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term limits

There are a lot of people running for office in Houston already

If you regularly check the houstonchronicle.com page, you may have noticed this article continuing to appear, even though it was originally published last November. The reason for this is that they are tracking who has officially filed for office, and are updating it weekly.

The campaigns for Houston’s November mayoral election are in full swing, with several contenders in the mix and millions of dollars flowing to candidates.

In Houston’s strong mayor form of government, the mayor acts as the chief executive of the city, presiding over City Council while also directly managing the city’s 22 departments. The mayor oversees a nearly $6 billion budget and manages more than 20,000 employees.

That means the next administration will have a chance to shape the city’s finances, and will have final say over the number of police officers patrolling the streets, how your garbage and recycling is collected, how streets are repaired and designed, and how the city manages its water system, among other issues.

Mayor Sylvester Turner is term-limited and will leave office in January. The campaigns to replace him in this year’s open election actually began years ago, an unusually early start for municipal politics. State Sen. John Whitmire, the longest serving member of the Texas Senate, announced his plans to run for mayor way back in November 2021.

Rep. Sheila Jackson Lee made her long-rumored campaign official on March 26, telling parishioners at City Cathedral Church she plans to run.

The congresswoman’s announcement shuffled the race: About a week later, Chris Hollins, the former Harris County clerk, said he would drop out and run for controller instead. And Tony Buzbee, the millionaire attorney who challenged Turner in 2019, said he is considering another run because he thinks he is the only candidate who can beat Jackson Lee.

The mayoral field includes former City Councilmember Amanda Edwards, attorney Lee Kaplan, Councilmember Robert Gallegos, and former Metro Chair Gilbert Garcia.

[…]

Candidates can file a document appointing a campaign treasurer, which allows them to start fundraising.

Dozens of candidates have filed those documents so far. Others, like outgoing City Council members, have announced campaigns for new posts.

We’ll update the list every week or so, as new candidates surface.

The 10 incumbent council members are included in this list. As of April 18, the candidates are:

You can click over to see, but I’ll provide a few highlights:

– There are now twelve Mayoral candidates, with the addition and subtraction of Chris Hollins, now a Controller candidate. Tony Buzbee, who has not filed a designation of treasurer, is not included. The list also includes a number of perennials and “who the heck is that” types. Be that as it may, there are six candidates – John Whitmire, Sheila Jackson Lee, Amanda Edwards, Gilbert Garcia, Robert Gallegos, Lee Kaplan – who can claim to be serious.

– Lots of action already in the open At Large races – four candidates for AL1, five for AL2, and seven for AL3. I expect all three of them to continue to increase in size.

– For District Council open seat races, there are three candidates so far in E, five in H, and two in I. Again, I expect these to grow, though probably not as much as the At Large races will.

– There are now four candidates for Controller, the two current Council members Dave Martin and Michael Kubosh, former Mayoral candidate Chris Hollins, and Chief Deputy Controller Shannan Nobles. My prediction that this race would attract at least one prominent Democrat looks pretty good right now.

– Several incumbents don’t yet have opponents. Tarsha Jackson in B has three opponents, Letitia Plummer in At Large #4 has two opponents, and Carolyn Evans-Shabazz in D and Ed Pollard in J each have one.

– Two people have filed to run for something but have not yet specified which office. There had been three when I looked about a month ago, but one either withdrew his candidacy or picked a race, I don’t remember. They have until the filing deadline to make their choice. Along those lines, anyone who has filed for one office can switch to another before the deadline. Nothing is written in stone until then.

– I’m already exhausted thinking about how many interviews I’m going to need to do.

January 2023 campaign finance reports: City of Houston

It’s late January, so you know what that means: It’s campaign finance report time again. The reports of the greatest interest will be for the city of Houston, but I’ll be checking in on HISD, HCC, and Harris County as well. The July 2022 reports are here, the January 2022 reports are here, and the July 2021 reports are here.


Candidate     Raised      Spent     Loan     On Hand
====================================================
Hollins      547,027    469,141        0   1,062,754
Edwards      567,005    195,257        0   1,044,338
Whitmire   1,148,015    249,142        0  10,100,086
Kaplan       465,180    177,578  200,000   1,164,527

Peck          10,750     13,940        0      20,729
Jackson        2,500     14,965        0      14,971
Kamin         52,080     12,255        0     238,337
 Scarbrough        0          0        0      14,810   
E-Shabazz     
L Dixon            0        254      100         254
Thomas        43,996     11,310        0      89,042
Huffman        5,850      3,624        0      35,012
Castillo      37,448      1,037   10,000      41,935
G Lindner      4,503          0        0       4,503
Martinez      78,605      6,130        0      52,187
Pollard       17,350     15,412   40,000     718,379
 Sanchez      30,140      4,201   20,000      25,938
C-Tatum       14,250     13,687        0     155,691

Hellyar       65,854      6,772        0      44,710
Coryat         5,626      4,063        0       1,562
Bess               0          0        0           0
Carter        85,926      9,456    4,000      78,768
Cooper        23,977     17,631        0       9,189
Plummer        4,125     10,309        0      24,741
 Morales      12,900        417    5,534      18,016
Alcorn       155,301     28,187        0     306,273

Martin         8,250     12,493        0     161,851
Kubosh        22,900      3,612  196,000      54,289

Wolfthal      43,812     16,683        0      24,953
Flickinger         0      1,933   50,000           0

Turner       228,862    186,942        0     842,484

Cisneros         250      7,215        0      31,128
Gallegos      21,787     13,500        0     133,471

Knox          16,175     20,914        0      14,231
Robinson      44,894     27,296        0     271,624

Brown              0      5,404   75,000      29,316

Laster             0      3,254        0     147,138

I have collected all of the reports for the people listed above, and you can find them in this Google Drive folder. I decided not to link to all of them individually just because it was more work than I felt like doing. Omitting that means I don’t have a complete listing, with full names and the office they are seeking, of all the candidates. I’ll be sure to at least mention everyone of interest later in the post.

