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Mike Schofield

House impeaches Paxton

For the third time in as many days, I say Wow.

A crook any way you look

In a history-making late-afternoon vote, a divided Texas House chose Saturday to impeach Attorney General Ken Paxton, temporarily removing him from office over allegations of misconduct that included bribery and abuse of office.

The vote to adopt the 20 articles of impeachment was 121-23.

Attention next shifts to the Texas Senate, which will conduct a trial with senators acting as jurors and designated House members presenting their case as impeachment managers.

Permanently removing Paxton from office and barring him from holding future elected office in Texas would require the support of two-thirds of senators.

The move to impeach came less than a week after the House General Investigating Committee revealed that it was investigating Paxton for what members described as a yearslong pattern of misconduct and questionable actions that include bribery, dereliction of duty and obstruction of justice. They presented the case against him Saturday, acknowledging the weight of their actions.

“Today is a very grim and difficult day for this House and for the state of Texas,” Rep. David Spiller, R-Jacksboro, a committee member, told House members.

“We have a duty and an obligation to protect the citizens of Texas from elected officials who abuse their office and their powers for personal gain,” Spiller said. “As a body, we should not be complicit in allowing that behavior.”

Paxton supporters criticized the impeachment proceedings as rushed, secretive and based on hearsay accounts of actions taken by Paxton, who was not given the opportunity to defend himself to the investigating committee.

“This process is indefensible,” said Rep. John Smithee, R-Amarillo, who complained that the vote was taking place on a holiday weekend before members had time to conduct a thorough review of the accusations. “It concerns me a lot because today it could be General Paxton, tomorrow it could be you and the next day it could be me.”

[…]

The vote came as hardline conservatives supportive of Paxton’s aggressive strategy of suing the Biden administration were lining up in support of him. Former President Donald Trump — a close political ally to Paxton — blasted the impeachment proceedings as an attempt to unseat “the most hard working and effective” attorney general and thwart the “large number of American Patriots” who voted for Paxton.

Trump vowed to target any Republican who voted to impeach Paxton.

As lawmakers listened to the committee members make their case, Paxton took to social media to boost conservatives who had come to his defense, including Trump, U.S. Rep. Marjorie Taylor Greene, R-Georgia, and conservative radio host Grant Stinchfield, who tweeted, “Kangaroo Court in Texas.”

About 90 minutes into the debate, the official Twitter account of the Texas attorney general’s office began tweeting at members of the committee to challenge some of the claims being made.

“Please tell the truth,” the agency’s account said.

Because Paxton was impeached while the Legislature was in session, the Texas Constitution requires the Senate to remain in Austin after the regular session ends Monday or set a trial date for the future, with no deadline for a trial spelled out in the law.

See here and here for the background. The Trib did some liveblogging of the proceedings, and DMN reported Lauren McGaughy was livetweeting it. You can see how every member voted here. Of interest: Every member from Paxton’s home base of Collin County voted Aye. Everyone in Harris County voted Aye except Reps. Harless (HD126, Nay), Paul (HD129, Nay), Schofield (HD132, Nay), Swanson (HD150, Nay), and Harold Fucking Dutton (Present, Not Voting). Rep. Tom Oliverson was an Excused Absence, and Rep. Shawn Thierry was marked as absent.

As noted before, if Paxton is convicted Greg Abbott will appoint a replacement, who would then have to run in 2024. He can appoint an interim AG pending the Senate action, but has not yet said anything as of the drafting of this post. We do have this:

We wait to see when the Senate will act. I’ll have some further thoughts later. The Chron, WFAA, the Statesman, Texas Public Radio, the San Antonio Report, the Texas Signal, Reform Austin, Daily Kos, TPM, Mother Jones, and the Press have more.

Endorsement watch: Another smattering

The Chron endorses Cam Campbell in HD132.

Cam Campbell

Texas House District 132, stretching from just south of Interstate 10 in eastern Katy to U.S. 290 in Cypress, features a handful of high school football powerhouses. Voters there fittingly get to choose between two gridiron lovers in Republican incumbent Mike Schofield and Democratic challenger Cameron “Coach Cam” Campbell. Campbell believes Cypress, Katy and the rest of the western suburbs can become the “Fort Worth to Houston’s Dallas” with the right leadership and partnerships.

Campbell, 40, is a 2000 Cypress Springs graduate and a former University of Houston football player. He teaches children about safe play for a community outreach program of the Texans. He also has a sports facility construction company and has gone by “Coach Cam” since coaching for KIPP Houston High School.

Control of this district has swung back and forth between parties in recent years. Schofield was several years ago named “Freshman legislator of the year” by Republican members of the House but lost his seat in 2018 by just 113 votes to Gina Calanni, then won it back in a hard-fought 2020 election. This time, Schofield got some help through redistricting.

In our interview, Campbell criticized the gerrymandering, but he is running the electoral version of an aggressive no-huddle offense to drive voter engagement and turnout to overcome the influx of likely GOP voters. He talked at length about voter research and outreach tools his campaign is using. Given the redrawn district’s tilt, it’s not surprising his opponent has far outraised Campbell, but he appears to be making the most of his limited resources. Campbell’s high energy and attention to detail truly felt coach-like to us.

We appreciate Campbell’s vision of what the district and the Katy-Cypress area can be. He wants to sit on the Culture, Recreation and Tourism Committee in the House, in part to attract industry and promote his district.

Campbell said he’s passionate about promoting literacy and reducing gun violence, which he hopes to turn into legislative priorities if elected. He’s also been outspoken on the campaign trail about reproductive rights and LGTBQ rights. He favors marijuana legalization and greater environmental protections.

My interview with Coach Cam is here. I thought he was pretty impressive, so give that a listen if you haven’t. The Chron notes that they had endorsed incumbent Rep. Schofield before, and also that he didn’t bother screening with them this time. That is a trend that is unlikely to reverse itself anytime soon.

The Chron also endorsed Carla Wyatt for Harris County Treasurer.

Carla Wyatt

Voters expecting shy, bookish candidates for Harris County treasurer, content to pore over spreadsheets in anonymity, have a surprise in store from Republican Kyle Scott and Democrat Carla Wyatt. However the race turns out, the county is about to get a charismatic, hardworking newcomer to oversee the office that processed some $20 billion coming in and out last year.

Wyatt earns our endorsement because she has two decades of experience working for the county, including in the budget office and public infrastructure. She also holds a doctoral degree in environmental toxicology, and she ran emergency communications during Hurricane Harvey. She has creative ideas for how to reach more residents and make it easier for people to interact with the office. In the budget office, she led an IT group that created interactive dashboards for county employees to see where money was going.

[…]

“I’ve created these relationships and I understand where all the little rocks and pebbles are, because I helped put some of them there,” Wyatt, 51, told the editorial board. “I think it’s important for whoever is in this office to have the experience and relationships to create checks and balances and be able to work across party lines and department lines.”

She wants to make it simpler for residents to find out whether the county owes them money and to propose ways to broaden the use of credit and debit card transactions in county business.

Scott’s campaign is centered around accountability and transparency, and he talked with us about wanting to serve as a check on wasteful spending. We especially appreciate Scott’s desire to bolster financial literacy and actively engage residents. His background as a former board trustee and communications executive at Lone Star College prepares him well for the task.

“Usually in the treasurer’s race, all you hear is, ‘I’m a watchdog,’ without explaining what that means or demonstrating knowledge of what you’re actually watching, and so many folks feel in the dark about where the money’s actually going,” Scott, who has a Ph.D. in political science, told us. “If you can talk about it clearly and bring some light to that, it’s appreciated.”

We endorsed Scott’s GOP primary opponent, in part because we were concerned when Scott said he would be willing to refuse to sign a county check as a final safeguard against wasteful spending by the Harris County Commissioners Court. Changing the county budget is the job of commissioners, not the treasurer. In our general election screening this fall, Scott told us he’d refuse to sign checks only in extreme moments, as in the case of the $11 million Elevate Strategies vaccine outreach contract.

Wyatt had a different take, using one of the several clever analogies she employed in her interview with us. “The treasurer can’t stop you from walking into a fire, but I can tell you that there is a fire,” she said. “I can tell you that the stove is hot.” She sees the treasurer role as an advisory one and said, in the case of a contract like Elevate Strategies, that delaying alongside advising could be used. But she stopped short of saying she’d refuse to sign a check. That’s closer to our understanding of the treasurer’s job.

Wyatt as noted defeated incumbent Treasurer Dylan Osborne in the Dem primary. My interview with her from the primary is here. I like Dylan, I knew him before he ran for Treasurer, I voted for him in the primary, but I agree with the Chron’s assessment of Wyatt: She’ll be a fine Treasurer. But even if I had concerns about her, I’d have much bigger concerns than the Chron seems to have had with Kyle Scott’s pronouncement that he’d be a self-appointed veto of county spending activity he doesn’t like. Yeah, sure, now he says it would be used in limited emergency instances, but that’s not what he said in the primary and the Treasurer doesn’t have that power. Seriously, do we really need another undemocratic veto point in our government? It’s a ridiculous idea – in truth, even if the Treasurer explicitly had this power it would be a dumb idea – and it disturbs me that the Chron isn’t more than just “concerned” about it, especially given Scott’s past campaigning on the idea. Good for them for not endorsing him, but come on. Don’t be a sucker.

