do lead us in the right direction. I reserve the right as part of the body that makes this selection to maintain my own counsel.

To be sure, this kind of process can get ugly in a hurry. This may be the best chance any Democrat has to win one of these offices now that there are no more Republicans to oust and we have to fight among ourselves to win. Having the Democratic members of Commissioners Court come out in unison behind a well-qualified candidate that they would like to continue working with after this November would make this a lot easier. We’ll see what they decide to do.

Meanwhile, Campos has one piece of advice:

The Commissioners Court will pick an interim County Clerk and sometime this summer the Harris County Democratic Party Executive Committee will select a nominee to place on the November ballot. The Commissioners aren’t going to listen to Commentary, but I hope they pick a female. If they pick a male and the male ends up getting the Executive Committee’s nod, he will win this November but get knocked off in the 2022 Democratic Party Primary by a female sure enough. Dudes need not apply.

For sure, that can happen. I will just say, 2022 will be its own election, with a different context and likely smaller turnout due to the lack of a Presidential race. It’s certainly possible that the robust candidate we hope to pick this year will get knocked off in 2022 by someone no one has heard of today. I will just say that we are not completely powerless to prevent such an outcome – I’ve been talking about the need to do a better job of promoting quality candidates at the statewide level for a couple of cycles now, following recent debacles in various downballot low-profile primaries. The same prescription holds true here, with a combination of financial support to allow a visible campaign and visible support from the elected leaders who have as much of a vested interest in having the best person possible to run elections as the rest of us do. Pick the best possible person, then support that person going forward. It’s not that complicated.

Those are my thoughts at this time. Feel free to tell me whose name you are hearing for the job and how you think I should approach this when the precinct chairs get together (virtually, I assume) to formalize it.

Dutton’s colleagues ask for investigation of Natasha Ruiz

Hey, look, it’s actual election news!

Rep. Harold Dutton

Nearly the entire Harris County Democratic legislative delegation has asked the county attorney and district attorney to open a criminal investigation into the candidacy of a Texas House candidate whose existence was called into question after this year’s March election.

The candidate, one of four in the primary race for state Rep. Harold Dutton’s seat, received enough votes to help force Dutton, a longtime Houston Democrat, into a runoff this year.

“We are concerned that more than 2500 Harris County voters may have been duped into voting for a non-existent candidate, a serious theft of those voters’ most important right, and three legitimate candidates were harmed by the crimes committed,” reads the March 18 letter, which was signed by every delegation member except Dutton and released to a Tribune reporter on Thursday. “We request that your offices coordinate an immediate investigation into the events documented in the attached memo and take appropriate prosecutorial action at the earliest possible time.”

Dutton was the only Democrat from Houston not to sign the letter.

[…]

Dutton, who had previously said he had hired a private investigator to look into the matter, told the Tribune on Thursday that he was not involved with the delegation’s letter to Ogg and Ryan and was focused on winning the runoff election, which is now slated for mid-July instead of May.

“I hope someone takes a look at the system that allows this to happen and cleans it up so that it can’t happen again,” he said. “If there are people who have engaged in a conspiracy, I hope that law enforcement will deal with them in the proper context.”

The delegation’s letter also included an attached “Indices of Election Fraud,” which detailed the background of the long-winding drama and “known facts indicating election fraud.”

See here and here for the background. The letter sent by the delegation is here, and the “Indices of Fraud” attachment is here. The latter is the more interesting, and contains the most new information. It suggests strongly that the person originally identified as “Natasha Demming” is not the person who filed for a spot on the ballot, but was perhaps a victim of identity theft. What I had considered to be the wilder option, that someone impersonated this person when they filed for this seat, appears to be the more likely explanation based on what the delegation claims.

So yeah, this should be investigated. Start by talking to the private eye that Dutton hired, and talk to all the political insiders to see what crazy things they might have heard about this. The big question here isn’t who did this (if it really was a deliberate attempt to put a sham candidate on the ballot) but why they did it. If the intent was to hurt Dutton’s re-election chances, it seems to me that there are more straightforward ways to do that than putting an impostor on the ballot in the hope of forcing Dutton into a runoff that maybe he’d lose. (What do you think might have happened if Dutton’s runoff opponent had been Natasha Ruiz, for example?) For sure, if there is someone behind this, maybe that person isn’t the most clear-headed thinker you’ve ever known. Whatever the case, getting a handle on the motivation might at least point you in the direction of a suspect. There doesn’t appear to be much physical evidence (unless maybe someone managed to take a picture of “Natasha Ruiz”), so if this gets cracked it’ll be because someone talked. Find out who that might be, and the rest may follow.

UPDATE: And indeed, there will be an investigation.

The Harris County Attorney’s office told the Houston Chronicle on Thursday that it was looking into the matter.

The county’s District Attorney Kim Ogg responded to the delegation in late March by saying that she had forwarded the case to the public corruption division but could not confirm or deny whether it was under investigation.

“Please be assured that the protection of our democratic election process, along with enforcement of all related laws, is a top priority for my administration and that your complaint will be addressed by this office,” Ogg wrote.

Not exactly sure why it’s the County Attorney jumping in on this, but whatever. I very much look forward to seeing the results.

HCDP statement on Natasha Ruiz

From the inbox:

The Harris County Democratic Party has learned of an allegation that a candidate on the Harris County Democratic Party Primary ballot for Texas House District 142 may not have been a genuine candidate. HCDP has not been presented with evidence to corroborate this allegation, but we have recently become aware of its existence.

The facts we have are that on December 9th, during the 30 day filing period to be placed on the Democratic Party primary ballot, a person claiming to be Natasha Ruiz came to the party office with the required elements to file: an application, identification, and filing fee. This Application was subsequently approved, and the name of this candidate appeared on the March 3rd Democratic Party primary ballot.

Since the day the person filing the application came to the Party office, no one from our staff has had any further contact with her.

The party followed all steps required by the Texas Election Code to approve this Application for a place on the ballot. At no time prior to the primary election did we receive any information that there may be any questions or concerns about the genuineness of this Application or the eligibility of the person who submitted it to be a candidate for the office sought.

See here for the background. There are basically two possible explanations here:

1. Someone, for reasons unknown, provided a fake ID for a person who then claimed to be “Natasha Ruiz” and filed for the HD142 primary.

2. The Natasha Ruiz that ABC13 identified and contacted yesterday is the person who filed for the primary and was not telling the truth when she denied any knowledge of this.

