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Lloyd Doggett

New rules for hot air balloon operators

This caught my eye.

More than six years after 16 people died in a hot air balloon crash in Central Texas, the Federal Aviation Administration has started enforcing new rules on commercial balloon pilots that were devised because of tragedy.

The new FAA rules require hot air balloon pilots to hold medical certificates while they are flying with paying passengers. That means pilots would need to submit to medical exams.

The new rule was proposed by Texas lawmakers, including U.S. Rep. Lloyd Doggett and U.S. Sen. Ted Cruz, after the July 30, 2016, balloon crash in Lockhart. Sixteen people were killed after a balloon crashed into a high-voltage power line. It was the deadliest crash involving a commercial hot air balloon in U.S. history An investigation after the crash found that the pilot, Alfred “Skip” Nichols was under the influence of prescription drugs and suffered from medical ailments that should have raised red flags at the FAA.

Before the new rule, balloon pilots weren’t required to undergo medical screenings.

The new rule was approved by Congress in 2018, as part of legislation that funds the FAA. However it took more more four years for the aviation regulator to implement the rules. In a statement, Doggett said the FAA “inexcusably delayed and delayed for years” before finalizing the rules.

“For the many who prayed and mourned the loss resulting from this unnecessary tragedy, know that you have been heard,” Doggett said. “We cannot bring these precious lives back. But, now that this is finally implemented, we hope no more families will be exposed to the horror of a crash from an impaired pilot.

I remember this incident but didn’t blog about it at the time. Apparently, the FAA just started on the rulemaking process in November of 2021, which is why this is just happening now, six-plus years after the incident and four years after the law was passed. Whether the delay was at least partly about Trump-era dysfunction or something else is not explained in the story. All I can say is that I for one would like to know that my hot air balloon pilot is in good health and capable of doing the job that day, in the unlikely event I ever take a hot air balloon ride. The fact that we shouldn’t have taken that as a given before that tragedy is the real problem. We’ve addressed this instance of it, but I worry there are more out there. But at least you can go up in that balloon now with more safety than before.

House passes assault weapon ban

Another bill that won’t pass the Senate, but nonetheless shows the gap in values and priorities between the two parties.

As the House passed legislation to ban assault weapons for the first time in nearly two decades Friday, Democrats pointed to a string of mass shootings in Texas where such weapons were used to kill dozens of people: Nineteen children and two teachers in Uvalde in May; 23 shoppers in an El Paso Walmart almost exactly three years ago; 26 congregants in a church in Sutherland Springs in 2017.

“We’ve turned our churches, our schools, our shopping centers, our entertainment venues — almost any place — into a battleground, with one massacre after another,” said U.S. Rep. Lloyd Doggett, D-Austin.

U.S. Rep. Veronica Escobar, an El Paso Democrat, said some of her constituents who survived the mass shooting there in 2019 are still recovering from their injuries.

“The domestic terrorist who attacked my community was able to do so with a legally purchased assault weapon,” Escobar said. “What was once an unthinkable tragedy — the mass carnage we saw in El Paso — is now commonplace across America.”

[…]

The bill narrowly passed the House on a 217-213 vote as five Democrats joined all but two Republicans in opposing the legislation.

U.S. Reps. Henry Cuellar of Laredo and Vicente Gonzalez of McAllen — two Democrats whom Republicans have targeted in competitive South Texas midterm races — voted against the ban.

Gonzalez said in a statement that he “strongly supports” expanded background checks, waiting periods, red flag laws and a ban on high-capacity magazines.

“But there are tens of millions of assault rifles already in circulation across America, many of them are used by responsible gun owners for hunting in South Texas,” he said. “And a ban on some of those models will do nothing to reduce overall risks.”

The vote comes at the urging of gun safety advocates and survivors and family members of victims of recent mass shootings. Kimberly Rubio, whose 10-year-old daughter Lexi was killed at Robb Elementary School, asked lawmakers to ban the weapons during testimony before the House Oversight Committee last month.

“Somewhere out there, there’s a mom listening to our testimony, thinking, ‘I can’t even imagine their pain.’ Not knowing that our reality one day will be hers,” Rubio said. “Unless we act now.”

The bill would ban new sales of assault-style rifles and create a voluntary buyback program. It would add new safe storage requirements for existing assault weapons.

Three points of interest here. One, while I would have preferred for Reps. Cuellar and Gonzalez to have voted with the majority, I’m less concerned by such votes when the bill passes anyway. As long as you’re not preventing it from passing, like some Senators I could name, it doesn’t bother me that much. Your mileage may vary on that.

Two, I’m not interested in litigating what the definition of an “assault weapon” is. We’ve had such a ban on the books before, and if this bill is modeled after that law, it’s good enough for me. Including buyback and safe storage provisions are bonuses. I don’t need this law to be perfect, I just need it to have a positive effect.

Which leads to the final point, that Rep. Gonzalez’s complaint that this bill won’t reduce the overall risk is wrong on its face and is wrong in the way that the more sweeping critique of any gun control law that it won’t stop every gun death ever is wrong. I’m not going to make the cyberdefense analogy here again, but that’s the basic idea. It’s fine for each law to focus on one or two specific aspects of the issue. Do that enough and the sum total will be a robust attack on the overall risk level. You can never get the risk to zero, in cybersecurity or public health or climate change or gun safety or national defense or any number of other large multi-faceted threats. But you can significantly lower your risk and improve your ability to respond effectively when something unwanted happens. We do this all the time in many other fields, and making the “we shouldn’t do this thing because it won’t solve all of our problems” argument in those contexts would mark you as ignoramus. It’s way past time we stopped giving those arguments against basic gun safety laws any credibility. The Trib has more.

Congressional Dems ask Paxton to release Uvalde info

He won’t, because he sucks, but you gotta ask.

Best mugshot ever

Nine Democratic members of the U.S. House from Texas on Tuesday called on Attorney General Ken Paxton to order the release of government records related to the May 24 school shooting in Uvalde that local officials are attempting to withhold.

In a letter, the group said that authorizing the release of records would help the families of victims heal by revealing the full truth about what happened at Robb Elementary School that day. They also said disclosure was important because officials have repeatedly changed their story about law enforcement’s response to the shooting.

“A first step in restoring trust in law enforcement and healing requires transparency from state and local officials,” the letter states. “You have a choice: shine a light on what went wrong to help Uvalde heal or be part of the cover up.”

It is signed by U.S. Reps. Joaquin Castro of San Antonio; Colin Allred and Eddie Bernice Johnson of Dallas; Lloyd Doggett of Austin; Veronica Escobar of El Paso; Sylvia Garcia, Lizzie Fletcher and Al Green of Houston; and Marc Veasey of Fort Worth. Republican U.S. Rep. Tony Gonzales, who represents Uvalde County, declined to join, Castro’s office said.

The city of Uvalde has declined to fulfill any records request from The Texas Tribune since the shooting, even those unrelated to the incident. In Texas, public agencies seeking to block the release of records must forward requests to the attorney general, citing specific exemptions under the Texas Public Information Act.

[…]

The members of Congress who signed the letter also said public officials should not hide behind what is known as the “dead suspect loophole,” an exemption to releasing public records meant to protect individuals who are never convicted of a crime. However, this exemption can also be applied to suspects who have died and thus won’t face prosecution, as is the case with the shooter in Uvalde.

Republican House Speaker Dade Phelan, R-Beaumont, said last month it would be “absolutely unconscionable” for officials to use the loophole to withhold records related to the shooting.

See here, here, and here for some background. That sure was a show of courage from Rep. Gonzales, wasn’t it? As for Paxton, he does six unconscionable things before breakfast, so I would not hold out much hope for him to do something non-hideous here. But as I said, you have to at least put him on the spot about it.

Treasury Department opens investigation into Abbott’s use of federal funds for border mission

Good, though I have a hard time believing there will be any real consequences.

Gov. Greg Abbott’s use of COVID-19 relief dollars to support his border security mission has come under scrutiny in Washington this week as questions grow about whether it’s the proper use of the federal funds.

The U.S. Treasury Department’s inspector general opened an inquiry into the spending on Tuesday, the Washington Post reported. The action came a day after a group of Texas Democrats in the U.S. House called on U.S. Treasury Secretary Janet Yellen to investigate.

Those steps followed a Post analysis of money intended to combat the effects of the pandemic, showing that Texas “leaders rerouted public health and safety funds to their border operations, while relying on federal pandemic funds to replace some of the money.”

Those border operations included Operation Lone Star, a state border security program that Abbott launched in March 2021 to deal with increased border crossings. The initiative involves the deployment of the Texas Department of Public Safety and the Texas Military Department to the border. Abbott has used state resources to patrol the border, build border barriers and arrest migrants for trespassing on private land and then turn them over to immigration authorities.

The state has spent around $4 billion on the operations; the Post has reported that around $1 billion in coronavirus aid was used.

The money came from the Coronavirus Aid, Relief and Economic Security Act, better known as the CARES Act, which had a key provision to support the medical response to the pandemic.

“In exercise of that responsibility … we are currently conducting a review of Texas’s uses of [Coronavirus Relief Fund] monies,” Richard K. Delmar, the U.S. Treasury Department’s deputy inspector general, said to the Washington Post.

[…]

Texas Democratic U.S. Reps. Joaquin Castro of San Antonio and Veronica Escobar of El Paso spearheaded the letter to Yellen asking for her department to investigate the matter.

“It is negligent and irresponsible for Governor [Abbott] to direct additional funding to Operation Lone Star, especially if the funding in question was intended to help Texans rebuild from the pandemic,” the Texas Democrats wrote.

U.S. Reps. Colin Allred of Dallas, Lloyd Doggett of Austin, Marc Veasey of Fort Worth and Sylvia R. Garcia, Al Green, Lizzie Pannill Fletcher and Sheila Jackson Lee of Houston joined in signing the letter.

“As you continue your oversight of the Coronavirus State Fiscal Recovery Funds, we urge you to ensure all states are using these crucial funds for the reasons they were meant to be used,” they continued. “Governor Abbott must not be allowed to use federal coronavirus relief funds to further his political theater at the expense of Texas families.”

I’m happy for this, but let’s be clear that there are no circumstances under which Greg Abbott will be chastened by the outcome of the investigation, and no circumstances under which he will admit to any wrongdoing or make any changes in his behavior, except for the worse. Voting him out is still the only real hope at this point. Daily Kos has more.

2022 primary results: Legislative races

You might start with the Daily Kos rundown of races of interest, which includes all of the Congressional races worth watching.

One of those got an early resolution, as former Austin City Council member Greg Casar declared victory before 9 PM. He had a ridiculous early lead, and was at just under 60% when I wrote this. He was one of the candidates backed by national progressives, and they may go two for two, as Jessica Cisneros was just over 50%, up by about five points in her three-way race with Rep. Henry Cuellar. This one may go to a runoff, and it’s one we’ll all be sick of by the end of March if that happens. Whatever the case, she built on her 2020 campaign, likely with a bit of an assist from the FBI, and if she wins she earned it.

Other open Congressional seat races: Rep. Lloyd Doggett waltzed to an easy and crushing win in CD37. Rep. Vicente Gonzalez, who moved from CD15 to CD34 to succeed Rep. Filemon Vela, was headed to victory there. In CD15, Ruben Ramirez led a more tightly packed field; it’s not clear who might accompany him to a runoff. State Rep. Jasmine Crockett was at around 55% in CD30 early on, and could win without a runoff. I generally like her, but stories like this one about a cryptocurrency super PAC supporting her really makes me scratch my head.

In the two seats that are currently targets for the DCCC, John Lira was in a fairly solid lead in CD23, while it appears that sigh Jan McDowell will be in a runoff in CD24. Derrik Gay, the best fundraiser and the candidate the DCCC has been backing, was in a tight race for second place. Lord help me. Claudia Zapata was in first place and headed for the runoff in CD21, Sandeep Srivastava was winning in CD03, and here in Harris County Duncan Klussman and Diana Martinez Alexander were basically tied in CD38, with a runoff in their future.

On the Republican side: Dan Crenshaw easily won against a couple of no-names in CD02, while Van Taylor was above 50% in his four-way race in CD03. Monica De La Cruz and Mayra Flores were above 50% in CDs 15 and 34, respectively, while Wesley Hunt was winning in the district that Republicans drew for him, CD38. Morgan Luttrell was above 50% in CD08. None of the incumbents who had challengers had any reason to sweat.

In the State Senate, Sen. John Whitmire had a 62-38 lead in early voting over Molly Cook in SD15. Cook lost the race, but I’d say she beat the spread, and if there’s another opportunity in 2024 she’s put herself in good position to take advantage of it. Morgan LaMantia and Sar Stapleton Barrera are one and two, neck and neck, for SD27; that will be a spirited runoff. Titus Benton was leading Miguel Gonzalez 51-49 with about half the vote counted in SD17.

House races of interest in Harris County: Harold Dutton had a 55-45 lead on Candis Houston early on. Alma Allen was headed to victory against two opponents in HD131. Jolanda Jones at about 45% in HD147, with a close race between Danielle Bess and Reagan Flowers for the other runoff spot. Chase West had a four-vote lead over Cam Campbell in HD132 in early voting.

Elsewhere in the state:

HD22 (open) – Joe Trahan was just short of a majority and will face Christian Hayes in the runoff.
HD26 (R held) – Daniel Lee defeated Lawrence Allen.
HD37 (open) – Ruben Cortez and Luis Villarreal in the runoff.
HD38 (open) – Erin Gamez won.
HD50 (open) – James Talarico, who moved over from HD52, won easily.
HD51 (open) – Lulu Flores won.
HD70 (open, new seat, R held, D pickup opportunity) – Too close to call among three candidates.
HD75 – Rep. Mary Gonzalez easily defeated her challenger.
HD76 (open, new D seat) – Suleman Lalani and Vanesia Johnson in the runoff.
HD79 (two Ds paired) – Rep. Claudia Ordaz Perez was leading Rep. Art Fierro.
HD92 (open, new seat, R held, D pickup opportunity) – Salman Bhojani won.
HD100 (open) – Sandra Crenshaw and Venton Jones headed for the runoff.
HD114 (open) – Too close to call among at least three candidates.
HD124 (open) – Josey Garcia won.
HD125 – Rep. Ray Lopez defeated his challenger.

On the R side, the main thing I will note is that former City Council members Greg Travis and Bert Keller will not be in the runoff for HD133.

Note that a lot of this is based on incomplete voting, so there may be some changes as of the morning. I’ll do some followup tomorrow.

January 2022 campaign finance reports: Congress

The filing deadline has passed, the primary lineups are set, and we have a new set of races and candidates to review. As was the case in the past two cycles, I’ll follow the contested primaries as well as the (fewer than before) November races of interest. I’ll drop the former once those contests are settled. The October 2021 reports are here, the July 2021 reports are here, and you can get the links to the previous cycle’s reports from there.

Dan Crenshaw – CD02
Robin Fulford – CD02
Van Taylor – CD03
Keith Self – CD03
Sandeep Srivastava – CD03
Doc Shelby – CD03
Lizzie Fletcher – CD07
Mike McCaul – CD10
Linda Nuno – CD10
Mauro Garza – CD15
John Villarreal Rigney – CD15
Ruben Ramirez – CD15
Roberto Haddad – CD15
Eliza Alvarado – CD15
Monica de la Cruz – CD15
Chip Roy – CD21
Scott Sturm – CD21
Robert Lowry – CD21
Claudia Zapata – CD21
Ricardo Villarreal – CD21
Troy Nehls – CD22
Jamie Kaye Jordan – CD22
Tony Gonzales – CD23
John Lira – CD23
Beth Van Duyne – CD24
Derrik Gay – CD24
Kathy Fragnoli – CD24
Jan McDowell – CD24
Henry Cuellar – CD28
Jessica Cisneros – CD28
Tannya Benavides – CD28
Ed Cabrera – CD28
Willie Vasquez Ng – CD28
Cassandra Garcia – CD28
Abel Mulugheta – CD30
Jane Hope Hamilton – CD30
Jessica Mason – CD30
Jasmine Crockett – CD30
Colin Allred – CD32
Vicente Gonzalez – CD34
Mayra Flores – CD34
Greg Casar – CD35
Eddie Rodriguez – CD35
Rebecca Viagran – CD35
Lloyd Doggett – CD37
Donna Imam – CD37
Wesley Hunt – CD38
Duncan Klussman – CD38
Diana Martinez Alexander – CD38
Centrell Reed – CD38


Dist  Name             Raised      Spent    Loans    On Hand
============================================================
02    Crenshaw     10,302,932  7,639,567        0  4,516,080
02    Fulford          49,692     15,595   15,595     34,097
03    Taylor        1,857,852    652,058  503,192  1,228,292
03    Self            165,608     58,297        0    107,321
03    Srivastava       59,699     49,257   25,000     10,441
03    Shelby                0          0        0          0
07    Fletcher      2,414,235    485,311        0  1,990,020
10    McCaul        1,413,600    643,881        0    777,453
10    Nuno                  0          0        0          0
15    Garza           504,584    162,893  663,201    387,578
15    V Rigney        151,025         26  151,000    150,999
15    Ramirez         108,280     34,054   12,250     74,225
15    Haddad          100,000    100,000        0          0
15    Alvarado         75,035     24,183   29,000     50,851
15    De la Cruz    1,539,153    921,051   13,000    625,607
21    Roy           1,240,412    651,863        0  1,052,131
21    Sturm            47,618     37,869        0      5,728
21    Lowry            39,725     36,227   27,325      3,497
21    Zapata           38,436     34,619        0      4,769
21    Villarreal       25,190     15,048   20,563     10,141
22    Nehls           670,482    322,270    5,726    367,417
22    Jordan                0          0        0          0
23    Gonzales      2,261,907    985,463        0  1,307,803
23    Lira            251,642    195,017        0     56,625
24    Van Duyne     2,035,203    731,839        0  1,371,774
24    Gay             208,661    165,886        0     42,774
24    Fragnoli         28,121     17,328   12,096     10,793
24    McDowell         11,183      5,632        0      5,550
28    Cuellar       1,853,133  1,056,272        0  2,347,334
28    Cisneros        812,072    320,983        0    494,058
28    Benavides        27,177     17,265        0      9,912
28    Cabrera         289,230    112,450  250,000    176,779
28    Ng              137,786     11,436   50,900    126,349
28    Garcia           85,601      2,742        0     82,858
30    Mulugheta       252,713     65,673        0    187,039
30    Hamilton        228,605    157,280    5,014     71,325
30    Mason           199,082    160,217        0     38,865
30    Crockett        101,281     21,094        0     80,186
32    Allred        2,213,564    621,340        0  1,751,646
34    Gonzalez      1,688,731    942,491        0  2,116,732
34    Flores          187,115    128,345        0     58,769
35    Casar           467,579    111,870        0    355,709
35    Rodriguez       251,472     31,134        0    220,338
35    Viagran          47,375      2,286        0     45,088
37    Doggett         635,901    360,138        0  5,476,237
37    Imam            210,983    110,414        0    100,518
38    Hunt          2,039,403    708,280        0  1,555,065
38    Klussman         17,865        385    7,000     17,479
38    Alexander        11,892      6,462        0      5,429
38    Reed             11,377        192    6,496     11,184

Some of these races have a lot of candidates, and in some of those cases I limited myself to people who raised a noticeable amount of money. Most but not all races have both Republicans and Democrats listed – the incumbent is listed first followed by other candidates from that party, if any. In the case of open seats like CDs 15 and 34, I listed the Democrats first since those are Democratic seats.