I’ve grouped everyone in the table above as follows: First are the Mayoral candidates, then the candidates for district Council offices, listed in alphabetical order by office – Amy Peck is District A, Tarsha Jackson is District B, and so on. The open offices are Districts E, H, and I. There are so far two challengers to incumbent Council members, and I have indented their names to indicate them – Daphne Scarbrough (yeah, the same person who was a leading opponent of light rail on Richmond Avenue, here to scourge us again) is running against CM Abbie Kamin in C, and Ivan Sanchez, who was a Democratic candidate for CD07 in 2018, is running against CM Ed Pollard in District J. Martina Lemond Dixon is running in E, Mario Castillo and Janette Garza Lindner (2021 candidate for HISD district I) are running in H (my district), and Joaquin Martinez is running in I. The one person that did not have a report filed as of Friday was District D incumbent Carolyn Evans-Shabazz.

The next group is for the At Large seats, of which #s 1, 2, and 3 are open. Nick Hellyar, who ran for At Large #4 in 2019, is running for #2, as are Marina Coryat and Danielle Bess (former candidate for HD147 in 2022), and Twila Carter and Dannell Cooper are running for #3. No one has yet filed a finance report saying they plan to run for At Large #1. You can be sure that will change, and that all of these fields will be much larger by the time the filing deadline rolls around. Indeed, they may already be larger, as there are two candidates who didn’t specify an office in their reports; I’ll get to them in a minute. As above, a candidate opposing an incumbent is indented. Yes, that’s our old buddy Roy Morales running against CM Letitia Plummer in At Large #4.

Next we have the two term-limited Council members who are now running for City Controller, and following them are two candidates who did not specify an office on their report, Leah Wolfthal and Fred Flickinger. I met Leah Wolfthal at the January CEC meeting for HCDP precinct chairs, and I thought she told me she is running in At Large #2. Her website just says “for At Large City Council”, so better not to make any assumptions. I’ve put her in this group for that reason.

Everyone after that is not running for anything, from Mayor Turner to the four CMs to Controller Chris Brown. Former CM Mike Laster, who termed out in 2019, still has a decent amount of cash on hand. I assume the four people in this grouping who remain with over $100K on hand have some plan, perhaps vague and unformed but still existent, to do something with it. What that may be is not known to me, and possibly to them, at this time.

The Chron picks a few highlights from the Mayoral portion of the reports. The one thing I will add to that is that I must have missed Lee Kaplan’s July 2022 report, because I was surprised by his cash on hand total. Kaplan raised about $850K in the last period, which combined with a small amount of spending gives him the cash on hand total he has now. I have included Kaplan’s July 2022 finance report in that Google Drive folder as well.

There are candidates now who have not yet filed a finance report, and there are people who will be candidates that have not yet formally announced their candidacies. The July finance reports will tell us a much more complete story, though even then there will be room for more, as the filing deadline is not until August. This is what we know now. If you have anything to add, by all means please do so.

The first two candidates for City Controller

Two term-limited Council members are the first to toss their hats into the ring.

CM Dave Martin

Houston City Council members Dave Martin and Michael Kubosh on Tuesday confirmed their plans to run for city controller in November.

As the city’s independently elected financial officer, the controller certifies the availability of funds for the budget and all spending. It also processes payments, manages the city’s $4.5 billion investment portfolio, audits city departments, conducts the sale of municipal bonds and produces an annual report of the city’s finances.

Having served the maximum two terms, current Controller Chris Brown will step down at the end of this year.

District E Councilmember and Mayor Pro Tem Martin and at-Large Councilmember Kubosh previously had indicated their interest in the city controller position. They have not been able to announce their campaigns until now due to Texas’s resign-to-run law, which bars city council members from running for another office more than a year and 30 days before their term ends.

CM Michael Kubosh

Martin, who has been on council since 2012, cited his decades of experience in finance and accounting in the private and public sectors. Having worked for “Big Four” accounting firms earlier in his career and currently leading the Budget and Fiscal Affairs Committee at City Council, he said he is equipped to help Houston optimize its finances.

“I know more about city finance and general accounting and finance than any candidate that’s going to pop up in this race,” Martin said. “I’ll put my credentials up against anyone’s.”

Kubosh, who has served as the at-large position No. 3 council member since 2014, touted his experience running in city-wide elections. Calling himself an outsider and a political activist, he highlighted his successful effort to advocate for the removal of red-light cameras in Houston prior to his time in office. He said he would not shy away from confrontations if elected.

“I have a cross-section of voters throughout the city. (Martin) hasn’t run citywide. He’s only run in District E,” Kubosh said. “And I am very aggressive. I’ll speak up for the people.”

