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Rochelle Garza

Precinct analysis: Inside and out of the city

Most years we don’t get the data to differentiate between votes cast by residents of Houston and votes cast by Harris County non-Houston residents. There needs to be a citywide referendum of the ballot in order to get at this data. Fortunately, we had that this year, so we can take a look at how the races of interest shaped up. The usual caveat applies here, which is that this data is not exact. There are multiple precincts that are partially in Houston and partially not in Houston. Many of them have a tiny number of Houston-specific votes in them, with a much larger contingent of non-Houston votes. Counting these as Houston precincts means you wind up with a lot more total votes in Houston than were cast in the referenda elections, and gives you a distorted picture of the candidate percentages. I filter out precincts with ten or fewer votes cast in the Houston proposition elections, which is arbitrary and still yields more total votes than in the prop races themselves, but it’s close enough for these purposes. So with all that preamble, here’s the data:


Candidates    Houston   Not Hou    Hou%    Not%
===============================================
Beto          317,736   277,917  63.43%  46.22%
Abbott        175,533   314,728  35.04%  52.34%

Collier       312,803   273,337  62.81%  45.64%
Patrick       171,319   312,803  34.40%  51.84%

Garza         312,022   272,513  62.83%  45.61%
Paxton        170,642   309,499  34.36%  51.80%

Dudding       294,958   255,993  59.69%  43.03%
Hegar         185,671   324,329  37.58%  54.52%

Kleberg       296,878   257,563  60.34%  43.45%
Buckingham    184,006   323,967  37.41%  54.65%

Hays          308,304   269,169  62.61%  45.36%
Miller        184,139   324,228  37.39%  54.64%

Warford       290,364   251,323  59.02%  42.41%
Christian     181,355   319,465  36.86%  53.91%

To be clear about what this data shows, Beto won the city of Houston by a margin of 317,736 to 175,533, or 63.43% to 35.04%, while Greg Abbott carried the non-Houston parts of the county 314,728 to 277,917. This is about 493K ballots cast for those two candidates, which doesn’t count third party and write-in candidates or undervotes; I didn’t tally them all up but we’d be at around 510K total ballots defined as being “Houston”. In actuality, there were 486K total ballots cast, including undervotes, in the city prop races. Like I said, this is plenty good enough for these purposes.

As noted, I don’t have a whole lot of data for this from previous elections, but what I do have can be found in these posts:

2008
2012
2018

There were city propositions in 2010, for red light cameras and ReNew Houston, but I didn’t do the same city-versus-not-city comparisons that year, almost certainly because 2010 was such a miserable year and I just didn’t want to spend any more time thinking about it than I had to.

Looking back at those earlier years, Beto fell short of the top performers in Houston, which in 2008 and 2012 was Adrian Garcia and which in 2018 was himself, but he did better in non-Houston Harris County. That’s consistent with what I’ve said before about how Democrats have overall grown their vote in the former strong Republican areas, while falling short on turnout – this year, at least – in the strong Democratic areas. Note how even the lowest scorers this year exceeded Obama’s performance in non-Houston by three or four points in 2008 and four or five points in 2012, while doing about as well in Houston. As I’ve said, Harris County is more Democratic now. This is another way of illustrating that.

Here’s the same breakdown for the countywide races:


Candidates    Houston   Not Hou    Hou%    Not%
===============================================
Hidalgo       294,968   257,935  59.79%  43.39%
Mealer        198,286   336,434  40.19%  56.59%

Burgess       290,267   255,860  60.14%  43.81%
Daniel        192,368   328,119  39.86%  56.19%

Hudspeth      293,030   256,624  60.84%  44.00%
Stanart       188,573   326,633  39.16%  56.00%

Wyatt         293,352   256,862  60.86%  44.00%
Scott         188,623   326,849  39.14%  56.00%

No third party candidates here, just a write-in who got a handful of votes for County Judge, so the percentages mostly add up to 100. More or less the same story here, with the distinction between Houston and not-Houston being smaller than in prior years. There won’t be any citywide propositions in 2024, not if we have them this coming November, but I’ll try to use the precinct data I have here to analyze that election. In what should be a stronger Democratic year, I’ll be very interested to see how things change. As always, let me know if you have any questions.

Precinct analysis: The not-as-good statewide races

PREVIOUSLY
Beto versus Abbott
Beto versus the spread
Hidalgo versus Mealer
Better statewide races

The difference between these statewide races and the ones we have already looked at, including the Governor’s race, is very simple: These Republican candidates did better than the ones we have seen, and the Democrats did less well. The Dems in the first four races we analyzed all topped 53% of the vote in Harris County. The high score with these three is Jay Kleberg’s 51.11%. Luke Warford, who had a Green opponent as well as a Libertarian opponent, fell short of a majority in Harris County, getting 49.95% for a plurality. Let’s see how this breaks down.

Comptroller


Dist    Hegar  Dudding     Lib
==============================
HD126  36,931   21,555   1,269
HD127  40,053   24,746   1,441
HD128  32,350   12,795   1,014
HD129  38,119   24,936   1,559
HD130  46,320   18,701   1,229
HD131   6,114   24,275     906
HD132  36,340   23,387   1,259
HD133  35,123   24,187   1,043
HD134  32,915   46,611   1,330
HD135  17,107   22,475   1,135
HD137   8,263   12,428     646
HD138  32,580   23,012   1,269
HD139  12,325   30,301   1,174
HD140   5,761   12,183   1,066
HD141   4,586   20,094     815
HD142   8,957   24,548     997
HD143   8,538   14,611   1,218
HD144  11,734   13,368   1,167
HD145  13,855   29,642   1,839
HD146   9,031   32,118     953
HD147   9,676   35,412   1,338
HD148  16,203   19,567   1,251
HD149  12,278   18,681     882
HD150  34,841   21,318   1,294
							
CC1    72,584  195,779   6,893
CC2    97,146   99,729   7,605
CC3   225,304  134,394   7,641
CC4   114,966  121,049   5,955
							
JP1    65,832  117,292   5,140
JP2    22,125   28,127   2,055
JP3    35,715   40,576   2,117
JP4   173,366  120,182   6,806
JP5   146,733  136,478   6,730
JP6     5,130   16,223   1,342
JP7    12,325   64,437   1,904
JP8    48,774   27,636   2,000

Dist   Hegar% Dudding%    Lib%
==============================
HD126  61.80%   36.07%   2.12%
HD127  60.47%   37.36%   2.18%
HD128  70.08%   27.72%   2.20%
HD129  58.99%   38.59%   2.41%
HD130  69.92%   28.23%   1.86%
HD131  19.54%   77.57%   2.90%
HD132  59.59%   38.35%   2.06%
HD133  58.20%   40.08%   1.73%
HD134  40.71%   57.65%   1.64%
HD135  42.01%   55.20%   2.79%
HD137  38.73%   58.25%   3.03%
HD138  57.30%   40.47%   2.23%
HD139  28.14%   69.18%   2.68%
HD140  30.31%   64.09%   5.61%
HD141  17.99%   78.82%   3.20%
HD142  25.96%   71.15%   2.89%
HD143  35.04%   59.96%   5.00%
HD144  44.67%   50.89%   4.44%
HD145  30.56%   65.38%   4.06%
HD146  21.45%   76.29%   2.26%
HD147  20.84%   76.28%   2.88%
HD148  43.77%   52.85%   3.38%
HD149  38.56%   58.67%   2.77%
HD150  60.64%   37.11%   2.25%
			
CC1    26.37%   71.13%   2.50%
CC2    47.51%   48.77%   3.72%
CC3    61.33%   36.59%   2.08%
CC4    47.51%   50.03%   2.46%
			
JP1    34.97%   62.30%   2.73%
JP2    42.30%   53.77%   3.93%
JP3    45.55%   51.75%   2.70%
JP4    57.72%   40.01%   2.27%
JP5    50.61%   47.07%   2.32%
JP6    22.60%   71.48%   5.91%
JP7    15.67%   81.91%   2.42%
JP8    62.20%   35.25%   2.55%

Land Commissioner


Dist     Buck  Kleberg     Grn   W-I
====================================
HD126  36,849   21,629   1,070     1
HD127  40,131   24,789   1,092     0
HD128  32,446   12,873     706     9
HD129  38,169   25,015   1,149     3
HD130  46,145   18,886     963     5
HD131   6,081   24,219     829     1
HD132  36,155   23,542   1,053     2
HD133  34,565   24,654     915     2
HD134  31,902   47,475   1,190     6
HD135  17,116   22,492     963     1
HD137   8,141   12,532     562     2
HD138  32,324   23,310     968     2
HD139  12,258   30,317   1,025     1
HD140   5,859   12,433     613     3
HD141   4,635   20,039     691     3
HD142   8,984   24,532     839     4
HD143   8,646   14,845     732     5
HD144  11,869   13,567     682     4
HD145  13,820   30,044   1,276     3
HD146   8,914   32,076     990     0
HD147   9,684   35,282   1,243     1
HD148  16,142   19,762     959     2
HD149  12,314   18,717     714     0
HD150  34,884   21,411   1,016     3
								
CC1    71,640  196,243   6,241    17
CC2    97,762  100,816   4,930    24
CC3   224,673  135,288   6,151    14
CC4   113,958  122,094   4,918     8
								
JP1    64,874  118,648   3,973    11
JP2    22,268   28,432   1,306     7
JP3    35,847   40,620   1,612     8
JP4   173,174  120,696   5,428    13
JP5   145,487  137,664   5,652    10
JP6     5,253   16,428     881     4
JP7    12,214   64,137   2,011     2
JP8    48,916   27,816   1,377     8

Dist    Buck% Kleberg%    Grn%  W-I%
====================================
HD126  61.88%   36.32%   1.80% 0.00%
HD127  60.79%   37.55%   1.65% 0.00%
HD128  70.48%   27.96%   1.53% 0.02%
HD129  59.33%   38.88%   1.79% 0.00%
HD130  69.92%   28.62%   1.46% 0.01%
HD131  19.53%   77.80%   2.66% 0.00%
HD132  59.51%   38.75%   1.73% 0.00%
HD133  57.48%   41.00%   1.52% 0.00%
HD134  39.59%   58.92%   1.48% 0.01%
HD135  42.19%   55.44%   2.37% 0.00%
HD137  38.33%   59.01%   2.65% 0.01%
HD138  57.11%   41.18%   1.71% 0.00%
HD139  28.11%   69.53%   2.35% 0.00%
HD140  30.99%   65.76%   3.24% 0.02%
HD141  18.27%   78.99%   2.72% 0.01%
HD142  26.15%   71.40%   2.44% 0.01%
HD143  35.69%   61.27%   3.02% 0.02%
HD144  45.44%   51.94%   2.61% 0.02%
HD145  30.61%   66.55%   2.83% 0.01%
HD146  21.23%   76.41%   2.36% 0.00%
HD147  20.96%   76.35%   2.69% 0.00%
HD148  43.79%   53.61%   2.60% 0.01%
HD149  38.79%   58.96%   2.25% 0.00%
HD150  60.86%   37.36%   1.77% 0.01%
				
CC1    26.13%   71.58%   2.28% 0.01%
CC2    48.03%   49.53%   2.42% 0.01%
CC3    61.36%   36.95%   1.68% 0.00%
CC4    47.29%   50.67%   2.04% 0.00%
				
JP1    34.60%   63.28%   2.12% 0.01%
JP2    42.81%   54.66%   2.51% 0.01%
JP3    45.91%   52.02%   2.06% 0.01%
JP4    57.86%   40.32%   1.81% 0.00%
JP5    50.37%   47.67%   1.96% 0.00%
JP6    23.28%   72.80%   3.90% 0.02%
JP7    15.59%   81.84%   2.57% 0.00%
JP8    62.62%   35.61%   1.76% 0.01%

Railroad Commissioner


Dist    Chris  Warford     Lib     Grn
======================================
HD126  36,287   21,192   1,384     648
HD127  39,533   24,297   1,535     651
HD128  32,057   12,551     995     399
HD129  37,473   24,455   1,607     766
HD130  45,640   18,396   1,369     597
HD131   5,986   23,853     942     400
HD132  35,684   22,981   1,395     627
HD133  34,391   23,900   1,215     616
HD134  31,677   46,420   1,533     844
HD135  16,804   21,988   1,227     559
HD137   8,017   12,261     612     350
HD138  31,928   22,708   1,350     641
HD139  12,044   29,784   1,169     555
HD140   5,685   11,976     991     277
HD141   4,527   19,765     784     332
HD142   8,851   24,073   1,025     411
HD143   8,457   14,290   1,159     373
HD144  11,679   13,015   1,125     328
HD145  13,535   29,065   1,855     677
HD146   8,716   31,720     927     581
HD147   9,406   34,678   1,363     730
HD148  15,938   19,168   1,217     514
HD149  12,101   18,269     925     429
HD150  34,404   20,882   1,366     623
								
CC1   70,449   192,875   7,107   3,563
CC2   95,951    97,604   7,402   2,627
CC3  221,887   132,181   8,202   3,726
CC4  112,533   119,027   6,359   3,012
								
JP1   63,938   115,819   5,264   2,359
JP2   21,846    27,531   2,021     648
JP3   35,348    39,739   2,132     865
JP4  170,806   118,025   7,219   3,145
JP5  143,838   134,221   7,231   3,484
JP6    5,019    15,850   1,277     447
JP7   11,907    63,400   1,926   1,109
JP8   48,118    27,102   2,000     871

Dist   Chris% Warford%    Lib%    Grn%
======================================
HD126  60.98%   35.61%   2.33%   1.09%
HD127  59.88%   36.80%   2.33%   0.99%
HD128  69.69%   27.28%   2.16%   0.87%
HD129  58.28%   38.03%   2.50%   1.19%
HD130  69.15%   27.87%   2.07%   0.90%
HD131  19.20%   76.50%   3.02%   1.28%
HD132  58.80%   37.87%   2.30%   1.03%
HD133  57.20%   39.75%   2.02%   1.02%
HD134  39.36%   57.68%   1.90%   1.05%
HD135  41.41%   54.19%   3.02%   1.38%
HD137  37.74%   57.73%   2.88%   1.65%
HD138  56.38%   40.10%   2.38%   1.13%
HD139  27.65%   68.39%   2.68%   1.27%
HD140  30.03%   63.27%   5.24%   1.46%
HD141  17.82%   77.79%   3.09%   1.31%
HD142  25.76%   70.06%   2.98%   1.20%
HD143  34.83%   58.86%   4.77%   1.54%
HD144  44.67%   49.78%   4.30%   1.25%
HD145  29.99%   64.40%   4.11%   1.50%
HD146  20.78%   75.62%   2.21%   1.39%
HD147  20.37%   75.10%   2.95%   1.58%
HD148  43.27%   52.03%   3.30%   1.40%
HD149  38.14%   57.59%   2.92%   1.35%
HD150  60.07%   36.46%   2.38%   1.09%
				
CC1    25.71%   70.39%   2.59%   1.30%
CC2    47.13%   47.94%   3.64%   1.29%
CC3    60.63%   36.12%   2.24%   1.02%
CC4    46.71%   49.40%   2.64%   1.25%
				
JP1    34.12%   61.81%   2.81%   1.26%
JP2    41.97%   52.90%   3.88%   1.25%
JP3    45.27%   50.89%   2.73%   1.11%
JP4    57.09%   39.45%   2.41%   1.05%
JP5    49.81%   46.48%   2.50%   1.21%
JP6    22.21%   70.15%   5.65%   1.98%
JP7    15.20%   80.93%   2.46%   1.42%
JP8    61.62%   34.71%   2.56%   1.12%

Not too surprisingly, what we see in all three of these races is…more votes for the Republican candidate and fewer votes for the Democrat across the precincts, with a couple of exceptions here and there. The effect was generally stronger in the Republican districts than in the Democratic ones, with HDs 133 and 134 being the most notable.

The total number of votes in these elections is comparable – the number declines gently as you go down the ballot, but more undervoting does not explain the shifts in percentages. In a few cases you can see a greater number of third-party votes, which can explain a part of a Democratic vote decline, but again the overall effect is too small to be generally explanatory. The only logical conclusion is that across the board, some number of people who votes for Beto and Collier and Garza and Hays also voted for Glenn Hegar and Dawn Buckingham and Wayne Christian.

The question then is why. To me, the most likely explanation is that the most visible Republicans, the ones most likely to loudly and visibly stake out unpopular and divisive positions – and yes, this means “unpopular”, or at least “less popular” with Republicans, with opposing marijuana reform and expanded gambling and rape/incest exceptions for abortion – are losing votes that their lower profile/less visibly extreme colleagues are not losing.

This makes sense to me, but as it agrees with my priors, I’d like to check it. I’m pretty sure I’ve expressed this sentiment before, but if I had the power and the funds I’d order a study, to try to identify these voters and ask them why they did what they did. Not out of disbelief or derision but curiosity, to get a better understanding. Maybe other Democratic candidates could get them with the right message, and if they were the right candidates. Maybe they just didn’t know enough about the Dems in these races to be in a position to consider them. Maybe a strategy that attempts to maximize Democratic turnout overall – we have already discussed how Dems fell short in this election on that front – would make them less likely to cross over, even for Republicans they don’t approve of. We can speculate all week, but there’s only one way to find out. I really wish I could make that happen.

One more thing to note is that despite the lesser Democratic performance, these candidates all still carried the three Commissioner Court precincts that are now Democratic. I’ll be paying closer attention to these precincts, because this isn’t always the case going forward. In the meantime, let me know what you think.

Precinct analysis: The better statewide races

PREVIOUSLY
Beto versus Abbott
Beto versus the spread
Hidalgo versus Mealer

As noted before, Greg Abbott got 490K votes in Harris County, far less than the 559K he received in 2018 running against Lupe Valdez. Of the other six races for statewide executive offices, three were similar in nature to the Governor’s race and three were friendlier to Republicans. This post is about the first three, and those are the races for Lite Guv, Attorney General, and Ag Commissioner. For those of you whose memories stretch back as far as 2018, yes those were the three best races for Dems after the Beto-Cruz race for Senate as well. Let’s look at the numbers.