The two races that the DCCC has focused on as potential pickups are CDs 23 and 24. Leading candidates John Lira and Derrik Gay had raised respectable amounts so far, but if you look at the October reports you can see they didn’t add all that much to their totals. They spent more than they took in over the past three months, not terribly surprising given that they’re in contested races (Lira’s opponent didn’t report anything), but it means they’ll be starting way in the hole. If they don’t pick it up considerably in this quarter it won’t much matter anyway.

I’m a little surprised that State Rep. Jasmine Crockett hasn’t raised more in CD30, as she is the candidate endorsed by outgoing Rep. Eddie Bernice Johnson, but she was only an official candidate in that race for five weeks, so in that context she did pretty well. In the likely event of a runoff, we’ll see what her April report says. On the Republican side, I expected more from Keith Self, who was Collin County Judge and whose candidacy was fueled by the grievance of Rep. Van Taylor voting for the January 6 commission. I guess his buddy Ken Paxton is in no position to lend him a hand right now. Rebecca Viagran is the one San Antonio candidate in a district with two Austin heavyweights duking it out. You’d think that might be a good path to getting into a runoff, but her fundraising doesn’t reflect that.

Donna Imam had been running in CD31 as of the October report, but switched to the new CD37 when her old district became less hospitable. I expect she’ll join a long list of candidates who got their heads handed to them by Rep. Lloyd Doggett, but you don’t know till you try. All of the Dems in CD38 were late filers in the race, so they had less than three weeks to collect cash. If this were 2012, the eventual winner of that primary would struggle to raise more than about $50K over the entire year. This is not a race that Dems have any expectation of winning, but I’ll be interested to see if the nominee here can do better than their long-longshot counterparts from a decade ago. My theory is that after two exciting cycles and a fair amount of engagement and organization, there should be a higher base level of support for candidates like these. We’ll see how dumb that theory turns out to be.

I did not comment on the absurd fundraising total of Rep. Dan Crenshaw last time. I will do so this time: That’s a lot of money. Whatever else you might say about the guy, he’s a fundraising machine. Spends a lot of it, too – I don’t look at the report details, so I can’t say where it’s going. But anyone who can rake it in like that, you have to think he’s got his eye on a statewide run, maybe in 2024 if Ted Cruz makes good his threat to run for President again. He does have three primary opponents, who combined to raise less than $50K. He also occasionally says things that make the most rabid of Trump minions howl with rage, so the possibility exists that he could underperform against that collection of no-names. I would not expect it to amount to anything, but it might provide a bit of fodder for the pundits.

Please watch over the fraudit

Good idea.

A group of Democratic members of Congress from Texas has sent a letter to the Department of Justice requesting that it closely monitor the ongoing election audit in four Texas counties. Last September, Texas Republicans began an audit in Harris, Tarrant, Dallas, and Collin counties at the behest of Donald Trump. The former president urged Gov. Greg Abbott to review the results in spite of the fact that he won the state in an election the Texas Secretary of State’s Office called “smooth and secure.”

“We have serious concern that this audit may be an attempt to invalidate properly cast ballots in the 2020 Presidential election,” read the letter, which was addressed to Assistant Attorney General for the Civil Rights Division Kristen Clarke. We ask that your office closely monitor and work collaboratively with Texas state officials to ensure this audit does not unfairly erode any Texan’s ability to choose their leaders through the ballot box.”

The letter noted particular concern about the new Secretary of State overseeing the audit, John Scott. As an attorney, Scott assisted Trump’s unsuccessful attempt to overturn the election results in Pennsylvania. “This newly announced audit raises serious impartiality and fairness concerns given Mr. Scott’s previous work seeking to invalidate authentic election results and Governor Abbott’s history of peddling false election claims,” read the letter.

The letter was signed by Reps. Colin Allred, Lizzie Fletcher, Filemon Vela, Eddie Bernice Johnson, Veronica Escobar, Sylvia Garcia, Joaquin Castro, Lloyd Doggett, Al Green, and Marc Veasey.

If the DOJ does follow the letter’s request, it won’t be the first time it’s tangled with Texas over its election practices. In November, the DOJ filed a lawsuit against the state for its assault on voting rights.

[…]

The results of the initial phase of the Texas election audit have already been released and, unsurprisingly, they show few issues and no evidence of widespread fraud.

See here for the most recent update. Once more with feeling: There is no reason to trust John Scott. Corner him like a rat in a cage, and do not let anything about this boondoggle get spun. The DMN has more.

The filings I’m still looking for

Today is Filing Deadline Day. By the end of today, we’ll know who is and isn’t running for what. While we wait for that, let’s review the filings that have not yet happened, to see what mysteries may remain.

Congress: Most of the potentially competitive districts have Democratic candidates in them. The ones that remain are CDs 22, 26, 31, and 38, though I have been told there is a candidate lined up for that latter slot. Of the rest, CD22 would be the biggest miss if no one files. I have to think someone will, but we’ll know soon enough.

For open seats, CD15 has five candidates so far, none of whom are familiar to me. CD30 has six candidates, with State Rep. Jasmine Crockett receiving the endorsement of outgoing Rep. Eddie Bernice Johnson. CD34 has six, with current CD15 Rep. Vicente Gonzalez the presumed favorite. CD35 has three serious contenders – Austin City Council member Greg Casar, former San Antonio City Council Member Rebecca Viagran, and State Rep. Eddie Rodrigues – and one person you’ve not heard of. CD37 has Rep. Lloyd Doggett and former CD31 candidate Donna Imam, in addition to a couple of low-profile hopefuls, but it will not have former CD25 candidate Julie Oliver, who has said she will not run.

Democratic incumbents who have primary challengers include Rep. Lizzie Fletcher in CD07 (I’m still waiting to see if Centrell Reed makes some kind of announcement); Rep. Veronica Escobar in CD16 (I don’t get the sense her challenger is a serious one); and Rep. Henry Cuellar in CD28, who gets a rematch with Jessica Cisneros, who came close to beating him last year. The Svitek spreadsheet lists some dude as a potential challenger in CD18 against Rep. Sheila Jackson Lee, but so far no filing. Reps. Al Green, Joaquin Castro, Sylvia Garcia, Colin Allred, and Marc Veasey do not appear to have any challengers as of this morning.

Statewide: Pretty much everyone who has said they are a candidate has filed. Frequent candidate Michael Cooper and someone named Innocencio Barrientez have filed for Governor, making it a four-candidate field. Two Harris County district court judges, Julia Maldonado and Robert Johnson, have filed for slots on the Supreme Court and CCA, respectively. The Svitek spreadsheet lists potential but not yet filed contenders for two other Supreme Court positions but has no listings for CCA. The one potential candidate who has not yet taken action is Carla Brailey, who may or may not file for Lt. Governor.

SBOE: As this is a post-redistricting year, all SBOE seats are on the ballot, as are all State Senate seats. Dems have four reasonable challenge opportunities: Michelle Palmer is running again in SBOE6, Jonathan Cocks switched from the Land Commissioner race to file in SBOE8, Alex Cornwallis is in SBOE12, and then there’s whatever is happening in SBOE11. The good news is that DC Caldwell has company in the primary, if he is actually allowed to run in it, as Luis Sifuentes is also running. I would advise voting for Sifuentes.

There are two open Democratic seats, plus one that I’m not sure about. Ruben Cortez in SBOE2 and Lawrence Allen in SBOE4 are running for HDs 37 and 26, respectively. There are two candidates in 2 and three candidates in 4, so far. Georgina Perez is the incumbent in SBOE1 but as yet has not filed. If she has announced that she’s not running, I have not seen it. There is a candidate named Melissa Ortega in the race.

In SBOE5, the district that was flipped by Rebecca Bell-Metereau in 2020 and was subsequently made more Democratic in redistricting, we have the one primary challenge to an incumbent so far, as a candidate named Juan Juarez has filed against Bell-Metereau. I’m old enough to remember Marisa Perez coming out of nowhere to oust Michael Soto in 2012, so anything can happen here. The aforementioned Perez (now Marisa Perez-Diaz) and Aicha Davis are unopposed so far.

Senate: Nothing much here that you don’t already know. Every incumbent except Eddie Lucio has filed for re-election, and none of them have primary opponents so far. Lucio’s SD27 has the three challengers we knew about, Sara Stapleton-Barrera, State Rep. Alex Dominguez, and Morgan LaMantia. A candidate named Misty Bishop had filed for SD07, was rejected, and has since re-filed for SD04; I’m going to guess that residency issues were at play. There are Dem challengers in SD09 (Gwenn Burud, who has run for this office before) and SD17 (Miguel Gonzalez), but no one yet for SDs 07 or 08.

House: Here’s the list of potentially competitive districts, for some value of the word “competitive”. Now here’s a list of districts on that list that do not yet have a filed candidate:

HD14
HD25
HD28
HD29
HD55
HD57
HD61
HD66
HD67
HD84
HD89
HD96
HD106
HD126
HD129
HD133
HD150

I’m told there’s someone lined up for HD133. We’ll see about the rest.

All of the open seats have at least one candidate in them so far except for HD22, the seat now held by Joe Deshotel. There’s a name listed on the Svitek spreadsheet, so I assume that will be sorted by the end of the day.

Reps. Ron Reynolds (HD27), Ana-Maria Ramos (HD102), and Carl Sherman (HD109) are incumbents who have not yet filed. No one else has filed yet in those districts as well. Svitek has a note saying that Rep. Ramos has confirmed she will file; there are no notes for the other two. There is the possibility of a last-minute retirement, with a possibly preferred successor coming in at the same time.

Here is a complete list of Democratic House incumbents who face a primary challenge: Rep. Richard Raymond (HD42) and Rep. Alma Allen (HD131). Both have faced and turned away such opponents in the past. If there was supposed to be a wave of primary opponents to incumbents who came back early from Washington, they have not shown up yet.

Rep. James Talarico has moved from HD52 to the open HD50 after HD52 was made into a lean-Republican district. Rep. Claudia Ordaz-Perez, the incumbent in HD76, will run in HD79 against Rep. Art Fierro after HD76 was relocated from El Paso to Fort Bend.

Harris County: Again, nothing new here. Erica Davis has not yet filed for County Judge. County Clerk Teneshia Hudpseth is the only non-judicial incumbent without a primary opponent so far.

Far as I can tell, all of the county judicial slots have at least one filing in them, except for a couple of Justice of the Peace positions. George Risner, the JP in Precinct 2, Place 2 (all JP Place 2 slots are on the ballot this year) has not yet filed, amid rumors that he is mulling a challenge to Commissioner Adrian Garcia. Incumbent Angela Rodriguez in JP precinct 6 has not yet filed. No Dem challengers yet in precincts 4 or 8.

Other judicial races: Sorry, I don’t have the bandwidth for this right now. I’ll review it after today.

And that’s all I’ve got. See you on the other side. As always, leave your hot gossip in the comments.

Filing update: Judge Hidalgo makes it official

She has filed for re-election, in case you had thought there was some other possibility.

Judge Lina Hidalgo

Harris County Judge Lina Hidalgo announced her 2022 re-election campaign Friday afternoon as she filed paperwork at the Harris County Democratic Party headquarters.

Although progress has been made during her tenure, Hidalgo said her desire is for the county to continue its momentum on various social issues.

“This community has given so much to us, but we have to do better to remain competitive,” Hidalgo said. “Over the past few years we have done that on flood control, on early childhood education, on putting politics behind people… there is so much left to do.”

The incumbent Harris County judge will run against Republican candidate and Humble ISD School Board president Martina Lemond Dixon, who announced her candidacy on Sept. 22.

There are other candidates out there. Indeed, if you search the filings, Martina Dixon doesn’t appear yet. To be fair, neither does Judge Hidalgo as of Friday, but that may be updated by the time you read this. In my previous update I mentioned Republicans Vidal Martinez and Alexandra Mealer. On Friday, I heard that perennial candidate AR Hassan has filed as well, in the Democratic primary. Let’s just say I’m not worried about Judge Hidalgo’s chances there. If it makes her start campaigning in earnest earlier, that’s fine by me.

I see a new entrant in the race for County Commissioner in Precinct 4, Alief ISD Board President Ann Williams, whose Twitter account is here and whose personal Facebook page is here. I don’t know anything about her besides what I can tell from those sources. Oh, Williams’ colleague on the board Lily Truong has filed in the Republican primary in HD149 against Rep. Hubert Vo.

I don’t usually pay too much attention to the JP and Constable races, but I couldn’t help but notice that there are three people with filings for Justice of the Peace in Precinct 1, Place 2, which is where I am and where incumbent David Patronella presides. All three – Sonia Lopez, Steve Duble, and Victor Lombrana – are Democrats, which makes me wonder if Judge Patronella is retiring and I missed an announcement. Anyone have any ideas?

In Congress, I still don’t see a Democrat running in CD38. Nor do I see any primary challengers for Reps. Fletcher, Green, Jackson Lee, or Garcia. All of which is fine by me, though given that we’re in a post-redistricting cycle and there’s still a week-plus to go, I would not think that’s the final word. The main news of which I am aware is that Donna Imam, who was the Democratic candidate for CD31 in 2020, has announced that she will run in the new CD37 this spring. That will pit her against Rep. Lloyd Doggett, and with all due respect, she will not win. But no one is entitled to a seat, so go forth and good luck.

We now have a couple of Dems listed on the Svitek spreadsheet for Comptroller. One is Tim Mahoney, who ran in 2018 and lost in the primary to Joi Chevalier. Another is Angel Vega, who is a resident of Fort Bend and works in the non-profit industry. The spreadsheet also lists former HD14 candidate from 2020 Janet Dudding, whose campaign webpage has not been updated if she is indeed running. Dudding is a CPA.

Finally, the other news of interest is that Sen. Larry Taylor will not run for re-election. As with pretty much everything else to do with the state Senate, this is almost certain to make it a worse place than it is today.

Taylor chairs the Senate Education Committee and has served in the Legislature since 2003, first as a member of the House. He is also chair of the Senate Republican Caucus.

His decision comes just under two weeks before the candidate filing deadline for the 2022 primary. Within minutes of Taylor announcing his retirement, state Rep. Mayes Middleton, R-Wallisville, announced he had filed for for the Senate seat.

[…]

After news of Taylor’s retirement broke, he told a reporter with the Galveston Daily News that part of his decision was due to Middleton’s interest in his seat. Taylor told the reporter that he tried to dissuade Middleton, but that he is “ready to go and wanting to spend a lot of money.”

Middleton, an oil-and-gas businessman, is the chairman of the conservative Freedom Caucus in the House, where he has been a member since 2019.

I mean, Larry Taylor is your basic cookie cutter Republican. I have nothing nice to say about him, but he doesn’t make me want to scream. Mayes Middleton is a rich guy who primaried out the Republican that had been in HD23 because he wasn’t sufficiently wingnutty. We all need another guy like that in the Senate like we need another hole in the head, but that’s what we’re gonna get.

The filing deadline is December 13, a week from Monday. I’ll check in again as we go.

UPDATE: I am reliably informed that Judge Patronella is running for the County Court bench that Lesley Briones is vacating to run for Commissioner. Also, there are even more Republicans than the ones I’ve listed here that are running for County Judge.

A brief filing update

Just a few observations as we head out of the holiday season and into what I expect will be the busier part of the filing period. I’m using the Patrick Svitek spreadsheet, the SOS candidate filing resource, and the candidate filing info at the harrisvotes.com site for my notes.

– There’s now a fourth candidate listed for Attorney General on the Dem side, someone named Mike Fields, who along with Joe Jaworski has officially filed as of today. I can’t find anything to clarify this person’s identity – there’s no address listed on the SOS page, and Google mostly returned info about the former County Court judge who is now serving as a retired judge and who last ran for office as a Republican. I seriously doubt this is the Mike Fields who is running for AG as a Dem. I know nothing more than that.

– No Dems yet for Comptroller or Ag Commissioner, though I saw a brief mention somewhere (which I now can’t find) of a prospective Dem for the former. I feel reasonably confident there will be candidates for these offices, though how viable they are remains to be seen.

– Nothing terribly interesting on the Congressional front yet. A couple of Dems have filed for the open and tough-to-hold CD15; I don’t know anything about them. State Rep. Jasmine Crockett, in her first term in the Lege, will run for CD30, the seat being vacated by the retiring Rep. Eddie Bernice Johnson, who has endorsed Crockett for the primary. That race will surely draw a crowd, but having EBJ in her corner will surely help. No incumbents have yet drawn any primary challenges, though Reps. Vicente Gonzalez (now running in CD34) and Lloyd Doggett (now running in CD37) will have company for their new spots. I am not aware of any Dem yet for the new CD38, which should be Republican at least in the short term but which stands as the biggest prize available for Harris County Democrats.

Michelle Palmer has re-upped for SBOE6, which will be a tougher race this time around. I’m working on a post about the electoral trends for the new SBOE map.

– Sara Stapleton-Barrera and Morgan LaMantia have filed for the open SD27 Senate seat; Rep. Alex Dominguez has not yet filed. Nothing else of interest there.

– For the State House, I’m going to focus on area districts:

HD26 – Former SBOE member Lawrence Allen Jr, who ran in the 2020 primary for this seat, has filed.