Maybe I’m missing some other possibility, so let me know if you come up with another scenario that can fit the known facts. Option 1 is the most spectacular, and as such seems to be the least likely. As for option 2, maybe Harold Dutton’s private investigator can shed some light on that. Fascinating as this all is, until and unless we find out more there’s not much to be done about it, and there’s insufficient evidence to conclude that the absence of “Natasha Ruiz” on the ballot would have enabled Dutton to avoid a runoff. Let’s move on to May, and if something comes up to suggest that dirty tricks were at play we can reassess. Stace has more.

We need to talk about those lines

I wish we could talk about something else, but we have to do this.

Hervis Rogers, the hero we don’t deserve

Dozens of Democratic voters were still waiting to cast ballots at midnight in Houston, turning Super Tuesday into a painful slog for some citizens amid questions about how the County Clerk’s office had allocated its voting machines across the county.

Janet Gonzalez left work early and at 5:30 p.m. checked a website the clerk’s office runs to show wait times at polling places. It seemed Texas Southern University had a short wait, but when she arrived she found a massive line. She waited an hour outside and three more inside before she finally cast her ballot.

Officials with the clerk’s office acknowledged the accuracy of the wait-times website is reliant on election workers manually updating the status of their polling places.

Some people in line gave up and walked away, Gonzalez said. Others briefly sought refuge on a scattering of chairs before giving them up to others as the line inched forward.

[…]

Democratic County Clerk Diane Trautman and her staff said each of the county’s 401 polling places started with between 16 and 48 machines, depending on anticipated turnout, but at each location the machines were divided equally between the Democrat and Republican primaries, regardless of whether the location heavily favored one party or the other.

“If we had given one five and one 10, and that other one had a line, they would say, ‘You slighted us,’” Trautman said late Tuesday. “So we wanted to be fair and equal and start at the same amount. Through the day, we have been sending out additional machines to the Democratic judges to the extent that we ran out.”

During Election Day the clerk’s office dispatched 68 extra voting machines to Democratic polls, including 14 to TSU, in response to election judges’ requests. Trautman added that some of the machines assigned to TSU to start the day had to be replaced after malfunctioning.

Trautman said a joint primary — which would have allowed both parties’ ballots to be loaded on each voting machine, rather than separating the equipment by party — would have reduced the lines, but the GOP rejected the idea.

[…]

County Democratic Party chair Lillie Schechter said her staff did not grasp until Tuesday that when Trautman spoke of allocating the machines “equitably” she meant dividing them equally at each polling site, rather than giving each party the same number of machines but concentrating most of them in areas known to be strongholds of each party.

“We’re thrilled that turnout has been so high today and that’s been super exciting, but I think the story with the voting machines goes a step farther back than just how the voting machines are allocated,” she said. “The machines are part of the problem but not the whole problem.”

In order to preserve citizens’ ability to vote at any polling place on Election Day – a new policy under Trautman, and one GOP officials have opposed – Schechter said the parties needed to agree on shared polling locations. That gave Republicans more power in the negotiation, she said, and resulted in more than 60 percent of Tuesday’s polling sites being located in Republican-held county commissioner precincts, with less than 40 percent in commissioner precincts held by Democrats.

It’s kind of amazing that more people didn’t just give up and walk away after hours of waiting on line. You think you’re committed to American ideals and democracy, tell that to Hervis Rogers and the other people who waited as long as they did to exercise their right to vote. Every last one of them deserves our thanks, and a hell of a lot better from the experience next time.

This story expands a bit on that last paragraph above.

The clerk’s office dispatched additional machines to some poll sites, located in heavily black and Hispanic neighborhoods including Third Ward, Acres Homes and Gulfgate. They provided only partial relief.

At Texas Southern University, where just 48 Republicans voted early, the final Democratic voter cast his ballot after 1 a.m. after waiting in line for more than six hours.

Democratic election workers at a Sunnyside voting center reported functioning machines were broken in a successful ruse to get the clerk’s office to send more, a spokeswoman for Trautman said.

The sheer expanse of Harris County’s 1,777 square miles and most-in-Texas 2.3 million registered voters long has posed problems for county clerks in primary and general elections. When Democratic precincts in past elections had extremely long lines, some in the party blamed the Republican county clerk.

Problems persisted in Tuesday’s primary, however, even though Democrats have controlled every countywide post since last year.

Yes, and many people noticed, though a lot of blame still accrued to Republicans thanks to their long and dedicated record of vote suppression. But we don’t have Stan Stanart to kick around any more, and the spotlight is on us to fix this, not just for next time but on a more permanent basis.

I mean, I can accept that the Harris County GOP’s refusal to go along with a joint primary and the certainty that they’d pitch a fit if Dems got more voting machines than they did even though it was a virtual certainty that Dems would be the larger part of the Tuesday electorate was a problem. But we elected Diane Trautman to solve problems like that, and on Tuesday she didn’t. The onus is squarely on her to be completely transparent about what happened and why it happened, and to come up with a plan to ensure it never happens again. That doesn’t mean just brainstorming with her staff. That means concrete action involving all of the stakeholders – people from the community, election law experts, Commissioner Ellis and Garcia’s offices, County Attorney Vince Ryan and 2020 nominee Christian Menefee, grassroots organizations like TOP and the Texas Civil Rights Project and whoever else, and the HCDP since they have as big a stake in this as anyone. Convene a commission, get everyone’s input on what they saw and what they experienced and what they know and what they need, and come up with a plan for action.

Among other things, that means having much better communications, both before the election so people have a better idea of what polling places are open and what ones aren’t – yes, this is on the website, but clearly more than that needs to be done – and on Election Day, when rapid response may be needed to deal with unexpected problems. Why weren’t there more voting machines available on Tuesday, and why wasn’t there a way to get them to the places with the longest lines in a timely manner? Let the Republicans whine about that while it’s happening, at that point no one would care. Stuff happens, and anyone can guess wrong about what Election Day turnout might look like. But once that has happened, don’t just sit there, DO SOMETHING about it. It really shouldn’t have to take election clerks pretending that machines had malfunctioned to get some relief.

Also, as useful as the voting centers concept is, we need to recognize that for folks with mobility issues, having places they can walk to really makes a difference. Add Metro and transit advocacy folks like LINK Houston to that list of commission attendees, because the mobility of the people in a given neighborhood needs to be weighed into decisions about which Election Day sites are open and which are consolidated in the same way that relative turnout is. If a significant segment of a given population simply can’t drive to another neighborhood to vote, then all the voting centers in the world don’t matter.