I’ve heard talk about CM Martin as a Controller candidate for some time now. CM Kubosh had been mentioned as a possible Mayoral candidate in the past but that had died down. For what it’s worth, as of the July finance reports, Martin had $151K on hand to $60K for Kubosh. The January reports will be out soon and we’ll see what they look like. There’s plenty of time to raise more money, though the Controller’s race usually doesn’t attract the big bucks.

I say these are the first two candidates for Controller because there’s just no way that they’re the only two. Given the demographics and politics of Houston, it would be mind-boggling in the extreme for there not to be at least one candidate of color in the race. In 2015 the field included MJ Khan, Jew Don Boney, Carroll Robinson, and Dwight Jefferson. Khan also ran in 2009; he and Pam Holm lost to Ronald Green. Just a stray, idle thought, but maybe this would be a good opportunity for a Latino candidate. Anyway, this is the time of the cycle where we start seeing a bunch of candidate announcements. I’m sure there will be plenty more soon enough.

A too-early look at who’s running for Houston city offices in 2023

Because it’s never not election season.

With the midterm elections behind us, city election season is now heating up. Next November, Houston will elect a new mayor, a new controller and 16 City Council members.

The campaigns actually got underway long before the midterm elections were over. State Sen. John Whitmire, the longest serving member of the Texas Senate, announced his plans to run for mayor way back in November 2021. Chris Hollins, the former Harris County clerk, announced in February, and former City Councilmember Amanda Edwards launched her campaign in March.

Those announcements, and the millions of dollars the mayoral candidates collectively have raised for their bids so far, have set Houston off on its earliest start to campaign season to date.

As the candidates start making more public appearances and vying for voters’ attention, here’s your early primer on city elections, and who is running so far:

[…]

Mayor Sylvester Turner is serving out his second and final term, which means Houston will elect a new mayor in 2023. Voters also will decide 16 spots on City Council — 11 members representing geographic districts, and five members elected citywide in at-large seats — to round out the City Hall horseshoe.

City Controller Chris Brown also is term-limited, meaning the city will have a new controller as well. The controller is the city’s independently elected financial watchdog.

Six council members face term limits, meaning their seats will be open. Ten council members are eligible for re-election and presumably running.

They have a list of the Council members who are not term-limited, as well as a list of people who claim they are running for something at this time. We’ll get some idea of who is serious and who is just a name when the January finance reports come out. From past experience, nothing is truly set in stone until the filing deadline, and we’re a long way away from that.

One more name that is out there as a potential Mayoral candidate is former Metro chair Gilbert Garcia. Don’t be surprised to hear of other names, though at this point it’s not very likely there will be any more high-profile names.

The incumbent Council members who are term limited include Dave Martin (District E), Karla Cisneros (H), Robert Gallegos (I), Mike Knox (At Large #1), David Robinson (AL #2), and Michael Kubosh (AL #3). I expect there to be a lot of At Large candidates, assuming At Large seats are still a thing next November.

There are also races for HISD and HCC boards of trustees. In HISD, Kathy Blueford-Daniels (District II), Dani Hernandez (III), Patricia Allen (IV), and Judith Cruz (VIII) are up for re-election. In HCC, the candidates whose terms are up are Reagan Flowers (Distrct 4), Robert Glaser (5), and Pretta VanDible Stallworth (9). Glaser is under accusation of sexual harassment, and as such I have to think there’s a decent chance he’ll choose not to run again. That is 100% fact-free speculation on my part, so take it for what it’s worth.

This is the situation as it stands now. As I said, we’ll know more when we see the January finance reports. If you know of someone not listed in the Chron story who’s running for something next year, please let us know in the comments.

The Housing and Community Development mess

A review of headlines from last week, which I did not have the brain space to do anything with:

Turner fires Houston housing director who accused him of ‘charade’ bid process to benefit developer

Turner names interim housing director in wake of corruption claims by former department head

Turner orders legal review of housing deal at center of ‘charade’ claims by fired housing director

Editorial: Tell the truth, Mayor Turner. Why the ‘charade’ over wasteful housing contract?

I still don’t quite have the brain capacity to make sense of all this. None of it looks good for Mayor Turner, but how things end don’t always reflect how they began. These would be terrible headlines not just for the Mayor but for everyone on City Council if we had elections this year, but we don’t. There may be some echoes of this when the 2023 campaigns roll around, but my guess is that unless there’s something epic inside all of this we will have moved onto many other things by then. At heart, that’s one of the reasons I voted against the proposal back in 2015 to change from two year terms and a limit of three for local elected officials to four year terms with a limit of two. I know a lot of Council members hated having to run every two years, but I believed then and still believe now that there’s value to it. Anyway, here we are. We’ll see how many people remember any of this a month from now, let alone in two years.

The Jerry Davis situation

Someday, this is going to be taught in political science classes. And possibly law schools.

CM Jerry Davis

The ongoing election dispute in District B has put Jerry Davis in a peculiar position, seemingly caught between two provisions of the Texas Constitution as he challenges longtime incumbent state Rep. Harold Dutton in the March 3 Democratic primary.

And it is unlikely to change until the courts clear the way for voters to cast ballots in the long-delayed runoff for his council seat.

Until then, Davis is stuck in the council seat he was supposed to leave in January because of term limits.

[…]

With no new council member seated by the first of the year, Article XVI, Sec. 17 of the Texas Constitution kicked in, requiring Davis to remain in the District B seat until his successor can be elected and seated.

“All officers of this State shall continue to perform the duties of their offices until their successors shall be duly qualified,” the provision reads.