HD28 – Eliz Markowitz still has an active campaign website and Facebook page, but I don’t see anything on either to indicate that she’s running again. One person who is running though he hasn’t filed yet is Nelvin Adriatico, who ran for Houston City Council District J in 2019.

HD76 – The spreadsheet lists four candidates so far. Two ran in 2020, Sarah DeMerchant (the 2020 nominee) and Suleman Lalani (who lost to DeMerchant in the primary runoff). Two are new, Vanesia Johnson and James Burnett. This new-to-Fort-Bend district went 61-38 for Joe Biden in 2020, so the primary winner will be heavily favored in November.

HD132 – Chase West has filed. He’s not from the traditional candidate mold, which should make for an interesting campaign. This district was made more Republican and is not the top local pickup opportunity, but it’s on the radar.

HD138 – Stephanie Morales has filed. This is the top local pickup opportunity – the Presidential numbers are closer in HD133, which does not yet have a candidate that I’m aware of, but it’s more Republican downballot.

HD142 – Jerry Davis is listed on the Svitek spreadsheet as a challenger to Rep. Harold Dutton. He hasn’t filed yet, and I don’t see any campaign presence on the web yet. That’s all I know.

HD147 – I am aware of a couple of candidates so far to fill the seat left vacant by Rep. Garnet Coleman’s retirement. Nam Subramaniam has filed. HCC Trustee Reagan Flowers sent out a press release over the weekend stating her intention to run. I would expect there to be more contenders for this open seat.

– For Harris County offices, there are already some people campaigning as challengers to incumbents. Carla Wyatt is running for Treasurer, Desiree Broadnax is running for District Clerk. On the Republican side, former District Clerk Chris Daniel has filed for his old office, and someone named Kyle Scott has filed for Treasurer. There are no Democratic challengers that I can see yet for County Clerk or County Judge, though there are a couple of Republicans for County Judge, Vidal Martinez and Alexandra Mealer. Finally, there’s a fourth name out there for County Commissioner in Precinct 4, Jeff Stauber, who last ran for Commissioner in Precinct 2 in 2018 and for Sheriff in 2016, falling short in the primary both times.

So that’s what I know at this time. Feel free to add what you know in the comments. I’ll post more updates as I get them.

October 2021 campaign finance reports: Congress

Another three months have passed, and so we review the Congressional finance reports again. I fear these reports are about to get a lot more boring post-redistricting, but for now we will plow onward. The July 2021 reports are here, and you can get the links to the previous cycle’s reports from there.

Dan Crenshaw – CD02
Van Taylor – CD03
Keith Self – CD03
Lance Gooden – CD05
Kathleen Bailey – CD05
Charles Gearing – CD05
Lizzie Fletcher – CD07
Morgan Luttrell – CD08
Mike McCaul – CD10
Vicente Gonzalez – CD15
Monica de la Cruz – CD15
Chip Roy – CD21
Troy Nehls – CD22
Matthew Berg – CD22
Tony Gonzales – CD23
John Lira – CD23
Beth Van Duyne – CD24
Derrik Gay – CD24
John Carter – CD31
Donna Imam – CD31
Colin Allred – CD32
Rochelle Garza – CD34
Lloyd Doggett – CD37
Wesley Hunt – CD38


Dist  Name             Raised      Spent    Loans    On Hand
============================================================
02    Crenshaw      8,166,421  5,789,903        0  4,229,232
03    Taylor        1,440,084    348,042  518,792  1,114,539
03    Self                  0          0        0          0
03    Srivastava       25,770     23,560   25,000     27,210
05    Gooden          323,801    340,897        0    435,438
05    Bailey          191,055     41,210  175,000    149,844
05    Gearing         204,350     49,993        0    154,356
07    Fletcher      2,036,541    300,422        0  1,797,215
08    Luttrell        737,201     72,489        0    664,712
10    McCaul        1,064,632    378,327        0    694,038
15    Gonzalez      1,323,008    553,704        0  2,139,796
15    De la Cruz      980,432    565,849   13,000    422,088
21    Roy             970,732    506,014        0    928,301
22    Nehls           472,116    200,570    8,700    290,751
22    Berg            125,028    107,807    5,100     17,221
23    Gonzales      1,672,722    545,202        0  1,158,878
23    Lira            209,147    138,544        0     70,602
24    Van Duyne     1,542,073    519,647   20,000  1,090,836
24    Gay             146,454     68,596        0     77,857
31    Carter          607,121    320,931        0    486,595
31    Imam            113,582     17,346        0     96,186
32    Allred        1,885,946    453,968        0  1,591,400
34    Garza           200,134     55,741        0    144,393
37    Doggett         400,081    252,958        0  5,352,597
38    Hunt          1,026,844    203,946        0  1,046,839

Some new names on the list this quarter, Sandeep Srivastava in CD03, Kathleen Bailey in CD05, and Rochelle Garza in CD34. Charlie Gearing had originally announced as a candidate in CD05 but has since switched to HD114 after the final Congressional map drew him out of CD05. Other now-former candidates for Congress include State Rep. Michelle Beckley and Manor mayor Larry Wallace, who suspended their campaigns in CDs 24 and 10 respectively after concluding those districts were too inhospitable to a challenge.

That’s why I said that these reports may be pretty boring from here on. These districts were not drawn to foster competition. A quick look at the 2018 and 2020 electoral data, which is now available, tells the story. Only CD15, in which Democratic incumbent Vicente Gonzalez may run for CD34 instead, and the ever-popular CD23 are reasonably close to even. The Republicans intended to make the last two cycles the exceptions, and at least at first glance they appear to have succeeded. We’ll get some new map optimism in 2022, and we may see that the dynamism of the state’s population plus the continued effects of the Trump debacle will change the perception of some districts, but all that remains to be seen.

In the meantime, we’re mostly looking at primary races. Rep. Van Taylor in CD03 is lousy, but because he voted for the January 6 commission, he’s drawn a pro-insurrection opponent. Keith Self is the former Collin County Judge and a longtime crony of Ken Paxton – indeed, the ongoing effort to screw the Paxton special prosecutors out of their pay was initiated by Keith Self. If Rep. Gonzalez does shift to CD34, we’ll need someone to try to hold onto CD15, which I tend to think may not be that big a deal, but will likely be uphill. Rep. Lloyd Doggett is the big dog in CD37, but former CD25 candidate Julie Oliver has filed there, and could make things interesting. There are now multiple Dems looking at CD35, and I’ll be very interested in seeing their reports in January. We still don’t know if Rep. Eddie Bernice Johnson will run again in CD30. I’m sure a few more incumbents on both sides will draw a challenger or two.

And that’s where we are today. Filing season is almost upon us, and I expect we’ll see some interesting names pop up here and there. Someone in Houston is going to file for CD38 as a Democrat, if only because it’s now the shiniest prize out there for a Dem. I’m hoping we’ll find that the 2020 numbers in these districts overstate Republican strength and thus make the 2024 elections more attractive, but that’s wishing and hoping right now. We’re not going to see the kind of money raised for Congressional races in Texas that we have seen these past four years. My advice would be to spend your political donation dollars on our statewide candidates, especially for Lieutenant Governor and Attorney General. We’ve more than proven we can raise money for Democratic candidates in Texas. We just need to be strategic about it.

Comings and goings

Rep. Lloyd Doggett will run in a new district again.

Rep. Lloyd Doggett

Longtime U.S. Rep. Lloyd Doggett, D-Austin, has decided to run for reelection in Texas’ 37th Congressional District, opting to vie for one of Texas’ two new congressional districts — a bright-blue seat concentrated in Austin — rather than his current district, which reaches down to San Antonio.

Doggett announced the decision Sunday in an email to supporters and then shared it in person Monday outside Bryker Woods Elementary School in Austin.

“Nobody, me included, has any entitlement to public office, but Bryker Woods does issue reports cards,” Doggett said, “and I’m ready for my neighbors to grade my service in Congress and my devotion to the families of this city.”

Doggett currently represents the 35th Congressional District, which runs from Austin down along Interstate 35 to San Antonio. The proposed 37th District is far more compact, contained almost entirely within Travis County, home to Austin. Both are currently safely Democratic districts — and likely to remain so after redistricting.

[…]

Doggett also survived the last round of redistricting by switching districts, changing to the 35th District, which was new at the time. It was drawn to be a Hispanic-majority district, and Doggett faced a primary against then state Rep. Joaquin Castro of San Antonio. But Castro ultimately ran for the San Antonio-based 20th Congressional District after its Democratic incumbent, Charlie Gonzalez, announced his retirement.

Doggett’s chances of reelection in the new district are high. He has served in Congress since 1995 and a built a massive campaign war chest, totaling $5.4 million as of Sept. 30.

Doggett’s decision to run in CD-37 means there will be an open seat in CD-35.

Potential Democratic candidates for the 37th District have included state Rep. Gina Hinojosa of Austin and Wendy Davis, the former Fort Worth state senator and 2014 gubernatorial nominee who unsuccessfully challenged U.S. Rep. Chip Roy, R-Austin, last year.

Doggett was first elected in what was then CD10. In the DeLay re-redistricting of 2003, he moved to what was then CD25, then into CD35 as noted. I’m just going to leave this here:

Someone needs to start a project to track down everyone who has been continuously represented by Lloyd Doggett since 1995.

Rep. Doggett may or may not get some real competition for CD37. I’d make him a heavy favorite against pretty much anyone. As for CD35, that will likely draw a crowd.

Progressive firebrand and Austin City Council Member Greg Casar is likely to run for Congress in Texas’s 35th District, he told the Texas Observer in an interview.

“It’s very likely that I’m running,” says Casar, who has formed an exploratory committee to examine a run for the district that runs from Austin to San Antonio. “The maps haven’t been signed into law yet, but shortly after they are, I will make things much more official.”

[…]

The prospect of a newly open seat in a heavily Democratic majority-minority district sets the stage for a potential primary battle.

State Representative Eddie Rodriguez, who’s served in the Legislature since 2003, is reportedly “taking a hard look” at a run for the 35th; his southeast Austin state House district sits almost entirely within the new 35th boundaries. Also, longtime San Antonio Representative Trey Martinez Fischer requested that lawmakers draw him into the 35th, indicating that he may also run. Claudia Zapata, a progressive activist in Austin, is currently the only officially declared candidate. Casar’s home and his north-central council district are in the 37th, right along the border with the 35th.

That story is all about CM Casar, and you can read it if you want to know more about him. I’m mostly interested in the name game at this point.

Moving along, we will have a new open State House seat in Bexar County.

State Rep. Lyle Larson, R-San Antonio, who bucked his party on a number of major issues this year, announced Wednesday he will not seek reelection.

In an email to constituents, Larson said he was following through on legislation he has repeatedly introduced that imposes a term limit of 12 years on any elected official at the state level.

“As a strong proponent of term limits, will follow the limits we previously proposed in this legislation,” Larson wrote.

Larson was first elected in 2010 to represent House District 122 in the San Antonio area.

He had been increasingly expected to pass on a 2022 reelection campaign as he grew disillusioned with his party and potential GOP candidates lined up for his seat. Larson was the only Republican to oppose the GOP’s priority elections bill that led House Democrats to break quorum this summer. He also was the only Republican to vote against legislation that Republican supporters argued would crack down on the teaching of critical race theory in Texas classrooms. More recently, he filed a long-shot bill during the current special session to provide rape and incest exemptions for Texas’ new near-total abortion ban, despite previously voting for it.

Rep. Larson, who had been targeted by Greg Abbott in the 2018 primary, was sure to draw challengers this primary as well. He’s also now got his 12 years in, which means he’s fully vested in the pension. That’s always a propitious time to pull the plug. As noted before the current HD122, which began the decade as the most Republican district in Bexar County, has moved sharply towards Democrats. It was also significantly changed in redistricting, and was made more red than it had been in 2020, but could still be competitive in the near future. Maybe if a more wingnutty Republican wins, that timetable could move up.

Also moving districts due to the new map:

State Rep. James Talarico, D-Round Rock, announced Wednesday he is moving to run for reelection in a different House district because his current district is being redrawn to be more favorable to Republicans.

Talarico said he would run in nearby House District 50, where the Democratic incumbent, Celia Israel, is not seeking reelection as she prepares to run for Austin mayor. He announced the new campaign with the support of the biggest names in Democratic politics in Texas, including Beto O’Rourke, Wendy Davis and Joaquin Castro.

Talarico currently represents House District 52, which is set to become redder in redistricting — going from a district that President Joe Biden won by 10 percentage points to one that Donald Trump would have carried by 4. HD-50, meanwhile, is likely to remain solidly blue after redistricting.

[…]

Whether Talarico can avoid a competitive primary for HD-50 is an open question. Earlier Wednesday, Pflugerville City Councilman Rudy Metayer announced he was exploring a run for the seat. Metayer is also the president of the Texas Black Caucus Foundation, and he released a list of supporters topped by two of the state’s most prominent Black politicians, state Sens. Borris Miles of Houston and Royce West of Dallas.

HD-50 is more diverse than the district Talarico, who is white, currently represents. In a series of tweets announcing his new campaign, Talarico prominently highlighted how he “call[s] out White supremacy on the floor,” a reference to his outspoken advocacy against Republican legislation aiming to restrict the teaching of “critical race theory” in Texas classrooms.

Talarico was part of the over 50 House Democrats who broke quorum this summer in protest of the GOP’s priority elections bill, though he was part of the first several to return, causing friction with some in his own party.

See here for more on Rep. Israel. I have to think that HD52 will still be attractive to someone on the Democratic side; that person may have a harder time of it than Rep. Talarico, but a 4-point Trump district is hardly insurmountable, and I’d bet on further change in a Dem direction. As for Talarico, I’ll be very interested to see how big a deal his coming back in the first wave from the quorum break is in his primary. I’m sure the subject will come up.

Closer to home:

State Rep. Dan Huberty, R-Houston, announced Tuesday he will not seek another term to the Texas House.

Huberty, who has represented House District 127 since 2011, said in a statement that “it is time for new opportunities in life.”

“I have thought long and hard about this decision,” Huberty said. “It’s been an honor to represent the people and communities of District 127 at the Texas Capitol, and I’m proud of the work our team has accomplished.”

During the 2019 legislative session, Huberty helped spearhead reforms to the state’s school finance system, which included $6.5 billion to improve public education in the state and pay teachers, plus $5.1 billion to lower school district taxes.

Huberty said Tuesday that his “interest in and passion for public education remains at my core” and said he believed that the school finance reform legislation from 2019 “will have a lasting impact for the school children of Texas for a long time to come.”

Another fully-vested-in-the-pension guy. Funny how those things work out. Rep. Huberty, like several of his colleagues, is one of those increasingly rare serious-about-policy types, who has done some good work with public education. As his district remains pretty solidly Republican, at least in the foreseeable future, the best we can hope for is someone who isn’t a total clown emerging from the Republican primary. Say a few Hail Marys and toss some salt over your shoulder.

And speaking of Republicans with policy chops, this was not unexpected but is still bad.

Amarillo state Sen. Kel Seliger, a Republican who often butted heads with Lt. Gov. Dan Patrick and was known to be a key swing vote for his party, will not seek reelection.

“After thoughtful consideration and with the reassurance of my family, including my new very vocal granddaughter, I have decided not to be a candidate for re-election to the Texas Senate,” Seliger said in a statement. “I am forever grateful for my family, supporters, staff, and those who. have worked on my behalf since 2004. Thank you for placing your trust in me as your Texas State Senator.”

Seliger said he will serve out the remainder of his term, which ends in January 2023. He has represented Senate District 31, which covers the Panhandle, South Plains and the Permian Basin, since 2005. Prior to that, he served four terms as mayor of Amarillo.

In the Legislature, Seliger was known as an advocate issues of public education, higher education and local control. He led the Senate Higher Education Committee for three sessions between 2013 and 2017. But as parts of the Republican Party in Texas shifted toward support of private school vouchers and against policies passed in Democrat-leaning municipalities, Seliger was often criticized for not supporting those stances and derided as a “liberal.”

[…]

As recently as Monday, Seliger was still breaking with Republican leadership in what he said was deference to his constituents. He was one of the only Republicans in office who openly opposed legislation to ban employers from requiring COVID-19 vaccines, saying the proposal, pushed by Gov. Greg Abbott, was “anti-business.” Earlier in the 30-day special session, Seliger was the sole GOP vote in the Senate against a bill that would clear the way for party officials to trigger election audits. Seliger reportedly said he opposed the legislation because it is an “unfunded mandate of the counties, and I’m opposed to big government.”

His maverick streak led to frequent conflict with Patrick, a conservative firebrand who presides over the Senate. In 2017, Seliger voted against two of Patrick’s legislative priorities: a bill restricting local governments’ abilities to raise property tax revenues and another one providing private school vouchers. The next session, Patrick stripped Seliger of his chairmanship of the Higher Education Committee prompting a back and forth with Patrick’s office that escalated to Seliger issuing a recommendation that a top Patrick adviser kiss his “back end.” (Seliger ultimately apologized, but only for directing the comment at the adviser and not at Patrick himself.)

There used to be a lot of Kel Seligers in the State Senate, and in the Republican Party. Now they run the gamut from Joan Huffman to Bob Hall, and the next person to be elected in SD31 is almost certainly going to be on the Bob Hall end of that spectrum. We sure better hope we can beat Dan Patrick next year.

Finally, here’s a non-legislative vacancy that may have an effect on the House delegation in 2023.

The race for Bexar County judge is wide open as the 2022 election approaches.

Bexar County Judge Nelson Wolff confirmed last week that he would not seek reelection next year. Wolff has served as the county’s leader since 2001. Local political scientists say they expect a packed Democratic primary, though the number of officially declared candidates currently sits at zero.

So far, only state Rep. Ina Minjarez has publicly announced interest in the seat; she tweeted that she was exploring a run after Wolff announced his decision not to run again.

“I’ve received countless calls from community members for me to consider running for Bexar County Judge; with today’s news I’ve decided to form an exploratory committee,” she wrote on Oct. 6.

Rep. Minjarez was the only legislator mentioned in that story, but County Judge is a pretty good gig, so others may check this out. Being a County Judge is also a decent stepping stone to higher office, if that’s on one’s path. I will keep an eye on that.