Finally, the Chron endorsed Sen. John Whitmire for re-election in SD15, an easy and obvious call, and former District Clerk Chris Daniel in his rematch against incumbent Dem Marilyn Burgess. They still have more races to get through, but at least they seem to be picking up the pace.

On reporting election night results faster

Not sure about this.

Ahead of next week’s primary runoff elections, Harris County officials are recruiting county staffers to help speed up the results by picking up ballots at polling locations and driving them to the county’s central count location. Harris County was the last of the state’s largest counties to finish counting ballots in an election held earlier this month, even with assistance from law enforcement officers who took on delivery duties.

In the past, the responsibility of delivering the ballots has fallen to election judges, the final task at the end of their 15-hour day. Starting with the May 7 election, law enforcement officers with the Harris County Constables offices and the Harris County Sheriff’s Office picked up the ballots and made the delivery instead. The change didn’t do much to cut down on reporting time. While Dallas County and Tarrant County sent complete results to the state shortly after midnight, Harris County’s results came in around 9:37 a.m. Sunday, according to the Texas Secretary of State’s office.

This week, Harris County officials plan to train and deputize full-time county staffers from various departments to take on those delivery duties, as well. An email sent to county staffers on Tuesday from Harris County Administrator Dave Berry and Harris County Elections Administrator Isabel Longoria requested volunteers to help expedite the process.

“What’s required? Drive to a single polling location and pick up two sets of voting equipment, from both the Democratic and Republican sides, for the May 24th Primary Runoff Election. Return the equipment to NRG and be greeted with snacks, water, and a big THANK YOU for your service,” officials wrote in the email.

Each participating law enforcement officer or county employee will be assigned on average two polling locations, which will cut down by half the total number of cars lined up at central count at the end of the night, according to a spokesperson with the Election Administrator’s office.

While all Texas counties must comply with the state election code regulations — which were modified significantly when Senate Bill 1 went into effect last year — the Election Day ballot counting process varies considerably depending on the county.

At a May 11 hearing with the House Elections Committee, Tarrant County Elections Administrator Heider Garcia told lawmakers his county speeds up results by using multiple dropoff spots on Election Night, instead of one central count location.

“Because we are a large county, we use regional dropoff locations for the poll workers to deliver the materials to us. If we had 350 poll workers queued up outside our office, election night would become election week,” Garcia said.

Rep. Mike Schofield, a Harris County Republican, told Longoria and committee members he was alarmed by Harris County’s plans to deputize county staffers to make deliveries.

“I would be very, very troubled to find out in November that we were just deputizing whoever the elections office thought it wanted to deputize to go touch my election results and bring them to the central counting station,” he said. “So let’s make sure that we know what the law is and that we’re following it because that’s not kosher. Or at least doesn’t seem kosher.”

According to the story, Keith Ingram of the SOS office said he disagreed with Harris County’s interpretation of the law in question. He’s not a lawyer and that’s not an official pronouncement, but that sounds to me like it’s maybe not the best plan to pursue, as there could be unwanted consequences from it. I will say, it’s not clear to me why this would be illegal. I can’t think of any reason why trained county staff would be any less reliable or trustworthy than election judges, who had to be trained by the same election office people to do the same thing. Maybe this is just a quirk of the law if in fact it is not in compliance with it, maybe there was some nutball conspiracy theory reason for county election workers to be not on the sanctioned list of vote-equipment-deliverers, or maybe there’s a legitimate reason that I’m not aware of. All I can say is that at first glance it’s not clear to me why it should be off limits.

That said, rather than risk a confrontation over this, maybe the multiple dropoff points plan is better, as that seems to be how other counties do it. I will confess total ignorance here about why that might not work for Harris County. Maybe it’s just not a thing we’ve done before and so we don’t have a workable plan in place. I’d say one of the first questions we should be asking the next Election Administrator is what they think about this.

There’s also this:

The Harris County GOP is urging Republican election judges to break with Harris County’s election night plan for next week’s primary runoff, arguing the county’s ballot delivery protocol violates the law. Earlier this week, Harris County officials sent an email to county staffers asking for volunteer drivers to help expedite the ballot counting process for the upcoming primary runoff. With hundreds of polling locations spread out over 1,700 square miles, the state’s most populous county has a history of delayed election returns.

In hopes of speeding up election results, the Harris County Elections Administrator’s office also used this plan earlier this month in the May 7 election — deputizing law enforcement officials and full-time county staffers to deliver ballots from the polling location to the county’s sole central counting station. However, the Harris County GOP is pushing back on that plan and instructing Republican election judges to drive ballots to central count themselves.

While the Harris County GOP is opposing the county’s ballot delivery plan, in an email to the Chronicle, party chair Cindy Siegel outlined strategies they would support in order to speed up election results. Those included better tracking of equipment and improved training for staffers receiving ballots.

Their key recommendation: “Include multiple drop off locations around the county with livestream video of the drop off process.”

At the May 11 hearing, Tarrant County Elections Administrator Heider Garcia told lawmakers that’s the system they use to speed up results.

“Because we are a large county, we use regional drop-off locations for the poll workers to deliver the materials to us. If we had 350 poll workers queued up outside our office, election night would become election week,” Garcia said.

Under the tenure of former Republican County Clerk Stan Stanart, Harris County used four drop-off locations to count ballots. Stanart reassured voters the system of transmitting ballot counts was secure.

When the county clerk’s office flipped to Democratic control in 2018, the new County Clerk Diane Trautman intended to use multiple locations, as well, but scrapped the plan after the Texas Secretary of State’s office said the county would violate state law prohibiting the transmission of election results via the internet. Trautman told Commissioners Court in November 2019 she believed her system to relay results was legal, but rather than risk a lawsuit, Harris County would begin to count votes at a single location.

In this year’s primary election on March 1, Harris County used four drop-off locations to shorten the drive time for election judges, according to the Elections Administrator’s office spokesperson Leah Shah. She said they’ve returned to one drop-off location while trying to implement a program to reduce the need for multiple locations.

In response to the Harris County GOP urging judges to transport ballots themselves, Shah said the Elections Administrator’s office has sent out an email to GOP election judges notifying them that they can “opt in” to the county’s plan if they don’t want to drive the ballots themselves. Thirty-one GOP judges have opted in so far, according to Shah.

Someone is going to need to explain to me what Tarrant County is doing differently than what Harris County would have done under Diane Trautman’s plan. Having multiple dropoff locations makes sense to me, so let’s figure out what needs to happen from there and go forward with it. Make that a top priority for the next elections administrator. And again, election night reporting for the earlier May election was fine. If we have a similar experience on Tuesday night, that too will be fine.

The Lege is now 3/4 done with redistricting

All but the Congressional maps are done. They’re just plowing through it.

The Texas Legislature is nearing the end of its work to incorporate a decade’s worth of population growth into new political maps — pressing forward with efforts to cement GOP dominance of the statehouse and deny voters of color a greater say in who gets elected.

In the final stretch of a 30-day special legislative session, the Republican majorities in the House and Senate on Friday almost simultaneously signed off on new political maps for the opposite chamber, sending them to Gov. Greg Abbott, also a Republican, for his signature. The votes were largely procedural as neither chamber made any changes. It’s customary for each chamber to defer to the other in drawing up maps for its own members, but both must give them a vote.

By a vote of 81-60, the House granted approval to a Senate map that would draw safe seats for Republican incumbents who were facing competitive races as their districts diversified over the last 10 years.

The Senate gave an 18-13 vote to a House map that would fortify the Republican majority of the 150 districts, bolstering those that had grown competitive over the last decade and devising new battleground districts.

The House also signed off on a new map for the Republican-controlled State Board of Education, which sets standards for Texas public schools. Still left on the docket is a House vote on a redraw of the state’s congressional map that would largely protect incumbents in Congress while reducing the number of districts in which Black and Hispanic residents make up the majority of eligible voters. That vote is expected Saturday.

If adopted, the maps could remain in place for the next 10 years, though it’s all but certain that they will face legal challenges that could result in changes.

[…]

Sixteen Republican incumbents will be drawn into safe districts for reelection, while two Senate seats being vacated by Republicans would almost certainly go to new GOP candidates over Democrats next year based on the percentage of voters in the district who voted for Donald Trump over Joe Biden in last year’s presidential race.

Democrats would also likely lose Senate District 10 in North Texas, represented by Sen. Beverly Powell of Fort Worth. That would shift the Senate’s partisan makeup from the current 18 Republicans and 13 Democrats to 19 Republicans and 12 Democrats under the proposed map.

Voters of color in the district, which sits entirely in Tarrant County, have banded together with white voters over the last decade to elect their candidates of choice. Its eligible voters are 21% Black, 20% Hispanic and 54% white.

