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Russ Ridgway

Precinct analysis: The judicial averages

Introduction
Congressional districts
State Rep districts
Commissioners Court/JP precincts
Comparing 2012 and 2016
Statewide judicial
Other jurisdictions
Appellate courts, Part 1
Appellate courts, Part 2

As you know, I use the average totals and percentages from local judicial races as my go-to metric for determining partisan indexes for each district. That’s because these are two-candidate races, and generally speaking people vote in them on the party label and not on detailed knowledge of the individual candidates. I’ve looked at this data in various ways over the years – in 2018, it was all about undervoting, as my contribution to the deeply annoying great straight-ticket voting debate. This year, I just want to provide as comprehensive a look as I can at what the partisan index of each district is, so without further ado here are the averages and minimum/maximum values for each district:


Dist    Avg R    Avg D  Avg R%  Avg D%
======================================
CD02  180,657  152,260  54.26%  45.74%
CD07  152,705  147,943  50.79%  49.21%
CD08   25,930   14,830  63.62%  36.38%
CD09   37,855  119,136  24.11%  75.89%
CD10  103,043   58,975  63.60%  36.40%
CD18   59,751  178,574  25.07%  74.93%
CD22   21,796   19,965  52.19%  47.81%
CD29   49,285  100,975  32.80%  67.20%
CD36   82,990   47,534  63.58%  36.42%
				
SBOE4 106,801  333,572  24.25%  75.75%
SBOE6 387,513  345,132  52.89%  47.11%
SBOE8 219,698  161,490  57.64%  42.36%
				
SD04   55,837   22,370  71.40%  28.60%
SD06   57,502  117,156  32.92%  67.08%
SD07  236,992  169,822  58.26%  41.74%
SD11   77,482   46,126  62.68%  37.32%
SD13   38,020  158,384  19.36%  80.64%
SD15  114,322  192,386  37.27%  62.73%
SD17  118,535  122,335  49.21%  50.79%
SD18   15,323   11,618  56.88%  43.12%
				
HD126  39,112   33,088  54.17%  45.83%
HD127  54,309   34,783  60.96%  39.04%
HD128  48,197   21,688  68.97%  31.03%
HD129  48,127   34,606  58.17%  41.83%
HD130  70,364   31,748  68.91%  31.09%
HD131  10,092   44,290  18.56%  81.44%
HD132  50,934   47,797  51.59%  48.41%
HD133  50,892   35,660  58.80%  41.20%
HD134  49,172   56,015  46.75%  53.25%
HD135  36,694   36,599  50.07%  49.93%
HD137  10,422   20,732  33.45%  66.55%
HD138  31,922   30,597  51.06%  48.94%
HD139  15,711   44,501  26.09%  73.91%
HD140   9,326   21,677  30.08%  69.92%
HD141   7,106   35,937  16.51%  83.49%
HD142  13,933   41,496  25.14%  74.86%
HD143  11,999   24,126  33.21%  66.79%
HD144  13,786   16,469  45.57%  54.43%
HD145  14,992   26,765  35.90%  64.10%
HD146  11,408   43,008  20.96%  79.04%
HD147  15,323   52,737  22.51%  77.49%
HD148  22,392   36,300  38.15%  61.85%
HD149  21,640   30,536  41.47%  58.53%
HD150  56,160   39,038  58.99%  41.01%
				
CC1    93,365  277,707  25.16%  74.84%
CC2   150,891  143,324  51.29%  48.71%
CC3   228,295  207,558  52.38%  47.62%
CC4   241,461  211,606  53.29%  46.71%
				
JP1    93,441  162,045  36.57%  63.43%
JP2    34,172   48,572  41.30%  58.70%
JP3    51,782   67,626  43.37%  56.63%
JP4   235,236  182,956  56.25%  43.75%
JP5   204,805  212,367  49.09%  50.91%
JP6     8,152   26,921  23.24%  76.76%
JP7    18,654   99,583  15.78%  84.22%
JP8    67,769   40,125  62.81%  37.19%