With the mapmaking done, I expect we’ll start to hear about more people getting in, getting out, and moving over. And the January finance reports are going to tell us a lot. Stay tuned.

You can’t use that money for your stupid wall

So say Democratic members of Congress from Texas, and they’re asking the Treasury Department to back them up.

Rep. Lloyd Doggett

Texas Democrats in Congress are irate that Gov. Greg Abbott can divert federal funds intended for COVID-19 relief to build a border wall. On Monday, they asked Treasury Secretary Janet Yellen to step in and block the state from using any of its $15.8 billion windfall for this “costly monstrosity.”

“We are concerned by the prospect of Texas Governor Greg Abbott’s potential misuse of these funds to continue the misguided plans of President Trump to extend a wall along the border between Texas and Mexico,” the 13 Texas lawmakers wrote.

Abbott announced a $250 million “down payment” on June 16 for Texas to build its own border wall, using funds from the state prison budget.

That’s one-tenth of the annual prison budget, but law and order allies seemed unconcerned. In March, Congress approved $1.9 trillion for pandemic relief, including $350 billion for state and local governments to use in almost any way they want, other than tax cuts or deposits to a pension fund.

Abbott’s office does not dispute that he intends to backfill the prison budget using the pandemic relief funds, though he hasn’t touted that aspect of his plan.

[…]

Rep. Lloyd Doggett of Austin circulated the letter among fellow Texas Democrats in the House.

“Just as he unsuccessfully tried to steal federal education money from our schools, I would not be surprised if Abbott tries to divert other federal recovery funds from Texans” to project toughness on border security ahead of his reelection bid next year, Doggett said.

In the letter to Yellen, the Texans argue that the federal relief fund was meant to help states provide “premium pay to essential workers, assistance for small businesses, public health measures to respond to COVID-19, and investments in government services, including public facilities and infrastructure.”

Not a single Republican in the House or Senate supported the $1.9 trillion package, which makes it even more galling to Democrats that the largesse could subsidize more border wall.

Treasury is finalizing rules on exactly how states can spend the funds.

The Texans asked the department to make clear “that these Recovery Funds cannot be used for a border wall, fence, or similar installation. This rule should also be clear that this prohibition cannot be subverted by accounting tricks that use Recovery Funds to supplant state funds, which are then used to construct a wall.”

While the $250 million Abbott shifted from the Texas Department of Criminal Justice isn’t enough to build more than “a token, symbolic portion of this costly monstrosity,” the Democrats wrote, “it certainly should not be paid for directly or indirectly with federal Recovery Funds in defiance of President Biden’s direction to cease wall construction.”

Here’s the letter, which was signed by all 13 Congressional Dems from Texas. This seems like a pretty clear case to me, and I would have a hard time seeing why Secretary Yellin would say no to this. That said, this will surely draw a lawsuit from Abbott and Paxton, so we should make sure there’s legal ground to stand on. Assuming there is, then by all means block this money grab. Let Abbott crowdfund his way out of this; he’s got a long way to go at this rate. The Chron and the Current have more.

The overlooked Congressional race

There are ten Congressional races involving Republican-held seats that are seen as competitive. Nine of them have gotten a fair amount of attention. The tenth is CD06, and the Texas Signal steps in to fill the gap.

Stephen Daniel

The race in the Texas sixth congressional district between challenger attorney Stephen Daniel and incumbent Rep. Ron Wright has been chugging along, under the radar from other clashes in the state. However, many pundits have looked at the district, which includes parts of Arlington, as well as Waxahachie and Corsicana, and have proclaimed it’s a sleeper for flipping, something Daniel himself sees in the final weeks of the campaign.

In 2018, Jana Lynne Sanchez ran for the seat. It was the first time in years a serious Democratic challenger had entered into the race. In the documentary film Surge, which recently premiered in Texas at the Dallas International Film Festival and is airing on Showtime, filmmakers chronicle the battle Sanchez endured to raise money and to get people interested in a race many deemed out of reach.

Sanchez came within seven points of Wright. Two years later, several polls are showing an even tighter race between Daniel and Wright, a combative Texas conservative and the former Chief of Staff to Rep. Joe Barton, who retired from the seat after explicit photos appeared on social media. Wright was recently hospitalized after complications from lung cancer treatment.

Wright has said that women who have abortions have committed murder and should be jailed. As a former columnist for the Fort Worth Star-Telegram, he said that “white males are the only species without some form of federal protection.” Like most Republicans in Congress, he supports dismantling the Affordable Care Act. Texas currently leads the nation in the number of uninsured, and since the COVID-19 pandemic, more than 650,000 Texans have lost their health insurance.

Access to healthcare prompted Daniel to enter into the race against Wright. In an interview with the Texas Signal, he spoke about his background growing up in a small town and being the first person in his family to go to college. “There’s a lot of people who flat out can’t afford healthcare,” said Daniel.

[…]

Like every campaign, Daniel and his team had to adjust to the pandemic era. He misses the in-person experience of block walking, where he could personally connect with voters. He particularly enjoyed campaigning alongside statehouse candidates. There are five competitive races in the sixth congressional district. Now, that campaigning has moved to Zoom and other virtual settings.

Daniel is optimistic. “The path to turning Texas blue goes through Texas sixth [district],” he said. Nearly seventy percent of the voting bloc in the district is in Arlington and Tarrant county. He sees firsthand how voters in the district are changing. The DCCC recently added the race to their Texas target list.

There was one poll of this race, done by the DCCC back in June, that had Wright up by four points, 45-41. The DCCC Executive Director mentioned CD06 as a race to watch a couple of weeks ago, for whatever that means. Daniel has been a modest but decent fundraiser who would need some help to get a boost. (I have not heard anything about his Q3 report as yet.) I should note that Beto lost CD06 by a 51.2 to 48.0 margin, which made it closer than the more-touted CDs 03 (51.3 to 47.9) and 25 (52.1 to 47.0), with that pattern holding true for other races as well. I don’t know exactly why CD06 has gotten less attention than the other races – Daniel was unopposed in the primary, so there hasn’t been much to report on – but that’s the way it is sometimes. However you want to look at it, this is a race to keep an eye on.

On a side note, seven of the ten Democratic candidates in those competitive races are women. Daniel, along with Mike Siegel in CD10, is vying to join Rep. Lloyd Doggett as the white Democratic Congressmen from Texas. I believe the last time there were as many as three white male Democratic members of Congress from Texas was 2009-10, when then-Reps. Chet Edwards and Gene Green were still serving. Nick Lampson had been there in the prior session, in that election where Tom DeLay withdrew and the Republicans ran Shelley Sekula Gibbs as a write-in, but he lost to Pete Olson in 2008. Edwards was wiped out in 2010, and Green retired prior to the 2018 election.

Riddle me this, Governor

Parody is dead.

Bexar County Judge Nelson Wolff issued a new executive order Wednesday that mandates face coverings for the general public and directs businesses to require employees and customers to wear them in situations where social distancing is not feasible.

The order requires all “commercial entities” in Bexar County to implement a health and safety policy that includes mandatory face coverings in situations involving close contact with others. Failure to implement the policy by Monday could result in a fine up to $1,000, according to the order.

Wolff’s order, which comes amid a surge in positive coronavirus cases and patients hospitalized with COVID-19, seems to clash with that of Gov. Greg Abbott, who said in April that no local jurisdictions would be able to fine or jail people for not wearing a face covering. Download Wolff’s order here.

“Judge Wolff’s order is not inconsistent with the Governor’s executive order,” John Wittman, a spokesman for Abbott, told the Texas Tribune. “Our office urges officials and the public to adopt and follow the health protocols for businesses established by doctors” that are available online.

Under the new order, an individual couldn’t be fined for failure to wear a mask, but businesses can be penalized for failing to implement face-covering policies. Though the County order is “pushing the legal bounds” against the state order, Bexar County attorneys say they can defend it in court, Wolff said at a news conference.

“We cannot rely on the state to do what needs to be done,” said Bexar County District Attorney Joe Gonzales, who joined Wolff at the news conference.

In an interview with KWTX-TV in Waco, Abbott said Wolff has “finally figured” out what locals can do with masks under statewide order: “Government cannot require individuals to wear masks. However, pursuant to my plan, local governments can require stores and business to require masks.”

“Local governments can require stores and business to require masks. That’s what was authorized in my plan,” Abbott added. “Businesses … they’ve always had the opportunity and the ability, just like they can require people to wear shoes and shirts, these businesses can require people to wear face masks if they come into their businesses. Now local officials are just now realizing that that was authorized.”

State democrats took issue with Abbott’s lack of clarity.

“If only the Governor had been clear all along that his executive order was a riddle for counties and cities to solve,” Rep. Lloyd Doggett (D-San Antonio) said in an email to the Rivard Report. “Earlier today, I urged him to unshackle local leaders by restoring their authority to set rules essential to protecting public health; I hope he continues on this path.”

Apparently, Greg Abbott has been channeling the Sphinx all this time. Who knew? Maybe there’s also some buried treasure out there, waiting for someone to decipher all the clues in his public statements. I can’t do this justice, so let me outsource some of the snark to a conservative talk radio host:

Perhaps if the original executive order – you know, the one Abbott soon after abandoned in a panic following the outcry from disaffected mullet-wearers – had included the instructions to click our heels together three times, we might have figured it out sooner. Lesson learned for the future, I suppose.

Anyway. Now that we have apparently leveled up, Harris County Judge Lina Hidalgo is considering a similar order, which I hope she follows through on. I for one am never going to get over this particular piece of idiocy.

Trib overview of the CD10 primary

I have three things to say about this.

Mike Siegel

When Mike Siegel made a long-shot bid to unseat U.S. Rep. Michael McCaul, R-Austin, two years ago, few were watching — until he surprised political observers and came within 5 points of flipping the longtime Republican seat. Now the seat is up for election again, and national Democrats are paying attention.

Siegel’s 2018 result means the 10th Congressional District, which stretches from metro Austin to the northwest outskirts of Houston, is finally considered in play after a 2003 redistricting left it deeply gerrymandered and solidly red. Many more eyes are now on the race, including the Democratic Congressional Campaign Committee’s. But for Siegel, that has translated to tougher competition.

A former lawyer for the city of Austin, Siegel is vying for the Democratic nomination along with two newcomers: labor and employment lawyer Shannon Hutcheson and physician Pritesh Gandhi, both also from Austin.

A primary runoff is likely in TX-10, but with two weeks to go until Super Tuesday, it’s still uncertain who will make the cut. Siegel and his supporters put the district “on the map” last cycle after “the state and national party had left [it] for dead,” Siegel told The Intercept in June.

“People across this district remember me for showing up when for decades Democrats hadn’t really shown up, in some of these rural communities in particular,” Siegel told The Texas Tribune. “They appreciate that we brought this race so close without a lot of outside support.”

Siegel faced even more primary opponents in 2018 but won the nomination relatively easily. He garnered more than double the votes of each of his opponents in the first round of voting and went on to win the runoff by nearly 40 percentage points.

But Siegel holds views that might raise questions about whether he’s the right candidate to flip a traditionally red district. Because he is the most progressive candidate and the only one who supports “Medicare for All” and the Green New Deal, his bid could be seen as a riskier choice to challenge McCaul in the historically Republican district.

Hutcheson and Gandhi have taken more moderate positions, and each is getting some national support. Hutcheson has been endorsed by EMILY’s List, the influential group that works to elect Democratic women who support abortion rights. Gandhi, meanwhile, has the backing of 314 Action, which backs scientists running for office.

Fundraising in the primary has been competitive, especially between Gandhi and Hutcheson. In the fourth quarter, Gandhi and Hutcheson raised $257,000 and $216,000, respectively, while Siegel has trailed behind with $96,000. This was the first quarter Gandhi out-raised his opponents.

1. I feel like we all need to aim for a higher level of precision when we use the word “gerrymandering”. A district that heavily favors one party is not necessarily “gerrymandered”. The old, pre-2003 CD10, which was a nice, compact, entirely-within-Travis-County district, was a safe Democratic seat and not at all “gerrymandered”. CD13, which hews almost entirely to state and county borders and is ridiculously Republican, is almost the exact opposite of “gerrymandered”. A funny-looking district isn’t necessarily “gerrymandered”, either. CD18 is an African-American opportunity district, and has been drawn the way it is to encompass many African-American neighborhoods. For sure, Texas is a longtime and notorious hotbed of gerrymandering, and we should expect more of it in 2021. But context matters, and it would be helpful to have a clear idea of why a particular district’s boundaries are offensive or illogical or just plain nakedly partisan, if only to pick the right battles.

The current CD10 was certainly drawn with ill intent, partly to defenestrate Lloyd Doggett (oops) and partly to deprive the city of Austin of representation. The irony here is that, at least based on the 2018 election, the end result was to conjure up a fairly competitive district, which was not at all what the Republicans had in mind. A combination of booming growth in Travis County, and a one-two punch of demographic change and Trump-inspired suburban shifting in Harris County – compare CD10 2012 and CD10 2018 to see the effect – has worked to threaten what Tom DeLay once envisioned. None of that undoes the malice in the map, but it does show that the best-laid plans can (maybe) be undone by sufficiently rapid increases in population and diversity.

2. It’s important to remember, though, that as hard as CD10 swung towards Democrats in 2018, it was not at all clear it would be as competitive as it turned out to be following the 2016 election. Trump still carried CD10 by a 51.9 to 42.8 margin, and no other Democrat reached 40% in the district. As the 2018 cycle went on, and it became clear what the political environment was like, it made sense to put some resources into longer-shot districts like CD10. Mike Siegel did raise almost $500K in the 2018 cycle, which sounds like nothing now but was one of many record-breaking hauls at the time. He was also on the low end of the spectrum, raising less money than candidates like Julie Oliver and Jana Lynne Sanchez. The DCCC has to make choices about where it spends its money, and CD10 wasn’t at the top of the list in 2018. Maybe a million bucks or two dropped on that district might have helped, who knows. I don’t think it was outrageous the way priorities were made last cycle .

3. Siegel is doing better on fundraising this time around – as of the January 2020 report, he had almost matched his entire total from the 2018 cycle. It’s just that this time, he has opponents who are doing even better on that score. Several repeat candidates from 2018 are far outpacing their opponents in fundraising – Gina Ortiz Jones, Sri Kulkarni, Julie Oliver – but Mike Siegel is not in that class. He can very much win this primary, and whoever does get the nomination will justifiably have establishment support going forward. He happens to have drawn strong opponents this year. That’s the way it goes.

After-deadline filing review: Congress

Let’s continue our walk through the filings. I’m going to take a look at some of the interesting Congressional races, skipping over the ones we just looked at.

CD01: It’s still not remotely competitive, but I once again want to salute Hank Gilbert for fighting the good fight against the preposterous Louie Gohmert. Seriously, if you saw a character based on Gohmert in a TV show or movie, you’d be complaining about what an insulting and outdated stereotype of a Texan he was. If only. Anyway, Hank’s candidacy is a reminder that good people do exist everywhere, and that Louie Gohmert is also complicit in Trump’s Ukraine-related crimes.

CD03: In the end, Tanner Do did file, joining Sean McCaffity and Lulu Seikaly. Not a top tier race, but on the radar.

CD17: Rick Kennedy is running again. He’s joined in the primary by David Jaramillo and William Foster. If you’ll excuse me, I’m going to go pour one out for Chet Edwards.

CD21: It’s Wendy Davis and Jennie Lou Leeder, and that’s it. I’m actually a little surprised no one else jumped in, though the way Davis has been crushing it at fundraising, as well as her name brand, it’s not that surprising.

CD23: Basically, it’s Gina Ortiz Jones and a bunch of people who have not established much of a presence in the race. I do not understand why Rosey Abuabara has not filed a finance report. Liz Wahl, the first person connected with CD23 this cycle, did not file.

CD24: We’re familiar with the main players in this group – Kim Olson, Candace Valenzuela, Crystal Fletcher, Jan McDowell, John Biggan. I still feel like we could have won this seat last year with a stronger nominee. As long as we avoid that mistake this time, we should have a great shot at it now.

CD25: Julie Oliver and Heidi Sloan, and that’s it. Another not-top-tier race, but still one to watch.

CD31: All five of the people mentioned here, plus one more, filed. I would really like to see at least one of them post a strong Q4 finance report.

Incumbents: We know about the challenges to Reps. Al Green and Sheila Jackson Lee, and of course the Henry Cuellar/Jessica Cisneros matchup is the marquee attraction. Other incumbents who face primary opponents: Joaquin Castro (CD20, two opponents), Eddie Bernice Johnson (CD30, three opponents), Marc Veasey (CD33, one opponent), Filemon Vela (CD34, two opponents), and Lloyd Doggett (CD35, one opponent). I do not expect any of them to have any trouble. All other Dem incumbents are unopposed in March.

Other races: None of these outside-the-Houston-area districts are competitive, but they all have contested primaries anyway: CDs 12, 13, 14, 26, 27. They contain a mix of new and repeat candidates. Godspeed to them all.

Next up, state offices (may break that into two posts), and judicial races. Let me know what you think.

Rep. Mac Thornberry to retire

Six down.

Rep. Mac Thornberry

U.S. Rep. Mac Thornberry, R-Clarendon, announced Monday that he will not seek reelection in 2020, making him the sixth GOP congressman from Texas to say he’s retiring in recent weeks.

“It has been a great honor for me to represent the people of the 13th District of Texas for the last 25 years,” he said in a statement.

“We are reminded, however, that ‘for everything there is a season,’ and I believe that the time has come for a change. Therefore, I will not be a candidate for reelection in the 2020 election.”

Thornberry joins five other Texas Republicans in Congress who are not running for reelection — U.S. Reps. Kenny Marchant, Pete Olson, Mike Conaway, Will Hurd and Bill Flores. But Thornberry’s exit is somewhat different from other Republicans’ shocking retirements over the summer. The last remaining Texas Republican from the class of 1994 and the dean of the GOP delegation, Thornberry was expected by many to retire soon. He will turn over his post leading the Republican side of the House Armed Services Committee in January 2021, thanks to Republican term limits for committee chairmanships.