I get that in November we’ll have all locations open, and there won’t be any squabble over who gets which voting machines. That will help. But in November, no matter how heavy early voting will be, we’re going to get a lot more people going to the polls on Election Day than the 260K or so that turned out this Tuesday. Voter registration is up, turnout is up, and we need to be much better prepared for it. Diane Trautman, please please please treat this like the emergency that it is. And Rodney Ellis, Adrian Garcia, and Lina Hidalgo, if that means throwing some money at the problem, then by God do that. We didn’t elect you all to have the same old problems with voting that we had before. The world is watching, and we’ve already made a lousy first impression. If that doesn’t hurt your pride and make you burn to fix it, I don’t know what would.

(My thanks to nonsequiteuse and Melissa Noriega for some of the ideas in this post. I only borrow from the best.)

UPDATE: Naturally, after I finished drafting this piece, out comes this deeper dive from the Trib. Let me just highlight a bit of it:

Months before, the Democratic and Republican county parties had been unable to agree to hold a joint primary, which would have allowed voters to share machines preloaded with ballots for both parties.

The Harris County Democratic Party had agreed to the setup, but the Harris County GOP refused, citing in part the long lines Republican voters would have to wait through amid increased turnout for the pitched Democratic presidential primary.

“We wanted them to do a joint primary where you would just have one line and voters could use all the machines, but they couldn’t agree on that,” said Harris County Clerk Diane Trautman, who was elected to her post in 2018.

Without a resolution, Trautman chose to allocate an equal number of machines for both primaries at each polling site “because we didn’t want to slight anyone,” particularly as Harris moved to countywide voting to free voters from precinct-specific voting. But the move essentially halved the number of voting machines available to Democratic voters on a busy election day. That meant Republican voting quickly wrapped up across the county while Democratic lines made for extra hours of voting at multiple polling places.

In a Wednesday press conference, Paul Simpson, the chair of the Harris County GOP, reiterated that the party was adamantly opposed to joint primaries and sought to preempt any blame for long Democratic lines. To Simpson, Trautman misfired by pursuing a 50/50 split of voting machines across the board instead of using past turnout data to adjust allocations, and he pointed to the party’s recommendation to give Republicans only four machines at Texas Southern University.

“The county clerk refused and failed to follow our suggestion to avoid the lines that we predicted last summer were going to happen,” Simpson said.

(Previous voting patterns weren’t available for Texas Southern University, which was only added as polling place under Trautman.)

But Lillie Schechter, the chairwoman of the Harris County Democratic Party, said the excessive wait times Democrats faced Tuesday were part of a broader electoral divide in a county that has turned reliably blue in recent years. That change in power has come with voting initiatives that local Republicans have not warmed up to, including a move to countywide voting that allows voters to cast ballots at any polling place in the county on election day.

To keep countywide voting for the primary election, the political parties needed to agree on the distribution of shared polling places. But the map the GOP pushed for on Super Tuesday established more voting centers in the two county commissioner precincts represented by Republicans, Schechter said.

“If you look at the story to say let’s blame the county clerk’s office, you’re missing the big picture here,” Schechter said.

In the aftermath of the wait time debacle, Trautman acknowledged that Democratic voting on Super Tuesday was bogged down by both technical and training issues. The county’s voting machines — the oldest in use among the state’s biggest counties — went down at different points in the night. Election workers weren’t always able to make the adjustments to bring them back into order. Both machines and election workers were “stretched to the max” during the late-night voting slog, she said.

At midnight — seven hours after polls closed — voting was again interrupted at the two polling places that were still running, including the Texas Southern University site, when the tablets used to check in voters automatically timed out and had to be rebooted.

Later on Wednesday, Trautman signaled she was assessing what the county needed to fix moving forward — a better method for rerouting voters to nearby voting sites with shorter lines, a wait time reporting system that’s not dependent on busy election workers, pushing for more early voting and, perhaps most notably, purchasing additional equipment for the November election.

“We will work to improve to make things better,” Trautman said.

It’s the right attitude and I’m glad to see it. The Clerk’s office is also in the process of scoping out new voting machines, which can’t come soon enough but which will introduce new challenges, in terms of adapting to the new technology and educating voters on how to use it. All this is a good start, and now I want to see a whole lot of follow-through.

2020 primary results: Harris County

Let’s start with this.

Long lines combined with a lack of voting machines turned into frustration for voters at several election sites in Harris County on Super Tuesday.

Margaret Hollie arrived at the Multi Service Center on Griggs Road at 11 a.m. She finished just after 2:45 p.m.

“It was horrible,” she said. “The worst since I’ve been voting. And I’ve been voting for 60 years.”

She decided to stick around and vote at the location in the city’s South Union area. Others did not, opting to find polling sites that were less busy. Under recent changes implemented by county leaders, voters can now cast their ballot at any precinct.

In Kashmere Gardens, at another Multi Service Center, the line of voters stretched from the entrance of the voting room to the exit of the facility.

Bettie Adami was one of about 100 people in the line about 4 p.m. Healthcare, higher paying jobs and raising the minimum wage top the list of her concerns this election season.

She isn’t letting the line prevent her from voting. “I’ll stand as long as I have to to cast my vote,” she said.

[…]

The county’s political parties are in charge of deciding which polling places will be open for primary elections, said [Rosio Torres, a spokesperson for the Harris County] Clerk’s office.

DJ Ybarra, Executive Director of the Harris County Democratic Party , said the decision was made to not include some polling locations in negotiations with Republicans to keep countywide voting in the primary. The parties agreed on the final map of polling locations in January, said Ybarra.

“In that negotiation, we had to come up with what locations we wanted,” said Ybarra. “We wish we could have had more locations, but we had to negotiate and we had to keep countywide voting.

“In the future, we’re going to try our best to get all our polling locations we want earlier in the process, so we’re not put in a position where we don’t have all the locations we want,” Ybarra said.

To sum that up in a couple of tweets:

In other words, there were about twice as many Dems voting yesterday as there were Republicans, but there were an equal number of Dem and Rep voting machines, which is the way it works for separate primaries. Had this been a joint primary as Trautman’s office originally proposed and which the HCDP accepted, each voting machine at each site could have been used for either primary. Oh well.

I had asked if the judicial races were basically random in a high-turnout election like this. The answer is No, because in every single judicial election where there was a male candidate and a female candidate, the female candidate won, often by a large margin. That means the end for several incumbents, including Larry Weiman, Darryl Moore, Randy Roll, Steven Kirkland, and George Powell, some of which I mourn more than others. Alex Smoots-Thomas, who had a male challenger and a female challenger, trails Cheryl Elliott Thornton going into a runoff. I saw a lot of mourning on Twitter last night of Elizabeth Warren’s underperformance and the seeming reluctance many people had to vote for a woman for President. Well, at least in Harris County, many many people were happy to vote for women for judge.