Dist    Max R    Min D  Max R%  Min D%
======================================
CD02  185,931  148,006  55.68%  44.32%
CD07  159,695  144,247  52.54%  47.46%
CD08   26,439   14,393  64.75%  35.25%
CD09   40,013  116,625  25.54%  74.46%
CD10  105,177   57,133  64.80%  35.20%
CD18   63,096  174,763  26.53%  73.47%
CD22   22,436   19,262  53.81%  46.19%
CD29   55,680   94,745  37.02%  62.98%
CD36   84,840   45,634  65.02%  34.98%
				
SBOE4 117,378  322,667  26.67%  73.33%
SBOE6 401,507  336,009  54.44%  45.56%
SBOE8 224,690  156,133  59.00%  41.00%
				
SD04   56,905   21,704  72.39%  27.61%
SD06   64,474  110,326  36.88%  63.12%
SD07  242,602  164,480  59.60%  40.40%
SD11   79,333   44,482  64.07%  35.93%
SD13   40,293  155,638  20.56%  79.44%
SD15  118,813  187,188  38.83%  61.17%
SD17  124,541  119,169  51.10%  48.90%
SD18   15,619   11,279  58.07%  41.93%
				
HD126  40,053   31,945  55.63%  44.37%
HD127  55,452   33,703  62.20%  37.80%
HD128  49,089   20,798  70.24%  29.76%
HD129  49,387   33,547  59.55%  40.45%
HD130  71,729   30,669  70.05%  29.95%
HD131  11,027   43,306  20.30%  79.70%
HD132  52,228   46,423  52.94%  47.06%
HD133  53,008   34,318  60.70%  39.30%
HD134  53,200   53,340  49.93%  50.07%
HD135  37,600   35,481  51.45%  48.55%
HD137  10,831   20,255  34.84%  65.16%
HD138  32,956   29,493  52.77%  47.23%
HD139  16,700   43,426  27.78%  72.22%
HD140  10,796   20,276  34.75%  65.25%
HD141   7,844   35,148  18.25%  81.75%
HD142  15,015   40,325  27.13%  72.87%
HD143  13,599   22,554  37.62%  62.38%
HD144  14,965   15,326  49.40%  50.60%
HD145  16,455   25,318  39.39%  60.61%
HD146  11,924   42,368  21.96%  78.04%
HD147  16,147   51,800  23.76%  76.24%
HD148  23,754   35,054  40.39%  59.61%
HD149  22,315   29,713  42.89%  57.11%
HD150  57,274   37,933  60.16%  39.84%
				
CC1    98,310  271,971  26.55%  73.45%
CC2   158,199  135,874  53.80%  46.20%
CC3   236,301  201,920  53.92%  46.08%
CC4   248,120  205,046  54.75%  45.25%
				
JP1    99,574  157,709  38.70%  61.30%
JP2    36,841   45,917  44.52%  55.48%
JP3    54,016   65,253  45.29%  54.71%
JP4   240,145  177,376  57.52%  42.48%
JP5   211,698  206,389  50.63%  49.37%
JP6     9,694   25,425  27.60%  72.40%
JP7    19,825   98,162  16.80%  83.20%
JP8    69,422   38,580  64.28%  35.72%


Dist    Min R    Max D  Min R%  Max D%
======================================
CD02  175,786  157,942  52.67%  47.33%
CD07  145,575  154,644  48.49%  51.51%
CD08   25,520   15,264  62.57%  37.43%
CD09   36,275  121,193  23.04%  76.96%
CD10  101,112   61,042  62.36%  37.64%
CD18   56,673  182,314  23.71%  76.29%
CD22   21,218   20,673  50.65%  49.35%
CD29   45,744  105,745  30.20%  69.80%
CD36   81,336   49,507  62.16%  37.84%
				
SBOE4 100,933  342,178  22.78%  77.22%
SBOE6 373,961  359,113  51.01%  48.99%
SBOE8 215,025  167,034  56.28%  43.72%
				
SD04   55,047   23,216  70.34%  29.66%
SD06   53,562  122,474  30.43%  69.57%
SD07  231,452  175,578  56.86%  43.14%
SD11   75,844   48,065  61.21%  38.79%
SD13   36,086  160,806  18.33%  81.67%
SD15  109,597  198,247  35.60%  64.40%
SD17  112,679  127,956  46.83%  53.17%
SD18   15,000   11,985  55.59%  44.41%
				