We did hear about this possibility before, with the end of his term on the House Armed Services Committee as the likely reason. CD13 is one of the reddest districts in the country – I mean, Trump got 79.5% in 2016, Ted Cruz got 79.2% in 2018 – so this has nothing to do with re-election fears, as is the case with some of his soon-to-be-ex-colleagues. I don’t know how he felt about Trump – Thornberry was among the quieter members of the GOP Congressional caucus – but I wouldn’t expect him to have to deal with that much on the trail, and being in the minority plus losing his plum committee assignment sure seems like good reasons to hit the road to me.

By the way, looking back at the 1994 election results sure is a trip down memory lane. There are now three members of Congress from that year who will (barring anything wildly unexpected) be there in 2021: Lloyd Doggett, Sheila Jackson Lee, and Eddie Berniece Johnson. Doggett and SJL were also members of the class of 1994, with Doggett succeeding Jake Pickle, who retired, and SJL ousting Craig Washington in the primary. EBJ is the sole member who was there before 1994, having arrived in the 1992 election. Four other members – Sam Johnson, Joe Barton, Lamar Smith, and Gene Green – stepped down in 2018. Of the incumbents who are expected to be on the 2020 ballot, only eleven – Doggett, SJL, EBJ plus eight more – were there prior to the 2011 redistricting: Louie Gohmert, Kevin Brady, Al Green, Mike McCaul, Kay Granger, Michael Burgess, Henry Cuellar, and John Carter. Of them, McCaul and Carter had close shaves in 2018, with McCaul already facing strong competition for 2020, while Cuellar does and Granger may face strong primary challenges. Change can be slow in Texas, but it does happen.

It’s not an apology that’s needed

This may make for good rhetoric, but it’s not what the goal should be.

Still the only voter ID anyone should need

Congressmen Joaquin Castro and Lloyd Doggett on Friday demanded Gov. Greg Abbott apologize to Texas voters for attempting to purge as many as 95,000 people from Texas voter rolls and said Congress should sue for state records that could show how the plan unfolded if state officials continue to stonewall.

The Texas Democrats said Congress should use every tool at its disposal to investigate the purge they said would have suppressed Latino voter turnout in hopes it will prevent a repeat before the 2020 elections.

“I want them to really put the screws on the governor’s office that it looks like has coordinated an attack on our democracy,” said Castro of San Antonio. “It’s important that we make sure this doesn’t happen again, because if they feel like they got away or they got away with it, then I think they’ll do it again.”

[…]

Castro said he expects the congressional committee to request documents from Texas state lawmakers who may have received some relevant records and signed non-disclosure agreements. After exhausting those and other options, he said he would urge the committee to take Texas to court for records.

“If they have nothing to hide, why wouldn’t they turn those documents over? If we don’t get it, then we should sue,” Castro said.

Doggett, whose district stretches from San Antonio to Austin, said “no tools will be off the table. We’re going to take whatever steps are necessary.”

[…]

Agencies have largely declined to release internal communications that could show how the attempted voter purge was conceived or how the error-ridden list of suspected non-citizens was vetted before its release. In declining to release its own emails, the governor’s office has cited broad exemptions, including attorney client privilege and deliberative process.

Joe Larsen, a first amendment attorney with Houston-based Gregor Cassidy, PLLC, said the governor’s office should have to provide those answers.

“There’s a vital public interest in the disclosure of this information,” he said.

The state also has not released the list of more than 95,000 registered voters that were flagged as potential non-citizens.

That’s a departure from 2012, when the state made public the records used to create an erroneous list of dead people it tried to purge from the voter rolls. Then, the Houston Chronicle found the state had mistakenly matched living voters with deceased strangers from across the country.

See here for some background. I’m mostly interested in the “urge the committee to take Texas to court for records”, because I think the only way to get these records is going to be via court order. There’s just no way Abbott et al will give them up voluntarily. They don’t think they need to, and they don’t see themselves as being answerable to Democratic politicians. Taking this to the courts, and voting these unaccountable princelings out of office at the next opportunity are the answers.

Who might be next to retire from Congress?

We may see some more exits in the coming years, some voluntary and some not.

Rep. Mac Thornberry

Retirement talk is generally speculative until an incumbent makes an official announcement.

But many Republican operatives bet that U.S. Rep. Mac Thornberry, the most senior Republican from Texas in Congress, could make the upcoming term his last. That’s because Thornberry, currently chairman of the Armed Services Committee, is term-limited out of being the top Republican on that committee, in 2021. Thornberry’s office did not respond to a request for comment for this story.

Beyond a severe loss of power in Washington, there are potentially bigger problems ahead for Texas Republicans. Every Republican incumbent from Texas who successfully ran for re-election saw his or her margins shrink over Democrats from contested 2016 races. Some of these numbers should not be troubling. For instance, U.S. Rep. Louie Gohmert, R-Tyler, won his race this year by 46 points, rather than 50 points in the prior cycle.

But five GOP incumbents – [Mike] McCaul and U.S. Reps. John Carter of Round Rock, Kenny Marchant of Coppell, Pete Olson of Sugar Land and Roger Williams of Austin – saw their 2016 margins shrink this year to single digits. These members will likely have to work harder for re-election in 2020 than ever before, and those battles will take place in suburban stretches of Austin, Dallas-Fort Worth and Houston that have become increasingly hostile to the GOP.

[…]

The 2018 results could well prove to have been a fluke, brought on by the coattails of outgoing U.S. Rep. Beto O’Rourke who ran the best Democratic statewide campaign in a generation in his unsuccessful bid against U.S. Sen. Ted Cruz, R-Texas. But anxiety is high among members and their aides that Texas can no longer sustain so many GOP incumbents – particularly after political maps gets redrawn during redistricting in 2021. Members with an eye on retirement might well wait to see the outcome of the redraw before deciding whether to call it quits.

The East Texas seat of U.S. Rep. John Ratcliffe, R-Heath, is another possible vacancy to watch, though not related to his future re-election prospects. With an increasingly higher profile as a member of the U.S. House Judiciary Committee and a past career as a federal prosecutor, Ratcliffe has emerged as a contender to be Trump’s next U.S. attorney general to replace the current acting AG, Matthew Whitaker.

As the story notes, the delegation has been pretty stable. In 2012, after the last round of redistricting and with four new seats added, there were only eight new members. Three were in new seats, of which one (Roger Williams, CD25) was in the district Lloyd Doggett abandoned to run in the new CD35. Of the other four, two defeated incumbents: Pete Gallego knocked off Quico Canseco in CD23, Beto O’Rourke knocked off Silvestre Reyes in the Democratic primary for CD16. Only Randy Weber in CD14 and Joaquin Castro in CD20 succeeded members that had retired. Between then and this year, Reps. Ruben Hinojosa (CD15) and Randy Neugebauer (CD19) retired, and the now-convicted Steve Stockman (CD36) left to pursue a doomed primary against Sen. John Cornyn in 2014. This year was a bonanza for new faces, and there’s a decent chance we’ll have a few more over the next two cycles.

Court invalidates CDs 27 and 35

We are one step closer to having a new Congressional map.

Federal judges have invalidated two Texas congressional districts, ruling that they must be fixed by either the Legislature or a federal court.

In a unanimous decision Tuesday, a three-judge panel in San Antonio ruled that Congressional Districts 27 and 35 violate the U.S. Constitution and the federal Voting Rights Act. The judges found that Hispanic voters in Congressional District 27, represented by U.S. Rep. Blake Farenthold, R-Corpus Christi, were “intentionally deprived of their opportunity to elect a candidate of their choice.” Congressional District 35 — a Central Texas district represented by Democrat Lloyd Doggett of Austin — was deemed “an impermissible racial gerrymander” because mapdrawers illegally used race as the predominant factor in drawing it without a compelling state interest, the judges wrote.

The 107-page ruling — the latest chapter of a six-year court battle over how Texas lawmakers drew political maps — sets up a scramble to redraw the districts in time for the 2018 elections.

The court ordered the Texas Attorney General’s Office to indicate within three business days whether the Texas Legislature would take up redistricting to fix those violations. Otherwise, the state and its legal foes will head back to court on Sept. 5 to begin re-drawing the congressional map — which could shake up other congressional races when the boundaries are changed.

Here is a copy of the ruling, which was unanimous. Michael Li breaks down what this means.

* TX-27 (Farenthold) and TX-35 (Doggett) need to be redrawn – but we knew that already because the court found earlier this year that the configuration of the districts in the 2011 plan was unconstitutional and the 2013 plan made no changes to those districts.

* No further changes need to be made to TX-23 (Hurd) in light of the changes made by the court in the interim plan that then became the 2013 plan. (It is possible there still could be some changes in the Bear County portions of TX-23 as a result of the dismantling of TX-35 but nothing is required).

* No new opportunity district needs to be created in either the Dallas-Fort Worth area. The court’s ruling finds that claims under section 2 of the Voting Rights Act fail because African-Americans and Latinos are not politically cohesive and that any intentional discrimination was adequately remedied by the interim plan/2013 plan as a result of the creation of TX-33 (Veasey).

* No new section 2 district needs to be created in Harris County because African-Americans and Latinos are not politically cohesive.

* BIG FINDING: The court held that the 2013 plan, like the 2011 plan, was intentionally discriminatory. This ruling will play an important role when it comes time for the court to consider whether to put Texas back under preclearance coverage under section 3 of the Voting Rights Act.

From my layman’s perspective, this is a pretty good ruling for the state. CD23 remains intact (though it could be affected by the redrawing of the other two districts), and no new minority opportunity districts need be drawn. The ruling of intent to discriminate is the killer for them, though, as it could mean being put back under preclearance. All things considered, I figure this moves two seats to the Dems, with CD23 remaining a tossup. I suppose Greg Abbott could call another special session to draw a compliant map – they may need another one for the State House soon, too – but I don’t expect that. My guess is the state appeals in the hope of pushing the day of reckoning off into the future, if not winning outright. Stay tuned. The DMN, the Chron, and the Lone Star Project have more.

Court rules several Congressional districts were illegally drawn

Bam!

Some of Texas’ 36 congressional districts violate either the U.S. Constitution or the federal Voting Rights Act, a panel of federal judges ruled Friday.

In a long-delayed ruling, the judges ruled 2-1 that the Texas Legislature must redraw the political maps it most recently used for the 2016 elections.

Specifically, they pointed to Congressional District 23, which stretches from San Antonio to El Paso, takes in most of the Texas-Mexico border and is represented by Republican Will Hurd of Helotes; Congressional District 27, represented by Blake Farenthold, R-Corpus Christi; and Congressional District 35, a Central Texas district represented by Lloyd Doggett, D-Austin.

The 166-page ruling by the San Antonio-based district was the latest in a complicated case that dates back to 2011, and comes just two election cycles away from the next U.S. Census — when the state would draw a new map under normal circumstances.

In 2013, the district court found evidence that lawmakers intentionally discriminated when redrawing the boundaries. But the U.S. Supreme Court soon complicated the case when it struck down a key section of the Voting Rights Act that had forced Texas to seek permission before making changes to election procedures.

But that didn’t end the legal battle. The U.S. Department of Justice and other plaintiffs pressed on in the case, and Texas held elections using interim maps drawn by judges.

In its decision Friday, the court still found that “mapdrawers acted with an impermissible intent to dilute minority voting strength or otherwise violated the Fourteenth Amendment” of the Constitution.

“The Court finds that this evidence persuasively demonstrates that mapdrawers intentionally packed [concentrated certain populations] and cracked [diluted certain populations] on the basis of race (using race as a proxy for voting behavior) with the intent to dilute minority voting strength,” U.S. District Judges Orlando Garcia and Xavier Rodriguez wrote in the majority opinion.

In his dissenting opinion, Judge Jerry Smith of the U.S. Fifth Circuit Court of Appeals called the case moot under previous rulings, and he  sharply criticized the Justice Department.

Tale about a Friday news dump – I literally saw this on Facebook just before going to bed Friday night. We have been waiting forever for a ruling in this case. Note that this is only half of what we have been waiting for – there is still a ruling to come on the State House map, too. But for now, the status of the 2018 elections has changed. The Lone Star Project adds on.

The court singled out violations in the Corpus Christi region involving District 27 (Farenthold – R), in the South Texas/Border region involving District 23 (Hurd – R) and in the Austin to San Antonio region involving District 35 (Doggett – D). The Court also ruled that minority voters in the Dallas/Fort Worth area were illegally cracked under the 2011 map.

While it is too early to know exactly what changes will be made, it is fair to read the opinion as requiring that Hispanic voters put into Anglo-controlled CD27 in the current map must be returned to an effective Hispanic district, that Hispanic voting strength weakened in District 23 must be restored, and that District 35 in the Austin to San Antonio corridor will have to be modified to reunite minority voters in a far less fragmented district centered in Austin.

In Dallas/Fort Worth, the creation of District 33 (Veasey – D) in the current map may have resolved some of the blatant violations under the 2011 map; however, arguments will be made to repair remaining cracked Hispanic and African American neighborhoods in Dallas and Tarrant counties.

The ruling is a major victory for minority citizens and their advocates before the court. Minority advocacy groups including LULAC, NAACP, the Mexican American Legislative Caucus and citizen plaintiff groups led by Congressman Marc Veasey and State Representative Eddie Rodriguez had the courage to challenge the GOP map and the tenacity to stay with a long and difficult court battle. Their efforts have defended and protected the voting rights of thousands of otherwise disenfranchised Texas citizens. The Lone Star Project has been engaged in the Texas redistricting battle from the onset and will continue to provide support to key plaintiffs in this important effort.

We should expect the San Antonio Court to schedule a hearing soon to discuss the additional deliberations needed to fully resolve the case and to reach a final remedy. It is also likely that Governor Greg Abbott will refuse give up Texas GOP efforts to protect a discriminatory redistricting process and will direct state attorneys to explore appeal options.

I’d say it’s not “likely” that Abbott appeals, it’s a 100% gold-plated certainty. Rick Hasen quotes from the majority decision to explain what that “minority voters in the Dallas/Fort Worth area were illegally cracked under the 2011 map” means:

Plaintiffs have established a § 2 violation, both in terms of intent and effect, in South/West Texas. Plaintiffs have shown that seven compact majority-HCVAP districts could and should be drawn there that would substantially address the § 2 rights of Hispanic voters in South/West Texas, including Nueces County. Defendants’ decision to place Nueces County Hispanic voters in an Anglo district had the effect and was intended to dilute their opportunity to elect their candidate of choice.

Meanwhile, race predominated in the drawing of CD35, and Defendants’ decision to place majority- in Travis County was not to comply with the VRA but to minimize the number of Democrat districts in the plan overall. Plaintiffs have established a Shaw-type equal protection violation with regard to CD35. Plaintiffs also establish a Shaw-type equal protection violation with regard to CD23. In addition, Defendants’ manipulation of Latino voter turnout and cohesion in CD23 denied Latino voters equal opportunity and had the intent and effect of diluting Latino voter opportunity. Nueces County Hispanics and Hispanic voters in CD23 have proved their § 2 results and intentional vote dilution claims. The configurations of CD23, CD27, and CD35 in Plan C185 are therefore invalid.

Plaintiffs fail to proffer a demonstration plan accompanied by sufficient evidence to demonstrate that additional compact minority districts could be drawn in DFW or Houston, taking into account traditional redistricting principles and communities of interest. However, they are not precluded from raising § 2 results claims with regard to Plan C235 during the trial on that plan. Plaintiffs have proved intentional vote dilution through packing and cracking in DFW and also establish a Shaw-type racial gerrymandering claim with regard to CD26, but not CD6. However, they fail to prove intentional vote dilution in the Houston area, and fail to prove that mapdrawers acted with racially discriminatory purpose when drawing the districts represented by the African-American Congresspersons.

Well, okay, we’ll need to see a proposed remedy to understand what that means, but the bottom line is that four districts could be directly affected – CDs 23, 26, 27, and 35 – with ancillary changes to some number of adjoining districts. In a subsequent post, Hasen provides some extra guidance to this decision.

2. Bail in. It probably is not obvious to those not steeped in this area, but the big fight here is not about these particular districts (although that is important) but whether Texas gets put back under Section 5 preclearance for up to 10 years. That is possible under Section 3, the “bail-in” provision of the VRA which gives a court the ability to impose preclearance after a finding of intentional race discrimination. That finding is here, and the case is still going to go forward on that issue (as well as some other issues). Further, the finding of intentional race discrimination will almost certainly be relied on if, as I expect, the trial court in the Texas voter id case, finds intentional racial discrimination and orders bail in. So this is huge. (The caveat is how a Trump DOJ would enforce such rights if Trump is still in office. I’m not optimistic, and there’s no appeal of a DOJ decision to grant preclearance. Preclearance of post-2020 redistricting will depend on who wins the 2020 presidential elections.)

3. Race or party. I have been writing a lot about the race or party question: what to do about claims of racial discrimination when, as in the American South, race and party are so closely correlated. The majority approach, is subtle and sophisticated on this question, and seems to fall mostly on the party as a proxy for race (“party as race”) approach to the question. When you make it harder for minority voters to exercise political power for your own political reasons (such as protecting incumbents or your party), this counts as intentional race discrimination. Judge Smith takes the “race or party” approach, and he believes he knows what’s “really” going on: this is all about party, rather than race. It is either blind to the realities or ignoring the fact that these two criteria are really inseparable in Texas.

4. The remedy and what comes next. The trial court does not order anything to happen right now. The parties will fight about the remedy. Likely Texas will get a chance to redraw districts with some deference to Texas as to that which is not a violation. The parties will fight over the plans. And this will get dragged out. But presumably there will be new maps in place for the 2018 congressional elections, unless the Supreme Court intervenes. I fully expect Texas to try to get the Supreme Court to intervene in the interim. At most these lines would last 2 elections, and then we are back to a new round of redistricting. And this shows what is lost by preclearance. We’ve now had three elections that arguably should never have taken place under these lines.

There’s more, so read the rest. If this case proceeds from here as the post-2003 redistricting litigation did, we will get a bunch of November of 2018 special elections in these Congressional districts, with the possibility of special elections in some number of redrawn State House districts as well. If that doesn’t sound like your idea of fun, then you’re reading the wrong blog. Daily Kos and the Chron have more.

Abbott pulls state grant money to Travis County

As threatened.

Sheriff Sally Hernandez

Gov. Greg Abbott has followed through on his threat to cut off state funding for Travis County over its new “sanctuary” policy.

Abbott’s office said Wednesday it has canceled criminal justice grants it usually administers to the county, whose sheriff, Sally Hernandez, recently announced her department would reduce its cooperation with federal immigration authorities when they request an inmate be flagged for possible deportation. The policy was set to go into effect Wednesday.