Three of the four countywide incumbents were headed to victory. In order of vote share, they are Sheriff Ed Gonzalez, Tax Assessor Ann Harris Bennett, and DA Kim Ogg. In the County Attorney race, challenger Christian Menefee was just above fifty percent, and thus on his way to defeating three-term incumbent Vince Ryan without a runoff. I thought Menefee would do well, but that was a very strong performance. Even if I have to correct this today and say that he fell just short of a clear majority, it’s still quite impressive.

Commissioner Rodney Ellis easily won, with over 70%. Michael Moore and Diana Martinez Alexander were neck and neck in Precinct 3, with Kristi Thibaut a few points behind in third place.

Unfortunately, as I write this, Democrats were on their way towards an own goal in HCDE Position 7, At Large. Andrea Duhon, who is already on the Board now, was leading with just over 50%. If that holds, she’ll have to withdraw and the Republican – none other than Don Freaking Sumners – will be elected in November. If we’re lucky, by the time all the votes have been counted, she’ll drop below fifty percent and will be able to withdraw from the runoff, thus allowing David Brown, currently in second place, to be the nominee. If not, this was the single lousiest result of the day.

Got a lot of other ground to cover, so let’s move on. I’ll circle back to some other county stuff tomorrow.

Judge Powell back on the ballot

So be it.

Judge George Powell

A civil court judge Wednesday ordered that sitting criminal district Judge George Powell be included on the March primary ballot after the Harris County Democratic Party denied his application for candidacy last month.

Party officials had to accept Powell’s application within 24 hours, and he needs to appear as a choice for voters during the election, Judge Lauren Reeder ordered. But the ruling is technically temporary and could be subject to appeal by the party or Powell’s primary opponent, who was a third-party “intervener” in Powell’s suit against the party.

“I’m very happy that the judge granted our request for an injunction and that he gets the chance to run again,” said Kent Schaffer, Powell’s attorney. “Ultimately, it’s the voters who should decide who the candidate’s going to be, and not a select few people who feel like it’s their right.”

During a Tuesday court hearing, the local chapter of the Democratic Party sought to justify its decision in leaving Powell off the ballot, urging him to take responsibility for his application’s failure. A statement party officials issued after Wednesday’s ruling made little mention of the outcome, however, and pointed to issues with the election code.

Party leaders weren’t able to approve Powell’s candidacy because state rules prevented it, they said. The judge paid an insufficient filing fee too close to the filing deadline, meaning his application was denied and the problem couldn’t be fixed without breaking state rules, party chair Lillie Schechter testified Tuesday.

“The Harris County Democratic Party regrets the situation Judge Powell found himself in,” party officials said in a statement. “Without question, we believe all eligible candidates should have access to the ballot.”

See here for the background, and here for a pre-hearing version of the story, which was also covered by Texas Lawyer. On the one hand, I agree with the HCDP: The rules are easy to understand. He could have filed earlier than the very last minute, when there was no time to fix this easily-corrected mistake. The party doesn’t have much discretion according to the law. On the other hand, I hate seeing people bumped from the ballot for nit-picky reasons. The law in question should be amended to allow a post-deadline grace period to correct technical errors like this (though again, if you know you’re going to run, file at least a day before the deadline and save yourself the trouble).

This is probably the end of the story. The HCDP does not plan to appeal, and intervenor/primary opponent Natalia Cornelio does not appear to be appealing, either. Fine by me, let’s get on to the campaign. One more thing first:

Powell’s lawyers hinted in Tuesday’s injunction hearing that the party might have an interest in keeping the judge from running for re-election, even though paying the incorrect amount might have been no more than a convenient mistake. Schaffer clarified afterward that he believes Ellis is pulling strings in the local Democratic Party, and wants his employee to run unopposed for the 351st state judicial district.

Ellis and Cornelio both helped draft a landmark settlement over Harris County’s misdemeanor bail system, which a federal judge said was unconstitutional and discriminated against poor defendants.

Powell was one of 11 current and former judges in the area who were admonished by the State Commission on Judicial Conduct in 2019 related to complaints that they instructed hearing officers to deny no-cost bail to indigent defendants. That admonishment has since been retracted for unknown reasons.

Randle called the claims “ludicrous,” and Cornelio’s attorney, Mynor E. Rodriguez, said he hadn’t heard those accusations.

Yeah, that admonishment, whatever happened to it. I wasn’t inclined to vote for Powell before any of this happened. I’m less inclined to vote for him now.

We have a filing failure

In typical fashion, it’s bizarre.

Judge George Powell

One of the more bizarre things to happen during the recent filing period: Judge George Powell had his filing rejected because of a filing fee mistake. So he sued.

Powell filed on the last day, and according to the suit, he was told by a party person incorrectly that the fee is $1500, when it was $2500. However, the party would not allow him to correct the mistake, so the lawsuit was filed. They did not have to go far.

Powell and his lawyer, the venerable Kent Schaffer, had a TRO hearing today. After one judge recused, another did conduct a hearing, they were granted a TRO.

Full hearing in early January.

If Judge Powell is not allowed back on the Democratic primary ballot, his challenger [Natalia Cornelio] (who currently works for Comm. Rodney Ellis) would become the de facto Dem. nominee.

That’s from Miya Shay’s Facebook page – as of Tuesday morning, I didn’t see any news stories on this. Stace notes that Judge Powell, who was elected in 2016, should have known the rules, which have not changed any time recently. (That filing fee is not mandatory, by the way. You can collect 750 petition signatures – attend any Dem event in the months before the filing period and you will have multiple opportunities to sign judicial candidate petitions for this – and pay no fee, or collect 250 and pay the $2,500.) To be sure, he should have been given the correct information by whoever processed his filing at the HCDP, and they should do a review to see what went wrong. But in the end, this reinforces two things that I and others say over and over again:

1) The rules for filing for office are well-known and easy to learn. Any marginally competent campaign professional can properly advise you on how to comply with them. There’s really no excuse for this kind of failure.

2) Don’t wait to file till the very last minute if you can help it. Had Judge Powell filed a day earlier, he would have had the time to get this fixed. As it is, his fate is in the hands of another judge. If you someday decide you might want to run for office, don’t let this happen to you. Give yourself some extra time when you file.