When Davis filed Dec. 9 to challenge Dutton for the District 142 seat in the Texas House, it raised another constitutional clause, this one found in Article III, Sec. 19.

That provision says no public official who holds a “lucrative office… shall during the term for which is he elected or appointed, be eligible to the Legislature.”

Texas Supreme Court rulings have held that any paid public office, no matter how small the compensation, is considered “lucrative.” Additionally, the high court has ruled that the eligibility requirement extends to one’s candidacy.

A Houston city council salary is around $63,000 a year.

To date, no one has challenged Davis’ eligibility.

The councilman said he believes he is in the clear because his elected term ended in January. Democratic Party officials, tasked with determining eligibility for primary candidates, say they believe he qualifies because his appointed term as a hold-over should end long before he would join the Legislature next January if he wins.

And Dutton has not lodged any complaints or challenges. That could change, should Davis prevail in the March election.

Buck Wood, an authority on Texas election law who has represented clients in landmark Supreme Court rulings on the subject, said the law holds that candidates have to be eligible while they are running for office, not just on the date they take it.

Since Davis still is on the council, someone could make the case that he is not eligible, he said.

“The problem is, the court has also held that you have to be eligible as of the date that you file,” Wood said.

The interaction of those two constitutional clauses is an open legal question, left unresolved for now by Texas judges.

“The courts have not ruled on that hold-over provision,” he said.

It gets deeper into the weeds from there, and I’ll leave it to you to read up. For now, all is well and legal and good. Until such time as someone files a lawsuit – either Dutton over Davis’ eligibility to be on the ballot (an irony that may wash us all into the sea), or a city resident alleging that some action Davis has taken since January 1 as Council member is invalid, or maybe some other claim I can’t envision right now – there are no problems. Maybe we’ll make it all the way to the (we hope) May runoff in District B and there will still be no problems. It can all come crashing down at any time, and if that happens it’ll tie up the legal system for years, but for now, make like Wile E. Coyote and keep on running. As far as you know, the end of that cliff has not yet arrived.

(Note: this story ran, and I drafted this post, before the ruling in the District B runoff lawsuit. The fundamentals are the same, as Davis will still be serving till we have a runoff winner.)

It could be March before District B gets to vote in their runoff

And honestly, by the same calculations, it could go later than that.

Cynthia Bailey

The Houston City Council District B runoff could be delayed until March if a lawsuit contesting last month’s election result is not resolved by Monday, the Harris County Attorney’s office said.

The third-place finisher in the race filed the contest, arguing that second-place finisher Cynthia Bailey’s felony conviction bars her from holding public office.

Meanwhile, incumbent District B Councilman Jerry Davis said he intends to hold the seat until a successor is elected, while Harris County Precinct 1 Commissioner Rodney Ellis said the runoff should not have been delayed.

“There’s a lot of people out there that are angry,” Ellis said at this week’s Commissioners Court meeting on Tuesday. “And to be honest with you, I’m angry as well.”

Assistant County Attorney Douglas Ray said Dec. 9 is the deadline to place District B on the Jan. 28 ballot, which also will feature the runoff for the vacant District 148 seat in the Texas House of Representatives. The county will begin sending mail ballots for that election next week, Ray said.

“We don’t want to have to run another election in addition to the ones that we’re already doing,” Ray said.

A hearing on the election contest has been scheduled for Friday.

See here for the previous update. According to the Secretary of State, the deadline to send out the mail ballots for the March primary election is January 18th. That means that if we don’t have a resolution by the 9th, we have a bit less than six weeks to get resolution in time to have the election in March. Otherwise, the next opportunity is May. Isn’t this fun?

The District B race was a topic of discussion at Commissioners Court, where Ellis questioned whether the county should have yanked the runoff from the ballot. He suggested the county attorney could have sought to quickly dismiss Jefferson-Smith’s suit so the runoff could proceed as scheduled.

Ellis said the county’s decision sets a dangerous precedent where any disgruntled party could cause delays to an election.

“We’re going to be the laughingstock of the country if there’s some last-minute challenge, and then somehow we’re going to affect the presidential primary on Super Tuesday,” Ellis said.

County Judge Lina Hidalgo suggested the county attorney’s office develop a strategy to more quickly resolve election challenges in the future.

To be fair, the fact that the state law in question is ambiguous and has not been resolved by a court is part of the problem. Short of declaring Bailey ineligible when she filed, I’m not sure what the County Attorney can do or could have done. That said, I Am Not An Attorney, and they are (it’s right there in the name), so maybe they can think of something. Whatever they do think of, getting that law fixed needs to be a priority as well.

City and county leaders have said they support keeping Davis on council until his replacement is named.

“Although his term will expire on January 2, 2020, the City expects Council Member Jerry Davis to serve on a holdover basis (if necessary) until his successor is elected and qualified for office,” said Alan Bernstein, communications director for Mayor Sylvester Turner.

While some question whether that may run afoul of the city’s term limits, Davis and county officials said the Texas Constitution allows him to stay.

“All officers of this State shall continue to perform the duties of their offices until their successors shall be duly qualified,” Article XVI of the Constitution says.

I’m fine with this as well, but we all know this is another lawsuit waiting to happen, right? Lord help us if Davis is on the winning side of a 9-8 vote in Council in 2020. It sure would be nice if we get a verdict by Monday.

The 2019 lineups are set

Barring any late disqualifications or other unexpected events, we have the candidates we’re getting on our 2019 ballot.