But under the proposed map, SD 10’s Black and Hispanic populations are split into two other districts with majority-white electorates.

The voters who remain in the newly drawn District 10 would also see major changes. Black and Hispanic voters in urban areas of south Fort Worth would be lumped in with seven rural counties to the south and west that would drive up the district’s population of white eligible voters to 62% while diminishing its population of voters of color.

Tarrant County House Democrats warned that federal courts had ruled that a similar attempt to redraw the district last decade was discriminatory. They offered multiple amendments to keep District 10 entirely in the county.

[…]

The House’s new map also pulls back on Hispanic and Black voters’ potential influence in electing their representatives.

The map brings the number of districts in which Hispanics make up the majority of eligible voters down from 33 to 30. The number of districts with Black residents as the majority of eligible voters would go from seven to six. Meanwhile, the number of districts with a white majority among eligible voters would increase from 83 to 89.

The map moved through the Senate chamber without any discussion, save for an earlier objection from state Sen. Eddie Lucio Jr., a Democrat from the Rio Grande Valley, during a Senate Redistricting Committee meeting Friday morning.

Lucio denounced a revision to the map that would carve up predominantly Hispanic communities in the Rio Grande Valley in service of creating a new competitive House district in the typically blue region. The change, forced by a member who does not represent the affected districts, blindsided the House members from the area.

“Members, this is my fourth redistricting session,” Lucio told other members of the committee. “In my time in the Legislature, I have never seen such blatant disregard for the process.”

Meanwhile, Republicans shot down Democratic proposals to create new opportunities for Hispanic or Black Texans to control elections.

State Rep. Todd Hunter, the Corpus Christi Republican serving as the House’s chief map-drawer, has previously argued the map “achieves fair representation for the citizens of Texas” while complying with federal law.

The redraw will ultimately aid Republicans’ ability to control the chamber for years to come.

The House map creates 85 districts that would have favored Trump at 2020 levels of support and 65 that would have voted for Biden. The current partisan breakdown of the House is 83 Republicans and 67 Democrats, though Trump only won 76 of the current districts in 2020.

See here and here for some background. The speed with which these maps have been approved is I believe one part there being basically no changes proposed in the other chamber, and one part a sense of urgency on the legislators’ part to get the hell out of town already. I can hardly blame them for that, but in the end it’s up to Greg Abbott.

On the subject of litigation over these maps, on claims of racial discrimination and voting rights violations, I remain pessimistic about the likelihood of any redress from the courts. Not because I think the maps are fair and accurately reflect the population, but because I have no expectation that this Supreme Court will countenance any voting rights claims. We could still do something about that at a federal level, but until Senators Manchin and Sinema let go of their bizarre obsession with the filibuster as it is currently defined, that ain’t going anywhere.

That said, I am reasonably optimistic about the potential for gains in the State House, if not in 2022 then in the coming years. The Chron story on the passage of these maps is a reminder of why.

The new Texas House map will protect Republican control by shedding Democratic-leaning areas where the party has lost support and moving those to blue districts while shoring up red ones.

That give-and-take is evident in west Harris County where two red districts, represented by Republican state Reps. Mike Schofield of Katy and Lacey Hull of Houston, are redrawn to include red-leaning precincts from Democratic state Rep. Jon Rosenthal’s nearby district; Rosenthal’s district will get blue-leaning areas now represented by the two Republicans.

As the state’s demographics change, however, there are only so many reliably red areas from which to pull. That meant for some districts, the best Republicans could do was make changes to benefit incumbents.

For example, the Energy Corridor district represented by state Rep. Jim Murphy, a Republican who is not seeking re-election, would give up some GOP precincts to Hull. Former President Donald Trump won Murphy’s district by 4 percentage points in 2020, but under the new map, that margin would drop to 2 points.

You’ve seen me make a version of this argument in previous posts. In the House, unlike the other maps, the Republicans were constrained by the county rule, which did not allow them to extend mostly rural districts into urban and suburban counties to dilute their Democratic communities. That forced them to draw a large number of districts with a relatively modest margin for Donald Trump, and the large majority of them are in counties where the trends have been moving strongly in a Democratic direction. Things can certainly change, and any given election can favor one party or the other, but overall that seems like a highly unstable equilibrium for the GOP.

The fourth map is of course the Congressional map. The Senate approved a map a few days ago, and the House committee approved it with no changes, as House Redistricting Chair Todd Hunter insisted that any amendments be made on the House floor. That puts them in position to be done with the entire business by the time the session ends, though I expect there to be a big fight when this map comes up for debate. The proposed map does some truly outlandish things to break up urban counties and communities of color, which I’m sure will draw a ton of heat and more threats of litigation from Dems. I expect them to get the job done, though if there are changes it will have to go back to the Senate for final approval. If it needs to go to a conference committee, that will almost surely require a fourth special session to finish it off. God help us all. Daily Kos has more.

State Reps to P Bush: Reconsider

Nearly all of the Harris County State Reps have written a letter to Land Commissioner George P Bush asking him to reconsider the ridiculous process that completely shut Houston and Harris County out of federal flooding funds.

A bipartisan group of state lawmakers on Tuesday asked Land Commissioner George P. Bush to reconsider his agency’s move to deny Houston and Harris County any funds out of a $1 billion federal pot of flood mitigation aid stemming from Hurricane Harvey.

In a letter to Bush, 22 state representatives — the entire Harris County delegation, aside from state Reps. Briscoe Cain and Mike Schofield — wrote that they found the decision “disappointing” and asked that the General Land Office “work to rectify this situation.”

The GLO, which Bush oversees, is responsible for disbursing more than $4 billion in federal aid to fund flood mitigation projects across southeast Texas. In the first round of aid payout last week, four smaller municipalities in east Harris County were awarded $90 million, but the city and county received nothing for the more than $1.3 billion in applications they submitted for various projects.

“We recognize there have been disagreements between local and state leaders on how to allocate various sets of federal funds around mitigation and recovery since Hurricane Harvey,” the lawmakers wrote. “(H)owever, no reasonable person could believe that the United States Department of Housing and Urban Development intended or … envisioned a scenario where a county of 4.7 million people and the fourth largest city in the United States, after experiencing three consecutive years of flood disasters, would not receive any of this $1 billion allotment.”

See here and here for the background, and here for a copy of the letter. As noted, the two Republican County Commissioners have also complained to P Bush about this. I’m not surprised that Briscoe Cain didn’t sign on to this – he’s a complete waste of space – but Mike Schofield’s omission is intriguing. I know things will change with redistricting to strengthen his position, but I thank him for providing the campaign fodder nonetheless. Whether this will make any difference or not I have no idea, but it was the right thing to do regardless. Kudos to Jon Rosenthal, the county delegation chair, for organizing this and to all of the members who did sign it.

Harris County posts updated election results

From Twitter:

You want to get my attention on Twitter, that’s a good way to do it. For comparison purposes, the unofficial final election night returns that the Clerk’s office sent out are here. The still-unofficial (because they haven’t yet been certified by Commissioners Court) results are here, though that URL may be temporary. A couple of highlights:

– Final turnout is now given as 1,656,686, an increase of 7,113 over the originally given total of 1,649,573. Turnout was 68.14% as a percentage of registered voters.

– Joe Biden’s lead over Donald Trump grew from 212,152 total votes to 217,563 total votes. The final score is now 918,193 to 700,630 for Biden.

– A couple of the close races changed by tiny amounts. Lizzie Fletcher’s margin of victory grew from 10,217 to 10,475 total votes. Jon Rosenthal lost 17 votes off his lead to Justin Ray to finish exactly 300 votes ahead, while Gina Calanni fell an additional 59 votes behind Mike Schofield.

– The two appellate court races cited by Adams-Hurta were of great interest to me. Amparo Guerra is leading on the SOS election night results page over Terry Adams by 1,367 votes out of 2.3 million votes cast. Meanwhile, Jane Robinson trailed Tracy Christopher by 4,311 votes. Could either of these races be affected? I had to check the other county election results pages as well, to see what final results were now in. This is what I got:


County       TC EN      JR EN      TC fin     JR fin   Change
=============================================================
Austin      11,440      2,680      11,606      2,698     -148
Brazoria    91,378     57,684      91,378     57,684        0
Chambers    17,200      3,720      17,200      3,720        0
Colorado     7,351      2,281       7,351      2,281        0
Fort Bend  161,423    176,466     161,532    176,662       87
Galveston   94,759     54,178      95,355     54,623     -151
Grimes       9,305      2,647       9,318      2,650     - 10
Harris     734,315    838,895     733,878    841,923    3,465
Waller      14,245      7,501      14,302      7,556     -  2
Washington  12,852      3,905      12,852      3,905        0

Total    1,154,268  1,149,957   1,154,772  1,153,702

County       TA EN      AG EN      TA fin     AG fin   Change
=============================================================
Austin      11,468      2,632      11,632      2,649     -147
Brazoria    91,430     57,174      91,430     57,174        0
Chambers    17,180      3,656      17,180      3,656        0
Colorado     7,393      2,217       7,393      2,217        0
Fort Bend  162,238    175,460     162,338    175,664      104
Galveston   95,057     53,375      95,643     53,820     -151
Grimes       9,351      2,570       9,364      2,572     - 11
Harris     728,402    842,905     727,952    845,951    3,496
Waller      14,303      7,459      14,364      7,508     - 12
Washington  13,043      3,784      13,043      3,784        0

Total    1,149,865  1,151,232   1,150,339  1,154,995

The first table is Tracy Christopher (TC) versus Jane Robinson (JR), the second is Terry Adams (TA) versus Amparo Guerra (AG). The first two columns represent the Election Night (EN) numbers as posted on their SOS pages, the second columns are the final numbers now posted on the county sites. Brazoria, Chambers, Colorado, and Washington still have their Election Night results up, so those have no changes. The Change column is from the Democratic candidates’ perspective, so a negative number means the Republican netted more votes.