HD126  38,215   34,107  52.84%  47.16%
HD127  53,344   35,933  59.75%  40.25%
HD128  47,390   22,477  67.83%  32.17%
HD129  46,964   36,012  56.60%  43.40%
HD130  69,298   32,900  67.81%  32.19%
HD131   9,584   44,980  17.56%  82.44%
HD132  49,625   49,260  50.18%  49.82%
HD133  48,359   37,729  56.17%  43.83%
HD134  45,698   59,519  43.43%  56.57%
HD135  35,662   37,653  48.64%  51.36%
HD137   9,997   21,240  32.00%  68.00%
HD138  30,912   31,792  49.30%  50.70%
HD139  14,891   45,442  24.68%  75.32%
HD140   8,496   22,687  27.25%  72.75%
HD141   6,751   36,444  15.63%  84.37%
HD142  13,366   42,296  24.01%  75.99%
HD143  11,100   25,218  30.56%  69.44%
HD144  13,029   17,345  42.90%  57.10%
HD145  14,011   28,167  33.22%  66.78%
HD146  10,824   43,630  19.88%  80.12%
HD147  14,469   53,867  21.17%  78.83%
HD148  21,053   38,031  35.63%  64.37%
HD149  20,955   31,398  40.03%  59.97%
HD150  55,070   40,198  57.81%  42.19%
				
CC1    88,636  283,723  23.80%  76.20%
CC2   146,468  149,847  49.43%  50.57%
CC3   220,181  215,729  50.51%  49.49%
CC4   234,765  219,028  51.73%  48.27%
				
JP1    87,533  168,977  34.12%  65.88%
JP2    32,564   50,632  39.14%  60.86%
JP3    50,336   69,338  42.06%  57.94%
JP4   230,567  188,394  55.03%  44.97%
JP5   197,305  219,993  47.28%  52.72%
JP6     7,269   28,198  20.50%  79.50%
JP7    17,578  100,870  14.84%  85.16%
JP8    66,324   41,925  61.27%  38.73%

There were 15 contested District or County court races, with another 12 that had only a Democrat running. All of the numbers are from the contested races. The first table is just the average vote total for each candidate in that district; I then computed the percentage from those average values. For the second and third tables, I used the Excel MAX and MIN functions to get the highest and lowest vote totals for each party in each district. It should be noted that the max Republican and min Democratic totals in a given district (and vice versa) may not belong to the candidates from the same race, as the total number of votes in each race varies. Consider these to be a bit more of a theoretical construct, to see what the absolute best and worst case scenario for each party was this year.

One could argue that Democrats did better than expected this year, given the partisan levels they faced. Both Lizzie Fletcher and Jon Rosenthal won re-election, in CD07 and HD135, despite running in districts that were tilted slightly against them. The one Republican that won in a district that tilted Democratic was Precinct 5 Constable Ted Heap, who won as his JP colleague Russ Ridgway fell; as previously noted, Dan Crenshaw clearly outperformed the baseline in CD02. The tilt in Commissioners Court Precinct 3 was too much for Michael Moore to overcome, though perhaps redistricting and four more years of demographic change will move things in the Democratic direction for 2024. As for Precinct 2, I believe Adrian Garcia would have been re-elected if he had been on the ballot despite the Republican tilt in that precinct, mostly because the Latino Democratic candidates generally carried the precinct. He will also get a hand from redistricting when that happens. I believe being the incumbent would have helped him regardless, as Jack Morman ran ahead of the pack in 2018, just not by enough to hang on.

The “Republican max” (table 2) and “Democratic max” (table 3) values give you a picture of the range of possibility in each district. At their high end for Republicans, CD02 and SBOE6 don’t look particularly competitive, while CD07 and HD135 look like they really got away, while HD144 looks like a missed opportunity, and JP5 could have maybe been held in both races. HD134 remained stubbornly Democratic, however. On the flip side, you can see that at least one Democratic judicial candidate took a majority in CD07, HD135, HD138, and CC2, while CC3 and CC4 both look enticingly close, and neither HDs 134 nor 144 look competitive at all. If nothing else, this is a reminder that even in these judicial races, there can be a lot of variance.