More than 125 candidates turned in paperwork to run for city office by Monday’s filing deadline, setting up a packed November ballot likely to leave every incumbent with at least one opponent.

The unusually crowded field is driven largely by the city’s move in 2015 to extend term limits, allowing officials to serve two four-year terms instead of three two-year terms, said Rice University political science Professor Bob Stein.

“It used to be that you just wouldn’t run against an incumbent. You would wait until they term-limited out,” Stein said. “Candidates are no longer getting the two-year pass.”

Thirteen candidates have filed to run for mayor, including incumbent Sylvester Turner, who is running for a second four-year term. Turner’s challengers include his 2015 runoff opponent, Bill King, lawyer and business owner Tony Buzbee, Councilman Dwight Boykins and former councilwoman Sue Lovell.

By Friday evening, the city’s legal department had approved applications from at least 97 candidates. Another 28 candidates had filed for office and were awaiting approval from the city attorney’s office, and an unknown additional number of candidates filed just before the 5 p.m. deadline.

Ten candidates were officially on the ballot for mayor, with three others awaiting legal department approval by the close of business Monday.

Early voting begins Oct. 21 and Election Day is Nov. 5.

Late additions include retreads like Orlando Sanchez, who I guess hasn’t found steady work since being booted as Treasurer, and Eric Dick, seeking to become the next Griff Griffin, who by the way also filed. Sanchez is running for Controller, while Dick is in At Large #5, and Griff is once again running in At Large #2.

And there’s also HISD.

Two Houston ISD trustees filed paperwork Monday to seek re-election and will each face a single challenger, while several candidates will jostle to fill two other open seats on a school board that could soon be stripped of power.

HISD Board President Diana Dávila and Trustee Sergio Lira made their re-election runs official hours before Monday’s afternoon deadline, while trustees Jolanda Jones and Rhonda Skillern-Jones will not seek another term.

Thirteen newcomers will aim to unseat the two incumbents or win vacant spots on the board. The prospective trustees will square off in a November general election and, if necessary, runoff elections in December.

So much for them all resigning. You can read each of the stories in toto to see who gets name-checked, or you can peruse the Erik Manning spreadsheet, which is fortified with essential vitamins and minerals. Note also that in the HCC races, Monica Flores Richart has the task of taking out the reprehensible Dave Wilson, while Rhonda Skillern-Jones faces Brendon Singh and Kathy Lynch Gunter for the trustee slot that Wilson is abandoning in his desperate attempt to stay on the Board, and Cynthia Gary appears to have no opposition in her quest to succeed Neeta Sane. Leave a comment and let us know what you think of your 2019 Houston/HISD/HCC candidates.

An update on the races in HISD and HCC

As you know, there’s been a lot of action not just in the Houston City Council races but also in the 2020 election races. That doesn’t mean things have been dull in HISD and HCC, which of course have elections this November as well. I’m going to bring you up to date on who’s doing what in HISD and HCC, which as always deserve more attention than they usually get. We will refer to the Erik Manning spreadsheet for the names, though there will be some detours and some plot twists. Settle in and let’s get started.

There are four HISD Trustees up for election this cycle: Rhonda Skillern-Jones (district II), Sergio Lira (III), Jolanda Jones (IV), and Diana Davila (VIII). Lira, running for his first full term after winning in 2017 to succeed the late Manuel Rodriguez. He has no declared opponent at this time.

Rhonda Skillern-Jones has decided to step down from HISD and is now running for HCC Trustee in District 2. That’s the district currently held by the execrable Dave Wilson. (Hold that thought for a moment.) Her jump to HCC has been known for about a week, but as yet no candidate has emerged to announce a run in HISD II. I’m sure that will happen soon.

Diana Davila is being challenged by Judith Cruz, who ran for this same seat in 2010 after Davila’s abrupt departure when she was first an HISD Trustee; Cruz lost the Juliet Stipeche, who was then defeated by Davila in a return engagement in 2015. Davila has been at the center of much of the recent chaos on the Board, especially the disputes over interim Superintendent Grenita Lathan. I would expect that to be part of this campaign.

Jolanda Jones has two challengers for what would be her second term on the Board. One is perennial candidate Larry McKinzie, the other is Matt Barnes, a career educator with some charter school experience that I’m sure won’t cause any issues at all for anyone in this election. Ahem. A possible complicating factor here (we do love complicating factors) is that there has been chatter about Jones running for City Council again, this time in District D. It’s not the first time that this possibility has arisen. To be clear, as far as I know and unlike that other time, Jolanda Jones herself has not said anything about running for Council. This is 100% speculation based on other people talking about it, which I as an irresponsible non-journalist am mentioning without bothering to check for myself. I do that in part because it allows me to dredge up the past discussion we had about whether the term limits law that existed in 2012 would have allowed Jones to run for Council again, and from there to pivot to whether the same questions apply to the updated term limits law. Jones served two two-year terms and would hypothetically be running for a third and final term, which would be for four years. Council members who were first elected in 2011, such as Jack Christie, got to serve a total of eight years via this mechanism, and because the updated term limits law that was ratified by voters in 2015 was written to exempt current Council members who were not on their third terms. Would that also cover a former Council member who had served two terms? I have no idea, but if the question became relevant, I feel confident that lawyers and courtrooms would quickly become involved, and we’d eventually get an answer. See why this was irresistible to me? Anyway, all of this is probably for nothing, but I had fun talking about it and I hope you did, too.