Not surprisingly, the Harris results had the biggest effect, but in the end the winners were the same. Robinson now trails by an even smaller 1,070 vote margin, while Guerra has a bit more room to breathe with a 4,656 vote lead. Given the deltas in the other counties, my guess is that both Dems will see a small net loss. A real nail-biter in both cases, and it wouldn’t have taken much to change the outcomes. For what it’s worth, the two Dems who won these races this year were both Latinas, the two Dems that lost were not. Both Veronica Rivas Molloy and Amparo Guerra had larger leads in Harris County than Jane Robinson and Tamika Craft had, and that was what ultimately propelled them to victory. Maybe that would be different in a different years – Dems won all these races in 2018, remember – but this year it was consequential.

I suppose it’s possible there could be recounts in some of these races, but honestly, nothing is close enough to be changed. It’s a rare year that has no recounts, though, so we’ll see. Commissioners Court will certify the Harris County results on Tuesday, the statutory deadline.

Omnibus Election Day post

I was up really late last night, and there’s still a lot of votes to be counted. The SOS website was mostly trash, but a lot of county election sites took their sweet, sweet time even reporting any Election Day results. So here’s what I know right now, and I’ll have more tomorrow.

– The Presidential race is still unsettled as a lot of votes are to be counted. That may take a few days, but indications are decent for Biden at this point.

– Not in Texas, though. Biden was approaching five million votes as I write this, but he was trailing by six percent. The other Dems running statewide were losing by nine or ten. Still a fair number of Republicans who didn’t vote for Trump, and that made things redder downballot than you might have expected from the topline result. In a sense, 2020 was like 2018, in that the top Dem outperformed the others running statewide, but the gap at the top was wider.

– As of this writing, Dems appear to be on track to picking up one SBOE seat (SBOE5), reclaiming SD19, and likely sweeping the Appeals Court races that are anchored in Harris County; I have not checked the other Appeals Court races. Ann Johnson has knocked off Sarah Davis in HD134, and Gina Calanni is losing in HD132. Jon Rosenthal has a slim lead in HD135, while the two remaining Dallas County Republicans (Morgan Meyer in HD108 and Angie Chen Button in HD112) are hanging in, though Button’s lead is slimmer than Rosenthal’s. All other State House incumbents are winning, and all of the open seats are being held by the same party, which means that if all these races remain as they are…the composition of the Lege will be exactly as it is now, 83-67. Not what we were expecting, to say the least.

– Also not what we were expecting: As I write this, no Congressional seats appear poised to flip. Reps. Lizzie Fletcher and Colin Allred were re-elected, and Republicans have held onto all of their imperiled districts. Chalk that up to Trump and the rest of the statewide Rs doing better than the polls had suggested. One unexpectedly close race is in CD15, where Rep. Vicente Gonzalez was only leading by 6K votes as I write this. That said, none of the Election Day results from Hidalgo County were in for that race – all other counties except tiny Wilson were fully reported – so I would expect Gonzalez to win by a larger margin in the end.

(I should note that there’s a dispute in CD23, because of course there is.)

– Which leads to the uncomfortable fact that Trump did a lot better in the predominantly Latino counties in the Valley. I’m not going to get into that at this time – I guarantee, there are already a thousand thinkpieces about it – but the pollsters that showed him doing better and Biden lagging Clinton from 2016 were the winners of that argument. There will be many questions to be answered about that.

– Nothing terribly interesting in Harris County. Dems won all the countywide seats, but as noted lost in HD132 and HD138, and also lost in County Commissioners Court Precinct 3, so the Court remains 3-2 Dem. Note that Commissioners Court does its own redistricting, and after the 2010 election the Republican majority made CC2 a bit redder. I fully expect CC3 to shift in the Dem direction in the next map – it too was made redder after 2010 – but we’ll see how much of a difference it makes. Tom Ramsey has his work cut out for him. One change way downballot was Democrat Israel Garcia winning in the Justice of the Peace Precinct 5 race, knocking off longtime incumbent Russ Ridgway. Precinct 5 Constable Ted Heap managed to hang on.

– With 683 of 797 voting centers reporting, there were 1,595,065 votes cast in the Presidential race. Way down at the bottom of the ballot, in the two HCDE Trustee At Large races, there were 1,516,025 and 1,513,125 votes cast, a dropoff of about five percent. I think that should settle the straight-ticket voting question, at least for now.

– Fort Bend County completed its transition to Democratic. All Democratic countywide candidates won, with Eric Fagan becoming the first Black Sheriff in that county. Congratulations to all the winners.

I’ll have much more to say soon, but this is where we are very early on Wednesday morning. Good night and try to remain calm.

Of course Republicans have benefited from voting by mail

Obviously. And yes, even in recent elections.

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

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

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

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

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

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

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

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

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

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

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

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

30 Day 2020 campaign finance reports: State races, part 2

Continuing to look at the 30-day campaign finance reports. A lot of candidates have been reporting big hauls, especially in the hot State Rep races. As before, I will split these into four parts. Part one, with statewide, SBOE, and State Senate, is here. Part two is State House races from the Houston area, which is this post. Part three will be State House races from elsewhere in the state, and part four will be for Democratic incumbents that may be targeted. I’m not going to be doing every race of course, just the ones of interest. January reports for Harris County State House races are here, and the July reports for these candidates are here.

Martin Shupp, HD03
Cecil Bell, HD03

Lorena McGill, HD15
Steve Toth, HD15

Jeff Antonelli, HD23
Mayes Middleton, HD23

Brian Rogers, HD24
Greg Bonnen, HD24

Patrick Henry, HD25
Cody Vasut, HD25

Sarah DeMerchant, HD26
Jacey Jetton, HD26

Eliz Markowitz, HD28
Gary Gates, HD28

Travis Boldt, HD29
Ed Thompson, HD29

Joe Cardenas, HD85
Phil Stephenson, HD85

Natali Hurtado, HD126
Sam Harless, HD126

Kayla Alix, HD129
Dennis Paul, HD129

Gina Calanni, HD132
Mike Schofield, HD132

Sandra Moore, HD133
Jim Murphy, HD133

Ann Johnson, HD134
Sarah Davis, HD134

Jon Rosenthal, HD135
Justin Ray, HD135

Akilah Bacy, HD138
Lacey Hull, HD138


Dist   Candidate       Raised     Spent       Loan     On Hand
==============================================================
HD03   Shupp              305       618          0         305
HD03   Bell            12,400    14,708     82,140      16,924

HD15   McGill          27,474    23,342          0      12,161
HD15   Toth            38,615    18,138          0      40,889

HD23   Antonelli       10,889     5,393          0       5,495
HD23   Middleton      318,855    85,129    500,000     317,001

HD24   Rogers             455       240          0       1,170
HD24   Bonnen          47,466    70,626    450,000     541,745

HD25   Henry            3,010     5,355          0       1,775
HD25   Vasut           37,245    23,251      1,600       1,865

HD26   DeMerchant     322,433    94,227          0      90,146
HD26   Jetton         295,526    26,240     25,000      91,922

HD28   Markowitz      108,038    55,813          0      68,241
HD28   Gates          374,629   371,476  1,736,100      67,328

HD29   Boldt           59,421    18,253          0      40,635
HD29   Thompson       106,896   148,176          0     344,974

HD85   Cardenas        14,731     7,872      5,027       2,830
HD85   Stephenson      12,375    22,403     29,791      24,691

HD126  Hurtado        311,139   107,738          0     210,474
HD126  Harless        449,290    53,893     20,000     290,216

HD129  Alix            43,480     7,991          0      35,568
HD129  Paul            72,400    45,052    156,000      45,875

HD132  Calanni        308,292    75,081          0     235,006
HD132  Schofield      252,100    65,647          0      98,339

HD133  Moore           10,976    11,207          0       9,593
HD133  Murphy         140,000    89,105          0     586,798

HD134  Johnson        481,430   292,265          0     314,593
HD134  Davis          597,463    93,842          0     299,564

HD135  Rosenthal      206,564   111,248          0     110,589
HD135  Ray            418,811   126,810          0      52,800

HD138  Bacy           630,565    99,967          0     353,811
HD138  Hull           277,421    45,612          0      84,768

First things first, I had the wrong Republican listed for HD26 last time. Just a goof on my part, which is now corrected.