On the subject of undervoting, as noted in the Appellate Court posts, the dropoff rate in those races was about 4.7% – there wasn’t much change from the first race to the fourth. For the contested local judicial races, the undervote rate ranged from 5.06% in the first race to 6.54%, in the seventh (contested) race from the end. There was a downward trend as you got farther down the ballot, but it wasn’t absolute – as noted, there were six races after the most-undervoted race, all with higher vote totals. The difference between the highest turnout race to the lowest was about 24K votes, from 1.568 million to 1.544 million. It’s not nothing, but in the grand scheme of things it’s pretty minimal.

The twelve unopposed Democrats in judicial races clearly show how unopposed candidates always do better than candidates that have opponents. Every unopposed judicial candidate collected over one million votes. Kristen Hawkins, the first unopposed judicial candidate, and thus most likely the first unopposed candidate on everyone’s ballot, led the way with 1.068 million votes, about 200K more votes than Michael Gomez, who was the leading votegetter in a contested race. Every unopposed Democratic candidate got a vote from at least 61.25% of all voters, with Hawkins getting a vote from 64.44% of all. I have always assumed that some number of people feel like they need to vote in each race, even the ones with only one candidate.

I’m going to analyze the vote in the non-Houston cities next. As always, please let me know what you think.

Precinct analysis: Commissioners Court and JP/Constable precincts

Introduction
Congressional districts
State Rep districts

We now zoom in for a look at various county districts, which are also called “precincts”. I don’t know why we have County Commissioner precincts and JP/Constable precincts to go along with regular voting precincts – it makes for a certain amount of either monotony or inaccuracy when I have to write about them – but it is what it is. Dems made a priority of County Commissioner Precinct 3 and didn’t get it, but did flip a longstanding Republican Justice of the Peace bench.


Dist    Trump    Biden    Lib    Grn  Trump%  Biden%   Lib%   Grn%
==================================================================
CC1    90,536  295,657  3,355  1,338  23.16%  75.64%  0.86%  0.34%
CC2   154,159  154,516  3,250  1,028  49.26%  49.37%  1.04%  0.33%
CC3   220,205  234,323  4,876  1,328  47.79%  50.86%  1.06%  0.29%
CC4   235,730  233,697  5,338  1,435  49.50%  49.08%  1.12%  0.30%

Dist    Trump    Biden    Lib    Grn  Trump%  Biden%   Lib%   Grn%
==================================================================
JP1    85,426  182,182  3,199    822  31.45%  67.07%  1.18%  0.30%
JP2    35,864   51,624    741    330  40.50%  58.29%  0.84%  0.37%
JP3    53,543   70,746  1,055    375  42.59%  56.27%  0.84%  0.30%
JP4   232,147  199,750  4,698  1,250  53.02%  45.62%  1.07%  0.29%
JP5   199,292  236,253  4,525  1,384  45.14%  53.52%  1.03%  0.31%
JP6     8,554   28,500    357    158  22.77%  75.86%  0.95%  0.42%
JP7    17,977  104,457    835    464  14.53%  84.42%  0.67%  0.38%
JP8    67,827   44,681  1,409    346  59.36%  39.10%  1.23%  0.30%

Dist   Cornyn    Hegar    Lib    Grn Cornyn%  Hegar%   Lib%   Grn%
==================================================================
CC1    94,601  278,805  6,735  3,743  24.20%  71.33%  1.72%  0.96%
CC2   152,772  144,150  6,038  2,703  48.82%  46.06%  1.93%  0.86%
CC3   229,016  214,734  7,608  3,129  49.71%  46.61%  1.65%  0.68%
CC4   241,839  216,469  8,836  3,314  50.79%  45.46%  1.86%  0.70%

Dist   Cornyn    Hegar    Lib    Grn Cornyn%  Hegar%   Lib%   Grn%
==================================================================
JP1    93,109  167,648  4,655  2,101  34.28%  61.72%  1.71%  0.77%
JP2    35,186   48,126  1,638    946  39.73%  54.34%  1.85%  1.07%
JP3    52,663   67,120  2,257  1,121  41.89%  53.39%  1.80%  0.89%
JP4   235,664  186,072  8,077  2,923  53.82%  42.50%  1.84%  0.67%
JP5   205,996  217,791  7,543  3,288  46.66%  49.33%  1.71%  0.74%
JP6     8,342   26,680    795    472  22.20%  71.02%  2.12%  1.26%
JP7    19,157   99,241  2,051  1,291  15.48%  80.21%  1.66%  1.04%
JP8    68,111   41,480  2,201    747  59.61%  36.30%  1.93%  0.65%