Now for HCC. There are three HCC Trustees whose terms are up: Zeph Capo (District 1), the aforementioned Dave Wilson (District 2), and Neeta Sane (District 7). We’ll start with Sane, whose district covers part of Fort Bend County. She is running for Fort Bend County Tax Assessor in 2020 (she had previously run for FBC Treasurer in 2006, before winning her first term on the HCC Board), and while she could run for re-election in HCC first, she appears to not be doing so. Erik’s spreadsheet has no candidate in this slot at this time.

Zeph Capo is also not running for re-election. His job with the Texas AFT will be taking him to Austin, so he is stepping down. In his place is Monica Flores Richart, who had run for HISD Trustee in my district in 2017. Capo is Richart’s campaign treasurer, so that’s all very nice and good.

And that’s where this gets complicated. Dave Wilson is the lone Trustee of these three who is running in 2019. He is not, however, running for re-election in District 2. He is instead running in District 1, where I’m guessing he thinks he’ll have a chance of winning now that the voters in District 2 are aware he’s a conservative white Republican and not a black man or the cousin of former State Rep. Ron Wilson. I’m sure Rhonda Skillern-Jones would have wiped the floor with him, but now he’s running for an open seat. He won’t have the same cover of stealth this time, though. You can help by supporting Monica Flores Richart and by making sure everyone you know knows about this race and what a turd Dave Wilson is. Don’t let him get away with this.

(Hey, remember the big legal fight over Wilson’s residency following his fluke 2013 election, and how he insisted that the warehouse he moved into was his real home? So much for that. I assume he has another warehouse to occupy, which is totally fine because our state residency laws are basically meaningless.)

Finally, while their terms are not up, there are two other HCC Trustees who are seeking other offices and thus may cause further vacancies. Eva Loredo, the trustee in District 8, has filed a designation of treasurer to run for Justice of the Peace in Precinct 6 next March, while current Board chair Carolyn Evans-Shabazz in District 4 is now a candidate for City Council District D. If Wilson loses (please, please, please) and these two win theirs we could have five new members within the next year and a half, which would be a majority of the nine-member Board. The Board would appoint replacements for Evans-Shabazz and/or Loredo if they resign following a victory in their other elections, and there would then be an election for the remainder of their terms. I will of course keep an eye on that. In the meantime, if you can fill in any of the blanks we’ve discussed here, please leave a comment.

Appeals court upholds dismissal of term limits lawsuit

Score one more for the city.

A Texas appeals court on Tuesday upheld a lower court ruling that struck down a lawsuit seeking to invalidate a 2015 voter-approved referendum extending term limits for city officials.

At issue in the suit was Proposition 2, a ballot measure that changed Houston’s charter to limit elected officials to two four-year terms instead of the previous cap of three two-year terms.

Community activists Phillip Paul Bryant and James Scarborough alleged in their lawsuit that former mayor Annise Parker and the city of Houston used “deceptive ballot language” to “selfishly expand term limits.”

Parker was term-limited out of office and did not receive a longer term due to the ballot referendum, which easily passed.

Eric Dick, an attorney for Scarborough, said he would appeal the case.

“I said from the beginning it’s going to be decided in the Supreme Court of Texas,” Dick said.

See here for the background, and here for a press release from the city. The court’s ruling is here, and the TL;dr version of it is “the district judge got it right when he ruled that the ballot language was sufficiently fine”. They rejected the plaintiffs’s argument that the ballot language was misleading. Obviously, the Supreme Court is gonna do what the Supreme Court is gonna do, but for now at least it’s all systems normal for this year’s election.

The 2019 elections

We haven’t forgotten that there are some big elections on tap for us this year, have we? Let’s go a quick rundown.

May elections

Election campaigns are already in progress in the cities that have May elections, which includes big cities like San Antonio and Dallas, and smaller cities in our area like Pasadena, Sugar Land, and Pearland. Pasadena will be a hot zone again, with first-term Mayor Jeff Wagner up for re-election and local Democrats hoping to win the District A seat they came so close to in 2017, which would give them a 5-3 advantage on City Council. I don’t have much to say about these races yet, but I will note that my friend Nabila Mansoor is running for City Council in Sugar Land, so I wish her all the best with that.

Houston – Overview

This is the first city election since 2015, thanks to the change in the term limits law. It’s also the first city election since the election of Donald Trump, and the two high-turnout, Democratic-sweep elections in Harris County. How will that affect the course of this election? Normally, even if we have a hotly contested Mayor’s race, we’d be looking at 200 to 250K turnout max – less if the Mayor’s race was not contested – but with all the newly activated people from the past two years, will things change? The betting money always says No until events prove otherwise. The one other thing that may affect turnout this year is the Metro referendum, which itself will be conducted for the first time with no John Culberson in office. So many factors in play, so all I will say for now is don’t believe any firm, confident pronouncements. There’s a lot of room for variance and for doubt at this time.

Mayor

It’s Sylvester Turner versus Bill King, Round 2, with the extra zest (maybe) of Tony Buzbee. And maybe others, too – will anyone be surprised if Ben Hall manages to get a story published about how he’s “thinking about” taking another shot at it? The last Mayor to fail to be re-elected was Kathy Whitmire in 1991. Past performance does not guarantee future outcomes, but I figure there’s a reason for that. It’s Turner’s election to lose, and King doesn’t have his signature talking point from 2015 now that pension reform has been achieved, by Turner. He’s clearly going to attack Turner, but as to what he might campaign on beyond that, I have no idea.