Lieutenant Governor


Dist  Patrick  Collier     Lib
==============================
HD126  35,244   23,460   1,482
HD127  38,578   26,405   1,691
HD128  31,548   13,748   1,148
HD129  36,347   26,966   1,802
HD130  44,307   20,934   1,434
HD131   5,886   24,670     933
HD132  34,417   25,498   1,374
HD133  31,931   27,421   1,396
HD134  28,262   51,502   1,828
HD135  16,373   23,514   1,050
HD137   7,690   13,164     650
HD138  30,328   25,534   1,383
HD139  11,536   31,304   1,246
HD140   5,850   12,681     647
HD141   4,494   20,290     851
HD142   8,641   25,030   1,043
HD143   8,469   15,270     804
HD144  11,551   14,029     854
HD145  12,368   32,031   1,449
HD146   8,285   33,018   1,148
HD147   8,809   36,618   1,383
HD148  15,383   20,840   1,065
HD149  11,923   19,315     824
HD150  33,548   22,898   1,431

CC1    65,573  204,223   7,632
CC2    94,272  105,549   6,218
CC3   214,555  146,441   8,815
CC4   107,368  129,927   6,251
							
JP1    58,698  126,202   5,083
JP2    21,608   29,498   1,599
JP3    34,975   41,776   2,126
JP4   166,204  128,604   7,578
JP5   137,161  147,432   7,185
JP6     4,941   17,062     885
JP7    11,370   65,643   2,250
JP8    46,811   29,923   2,210

Dist Patrick% Collier%    Lib%
==============================
HD126  58.56%   38.98%   2.46%
HD127  57.86%   39.60%   2.54%
HD128  67.93%   29.60%   2.47%
HD129  55.82%   41.41%   2.77%
HD130  66.45%   31.40%   2.15%
HD131  18.69%   78.34%   2.96%
HD132  56.16%   41.60%   2.24%
HD133  52.56%   45.14%   2.30%
HD134  34.64%   63.12%   2.24%
HD135  40.00%   57.44%   2.56%
HD137  35.76%   61.22%   3.02%
HD138  52.98%   44.60%   2.42%
HD139  26.17%   71.01%   2.83%
HD140  30.50%   66.12%   3.37%
HD141  17.53%   79.15%   3.32%
HD142  24.89%   72.10%   3.00%
HD143  34.51%   62.22%   3.28%
HD144  43.70%   53.07%   3.23%
HD145  26.98%   69.86%   3.16%
HD146  19.52%   77.78%   2.70%
HD147  18.82%   78.23%   2.95%
HD148  41.25%   55.89%   2.86%
HD149  37.19%   60.24%   2.57%
HD150  57.96%   39.56%   2.47%

CC1    23.64%   73.61%   2.75%
CC2    45.75%   51.23%   3.02%
CC3    58.02%   39.60%   2.38%
CC4    44.09%   53.35%   2.57%
			
JP1    30.90%   66.43%   2.68%
JP2    41.00%   55.97%   3.03%
JP3    44.34%   52.96%   2.70%
JP4    54.96%   42.53%   2.51%
JP5    47.01%   50.53%   2.46%
JP6    21.59%   74.55%   3.87%
JP7    14.34%   82.82%   2.84%
JP8    59.30%   37.90%   2.80%

Attorney General


Dist   Paxton    Garza     Lib
==============================
HD126  35,146   23,166   1,681
HD127  38,480   26,208   1,817
HD128  31,566   13,692   1,110
HD129  36,386   26,643   1,914
HD130  44,397   20,427   1,713
HD131   5,857   24,875     694
HD132  34,454   25,125   1,539
HD133  31,901   26,700   1,898
HD134  28,201   50,706   2,371
HD135  16,314   23,615     964
HD137   7,704   13,091     643
HD138  30,154   25,204   1,732
HD139  11,438   31,372   1,145
HD140   5,605   13,078     466
HD141   4,487   20,489     610
HD142   8,580   25,228     859
HD143   8,346   15,595     594
HD144  11,375   14,337     662
HD145  12,220   32,097   1,425
HD146   8,320   32,991     999
HD147   8,731   36,766   1,206
HD148  15,221   20,981   1,035
HD149  11,876   19,423     706
HD150  33,382   22,726   1,595
							
CC1    65,204  204,223   7,257
CC2    93,611  106,606   5,426
CC3   214,042  144,575  10,162
CC4   107,284  129,131   6,533
							
JP1    58,125  125,740   5,522
JP2    21,364   29,906   1,317
JP3    34,843   42,072   1,833
JP4   165,760  127,783   8,087
JP5   136,969  146,132   7,898
JP6     4,815   17,369     687
JP7    11,411   65,835   1,804
JP8    46,854   29,698   2,230

Dist  Paxton%   Garza%    Lib%
==============================
HD126  58.58%   38.61%   2.80%
HD127  57.86%   39.41%   2.73%
HD128  68.08%   29.53%   2.39%
HD129  56.03%   41.03%   2.95%
HD130  66.73%   30.70%   2.57%
HD131  18.64%   79.15%   2.21%
HD132  56.37%   41.11%   2.52%
HD133  52.73%   44.13%   3.14%
HD134  34.70%   62.39%   2.92%
HD135  39.89%   57.75%   2.36%
HD137  35.94%   61.06%   3.00%
HD138  52.82%   44.15%   3.03%
HD139  26.02%   71.37%   2.60%
HD140  29.27%   68.30%   2.43%
HD141  17.54%   80.08%   2.38%
HD142  24.75%   72.77%   2.48%
HD143  34.02%   63.56%   2.42%
HD144  43.13%   54.36%   2.51%
HD145  26.72%   70.17%   3.12%
HD146  19.66%   77.97%   2.36%
HD147  18.69%   78.72%   2.58%
HD148  40.88%   56.34%   2.78%
HD149  37.11%   60.69%   2.21%
HD150  57.85%   39.38%   2.76%
			
CC1    23.57%   73.81%   2.62%
CC2    45.52%   51.84%   2.64%
CC3    58.04%   39.20%   2.76%
CC4    44.16%   53.15%   2.69%
			
JP1    30.69%   66.39%   2.92%
JP2    40.63%   56.87%   2.50%
JP3    44.25%   53.43%   2.33%
JP4    54.95%   42.36%   2.68%
JP5    47.07%   50.22%   2.71%
JP6    21.05%   75.94%   3.00%
JP7    14.44%   83.28%   2.28%
JP8    59.47%   37.70%   2.83%

Dan Patrick (481K votes) and Ken Paxton (480K) were the two low scorers among Republicans. Mike Collier and Rochelle Garza both had leads against them of just over 100K votes, right in line with Beto’s lead against Abbott. That’s not as robust as what Dems did in 2018 as we know, but I can’t blame Collier and Garza for that. They were still top scorers, it was mostly that the environment wasn’t as good for them.

Overall, it looks like Collier and Garza did about as well percentage-wise as Beto did. Collier actually did a tiny bit better in HD133, and both did better in HD134. In some cases, like HD132 and HD138, Collier and Garza were about equal with Beto but Patrick and Paxton were a point or two behind Abbott. That looks to me to be the effect of the larger Libertarian vote in those races – there were about 29K Lib votes in these two races, while there were about 16K third party and write-in votes for Governor. At least in those cases, you can make the claim that the Libertarian received votes that might have otherwise gone to the Republican.

In the Ag Commissioner race, Sid Miller got 507K votes to top Abbott’s total, but he was aided by not having any third party candidates. Susan Hays did pretty well compared to the other Dems in that straight up two-way race:

Ag Commissioner


Dist   Miller     Hays
======================
HD126  36,872   22,678
HD127  40,060   25,992
HD128  32,447   13,641
HD129  38,091   26,236
HD130  46,273   19,792
HD131   6,091   25,170
HD132  36,189   24,576
HD133  34,548   25,581
HD134  31,793   48,687
HD135  17,174   23,491
HD137   8,207   13,090
HD138  32,276   24,389
HD139  12,291   31,372
HD140   5,904   13,079
HD141   4,667   20,779
HD142   9,047   25,391
HD143   8,631   15,710
HD144  11,849   14,344
HD145  13,871   31,301
HD146   8,922   33,114
HD147   9,761   36,482
HD148  16,238   20,657
HD149  12,270   19,513
HD150  34,895   22,408
						
CC1    71,746  202,649
CC2    97,753  106,167
CC3   224,670  141,583
CC4   114,198  127,074
						
JP1    64,850  122,675
JP2    22,256   29,898
JP3    35,923   42,332
JP4   173,381  126,119
JP5   145,619  143,496
JP6     5,243   17,412
JP7    12,266   66,242
JP8    48,829   29,299

Dist  Miller%    Hays% 
=======================
HD126  61.92%   38.08%
HD127  60.65%   39.35%
HD128  70.40%   29.60%
HD129  59.21%   40.79%
HD130  70.04%   29.96%
HD131  19.48%   80.52%
HD132  59.56%   40.44%
HD133  57.46%   42.54%
HD134  39.50%   60.50%
HD135  42.23%   57.77%
HD137  38.54%   61.46%
HD138  56.96%   43.04%
HD139  28.15%   71.85%
HD140  31.10%   68.90%
HD141  18.34%   81.66%
HD142  26.27%   73.73%
HD143  35.46%   64.54%
HD144  45.24%   54.76%
HD145  30.71%   69.29%
HD146  21.22%   78.78%
HD147  21.11%   78.89%
HD148  44.01%   55.99%
HD149  38.61%   61.39%
HD150  60.90%   39.10%
		
CC1    26.15%   73.85%
CC2    47.94%   52.06%
CC3    61.34%   38.66%
CC4    47.33%   52.67%
		
JP1    34.58%   65.42%
JP2    42.67%   57.33%
JP3    45.91%   54.09%
JP4    57.89%   42.11%
JP5    50.37%   49.63%
JP6    23.14%   76.86%
JP7    15.62%   84.38%
JP8    62.50%   37.50%

Miller was definitely a slight notch up from the first three. How much of that is the lack of a third choice versus some other consideration I couldn’t say, but you can see it in the numbers.

I’ll get into it a bit more in the next post when we look at the higher-scoring Republicans, but my sense is that these three Dems, plus Beto, received some crossovers. Beto and Collier and Garza had enough money to at least run some ads, while Hays was still running against perhaps the highest-profile (read: got the most negative news for his ridiculous actions) incumbent after those three. We have definitely seen races like this, certainly in elections going back to 2016 – Hillary versus Trump, Biden versus Trump, Beto and the Lite Guv/AG/Ag Commish triumvirate this year and 2018. We saw it with Bill White in 2010, too – as I’ve observed in the past, White received something like 300K votes from people who otherwise voted Republican. That’s a lot! Democrats can persuade at least some Republicans to vote for their statewide candidates, but only under some conditions. If we can get the baseline vote to be closer, that could be enough to push some people over the top. We’re still working on the first part of that equation.

Like I said, I’ll get into that a bit more in the next post. Looking at what I’ve written here, I need to do a post about third party votes, too. Let me know what you think.

The Ken Paxton problem is bigger than Ken Paxton

It’s that there’s just no accountability, barring the election result we’re all desperately hoping for.

Best mugshot ever

In the wake of the 2020 presidential election, Republican officials around the country have been giving increasing attention and resources to investigating election crimes. Most have focused on the alleged wrongdoing of voters.

But Texas Attorney General Ken Paxton is also working a different angle: His office has been criminally investigating the people who help run elections.

Over the past two years, Paxton’s office opened at least 10 investigations into alleged crimes by election workers, a more extensive effort than previously known, according to records obtained by ProPublica. One of his probes was spurred by a complaint from a county GOP chair, who lost her reelection bid in a landslide. She then refused to certify the results, citing “an active investigation” by the attorney general.

In at least two of the cases, Paxton’s office unsuccessfully tried to indict election workers, attempts that were first reported by the Austin American-Statesman. In the remaining eight investigations identified by ProPublica, it is unclear just how far the probes went. As of mid-October, none of the cases resulted in criminal charges.

The story covers the ordeals of Dana DeBeauvoir and Rob Icsezen, both of whom Paxton tried to indict for incidents that any unbiased observer would have taken to be at worst honest misunderstandings. He even pursued those charges in neighboring Republican counties instead of the counties where the “crime” allegedly happened. Put aside for the moment the mess and dysfunction going on in that office, and the alleged criminality of Paxton himself. The office of Attorney General is traditionally one that pursues civil cases, not criminal ones, yet the guy in charge is off pursuing quixotic political indictments while letting human traffickers go free because they can’t keep track of witnesses. I’m old enough to remember when that sort of thing would have been a huge scandal, the kid of screwup that might force an official to resign because they had lost the faith of the public.

Not anymore, though. Short of it becoming a national story, there’s no way to focus enough attention on that kind of scandal to make it become an issue for anyone but the most plugged-in news-watcher. Republican voters don’t care, and neither do Greg Abbott or Dan Patrick or the Republicans in the Legislature, who at least nominally have some oversight of the Attorney General. At this point, Ken Paxton could murder someone on Sixth Street, and I doubt more than a handful of Republican legislators would call for him to step down. The only way that this Legislature will become interested in that oversight role will be if Rochelle Garza wins, at which point they’ll become very invested in having a say over what the AG does and does not do. Ken Paxton is what happens when people with power believe, with complete justification, that they can act with impunity.

DMN\UT-Tyler: Abbott 50, Beto 44 (LV) – Abbott 47, Beto 44 (RV)

Pick your preference.

Republican Gov. Greg Abbott holds a 6 percentage point lead over Democratic challenger Beto O’Rourke as the race to the Nov. 8 election grinds toward the finish line, a poll released Sunday by the University of Texas at Tyler shows.

The poll of 973 likely voters contacted randomly Oct. 17-24 shows Abbott ahead 50% to O’Rourke’s 44%. When the field is expanded to registered voters, 1,330 of whom were contacted, Abbott’s lead shrinks to just 3 points.

The results differ from a recent poll by the University of Texas Politics project that showed the incumbent with a strong 11-point edge, and with one conducted by Beacon Research that was commissioned by the Democratic Policy Institute that showed just a 3-point difference in Abbott’s favor. But UT-Tyler’s findings are in line with several non-aligned polls conducted in late summer. The margin of error for the “likely voters” breakout is plus or minus 3.4 percentage points.

Moving down the ballot, Republican Lt. Gov. Dan Patrick was leading Democratic challenger Mike Collier 44%-35% among likely voters and Republican Attorney General Ken Paxton was ahead of Democrat Rochelle Garza 42%-38%. Like Abbott, Patrick and Paxton are seeking third terms.

The poll’s data is here. I appreciate the fact that they gave us both a likely voter and registered voter result – this pollster has done that in the past, but it wasn’t always presented in a way that made it clear. I also appreciate that this story mentioned other polls and where this one fit in rather than rely on the ridiculous language of this candidate or that losing or gaining ground when comparing one isolated poll result to another, different, poll result. Having context is always better than not having context.

These numbers look reasonable enough. Both Beto and Abbott get about the same amount of support from their own voters, with independents split evenly. Beto does well among Black (78-16) and Latino (59-36) voters while Abbott crushes with white voters (63-31). Of interest in the AG race, one possible reason for Rochelle Garza to be the top performer, is that she is at 47-33 among indies, a significant difference from the Governor’s race. That’s of a small sample of a single poll, so don’t put any actual weight on it, but I’ll file it away for later if it becomes relevant. Even with their LV sample, there were a lot of “don’t know” responses in the Lite Gov and AG races, so who knows what that means. I don’t know if we’re expecting any more poll data at this point – now that we have actual votes, polling becomes of less value – but for what it’s worth, this is where we are.

UPDATE: Forgot to mention that in their September poll, which was of registered voters, Abbott was leading 47-38.

Endorsement watch: Ash for Garza

You can say that again…

Here’s his opinion piece, which I hope gets picked up by some larger papers.

Rochelle Garza

My parents came to America from ex-Yugoslavia with no property or money. They had to learn American English and America’s customs. Like so many immigrants, they built a life in America for my brother and me. And they both became proud U.S. citizens.

Our family’s story of authoritarianism has informed nearly every aspect of my life. It propelled me into the profession of law, to safeguard the freedoms guaranteed by our Constitution. It compels me to represent people accused of violating those laws and who can’t afford an attorney. And it is why I am a Libertarian. I fight every day to ensure that the State does not overstep its authority, and to protect our freedoms.

That’s also why I decided to run for Attorney General of Texas. A democracy should offer choices. With only two major political parties on the ballot in an extremely important race, I entered this race to give Texans a third choice.

But on the eve of the election, giving Texans a third choice feels inadequate. The stakes are now simply too high for me to settle merely to be another option for Texans who, like me, love our state, love our country and value our freedoms.

I have thought long and hard how to say this, and I don’t say this lightly. Ken Paxton is the poster child for corruption and authoritarianism. And if he is allowed to continue, we might have to be the ones to flee.

The office of the Attorney General is incredibly powerful and not very well understood. Basically, it acts as the police officer for the state, enforcing our laws.  At least, that’s what it’s meant to do. Under Ken Paxton, it is a weapon that is used against innocent Texans. It is also a tool for him to avoid obeying the law himself. Like a bad cop on steroids, he is using his insider knowledge to get away with crimes, and his very great power to take away our freedoms, from intimidating people from voting to stealing property owners’ land.

I know that many voters are reluctant to throw away their votes on a third-party candidate. So if you feel that your vote may not count, then voting for Rochelle Garza is the better choice. Therefore, I am taking the extraordinary of recommending Rochelle Garza for Attorney General over Ken Paxton. Not voting or voting for me may not be enough.