Dist   Wright    Casta    Lib    Grn Wright%  Casta%   Lib%   Grn%
==================================================================
CC1    90,035  276,291  7,330  5,863  23.03%  70.68%  1.88%  1.50%
CC2   146,598  145,934  6,329  3,756  46.84%  46.63%  2.02%  1.20%
CC3   223,852  208,983  9,167  5,678  48.59%  45.36%  1.99%  1.23%
CC4   236,362  212,151 10,305  5,711  49.64%  44.55%  2.16%  1.20%

Dist   Wright    Casta    Lib    Grn Wright%  Casta%   Lib%   Grn%
==================================================================
JP1    90,194  163,531  5,804  3,640  33.20%  60.20%  2.14%  1.34%
JP2    32,881   49,373  1,605  1,218  37.13%  55.75%  1.81%  1.38%
JP3    50,924   67,644  2,207  1,398  40.51%  53.81%  1.76%  1.11%
JP4   230,575  183,069  9,233  5,036  52.66%  41.81%  2.11%  1.15%
JP5   200,704  213,004  8,895  5,800  45.46%  48.25%  2.01%  1.31%
JP6     7,490   27,172    730    651  19.94%  72.33%  1.94%  1.73%
JP7    17,970   98,421  2,115  2,039  14.52%  79.54%  1.71%  1.65%
JP8    66,109   41,145  2,542  1,226  57.86%  36.01%  2.22%  1.07%

First things first, the Justice of the Peace and Constable precincts are the same. There are eight of them, and for reasons I have never understood they are different sizes – as you can see, JPs 4 and 5 are roughly the size of Commissioners Court precincts, at least as far as voting turnout goes, JP1 is smaller but still clearly larger than the rest, and JP6 is tiny. When I get to have a conversation with someone at the county about their plans for redistricting, I plan to ask if there’s any consideration for redrawing these precincts. Note that there are two JPs in each precinct – Place 1 was up for election this cycle, with Place 2 on the ballot in 2022. The Constables are on the ballot with the Place 1 JPs. I’ll return to them in a minute.

You may recall from my first pass at Harris County data, Donald Trump had a super slim lead in Commissioners Court Precinct 2, home of Adrian Garcia. That was from before the provisional ballots were cured. There were something like five or six thousand provisional ballots, and overall they were pretty Democratic – I noted before that this almost pushed Jane Robinson over the top in her appellate court race – though they weren’t uniformly pro-Dem; Wesley Hunt in CD07 and Mike Schofield in HD132 netted a few votes from the provisionals, among those that I looked at more closely. In CC2, the provisional ballots put Joe Biden ever so slightly ahead of Trump, by a teensy but incrementally larger lead than Trump had had. MJ Hegar lost CC2 by a noticeable amount, and Chrysta Castaneda missed it by a hair.

Now, in 2018 Beto won CC2 by over six points. Every statewide candidate except for Lupe Valdez carried it, and every countywide candidate except for Lina Hidalgo carried it. Oddly enough, Adrian Garcia himself just squeaked by, taking the lead about as late in the evening as Judge Hidalgo did to claim the majority on the Court for Dems. I’d have thought Garcia would easily run ahead of the rest of the ticket, but it was largely the reverse. The conclusion I drew from this was that being an incumbent Commissioner was an advantage – not quite enough of one in the end for Jack Morman, but almost.

I say that for the obvious reason that you might look at these numbers and be worried about Garcia’s future in 2022. I don’t think we can take anything for granted, but remember two things. One is what I just said, that there’s an incumbent’s advantage here, and I’d expect Garcia to benefit from it in two years’ time. And two, we will have new boundaries for these precincts by then. I fully expect that the Dem majority will make Garcia’s re-election prospects a little better, as the Republican majority had done for Morman in 2011.