(FWIW, Judge Powell was admonished by the State Commission on Judicial Conduct, along with several other felony court judges, for violating state law by ordering hearing officers to deny no-cost bail to thousands of poor defendants. I was inclined to support a primary opponent in his race anyway, so whether he makes it back onto the ballot or not is of no great interest to me. There were two other incumbent judges who received that sanction, Herb Ritchie (who is stepping down) and Hazel Jones, who did not get a primary opponent.)

UPDATE: On a not-really-related note, HCDE Trustee Josh Flynn has been disqualified from the Republican primary ballot for HD138. He would have had to resign to have been allowed on the ballot.

Willie D will not be on the Democratic primary ballot

He wanted to run for Commissioners Court but his application was rejected because of his previous felony conviction.

Willie Dennis

Former Geto Boys rapper William “Willie D” Dennis wants to run for Harris County Commissioners Court, but local Democratic party officials rejected his application to get on the ballot, citing his criminal history and a state law that has become a lightning rod in north Houston politics over the last month.

Dennis filed an application Thursday with the Harris County Democratic Party, seeking to challenge incumbent Rodney Ellis for the court’s Precinct 1 seat. He said he wants to bring his unique perspective to government.

On Saturday, the party notified him that he was ineligible because of his 2010 felony conviction for wire fraud charges, stemming from an iPhone sales scam.

The party cited a state law that forbids candidates from running for public office if they have been convicted of felony from which they have not been pardoned or otherwise released from its “resulting disabilities.”

The statute doesn’t define that phrase and has invited varying interpretations that have not been definitively resolved by courts. It is currently the subject of a contentious lawsuit surrounding the stalled runoff in the Houston city council’s District B election.

“I would add that this is not my decision,” said party chair Lillie Schechter. “We follow the Texas Election Code.”

Officials told Dennis that they would reconsider the ruling if he could provide examples in which candidates with felony convictions were allowed to assume office, Schechter said.

Dennis said he was looking at options to appeal the decision. It marks the second time this year his political plans have been foiled by his conviction. His campaign for the District B seat was similarly derailed by eligibility concerns.

“I want my rights back — all of them,” Dennis told the Chronicle Saturday. “I did my time, now give me my rights.”

See here and here for the story of his attempt to run for District B. As far as the ongoing District B runoff situation goes, the latest news is that the hearing we were supposed to get on Friday was rescheduled for today. If there’s an immediate ruling that may provide clarity for both of those situations.

As to why the HCDP would not accept this ballot application when the city accepted Cynthia Bailey’s (and several others’), I’d say it’s simply a difference of interpretation. William Dennis himself said that he decided not to file in District B because he didn’t want to risk perjuring himself by swearing on the affidavit that he hadn’t been finally convicted of a felony. The initial ruling in the lawsuit filed by Renee Jefferson Smith that allowed Cynthia Bailey to stay on the runoff ballot gave him the confidence to try again, but the underlying law remains unclear. I don’t blame him for being upset and confused by this. This needs to be fixed by the Legislature, ideally in a way that allows people who have completed their sentences to fully participate in our – and, ideally, their – democracy again. Until then, we have a mess.

So what do we think final 2019 turnout will be?

Let’s take the numbers we have so far and try to hone in a bit more exactly on what to expect tomorrow, shall we? I’m going to go back a little farther into the past and establish some patterns.

2019
2015
2013
2011
2009
2007


Year    Early    Mail   Total   Mailed
======================================
2019  137,460  15,304  152,764   26,824
2015  164,104  29,859  193,963   43,280
2013   87,944  21,426  109,370   30,572
2011   49,669   8,676   58,345   15,264
2009   71,368   9,148   80,516   20,987
2007   43,420   6,844   50,264   13,870

Year    Early    Final   Early%
===============================
2015  193,963  421,460    46.0%
2013  109,370  260,437    42.0%
2011   58,345  164,971    35.4%
2009   80,516  257,312    31.3%
2007   50,264  193,945    25.9%

Couple of points to note up front. One is that the early vote totals I report above are the totals as of the end of the early voting period. Mail ballots continue to arrive, however, so the mail ballot results you see on the election return pages on the County Clerk website are a bit higher. I’m basing the calculations here on those as-of-Friday results, for consistency’s sake.

Second, note that while early voting in even year races is now a large majority of the total vote – in 2018, for example, about 71% of all votes were cast before Election Day – in municipal elections, it remains the case that most voters take their time and do their business on Tuesday. The early vote share has steadily increased over time, and it wouldn’t surprise me if we’re at least at 50-50 now, but the bottom line is that there are very likely still a lot more votes to be cast.

Note also the increase in mail ballots over time, both in terms of mail ballots sent out and mail ballots returned. The HCDP has made a priority of this since Lane Lewis was elected Chair in 2012 and continuing under Lillie Schechter, and you can see that reflected in the totals beginning in 2013. I’m not exactly sure why the numbers took a dip this year, but they remain well above what they were prior to 2013.

All this is a long preamble to the main question, which is what to expect tomorrow. Here are three scenarios for you:

2019 at 45% early = 339,476 in Harris County, 231,862 in Houston.
2019 at 50% early = 305,428 in Harris County, 208,676 in Houston.
2019 at 55% early = 277,753 in Harris County, 189,705 in Houston.

The second number in each of those lines represents the fact that the numbers we have are for all of Harris County, while per Keir Murray about 68% of this year’s turnout is from the city of Houston. I used his figure in projecting the Houston numbers. Sixty-eight percent of Harris County votes coming from Houston is a bit higher than it was in 2015 and 2013, which were in the 64-65% range, but it’s well within historic norms, where the city vote percent has topped 70% in some years.

My best guess is that we’re headed for something like the middle scenario. I see no reason why the trend of an increasing early vote share wouldn’t continue, so I’d expect it to notch up a couple more points. For what it’s worth, in the 2017 election, when there were no city of Houston races, about 41.3% of the vote was cast early. That race doesn’t fit this pattern so I’m not taking it into consideration, but I figured someone reading this would be wondering about it, so there you have it.

Beyond that, I expect the Mayor’s race to go to a runoff, with Turner getting in the low to mid-forties and Buzbee getting in the mid to upper-twenties. There is a 100% certainty that I will keep the remote close at hand to avoid being subjected to any further Buzbee commercials when I’m just trying to watch a football game. I expect the Metro referendum to pass. I have no idea what else to expect. Feel free to leave your guesses in the comments.

The Harris County GOP thinks it can come back in 2020

They’re so adorable.