This is a pivotal moment in American history that we are facing. Our way of life hangs in the balance. Ken Paxton isn’t playing politics-as-usual. He is taking pages from the authoritarian playbook. And we cannot afford to play politics-as-usual. That is why I am taking this unheard-of step.

We must kick Ken Paxton out of office in order to save our liberties.

While Rochelle is the Democratic candidate, there is a lot of overlap with our Libertarian values.  She believes in legalizing marijuana and is against using public domain to steal our land for an ineffective border wall. I believe not only that she will respect the rule of law but that she will fight for our freedoms.

While we have seen some prominent Republicans endorsing Democratic candidates this cycle, I can’t recall a situation like this before, in which a candidate running in a partisan race endorsed one of their opponents. I’d have to search to find the examples, but it’s happened in primaries and special elections and non-partisan races, usually when one candidate for whatever the reason suspends their campaign. If you can think of a recent on-point example to accompany this, please leave a comment.

Does this make much of a difference in the race? Probably not much. It will be interesting to see if Ash score less than his Libertarian peers, as that will at least provide some kind of metric. And it only really matters if Paxton fails to get at least fifty percent of the vote. Whatever happens, I thank Mark Ash for recognizing the stakes of this race, and doing his part to make a difference.

UT/Texas Politics Project: Abbott 54, Beto 43

Not great.

With in-person early voting set to begin in Texas on October 24, the latest University of Texas/Texas Politics Project poll finds Gov. Greg Abbott leading Democratic challenger Beto O’Rourke in the gubernatorial race, 54%-43%, among Texans likely to vote in the 2022 election. While more than half of Republican voters say immigration and border security is the most important issue area informing their vote, Democratic voters’ attention is divided among a list of several issues, topped by abortion.

The poll surveyed 1,200 self-declared registered voters using the internet from October 7-17 and has a margin of error of +/- 2.83 for the full sample. From among this overall sample, likely voters were defined as those respondents who indicated that they have voted in every election in the past 2-3 years; or those respondents who rated their likelihood to vote in the November elections on a 10-point scale as a 9 or a 10. This likely voter screen yielded a pool of 883 likely voters, with a margin of error of +/- 3.3% for the full likely voter sample.

Beyond the two major party candidates, Green Party Candidate Delilah Barrios and the Libertarian Party’s Mark Tippets each earned 1% support while 2% preferred an unspecified “someone else.”

[…]

The results among likely voters found Republican candidates maintaining wide leads in the five other major races for statewide office. In all of the trial ballots, including for governor, undecided, but likely, voters were asked whom they would choose if forced to make a decision. All results for the trial ballots report the results of the initial question combined with this “forced” response. (The poll summary reports the share of voters who expressed no preference in the initial question in each race.)

Lt. Governor. Incumbent Dan Patrick led Democratic challenger Mike Collier, 51%-36%, in their rematch of the 2018 race.

Attorney General. Incumbent Republican Ken Paxton leads Democrat Rochelle Garza 51%-37%.

Comptroller of Public Accounts. Two-term incumbent Republican Glenn Hegar leads Democrat Janet Dudding 47%-35%.

Agriculture Commissioner. Incumbent Sid Miller leads Democrat Susan Hayes 51%-39%.

Land Commissioner. Republican State Senator Dawn Buckingham leads Democrat Jay Kleberg 47%-36%.

The generic ballots for the U.S. House of Representatives and the Texas legislature also revealed continuing advantages for Republican candidates: Republicans lead 53%-44% in the generic ballot for the U.S. House of Representatives, and 53%-42% for the Texas legislature.

This is upsetting mostly because the August poll had Abbott up by only five and had shown a slight but steady drift towards Beto over time. The one caveat here is that the previous polls were of the full registered voters sample, and this is of “likely voters”, which is about three-fourths of the original. It’s not a direct comparison as a result, though of course the pollsters will have done what they think is best to reflect the electorate accurately. If they provided numbers for the full sample in October, I didn’t see them.

The October poll data is here and the August data is here. The underlying atmosphere has not changed in any significant way. Biden’s approval was 40-52 in August and it’s 39-52 in October (the approval numbers are still based on the full sample in each case). Abbott went from 46-44 to 47-44. Dan Patrick and Ken Paxton were actually slightly worse in October, going from 38-37 to 37-39 for Patrick and from 37-38 to 36-39 for Paxton. Either a lot of people changed their minds or that likely voter screen is a big difference maker.

I’ve put my faith in the “the screen is too tight” beliefs before without much success, so I don’t want to go overboard here. If these numbers are accurate, they don’t bode well for Harris County either, suggesting Beto might end up with 52 to 54 percent. At the high end, as I’ve said before, I’d still feel pretty confident about Harris County Dems. Less than that, and I would expect Republicans to win at least some races. Maybe this year is another inflection point, and maybe the dip in the gap between Harris and the state that we saw in 2020 following years of games will not be a one off. No way to know until we start to see some real numbers.

The poll also includes this demographic breakdown in the vote:

White/Anglo: Abbott 64%, O’Rourke 32%
Hispanic: O’Rourke 48%, Abbott 48%
Black: O’Rourke 86%, Abbott 11%

Those are the strongest numbers Beto has had for Black voters in awhile. They’re not great for white voters – compare to the Marist poll, for example, which had Abbott leading Beto by a much smaller 57-37 margin among those voters – and this is another poll that has Beto with no advantage among Hispanic voters; note that was also true in the Marist poll. We saw a great disparity in Hispanic preferences in the 2020 polls, and in the end the ones that showed a smaller lead for Dems were more accurate. I don’t know what else to say here.

I will add that we saw one more poll result released yesterday, from the Democratic AG’s Association (DAGA), which claimed Rochelle Garza was trailing Ken Paxton by two points, 48-46. That linked poll memo is the entire thing – no Beto/Abbott numbers, no Biden approval numbers, no crosstabs, nothing – and it’s basically an internal poll, so maintain a higher level of skepticism for this one. I will note the following from the memo:

The survey was conducted between October 12th-16th using live calls to landlines, SMS text-to-web and live calls to cell phones, and an online panel. The sample includes 879 registered voters and is weighted to reflect a likely 2022 Texas general electorate. The margin of error is +/- 3.24% at a 95% confidence interval.

The results of the survey show that when asked who they’ll vote for as Attorney General and Texas undecided voters are allocated to a candidate, Paxton is only ahead by 2 points, within the margin of error for the survey, landing at 48% Paxton, 46% Garza, with 6% of voters say they’re voting for Libertarian Mark Ash in the AG race.

Another “likely voter” result, though with less detail. They also seemingly pushed the initial non-respondents into picking a side, which I had initially frowned at but I guess if the UT/TPP folks can do it, they can too.

Interview with Rochelle Garza

Rochelle Garza

You are probably well acquainted with the current Attorney General of Texas. My goal here is to help acquaint you with the person who should be the next Attorney General of Texas, Rochelle Garza. A Brownsville native and fifth-generation Texan, Garza got her law degree at UH and made a name for herself in 2018 by fighting for reproductive rights for immigrant teens in detention and winning her case against the Trump administration at the Supreme Court. She has been a staff attorney for the ACLU and is now a managing partner at her own firm. She has served on the board of Jane’s Due Process, the State Bar of Texas’ Laws Relating to Immigration and Nationality Committee, and the Cameron County Bar Association. I don’t really have to tell you that she’s a far better person than the incumbent is, do I? We get into all of the reasons why she would also be a far better Attorney General in the interview:

PREVIOUSLY:

All interviews and Q&As through the primary runoffs
Susan Hays – Ag Commissioner
Luke Warford – Railroad Commissioner
Michelle Palmer – SBOE6
Chuck Crews – HD128
Cam Campbell – HD132
Stephanie Morales – HD138
Robin Fulford – CD02
Laura Jones – CD08
Teneshia Hudspeth – Harris County Clerk
Amy Hinojosa – HCDE Trustee, Precinct 2
Andrea Duhon – HCDE Trustee, Precinct 4

As always, everything you could want to know about the Democratic candidates can be found at the Erik Manning spreadsheet.

Trib profile of Rochelle Garza

Good story with a lot of details you probably don’t know about the Democratic candidate for Attorney General. It also includes this bit of annoying news:

Rochelle Garza

Polls show the contest is the tightest of all statewide races. Garza, 37, is within single digits of Paxton, who was endorsed by former President Donald J. Trump but long plagued by legal trouble that has turned him into the most vulnerable among Republican incumbents. Indicted seven years ago for securities fraud charges still pending, Paxton is under investigation by the FBI after several former aides claimed he abused his office by helping a wealthy donor. The whistleblowers sued Paxton after he fired them. Paxton has denied wrongdoing.

But despite the incumbent’s weaknesses, Paxton is still popular with Texas Republicans. Garza remains the underdog, battling her own low name recognition and a fundraising disadvantage in an expensive statewide race that is already demanding considerable resources for travel and TV ads.

“Garza is clearly competitive in this race, but she’s competitive based on Paxton’s weaknesses, because she’s not well known,” said Cal Jillson, a political scientist at Southern Methodist University.

The Democratic establishment “does seem reluctant to put money behind her campaign, even though it’s the closest race and Paxton has weaknesses that make him the most vulnerable of statewide office holders,” Jillson said. “So they’re hanging back.”

The Garza campaign had nearly $500,000 on hand as of July, after raising about $1.1 million. Paxton has raised more than $8 million and still has about $3.5 million on hand to spend during the same period. The next campaign finance reporting deadline is in October.

Bill Compton, a Dallas lawyer who’s often donated to Democratic candidates in the past, would agree with Jillson. He said he’s still hesitant to write a check to Garza, whom he described as “an unknown.”

Compton attended the Dallas Democratic Forum where Garza spoke earlier in the day and said he liked what he heard. But he and others view the candidate right now only as an “alternative” to Paxton.

[…]

The Democratic Attorneys General Association launched a digital ad buy targeting attorney general candidates in various states, including Texas, said Geoff Burgan, a spokesperson for the group. “We’ve also provided focus groups, polling, and video throughout her time as the nominee,” Burgan said in an email.

Indirectly, Garza was helped by the messy, Republican primary and runoff that included many negative ads targeting Paxton.

“These were Republicans in these ads saying, “I don’t trust Ken Paxton to be attorney general,” Burgan said. “These are people that Republican voters listen to.”

Candidates without name recognition typically work with their donors to raise enough money to talk to the general public over a period of months, said Jillson, the political scientist. “You introduce yourself with a series of ads and then slam your opponent toward the end,” he said.

“And she just hasn’t had the money to do that and doesn’t have the money today,” Jillson said.

Garza said her campaign outraised Paxton in the last reporting period: “We have the momentum.”

“I keep telling folks this is our race to lose,” Garza said. “This is the closest we have come in almost 30 years and it’s time we elect a Democrat to this office.”

On the one hand, the Attorney General race usually doesn’t draw much money. On the other hand, I couldn’t explain Bill Compton’s reasoning if you gave me an answer key and a psychological profile of him. The story refers to recent polling, in which Garza is generally the closest Democratic candidate to their opponent, albeit by point or two and often with more undecideds. I’m always skeptical of stories about how this downballot Dem or that is “the Democrats’ best chance of winning statewide office” because I think the ticket will rise and fall mostly on how the guy at the top does and what the national environment is like, but we have seen crossover support for Paxton opponents before. I expect we’ll see it again, and for sure some extra cash would help with that. I still think the best thing that can happen to Rochelle Garza – and Mike Collier, and Susan Hays, and the rest – is that Beto wins or comes very, very close. It’s a lot easier to see her and others’ paths to victory from there.

You can add “incompetent” to “corrupt” when describing Ken Paxton

I can’t say this is a surprise, but it is shocking.

Best mugshot ever

Texas Attorney General Ken Paxton’s staff this month quietly dropped a series of human trafficking and child sexual assault cases after losing track of one of the victims, a stumble in open court emblematic of broader dysfunction inside one of America’s most prominent law offices.

The Republican has elevated his national profile in recent years, energizing the right by rushing into contentious court battles that have affected people far beyond Texas. He has fought access to abortion, Democratic immigration policy and the outcome of the 2020 presidential election.

But as Paxton seeks to fend off legal troubles and win a third term as Texas’ top law enforcement official, his agency has come unmoored by disarray behind the scenes, with seasoned lawyers quitting over practices they say aim to slant legal work, reward loyalists and drum out dissent.

An Associated Press investigation found Paxton and his deputies have sought to turn cases to political advantage or push a broader political agenda, including staff screenings of a debunked film questioning the 2020 election. Adding to the unrest was the secretive firing of a Paxton supporter less than two months into his job as an agency advisor after he tried to make a point by displaying child pornography in a meeting.

The AP’s account is based on hundreds of pages of records and interviews with more than two dozen current and former employees, many of whom spoke on condition of anonymity out of fear of retaliation or because they were not authorized to talk publicly.

In the small town of Gatesville, the fallout was felt this month with the collapse of cases dubbed “Operation Fallen Angel.” Six of the people indicted last year on allegations that they were involved in a scheme to force teenage girls to “exchange sexual contact for crystal methamphetamine” are now free. One is being held in the central Texas community on other charges. An eighth died in jail.

“It’s absolutely broken. It’s just broken. You don’t do it this way,” Republican District Attorney Dusty Boyd said of the attorney general’s office, which took over the cases from his five-lawyer team. “I made the mistake of trusting them that they would come in and do a good job.”

[…]

After the dramatic exit of Paxton’s top staff in 2020, those brought into senior roles included a California attorney who donated $10,000 to help Paxton fight his 2015 securities fraud indictment and Tom Kelly Gleason, a former ice cream company owner whose father gave $50,000 to the attorney general’s legal defense fund.

Gleason was fired less than two months into his new job as a law enforcement adviser. Paxton’s office has not disclosed why, but three people with knowledge of the matter said Gleason included child pornography in a work presentation at the agency’s Austin headquarters.

The people said Gleason displayed the video — which one of them described as showing a man raping a small child — in a misguided effort to underscore agency investigators difficult work. It was met with outrage and caused the meeting to quickly dissolve.

Afterward, Paxton’s top deputy, Brent Webster, told staff not to talk about what happened, according to one of the people.

Gleason, who began his career as a police officer in the late 1970s, did not respond to voicemails, text messages, emails and letters left at this home and business. A lawyer who has represented him also did not respond to an email seeking comment.

As of August, payroll data show the number of assistant attorneys general — the line lawyers who handle daily case and litigation work — in the criminal prosecutions division was down more than 25% from two years ago. The data, which was obtained under public records law, show the group that handles financial and white-collar cases was cut by more than half and merged with another division.

“This is scary to me for the people of Texas,” said Linda Eads, who served as a deputy attorney general in the early 2000s, when she said it was rare for any division to have more than two or three vacancies.

Boyd said staff turnover in Paxton’s human trafficking unit contributed to the collapse of the cases in Gatesville. In the last two years, Republican lawmakers have doubled the division’s budget to $3 million, but Boyd questioned whether it was well spent.

On Sept. 13, the attorney general’s staff wrote in court papers that they were dismissing three trafficking cases because a witness had recanted and dropping the other four because they were “unable to locate victim.”

“For Pete’s sake, you’re the AG’s office. You can’t find the victim?” Boyd said. “The culture is broken.”

There’s more so read the rest, but honestly, how much more do you need? Screwing up a human trafficking case – which they took away from the locals in Coryell County – because they lost track of a victim, and hiring a failson of a big donor who thought it was a good idea to include actual video of a violent sex crime against a child in a presentation…this is an office for which the word “dysfunctional” is not nearly strong enough. This story needs to get a lot more attention. And for crying out loud, vote for Rochelle Garza in November. This is what you’re supporting if you don’t.

The Paxton subpoena-fleeing saga gets more ridiculous

Because of course it does.

Best mugshot ever

Lawyers in an abortion lawsuit tried for days to subpoena Attorney General Ken Paxton before sending a process server to his home Monday, and notified his office that their server was there before Paxton fled in a truck driven by his wife, according to court records detailing the communication.

Paxton said he left his house in a truck driven by his wife, state Sen. Angela Paxton, because a “strange man” made him fear for his safety; his attorneys say they didn’t know he’d be served the subpoena at his home.

U.S. District Judge Robert Pitman quashed the subpoena on Tuesday, but attorneys for the plaintiffs have asked him to reconsider and require Paxton to testify. Pitman has not yet ruled on that motion, or the merits of the case, which concerns whether nonprofit groups, known as abortion funds, can help Texans pay to get abortions out of state.

The lawsuit, filed in federal court in August, names Paxton as one of the defendants, and the plaintiffs sought to call him to testify at the preliminary injunction hearing Tuesday.

Four days before the hearing, on the morning of Friday, Sept. 23, Austin attorney Elizabeth Myers emailed assistant attorney general Amy Hilton, saying that since it was not clear whether Paxton intended to be at the hearing, they were going to issue a subpoena out of “an abundance of caution.”

“I assume you’d like for us to serve that through you, but will you please confirm by noon today that you will accept service,” Myers wrote. “Otherwise, we’ll start the personal service process. I’d really prefer not to have to do that, of course.”

Hilton did not confirm whether they could accept the subpoena on Paxton’s behalf, so the lawyers had a process server deliver the subpoena to Paxton’s office Friday afternoon, emails indicate.

But on Sunday, attorneys from the Texas attorney general’s office told Myers that the subpoena was invalid because it was served through Paxton’s office but sought to depose him in his individual capacity, according to the plaintiffs’ motion before Pitman.

Attorneys for the state said that Paxton would be represented in his official capacity at the hearing by assistant attorneys general, and “declined to clearly indicate whether they would accept a revised subpoena,” according to that motion.