The bigger question is what happens with the two Republican-held precincts. I’ve spoken about how there’s no spare capacity on the Republican side to bolster their existing districts while moving in on others. That’s not the case here for Dems with Commissioners Court. Given free rein, you could easily draw four reasonable Dem districts. The main thing that might hold you back is the Voting Rights Act, since you can’t retrogress Precinct 1. The more likely play is to dump some Republican turf from Precincts 2 and 3 into Precinct 4, making it redder while shoring up 2 for the Dems and making 3 more competitive. I wouldn’t sit around in my first term in office if I’m Tom Ramsey, is what I’m saying.

I should note that Beto also won CC3, as did Mike Collier and Justin Nelson and Kim Olson, but that’s largely it; I didn’t go back to check the various judicial races but my recollection is that maybe a couple of the Dem judicials carried it. Overall, CC3 was still mostly red in 2018, with a few blue incursions, and it remained so in 2020. I feel like it would be gettable in 2024 even without a boost from redistricting, but why take the chance? Dems can set themselves up here, and they should.

What about the office Dems flipped? That would be Justice of the Peace, Place 1, where longtime jurist Russ Ridgway finally met his match. You will note that Precinct 5 Constable Ted Heap held on by a 51.5 to 48.5 margin, almost the exact mirror of Israel Garcia’s 51.4 to 48.6 win over Ridgway. What might account for the difference? For one, as we’ve seen, candidates with Latino surnames have generally done a couple of points better than the average. For two, it’s my observation that more people probably know their Constable’s name than either of their JPs’ names. Your neighborhood may participate in a Constable patrol program, and even if you don’t you’ve surely seen road signs saying that the streets are overseen by Constable so-and-so. I think those two factors may have made the difference; I’m told Garcia was a very active campaigner as well, and that could have helped, but I can’t confirm that or compare his activity to Dem Constable candidate Mark Alan Harrison, so I’ll just leave it as a second-hand observation. Dems can certainly aim for the Place 2 JP in Precinct 5, and even though Precinct 4 was in the red I’d really like to see someone run against Laryssa Korduba, who is (as of last report, anyway) the only JP in Harris County who no longer officiates weddings following the Obergefell ruling. She’s consistent about it, and acting legally by not doing any weddings, and that’s fine by me as a personal choice, but that doesn’t mean the people of Precinct 4 couldn’t do better for themselves. I’d like to see them have that choice in 2022.

Next up, some comparisons to 2012 and 2016. Next week, we get into judicial races and county races. Let me know what you think.

Omnibus Election Day post

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

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

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

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

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

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

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

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

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

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

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

Where the primary action is

It’s on the Democratic side in Harris County. This should come as a surprise to no one.

The crowded Harris County Democratic primary field reflects a new reality in Houston politics: With the county turning an even darker shade of blue in 2018, many consider the real battle for countywide seats to be the Democratic primaries, leading more candidates to take on incumbent officeholders.

“This is the new political landscape of Harris County. Countywide offices are won and lost in the Democratic Primary,” said Ogg campaign spokesperson Jaime Mercado, who argued that Ogg’s 2016 win “signaled a monumental shift in county politics” and created renewed emphasis on criminal justice reform now championed by other Democratic officials and Ogg’s opponents.

In the March 3 primaries, Ogg, Bennett, Sheriff Ed Gonzalez and County Attorney Vince Ryan — all Democrats — face at least two intra-party opponents each, while Democratic Commissioner Rodney Ellis has a primary challenger in former state district judge Maria Jackson.

Excluding state district and county courts, 10 of 14 Harris County Democratic incumbents have at least one primary foe. In comparison, three of the seven county GOP incumbents — Justice of the Peace Russ Ridgway, Precinct 4 Constable Mark Herman and education department trustee Don Sumners — have drawn primary challengers.

At the state level, Republicans from the Harris County delegation largely have evaded primary opponents better than Democrats. All but three GOP state representatives — Dan Huberty, Briscoe Cain and Dennis Paul — are unopposed.

On the Democratic side, state Sen. Borris Miles and state Reps. Alma Allen, Jarvis Johnson, Senfronia Thompson, Harold Dutton, Shawn Thierry and Garnet Coleman each have primary opponents.

Overall, the 34 Democratic incumbents seeking re-election to federal, state and county seats that cover at least a portion of Harris County — not including state district and county courts — face 43 primary opponents. The 22 Republican incumbents have 10 intra-party challengers.