The move appears to target about $1.5 million Travis County was due to receive this year from the criminal justice division of the governor’s office. The division doled out $1.8 million to the county last year and has already paid out roughly $300,000 in 2017.

[…]

Democrats had pushed back on Abbott’s threat to withhold the grant money by noting it funds programs that help children, women, families and veterans. But the Republican governor has held firm, saying his No. 1 concern is public safety.

“The Governor is willing to sacrifice veterans, women and children to garner political points,” state Rep. Eddie Rodriguez, D-Austin, said in a statement Wednesday. “Governor Abbott must be held accountable for playing politics with the lives of the most vulnerable in our communities.”

U.S. Rep. Lloyd Doggett, D-Austin, went even further in a statement, saying Abbott’s “vindictiveness is more like Russian President Putin’s authoritarian regime than our democracy.”

See here, here, and here for the background. As the Statesman notes, the grants “support projects such as family violence education and a special court for veterans”, so way to get tough there, Greg. One point five million isn’t nothing, and Abbott is looking for more leverage to use, but I feel reasonably certain Travis County could cover the difference if it wants to. Looking over their fiscal year 2017 budget, there’s $169 million allocated to the Sheriff’s office, with another $105 million in reserves. My guess is Abbott will need to find a considerably larger stick to get their attention. But we’ll see, and if the so-called “sanctuary cities” bill passes this year, plus whatever horrors Congress and Trump conjure up, things could change.

Abbott goes authoritarian

I suppose this shouldn’t surprise me, but it is still shocking, even in the world we now inhabit.

Gov. Greg Abbott said Wednesday that he and state lawmakers will pursue legislation that would “remove from office any officeholder who promotes sanctuary cities,” raising a new consequence as Republicans crack down on local officials who do not fully cooperate with federal immigration officials.

Abbott is threatening to cut off state funding to Travis County Sheriff Sally Hernandez after she announced Friday she would reduce her department’s cooperation with federal immigration authorities when they request an inmate be flagged for possible deportation. If she continues with the policy, Abbott suggested a more serious punishment.

“We will remove her from office,” Abbott said in an interview on Fox News.

It was not immediately clear how legislation would remove Hernandez from office. She won her election last year. Sanctuary cities opponents view such officials’ immigration policies as a violation of their oaths of office.

The Fox News interview appears to be the first time Abbott has suggested officials like Hernandez could lose their jobs under sanctuary cities legislation. Abbott is expected to prioritize the legislation in his State of the State address on Tuesday.

[…]

Hernandez’s office did not have an immediate comment on Abbott’s remarks. The governor’s comments, however, quickly drew ire from other Democrats, with the state party saying in a statement that Abbott was “launching a new assault on the will of Texans.”

“I don’t know how the governor would suggest to do that,” state Rep. Rafael Anchia, D-Dallas, said at a news conference that was called to push back on sanctuary cities legislation. “Unless the governor wants to be king and remove people from office unilaterally, then I think the people of Travis County will have an opportunity to speak on the sheriff, the governor and all other elected officials when they stand for re-election.”

U.S. Rep. Lloyd Doggett, D-Austin, suggested another remedy. “How about removing those from office who make up the law to suit their own political needs!” he said in a statement.

See here for some background. It’s abundantly clear by now that Abbott and his cohort have no respect for the will of local voters and that the only authority they recognize is their own, so it’s a small step from stomping down on local control to overruling an election. I think back on some of the things that people said about President Obama when he lawfully exercised executive power and I wonder, was it fear or longing in their words? The latter seems much more likely. I suppose it’s possible Abbott was just preening for the Fox News cameras, but we have been advised to take authoritarians at their word, and Lord knows Dear Leader Trump has lived up to that. So yeah, I expect to see a bill come out of this. After that, we’ll see.

(All this was happening, by the way, as Harris County residents were being urged to call Sheriff Ed Gonzalez’s office to ask about when he plans to end 287(g) as promised during the campaign. Like it or not, people are going to have to pick a side on this.)

Speaking of Il Duce, a federal crackdown on “sanctuary cities” is coming as well. Again, one can only wonder at the thought of President Obama making similar threats to Texas cities – just how quickly could Abbott or Paxton file a lawsuit in a friendly court? We may soon see how the shoe fits on the other foot. A statement from the Travis County legislative delegation is here, a statement from the El Paso delegation is here, and the Current and the Observer have more.

More Congressional seats are likely on the way

If current trends continue, that is.

Texas could pick up two, perhaps three, new congressional seats following the 2020 decennial Census if current population growth continues through the decade, political and demographic experts said Thursday.

With continued growth in Texas’ four major metropolitan areas, they said, the state could almost match the gains it made in political representation after the 2010 Census, when it added four seats in Congress.

The Houston metropolitan area has led the way this decade, according to Census Bureau data released Thursday, potentially positioning the area for two additional seats in fast-growing Fort Bend and Montgomery counties.

The San Antonio area likely would be at the top of the list for an additional congressional seat, as well, said state demographer and University of Texas at San Antonio professor Lloyd Potter.

All told, the state’s largest metro areas – anchored in Houston, Dallas-Fort Worth, Austin and San Antonio – added about 400,000 people last year, more than any other state in the country.

[…]

The greater Houston area, which includes The Woodlands and Sugar Land, added about 159,000 residents between July 2014 and July 2015, while the second-fastest-growing Texas metro area, Dallas-Fort Worth-Arlington, saw an increase of 145,000.

The state’s population growth was led by Latinos in the last decade, Potter said, a trend that has accelerated.

“I can see areas that, maybe historically, were largely non-Hispanic white shifting and becoming more integrated in terms of having people of Hispanic descent, Asian and even African-American in them,” Potter said.

Under those circumstances, it could become increasingly difficult for Republicans, who will control the state legislature for the foreseeable future, to draw the new congressional and state district lines in ways that favor their party.

In the short term, given the party’s firm grip on power in Texas, growth in the state will favor the GOP, but that political calculus cannot last in the long-term, according to Bob Stein, a political science professor at Rice University.

“There simply aren’t enough bodies to go around to draw what we might call safe Republican districts,” Stein said. “Nonetheless, I think Republicans will find a way to advantage themselves, particularly in the statehouse. But increasingly, what you’re going to find is a black and Hispanic population become an obstacle to drawing districts.”

Let’s not get too far ahead of ourselves here. As I said before, let’s wait and see what the next estimates have to say, because things could slow down considerably before the actual Census takes place if the oil and gas industry is still in a slump. There’s also the matter of that pesky never-ending litigation spawned by the 2011 redistricting (technically, we’re fighting over the 2013 maps), which if nothing else may offer some direction on how the GOP might proceed in 2021. With all that said, here are a few thoughts:

– If trends continue and Texas does get three new Congressional seats, I fully expect two of them to be drawn as Republican districts. Never mind that it was almost entirely growth in the minority population drove the increase – that didn’t matter to the Republican map-drawers in 2011, and it won’t matter to them in 2021 unless they are forced to take it into consideration by the courts. Even then, the only scenario under which I see more than one Democratic district being drawn is if the Republicans conclude that they can’t draw any more GOP districts without putting their incumbents at risk.

(I will stipulate here that the Democrats thought this way when they were in charge, too, and that we’d be having a different conversation now if we had some kind of independent redistricting commission in place. That ain’t gonna happen, and I will further stipulate that it won’t happen if by some miracle the Dems seize control of the Lege in 2021. Let’s keep our eye on the ball that is actually in play.)

– I fully expect the Republicans to try once again to draw Lloyd Doggett out of a district. They tried in 2003, they tried in 2011, why wouldn’t they try in 2021? Death, taxes, and Lloyd Doggett has a target on his back in redistricting.

– You can also be sure that they will try to make CD23 as Republican-friendly as possible. That district is one of the few that is still under dispute in the ongoing litigation, and if there’s one lesson to be taken from the 2011 experience it’s that whatever egregious thing you do in drawing the maps, you’re going to get at least two cycles of benefit from it before any corrections are made, so why not go for broke? That will be the case in 2021, and assuming President Trump doesn’t dissolve Congress in his second term, I’d bet it’s a point of contention in 2031, too.

– Moving on to other entities, I wonder if the Republicans will try to do to Kirk Watson in the Senate what they’ve tried to do to Doggett in Congress. It amazes me that Travis County has pieces of so many Congressional districts in it – I joked back in 2011 that if the GOP could have figured out a way to put a piece of all 36 Congressional districts in Travis County they would have – all but one of which is held by a Republican, yet the large majority of SD14 is in Travis County, and the large majority of Travis County is represented by good old liberal Watson. Maybe it’s harder to stick a shiv in a colleague than some chump in Washington, I don’t know. But if SD14 survives more or less intact in 2021, I will begin to wonder just what Sen. Watson has on his fellow Senators.

– I also wonder if SD19, which has a lot of overlap with CD23, might get tinkered with in a way that would make it more of a district that could be won by either party based on whether or not it’s a Presidential year. SD19 isn’t that heavily Democratic, though Sen. Uresti survived 2010 intact and is on a Presidential cycle this decade. There’s less pressing a need for this from a GOP perspective since the two thirds rule was killed, and there’s still that pesky litigation and the queasiness they may feel about knifing a colleague, but hey, a seat’s a seat.

– The GOP will likely try to make SD10 a little redder, and if they think about it, they might take a look at SD16, too. That district can be pretty purple in Presidential years (it’s on a non-Presidential cycle this time around), and with a less-congenial member in place now than John Carona was, it could be a tempting target. Major surgery isn’t required to shore it up, just a little nip and tuck. Just a thought.

– As for the State House, the two main questions for me are whether Harris County will get 25 members again, and if Dallas County, which lost two seats in 2011, will get one or more back. We won’t know the answer to these questions until the Redistricting Committee gets down to brass tacks in 2021.

– The ongoing litigation is as much about the State House as it is Congress, though in both cases the number of districts currently in dispute is small. As with the Congressional districts, I fully expect that the same fights will occur over the same places, which includes the places where the court ruled against the plaintiffs initially. Some of those places – western Harris County (HD132), Fort Bend (HD26), the Killeen/Fort Hood area (HD54) – could support districts that are tossup/lean Dem right now if one were inclined to draw such things. I suspect that battleground will be bigger in 2021.

– Since the debacle of 2010, much has been written about the decline of Anglo Democrats in the Lege. That number has dipped again, thanks to the retirement of Rep. Elliott Naishtat and subsequent primary win by Gina Hinojosa. What could at least temporarily reverse that trend is for Dems to finally win a couple of the swingy Dallas County seats that are currently held by Republicans, specifically (in order of difficulty) HDs 114, 115, and 102. (HDs 105 and 107 are far closer electorally, but checking the candidateswebsites, the Dems in question are both Latinas.) Longer term, if the Dems can make themselves more competitive in suburban areas, that number will increase. This is a corollary of Mary Beth Roger’s prescription for Texas Dems, and it’s something that needs more emphasis. Texas Dems ain’t going anywhere till we can be a credible electoral threat in suburban counties. Our pre-2010 caucus was bolstered by the presence of legacy rural incumbents. We’re not winning those seats back any time soon. The good news is that we don’t need to. The opportunities are elsewhere. The bad news is that we haven’t figured our how to take advantage of it, and it’s not clear that we’re putting that much effort into figuring it out.

Endorsement watch: Latino electeds for Gene Green

Not a big surprise.

Rep. Gene Green

Rep. Gene Green

U.S. Rep. Gene Green, a Houston Democrat, will pick up support from several Houston political players Tuesday.

The 12-term congressman faces what could be a formidable primary challenge in the form of former Harris County Sheriff Adrian Garcia. According to a Green campaign press release, seven Houston Democrats are ready to back his re-election: state Sens. Sylvia R. Garcia and John Whitmire, state Reps. Ana Hernandez, Garnet F. Coleman, Armando Walle and Carol Alvarado, and Harris County Constable Chris Diaz.

The endorsements’ apparent aim is to give Green cover against Garcia’s argument that the mostly-Hispanic district would be better served with Hispanic congressional representation. With residual name identification from his unsuccessful run for Houston mayor, Garcia could pose a viable threat to Green’s re-election.

I received a copy of the press release as well as the pre-release on Friday that didn’t contain the officials’ names. The event will take place at 11 AM at the Vecino Health Center (Denver Harbor Family Clinic), 424 Hahlo St., in case anyone wants to attend. As I said before, I was looking to see who might be endorsing whom in this race. Whatever the effect is on the final result, this does affect the narrative of the race. Reps. Walle, Hernandez, and Alvarado all once worked for Green, so their solidarity with their former boss is to be expected, but Sylvia Garcia was one of the candidates for the seat back in 1992; she finished third, behind Green and Ben Reyes, whom Green then defeated in the runoff and again in the 1994 primary. She had previously been talked about as a potential opponent for Green in more recent years, before her election to the State Senate. Make of that what you will.

Going back through my archives, I came across this post from 2014 about Green representing a Latino district and when that might change. Here’s what Campos, who is now working on the Garcia campaign, said at the time:

Having a Dem Latino or Latina in Congress from the H-Town area would be empowering to the community. What is missing is an articulate voice for us in Congress like on a day when the immigration issue is front and center. Who is going to argue with that?

I don’t buy into the notion that just because the local Latino leaders aren’t for something, it won’t happen. I can still recall the spontaneous immigration marches a few years ago that local Latino leaders were scrambling to lead.

I can picture a scenario where an articulate bilingual Latino or Latina leader steps up, grabs an issue and captures the attention of the community. That is certainly not racist, that’s politics. This discussion isn’t going away.

And my comment on that:

Sure, that could happen, and I agree that if it were to happen it would likely be a talented newcomer who can inspire people to pose a serious threat to Rep. Green. The problem is that that’s not sufficient. Look at the recent history of Democratic primary challenges in Texas legislative races, and you’ll see that there are generally two paths to knocking off an incumbent that don’t rely on them getting hosed in redistricting. One is via the self-inflicted wounds of an incumbent with some kind of ethics problems – think Gabi Canales or Naomi Gonzales, for example – or an incumbent that has genuinely lost touch with the base. In the past decade in Texas that has mostly meant Craddick Democrats, though one could argue that Rep. Beto O’Rourke’s win over Silvestre Reyes had elements of that.

What I’m saying is simply that there has to be a reason to dump the current officeholder. Look no further than the other Anglo Texas Democrat in Congress for that. The GOP has marked Rep. Lloyd Doggett for extinction twice, each time drawing him into a heavily Latino district in the hope of seeing him get knocked off in a primary. He survived the DeLay re-redistricting of 2003, then he faced the same kind of challenge again in 2012. His opponent, Sylvia Romo, was an experienced officeholder running in a district that was drawn to elect a Hispanic candidate from Bexar County. Having interviewed her, I can attest that she’d have made a perfectly fine member of Congress. But she never identified a policy item on which she disagreed with Doggett, and she never could give an answer to the question why the voters should replace their existing perfectly good member of Congress and his boatload of seniority with a rookie, however promising.

That’s the question any theoretical opponent to Gene Green will have to answer as well.

I think both my statement and Marc’s would stand up today. I’d say we’re likely to hear some form of these arguments over the next two months. In the meantime, I wonder if Garcia will roll out his own list of supporters soon. Better still if that list is accompanied by reasons why Garcia is the superior choice, and where he differs in matters of policy. I know that’s what I’d want to hear about if I lived in that district.

Neugebauer to step down in CD19

At least one Congressional seat will have a new person sitting in it next year.

Rep. Randy Neugebauer

U.S. Rep. Randy Neugebauer, R-Lubbock, announced Thursday that he would not seek re-election in 2016.

Neugebauer, who has represented his West Texas district in Congress since 2003, plans to finish his current term.

“To say that this has been an honor would be an understatement,” Neugebauer said in a statement. “Representing the citizens of the Big Country and West Texas has been one of the most rewarding times in my life.”

[…]

Buzz had been mounting in recent months that Neugebauer was planning to retire. Texas’ Congressional District 19 is expected to stay in Republican hands, and the primary will all but determine who will follow Neugebauer in Congress.

Immediate speculation for possible successors centered on state Sen. Charles Perry and state Rep. Dustin Burrows — both Lubbock Republicans — as well as Lubbock attorney Allen Adkins. Other names include Lubbock Mayor Glen Robertson; Tom Sell, the managing partner of Combest, Sell and Associates; and former Texas Tech Vice Chancellor Jodey Arrington.

Perry does not plan to run for the seat, according to Jordan Berry, his political consultant.

Asked about his interest in the seat, Burrows issued a statement that did not rule out a run.

“Today is Congressman Neugebauer’s day to enjoy the knowledge that he’ll no longer need to commute to Washington, D.C., and to revel in a career protecting West Texas from an overreaching federal government,” Burrows said. “On behalf of West Texans and the Burrows family, we thank him for his service to our nation.”

[…]

Tea Party groups have struggled to oust federal incumbents in Texas, and organizations like the Madison Project say they see an opportunity in open-seat races like this one now is, setting up a potential clash between the Tea Party and an establishment candidate.

“I think the Washington establishment is always going to get want who they think they can get, and the local establishment is going to want who they want, and it will not always gel with the Washington establishment,” Berry said.

“The conservative base may want something completely different,” he added. “This could go several different ways.”

This primary will also take place on March 1, when U.S. Sen. Ted Cruz, a conservative favorite, is poised to be on the ballot in the presidential race. Neugebauer’s son Toby has emerged as one of the top donors to Cruz’s presidential effort, giving $10 million to a super PAC supporting the senator. Toby Neugebauer, co-founder of the Houston private-equity firm Quantum Energy Partners, was recently replaced by evangelical leader David Barton as the head of a cluster of pro-Cruz groups.

Yeah, I think we see how this is likely to go. Neugebauer wasn’t exactly the brightest light out there, but it seems fair to say that our Congressional delegation is about to get dimmer. And louder.