City Controller

Honestly, I’ll be surprised if Chris Brown draws anything more than token opposition. Controller isn’t that sexy a job, and Brown hasn’t done anything to draw the bad kind of attention to himself.

City Council

Districts A, B, C, J, and At Large #5 are term limited. I’ve already received two invitations to like Facebook pages for District C candidates (Nick Hellyar and Bob Nowak), and I’m aware of at least two more such candidates (Shelley Kennedy and Abbie Kamin). Durrel Douglas listed some potential District B candidates a few weeks ago, and there are rumblings in the other slots as well. Raj Salhotra has announced a challenge to Mike Knox in At Large #1, while Laurie Robinson appears to be gearing up for another run in At Large #5. I’ll be reviewing the finance reports for January when they start to come out, which may yield a few more names. For now, let’s just say I expect a lot of activity, and not just in the open seats. Four years is a long time to go between city elections, and lots of people are in a mind to run for something.

UPDATE: Forgot to mention that Sallie Alcorn, who had been Steve Costello’s chief of staff, has announced her candidacy for AL5.

HISD

Assuming we have HISD Trustee elections this November – we should know that for sure by August – the following Trustees are up in 2019: Rhonda Skillern-Jones, Sergio Lira, Jolanda Jones, and Diana Davila. Far as I know, all are planning to run for re-election. Lira was elected to fill out Manuel Rodriguez’s unfinished term in 2017, Skillern-Jones was forced into a runoff in 2015 and has had a rocky tenure as Board President, Davila upset Juliet Stipeche (now Mayor Turner’s education czar) in 2015, and Jolanda is Jolanda. I’m not currently aware of any opponents on the horizon, but I’m sure most if not all of them will draw someone. Assuming, again, we have HISD Trustee elections this November.

HCC

It will have been six long years, but we will finally have the chance to rid ourselves of the stain that is Dave Wilson, in HCC Trustee District 2, this November. Also up for election are Zeph Capo and Neeta Sane.

Metro

All of Harris County will have the Metro referendum, which is as yet unfinished, on their ballot in November. Again, I don’t have much to say about this yet, but this is one of my top interests for 2019. It will certainly be a component of the Mayor’s race as well. I figure if Metro could pass the 2003 referendum they have to be a favorite to pass this one, but you never know with these things.

That’s all I have for now. Next up will be the finance reports when they become available. If you know of any candidate announcements or other related news, leave a comment and tell us all.

The firefighter pay parity referendum won’t be decided by the voters

it will be decided by the courts. Here’s a story out of Austin to illustrate.

Former Travis County judge Bill Aleshire has sued the city of Austin in the Texas Supreme Court, challenging the ballot language of a proposition up for a local vote in November.

The lawsuit filed Monday challenges ballot language related to Proposition K, which calls for an outside audit of government efficiency at City HallThe Austin City Council approved the ballot wording last week.

At that council meeting, some supporters of the proposition bristled at the language, which includes a cost estimate for the audit of between $1 million and $5 million. Proposition backers complain the inclusion of the cost estimate will bias voters against the measure because the wording does not mention any possible savings that could result from an audit.

You can follow the links and read the writ, which is embedded in that Statesman. I don’t care about any of that. My point here is that while Council has voted to put the measure on the ballot, we don’t have ballot language yet. Does anyone think for even a minute that the language that Mayor Turner will provide and Council will approve will be satisfactory to all of the stakeholders in this fight? Does anyone think it is possible for this referendum to be a) simple enough for everyone to be clear on what they’re voting on, and b) thorough enough for it to adequately cover all the relevant details? These were the points of contention in the lawsuits over the term limits referendum, and the Renew Houston referendum. I’ve said this before and I’ll say it again: The losing side in this vote, whichever side it is, will file a lawsuit arguing that the ballot language was inadequate, inaccurate, unintelligible, whatever else. Given the lifespan of the Renew Houston battle – which as you know is still not over – we’ll be handing this fight off to the next Mayor, and that is very much assuming a second term for Mayor Turner. On top of all of the other reasons why this is a bad idea, this is why this is a bad idea.

July 2018 finance reports: City of Houston

Every level of government requires finance reports in January and June, whether or not there is an active election cycle in that year. That includes the city of Houston, whose january report data we inspected here. Our next election is in 2019, and while this is still traditionally a little early for there to be much activity, there are the finance reports. Here’s what we’ve got:


Candidate       Office    Raised      Spent     Loan    On Hand
===============================================================
S Turner         Mayor   585,267    137,758        0  2,260,407

C Brown     Controller    13,070     17,650        0     59,164

M Knox      At Large 1    28,225     12,691        0     62,856 
D Robinson  At Large 2    61,650     21,468        0    162,079
M Kubosh    At Large 3    72,475     23,841  276,000     82,360
A Edwards   At Large 4    40,345     26,349        0    147,883
J Christie  At Large 5     3,263      6,055        0     25,918

B Stardig       Dist A    56,439     24,738        0    116,794
J Davis         Dist B    22,750     12,487        0    147,300
E Cohen         Dist C    33,990     18,591        0     57,264
D Boykins       Dist D   126,000     55,556        0     96,400
D Martin        Dist E    43,900     17,226        0    123,730
S Le            Dist F     4,000      6,445   30,823     10,570
G Travis        Dist G    69,468     81,775   21,000     56,571
K Cisneros      Dist H    34,399      5,660        0     49,176
R Gallegos      Dist I    32,875     21,319        0     80,288
M Laster        Dist J    20,330      7,524        0    173,358
M Castex-Tatum  Dist K    15,375        339    3,788     43,822