“Myers then indicated that this meant General Paxton needed to be served personally, and Ms. Myers asked if General Paxton’s counsel knew where General Paxton was so that he could be located and served,” the filing reads.

The representatives from Paxton’s office declined to provide that information but said they would determine whether they could accept a subpoena on his behalf, the filing says. By Sunday evening, though, Hilton said they did not yet have an answer for the plaintiffs’ legal team.

“Please let me know ASAP if you are authorized to accept service so I can adjust our process server instructions,” Myers wrote in an email sent Sunday at 6:50 p.m.

The attorney general’s office acknowledged in a motion filed Tuesday that they were aware that the plaintiffs’ attorneys were going to attempt to serve Paxton with a subpoena. But they did not know that that meant they “intended to attempt personal service on Ken Paxton at his private residence.”

See here and here for the background. The story goes on from there, with the plaintiffs trying to get an answer from the AG’s office about how best they can do this totally normal procedural thing and getting stonewalled, then a flunky from the AG’s office whining about the plaintiffs doing what they said they would do if they couldn’t get an answer from them. It’s a level of clownishness from the AG’s office that even I hadn’t expected from them, which probably means I need to recalibrate my cynicism again. There was a time when I would have wondered if the people who keep defending Ken Paxton might be feeling even a little bit of shame at these displays, and then I remember that those people haven’t felt any shame since at least 2015, so there you have it. I don’t know what else there is to say.

Hispanic Policy Foundation: Abbott 51, Beto 44

One more poll to look at.

There’s an old adage that says the more things change, the more they stay the same. And according to our new poll, that applies to politics in Texas as well, as support for Republicans remains strong across the board heading into the November elections.

“Texas Decides” is a joint effort between the Texas Hispanic Policy Foundation (THPF) and TEGNA Texas stations WFAA, KHOU, KENS and KVUE. It draws on a survey of 1,172 likely Texas voters that was taken between September 6, 2022, and September 15, 2022. It has a confidence interval of +/- 2.9%. The report reviewed the vote intention for the November 2022 Texas elections.

The election will be held November 8. Early voting starts October 24.

Part 1 of this poll, released here, takes a look at the major statewide races across Texas in the coming election. Parts 2 and 3, which will be released later this week, will respectively focus on the Hispanic population’s opinions of the candidates and on culture war issues.

The poll found that Republican incumbent Greg Abbott leads Democrat Beto O’Rourke by seven points (51% to 44%) among likely voters. Among most likely (almost certain) voters, the lead grows to 10 points (53% to 43%). Just 1% of voters in both categories (likely/most likely) says they’ll vote for Libertarian Mark Tippetts and Green Party candidate Delilah Barrios.

“Gov. Abbott’s strength among rural and Anglo voters continues to bolster his intransigent structural support in the 2022 race for Texas Governor,” THPF CEO Jason Villalba says of the poll’s results. “While O’Rourke has shown himself to be a worthy and hard-working adversary, unless there is a marked shift in the composition of the November electorate, Governor Abbott will remain the political and thought leader of Texas politics. Only new voters will be able to shift the tide.”

Perhaps the poll’s most significant finding in the gubernatorial race is the fact that voters seem hardened in their choices, with little room for movement come November. In fact, 95% of all likely voters who say they’ll vote for Abbott tell us they are “certain” about their vote choice. On the other side, 94% of all likely voters who will back O’Rourke say they are “certain” about that choice.

And when you break down support among race, Abbott holds a nearly two-to-one advantage over O’Rourke among white voters, with the incumbent being a 63% choice to his challenger’s 33%. O’Rourke has a strong advantage with Black voters, however, up 79% to Abbott’s 16%. The support margin is closer among Hispanic voters, with 53% intending to vote for O’Rourke and 39% for Abbott.

Poll data is here. In April, this pollster had the race at 50-42 for Abbott. Since I made such a big deal about it the last time I blogged about a poll, this one has a partisan split of 43 GOP, 41 Dem, 14 Indie, 2 “other”. Other results from this poll:

Dan Patrick 48, Mike Collier 42
Ken Paxton 47, Rochelle Garza 42
Dawn Buckingham 46, Jay Kleberg 38
Sid Miller 48, Susan Hays 41
Wayne Christian 44, Luke Warford 37

No love for the Comptroller’s race, I guess. As I have said before, I don’t care for the distinction between “likely” voters and “super duper extra likely” voters, but you do you. This poll shows very little change between April and now, which is to say pre-Dobbs and post-Dobbs, so either not much has changed in the Texas landscape since then, or something has changed but pollsters other than the UT/Texas Politics Project aren’t picking it up. I’m just going to leave it there.

Run, Kenny, run!

Peak Ken Paxton.

Best mugshot ever

Texas Attorney General Ken Paxton fled his home in a truck driven by his wife, state Sen. Angela Paxton, to avoid being served a subpoena Monday, according to an affidavit filed in federal court.

Ernesto Martin Herrera, a process server, was attempting to serve the state’s top attorney with a subpoena for a federal court hearing Tuesday in a lawsuit from nonprofits that want to help Texans pay for abortions out of state.

When Herrera arrived at Paxton’s home in McKinney on Monday morning, he told a woman who identified herself as Angela that he was trying to deliver legal documents to the attorney general. She told him that Paxton was on the phone and unable to come to the door. Herrera said he would wait.

Nearly an hour later, a black Chevrolet Tahoe pulled into the driveway, and 20 minutes after that, Ken Paxton exited the house.

“I walked up the driveway approaching Mr. Paxton and called him by his name. As soon as he saw me and heard me call his name out, he turned around and RAN back inside the house through the same door in the garage,” Herrera wrote in the sworn affidavit.

Angela Paxton then exited the house, got inside a Chevrolet truck in the driveway, started it and opened the doors.

“A few minutes later I saw Mr. Paxton RAN from the door inside the garage towards the rear door behind the driver side,” Herrera wrote. “I approached the truck, and loudly called him by his name and stated that I had court documents for him. Mr. Paxton ignored me and kept heading for the truck.”

Herrera eventually placed the subpoenas on the ground near the truck and told him he was serving him with a subpoena. Both cars drove away, leaving the documents on the ground.

On Twitter, the attorney general said his sudden departure was motivated by concerns for his family’s safety.

“It’s clear that the media wants to drum up another controversy involving my work as Attorney General, so they’re attacking me for having the audacity to avoid a stranger lingering outside my home and showing concern about the safety and well-being of my family,” he wrote in a tweet.

You can see the affidavit here. I mean, seriously. If this had been a story in The Onion, I’d have rolled my eyes at it for being too on the nose. All this because Paxton was too much of a weenie to give a deposition in a lawsuit that had little to do with him. Other people have righteously mocked Paxton for his Brave Sir Robin impression, and now I will as well.

I think I’m done now. What a miserable, sniveling coward Ken Paxton is. The kindest thing we can all do for him now is to vote for Rochelle Garza, so that he and his family can go back home.

Spectrum News/Siena College: Abbott 50, Beto 43

A new pollster enters the chat.

Less than two months from Election Day, Republican Governor Greg Abbott has a seven-point, 50-43%, lead over Democratic challenger, former Congressman, Beto O’Rourke. In the race for Lieutenant Governor, incumbent Republican Dan Patrick is up by nine points, 49-40%, over Democratic challenger Mike Collier. In the race for state Attorney General, incumbent Republican Ken Paxton has a five-point advantage, 47-42%, over Democratic challenger Rochelle Garza according to a new Spectrum News/Siena College (SCRI) poll of likely Texas voters released today.

Abbott has a 47-46% favorability rating, while O’Rourke has a negative 39-52% favorability rating. Patrick has a negative 33-36% favorability rating, compared to Collier’s 13-12% favorability rating. Paxton has a negative 29-41% favorability rating while Garza, like Collier is unknown to about threequarters of Texas likely voters, and has a 13-12% favorability rating.

“Governor Abbott, who won a landslide thirteen-point race against Democratic challenger Lupe Valdez four years ago, has a seven-point lead with over six weeks until Election Day. Abbott has the support of 95% of Republicans and O’Rourke has the support of 93% of Democrats, while independents tilt toward Abbott by one point,” said Don Levy, SCRI’s Director. “White voters favor Abbott by over two-to-one, 64-31%, while Black voters prefer O’Rourke 79-10% and a majority of Latinos, 58-36%, plan to vote for O’Rourke.”

The crosstabs are here. The headline on the Chron story for this refers to Abbott’s lead “widening”, which I object to on the grounds that there’s no earlier Spectrum/Siena poll to compare this one to. I don’t like comparing one pollster’s poll to another’s because they all do slightly different things. Nobody asks me these about these things, so here we are.

Now, if we want to do comparisons to other polls, I will note that this one actually has solid numbers for Beto in terms of support from Dems, as well as from Black and Latino voters. Compare to the DMN/UT-Tyler poll from earlier this week that had Beto only winning Dems by a 77-12 margin, and multiple polls saying that Abbott is getting upward of 15% of Black voters. Why is the overall result not so great if these subsamples are so good? My guess would be that this sample’s partisan distribution is a bit weird – 27% Dem, 34% GOP, 32% Indie/Other (the remaining 8% are a mystery). The DMN/UT-Tyler poll had those distributed as 33-40-27, and in general I expect the Dem share to be higher than the Indie share.

Having written that, I decided I had to go back through earlier poll results to do a comparison. With one exception, my expectation matched the data:

UT-TPP: Dem 42, GOP 48, Indie 10

Echelon: Dem 35, GOP 43, Indie 20

UH/Hobby Center: Dem 41, GOP 46, Indie/unsure 13

Quinnipiac: Dem 24, GOP 30, Indie 36, Other 10

I went back as far as June. Not all of the recent results I’ve blogged about included partisan breakdown data that I could find. Color me surprised at some of the ranges here. You can make of all this what you will, it’s what I noticed.

DMN/UT-Tyler: Abbott 47, Beto 38

Insert shrug emoji here, and insert link to the unreadable DMN story here. I’ll give you the main results of interest and then a few comments after that.

Abbott 47, Beto 38
Patrick 39, Collier 28
Paxton 37, Garza 30
State House GOP 50, Dem 48

The August poll had Abbott up 46-39. As I said in other posts while resisting the urge to attribute “momentum” to Beto, I find the claim that a one point shift for each candidate represents a “gain” for Abbott to be a bit tendentious. Like with other polls, the subsample that I tend to look at when considering these results is the partisan subsamples. Here, Beto wins Democrats by a lethargic 77-12, with Abbott at 85-8 among Republicans. It was 81-12 for Beto in August, with Abbott at the same level among Rs. I find the claim that more than ten percent of people who would credibly self-ID as Democrats support Greg Abbott to be implausible. I’ll just leave it at that.

I know that the Lite Guv and AG races are lower profile, but as I’ve said before, poll results this late in the cycle that can’t give me a better idea of how many people will vote for “the Republican” versus “the Democrat” are not ones I put much weight in. It is possible to do better than that. It’s especially humorous to me given the near-100% response rate for the Texas House race. The conjunction of these things doesn’t make much sense to me.

One last thing, in their suite of issues questions, this poll finds slightly less support overall for abortion rights, as approval for overturning Roe v Wade went from 42-49 in August to 46-46 in September, while the question on abortion being mostly or completely illegal versus mostly or completely legal went from 44-55 in August to 49-50 in September. This stands at odds with other recent polling. Which doesn’t mean it’s wrong, just that I will cast a skeptical eye at it. The claim I saw in the snippet of the story I could read that this had to do with Abbott doing a lot of advertising strikes me as not very likely. Polls can be weird, which is why we try to look at them in bunches where possible.

UPDATE: I missed on first reading that this was a poll of registered voters, not “likely” voters, which is what all of the other recent polls have been. That explains the lower response numbers in the Lt. Governor and AG races. With their likely voter screen, this poll has Abbott up 50-39. My stated concerns about the likelihood of so many self-described Democrats saying they will vote for Greg Abbott remain.

UT/Texas Politics Project poll: Abbott 45, Beto 40

Feels kind of familiar.

Gov. Greg Abbott leads his Democratic challenger Beto O’Rourke by 5 percentage points, according to a new poll from the Texas Politics Project at the University of Texas at Austin.

The survey found that Abbott received 45% of support among registered voters, while 40% supported O’Rourke and 4% supported third-party candidates. Three percent of respondents named “Someone else” as their choice, and 8% said they have not thought about the race enough to have an opinion.

The result is almost identical to the margin from when the pollsters last surveyed the race in June, finding Abbott ahead of O’Rourke 45% to 39%.

The latest survey also gave Republican incumbents single-digit leads in two other statewide races. Lt. Gov. Dan Patrick led Democrat Mike Collier by 7 points, and Attorney General Ken Paxton registered a 5-point advantage over Democrat Rochelle Garza. More voters remain undecided in those contests than in the gubernatorial election — 20% in the lieutenant governor’s race and 21% in the attorney general one.

See here for the previous UT/TPP poll, and here for the pollsters’ report. The Lite Guv and AG numbers are 39-32 for Patrick and 38-33 for Paxton, and I just don’t give much weight to results that have such high numbers of non-responses. Joe Biden clocks in with a 40-52 approval rating, up from 35-55 in June. Abbott was at 46-44, up from 43-46 in June.

You may look at this and conclude that there’s been no noticeable boost in Democratic fortunes since the Dobbs ruling. Based just on post-Dobbs polls (minus that Echelon poll) that may be correct. I will note, however, that Abbott has slowly been losing ground to Beto in this particular poll over time:

February: Abbott 47-37
April: Abbott 48-37
June: Abbott 45-39
August: Abbott 45-40

I will also note that this poll, like previous ones, has generic US House/Texas House questions. If you look in the crosstabs for this poll (questions 21 and 22), those numbers are 47-43 and 46-43 in favor of Republicans, respectively. It was 46-41 GOP for both in June, and 48-39 (Congress) and 47-39 (The Lege) for the GOP in April. So while maybe not a sharp turn, there has been a gradual bend all along.

UH-TSU Texas Trends poll: Abbott 49-Beto 42, and Hidalgo 52-Mealer 42

From their webpage, scroll down to Report 1 and Report 2:

  • In the race for governor, Republican Greg Abbott leads Democrat Beto O’Rourke by 7% among likely voters, 49% to 42%, with 7% undecided and 1% intending to vote for Libertarian Mark Tippetts and 1% for the Green Party’s Delilah Barrios.
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  • Abbott holds a 29% (61% to 32%) lead over O’Rourke among white voters while O’Rourke holds a 57% (72% to 15%) lead over Abbott among Black voters, a 15% (53% to 38%) lead among Latino voters and a 9% (48% to 39%) lead among those voters with a mixed or other ethnic/racial identity.
  • Abbott and O’Rourke are deadlocked at 45% among women voters, while Abbott enjoys an 18% (55% to 37%) lead over O’Rourke among men.
  • In the race for lieutenant governor, Republican Dan Patrick leads Democrat Mike Collier by 6% among likely voters, 49% to 43%, with 8% undecided.
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  • Patrick holds a 26% (60% to 34%) lead over Collier among white voters while Collier holds a 63% (78% to 15%) lead over Patrick among Black voters, a 14% (51% to 37%) lead among Latino voters and a 5% (44% to 39%) lead among those voters with a mixed or other ethnic/racial identity.
  • Collier holds a narrow 1% lead over Patrick among women voters (46% to 45%) while Patrick enjoys a 15% (54% to 39%) lead over Collier among men.
  • In the race for attorney general, Republican Ken Paxton leads Democrat Rochelle Mercedes Garza by 3% among likely voters, 45% to 42%, with 10% undecided and 3% intending to vote for Libertarian Mark Ash.
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  • Paxton holds a 23% (56% to 33%) lead over Garza among white voters while Garza holds a 61% (75% to 14%) lead over Paxton among Black voters, a 16% (51% to 35%) lead among Latino voters, and a 15% (45% to 30%) lead among those voters with a mixed or other ethnic/racial identity.
  • Garza holds a 5% lead over Paxton among women voters (45% to 40%) while Paxton enjoys a 13% (51% to 38%) lead over Garza among men.

In addition to the statewide election analysis of likely voters, the 2022 Texas Trends survey looks at the race for county judge in Harris County, the nation’s third largest county and Texas’ largest, with a population of more than 4.5 million residents.

While the non-election related reports we will subsequently release focus on all Harris County adults aged 18 years and older, this county-specific election report is based on the analysis of a sample population of 195 likely voters, with a confidence interval of +/- 7.0%. Given the small size of this population, caution should be used in interpreting the results due to the comparatively large margin of errors surrounding all of the estimates.

This county-specific election study is presented as the second report in the overall series, and it includes the preferences for candidates running for governor, lieutenant governor and attorney general in addition to county judge.

  • The vote intention in the race for Harris County judge is 52% for Democrat Lina Hidalgo and 42% for Republican Alexandra del Moral Mealer, with 6% undecided.

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  • This 10 percentage point lead by Hidalgo is notably higher than the 1 percentage point lead she garnered in the Hobby School election survey released in July.
  • Del Moral Mealer holds a 19 percentage point advantage over Hidalgo among white voters, 58% to 39%.
  • Hidalgo holds a 71 percentage point advantage over del Moral Mealer among Black voters, 79% to 8%, and a 44 percentage point advantage among Latino voters, 69% to 25%.
  • Hidalgo enjoys a 14 percentage point lead over del Moral Mealer among women, 53% to 39%, but only a 2 percentage point lead among men, 50% to 48%.
  • Del Moral Mealer enjoys a 16 percentage point lead over Hidalgo, 56% to 40%, among the combined Silent Generation/Baby Boomers cohort, and Hidalgo a comparable 16 percentage point lead over del Moral Mealer among Generation X, 54% to 38%.
  • Hidalgo is the overwhelming favorite of the combined Millennials/Generation Z cohort, with a 40 percentage point lead in vote intention over del Moral Mealer, 67% to 27%.