Never forget

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

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

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

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

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

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

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

[…]

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

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

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

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

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

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

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


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

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


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

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


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

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

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


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

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

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

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

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

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

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

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

A preview of the joint primary

Diane Trautman

Like Campos and John Coby, I recently had the opportunity to visit the Harris County Clerk and get a preview of the proposed joint primary. Coby describes it in some detail, with pictures, so I won’t duplicate his effort. Basically, the process will be very much like what you are used to already. The main difference in terms of the experience is that instead of telling the poll worker what primary you want to vote in, you pick it from a touch-screen tablet. Otherwise, it’s exactly what you’ve done before – you show your ID and sign in, you get a code for one of the eSlate machines, and you go vote. That’s all there is to it. The practical effect is that now all of the machines are available to you. There aren’t machines designated for one primary or the other, so if you’re voting at a location that historically has a long line for one party with idle machines for the other, that will no longer happen. This should help the lines move more efficiently, which in a year where a very high turnout is expected on the Dem side is greatly appreciated.

Primaries are run by the parties, and the initial reaction to this was positive from the HCDP and negative from the Harris County Republican Party. We were told at this visit that both Dem Chair Lillie Schechter and GOP Chair Paul Simpson had been in to see the same setup, and it went well. Simpson is supposedly going to make a decision about this in the next two to three weeks. I asked about the experience other counties have had with joint primaries. Michael Winn, the elections administrator who came from Travis County, said they made the change in 2011 and haven’t looked back. We’ll see.

We also discussed how election night returns are reported, which was a concern in the May election after the switchover to voting centers. We’re used to seeing reports come in by precinct, but with anyone being able to vote anywhere now that’s going to be a different experience. They’re working on that now so as to provide a better picture of where the vote totals are coming from, and they promised a preview for interested parties (campaigns, media, etc) in October. I’ll report back then. In the meantime, I have a good feeling about how this is going. Let me know if you have any questions.

Joint primaries

Another potential change to how we vote is in the works.

Diane Trautman

Harris County primary voters could see a big change at the polls in 2020 if local party leaders agree on a new proposal.

Under the current system, voters go to the polls and they’re asked to say which party primary they want to participate in, Republican or Democratic. Voters line up separately. But Harris County Clerk Diane Trautman said Tuesday that combining the lines would be more cost-effective and give voters more privacy.

“You won’t see a Republican party here, Democratic party here. You’ll see one of each at each table, and you’ll have three lines that you could go in,” Trautman said.

Voters would check in at joint primary tables and select one party on an iPad.

“The other thing they’re going to notice is that there aren’t any lines outside the door,” Trautman said. “So that will be refreshing.”

She said the new plan addresses the biggest complaints she hears from voters.

Harris County officials hope to reach an agreement with party leaders by the end of the month. If approved, the new system would be in place for the next primary in March 2020.

The HCDP has agreed to this. The Republicans, not so much.

Harris County Republican Party Chairman Paul Simpson said Texas law allows parties to run their own primary elections, and he is reluctant to cede that role to the county clerk.

“The Democrat county clerk’s proposed joint primary elections would empower the bureaucrats and, worse, let one party’s workers run the other party’s primary election that selects its candidates, running the risk of disenfranchising, inconveniencing, and confusing voters,” Simpson said in a statement.

I actually have some sympathy for Simpson’s position. I have no doubt that if Stan Stanart had proposed this, I’d be suspicious, even with the knowledge that Harris is the only major county in the state that doesn’t hold joint primaries. I’d need to be convinced as a Democratic primary voter, and I’m sure Paul Simpson believes his voters will need to be convinced, too. (He’s on the ballot in 2020 as well, you know.) That said, I hope he goes into the discussion with an open mind. This makes sense on a couple of levels. One, you don’t have to announce your preference in front of strangers, which is the privacy appeal. Sure, anyone with VAN access can look up your record, but how many people do that? It’s also a more efficient use of resources, which should help shorten lines. Again, if there are questions or concerns, then let’s ask the party chairs in the other counties that do it this way, and see what they have to say about it. I’m happy to let Paul Simpson voice his worries, but let’s not be ruled by fear.

Apparently, that pay parity debate did happen

I missed the last twist in this saga, but in the end it did happen.

Mayor Sylvester Turner

After months of trading barbs from a distance, Mayor Sylvester Turner and the head of Houston’s firefighters’ union met in a vigorous but civil debate Saturday, displaying their fundamental differences over just about everything related to the November ballot referendum that would grant firefighters pay “parity” with police officers of corresponding rank and seniority.

The dispute revolves around a divisive question: If the measure known as Proposition B passes, can the city afford it? If anything, the debate at St. John’s United Methodist Church between Turner and Houston Professional Fire Firefighters Association President Marty Lancton revealed how irreconcilable the opposing views on that question truly are.

From Turner’s perspective, Houston firefighters deserve to receive better pay, but not to the extent that their raises “bankrupt the city,” as he claimed Proposition B would do by mandating 29 percent raises for firefighters, at a cost of than $100 million a year.

What’s more, Turner said Saturday, the measure does not call for true “parity” because it mandates only equal pay, ignoring retirement benefits, training and education requirements — in practice granting firefighters better pay, Turner argued.

To Lancton, the city has balanced its budget on the backs of firefighters to the point that the department’s rank-and-file members are struggling to make ends meet, with salaries far lower than those of firefighters in other Texas cities.

“What Houston firefighters seek is fair, competitive pay. Because of low pay, many Houston-trained firefighters are leaving for other departments,” Lancton said. “Our pay is so low that starting firefighters, supporting families, can even qualify for government assistance. We’ve asked the city for competitive pay for nearly a decade. The city has repeatedly rejected our efforts to reach an acceptable contract agreement.”

It goes from there, and I don’t think there’s much that you haven’t seen if you’ve been following this. At last report, Lancton had pulled out of the debate because the firefighters didn’t want Lisa Falkenberg moderating (because they didn’t like the Chron’s editorial stance against Prop B) and had wanted to address the Democratic precinct chairs in an effort to get Prop B endorsed by the HCDP. Neither of these conditions changed – Falkenberg still moderated, and the HCDP precinct chairs are not getting together for an endorsement vote – so I don’t know what changed from the firefighters’ perspective. Be that as it may, I’m glad this happened – the voters deserved such an event. I wish I could have been there but I was out of town. If you attended or saw a stream of it, please leave a comment with your impressions.

The pay parity proposal debate that wasn’t

Let’s not get ready to rumble!

Mayor Sylvester Turner

Houston’s firefighters union has withdrawn from a Saturday debate with Mayor Sylvester Turner on their proposal to seek pay “parity” with police officers, saying the event’s host, the Harris County Democratic Party, had given the mayor too much control over the event.