Also, as a reminder, when there’s a big disparity between the money raised and spent, and the cash on hand, look for a significant amount of in kind donations. A lot of the contributions to Mike Schofield, Justin Ray (nearly $300K in his case), and Lacey Hull are expenditures on their behalf by PACs like Associated Republicans on Texas. Some of this spending is quite visible – I’ve seen many ads for Hull and Ray (mostly Hull) on cable, mostly during sporting events. Some of that is wasted since I don’t live anywhere near either of their districts, but I’m sure people in those district did see them.

The main action outside of Harris County is in HD26, where both Sarah DeMerchant and Jacey Jetton. Both of them also had large in kind totals – $107K for deMerchant, mostly from the HDCC, and $170K for Jetton, again mostly from the ART. Eliz Markowitz raised a decent amount, and I give Lorena McGill and A for effort in her deep red district. The one candidate I wish had done better is Travis Boldt. HD29 is not a must-have to win the House, but it’s in a part of Brazoria County that’s been trending blue, and I feel like it’s worth the investment. Maybe something will happen in the 8 day reporting period. On the Republican side, Phil Stephenson has it in cruise control, and so far his anti-Abbott apostasy hasn’t been particularly lucrative yet for Steve Toth.

Natali Hurtado has another strong report, putting her a the top of the class among Democratic challengers to incumbents. Sam Harless is taking that challenge seriously. None of the longer-shot candidates have raised enough to change perceptions.

Gina Calanni and Jon Rosenthal have done well, though Rosenthal was outgunned by the PAC money that boosted Justin Ray. Sarah Davis bounced back from her unimpressive July report but still trails Ann Johnson in cash on hand. Akilah Bacy ($212K in kind) had the big report of the period. I have seen one pro-Bacy ad so far – I mostly watch sports on live TV, so maybe she’s got some running on other channels, who knows – and at least one anti-Bacy attack ad to go along with the Lacey Hull ads. I’ve seen a few Rosenthal ads as well, not as many as the Ray ads, but not too far behind. I’ve not seen any ads for Johnson or Davis, though I’m closer to HD134 than either 135 or 138. Maybe better targeting, or they’re not doing TV, or just not advertising where I’m watching. Have you seen any ads for any of these races?

More races from around the state coming next. Let me know what you think.

July 2020 campaign finance reports: State races, part 2

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

Martin Shupp, HD03
Cecil Bell, HD03

Lorena McGill, HD15
Steve Toth, HD15

Jeff Antonelli, HD23
Mayes Middleton, HD23

Brian Rogers, HD24
Greg Bonnen, HD24

Patrick Henry, HD25
Cody Vasut, HD25

Sarah DeMerchant, HD26
Matt Morgan, HD26

Eliz Markowitz, HD28
Gary Gates, HD28

Travis Boldt, HD29
Ed Thompson, HD29

Joe Cardenas, HD85
Phil Stephenson, HD85

Natali Hurtado, HD126
Sam Harless, HD126

Kayla Alix, HD129
Dennis Paul, HD129

Gina Calanni, HD132
Mike Schofield, HD132

Sandra Moore, HD133
Jim Murphy, HD133

Ann Johnson, HD134
Sarah Davis, HD134

Jon Rosenthal, HD135
Justin Ray, HD135

Akilah Bacy, HD138
Lacey Hull, HD138


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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

January 2020 campaign finance reports: State House, part 1

I’m going to take a two-part look at the finance reports in State House districts. Part One will be from Harris County, looking at both contested primaries and contested November races. Part Two will focus on races in the counties around Harris. Previous entries in this series include Harris County offices, and statewide races.

Undrai Fizer, HD126
Natali Hurtado, HD126

Sam Harless, HD126

Josh Markle, HD128
Mary Williams, HD128

Briscoe Cain, HD128
Robert Hoskins, HD128

Kayla Alix, HD129

Dennis Paul, HD129
Ryan Lee, HD129

Bryan Henry, HD130

Tom Oliverson (PAC), HD130

Alma Allen, HD131
Carey Lashley, HD131
Deondre Moore, HD131
Elvonte Patton, HD131

Gina Calanni, HD132

Angelica Garcia, HD132
Mike Schofield, HD132

Sandra Moore, HD133

Jim Murphy (PAC), HD133

Lanny Bose, HD134
Ann Johnson, HD134
Ruby Powers, HD134

Sarah Davis, HD134

Jon Rosenthal, HD135

Merrilee Beazley, HD135
Justin Ray, HD135

Akilah Bacy, HD138
Jenifer Pool, HD138
Josh Wallenstein, HD138

Josh Flynn, HD138
Lacey Hull, HD138
Claver Kamau-Imani, HD138

Jarvis Johnson, HD139
Angeanette Thibodeaux, HD139

Senfronia Thompson, HD141
Willie Franklyn, HD141

Harold Dutton, HD142
Richard Bonton, HD142
Jerry Davis, HD142
Natasha Ruiz, HD142

Shawn Thierry, HD146
Ashton Woods, HD146

Garnet Coleman, HD147
Colin Ross, HD147
Aurelia Wagner, HD147

Anna Eastman, HD148
Adrian P. Garcia, HD148
Cynthia Reyes-Revilla, HD148
Penny Shaw, HD148
Emily Wolf, HD148

Lui La Rotta, HD148

Michael Walsh, HD150

Valoree Swanson, HD150


Candidate     Raised     Spent     Loan     On Hand
===================================================
Fizer            800       319        0         500
Hurtado       25,091     9,588        0      11,752

Harless       73,265    11,022   20,000     103,669

Markle        78,906    12,426        0      68,081
Williams

Cain         125,891    39,462        0     133,616
Hoskins        4,575    26,033        0       3,804

Alix           2,141     1,343        0         898

Paul          85,621    38,444  156,000     116,486
Lee           10,720     4,779        0       5,879

Henry          3,385     2,901        0       3,385

Oliverson     56,555    62,895   60,000     101,693

Allen         11,100    13,251        0      32,798
Lashley
Moore
Patton        43,075     1,100        0      10,000

Calanni       82,002    24,571        0      70,770

Garcia        28,045    20,076        0      21,309
Schofield     27,400    24,152        0     152,549

Moore          2,000     2,539        0       1,502

Murphy       120,076   132,583        0     487,913

Bose          54,573    13,702        0      40,871
Johnson       58,287    31,075        0     148,054
Powers        43,015    40,852        0      18,299

Davis         89,750    76,040        0     230,958

Rosenthal     70,841    42,143        0      41,320

Beazley            0       465        0           0
Ray           52,666    24,644        0      47,082

Bacy          28,066     6,799        0      14,455
Pool
Wallenstein   42,137    35,766   10,000      51,786

Flynn         12,080    20,761        0       9,166
Hull          50,068     4,551        0      45,516
Kamau-Imani   18,800     2,229        0      16,570

Johnson        8,775     3,619    2,500      26,946
Thibodeaux     7,000     2,069        0       4,931

Thompson     104,216   136,801        0     889,738
Franklyn           0     1,873        0       1,336

Dutton        26,876    16,676        0      79,263
Bonton
Davis        139,565     9,787        0     129,928
Ruiz

Thierry       13,710    11,825        0      13,446
Woods          1,485     1,263        0       1,690

Coleman       97,990   129,532        0     110,589
Ross
Wagner

Eastman       75,378    57,861        0      33,967
Garcia        12,100     2,500        0       4,000
Reyes-Revilla  3,547         0    8,000       3,547
Shaw          11,635    15,531   34,000      15,454
Wolf               0         0      200         235

La Rotta      11,280    10,602        0       4,095

Walsh              0        33        0          33

Swanson       10,201    27,643   34,040      34,657

You may also want to refer to this Trib story and this Reform Austin post about the finance reports in the top tier House races. I don’t have the bandwidth to look at all of them, so check them out for their reporting on it.

There are several contested Democratic primaries, including five challenges to incumbents in safe D districts. This was a popular pastime in the 2000s, during the Craddick era – Alma Allen beat Ron Wilson, Armando Walle beat Kevin Bailey, Borris Miles took three out of four against Al Edwards. The latter of those occurred in 2012, and while there have been primary opponents to incumbents over the past few cycles, none have come close to succeeding; Edward Pollard in HD137 and Demetria Smith in HD149, both of whom got about 35% in their races in 2016, came closest. The one this year that has the greatest potential to upset the status quo is in HD142, where longtime State Rep. Harold Dutton faces unrest over his role in passing the TEA takeover bill as well as the tumult in City Council District B. Still-current District B incumbent Jerry Davis, who transferred all of his city campaign funds into his State Rep campaign treasury, is the main threat to Dutton. I can’t wait to see how the endorsements play out – Davis has already gotten the nod from the Texas Gulf Coast Area Labor Federation (TGCALF), AFL-CIO, the only challenger to an incumbent in Harris County to do so. Elvonte Patton, who was a candidate for HCDE in the 2018 primary, has a nice fundraising total, but most of that is in kind, and Alma Allen has vanquished previous challengers with 85% or more of the vote in the past.