That’s a lot to take in, but it’s all there on their site. Note that while this poll references the UH/Hobby poll from July that had Abbott up 49-44 and had Judge Hidalgo only up by one point, 48-47, this one is different in two ways. One is just simply that this poll is a collaboration between UH and TSU whereas the previous one was all UH. I don’t think that makes any real difference, but there it is anyway. The other is that the July poll of Harris County was (I assume, anyway) a separate sample of 321 voters, while this one is (again, I presume) a subsample of 195 likely voters from the larger all-state population of 1,312. I don’t know why they chose to do it this way, and I hope someone will correct me if I’m wrong, but that’s how I read it.

The full data for the statewide report is here, and for the Harris County subsample here. My observations, bullet-point-style:

– The July poll was also post-Dobbs, so at least as far as these surveys go there’s not been any change in the overall environment since then. Insert anodyne statement about individual data points and move on.

– In the July poll, Beto was down five overall and led in Harris County by nine; in this poll Beto is down seven overall and leads in Harris County by 13 (it was 51-42 in July and it’s 53-40 in September, as you can see in the second report). Again, if there were a live feed of me as I typed up this post, you would have seen me shrug right there. Beto beat Cruz in Harris County by a 58-41 margin in 2018, and he’s within range of that in this poll, though as noted one with a higher-than-usual margin of error. All I’m saying here is that historically there’s been a relationship between the statewide percentage for a Dem candidate and that same candidate in Harris County. As such, in general if Beto is doing better in Harris I’d expect him to be doing better across the state. But we’ll see.

– That July poll had Mealer leading Hidlago among Latino voters by three points. This one has Hidalgo up among those same voters by 44. I feel very confident saying that it cannot be the case that both of those figures were accurate. Maybe they’re both off, but if one is right then the other is extremely wrong.

– I didn’t post the generational numbers for the statewide races, but overall Hidalgo did much better than the others. Of course, this is a subsample of a subsample, so be super duper cautious in drawing any conclusions from this. For what it’s worth, in the three statewide races the Dems were around 55% for the Millennial/Gen Z cohort and the Republicans were in the 30-35 range.

– The main reason Rochelle Garza is closer to Ken Paxton than Beto and Collier are to Abbott and Patrick is that Paxton has less support overall, clocking in at 45%. Most likely, this is just a number of Abbott/Patrick voters moving into the “don’t know” pile in this race. Maybe they’re really not sure how they’re voting, and maybe they’re Republicans who don’t want to admit, even in a webpanel, that they’re voting for Paxton. I do think Garza has a chance to be the top Dem performer, but I don’t think you can necessarily conclude that from this poll, as her level of support is in line with Beto and Collier. She did do best in Harris County, leading Paxton 54-36 in that sample, compared to 53-40 for each of the other two Dems.

– This is not the first poll I’ve seen this cycle that had Abbott getting about 15% of Black voters, which is about five points better than I’d normally expect. I don’t know if this is sample weirdness or if there’s something there, like the Trump bump among Latinos was visible in some 2020 polls, though not all.

– Finally, as far as Latino voters go, imagine me shrugging again. Some of what we saw in 2020 was low-propensity voters turning out, but not all of it. I genuinely have no idea what to expect.

Paxton’s State Bar disciplinary hearing

We are slowly moving towards finally having some kind of result in this saga.

Best mugshot ever

Lawyers for Texas Attorney General Ken Paxton argued Wednesday that a Kaufman County judge should toss a lawsuit alleging he acted unethically in a legal challenge that sought to overturn the 2020 presidential election.

The first public hearing in the case inside a near-empty Kaufman County courtroom was not to determine the merit of the lawsuit lodged by a disciplinary commission of the state bar, but whether the group can seek sanctions against Texas’ top lawyer.

Paxton’s lawyers said the case, which could threaten his law license, is an unconstitutional attempt to control his office’s work and could have a chilling effect on future attorneys general. But an attorney for the commission countered that all lawyers should be subject to the same rules of professional conduct, no matter their position.

Judge Casey Blair, a Republican, did not issue a decision from the bench Wednesday. The outcome could establish the limits of the commission’s power to sanction lawyers who serve in high-ranking elected positions.

Any ruling will likely be appealed, meaning it could be months before the bar’s complaint over Paxton’s 2020 election lawsuit is heard in court, if ever.

[…]

In the hearing Wednesday, Christopher Hilton, a state attorney representing Paxton, argued that if the court allows the lawsuit to go forward, then “every future attorney general will have to fear for their law license rather than represent the state of Texas to the best of their ability and the way their voters expect that they would do.

“They would be hamstrung on unelected bureaucrats,” he said.

Royce LeMoine, a lawyer for the commission, said Paxton is being sued for his actions as a lawyer, not as the state’s attorney general, and that this is not a “select prosecution.”

“The commission’s disciplinary rules do not violate the respondent’s ability to advocate for his clients and the state of Texas,” LeMoine told the judge.

See here, here, and here for the previous updates. The Chron had a preview story on Tuesday.

“I hope it proceeds,” said Jim Harrington, one of the Texas lawyers who filed the State Bar complaint. “I hope [the judge] bites the bullet and denies the plea because it’s the right thing to do.”

[…]

In seeking to dismiss the disciplinary case, Paxton’s lawyers argue that it would violate the separation of powers doctrine for the Texas courts to “police” what they say was an executive branch decision. They also claim Paxton is protected by sovereign immunity, the legal principle that generally shields public officials from lawsuits.

In a separate motion, the attorney general’s office is asking the judge to allow the agency to intervene in the case on Paxton’s behalf.

The 2020 suit was not “dishonest, fraudulent, or deceitful,” they write in filings, and the State Bar’s issues with it essentially amount to a “political disagreement.”

“If Texans disapprove of the how the Attorney General exercises his authority, the remedy is to vote him out of office,” Paxton’s attorneys write. “The bar has no veto over how the Attorney General exercises his constitutional authority.”

Paxton was not the first attorney general to be asked to spearhead the case, and lawyers in his own office, including then-Solicitor General Kyle Hawkins, had argued against it, according to the New York Times. Hawkins, who would normally represent the state in such litigation, had no involvement in the case when it was filed and resigned within a month.

Top lawyers at the Florida attorney general’s office ridiculed the suit as “bats—t insane,” emails revealed.

Recent polls have shown the attorney general’s race is highly competitive between Paxton and his Democratic opponent Rochelle Garza, a former ACLU attorney. Garza, who has portrayed herself as the candidate who will bring integrity to the attorney general’s office, isn’t buying Paxton’s legal argument in this case.

“Political disagreements have to do with policies, not facts,” Garza said in a statement. “Even first-year law students know that legal accusations of wrongdoing require evidence, yet two years later, Paxton continues peddling his baseless lies about the 2020 election. Texans deserve an attorney general who believes in the rule of law and ethically uses the power of the office to serve Texans, not for their own political ends.”

Any decision in the case could foreshadow the result of a suit filed against Paxton’s First Assistant Attorney General Brent Webster by the Texas Bar for his involvement in the 2020 Supreme Court petition. Webster is also seeking to dismiss his case, and a hearing will be held Sept. 6 in Williamson County.

Paxton and Webster are being represented by lawyers from the attorney general’s office, as well as outside counsel. The office has not responded to questions about why they need both. The cost to taxpayers so far is over $46,000, and that’s before today’s initial proceedings.

The attorney general’s office has said the four in-house attorneys working on the case are not keeping track of their billable hours. The office did not explain why no timekeeping was done, despite its policy of doing so for other types of cases.

“To me, it’s really outrageous they’re using taxpayer money,” Harrington said. “This has nothing to do with his role as attorney general, absolutely nothing. It’s only his role as an attorney. Even if the State Bar disbars him, it has no effect on him being attorney general.”

You will not be surprised to know that I am on the State Bar’s side in this dispute. Paxton’s argument has merit to the point that elected officials should not be held accountable for political decisions by non-political offices like the State Bar. Where that falls apart is that he was also acting as a lawyer, and in doing so was violating the ethical and professional rules that lawyers are supposed to abide by. The evidence for that is overwhelming, from the sheer brazen falsity of the the claims he was making to the way similar lawsuits had been routinely batted aside by a myriad of courts to the fact that his own Solicitor General, whose job it is to make these arguments in court, refused to participate. If he can’t be held accountable for that then he has a blank check to do anything. That cannot be the right answer.

Anyway. If Paxton is found guilty, he will be subject to discipline from the State Bar, which could be anything from a scolding to being disbarred. While the latter seems unlikely to me – from what I have observed, it’s usually lawyers that do things like misappropriate clients’ money that get the boot – I don’t think it would be inappropriate given the seriousness of the issue. If that did happen, Paxton would still be able to hold the office of Attorney General. We’re not getting rid of him that easily. I don’t know what to expect and I don’t know how long it might take. With Paxton, we’re used to waiting on these things. Reform Austin has more.

DMN/UT-Tyler: Abbott 46, Beto 39

Here we go again with the DMN/UT-Tyler poll, which if nothing else always provides something to talk about. The unreadable DMN story is here. The Chron has a story with a semi-ridiculous headline about how Abbott has slightly increased his lead in the race. This is semi-ridiculous because the topline result is 46-39 in his favor, exactly what it was in the DMN/UT-Tyler poll from May. The comparison they are making is to polls from July, so if you want to go there it’s up from a five point lead in the UH Hobby Center poll, up from a six point lead in the UT Politics Project poll, but down from an eight point lead in the CBS News poll. This is why I prefer to compare between polls of the same type, and why I specify when comparing to other polls. It’s also why I preferred to stay away from “Beto is gaining” narratives in July, because as I said all it takes is one poll that shows a slightly bigger lead for Abbott and it all gets blown up.

Anyway. The poll data is here and I’ll give you the highlights with a few comments.


Abbott    46
Beto      39
Other     13
DK         1

Patrick   36
Collier   28
Other     15
DK        21

Paxton    34
Garza     32
Other     15
DK        18

Dem       48
GOP       50

“Other” is the sum of named Libertarian and Green candidates (one of each in the Governor’s race, just one in the other two) plus the “Other” response. For obvious historic reasons, I don’t expect any of these numbers to be that high in November; this is mostly people not committing to an answer at this time for whatever the reason. The fourth listing is for the generic “which party are you voting for in the US House race” question. Note that this was 49-48 for Republicans in May, and 52-45 for Republicans in February.

The main thing I’ll say about these individual results is that Beto gets only 81-12 support among Dems, with Abbott getting 85-8 among Republicans. Somehow, this poll reports 21% of Black voters supporting Abbott, which at least would explain the overall Dem numbers. Let’s just say I don’t find that particularly credible and move on. Beto has taken the lead among independents in this poll at 34-31; it was 36-29 among indies for Abbott in February and a bizarre 16-6 for Abbott in May – as I noted in the earlier post, that reporting seemed to be screwed up. Both Mike Collier (20-19) and Rochelle Garza (24-19) lead among indies as well. Neither was tested in May as they were still in primary runoffs.

Next is the approvals questions:


Name       Approve  Disap  None
===============================
Biden           41     56     3
Abbott          47     49     4
Beto            43     43    13
Patrick         41     39    20
Paxton          41     40    19

For Beto, the question is asked as whether you have a favorable or unfavorable opinion of him. President Biden was at 39-58 in May, so this is an improvement. Abbott was at 46-50 in May, Beto was 42-44, Paxton basically the same at 42-41. Dan Patrick had a strange 50-41 approval result in May – this is more in line with other results and overall expectations.

Two issue questions about abortion:

Do you approve or disapprove of the Supreme Court’s decision to overturn Roe v. Wade and allow states to decide abortion policy?


Strong approve        31
Somewhat approve      11
Somewhat disapprove   10
Strong disapprove     39

Should abortion be illegal in all cases, illegal in most cases, legal in most cases, or legal in all cases?


All illegal     31
Mostly illegal  13
Mostly legal    30
All legal       25

I’ve copied the exact wording. Abortion polling is complex and highly dependent on how questions are worded. The one thing that is totally clear is that there is little support for the current law, which basically allows for no exceptions.

We’ll see if we get more results soon. August and September is usually a busy time for such data. As always, take any individual result with skepticism, not because they are untrustworthy but because they are each just one data point.

July 2022 campaign finance reports: State races

I don’t often follow the campaign finance reports in state races, mostly because they’re usually not that interesting and there’s too many races to look at if I was interested. I didn’t review these in January for the contested primaries, but I decided there are enough races that are worth checking on to have a peek at some July reports. I’ve noted the big Beto numbers, so I’ll skip that here.

Mike Collier, Lt Gov
Rochelle Garza, Attorney General
Janet Dudding, Comptroller
Jay Kleberg, Land Commissioner
Susan Hays, Ag Commissioner
Luke Warford, Railroad Commissioner

Morgan LaMantia, SD27

Daniel Lee, HD26
Luis Echagaray, HD52
Sheena King, HD61
Brittney Verdell, HD65
Jesse Ringness, HD66
Kevin Morris, HD67
Mihaela Plesa, HD70
Suleiman Lalani, HD76
Salman Bhojani, HD92
Elizabeth Ginsberg, HD108
Elva Curl, HD112
Frank Ramirez, HD118
Rebecca Moyer DeFelice, HD121
Angela Aramburu, HD122
Stephanie Morales, HD138


Candidate     Raised      Spent       Loan     On Hand
======================================================
Collier      693,806    226,315    450,500     534,242
Garza        518,054    107,134          0     445,817
Dudding       37,956     52,378     45,884      16,908
Kleberg      586,296    433,030    100,000     439,854
Hays          96,085     94,777          0      53,310
Warford      296,516    271,506     23,561     110,066

LaMantia     183,859    427,090  2,980,000      58,024

Lee            2,580        904      1,000      11,345
Echegaray      9,343      9,123          0       9,081
King          20,999     14,635          0           0
Verdell       16,711      4,252          0      16,669
Ringness       2,635      3,212          0       2,635
Morris        20,124     11,589          0       9,266
Plesa         80,030     45,215     59,000      45,793
Lalani        10,742     26,925    145,000      10,617
Bhojani       84,346     77,688    100,000      24,682
Ginsberg     105,297     22,587          0      83,152
Curl          27,622      7,455     10,000      35,274
Ramirez       43,423     32,299          0       6,962
DeFelice      64,110     40,476      5,000      35,460
Aramburu      38,353      8,289          0       5,063
Morales        6,131      3,252          0       8,583

I’m looking at the non-Beto and non-judicial statewide races, the one open State Senate seat that could be interesting, and a handful of State House races based partly on 2020 election data and my own idiosyncrasies. There were a few State House races that might be intriguing on paper, I couldn’t find a finance report for the candidate in question. If there’s a race that I’ve skipped that offends you, let me know in the comments.

Remember that these reports may cover different time spans, depending on the candidate’s primary status. Candidates who had no primary opponent, such as Luis Echagaray in HD52, have reports that include all activity since January 1. Candidates who won their March primary, such as Daniel Lee in HD26, have reports that include all activity since February 21. And candidates who had to win a primary runoff, such as Suleimon Lalani in HD76, have reports that include all activity since May 16. Check the report itself if you’re not sure for a given candidate – the information is there on the first page.

Mike Collier is one of those who had to endure a runoff, so that $693K is since mid-May. That in itself is not too bad – it’s not particularly eye-catching, but it’s a decent pace and will add up over time. To that extent, here are the totals Collier has posted over other periods since last year:

Feb 20 – May 14 – $487,963
Jan 21 – Feb 19 – $124,329
Jan 01 – Jan 20 – $55,989
Jul 01 – Dec 31 – $826,861
Jan 01 – Jun 30 – $757,109

That’s nearly $3 million raised since the beginning of 2021. It’s not a huge amount – you may not be aware of this, but Texas is a big state with a lot of media markets and it costs a crapton of money to effectively advertise statewide as a result – but it’s not nothing. If Collier can continue at the pace from his last report, he’ll collect a couple million dollars by November. Maybe that’s another reason why Republicans are now attacking him.

Rochelle Garza and Jay Kleberg, who were also in the May runoffs, posted their own $500K-plus totals for the six weeks of their periods. I won’t do the same listing as I did for Collier, but I can tell you that Garza has raised about $1.1 million and Kleberg about $2 million since last November. The same caveats as with Collier apply, but I can’t think of any election since maybe 2002 where multiple statewide Dems posted similar numbers. As I’ve said elsewhere, whatever you’ve budgeted to give to Beto, leave a little room for Collier and Garza and Kleberg and the others.

SD27 is the Senate seat that Eddie Lucio is finally vacating. Morgan LaMantia won the nomination in the runoff, so her totals are from May 15. SD27 was moderately Democratic in 2020 after having been much more Democratic in 2016, so it’s one to watch for signs of either a rebound or further decay. There was a recent Trib story that I don’t feel like looking for with a headline that says Republicans are mulling whether to pour money into this one. I don’t know why they wouldn’t, but I guess even they don’t have infinite resources and have to choose their priorities.

I haven’t paid a lot of attention to most of these State House races, many of which were uncontested in March. I didn’t even recognize a few of the names before I went looking for their reports. HDs 70 (Collin County) and 92 (Tarrant) are new Democratic districts drawn to shore of neighboring Republican districts. HD76 had been a Democratic district in El Paso, and is now a Democratic district in Fort Bend. The rest for the most part are districts Trump won by less than ten points, with HD118 being a slight Biden seat that the Republicans won in a special election last year. Frank Ramirez is back for a second shot at it, and I’d certainly like to see a bigger cash on hand number in that one. Otherwise, not much here to grab your attention, with the possible exceptions of Elizabeth Ginsburg, who hopes to flip one of the last two red districts in Dallas County, and Rebecca Moyer DeFelice, running in HD121, the Bexar County equivalent of HD134 (and HD108, for that matter).