The hour-long event would have marked the first time the mayor and the union addressed the contentious issue on the same stage.

“We looked forward to the debate,” Houston Professional Fire Fighters Association President Marty Lancton said in a Wednesday morning statement, “but we recognize that party insiders failed to stop the manipulation of the ground rules to advantage the mayor. We are disappointed in the HCDP’s acquiescence to the mayor, but are grateful for the support of HCDP precinct chairs and the many Houstonians they represent.”

Among the union’s complaints were that Houston Chronicle opinion editor Lisa Falkenberg was to serve as moderator (the editorial board expressed opposition to the parity proposal in July 2017), and that Democratic Party officials did not agree to let Lancton address precinct chairs or let them vote on whether to endorse the proposition.

Alas. Here’s the earlier story announcing the event that was the original basis of this post. I am not able to be there for this not-a-forum, but perhaps you can be.

County Democratic Party Chair Lillie Schechter said the party engaged in “extensive conversations” with both camps on the format of the discussion but respects the union’s decision to withdraw.

“The event details appeared in a Facebook announcement seen and approved by all parties last week. It is unfortunate the firefighter’s union has determined these details do not meet their needs,” she said. “We regret voters will not hear from the firefighter’s union at this time. Mayor Turner and Lisa are welcome to use the full hour we have allotted for this event.”

The party’s leadership committee, after hearing from the fire union at a recent meeting, Schechter said, voted to schedule the debate to hear from both sides. She said the gathering was never envisioned as ending in a vote, saying such votes only occur at quarterly gatherings of all precinct chairs, the last of which was held Sept. 13.

Yes, speaking as a precinct chair, that’s how our rules work. Precinct chairs vote to endorse or not endorse ballot measures like this at our quarterly meetings. We endorsed the flood bond referendum at the June meeting, for instance. There were members from the firefighters’ union at the September meeting, talking up their proposal, but no motion for an endorsement vote. Which I have to say would have been contentious, and because of that I’m glad it didn’t come up. I don’t know what may or may not have happened behind the scenes, but I do know they could have made a pretty big fuss about this at the meeting if they had wanted to.

Personally, I think an event like this, aimed at the general public, rather than an agenda item for a normally dry meeting of precinct chairs, would be a much better way to allow both sides to air their views (I’m assuming that if Lancton had been given time to address us, then Mayor Turner or a representative from his office would have been given time as well). But hey, whatever. Perhaps the Mayor and Lisa Falkenberg can discuss the cost of this referendum.

The cost of Houston firefighters’ push for pay parity with police of corresponding rank and seniority could be 14 percent cheaper than what Mayor Sylvester Turner’s administration has estimated, city Controller Chris Brown said Tuesday.

Brown’s office estimates that the proposal, which will appear as Proposition B on the Nov. 6 ballot, will cost $85.2 million a year, lower than the $98.6 million figure Turner has used. Neither estimate includes the 7 percent raise police would receive over the next two years if the city council approves a new proposed contract this week. That would increase the cost if voters decide to link fire and police salaries.

Brown acknowledged his analysis required a series of assumptions related to how the parity proposal would be implemented, and said the estimate shows the cost of the proposal would be “unsustainable.”

“The controller’s office believes that a sustainable solution exists but can only be achieved through negotiation in the collective bargaining process,” Brown said while presenting his estimate to the city council’s budget committee. “It’s through that process that the men and women of HFD should be able to negotiate a well-deserved raise, but also a well-deserved raise the city can actually afford over the long term.”

Houston Professional Fire Fighters Association President Marty Lancton viewed Brown’s analysis as vindication of his view that Turner’s estimate is inflated.

“As the city controller proved today, the mayor’s Proposition B claims cannot be trusted. His math, like his judgment, is driven by an obsession with punishing Houston firefighters,” Lancton said.

[…]

Brown and Turner’s estimates are nearly identical on the projected increase to firefighters’ base salaries and the associated increase in retirement benefits: that roughly 20 percent increase would cost about $65 million per year.

The two estimates differ mostly on various incentives and allowances known as “special pays,” some of which firefighters receive now but which parity would increase, and some of which firefighters would receive for the first time if voters approve the measure.

Not sure how a reduction in the cost estimate from $98 million to $85 million is a vindication of the firefighters’ case, especially when $85 million is still a pretty damn big number and Controller Brown calls it “unsustainable”, but maybe that’s just me. I continue to believe this thing is going to pass so I sure hope the cost estimates we are seeing are overblown, but all things being equal I’d rather not have to find out. Be that as it may, if you don’t know what to make of all this, go attend the not-a-forum and see what you think.

If you can’t win, cheat

This is some bullshit.

Harris County residents keen to vote in the upcoming midterm elections should be very careful about checking their mail. Recently, some residents of Third Ward received letters informing them of an address change they had not actually filed and which, if not answered, would put their franchise into suspension. It looks to be the result of a Republican-led challenge to thousands of Houston voters.

Lynn Lane, the well-respected Houston photographer who does a lot of theater and dance photography, almost threw the envelope away, thinking it was junk mail. Instead, it was from Ann Harris-Bennett, Harris County Tax Assessor-Collector & Voter Registrar. Though Lane has lived at his address for the past five years, his letter said otherwise. Furthermore, lack of response would cost him the right to vote.

It reads:

“If you do not respond at all to this notice, your registration will be canceled if you have not confirmed your address either by completing the response form or confirming your address when voting before November 30 following the second general election for state and county officers that occurs after the date the confirmation notice is mailed.”

Lane subsequently checked his voter registration and found that his voting rights were indeed listed as suspended. He says that a neighbor and others he had spoken to – who declined to be named in this story – had received similar letters.

“Something is definitely fishy with them trying to cancel voters registration stating our addresses have changed and if we don’t return these forms completed they will remove us from the registration it we will not be able to vote in November,” says Lane.

Archie Rose in Harris-Bennett’s office said that he suspected voter registration challenges were to blame when contacted for comment. According to Section 16 of the Texas Election Code, “a registered voter may challenge the registration of another voter.” Alan Vera, Chairman of the Harris County Republican Party’s Ballot Security Committee, has delivered 4,000 such challenges to Harris-Bennett’s office.

[…]

Lane’s letter is indicative that Vera and the Harris County Republican Party’s Ballot Security Committee’s movement has resulted in some lawfully registered voters in minority neighborhoods seeing their right to vote jeopardized. As the current system allows any registered voter to initiate such challenges against anyone they suspect or wish to accuse of improper registration, it is open to coordinated mob misuse.