On the Republican, there’s not much action outside of an attempt to install a grownup in HD128. As I understand it, Robert Hoskins has some establishment support in his effort to knock out Briscoe Cain, but as you can see not a lot of money. We both know which speaks louder.

The four most hotly contested seats, one of which is open, is where the bulk of the action is. All three contenders in HD134 raised similar sums, but Ann Johnson has a commanding lead in cash on hand thanks to a big first half of the year. Akilah Bacy and Josh Wallenstein both raised a few bucks in HD138, with Wallenstein doing a bit better, while Lacey Hull led the pack on the Republican side. I have to assume now that his spot on the ballot is assured, Josh Flynn will ramp it up. Freshman Reps Gina Calanni and Jon Rosenthal both outpaced the totals of their potential opponents. The HD132 GOP race will be interesting, as Angelica Garcia has Greg Abbott’s endorsement but former Rep. Mike Schofield still has cash left over from his 2018 loss. To some extent, none of these totals matter that much because there will be a ton of PAC money on both sides in all of the competitive districts. Still, a candidate or incumbent who can raise cash on their own is stronger than one who relies mostly on others doing that work.

In HD148, where there’s both a contested primary and a special election runoff (happening now!), the main thing to note is that these totals are all from October 27 through the end of the year, as all of the candidates save Emily Wolf had eight-day finance reports from their November 2019 races. Penny Shaw has gotten a couple of early endorsements, so the 30-day report in early February will tell a more detailed picture for this race. As for the special election runoff, there’s nothing to suggest anything unusual, Erica Greider’s weekend daydreams aside.

Beyond that, not a whole lot else to discuss. Jim Murphy’s cash on hand total is one reason why I speculated he might consider a run for Mayor in 2023 if the Lege is no longer amenable to him. Sarah Davis would probably have more cash on hand right now if she hadn’t had to fend off primary challengers in the past. As above, I’m pretty sure she’ll have the funds she needs to run that race. The Dems have some longer shots out there, with HD126 being the most competitive of them, so keep an eye on Natali Hurtado. I’ll be back next time with the State House races from elsewhere in the region.

On straight tickets and other votes

I have and will continue to have more to say about straight ticket votes. Part of me is reluctant to talk about this stuff, because I feel like we’ve reached a point where straight ticket votes are seen as less than other votes, and I don’t want to contribute in any way to that. But given all the talk we’ve already had, and the unending stream of baloney about the ridiculously outsized effect they supposedly had in this election, I feel like I need to shed what light I can on what the data actually says. So onward we go.

Today I want to look at a few districts of interest, and separate out the straight ticket votes from the other votes. Again, I hesitated to do this at first because I object so strenuously to the trope that straight ticket votes tipped an election in a particular way, to the detriment of the losing candidate. If a plethora of straight ticket votes helped propel a candidate to victory, it’s because there was a surplus of voters who supported that candidate, and not because of anything nefarious. We call that “winning the election”, and it stems from the condition of having more people vote for you than for the other person. Anyone who claims otherwise is marinating in sour grapes.

So. With that said, here’s a look at how the vote broke down in certain districts.


CD02:

Straight R = 109,529
Straight D =  87,667

Crenshaw      29,659
Litton        32,325

CD07:

Straight R =  90,933
Straight D =  86,640

Culberson     24,709
Fletcher      41,319

If you want to believe in the fiction that straight ticket votes determined the elections, and not the totality of the voters in the given political entity, then please enjoy the result in CD02, where Dan Crenshaw rode the straight ticket vote to victory. Those of us who refuse to engage in such nonsense will merely note that CD02 remained a Republican district despite two cycles of clear movement in a Democratic direction. And then there’s CD07, which stands in opposition to the claim that straight ticket votes are destiny, for if they were then John Culberson would not be shuffling off to the Former Congressman’s Home.


HD126:

Straight R =  24,093
Straight D =  19,491

Harless        6,306
Hurtado        5,544

HD132:

Straight R =  27,287
Straight D =  26,561

Schofield      5,441
Calanni        6,280

HD134:

Straight R =  27,315
Straight D =  30,634

Davis         19,962
Sawyer        11,003

HD135:

Straight R =  22,035
Straight D =  22,541

Elkins         4,666
Rosenthal      5,932

HD138:

Straight R =  18,837
Straight D =  18,746

Bohac          5,385
Milasincic     5,429

HD126 and HD135 were consistent, with straight ticket and non-straight ticket votes pointing in the same direction. Gina Calanni was able to overcome Mike Schofield’s straight ticket lead, while Adam Milasincic was not quite able to do the same. As for HD134, this is one part a testament to Sarah Davis’ crossover appeal, and one part a warning to her that this district may not be what it once was. Republicans are going to have some tough decisions to make in the 2021 redistricting if they want to hold onto this district.


CC2:

Straight R =  86,756
Straight D =  92,927

Morman        25,981
Garcia        21,887

CC3:

Straight R = 132,207
Straight D = 122,325

Flynn         32,964
Duhon         40,989

CC4:

Straight R = 144,217
Straight D = 122,999

Cagle         42,545
Shaw          34,448

Finally, a Democrat gets a boost from straight ticket voting. I had figured Adrian Garcia would run ahead of the pack in Commissioners Court Precinct 2, but that wasn’t the case. I attribute Jack Morman’s resiliency to his two terms as incumbent and his millions in campaign cash, but in the end they weren’t enough. As was the case with CD02 for Dan Crenshaw, CC2 was too Democratic for Morman. That’s a shift from 2016, where Republicans generally led the way in the precinct, and shows another aspect of the Republican decline in the county. You see that also in CC3, where many Dems did win a majority and Andrea Duhon came close, and in CC4, which is at this point the last stronghold for Republicans. Democrats are pulling their weight out west, and that had repercussions this year that will continue to be felt in 2020 and beyond.

There’s still more to the straight ticket voting data that I want to explore. I keep thinking I’m done, then I keep realizing I’m not. Hope this has been useful to you.

Harris County certifies the 2018 vote

We have a winner:

We have another winner:

View this post on Instagram

The votes have been certified. We won by 113. Thank you to everyone that canvassed, phone banked, texted, hosted an event, invited me to meet your friends in your homes, shared my social media, registered voters, invested in the campaign, and voted! We did it! We flipped a seat that hasn’t been held by a democrat in decades. A seat that no woman has ever held. I look forward to representing the people of TXHD132 and focusing on making positive changes for all Texans. Thank you for your support. #txlege #txed #texas #katytx #cypresstx #floodcontrol #humantrafficking #enditmovement❌ #community #momlife #writersofinstagram #riseup #politics #house #congress #represent #instamoment #instalife #cantstopwontstop #letsdothis

A post shared by Gina Calanni (@gina_calanni) on

And we have a near miss:

Adam Milasincic

If the count is accurate, we fell short by 47 out of 48,417 votes. In the two decades since Harris County adopted computerized voting, “recounting” per se has never moved more than two or three votes. The pathway to challenge whether certain ballots were improperly rejected—and thus materially affected the outcome—would involve an election contest in the Texas House. Over the next weeks, we will complete due diligence to determine if such a contest makes sense.

Regardless, at least 49.93% of voters endorsed bold change in House District 138 this year. In 2016, no Democrat even ran for this seat. I extend heartfelt thanks to the voters and to our volunteer army who made such progress possible.

In whatever capacity, I will continue working for marginalized communities in Northwest Houston—especially immigrant families and those abused by the criminal justice system or made into scapegoats by Trump and the back-benchers who copy his playbook.

In coming months, we will have an announcement about 2020. As Ted Kennedy said, “for all those whose cares have been our concern, the work goes on, the cause endures, the hope still lives, and the dream shall never die.”

There was a story in the print edition of the Chron about Commissioners Court certifying the vote on Friday, but I can’t find it online. These were the three closest races of interest, so there you have it. No idea at this time if Mike Schofield will pursue a recount.

An update on the close races

Good news from Harris County.

Gina Calanni

Fresh tallies of absentee and provisional ballots narrowed state Rep. Dwayne Bohac’s margin over Democrat Adam Milasincic to 47 votes, while incumbent Republican Mike Schofield of Katy trailed Democratic challenger Gina Calanni by 113 votes.

Harris County Commissioners Court will make the results official Friday, according to the county clerk’s office. Candidates may request a recount if they trail by less than 10 percent of the total number of votes received by the leading candidate, meaning both races are well within the requisite margin.

As it stood Thursday, Bohac’s lead amounted to less than one tenth of a percent, out of 48,417 votes. Calanni led by a more comfortable .17 percent, among 66,675 votes. Election night returns had showed Bohac leading by 72 votes and Calanni up by 97 votes.