This concludes my tour of the July finance reports. I expect to look at the 30-day reports for Harris County, and maybe the 8-day reports for it as well. As always, let me know if you have any questions.

Grifters always stick together

Two shitty tastes that taste even shittier together.

Best mugshot ever

Texas Attorney General Ken Paxton is pretty familiar with Catherine Engelbrecht. He’s been a guest on her podcast, chatting about their shared passion: rooting out voter fraud. They both have gone to great lengths to try to support former President Donald Trump’s lie that the 2020 election was stolen.

And when Engelbrecht, founder of the nonprofit True the Vote, has found herself in hot water, Paxton’s office has turned out to be a helpful ally.

Most recently, a state judge sided with Engelbrecht’s argument that it should be Paxton’s office – not a court – that should probe allegations made by a True the Vote donor who says he was swindled out of $2.5 million.

But more than a year after the case was dismissed, Paxton’s office won’t say whether it ever investigated the donor dispute. Last month, Reveal from The Center for Investigative Reporting found that True the Vote had engaged in a series of questionable transactions that sent more than $1 million to Engelbrecht and other insiders, while failing to back up its voter fraud claims.

In the reporting of that story, Paxton’s office withheld financial documents and email communications from Reveal and issued contradictory and inaccurate statements about the nonprofit, which has been a leading voice in driving the voter fraud movement from the political fringes to the core of GOP ideology.

The embattled attorney general this year skated through a contested primary race. But he faces potential disbarment for attempting to overturn the 2020 presidential election results, is under investigation by the FBI, is getting sued by whistleblowers in his office and awaits trial for a seven-year-old felony indictment for securities fraud. In their lawsuit, former staff members have accused him of using his office to provide legal favors to an ally, saying he appointed a special prosecutor to target adversaries of a donor who was under investigation.

His office advocated on Engelbrecht’s behalf before the Texas Supreme Court in 2016 when she got into legal trouble with her previous nonprofit organization, King Street Patriots, for being overtly political. He appeared on her podcast in July 2020, during which Engelbrecht said she considers Paxton a friend.

“I can’t say thank you enough for the dignity and the respect that you bring to that office,” she said.

“I feel blessed to have this opportunity, especially in a time like this. It’s really a crisis,” Paxton replied.

“God bless you. God bless you, Ken Paxton, God bless you. And thank you for all that you and your team do,” Engelbrecht added.

See here for the earlier story of Engelbrecht’s 2020 election-related grifting. Of course Ken Paxton would be her buddy and would be there to help cover up her misdeeds. It’s his core competency. If Rochelle Garza wins election this year, she’s going to have to create an entire division at the AG’s office to investigate all of the malfeasance that Paxton buried, including his own. She may need multiple terms just to get to the bottom of it all. Go read the rest and remind yourself of what could be if she does win this fall.

This is why you don’t put a crook in charge of enforcing the law

Y’all, Ken Paxton.

Best mugshot ever

For the past two and a half years, Texas Attorney General Ken Paxton has declined to sue hundreds of candidates and elected officials who altogether owe more than $700,000 to the state in unpaid fines for campaign reporting violations.

Campaign finance laws are meant to give the public insight into politicians’ possible influences and allow voters make informed decisions and hold officeholders accountable.

The Texas Ethics Commission levies the fines against candidates and elected officials who, for example, fail to file reports on their campaign fundraising and spending in a timely manner. Other violations include filing inaccurate or incomplete reports, misusing campaign or public funds for personal benefit, or producing and distributing misleading political advertising.

The state has few restrictions on political spending by design, with the laws supported by Republican lawmakers who generally oppose government regulation. It’s one of only 11 states that put no limits on individual contributions to campaigns.

And the Texas Ethics Commission, the regulatory agency in charge of enforcing those laws, doesn’t have many tools at its disposal to go after scofflaws aside from letter notifications. Its last line of defense against delinquent filers is to refer their cases to the attorney general’s office.

“We have very few rules when it comes to campaign finance in Texas, and the few that we do have are not enforced, clearly,” said Anthony Gutierrez, executive director of Common Cause Texas, a government watchdog group. “What’s the point of even having the rules?”

Refusing to collect the fines is the latest exhibit of the antagonistic relationship between Paxton and the Texas Ethics Commission. In recent years, Paxton’s office has questioned the constitutionality of the agency’s work, and though his office is charged with defending state agencies in court, he has declined to defend it against a still-ongoing suit filed by political allies of his who seek to gut the agency. The unusual move has cost the state over $1 million by forcing it to seek outside counsel.

[…]

Chase Untermeyer, former chair of the Texas Ethics Commission and former Republican state representative for a Houston district, said he was surprised to hear that no suits had been filed. The attorney general’s office always had a threshold dollar amount for filing suits, he said, but it never quit filing them altogether before Paxton. Untermeyer served on the commission from 2010 to 2017 and was chair from 2016 to 2017.

“In theory, I think the attorney general’s office should represent the ethics commission and carry out both the spirit and the letter of the law,” Untermeyer said, “but I recognize they have a limited staff and for very practical and perhaps financial reasons, they may limit or put a floor on the amount of times they consider enforcement.”

Many times, he said, the only option left to the agency is the “naming and shaming” delinquent filers on a publicly available list on its website. As of last month, the list showed nearly 500 people owed fines that summed more than $2 million.

The halt of collections cases comes after the office filed 36 suits in 2019 and 15 in 2018, agency records show.

Democrat Rochelle Garza, Paxton’s opponent as he seeks re-election, said in a statement to Hearst Newspapers that this is “just another example of Ken Paxton’s impotent use of his office.”

“Paxton cares more about his extremist agenda than doing his job and bringing accountability to our electoral system,” she said. “I will bring back integrity and accountability to our government. There will be no more free passes for bad actors under my administration.”

The irony, as the story notes, is that the two biggest fine-owers right now are both Democrats – Rep. Ron Reynolds, and a Dallas County judge. Among many other things, this particular failure by Paxton – which, again, is a choice and not an error – would give Rochelle Garza a prime opportunity right out of the box if she wins to show how a non-partisan law-abiding Attorney General would operate. Imagine that for a minute. Such a simple lesson, not putting a crook in charge of enforcing the law.

Beto raises $27 million since Feb 20

A new record for that sort of thing.

Democratic gubernatorial candidate Beto O’Rourke raised a staggering $27.6 million from late February through June, outraising Republican incumbent Greg Abbott and setting a new record for campaign fundraising in Texas.

O’Rourke’s campaign announced the haul Friday morning, and Abbott’s followed with the announcement that he raised $24.9 million over the same period. O’Rourke’s $27.6 million is the most a candidate for state office in Texas has ever raised in a reporting period.

Still, Abbott maintains a decisive advantage in cash on hand. His campaign said it had $45.7 million cash on hand as of June 30. O’Rourke’s campaign did not release that figure, but it had $6.8 million in the bank as of mid-February.

The candidates are set to formally disclose their latest campaign finances on a report due later Friday to the Texas Ethics Commission. It will cover Feb. 20 through June 30.

O’Rourke’s haul came from over 511,000 contributions, 98.9% of which came in online, according O’Rourke’s campaign. The average donation was $54.

By comparison, Abbott’s campaign said it “nearly” 113,000 contributions. The campaign added that “nearly 86% came from within Texas.”

The most recent fundraising period saw at least two major events that energized Democrats, including the Uvalde school shooting in May and then the U.S. Supreme Court ruling that overturned Roe v. Wade in June. O’Rourke alluded to those events in a statement touting his fundraising.

“We’re receiving support from people in every part of Texas who want to work together to ensure our state moves beyond Greg Abbott’s extremism and finally leads in great jobs, world class schools, the ability to see a doctor, keeping our kids safe and protecting a woman’s freedom to make her own decisions about her own body, health care and future,” O’Rourke said in a statement.

Apparently, the group that contributed the most among Beto’s contributors was teachers. Can’t imagine why. Abbott is still made of money, and he’s already starting to spend a bunch of it on various forms of advertising. Beto will never have as much money, but he will have enough to be competitive. If you’ve donated to Beto, whether you plan to donate to him again or not, please consider throwing a few bucks to his ticketmates as well – Mike Collier and Rochelle Garza in particular, but any of the others on the statewide ballot will do. We’re going to need every little bit. The Chron has more.

UH/Hobby Center: Abbott 49, Beto 44

This one is post-Dobbs.

In the race for governor, Republican Greg Abbott leads Democrat Beto O’Rourke by 5% among likely voters, 49% to 44%, with 5% undecided and 2% intending to vote for Libertarian Mark Tippetts.

More than nine out of 10 Abbott (95%) and O’Rourke (92%) voters are certain about their vote choice, while 5% and 8% indicate they might change their mind between now and November.

Abbott holds a 27% (60% to 33%) lead over O’Rourke among white voters while O’Rourke holds a 72% (80% to 8%) lead over Abbott among Black voters and a 9% (51% to 42%) lead among Latino voters.

O’Rourke has a 6% (49% to 43%) lead over Abbott among women, while Abbott enjoys a 18% (56% to 38%) lead over O’Rourke among men.

Older Texans belonging to the Silent Generation/Baby Boomer cohort and to Generation X favor Abbott over O’Rourke by margins of 18% (57% to 39%) and 9% (52% to 43%) respectively, while O’Rourke is the candidate of choice among younger Texans belonging to the Millennial/Generation Z cohort, with a 15% (51% to 36%) advantage over Abbott.

Virtually every Texas Democrat (96%) intends to vote for O’Rourke compared to 1% who intend to vote for Abbott, and virtually every Texas Republican (91%) intends to vote for Abbott, compared to 2% who intend to vote for O’Rourke. Texas Independents are more evenly divided, with 48% intending to vote for Abbott and 32% for O’Rourke.

When asked to what extent 15 issues would be important to their gubernatorial vote choice, more than three-fourths of Texas likely voters listed these five policies as being extremely or very important: inflation (84%), crime and public safety (83%), economic growth (78%), government spending and taxes (78%), and health care costs (76%).

Only three issues are extremely or very important to less than half of likely Texas voters when deciding who to vote for in the 2022 gubernatorial election: climate change (48%), COVID-19 policies (47%), and LGBTQ rights (36%).

Four issues are extremely or very important to more than nine out of ten Abbott voters when making their gubernatorial vote decision: inflation (96%), immigration and border security (94%), crime and public safety (92%), and government spending and taxes (91%).

Three issues are extremely or very important to more than nine out of ten O’Rourke voters when making their gubernatorial vote decision: voting rights (94%), gun control (92%), and health care costs (90%).

In the race for lieutenant governor, Republican Dan Patrick leads Democrat Mike Collier by 5% among likely voters, 48% to 43%, with 9% undecided.

More than nine out of 10 Patrick (96%) and Collier (92%) voters are certain about their vote choice, while 4% and 8% indicate they might change their mind between now and November.

In the race for attorney general, Republican Ken Paxton leads Democrat Rochelle Mercedes Garza by 5% among likely voters (46% to 41%), with 9% undecided and 4% intending to vote for Libertarian Mark Ash.

More than nine out of 10 Paxton (94%) and Garza (91%) voters are certain about their vote choice, while 6% and 9% indicate they might change their mind between now and November.

The generic Republican U.S. House candidate leads the generic Democratic U.S. House candidate by 6% among likely voters (49% to 43%), with 6% undecided.

Among likely voters, Abbott is viewed favorably by 50% and unfavorably by 47%.

Among likely voters, O’Rourke is viewed favorably by 45% and unfavorably by 50%.

This was an online YouGov poll, fielded between June 27 and July 7, so entirely after the Dobbs decision, the first such poll. It’s more or less the same as the their February poll, so at least in this poll there doesn’t seem to be much difference as a result of that ruling. Well, in this sample Beto is much closer to Abbott among independents. That probably doesn’t mean much, but it’s what I see.

It’s interesting that the Lite Guv and AG races have similar margins, with the Dem candidates doing almost as well as Beto in total support. The norm for these lower-visibility races is that the “don’t know/no answer” contingent is much higher, which tends to drag the Democratic number down further, as those candidates lack name recognition. This poll confirmed that a large number of respondents didn’t really know much about Mike Collier or Rochelle Garza or any other statewide non-Beto Democrat, but they’re willing to vote for them anyway. Make of that what you will. Reform Austin has more.

Roe v Wade

You don’t need me to tell you what happened yesterday, or what is likely to come. Abortion is still technically legal for another 29 days in Texas, when the trigger law kicks in, but many clinics have already stopped providing abortions because they don’t want to get tangled up in another legal fight that they fear they’ll lose. Local district attorneys will have to handle things from there, though as I said before, if there’s even a hint that local prosecutors and/or police departments are dragging their heels, the enforcement power will be shifted to the state (or to the rabid prosecutors in other counties) so fast it will make you dizzy.

That’s only as long as the Republicans have the power to do that, of course. Governor Beto O’Rourke would be able to veto bills that tried to make that happen, while Attorney General Rochelle Garza would not act as the backup prosecutor if it came to that. We at least have the power to make those things happen. You’re mad now, as you should be. This is where to channel that. It’s our best hope.

Runoff results: Around the state

After the primary, I rounded up the Democratic runoffs we’d have in May. I’m going to use that post to round up the results from last night, as best as I can tell as of when I gave up the ghost and went to bed. I started filling this in around 10 PM.

Statewide Dem

Lite Guv – Mike Collier vs Michelle Beckley.
AG – Rochelle Garza vs Joe Jaworski.
Comptroller – Janet Dudding vs Angel Vega.
Land Commissioner – Sandragrace Martinez vs Jay Kleberg.

Garza and Dudding were both up 61-39 as of 9:30 PM, with Garza being declared the winner. Collier (54.8 – 45.2) and Kleberg (52.2 – 47.8) were leading but it was too soon to say with them. Kleberg was up 62-38 in Harris County, and Collier was up 60-40, so that bodes well for them.

Congressional Dem

CD01 – JJ Jefferson vs Victor Dunn.
CD15 – Ruben Ramirez vs Michelle Vallejo.
CD21 – Claudia Zapata vs Ricardo Villarreal.
CD24 – Jan McDowell vs Derrik Gay.
CD28 – Rep. Henry Cuellar vs Jessica Cisneros.
CD30 – Jasmine Crockett vs Jane Hope Hamilton.

Jefferson (75%), Zapata (62%), and Crockett (75%) all had huge leads and were on their way to victory. Henry Cuellar (52.75 – 47.25) had a smaller lead but looked to be in pretty good shape. The other two races were ridiculously close – Ramirez was up by 78 votes, McDowell up by 20 votes. You’ll want to check them again today, and don’t be surprised if they wind up in recount territory.

SBOE Dem

SBOE1 – Melissa Ortega vs Laura Marquez.
SBOE2 – Victor Perez vs Pete Garcia.

Ortega (58%) and Perez (56%) looked to be in good shape.

State Senate Dem

SD27 – Morgan LaMantia vs Sara Stapleton-Barrera. LaMantia was at 57% and appeared to be in good shape.

State House Dems

HD22 – Joseph Trahan vs Christian Hayes.
HD37 – Ruben Cortez vs Luis Villarreal
HD70 – Cassandra Hernandez vs Mihaela Plesa.
HD76 – Suleman Lalani vs Vanesia Johnson.
HD100 – Sandra Crenshaw vs Venton Jones.
HD114 – Alexandra Guio vs John Bryant.

Lalani (64%), Jones (70%), and Bryant (62%) looked to be headed to victory. Lalani would be the first Muslim to serve in the Lege. Jones is openly gay and HIV positive and was the subject of a bizarre homophobic rant by his opponent, so his win is especially sweet. Bryant, who is 75 and served in Congress 30 years ago, wins one for the old white guys.

As of 10 PM, the other races were too close to call, with Hayes (50.86%), Villarreal (52.44%), and Plesa (52.91%) holding the advantage.

Republicans

Ken Paxton easily beat George P. Bush, which launched multiple (likely written in advance) eulogies to the “Bush dynasty” in Texas. Good riddance, if P is what that had fallen to. Dawn Buckingham (Land Commissioner) and Wayne Christian (RR Commissioner) were also cruising to victory.

UPDATE: All of the Dem statewide candidates that were leading when I signed off won. Michelle Vallejo (50.1%) edged ahead in CD15, while Jan McDowell (51.15%) increased her lead. It got super tight towards the end, but yes, Henry Cuellar (50.2%) once again came out ahead. All of the state office candidates that were leading last night were still ahead this morning.

On the importance of the Democratic AG runoff

We have two good choices in this race. Whoever wins, we need to fully support them in November.

Rochelle Garza

Rochelle Garza locked hands with her mother and marched through Dallas at a reproductive rights rally this month to let voters know she could lead the fight for abortion care.

“Our mothers fought before and won. Now, it’s our turn to continue the fight and win for OUR daughters and everyone’s access to abortion care,” Garza wrote to her base on Twitter after the rally.

Reproductive care has always been central to Garza’s campaign as she vies to be the Democratic nominee for the Texas attorney general race in November. But with the recent leak of a U.S. Supreme Court draft opinion suggesting that the constitutional protection on abortion established in Roe v. Wade might soon come to an end, both Garza and Joe Jaworski, her opponent for the Democratic nomination in a May 24 primary runoff, are pitching themselves as the last line of defense for access to reproductive care in Texas.

“Really the last stand for reproductive rights are the attorney general of each state,” Garza told The Texas Tribune in an interview. “So now more than ever, having an attorney general in the state of Texas is going to be critical to protecting reproductive rights.”

Garza is a former American Civil Liberties Union lawyer from Brownsville. Jaworski is the former mayor of Galveston. Early voting began Monday and ends Friday.

The winner will face the victor of the Republican primary runoff in the general election — either Ken Paxton, the incumbent attorney general, or Texas Land Commissioner George P. Bush. Paxton is the frontrunner in that race, clinching twice as many votes as Bush in the primaries and the support of former President Donald Trump.