This may have the effect of creating another vacancy in the House – it would appear unlikely to create on in the Senate as well, as Sen. Perry would have to give up his seat to try for CD19, and it looks like he’s not interested in that – but the vacancy it’s creating in Congress is a relative rarity in Texas. Here’s a list of the members of Congress as of January, 2005, and the same list as of January, 2015:

Dist 2005 2015 ============================ 01 Gohmert Gohmert 02 Poe Poe 03 Johnson Johnson 04 Hall Ratcliffe 05 Hensarling Hensarling 06 Barton Barton 07 Culberson Culberson 08 Brady Brady 09 Green Green 10 McCall McCall 11 Conaway Conaway 12 Granger Granger 13 Thornberry Thornberry 14 Paul Weber 15 Hinojosa Hinojosa 16 Reyes O'Rourke 17 Edwards Flores 18 Jackson Lee Jackson Lee 19 Neugebauer Neugebauer 20 Gonzalez Castro 21 Smith Smith 22 DeLay Olson 23 Bonilla Hurd 24 Marchant Marchant 25 Doggett Williams 26 Burgess Burgess 27 Ortiz Farenthold 28 Cuellar Cuellar 29 Green Green 30 Johnson Johnson 31 Carter Carter 32 Sessions Sessions

Of the 32 seats that existed in 2005, 23 have the same incumbent now, with one of those incumbents from 2005 (Rep. Lloyd Doggett) moving to a different district thanks to redistricting. Of the eight who are no longer in Congress, only Ron Paul, who stepped down in 2012 to run for President, and Charlie Gonzalez, who retired in 2012, left on their own terms. Tom DeLay resigned in 2006 under the cloud of indictment. Ralph Hall (2014) and Silvestre Reyes (2012) lost in primaries, while Henry Bonilla (2006), Chet Edwards (2010), and Solomon Ortiz (2010) lost in general elections. We’ve seen a lot of turnover in recent years in the State House, but the US House in Texas is a different story. Trail Blazers and Juanita have more.

Romo to run in SD26

The race to succeed Sen. Leticia Van de Putte just got a little more interesting.

Sylvia Romo

Sylvia Romo

Sylvia Romo, former tax assessor-collector for Bexar County, on Tuesday morning entered the race to replace state Sen. Leticia Van de Putte, D-San Antonio, bringing to four the number of candidates in the special election for Senate District 26.

For two terms in the 1990s, Romo represented Texas House District 125, which covers a swath of northwest Bexar County. She unsuccessfully challenged U.S. Rep. Lloyd Doggett in the 2012 Democratic primary for Texas’ 35th congressional district.

“I am truly humbled by the bipartisan support from our community that has encouraged me to run for state senator,” Romo said in a news release. “As a mother and proud grandmother, I will stand up for Texas families, support small businesses, work to create high-paying jobs, and fight to give our children the chance to succeed.”

Romo joins three other Democrats vying for Van de Putte’s seat in the Jan. 6 contest: San Antonio state Reps. Jose Menendez and Trey Martinez Fischer as well as Converse Mayor Al Suarez.

See here for the background, and see here for Romo’s official announcement. Romo’s entry basically guarantees a runoff. What that means is that if one of the State Reps running for SD26 is the eventual winner, the special election to replace him would probably be in early March, with a runoff if needed in early April. That’s getting pretty close to the end of the session, and it could have an effect on the Dems’ ability to block noxious Constitutional amendments from being put on the ballot.

Be that as it may, Romo is certainly a qualified candidate. I interviewed her in 2012 when she was challenging Rep. Lloyd Doggett in CD35. I thought she would have been a perfectly acceptable Congressperson, with perfectly acceptable views, I just never could get a good answer from her as to why it made sense to swap out Doggett’s seniority and track record in favor of her candidacy. Here, seniority isn’t an issue, but there is another issue that I at least would consider if I lived in SD26. Both Reps. Martinez-Fischer and Menendez are in their 40s. Romo is, I believe, 71. My general preference these days when given a choice between otherwise similar candidates is to put a premium on youth and future statewide potential. TMF and Jose Menendez both strike me as someone who could run statewide in the next four to ten years if given a bigger springboard. I can’t honestly say that about Sylvia Romo. I’m not saying this is a decisive factor. If the campaign shows her to be the best choice, then she deserves to win. But at least for me, it would be a factor. Whether that’s true for anyone else or not, we’ll see. The filing deadline is Monday the 22nd, with early voting to begin on the 29th.

On Gene Green and representing Latino districts

I’ve been meaning to blog about this story about Rep. Gene Green and CD29 and how the Houston area has never sent a Latino to Congress, but I kept getting stuck and I finally decided I was overthinking it.

Rep. Gene Green

Rep. Gene Green

Two decades after local political leaders thought they had solved the demographic puzzle with a new “opportunity district” that is today three-quarters Latino, no Hispanic has represented it.

As of this election cycle, Houston remains the most Hispanic major metropolitan area in the country without a Latino elected to Congress, a distinction that could revitalize concerns about how historic the 1991 redistricting truly was. The dozen congressional lawmakers who represent Greater Houston’s 2.2 million Hispanics can say they are voices for the community, but Latino leaders worry that because none of them are of the community, Hispanics’ voice in Washington may be muffled.

“When people see the growth … where we’re at politically, I think more and more people are opining, ‘Hey, when are we going to do it?’ ” said Democratic consultant Marc Campos. “People are becoming a little bit more sophisticated about the demographics and what it means for our community.”

What it means is that potential Latino candidates, mollified with political savvy and dispirited by political incumbency, have demurred from challenging the non-Hispanic – Gene Green – who represents them in Congress, and according to some, has served his constituents well. But with each successive election, the path to reversing the trend seems increasingly daunting.

And it draws fresh attention to the challenge that animates community organizers, Democratic groups and even apolitical Hispanics who would like to see a more representative Houston metropolitan area, a lawmaker who can bellow into a megaphone in Spanish on the population’s behalf.

[…]

And every two years for the past 20, Hispanic voters in the 29th district have sent Green back to Congress. He does not speak Spanish, but political observers note how Green has shrewdly won over the Hispanic community by co-opting threatening Latino leaders and hustling to keep tabs on the community’s pulse. That has kept Hispanic challengers at bay.

“He’s a very smart politician and has done his homework in terms of coming home,” said Maria Jimenez, a longtime Hispanic organizer in Houston.

The district is rich with potential Latino candidates, such as Harris County Sheriff Adrian Garcia and state Sen. Sylvia Garcia and Rep. Carol Alvarado. Hispanic leaders say there is a steady drumbeat of chatter about a Latino challenging Green in a primary, but Green has hired many of these prominent Hispanics over the decades and has built personal loyalties that area Latinos are reluctant to violate.

There is also a harsher political reality: Everyone knows Gene Green.

“If there’s five people meeting in the civic club, I tell you: Gene Green is there,” said Armando Walle, a Hispanic state representative from Houston who once worked for Green. “He can continue to be a member of Congress as long as he wants.”

Green, 66, returns to the district every weekend when Congress is in session and has earned a reputation as a workhorse. Green maintains that is what matters in his district.

“It’s more of a service-oriented district. People want to know what you’re doing to help,” Green said. “I don’t think I’d get re-elected or elected if I wasn’t doing the job.”

That philosophy is echoed in Hispanic Houston, where activists say Green has represented Latinos well in Washington despite not being a member of their community. Politically, that representation means that Green has not created an impetus for change – even if the seat was designed with a Latino lawmaker in mind.

“If you have a good member of Congress that represents their district well, I think it really comes down to – who is clamoring for change?” asked Joaquin Guerra, political director for the Texas Organizing Project in Houston. “When you have a 20-plus congressional incumbent, obviously they seem to be doing something right.”

You should read the whole thing if you missed it the first time around, it’s worth your time. At this point I’d say the betting odds are on Rep. Green representing CD29 until he retires, which would then trigger a gigantic free-for-all to succeed him. You never know with politics, of course, so it’s possible someone could successfully primary him. Campos doesn’t think people will want to wait.

Having a Dem Latino or Latina in Congress from the H-Town area would be empowering to the community. What is missing is an articulate voice for us in Congress like on a day when the immigration issue is front and center. Who is going to argue with that?

I don’t buy into the notion that just because the local Latino leaders aren’t for something, it won’t happen. I can still recall the spontaneous immigration marches a few years ago that local Latino leaders were scrambling to lead.

I can picture a scenario where an articulate bilingual Latino or Latina leader steps up, grabs an issue and captures the attention of the community. That is certainly not racist, that’s politics. This discussion isn’t going away.

Sure, that could happen, and I agree that if it were to happen it would likely be a talented newcomer who can inspire people to pose a serious threat to Rep. Green. The problem is that that’s not sufficient. Look at the recent history of Democratic primary challenges in Texas legislative races, and you’ll see that there are generally two paths to knocking off an incumbent that don’t rely on them getting hosed in redistricting. One is via the self-inflicted wounds of an incumbent with some kind of ethics problems – think Gabi Canales or Naomi Gonzales, for example – or an incumbent that has genuinely lost touch with the base. In the past decade in Texas that has mostly meant Craddick Democrats, though one could argue that Rep. Beto O’Rourke’s win over Silvestre Reyes had elements of that.

What I’m saying is simply that there has to be a reason to dump the current officeholder. Look no further than the other Anglo Texas Democrat in Congress for that. The GOP has marked Rep. Lloyd Doggett for extinction twice, each time drawing him into a heavily Latino district in the hope of seeing him get knocked off in a primary. He survived the DeLay re-redistricting of 2003, then he faced the same kind of challenge again in 2012. His opponent, Sylvia Romo, was an experienced officeholder running in a district that was drawn to elect a Hispanic candidate from Bexar County. Having interviewed her, I can attest that she’d have made a perfectly fine member of Congress. But she never identified a policy item on which she disagreed with Doggett, and she never could give an answer to the question why the voters should replace their existing perfectly good member of Congress and his boatload of seniority with a rookie, however promising.

That’s the question any theoretical opponent to Gene Green will have to answer as well. You need to do that to convince the voters, but even before you get to the voters you need to do that to convince the people who write checks and the people and organizations that offer endorsements, volunteers, credibility, and other kinds of support. I’m not saying that could never happen – anyone can get complacent or can fail to recognize when the political ground has shifted underneath them – I’m saying it has to happen for said candidate to have a chance. In the meantime, I don’t think anyone is going to get rich betting against Gene Green.

The farm team

Roll Call takes a look at the Texas Democrats of the future.

Rep. Joaquin Castro

Rep. Joaquin Castro

Democrats rarely fielded competitive Senate candidates over the past two decades — the party’s three best performers in that time span received 44 percent, 43 percent and 43 percent — but that may change by the next midterm cycle. State and national Democrats are gearing up for a competitive Senate bid as early as 2018, when Republican Sen. Ted Cruz is up.

The first potential candidate names out of the mouths of most operatives are the Castro twins, San Antonio Mayor Julián Castro and freshman Rep. Joaquin Castro — though there are mixed opinions about which one is more likely to jump. Wendy Davis’ name comes up as well, should she comes up short in this year’s gubernatorial race, and the buzz in some Democratic circles is that Davis’ running mate, state Sen. Leticia Van de Putte, has as promising a political future as Davis.

Beyond those four, there is a second tier of candidates who could possibly run statewide but don’t quite yet have the same star power. It includes freshman Rep. Beto O’Rourke, who ousted eight-term Rep. Silvestre Reyes in 2012. He is young and attractive, but his geographic base is weak — El Paso is remote and actually closer to the Pacific Ocean than it is to the Louisiana border.

Democrats also named state Reps. Trey Martinez Fischer and Chris Turner as possible statewide contenders and pointed to Houston Mayor Annise Parker, albeit with caution. Parker is openly gay, and some say that while Texas is evolving on a number of issues, gay rights is not likely to be one of them in the immediate future.

We’ve discussed the 2018 election before. Based on her comments so far, I don’t see Mayor Parker as a potential candidate for the US Senate. I see her as a candidate for Governor or Comptroller, assuming those offices are not occupied by Democrats.

Among the future contenders for [Rep. Gene] Green’s seat, Democrats identified state Reps. Armando Walle, Carol Alvarado and Ana Hernandez, plus Harris County Sheriff Adrian Garcia.

There is perpetual scuttlebutt in the state that [Rep. Lloyd] Doggett is vulnerable to a Hispanic primary challenge. Other Democratic strategists discount that line of thinking, citing Doggett’s war chest and ability to weather whatever lines he’s drawn into.

Whenever he leaves office, Democrats named Martinez Fischer and state Rep. Mike Villarreal as likely contenders. Martinez Fischer could also run in Joaquin Castro’s 20th District if he seeks higher office.

As for Rep. Sheila Jackson Lee’s Houston-based 18th District, state operatives pointed to state Reps. Sylvester Turner and Garnet F. Coleman, who could also run for Rep. Al Green’s seat.

Working backwards, Rep. Sylvester Turner is running for Mayor in 2015. That would not preclude a future run for Congress, of course, but I doubt it’s on his mind right now. I love Rep. Garnet Coleman, but I’ve never really gotten the impression that he has his eye on Washington, DC. Among other things, he has school-age kids at home, and I’m not sure how much the idea of commuting to DC appeals to him. The same is true for Sen. Rodney Ellis, whose district has a lot of overlap with Rep. Al Green’s CD09. Ellis has by far the biggest campaign warchest among them, which is one reason why I had once suggested he run statewide this year. Beyond them, there’s a long list of current and former elected officials – Ronald Green, Brad Bradford, Jolanda Jones, Wanda Adams, Carroll Robinson, etc etc etc – that would surely express interest in either CD09 or CD18 if it became open. About the only thing that might alter this dynamic is if County Commissioner El Franco Lee decided to retire; the line for that office is longer than I-10.

As for Rep. Gene Green, I’d add Rep. Carol Alvarado and James Rodriguez to the list of people who’d at least consider a run to replace him. I’m less sure about Sheriff Garcia. I think everyone expects him to run for something else someday – he’s starting to get the John Sharp Obligatory Mention treatment – but I have no idea if he has any interest in Congress. And as for Rep. Doggett, all I’ll say is that he’s shown himself to be pretty hard to beat in a primary.

Texas’ 23rd, which includes much of the state’s border with Texas, is the only competitive district in the state and turns over regularly. If Democratic Rep. Pete Gallego lost re-election and Democrats were on the hunt for a new recruit, one could be state Rep. Mary González.

Should 11-term Rep. Eddie Bernice Johnson retire, Democrats said attorney Taj Clayton, along with state Reps. Yvonne Davis and Eric Johnson would be likely contenders for her Dallas-based 30th District.

State Rep. Armando “Mando” Martinez is also a rising star. But his local seat in the Brownsville-based 34th District is unlikely to open up any time soon — Rep. Filemon Vela, from a well-known family in South Texas, was elected in 2012.

The great hope for Democrats is that continued Texas redistricting litigation will provide an additional majority Hispanic district based in the Dallas-Fort Worth area. State Rep. Rafael Anchia is the obvious choice for that hypothetical seat, along with Tarrant County Justice of the Peace Sergio L. De Leon.

And then there are a handful of Texas Democrats who stir up chatter but have no obvious place to run for federal office. Democrats put former state Rep. Mark Strama and Jane Hamilton, the current chief of staff to Rep. Marc Veasey, in this category.

Democratic National Committee spokeswoman Lily Adams, granddaughter of Ann Richards, is a respected political operative in Washington, D.C., and recently earned attention as a possible candidate talent.

I’m rooting for Rep. Gallego to win re-election this fall, but no question I’d love to see Rep. González run for higher office at some point. Taj Clayton ran against Rep. Johnson in 2012, getting support from the Campaign for Primary Accountability (which appears to be in a resting state now), along with Rep. Beto O’Rourke, who also appears in this story as someone to watch. Rep. Anchia is someone I’ve been rooting for and would love to see get a promotion. Mark Strama is off doing Google Fiber in Austin. I have no idea if he’d want to get back in the game – like several other folks I’ve mentioned, he has young kids – but he’s been mentioned as a possible candidate for Mayor in Austin before; if he does re-enter politics, and if he has an eye on something bigger down the line, that would be a good way to go for it. Lily Adams is 27 years old and has never run for any office before, but she’s got an excellent pedigree and has apparently impressed some folks. In baseball terms, she’s tearing up it in short season A ball, but needs to show what she can do on a bigger stage before anyone gets carried away.

Anyway. Stuff like this is necessarily speculative, and that speculation about 2018 is necessarily dependent on what happens this year. If Democrats manage to beat expectations and score some wins, statewide hopefuls may find themselves waiting longer than they might have thought. If Democrats have a crappy year, by which one in which no measurable progress in getting out the vote and narrowing the gap is made, some of these folks may decide they have better things to do in 2018. As for the Congressional understudies, unless they want to go the Beto O’Rourke route and mount a primary challenge to someone, who knows how long they may have to wait. It’s entirely possible all this talk will look silly four years from now. We’ll just have to wait and see.

What Obamacare will do for Texas

Even without Medicaid expansion, the Affordable Care Act will help millions of Texans get access to health care.

It’s constitutional – deal with it

Nearly 2.6 million Texans could qualify for tax credits to purchase health insurance in 2014, according to a report released Thursday by Families USA, a nonprofit that advocates for health care consumers.

The tax credits will be offered through the health insurance exchange — an Orbitz-style online marketplace for health insurance — that the federal government plans to launch as part of the Affordable Care Act in October. Beginning in January, families with an income of up to 400 percent of the federal poverty line, between $47,100 and $94,200 for a family of four, will be eligible for a tax credit subsidy to purchase insurance through the exchange. The tax credits will be offered on a sliding scale, so that lower-income families will receive larger credits.

“These are typically the families where folks are working, sometimes more than one job,” U.S. Rep. Pete Gallego, D-Alpine, said of the report. “Regardless of where you are on the political spectrum, I think that’s something we can all support.”

Nearly 5.8 million Texans — nearly a quarter of the state’s population — are uninsured. The Health and Human Services commission estimates the tax credits offered through the health insurance exchange and other provisions in the Affordable Care Act will lower that rate to 16 percent. If Texas also expanded Medicaid — an unlikely scenario given Gov. Rick Perry’s opposition — the uninsured rate could be lowered to 12 percent.

“Given the large number of people in Texas that are uninsured, many of whom are poor, this is an extraordinary opportunity,” said Ron Pollock, executive director of Families USA. He said it was “short-sighted” for the state’s leadership to oppose Medicaid expansion, as it would bring billions of federal dollars to the state, and increase job opportunities.

You can see the report for Texas here, and for other states here. That still leaves about a million people who would be able to get Medicaid if the state agrees to expand it, but we know how little Rick Perry cares about these people. Trail Blazers has more on the Families USA report.