“This is voter suppression at its finest,” says Lane. “And it’s also a waste of taxpayer dollars to send out all of these forms and then have us send them back to make sure we’re okay when we were okay before.”

Voters are encouraged to check their mail carefully in case they have also been challenged, and to make regular checks of the Secretary of State website to confirm their voter registration status. Anyone who receives a letter like Lane’s should respond promptly as instructed.

So, three things here. One, check yourself (choose “VUID and date of birth” for the Selection Criteria; your VUID is right there on your voter registration card) and tell everyone you know to check themselves. Two, the law in question being used to challenge these voters’ registrations needs to be tightened up. The person making the challenge must “state a specific qualification for registration that the challenged voter has not met based on the personal knowledge of the voter desiring to challenge the registration”, which seems awfully broad. Let’s define a standard of evidence here, and let’s include a penalty for making false claims. And three, while there may not be a prescribed remedy for someone who has been fraudulently challenged, I’m thinking a lawsuit against the perpetrators is in order anyway. Maybe file four thousand of them in JP court, for a bit of cosmic balance.

Be that as it may, this story deserves to be more thoroughly reported and widely known. It’s been all over Facebook among local Democrats, and the HCDP took notice as well. From an email sent out by HCDP Chair Lillie Schechter:

We were alerted yesterday that the voter registrations of nearly 4,000 democratic voters had been challenged by Republicans. Taking advantage of a loophole that allows challenged voter registrations to be placed on a suspense list requiring them to either update their address information online or complete a Statement of Residence at their polling place.

Making it harder to vote is one of the oldest tactics in the playbook of Republicans who are right now shaking in their boots at the thought of the expanding electorate and the coming blue wave.

HCDP is working to identify every democratic voter affected and alert them to this change in their registration status. We plan to contact them by mail and phone to ensure they have all the information needed to exercise their right to vote in November and beyond.

Good, and exactly what they need to do. It sucks that they have to do this, but that’s the world we live in, where people who have lived at the same address for years can have their voter registrations challenged by random assholes. Know what’s going on, and don’t let anyone disenfranchise you or someone you know.

Two upcoming candidate forums

Mark your calendars, Part I, for the CD2 Democratic Primary Candidate Forum.

CD2 Democratic Primary Candidate Forum
Hosted by Humble Area Democrats, Kingwood Area Democrats, Spring Democratic Club, and Democracy for Houston

Tuesday, January 23 at 6 PM – 9 PM
Teamsters Local Union No. 988
4303 N Sam Houston Pkwy E, Houston, Texas 77032 (Map)

The Democratic Primary candidates, running for U.S. House Representative District 2, will participate in this moderated Forum to express their stances on important issues affecting constituents in Texas’ Congressional District 2.

Candidates (as they will appear on the ballot) are:

H.P. Parvizian, Ali A. Khorasani, Silky Malik, J. Darnell Jones, Todd Litton

The event begins with a Meet & Greet (6:00 pm – 6:45 pm)
The Forum will begin at 7 pm.
(Attendees will be offered an opportunity to submit questions, which will be answered, as time allows, at the end of the program.)

Come meet your candidates and discover where they stand on issues of importance to you. Visit representatives from each of our partners in this event to learn how you can get more involved.

Co-Hosts of this Forum are:

Humble Area Democrats
Kingwood Area Democrats
Spring Democratic Club
Democracy for Houston

Joining us to put this event together:

The Harris County Democratic Party
Indivisible TX-02 – Northeast

I’m publishing interviews of CD02 candidates beginning today, so you can get to know them before you go see them for yourself. We’ve all got a lot of important decisions to make this season, so we all need to do our due diligence.

And Part II:

See here for event details, and here for a map to the location. I’m not interviewing in any of these races at this time, though I may get to CD22 for the runoff, so you’re on your own. Get out there and meet some candidates.

Davila lawsuit over ballot access rejected

So much for that.

Diana Davila

Amidst claims of illegal signature gathering and improper mailers in an East End justice of the peace race, a visiting senior judge ruled against a Houston Independent School Board trustee in her suit against the county Democratic Party for rejecting her application to be on the primary ballot.

HISD Trustee’s Diana Davila’s lawsuit, filed last week, stated that she had submitted a petition to the Harris County Democratic Party containing 310 signatures that would qualify her to be on the ballot, but had omitted printing the name of the person circulating the petitions in an affidavit on a single line at the bottom of each petition.

The Democratic Party chairwoman rejected many of the signatures on that count. She said that she could not decipher the names registered as those collecting the signatures and said Davila could not be on the ballot.

Judge J.D. Langley conceded in a Thursday court hearing that may be a technicality, but said he was hesitant to upend the election process or reverse the Democratic Party chairwoman.

“The court should stay away from it,” Langley said.

He also cited state statute that he interpreted as Davila having passed the deadline to amend her forms.

See here for the background. I’m of two minds about this. On the one hand, it’s better to let candidates be on the ballot rather than disqualify them on small technical deficiencies in their applications. On the other hand, the requirements they have to meet are not onerous and the vast majority of candidates had no trouble with them. As noted in the story, Davila is not a first time candidate, and she knew what was needed. This isn’t that hard, and I can’t say I have a great deal of sympathy. Better luck next time.

Diana Davila sues over ballot rejection

There’s one of these every cycle.

Diana Davila

Diana Davila said in a lawsuit filed Wednesday in state district court that her application to run for justice of the peace Precinct 6, Place 2 in the March primary election was inappropriately rejected by the Democratic Party.

The lawsuit states that Davila had submitted a petition containing 310 signatures that would qualify her to be on the ballot, but had omitted printing the name of the person circulating the petition on one line in the petition.

The name appeared elsewhere on the page and the petition was signed and notarized.

“The only thing that’s important is that this person signed their name before a notary,” said Davila’s attorney Keith Gross.

The lawsuit states that despite that omission, Davila should be allowed to run in the primary. She would face one challenger in the primary election, Angela Rodriguez.

In a statement, the Harris County Democratic Party stated that Rodriguez filed a complaint with the party about Davila’s paperwork. The party then followed up on the complaint and rejected Davila’s application because “the challenge appeared to be well founded.”

I don’t have a dog in this fight. The reason for the rejection may seem persnickety, but ballot applications have been rejected for reasons like this before. That doesn’t mean Davila won’t prevail in her lawsuit, just that the HCDP – which consulted with the Secretary of State’s office before making their decision – had a valid reason for rejecting her filing. We’ll see what the court makes of it.