[…]

Joe Jaworski

Although they have never faced off in the ballot, Garza and Paxton have been on opposite sides of an abortion case. Garza made a name for herself in 2017 when she sued the Trump administration, seeking access to an abortion for an undocumented teenager held in detention. After a federal appeals court ruled in Garza’s favor, Paxton filed a brief in response, arguing that immigrants have no constitutional right to abortion. Garza also testified in 2018 against the Supreme Court nomination of Brett Kavanaugh, who ruled against the case as an appellate court judge.

The teen was able to obtain an abortion while the case was being litigated. The case was later dismissed after the federal government adopted a new policy under which it would not interfere with immigrant minors’ access to abortion.

“Having this nuanced understanding of what it takes to build a case like that and to fight for someone who the government believes is not powerful — that’s what I bring to this race and bring to this position,” Garza said.

Garza was nine weeks pregnant when the state’s controversial ban on abortions after about six weeks into a pregnancy went into effect in September. She was worried at the time about her limited reproductive health care options.

Garza, who balanced her newborn daughter in her arms as she spoke to the Tribune, is now arguing she’s the right choice to defend reproductive rights in the state.

She also stands a clear favorite among national and state abortion rights advocacy groups, garnering endorsements from EMILY’s List, NARAL Pro-Choice America, Planned Parenthood Texas Votes and Avow.

Both Jaworski and Garza have stated they would defend reproductive rights as Texas’ next attorney general, who can play a major role in the fight over abortion law in courts. The state’s top lawyer also determines how an abortion ban can be regulated and enforced.

But Jaworski has presented himself as the most experienced candidate. While Garza’s run for attorney general will be her first political race, Jaworski is an established local politician. He served three terms on the Galveston City Council and one term as mayor.

And while Garza’s reproductive rights bona fides stand on her well-known 2017 case, Jaworski points to his experience as a trial attorney for over 31 years. Jaworski has said he would use federal and state court channels to initiate litigation to preserve reproductive rights under both the U.S. and the Texas constitutions.

We can’t go wrong with either of these two, so make your best choice and then support the winner. I will let Paxton’s own runoff opponent remind you of what’s at stake here:

Who am I to disagree with that assessment? Someone be sure to grab a screenshot of that tweet for future reference.

Hispanic Policy Foundation: Abbott 50, Beto 42

More poll data.

In the November 2022 gubernatorial election, Greg Abbott leads Beto O’Rourke by 8% (50% to 42%) among likely voters and by 12% (53% to 41%) among the most likely (almost certain) voters. Among both groups, Libertarian Mark Tippetts registers 2% and the Green Party’s Delilah Barrios 1%, with 5% and 3% undecided.

Abbott enjoys a two to one advantage over O’Rourke among white voters (65% to 29%) and O’Rourke an 88% to 11% advantage among Black voters. Support is more
equal among Hispanic voters, 53% intend to vote for O’Rourke and 39% for Abbott.

Abbott bests O’Rourke among men by a substantial 61% to 34% margin, while O’Rourke narrowly edges out Abbott among women by a 47% to 45% margin.

Abbott (96%) and O’Rourke (93%) are the preferred candidates among their fellow Republicans and Democrats, while 4% of Democrats intend to vote for Abbott and
1% of Republicans for O’Rourke. Independents favor Abbott 51% to 19%.

[…]

In the November lieutenant governor election, Dan Patrick leads [Mike] Collier by 6% (49% to 43%) and [Michelle] Beckley by 8% (50% to 42%) among likely voters and leads Collier by 10% (52% to 42%) and Beckley by 13% (53% to 40%) among the most likely voters.

[…]

In the November attorney general election, [Ken] Paxton leads [Rochelle] Garza and [Joe] Jaworski by 6% (48% to 42%) and 7% (48% to 41%) respectively among likely voters and by 10% (50% to 40%) and 12% (51% to 39%) among the most likely voters.

In the November attorney general election, [George P.] Bush is in statistical dead heat with both Garza and Jaworski both among likely voters (39% to 39% against Garza and 38% to 39% against Jaworski) and among the most likely voters (39% to 38% against Garza and 38% to 38% against Jaworski).

In a general election against Garza and Jaworski, Paxton’s vote intention among Texans whose partisan ID is Republican is 91% and 92%. In a general election against these same two Democrats, Bush’s GOP vote intention is 68% in both cases. The vote intention for Libertarian candidate Mark Ash is 3% when Paxton is the GOP attorney general candidate, but rises to 7% and 8% when Bush is the nominee.

In a November generic U.S. House ballot, the Republican candidate leads the Democratic candidate by a 7% margin (49% to 42%) among likely voters and by a 12% margin (52% to 40%) among the most likely voters.

In November, the HPF had Abbott up over Beto by a 44-43 margin. I’d account for the increase in Abbott’s support as one part being past the primaries – as we’ve seen before, sometimes supporters of a primary opponent will be a “don’t know/no answer” response in a poll, which gets converted later to supporting the party’s nominee – and one part the general enthusiasm gap that exists now. Beto’s level of support was largely the same, so at least we have that going for us. The other races are similar, which is a little odd as there’s usually a larger “don’t know/no answer” contingent in them. Not sure if that’s a result of the HPF’s likely voter screen or just an unusual level of engagement among the respondents. Oh, and I consider that “Most Likely Voters” bit to be meaningless.

The poll also suggests that Mike Collier, Rochelle Garza, and Ken Paxton are all well-positioned to win their runoffs. Primary polling, especially primary runoff polling, is a dicey proposition, but they’re projecting the March leaders in each case, so it’s not a crazy idea. This poll result is obviously less favorable than the recent Lyceum poll result, which has been prominently touted in multiple fundraising emails lately, but that’s why we don’t put too much emphasis on any one poll. You have to track them all as best you can, and to that end let me cite the Reform Austin poll tracker, which showed me a couple of results I hadn’t seen before. Feels like we’re entering another polling cycle, so let’s see what we get.

Not just Beto for marijuana legalization

The two Democrats in the runoff for Attorney General are also on board.

As the May 24 runoff approaches, both Democrats in the runoff for Texas Attorney General have doubled down on their promises to legalize cannabis in the state.

Rochelle Garza and Joe Jaworski made it clear in the runup to the primary that they’re in favor of legalization, and in the past few days both have taken to Twitter make sure voters know where they stand.

Garza, a Brownsville lawyer and former staff attorney for the ACLU of Texas, finished first in the primary, but didn’t secure the majority needed to avoid a runoff with Jaworski, a former Galveston mayor and grandson of Watergate special prosecutor Leon Jaworski.

“It’s time to legalize the sale and use of recreational cannabis in Texas,” Garza tweeted Saturday. “Nearly 70% of Texans support legalization, and they deserve an Attorney General who will work with them to advance our priorities.”

On Tuesday, Jaworksi tweeted that legalizing cannabis is an important element of criminal justice reform, throwing in the hashtag #legalizecannabis to leave no doubt where he stands.

“How many young lives, principally lives of color, are we going to put in private prisons so ppl can make a profit from their incarceration?” he asked. “We can’t have that — that is a sick society.”

See here for some background. The AG doesn’t play a direct role in the legislation process, so while their positions are appreciated they’re not necessarily needed. That said, Ken Paxton is another big opponent of marijuana – you know, because he’s such an upstanding and law-abiding citizen himself – and even in the absence of legalization I’m sure there are things that the state’s top law enforcement officer could do from an executive policy position to improve things. There’s only one way to find out, and while pot legalization has got to be pretty far down on the list of good reasons to vote Paxton’s sorry ass out of office, it is on there, and we should be sure to point it out.

It’s officially Garza and Jaworski in the AG runoff

Glad that’s settled.

Rochelle Garza

Civil rights lawyer Lee Merritt suspended his campaign for the Democratic nomination for Texas attorney general on Thursday, clearing the way for top vote-getter Rochelle Garza to face Joe Jaworski in a May runoff election.

More than a week after election day, Merritt, who was less than 4,000 votes behind Jaworski for second place, conceded that he had failed to garner enough votes to make the runoff and endorsed Garza.

“She has demonstrated that she can run a campaign that can energize our base, that reflects the diversity of our party,” Merritt said in a press conference in Houston. “She and I had a conversation yesterday about my plans to join her on the campaign trail to encourage young progressive voters to get engaged in the process.”

Merritt said he was still within a “razor thin margin” of Jaworski but wanted to help consolidate support for Garza so she could focus on winning the general election in November.

“When I got into the race, Rochelle Garza wasn’t in it,” he said. “She represents a young, progressive, forward-thinking advocate that I wouldn’t have joined the race if I thought she was in it. So even if we were to come out ahead, I would encourage the parties to get behind Rochelle Garza and focus on actually flipping that office.”

[…]

In a statement on Thursday, Jaworski said he enjoyed a cordial relationship with Merritt on the campaign trail and wished him well in his law practice.

“I’m looking forward to a robust runoff campaign with Ms. Garza, so that Texas voters can choose the best candidate to defeat Ken Paxton in November,” he said.

In a statement after Merritt’s concession, Garza touted the endorsements from two of her primary opponents — last week, fourth-place finisher Mike Fields also asked his fellow candidates to forgo a runoff and allow Garza to focus on the general election — and made a pitch to Merritt’s supporters.

“To Mr. Merritt’s supporters, I am committed to continuing to fight for our civil rights and to earn your support in this runoff election,” she said. “People of color are the majority of the population of our state, and I look forward to working together with Mr. Merritt to ensure we have representation at the state level and do the hard work of turning out the vote in Texas.”

See here for the background. Both Garza and Jaworski are terrific candidates and either would deserve to be elected in a landslide this fall. As I said before, the advantage to their being a runoff instead of a concession from Jaworski is that this race and these candidates will continue to be in the news, rather than it being all Paxton-Bush. Jaworski has been an okay fundraiser so far, now it’s Garza’s turn to show she can do that, too. Vote for who you like in May, and then support the hell out of the winner.

The story of course notes the absentee ballot tabulation screwup in Harris County and the fact that it left this race in a bit of limbo. The gap between Jaworski and Merritt was indeed thin, but Jaworski’s drew far more support than Merritt in the initial count of absentee ballots in Harris County, and anyone could have surmised that the odds greatly favored him maintaining his overall lead as the other ballots were added into the count. And yet

Prior to the revelation about the missing ballots, Jaworski and civil rights attorney Lee Merritt had been separated by about 1,400 votes. But with the new Harris County totals, Jaworski picked up about 2,600 votes, and Merritt gained just under 1,000 — not enough to close the gap.

Yes, well it would be difficult for Merritt to close the gap when Jaworski was increasing his lead due to getting way more votes from these ballots. I know math is hard, but it’s pretty simple to just say “the gap grew larger” or “Merritt fell further behind” or some other thing that expressed this basic fact. Good grief.

The Dem runoff for AG is not fully settled

First place in the Democratic primary for Attorney General went to Rochelle Garza. Second place is still somewhat of a question.

Rochelle Garza

Two days after election day in the March primary, the Democratic race for attorney general is still not settled.

By Tuesday night, it was clear that Rochelle Garza, a former American Civil Liberties Union lawyer from Brownsville, was the clear front-runner in the race, but she did not garner enough support to avoid a May runoff. Joe Jaworski, an attorney and former Galveston mayor, was in a tight battle with civil rights lawyer Lee Merritt for second place, with Jaworski in the lead but only a few thousand votes separating the two.

Early Wednesday morning, Garza celebrated her showing, thanking voters for their support. She did not mention the runoff and instead turned her sights to Republican incumbent Attorney General Ken Paxton, who is headed into his own runoff against Land Commissioner George P. Bush.

“I got in this race to fight for Texas families, protect voting & reproductive rights and hold corporations and bad actors to account when they take advantage of Texans,” Garza said in a statement. “Indicted Ken Paxton is the most corrupt Attorney General in the country and our campaign is ready to defeat him this November.”

Merritt said Wednesday afternoon that the “race is not over” and was waiting for all the votes to be counted. He said the delayed results showed “flaws in our election system” that led to mistrust, confusion and people being discouraged from voting.

“Our campaign is eagerly watching and waiting along with the rest of the state and the country to see the results of this election,” he said in a statement.

By Thursday, the secretary of state’s website said all polling locations in the state had reported. But some mail-in ballots and provisional ballots can still be tabulated. Jaworski still held a slim lead over Merritt.

On Thursday, Jaworski tweeted cheerily that he was still in second place and was “exhibiting Olympian patience” in waiting for final results.

“Let’s get another cup of coffee while we wait,” he said. “Onward!”

Meanwhile, Mike Fields, who placed a distant fourth, congratulated Garza and said she was “the preferred choice of the majority of Democratic primary voters,” garnering more than twice the votes of her nearest competitor. He then asked Jaworski and Merritt to forgo a runoff and allow Garza to focus her attention on winning the general election in November.

First, Garza received 432,212 votes out of just over one million cast. Jaworski is second with 196,463, while Merritt has 195,045. That’s a difference of 1,418 votes, and 0.14 percentage points. It’s a small margin, but I think it’s highly unlikely that any combination of provisional ballots, overseas ballots, and mail ballots that can still be corrected for incorrect voter ID information could put Merritt ahead. There may not be enough votes left in play for it to be mathematically possible, and even if there is he’d have to win such an overwhelming number of them that it’s virtually impossible. This is why so few elections are truly in doubt once the Election Day votes are counted. There just isn’t enough slack for the difference to be made up.

As for Fields’ suggestion that Jaworski and Merritt drop out so Garza can begin her general election campaign, there is an argument for that. She needs to raise a bunch of money, and it would be better to have most of it for November. Of course, money spent on organizing and voter outreach now, for the runoff, is still a good investment. One could also argue that she’ll get more attention over the next two months as the frontrunner in the runoff than she would as the nominee, especially with Paxton himself in a runoff. I’m agnostic on the question, but it doesn’t really matter since neither Jaworski nor Merritt seems inclined to take that advice.

But as noted, one can make a reasonable case for Garza’s path to be cleared. This is much more of a stretch.

State Rep. Michelle Beckley forced a runoff in the Democratic race for lieutenant governor — and now she’s calling on her opponent, Houston accountant Mike Collier, to end his campaign.

“He doesn’t inspire the base,” Beckley, of Carrollton, said in an interview Thursday. “He should drop out.”

Collier was the 2018 Democratic nominee for the post and came within 5 points of unseating Republican Lt. Gov. Dan Patrick that year. He earned about 42 percent of the vote in Tuesday night’s election, followed by Beckley at 30 percent.

A third candidate, Houston educator Carla Brailey, came in just behind at 28 percent, according to unofficial results. Patrick, who is seeking his third term in Texas’ No. 2 spot, sailed to victory in the Republican primary.

Collier says he has no intention of dropping out, and the two will face off in a May runoff election.

“Our campaign is building a diverse coalition around the issues that matter to Texans — protecting our individual rights, fully funding our public education system, fixing the damn grid, expanding Medicaid — and working together to defeat Dan Patrick,” Collier said.

[…]

Collier has two statewide elections under his belt: the lieutenant governor’s race four years ago and a bid for state comptroller before that. His campaign has a massive funding advantage, spending hundreds of thousands of dollars in the lead-up to the primary.

As of Feb. 22, his campaign had about $120,000 on hand to Beckley’s $9,000. Collier has raised nearly $2 million since announcing his run last year, though his campaign is bogged down by about $450,000 in outstanding loans — a holdover from the 2018 race that he’d given to himself.

For Collier, the lead-up to the May runoff will focus on digital campaigns and travel across the state, starting with a visit to North Texas on Monday. His campaign also announced a number of new endorsements on Thursday, including three members of Congress — Reps. Veronica Escobar, Lizzie Fletcher and Lloyd Doggett — and a slate of Houston-area politicians who had previously endorsed Brailey.

Seems a bit presumptuous to me. Collier is reasonably well known among Dems, he did quite respectably well in 2018, he’s done decently in fundraising, and well, he got the most votes this past Tuesday. Maybe he’s not “inspiring”, whatever that may mean, but if so I’d say it’s on Beckley to demonstrate that she’s more so than he is. That’s what the runoff is for.

A roundup of runoffs

I was going to just do a basic recap of all the primary races that will require runoffs, and then this happened, and I had to do some redesign.

Rep. Van Taylor

U.S. Rep. Van Taylor, R-Plano, has decided to end his reelection campaign after he was forced into a primary runoff amid 11th-hour allegations of infidelity.

Taylor made the stunning announcement Wednesday, hours after he finished his five-way primary with 49% of the vote, just missing the cutoff for winning the primary outright. The runner-up was former Collin County Judge Keith Self, who is now likely to become the next congressman for the 3rd District.

“About a year ago, I made a horrible mistake that has caused deep hurt and pain among those I love most in this world,” Taylor wrote in an email to supporters. “I had an affair, it was wrong, and it was the greatest failure of my life. I want to apologize for the pain I have caused with my indiscretion, most of all to my wife Anne and our three daughters.”

The day before the primary, the conservative outlet Breitbart News posted a story that Taylor had had a monthslong affair with a Plano woman, Tania Joya, who he had paid $5,000 to keep quiet. The publication reported that she provided it a phone screen shot purporting to be communications with Taylor and a bank record showing that she deposited $5,000 into her account. The Texas Tribune has not been able to independently verify the report.

[…]

Taylor has until March 16 to remove his name from the runoff ballot, which he plans to do, according to a spokesperson. After he does that, Self is automatically the Republican nominee for the district. There is a Democratic nominee for the seat, Sandeep Srivastava, but they face long odds after the district was redrawn last year to favor Republicans.

Holy shit. There’s a link to that article in the Trib story, which I refuse to include. It’s one of the less important aspects of this story, but the timing is curious. Why not publish this earlier, if that’s what you’re going to do, and not take the chance that he could win without a runoff? It gets a whole lot more complicated for the Republicans if he withdraws after winning the primary, and he came quite close to doing just that. I don’t understand any of this.