Either way, the results mark a dramatic shift from 2014, when Schofield and Bohac, R-Houston, last faced Democratic foes. That year, the two Republicans won by more than 30 percentage points, each roughly doubling their opponents’ vote totals.

[…]

In the 108th House District, Democrat Joanna Cattanach requested a recount Wednesday, the Dallas Morning News reported. She trailed incumbent state Rep. Morgan Meyer, R-Dallas, by 221 votes, according to Dallas County elections results updated Wednesday.

In Collin County, state Rep. Matt Shaheen, R-Plano, led Democrat Sharon Hirsch by 391 votes in the 66th House District, according to the county’s elections site. Hirsch had not conceded as of Thursday morning.

Cattanach is the first candidate to request a recount, but she won’t be the last. Expect her to have some company after the results around the state are certified Tuesday.

Meanwhile, in CD23:

The political roller coaster in Congressional District 23 continued Thursday when Gina Ortiz Jones’ campaign turned its attention to election officials in Medina County.

Commissioners in Medina declined to certify the county’s results, temporarily raising the possibility of a recount in the Republican stronghold. The commissioners were given two different figures for the number of absentee voters — 1,034 and 1,010.

Jones trails incumbent Republican Will Hurd by around 1,000 votes in the race, which remains too close to call.

There’s no other choice but for this department to have a recount,” Republican Commissioner Tim Neuman said after finding the variation.

But a couple hours later, Medina Elections Administrator Lupe Torres said they were able to identify the discrepancy and would reschedule the canvassing for Monday, a plan Neuman said he agreed with.

[…]

On Thursday, the [Jones] campaign accused Medina County of breaching protocol after counting 981 mail ballots on election night. Early voting ballot boards are the small, bipartisan groups charged with reviewing and qualifying those ballots, along with provisional votes.

At the end of the night, the ballot board usually turns off the machine it used to count the ballots, as is protocol, according to affidavits from the two Democratic-appointed board members, which the campaign provided.

Instead, Torres told them to leave the machine running. Torres told them he needed to run 29 “limited” ballots through the machine, bringing the number to 1,010.

Limited ballots are cast by people who have recently moved from another county but have not switched their registration.

Torres initially denied those claims, but he later said he would “correct himself” and admitted it happened. When asked why about the denials, he said: “That’s what I thought had happened.

I don’t even know what to make of that. Just add it to the weirdness pile for this election. We’ll know more soon.

CD23 update

Today is the last day to cure a provisional ballot. In the meantime, the counting goes on in the closest Texas Congressional race.

Gina Ortiz Jones

Election officials in 29 Texas counties are furiously counting outstanding votes in the Congressional District 23 election, in which Republican Rep. Will Hurd holds a narrow lead with at least 859 ballots outstanding.

Hurd, a two-term incumbent, thought he had a comfortable win Tuesday night, when the Associated Press called the race for him around 11 p.m.

But the contest tightened in the early morning hours Wednesday, and it appeared — for a half-hour — that Democratic challenger Gina Ortiz Jones had pulled off an upset.

Then the lead changed hands again, and the state’s unofficial results showed Hurd winning by 689 votes. Later Wednesday, a tabulation error in Jones’ favor was discovered in Culberson County. Once the error was corrected, Hurd’s margin had increased to 1,150 votes — out of more than 200,000 cast.

[…]

On Friday, Bexar County — which accounts for more than half the votes in the district — updated its tally to reflect 446 ballots counted since election night. Hurd received 183, Jones 253 and Libertarian candidate Ruben Corvalan 10.

Jones gained a net 70 votes, reducing Hurd’s overall margin to 1,080.

Bexar County Elections Administrator Jacque Callanen said there’s been a steady stream of lawyers and campaign workers at the county’s Elections Department asking questions about the uncounted ballots.

“We haven’t seen so many lawyers in here since forever,” she said.

At least 859 ballots are still outstanding, according to county elections officials across the district, but it’s unclear how many will ultimately be included in the final count.

See here for some background. The SOS still shows Hurd with a 1,150 vote lead, but as you can see the Bexar County elections page shows more votes counted, so the SOS page is a bit out of date. Ortiz Jones is pushing for more information about the provisional voters, though Bexar County officials say they’re just following the rules about what can and cannot be disclosed at this time. I still don’t expect there the be enough uncounted votes to make it likely that she could catch up, but we’ll know soon enough.

In the meantime, the HD138 and HD108 races remain in contention, while Gina Calanni’s lead in HD132 has increased to 97 votes. Dallas County Democratic Party Chair Carol Donovan put out a statement yesterday about the HD108 race that included this curious bit:

One of the hold-ups is caused by the Texas Department of Motor Vehicles. Though Texas law allows people to register to vote when renewing their drivers license, the DMV is notorious for sitting on these registrations and failing to turn them in to the election department of the counties in which they operate. Without this documentation, the local election departments are unable to determine if certain provisional ballots should be counted. In Dallas County, it is estimated that approximately 1,000 provisional ballots are being held, pending the documentation from the DMV. This number is significantly higher than the number of votes that separate the candidates in House District 108.

Not really sure what to make of that, but as I said, we should at least get some official numbers by the end of the day today. Stay tuned.

How many recounts might there be?

More than one, is my guess.

Rep. Morgan Meyer

On Wednesday, Dallas state Rep. Morgan Meyer, a Republican, tweeted that he was “honored and grateful” voters had decided to send him back to the Texas Legislature for another term in office.

But his Democratic opponent in the race, Joanna Cattanach, isn’t ready to concede in House District 108, which includes Park Cities, Uptown Dallas, parts of downtown and Old East Dallas.

[…]

In Houston, Republican state Rep. Dwayne Bohac inched ahead of Democratic challenger Adam Milasincic on election night with 137 votes. Milasincic, too, is waiting on all votes to come in.

“I want to see the final numbers before we make any determination one way or another,” Milasincic said, adding that he hadn’t expected the count to draw out this long.

In Houston, Republican state Rep. Dwayne Bohac inched ahead of Democratic challenger Adam Milasincic on election night with 137 votes. Milasincic, too, is waiting on all votes to come in.

“I want to see the final numbers before we make any determination one way or another,” Milasincic said, adding that he hadn’t expected the count to draw out this long.

“I wish it had been over on election night,” he said.

In Collin County, state Rep. Matt Shaheen, R-Plano, with 378 more votes in unofficial returns, declared victory over Democrat Sharon Hirsch.

But Hirsch posted a message on her website noting the close margin and adding that she is “waiting until this process concludes before making any final remarks.”

[…]

State Rep. Mike Schofield, R-Houston, who trailed Democrat Gina Calanni by 49 votes, told his supporters on social media Thursday morning that “Tuesday’s results are not final yet.”

“The Harris County Clerk advises me that there are many votes yet to be counted — more absentee ballots and provisional ballots. We will continue to wait for a final vote count.”

And of course there’s the still-unsettled CD23 race. Meyer leads Cattanach by 440 votes, which is the widest margin of the it-ain’t-over-till-it’s-over State Rep races. I can’t think of an example of a race that was materially affected by overseas and provisional ballots – my impression is that such votes tend to be countable on one’s fingers – but I suppose there has to be a first time at some point. The last successful recount that I can think of was the 2004 Dem primary between Henry Cuellar and Ciro Rodriguez, in which a bunch of ballots were found after Election Day. This is all part of the process and people are entitled to ask for recounts. I just don’t ever expect them to change anything.

From the “I may have spoken too soon” department

First, Will Hurd was declared the winner in CD23. But there were still a few precincts out, some in deep red Medina County and others in El Paso County. Hurd started the evening with a 6K early vote lead, but Jones cut into it through the night. Then we had this:


CD23

Will Hurd - Incumbent   REP    100,627  48.88%
Gina Ortiz Jones        DEM    100,909  49.02%
Ruben Corvalan          LIB      4,311   2.09%

And it looked like all the precincts had been counted, and Gina Ortiz Jones had pulled it out in the end. But then it turned out there may have been a mistake in the Medina numbers, and the SOS page showed one precinct still out. When the dust cleared, we got this:


CD23

Will Hurd - Incumbent   REP    102,903  49.11%
Gina Ortiz Jones        DEM    102,214  48.78%
Ruben Corvalan          LIB      4,402   2.10%

Harold has the screenshots. One way or the other, I smell a recount.

Which leads to this:


HD132

Mike Schofield (REP)    32,629  49.14%
Gina Calanni   (DEM)    32,678  49.21%
Daniel Arevalo (LIB)     1,097   1.65%

There were only a tiny number of uncounted precincts left in Harris County when I posted that omnibus report, but apparently some of them were in HD132, and they gave Gina Calanni enough support to overcome the 270-vote advantage Mike Schofield had owned. Again, for sure there will be a recount, but if this results now stands, Democrats will have 67 of 150 seats in the State House, for a gain of twelve (!) in that chamber. I am amazed. And I won’t be surprised if I find out that something else has happened in one of these races, or any other for that matter.