It should be noted that a few of these races always draw a crowd. Constable Precincts 1, 2, 3, and 6 combined for 22 candidates in 2012, 21 candidates in 2016, and 17 this year. Three of the four countywide incumbents – DA Kim Ogg, Sheriff Ed Gonzalez, and Tax Assessor Ann Harris Bennett – are in their first term, as is County Commissioner Rodney Ellis. There are fewer Republican incumbents to target, so Dem incumbents get to feel the heat. The bigger tell to me is that Republicans didn’t field candidates in nine District Court races. As I’ve said ad nauseum, it’s the judicial races that are the best indicator of partisan strength in a given locale.

The story also notes that the usual ideological holy war in HD134 is on hold this year – Greg Abbott has endorsed Sarah Davis instead of trying to primary her out, and there’s no Joe Straus to kick around. Republicans do have some big races of their own – CD07, CD22, HD26, HD132, HD138, County Commissioner Precinct 3 – but at the countywide level it’s kind of a snoozefest. Honestly, I’d have to look up who most of their candidates are, their names just haven’t registered with me. I can’t wait to see what the finance reports have to say. The basic point here is that we’re in a new normal. I think that’s right, and I think we’ll see more of the same in 2022. Get used to it.

Endorsement watch: The early work continues

The Chron continues its way-early rollout of general election endorsements by giving their blessing to four Justice of the Peace candidates.

HarrisCounty

Justice of the Peace, Precinct 1, Place 1: Eric William Carter

The Democratic candidate Eric William Carter, 33, is our choice to replace vacating Judge Dale Gorczynski. This quick yet soft-spoken graduate of South Texas College of Law has the professional credentials and temperament to run this people’s court. An approachable demeanor is particularly important in a venue where many of the litigants are representing themselves. Carter promises to work with the community to develop a teen court to interest young people in the justice system and to educate them about how it works.

Justice of the Peace Precinct 3,Place 1: Joe Stephens

We traditionally view a law license as a prerequisite to serving as a justice of the peace, but Galena ISD School Board Trustee Joe Stephens has earned our endorsement because of his commitment to his community, his support from the outgoing judge and his opponent’s problems with legal ethics.

Justice of the Peace, Precinct 4, Place 1: Lincoln Goodwin

Republican Lincoln Goodwin – appointed to this bench in December 2014 by Commissioners Court – deserves a full elected term.

Justice of the Peace Precinct 5, Place 1: William “Bill” McLeod

Our vote for this bench goes to the only lawyer in the race: William “Bill” McLeod, a former special needs counselor who graduated from Texas Southern University Thurgood Marshall School of Law. This court encompasses west Harris County and deserves a judge who is a licensed lawyer in good standing with the State Bar of Texas.

Well, that answers the question I asked last week about whether the Chron was legitimately starting early on endorsements. I think we can expect a regular schedule of these from now on, which is cool. That should allow for more focus on individual races. Good for them for being this organized.

As for the endorsements themselves, Stephens and McLeod are also Democrats. McLeod’s opponent is an incumbent, Russ Ridgway. The precinct in question is definitely Republican – I have 2008 data on it here – but not so much that it couldn’t be competitive in a year like this. These endorsements represent half of the JP races on the ballot this fall, though these are the only contested ones. Democrats have incumbents in precincts 2, 6, and 7, while a Republican presides in precinct 8.

Getting back into the marriage game

It was too good to stay away.

Two Harris County justices of the peace have resumed officiating weddings this week after a brief hiatus in the wake of the U.S. Supreme Court’s landmark ruling on marriage equality.

Judges Russ Ridgway and Jeff Williams stopped marrying couples after the high court on June 26 legalized same-sex marriage nationwide, striking down the remaining bans in Texas and a dozen other states.

These two judges, who preside in the western outposts of the county, were among three of 16 sitting Harris County justices of the peace who opted to take down their shingles for weddings last summer. The third judge, Laryssa Korduba, a Republican who serves out of Humble, has remained off duty with respect to weddings, her staff said this week.

None of the three judges responded to multiple requests for comment on their rationale.

However, Judge Mike Parrott, a fellow justice of the peace, said Korduba told the other JPs she did not wish to marry same-sex couples, but Parrott never heard an explanation from Ridgway or Williams. Given heavy foot traffic in their offices and the number of walk-in requests they would have received, Parrott found it notable that his colleagues would pass on the income they would have earned.