Anyway, this is where I was originally going to start this post. Here’s a list of the races that have gone into overtime. You can also read the Decision Desk wrapup for some more details.

Statewide Dem

Lite Guv – Mike Collier vs Michelle Beckley.

AG – Rochelle Garza vs Joe Jaworski. As of Wednesday afternoon Jaworski had less than a 2K vote lead over Lee Merritt. When I first looked at this, it was a 3K lead, with all of the remaining ballots in Harris County, where Jaworski started the day with a 6K vote lead over Merritt. That had shrunk to a bit less than 5K votes by the afternoon, which almost made my logic that Jaworski would easily hold his lead look idiotic, but the gap appears to have been too large for Merritt to overcome. But who knows, there may be a bunch of late-fixed mail ballots out there, so let’s put a pin in this one.

Comptroller – Janet Dudding vs Angel Vega.

Land Commissioner – Sandragrace Martinez vs Jay Kleberg.

Congressional Dem

CD01 – JJ Jefferson vs Victor Dunn.

CD15 – Ruben Ramirez vs Michelle Vallejo, who has a 300-vote lead over John Rigney.

CD21 – Claudia Zapata vs Ricardo Villarreal.

CD24 – Jan McDowell vs Derrik Gay, who rebounded after my initial bout of pessimism to finish in second place.

CD28 – Rep. Henry Cuellar vs Jessica Cisneros. Cisneros had a big early lead that was mostly a function of the order in which the counties reported their results. Cisneros crushed it in Bexar County, then watched as Starr, Webb, and Zapata erased her lead. In the end, if what I’m seeing is the actual final tally, it was Cuellar who missed winning outright by nine (!) votes. This one could change to a Cuellar win as the overseas and provisional votes are tallied, and then of course there may be a recount. Hold onto your hats.

CD30 – Jasmine Crockett vs Jane Hope Hamilton.

CD38 – Diana Martinez Alexander vs. Duncan Klussman. This is the only Congressional runoff in Harris County for Dems.

SBOE Dem

SBOE1 – Melissa Ortega vs Laura Marquez. The third-place finisher had big charter school backing, so this race can go back to being one you don’t need to know about.

SBOE2 – Victor Perez vs Pete Garcia.

SBOE4 – Coretta Mallet-Fontenot vs Staci Childs. This is in Harris County, it’s the seat Lawrence Allen vacated in his unsuccessful run for HD26. I’ll put this one on my to do list for runoff interviews.

SBOE11 – Luis Sifuentes vs James Whitfield. Double-timer DC Caldwell finished third, while also losing in the Republican primary for this same seat to incumbent Pat Hardy. Let us never speak of this again.

State Senate Dem

SD27 – Morgan LaMantia vs Sara Stapleton-Barrera.

State House Dems

HD22 – Joseph Trahan vs Christian Hayes.

HD37 – Ruben Cortez vs Luis Villarreal

HD70 – Cassandra Hernandez vs Mihaela Plesa. This one was an almost even split among three candidates, with third place finisher Lorenzo Sanchez 29 votes behind Plesa and 102 votes behind Hernandez. Another overseas/provisional vote count to watch and another recount possibility.

HD76 – Suleman Lalani vs Vanesia Johnson. This is the new Dem-likely seat in Fort Bend.

HD100 – Sandra Crenshaw vs Venton Jones.

HD114 – Alexandra Guio vs John Bryant. Bryant was a Dem Congressman in the 90’s, in the old CD05. After winning a squeaker against Pete Sessions in 1994, Bryant tried his luck in the primary for Senate in 1996, eventually losing in a runoff to Victor Morales. Bryant just turned 75 (why anyone would want to get back into the Lege at that age boggles my mind, but maybe that’s just me), while Guio is quite a bit younger. Should be an interesting matchup. This was a five-way race with everyone getting between 17 and 25 percent, so endorsements from the ousted candidates may make a difference.

HD147 – Jolanda Jones vs Danielle Bess.

Harris County Dems

185th Criminal District Court – Andrea Beall vs Judge Jason Luong.

208th Criminal District Court – Beverly Armstrong vs Kim McTorry. Judge Greg Glass finished third.

312th Family District Court – Teresa Waldrop vs Judge Chip Wells.

County Civil Court at Law #4 – Manpreet Monica Singh vs Treasea Treviño. David Patronella was in second place after early voting, but fell behind as the Tuesday votes came in.

Commissioners Court, Precinct 4 – Lesley Briones vs Ben Chou.

Justice of the Peace, Precinct 1, Place 2 – Sonia Lopez vs Steve Duble.

Republicans

Not really interested in a complete rundown, but it’s Paxton versus P Bush for AG, Dawn Buckingham versus Tim Westley for Land Commissioner, and Wayne Christian versus Sarah Stogner for Railroad Commissioner. At least that last one will be interesting.

As noted yesterday, it will be Alexandra Mealer versus Vidal Martinez for the nomination for County Judge. I have no feelings about this.

I will put some other primary news and notes in a separate post. Let me know if I missed a race.

2022 primary results: Statewide

That didn’t take long:

Literally one minute after polls would have closed in El Paso. You can’t report any earlier than that. With the first very early batch of results posted on the SOS website, Beto was at 92.82% of the vote, so even though maybe ten percent of the votes had been counted, this seems like a pretty safe call.

Greg Abbott was cruising as well, with just under 70% in very early returns. The Trib says his race was called at the same time; I didn’t see anything on Twitter, but you know how that can go. At least one of his opponents was preparing to concede right out of the gate. Both Huffines and West were in the 10-12% range early on, which makes their attention-to-performance ratio pretty much a “division by zero” error.

Susan Hays was headed for a decisive win for Ag Commissioner on the Dem side, starting out with about 85% of the vote. All of the other Dem statewides look like they’re headed for runoffs. Mike Collier, Rochelle Garza, and Janet Dudding were the clear early leaders for Lite Guv, AG, and Comptroller. The Land Commissioner race was more jumbled, with Sandragrace Martinez and Jay Kleberg the initial frontrunners.

On the Republican side, Dan Patrick and Glenn Hegar easily turned away nominal opposition, while the crook Sid Miller was close to 60% against more substantial opposition. Ken Paxton and Wayne Christian were leading for AG and Railroad Commissioner, but both were in the low-to-mid 40s early on. Dawn Buckingham was at about 45% with three opponents who might be the one to face her in a runoff in the 12-15 percent range. Two Supreme Court incumbents, Evan Young (appointed to replace Eva Guzman) and Scott Walker, were in the mid-to-upper 50s against single opponents.

I found the Trib‘s results page to be faster than the SOS, and it had both Dems and GOP on one page. The only other matter of interest here for now is total turnout. I’m not going to get a handle on that before I go to bed, so let’s put that in the to-be-followed-up file.

A handful of stories about statewide primaries

Let’s talk about Sarah.

Sarah Stogner

One November evening in far West Texas, Sarah Stogner decided to strip down to pasties and her underwear, plus boots and a cowboy hat, and climb onto an oil pumpjack while a small film crew watched.

The crew, in town to film a documentary about an unplugged oil well spewing contaminated fluids, was sharing beers with Stogner when one of the videographers said they always wanted to do an artistic photo shoot on a pumpjack, Stogner recalled.

“And I thought, oh my God, yes, what if I got naked or almost naked on top of it?” Stogner said. “This will be hilarious. Just for our own fun. I didn’t have any grand schemes with it. But fuck it, this will be fun.”

In February, the video turned into a now-viral campaign ad for the 37-year-old oil and gas attorney from Monahans, who is running for a seat on the Railroad Commission of Texas, the regulatory agency in charge of the state’s massive oil and gas sector. Stogner released the five-second video on Super Bowl Sunday in a tweet with the caption: “They said I needed money. I have other assets.”

“I need to get people’s attention, right?” Stogner said in an interview, adding that she didn’t want to do that in a “pornographic” way.

“And here we are, it’s working,” she said, listing various news stories about her campaign since the video went public.

Stogner’s seminude stunt is only the latest twist in what has become the strangest Republican primary campaign for Railroad Commission in decades. The incumbent, Railroad Commission Chair Wayne Christian, is facing corruption allegations after he voted — against the recommendation of Railroad Commission staff — to approve a permit for an oil field waste dump facility, then days later accepted a $100,000 campaign donation from the company that received the permit.

Another candidate, Marvin “Sarge” Summers, died earlier this month on the campaign trail after crashing into a tanker truck in Midland.

Despite the agency’s power over Texas’ largest industry — including the natural gas system, a crucial element of the Texas power grid that failed last year during a powerful winter storm, leaving millions of people without power for days — elections for the three-member board that oversees it typically don’t generate much attention from voters.

“They might know about it now because of Sarah Stogner,” said Tom Slocum Jr., a 38-year-old engineering consultant from the Houston area who is one of the four surviving candidates in the Republican primary.

The Chron was all over Stogner’s attention-grabbing ad last week, which one must admit achieved its purpose. Stogner makes some good points, which is not something I’m accustomed to saying about Republican politicians in their primaries these days. It’s easy enough to look good in comparison to the extreme sleaze of incumbent Wayne Christian, but that doesn’t necessarily translate into coherent policymaking or campaigning; one of her opponents is running on “building the border wall and protecting gun ownership”, two things that the Railroad Commission does not do. That said, Stogner also voted for Allen West and Louie Gohmert, so don’t go holding her up as some kind of exemplar. Democrat Luke Warford, who is unopposed and therefore not mentioned in that Trib story, is still by far your best bet.

For Land Commissioner, you have some good choices, and then you have the Republicans.

Most Republicans seeking the GOP nomination list the Alamo project as a top priority, though one also wants to use the office to decrease immigration at the Texas-Mexico border. The top focuses of Democrats running include prioritizing public school funding, limiting how the agency contributes to climate change and improving natural disaster responses.

[…]

The Democratic nominating contest is also wide open. Sandragrace Martinez, a licensed professional mental health counselor from San Antonio, led her opponents in the Hobby School of Public Affairs poll, with 17% of primary voters saying they would support her.

She did not respond to a request for comment.

Other Democrats in the race are focusing on public education funding and how the agency can mitigate climate change.

The land commissioner also heads the School Land Board, which manages a portfolio that financially supports public schools. In 2018, the School Land Board declined to pass money to the State Board of Education and instead opted to give $600 million directly to schools.

Democratic candidate Jay Kleberg of Austin, director of the nonpartisan civic engagement group Texas Lyceum, disagrees with the School Land Board’s decision. And he wants to remove a cap on how much money the School Land Board can give the SBOE.

The General Land Office is authorized to undertake land leases to develop solar, wind or other renewable energy. Kleberg, the former associate director of the Texas Parks and Wildlife Foundation, also wants to capture and store carbon emissions beneath acres of state lands. He said doing this will reduce the state’s carbon footprint.

“We can start to reverse again that No.1 ranking as a [carbon dioxide] emitter in the nation by burying that in the ground, by operating more responsibly on General Land Office lands and by diversifying our portfolio into lower emission, cleaner energy production,” Kleberg said.

Candidate Jinny Suh of Austin, founder of Immunize Texas, a statewide pro-vaccine advocacy group, similarly wants to adopt renewable energy sources and maximize protocols for oil and gas companies the General Land Office leases with.

“Things like capping their methane emissions, things like making sure that they take care of cleaning up whatever water that they use in their processes, so that they don’t damage the environment. These are all things that will help reduce our carbon footprint and also help prepare us for the future,” Suh said.

Michael Lange, an investment and operational risk director from Houston, said his background in corporate America will allow him to support students and teachers who need more assistance. Lange acknowledges climate change as a factor for natural disasters happening in Texas. The General Land Office has the authority to administer funds in the event of natural disasters like hurricanes. Lange said the office should also help with relief long after an event, since disasters can displace people for months.

“If you had after the event disaster plan that didn’t last just for six weeks, but it lasted until it was done and included things like working in partnerships along the coast, like to use an area women’s center and say, ‘Look, we have to have these facilities available to help people,’ so the planning is not just the preparatory for the hurricane, but after it finishes, that’s the responsibility of the Texas land commissioner,” Lange said.

You can still listen to my interviews with Jinny Suh and Jay Kleberg. The Meyerland Area Dems had a statewide candidate forum on Monday night, the video for which is here – scroll to the 47:00 mark to see the Land Commissioner part of it, which included Suh, Kleberg, and Lange. Martinez has been the least visible candidate so far, and I fear she’ll make it into the runoff anyway. These things happen in lower-profile races.

The Trib doesn’t have a recent story about the Ag Commissioner race, but the Chron does.

The three Republicans running for Texas agriculture commissioner sat next to each other behind a wooden table, all wearing white cowboy hats, none of them speaking.

In the middle, state Rep. James White stared straight ahead at the crowd that had gathered for the candidate forum at Sirloin Stockade, hosted by the Williamson County Republican Women. His arms were crossed.

For weeks, White has attacked Agriculture Commissioner Sid Miller for his history of run-ins with the Texas Ethics Commission and the Texas Rangers, saying it is evidence of a lack of personal integrity and a culture of misconduct within his office. White also has attacked Miller’s political record, describing him as a “fake conservative” and accusing him of jacking up fees on farmers to fund his pet projects at the department.

The other challenger, rancher and economics professor Carey Counsil of Brenham, has blasted Miller as “just not an ethical person.” Counsil launched his candidacy after Miller’s top political adviser was arrested on theft and bribery charges last year.

“I told you it was going to get sporty,” one spectator near the back whispered as Counsil attacked Miller as dishonest.

Sid Miller could give Ken Paxton a run for his blood money in the “sleaziest person currently in Texas politics” race. Not that any of his primary opponents are good, mind you, they just have less baggage. If you go back to that Meyerland Dems candidate forum video and either scroll to the 56-minute mark, or just keep watching after the Land Commissioner candidates finish up, you can hear from Susan Hays and Ed Ireson, both of whom would be an infinite improvement.

Did I just mention Ken Paxton? Sigh…

Attorney General Ken Paxton and his three Republican primary challengers are firing in all directions in the final days before the closely watched election.

Paxton is airing TV ads attacking U.S. Rep. Louie Gohmert of Tyler over his attendance record in Congress, while Gohmert is countering with his own commercial accusing Paxton of desperation. Meanwhile, Land Commissioner George P. Bush is running TV ads targeting Eva Guzman, the former state Supreme Court justice, who says Bush’s claims are “ludicrous.”

It is all making for a hectic end to the hotly contested primary, which recent polls suggest could go to a runoff. The polls have been less clear, though, on who Paxton could face in an overtime round. The election is March 1.

Blah blah blah…look, there are three truly terrible candidates in that race, plus one candidate who would be a more polished and presentable version of terrible. Don’t be fooled.

Finally, there’s this story about Lee Merritt, one of the Dem candidates for AG.

Lee Merritt, a civil rights attorney who has made a name for himself nationally by representing the families of police brutality victims, is taking heat ahead of his race to be Texas’ top lawyer because he’s not licensed to practice in the state.

He has represented the families of Botham Jean, a 26-year-old man who was shot and killed in his apartment by a Dallas police officer; George Floyd, a 46-year-old man who was killed by a Minneapolis police officer who knelt on his neck for nearly nine minutes; and Ahmaud Arbery, a 25-year-old man who was chased through a Georgia neighborhood by three white men and then shot to death.

In his bid for the Democratic nomination for attorney general, Merritt has lined up an impressive list of endorsements including Houston Mayor Sylvester Turner, U.S. Rep. Sheila Jackson Lee of Houston, Dallas state Sen. Royce West and U.S. Sen. Bernie Sanders.

But as Merritt’s star has risen, so have questions about his legal record in Texas.

The state constitution does not require the attorney general to be licensed to practice law. But that question isn’t the only shadow hanging over his practice. Merritt has also experienced notable blunders, like when he represented a woman in 2018 who falsely accused a Department of Public Safety trooper of sexually assaulting her. Merritt brought national attention to the incident, but police camera footage disproved it just days later, forcing him to apologize for the misstep.

During a Democratic primary debate hosted by the AFL-CIO labor union in January, candidate Joe Jaworski brought up Merritt’s lack of a Texas license and said his ability to practice law in the state was a “big difference” between the two candidates.

“I have a Texas law license and I’ve had it for 31 years,” said Jaworski, the former Galveston mayor, during the debate. “Lee, I have great respect for his civil rights practice — I think he is truly an awesome agent of social change — [but] that is a big difference between us. He needs to be able to show that he can go into Texas state court, like an attorney general should.”

Merritt, in an interview with The Texas Tribune, said he’s in the process of getting licensed. “I am working on it,” he said. “I’m doing that because it helps minimize confusion, but I don’t see it as a necessity of the office.”

Jaworski declined to comment for this story, as did Rochelle Garza, one of the other candidates in the race. The primary is March 1.

Mike Fields, another candidate in the race, said it could create a “weird situation” if the employees under the attorney general had met a requirement that the elected official had not, but he gave Merritt the benefit of the doubt.

“It shouldn’t impede his ability to do the job, but I understand the concern,” Fields said. “Based on what I’ve heard from him and looking at his history, certainly he’s up to the task, and I think he’s rectifying that situation. But that’s gonna be between him and the state bar.”

I don’t really have anything to add to that. Merritt is a highly accomplished attorney, I have no doubt he can easily be licensed, and I’m also sure his current status will be made an issue if he is the nominee. It is what it is. One more time, I will direct you to the Meyerland Dems candidate forum video, where at the 22-minute mark you can hear from Merritt, Jaworski, Garza, and Fields. You can also start from the beginning and hear from Mike Collier and Carla Brailey for Lite Guv, and in between the AGs and the Land Commishes there are Comptroller candidates Janet Dudding and Tim Mahoney. If you’re still figuring out who to vote for, that will help.