Endorsement watch: Three for four

Four endorsements for the State House, and this time the Dems collect three recommendations from the Chron. All are challengers to incumbents, and all are in districts that have been trending blue.

HD132: Gina Calanni

Gina Calanni

Gina Calanni has written several novels, is a single mother with three boys and is making her first political run to represent this westside district. She has the backing of some major women’s organizations – Emily’s List, for example – and a number of local political groups. Add us to the list.

Calanni, 41, supports plenty of a reasonable plans we’ve heard from Democrats and Republicans alike running for House seats: She wants to bring soaring property taxes back to Earth by restoring the state’s full share of funding to public schools – it’s paying 37 percent of the school tab versus the usual 50 percent —and making corporations pay taxes on the full value of their properties. She has a dedicated focus on passing laws to help fight sex trafficking.

Calanni also told us that she wants the state to expand Medicaid, and is desperate for construction of the much-discussed third flood-control reservoir for Houston. It could be somewhere in or near her district, which runs north-south from Katy to Cypress, is bisected by the Grand Parkway, and was hit hard by Harvey.

“We don’t need any more studies; we need to build it right now,” Calanni said during her candidate interview.

They dinged Rep. Mike Schofield, whom they had previously endorsed, for meddling with the pension reform bill and redirecting clean air funds to “crisis pregnancy centers”.

HD135: Jon Rosenthal

Jon Rosenthal

Rosenthal is a 55-year-old mechanical engineer who has worked mostly in the oil industry and is making his first run at political office. Like just about everybody, Rosenthal complains about rising property taxes, which he blames in part on state leaders giving big corporations tax breaks by allowing them to greatly undervalue their properties, while at the same time directing money that should be going to public schools to charter schools.

Charter schools were supposed to be centers of innovation that would boost educational achievement, Rosenthal said, but their students are not doing any better on standardized tests than those in public schools. Rosenthal also said he wants to look at other ways of raising money to help fund schools, including the legalization of marijuana.

“I’m down with making it legal and regulating and taxing it just like we do with tobacco,” he said. “I’m an ex-hippie.”

He does not agree with plans to raise sales taxes because he thinks it will hurt the poor and the elderly. We found Rosenthal to be congenial, bright, well informed and very committed to the idea of making Texas a better place.

They really went to town on Rep. Gary Elkins, giving him one star and ending with an all-caps plea to all to not vote for him. As you know, I couldn’t agree more.

HD138: Adam Milasincic

First-time candidate Adam Milasincic has the potential to become a top-notch member of the Texas House of Representatives and voters in this district shouldn’t pass on the opportunity to see what he can do in Austin. Milasincic, 34, is a super smart, well-spoken lawyer with lots of good ideas and probably the savvy to get some of them through a Republican-dominated Legislature.

Milasincic has already stepped up to help his fellow Houstonians by volunteering to represent hurricane victims cheated by landlords.

Like most Democratic candidates — and plenty of moderate Republicans in the Texas House — Milasincic wants to restore the state’s share of school funding and reduce thetax burden on homeowners. He opposes school vouchers and what he calls “other schemes to privatize or def-und our public schools.”

On flooding, Milasincic also told us that he wants a regional flood control district, stricter rules on development in flood prone areas and a third flood control dam northwest of the city.

Incumbent Rep. Dwayne Bohac is another one the Chron has endorsed before, and as with Schofield they knocked him for meddling with the pension bill. You had one job, guys!

The one Republican incumbent they went for (in this round; there are four more Democratic challengers, plus a few Republican contestants) was Rep. Dennis Paul in HD129, though they gave an equal star rating to Democrat Alex Karjeker and had good things to say about him. I don’t know if the Chron plans to go outside Harris County in these races – Lord knows, they have plenty right here to keep them busy – but they’re making progress. You can find my interview with Calanni here, my interview with Rosenthal here, my interview with Milasincic here, and my interview with Karjeker here.

Special session officially set

Brace yourselves, it starts next week.

Gov. Greg Abbott issued a declaration for a special session of the Texas Legislature Monday, formally inviting lawmakers back to Austin to pass “sunset legislation” that will keep several key state agencies open.

The long-awaited procedural move allows lawmakers to begin filing bills for the special session set to begin on July 18.

In addition to the formal declaration, Abbott also released a draft version of 19 additional items he plans to add to the special session agenda later on. Last month, Abbott announced that lawmakers would consider 20 total legislative items during the special session.

[…]

Secretary of the Senate Patsy Spaw said her office received a copy of the proclamation around 11:00 a.m., which she forwarded to senators to alert them that they could begin filing bills. A physical copy of the proclamation was also delivered to senators’ offices in the Capitol building. Senators began filing bills Monday afternoon.

Meanwhile the House, which has had an e-filing system in place for years, received over two dozen bills before 1 p.m.

Robert Haney, the House chief clerk, said the first bill filed Monday, House Bill 41 from state Rep. Mike Schofield, R-Katy, was received at 11:42 a.m. The bill aims to change how the state calculates the constitutional spending limit, which restricts how much the budget can grow from one biennium to the next.

Within an hour, dozens of other bills were filed including two pieces of bathroom-related legislation from state Rep. Ron Simmons, R-Carrollton. HB 46 would forbid “political subdivisions, including a public school district” from adopting or enforcing measures to “protect a class of persons from discrimination” in regulating “access to multi-occupancy restrooms, showers or changing facilities.” HB 50 is identical except applying only to a school district board.

See here and here for the background. Special sessions are limited to the agenda the governor sets. That has never stopped anyone from filing bills on whatever other subjects they wanted, some good, some bad, and some utterly pointless, because you never know when the governor may exercise his power to add to that agenda. The real question for this session is what happens when some number of Abbott’s bills don’t get passed – indeed, don’t even get a vote. “Sunset and sine die” may be the battle cry, but nothing would stop Abbott from calling everyone right back, as Rick Perry did in the past. How much is enough for Abbott? We’re about to find out.

Republicans sure are hoping to get a bailout on school finance

Am I the only one who thinks that a lot of this sounds like wishful thinking?

BagOfMoney

The Texas Supreme Court may punt in a far-reaching school finance case, asking a lower court to assess the Legislature’s latest efforts on public schools. If it does, a new law may reduce the influence of trial judges elected in liberal Austin.

The Republican-backed law, passed largely along party lines, would deny Travis County’s Democratic judges their usual first crack at deciding multibillion-dollar lawsuits over school finance and politically fraught battles over redrawing congressional and legislative districts.

If it’s invoked in the school finance case, Attorney General Ken Paxton, a Republican, would ask Supreme Court Chief Justice Nathan Hecht, also a Republican, to name a three-judge panel. Two of the three would be judges who sit — and are elected — some distance from Austin.

Rick Gray, who represents hundreds of low- and medium-wealth school districts in the lawsuit, predicts that adding geographically dispersed judges to review the Legislature’s work won’t change the final decisions.

In recent years, lawmakers have underfunded schools even as they set higher academic requirements for students, he said. About 650 of the state’s 1,023 school districts joined the current suit, he noted.

“These cases are really not about politics,” Gray said. “If you’ve got more than 60 percent of your school districts saying, ‘We can’t do it,’ that screams at you that you’ve got a problem.”

[…]

In oral arguments before the high court in September, aides to Paxton argued that the justices should throw out the case or send it back to district court for a review of budgetary and school-related actions of the 2015 Legislature.

Gov. Greg Abbott, in a friend of the court brief filed in late August, made the same plea. The Republican governor said in this year’s session, lawmakers passed “important reforms,” such as $118 million in grants to enrich the quality of prekindergarten programs. Over the past two sessions, the state has boosted overall school spending by 17 percent, Abbott said.

Lawyers for the plaintiff school districts, such as Gray, said they doubt the Supreme Court will toss their suit or require further study.

They noted that Travis County District Judge John Dietz already reviewed the Legislature’s 2013 move to increase school funding by $3.4 billion, after lawmakers cut $5.4 billion to offset a severe shortage of state revenue two years earlier.

[…]

House Public Education Committee Jimmie Don Aycock, R-Killeen, said he discussed the case in October with Abbott, a former attorney general and Supreme Court justice.

“His prediction when I spoke with him was that there’s a 50 percent probability of a remand, a 25 percent probability of reversal and a 25 percent probability that there’d be substantial upholding of Dietz’s ruling — which leaves a 75 percent chance that the school districts will be unhappy,” Aycock said.

I’m not sure where Abbott came up with those numbers, but I’d guess it’s based on faith that we may finally have a Supreme Court that’s too conservative to care about school finance. I suppose the Supreme Court could remand the case back to a district court, but if so it will do so with instructions about how to revisit the case and what guidelines it should use to do so; it may also be that only part of the case is remanded. The point I’m making is that how they do so and what they tell the lower court to reconsider is of great importance. That said, it’s hard to escape the perception that underlying this is a hope that by doing so, and by getting (presumably) two Republican judges involved in the review, they can finally be free of this nonsense. That sure would be easier than actually dealing with it.