“It really surprised me about Russ (Ridgway) and (Jeff) Williams,” Parrott said. “That’s a big population out there. Maybe they don’t need the money.”

Parrott said he understood the likely reason they changed their minds after a short moratorium. “I got a feeling it’s extra income.”

JPs in busy courts might do as many as 10 weddings a day and up to 20 or so on Valentine’s Day, Parrott said.

See here for the background. JPs are paid between $50 and $400 to perform a wedding, so that would be a significant piece of income to give up for one’s principles. Which, to be clear, is 100% their right and which I support. JPs are allowed to perform weddings but don’t have to, and as long as they’re consistent and not picking and choosing, it’s all good. Happy marrying, y’all.

Does your JP still do marriages?

Some do and some don’t.

RedEquality

Last Wednesday, Judge Dale Gorczynski, a justice of the peace in Harris County, heard 19 eviction cases, sent 147 traffic and misdemeanor cases to trial and presided over five weddings: Three for same-sex couples and two for heterosexual couples.

It was the first time gay couples outnumbered straight ones in his north Houston office. The judge estimated that during the two peak wedding season months since the U.S. Supreme Court legalized same-sex marriage about 10 to 20 percent of the couples he has married are gay or lesbian.

But that trend is not playing out with at least three of the county’s 16 justices of the peace who previously performed weddings but no longer do. Judges Laryssa Korduba, Russ Ridgway and Jeff Williams, all Republicans who officiated weddings prior to the decision, are taking down their shingles, although they have done so gradually. These judges, who operate in Humble, near Bellaire and Addicks, still adjudicate criminal, civil and traffic proceedings, but despite phone prompts and online links at their offices that indicate otherwise, marrying couples is no longer among services they offer, staff members confirmed last week.

Korduba performed her last ceremony Aug. 7, according to the county clerk’s data through Aug. 20. That data shows that Ridgway last officiated Aug. 11; and Williams held his last wedding Aug. 14. The county clerk, Stan Stanart, said Tuesday these JPs performed weddings after the Supreme Court ruling, but in a limited capacity. Stanart said Ridgway told him, “I had these commitments beforehand.” The others made similar comments: “That’s what Laryssa [Korduba] told me, too, and Jeff [Williams]. They had commitments. They booked them up beforehand. But there are no new bookings. That’s what I’ve been told at this time,” Stanart said.

[…]

To be clear, these JPs will not be breaking the law or shirking their duties by halting weddings, legal experts say. In fact, they are opting to forego thousands of dollars of personal income, based on the rates they charged in recent months. Justices of the peace may keep this income. They have complete discretion to set their rates. Costs range from $50 to $400 per ceremony.

Although the Ohio Supreme Court issued an opinion this month stating judges may not refuse to perform marriages altogether based on personal, moral or religious objections to same sex marriage, officiating weddings in Texas is a choice.

In other words, all JPs in Texas may marry same-sex couples, but the law does not oblige them to marry anyone, according to Harris County Attorney Vince Ryan.

As far as turning away same-sex couples, Ryan said, “As long as they are not doing any weddings they can make that choice. If they do any marriages, they have to do all the marriages.”

Rebecca L. Robertson, legal and policy director for the American Civil Liberties Union of Texas, agreed: If you choose to opt out of marrying all couples, that is perfectly legal. If you marry anyone, you may not discriminate, she said.

“If they feel this strongly, at least they’re being fair about it,” said Lane Lewis, chairman of the Harris County Democratic Party, adding he thought, “They are on the wrong side of history.”

Daniel Williams, spokesman for the Lesbian Gay Bisexual Transgender rights group Texas Wins, said he applauded judges who abstained from marrying anyone if their personal beliefs guided them to pick and chose who to marry.

“To the JP who says, ‘In order to follow the law, I need to set aside the optional power of my office to perform weddings,’ Kudos.”

I agree. I’m glad that at least around here none of the JPs have tried to be jerks in the way that some county clerks were, to their detriment. I think they’re missing out – my dad was a judge for 14 years in New York, and he always says that performing marriages was the best part of the job – but it’s their choice. I sincerely hope some of them come to the realization that they’re no better off this way and get themselves back in the game. Everyone would benefit if they do.