Elsewhere on the Medicaid front, HHSC Commissioner Kyle Janek has been given the go-ahead to negotiate with the U.S. Centers for Medicare & Medicaid Services. At the time, he wasn’t given any direction about what to negotiate for or toward, but perhaps now that the Zerwas bill has been discussed in committee there’s something tangible for him to talk about. We’re unlikely to hear much about his effort and any progress he may make since apparently talking about it in public spooks people, the way saying the name “Voldemort” does in the Harry Potter books. Lord only knows what might happen, but hey, at least they’re talking. EoW has more.

Precinct analysis: Congressional overs and unders

To wrap up my look at 2012 versus 2008 results for all the new districts, here’s how the 36 Congressional districts compared.

Dist McCain Pct Obama08 Pct Romney Pct Obama12 Pct RIdx DIdx ============================================================================== 01 178,520 68.85% 78,918 30.44% 181,833 71.49% 69,857 27.47% 1.04 0.90 02 150,665 61.78% 91,087 37.35% 157,094 62.93% 88,751 35.55% 1.02 0.95 03 165,158 61.46% 100,440 37.37% 175,383 64.16% 93,290 34.13% 1.04 0.91 04 180,772 69.71% 75,910 29.27% 189,455 73.95% 63,521 24.79% 1.06 0.85 05 137,698 61.79% 83,216 37.34% 137,239 64.49% 73,085 34.35% 1.04 0.92 06 148,503 57.03% 109,854 42.19% 146,985 57.87% 103,444 40.72% 1.01 0.97 07 140,692 58.73% 96,866 40.44% 143,631 59.89% 92,499 38.57% 1.02 0.95 08 171,408 73.02% 61,357 26.14% 195,735 76.97% 55,271 21.74% 1.05 0.83 09 44,520 23.42% 144,707 76.12% 39,392 21.15% 145,332 78.01% 0.90 1.02 10 148,867 56.17% 112,866 42.59% 159,714 59.06% 104,839 38.77% 1.05 0.91 11 184,238 75.90% 56,145 23.13% 182,403 79.10% 45,081 19.55% 1.04 0.85 12 161,030 63.61% 89,718 35.44% 166,992 66.77% 79,147 31.65% 1.05 0.89 13 189,600 76.88% 54,855 22.24% 184,090 80.16% 42,518 18.51% 1.04 0.83 14 139,304 57.03% 102,902 42.12% 147,151 59.32% 97,824 39.44% 1.04 0.94 15 61,282 41.84% 83,924 57.3% 62,883 41.48% 86,940 57.35% 0.99 1.00 16 58,764 34.59% 109,387 64.39% 54,315 34.44% 100,993 64.03% 1.00 0.99 17 135,738 57.95% 95,884 40.94% 134,521 60.29% 84,243 37.76% 1.04 0.92 18 45,069 22.89% 150,733 76.57% 44,991 22.81% 150,129 76.11% 1.00 0.99 19 168,553 71.22% 66,122 27.94% 160,060 73.55% 54,451 25.02% 1.03 0.90 20 80,667 40.64% 115,579 58.23% 74,540 39.59% 110,663 58.77% 0.97 1.01 21 178,531 56.42% 133,581 42.21% 188,240 59.76% 119,220 37.85% 1.06 0.90 22 142,073 60.45% 91,137 38.78% 158,452 62.11% 93,582 36.68% 1.03 0.95 23 95,679 49.27% 96,871 49.88% 99,654 50.67% 94,386 47.99% 1.03 0.96 24 152,453 58.41% 105,822 40.54% 150,547 60.42% 94,634 37.98% 1.03 0.94 25 153,998 56.05% 117,402 42.73% 162,278 59.89% 102,433 37.80% 1.07 0.88 26 166,877 64.18% 90,791 34.92% 177,941 67.59% 80,828 30.70% 1.05 0.88 27 133,839 58.95% 91,083 40.12% 131,800 60.46% 83,156 38.15% 1.03 0.95 28 65,066 40.97% 92,557 58.28% 65,372 38.65% 101,843 60.21% 0.94 1.03 29 41,843 37.04% 70,286 62.22% 37,909 32.99% 75,720 65.89% 0.89 1.06 30 47,144 21.07% 175,237 78.33% 43,333 19.64% 175,637 79.61% 0.93 1.02 31 135,601 55.80% 103,359 42.54% 144,634 59.36% 92,842 38.11% 1.06 0.90 32 147,226 55.05% 117,231 43.83% 146,420 56.97% 106,563 41.46% 1.03 0.95 33 40,290 30.64% 90,180 68.57% 32,641 27.09% 86,686 71.93% 0.88 1.05 34 58,707 39.06% 90,178 60.00% 57,303 38.28% 90,885 60.71% 0.98 1.01 35 62,764 35.47% 111,790 63.18% 58,007 34.59% 105,550 62.94% 0.98 1.00 36 165,899 69.45% 70,543 29.53% 175,850 73.05% 61,766 25.66% 1.05 0.87

The main thing that stands out is CD23, which went from plurality Obama in 2008 to a slight majority for Romney in 2012. That means that Rep. Pete Gallego joins State Rep. Craig Eiland and State Sen. Wendy Davis in the exclusive club of candidates who won in a district that their Presidential candidate lost. Not surprisingly, Rep. Gallego is a marked man for 2014. CD23 was one of the more strongly contested districts in the litigation as well as in the election, and it is likely to be modified further no matter what happens to the Voting Rights Act, so Rep. Gallego’s challenge next year may be different than it was this year. He’s clearly up to it, whatever it winds up being. Beyond that, the pattern witnessed elsewhere held here, as blue districts were generally bluer than before, while red districts were redder. Dems can still hope for (eventually) competitive races in CDs 06, 10, and 32, but the task is harder now than it would have been in 2008. As for CD14, you can see that the hurdle was just too high for Nick Lampson. Barring anything improbable, that district is unlikely to repeat as one featuring a race to watch.

One other thing I did in these races was compare the performances of the Congressional candidates with the Presidential candidates in their districts. Here are some of the more interesting results I found:

Dist Romney Pct Obama12 Pct R Cong Pct% D Cong Pct Winner ============================================================================== 02 157,094 62.93% 88,751 35.55% 159,664 64.81% 80,512 32.68% Poe 06 146,985 57.87% 103,444 40.72% 145,019 58.02% 98,053 39.23% Barton 07 143,631 59.89% 92,499 38.57% 142,793 60.80% 85,553 36.43% Culberson 10 159,714 59.06% 104,839 38.77% 159,783 60.51% 95,710 36.25% McCaul 14 147,151 59.32% 97,824 39.44% 131,460 53.47% 109,697 44.62% Weber 20 74,540 39.59% 110,663 58.77% 62,376 33.50% 119,032 63.93% Castro 21 188,240 59.76% 119,220 37.85% 187,015 60.54% 109,326 35.39% L Smith 22 158,452 62.11% 93,582 36.68% 160,668 64.03% 80,203 31.96% Olson 23 99,654 50.67% 94,386 47.99% 87,547 45.55% 96,676 50.30% Gallego 25 162,278 59.89% 102,433 37.80% 154,245 58.44% 98,827 37.44% R Williams 27 131,800 60.46% 83,156 38.15% 120,684 56.75% 83,395 39.21% Farenthold 28 65,372 38.65% 101,843 60.21% 49,309 29.76% 112,456 67.88% Cuellar 31 144,634 59.36% 92,842 38.11% 145,348 61.27% 82,977 34.98% Carter 32 146,420 56.97% 106,563 41.46% 146,653 58.27% 99,288 39.45% Sessions 35 58,007 34.59% 105,550 62.94% 52,894 32.02% 105,626 63.94% Doggett 36 175,850 73.05% 61,766 25.66% 165,405 70.73% 62,143 26.57% Stockman

You can mostly break this down into three groups. The first is the Overacheivers, the Congressional candidates that clearly drew at least some crossover votes. On that list are Reps. Ted Poe, Joaquin Castro, Pete Olson, Pete Gallego, and Henry Cuellar. Olson, one presumes, benefited from being opposed by LaRouchie nutcase Keisha Rogers. We’ll have to wait to see how he’ll do against a normal opponent, which one hopes will be this time around. Castro and Cuellas can point to their numbers as evidence for statewide viability someday, if and when they choose to make such a run. Gallego obviously had to be on this list, or he wouldn’t be Rep. Gallego. I guess the Republicans knew what their were doing when they tried to pull all those shenanigans to protect Quico Canseco, because he really did need the help. As for Ted Poe, I got nothing. He’s not a “moderate”, and he’s not a heavyweight on policy or in bringing home the bacon as far as I know, so I don’t have a ready explanation for his success here. Feel free to share your opinion in the comments.

The second group is what I’d call Tougher Than They Look. Notice how Republican incumbents in the least-red districts suffered no dropoff in support from Romney, while their Democratic opponents did? I’m talking about Reps. Joe Barton, John Culberson, Mike McCaul, Lamar Smith, John Carter, and Pete Sessions; you can also throw Democrat Lloyd Doggett onto the list. Whether by accident or design, these Republicans may be harder to knock off down the line if and when their districts get bluer. Culberson is the oddball in this group, because he greatly underperformed in 2006 and 2008. I suspect he benefited from redistricting, in particular from losing some inner Loop precincts, as well as the general trend away from crossover voting, but we’ll see if this was a one-time thing or not.

Finally, there’s the Underachievers, who lost crossover votes to their opponents. Ex-Rep Quico Canseco is the poster child, but Reps. Randy Weber, Blake Farenthold, and Steve Stockman keep him company. Weber may get a mulligan, since he’s unlikely to face an opponent like Lampson again. Farenthold’s presence is intriguing. He’s a ridiculous person, who won in a fluke year and who needed a lot of help in redistricting, but a look at this result suggests that he just might be vulnerable to the right opponent. If the Battlegound Texas folks want to try some things out on a smaller scale, let me suggest CD27 as a proving ground. Finally, Stockman shows that even in a deep red district, nuttiness has some limits. Too bad it’s not enough to affect a November election, but maybe there’s a chance that a slightly less mortifying Republican could win next March.

On Latinos not winning Latino Congressional districts

I have a problem with this analysis by Nathan Gonzales, at least as it pertains to the three Texas districts included.

Rep. Lloyd Doggett

Even though a record number of Latinos are serving in the 113th Congress, Hispanic candidates are significantly underperforming in heavily Hispanic districts, particularly compared to other minority groups.

Nationwide, just 41 percent of congressional districts (24 of 58) with a Hispanic voting age population (VAP) of at least 30 percent are represented by a Hispanic member of Congress. In comparison, 72 percent of districts (32 of 44) with a black VAP of at least 30 percent are represented by a black member.

Why can’t Latinos get elected to Latino congressional districts?

[…]

In Texas’ 33rd, party leaders supported African-American state Rep. Marc Veasey over former state Rep. Domingo Garcia in a Dallas-area district that is 61 Hispanic and just 17 percent black. It helped that black voters outnumbered Latino voters in the primary, runoff, and general elections, according to analysis by the Lone Star Project. In Texas’ 34th, party leaders supported longtime Rep. Lloyd Doggett (D), even though his newly-drawn district is 59 percent Hispanic.

Another challenge is turnout. As the race in Texas 33 showed, the Hispanic percentage of a district’s population can overstate the strength of the Latino electorate, because Latinos don’t vote in the same numbers as other minority groups. In some cases, savvy Latino candidates don’t even run because they know the opportunity isn’t as good as it looks on paper.

[…]

But even when Hispanics dominate a district, sometimes it isn’t enough to secure a Latino victory. Nine districts with over 50 percent Latino VAP are represented by non-Latinos. Just two districts with a black VAP of at least 50 percent are represented by non-black Members.

For example, Texas’ 16th District is now represented by Beto O’Rourke after he defeated longtime Rep. Silvestre Reyes in the Democratic primary last year, even though the seat is 78 Hispanic.

Until Latino voters get more organized and start voting with more frequency, simply citing the population figures of a district can lead to misleading analysis.

Yes it can, and that leads to a second problem I have with this article, but first things first. The problem that I said I have with this is that nowhere does Gonzales take the individual candidates into account when discussing the outcomes in Texas. I’ve discussed two of these races before, so I’m going to quote myself. Here’s what I said about Rep. Doggett’s victory, which by the way was in CD35, not CD34.

The main reason for [Sylvia] Romo’s defeat is that she was up against a very strong opponent. It wasn’t just that Rep. Doggett had name ID and a ton of money, it was also that he had a long record of doing things that Democratic voters tend to like. Though he had to move to run in CD35, he was generally perceived – or at least generally portrayed – as the incumbent, and the first rule of beating an incumbent is that there has to be a good reason to fire that incumbent. Doggett’s voting record has no obvious black marks on it – none that Romo articulated, anyway – and there were no issues of personal behavior to exploit. Having interviewed Romo, I agree that she’s a perfectly well qualified candidate and I think she’d have made a perfectly fine member of Congress, but I don’t think she ever adequately answered the question why voters should choose to replace a perfectly fine sitting Congressperson with seniority, a good record, and a history of making Republicans mad enough to try twice to kill him off via redistricting.

Doggett faced the same challenge in 2004 when Republicans drew him into a district that contained large swaths of South Texas. As was the case last year, he faced off against an established Latina elected official from the new district turf, and he won easily. You’re not going to beat Lloyd Doggett without a good reason to beat Lloyd Doggett.

And here is what I said about O’Rourke versus Reyes in CD16:

I’m pretty sure none of the people involved in redistricting, including the litigants, foresaw [the possibility of Reyes losing to O’Rourke] though at least one blogger did. But Rep. Reyes didn’t lose because the new map made CD16 more hostile to Latinos and more amenable to Anglos. Rep. Reyes had some baggage, O’Rourke ran a strong campaign, and he had some help from a third party. These things happen. Perhaps from here O’Rourke does a good job and becomes an entrenched incumbent, or he sees his star rise and takes a crack at statewide office in a few years, or he himself gets challenged by an ambitious pol in 2014, presumably a Latino, and loses. Point being, Latino voters made the choice here, and they will continue to be able to do so.

I think Rep. Reyes’ baggage was a big factor here, but you have to give credit to Rep. O’Rourke for running a strong race and giving the voters a reason to fire the incumbent and install him instead. I won’t be surprised if Rep. O’Rourke is challenged by a Latino in the 2014 primary, just as Rep. Gene Green was challenged in 1994 and 1996 in the heavily Latino CD29 after winning it in 1992. CD16 is still a district drawn for a Latino, after all. If Rep. O’Rourke does a good job he might be able to have a career like Rep. Green, who hasn’t faced a primary challenge since 1996. If not, he’ll be one and done if a better Latino candidate comes around to run against him.

As for CD33, it’s a similar story to CD16. Rep. Marc Veasey was a compelling candidate whose time in the Texas Legislature was marked by strong advocacy for progressive causes. Former State Rep. Domingo Garcia had a decent record in the Lege when he was there, but it had been awhile and he had his share of baggage as well. He had a reputation for divisiveness and was far from universally beloved among Latino politicos – just look at the large number of Latino State Reps that endorsed Veasey. If African-American turnout in the primary runoff was higher than Latino turnout despite the numerical advantage for Latinos, that didn’t happen by magic.

The other problem I had with Gonzales’ article comes from this paragraph:

Five out of six congressional districts that have both Hispanic and black populations of at least 30 percent each are represented by black Members, including Florida’s 24th and Texas’ 9th, 18th, and 30th districts.

The fallacy of that statement, which Gonzales himself alludes to in his concluding statement, which I quoted above, can be summed up by this document. Here are the Citizen Voting Age Populations (CVAPs) for the three Texas districts, estimated from the 2007-2011 American Community Survey:

CD09 – 50.6% African-American, 19.5% white, 19.2% Hispanic
CD18 – 49.2% African-American, 25.0% white, 20.7% Hispanic
CD30 – 53.5% African-American, 25.5% white, 18.1% Hispanic

You tell me what kind of person you’d expect to win in these districts. Total population is far less relevant than CVAP is. Gonzales knows this, and he should have known better. Via NewsTaco.

What will Doggett do?

Does Rep. Lloyd Doggett want his old district back or not?

Rep. Lloyd Doggett

The congressional and legislative districts used in this year’s elections were temporary maps drawn by panel of federal judges in San Antonio. The maps were designed to be used this year, while the courts continued to sort out various legal challenges to maps drawn by the Legislature.

Those challenges include efforts by a group of Travis County plaintiffs and a collection of civil rights groups who accused the Republican-controlled Legislature of creating racially and ethnically discriminatory maps. Republicans denied the allegations, and the case is ongoing.

The Travis County plaintiffs weren’t specific in court documents about creating a Travis County-centered district for Doggett, said Michael Li, a Democratic fundraiser and redistricting expert. “But that was the crux of their argument in the first round of redistricting, and it very well could be again,” Li said.

State Rep. Eddie Rodriguez, an Austin Democrat and one of the Travis County plaintiffs, said in an interview that he would like to see a Travis County district in which minorities would be able to elect the candidates of their choice, like they have with Doggett.

“I’d like to see as much of Travis County as possible in one congressional district,” Rodriguez said. “I would like to see us having one unified voice in D.C.”

Rodriguez said he believes Doggett feels the same way, but in a statement Doggett said: “I remain ready for whatever Republicans throw at me next. I am really not concerned with ‘what if,’ I am working on ‘what now’ is needed to serve our families.”

I don’t remember, and the story doesn’t say, if Doggett fought to have CD25 restored as a mostly-Travis County district after the 2003 re-redistricting. When it was redrawn for the 2006 election, it was a byproduct of CD23 being declared illegal. My guess is that Doggett will stay quiet, at least publicly, about this. He’s already proven he can win in a non-Travis-centric district, so it’s not clear what he’d gain from advocating for CD25 to be put back together. It won’t surprise me if he expresses an opinion behind the scenes, or if he ultimately has some influence over whatever the Travis County intervenors do, but I seriously doubt he’ll be caught talking about it out loud. On a related note, Texas Redistricting reviews the briefs submitted by the intervenors asking the Supreme Court to dismiss the State of Texas’ appeal or, alternatively, to summarily affirm the decision of the district denying preclearance of the redistricting maps drawn by the Texas Legislature. We’ll see how long it takes to get a ruling.