A Parker                       0     10,383        0     82,854
L Green                    5,500     42,118        0     40,492
Lift the Cap PAC               0          0        0      3,987
Citizens to Keep               0      1,803        0     47,564
 Houston Strong

As you may recall, there wasn’t much in the way of fundraising for anyone except Mayor Turner last time. I don’t know if it’s due to the time of year, the approach of the next election, or the overall political climate, but as you can see nearly all of our elected officials have been busy. The report for Martha Castex-Tatum, who was elected in May to succeed the late Larry Green, is in a shorter period than everyone else since she had to post 30-day and 8-day reports for her cycle; the others are all for the full January through June time frame.

Looking at these numbers, only Jack Christie has acted like the term-limited Member that he is. Brenda Stardig, Jerry Davis, Ellen Cohen, and Mike Laster have been more or less business as usual. I’ve speculated before about the possible future ambitions they may have, and I don’t have anything to add to that. I’m sure there’s a reason why the three non-Cohen members have been stockpiling the loot like this, but until they do something tangible it’s hard to say what that might be.

Which doesn’t mean we can’t speculate at all. I look at what Dwight Boykins and David Robinson are doing and I wonder a little. Both are on the ballot next year for their final terms (as always, modulo future rulings in the interminable term limits litigation), and while Robinson had to fend off four challengers and win in a runoff in 2015, Boykins cruised home unopposed. It could be that Robinson is merely gearing up for the next battle while Boykins is doing his best to keep potential opponents at bay. It could also be that they’re looking beyond their next term to a time when both the Mayor’s office and the Controller’s office will be open seats. I have no idea and no evidence – like I said, I’m just speculating. Dave Martin is also in that “one more term and has a lot of cash” group, but we don’t tend to elect Mayors who fit Martin’s political profile, though perhaps Controller might appeal to him.

Be all that as it may, this is the first time since we switched to four-year terms and no blackout period for fundraising that we’ve seen incumbents establish a clear financial advantage for themselves. No one on the outside has yet taken a concrete step (like designating a campaign treasurer and raising their own money) towards running for a Council seat, but do keep in mind there are several now-former candidates for Congress in town who likely have some cash remaining in their coffers (sorry, I’m only checking on still-active candidates). Surely it would not be a surprise if one or more of them decided to act more locally next year. Given that possibility, it’s hard to blame any of the members who are up for re-election next year to take precautions.

The remaining reports I included because they’re there. As we learned after the death of El Franco Lee, the remaining funds in Larry Green’s campaign account are to be distributed by his campaign treasurer, whose name is Kevin Riles. As we see from Lee’s July report, there’s no particular rush to do whatever that turns out to be. I don’t remember what Citizens to Keep Houston Strong was about, but Bill White is their treasurer. I’m sure we’ll see plenty more PACs and PAC activity as we move towards referenda for firefighters’ pay parity and the revenue cap.

Judge sides with city in term limits lawsuit

The city wins for now, but we all know it’s not over yet.

Politicians at City Hall can continue serving four-year terms — at least for now — after a state district judge sided with the city of Houston Friday in a lawsuit seeking to void the November 2015 election in which voters lengthened elected officials’ terms from two to four years.

The plaintiffs, who plan to appeal, allege former mayor Annise Parker and the City Council misled voters in setting the ballot language for the proposition, which changed the city’s term limits to a maximum of two four-year terms, ending the system of three two-year terms that had been in place since 1991.

Local lawyer and Harris County Department of Education trustee Eric Dick sued, arguing the ballot language obscured the nature of the vote by asking whether voters wanted to “limit the length for all terms,” when, in fact, the change lengthened the maximum term of office from six to eight years. For council members first elected in 2013, the limit is 10 years — one two-year term followed by up to two four-year terms.

Judge Randy Clapp, a Wharton County jurist appointed to hear the case, granted summary judgment for the city on Friday, repeating phrasing he had used at a procedural hearing in the case two years ago, saying the city’s chosen language was “inartful” but not “invalid.”

See here, here, and here for some background. You know how I feel about Eric Dick and Andy Taylor and the bullshit they peddle – and remember, I say that as someone who voted against this referendum – so let’s just slide past that. I suppose I’m encouraged that the Supreme Court refused to intervene last year, but they will still have the last say and we know they don’t have any particular compunctions about overriding the will of Houston’s voters. I will also note that the original lawsuit was filed in November of 2015, a couple of weeks after the referendum was passed, and we just now have a ruling from the district court. We are still some unknowable number of years away from a final decision, and as with the Renew Houston case that final decision may just send the whole thing back to the lower court for a do-over. You see why I find the concept of a pay parity referendum for the firefighters to be so laughable? The lawsuit that will result from that, regardless of the verdict, may not be fully resolved until all of the firefighters who’d be affected by it are retired. The lawyers are warming up in the bullpen for it as we speak.

The elections we may get in 2018

We know there are going to be a lot of contested elections up and down the ballot in 2018, both primaries and the November general, for state, county, and federal office. There are also at least four possible elections I can think of that we may get in addition to these. Let’s review.

1. Firefighters’ pay parity referendum

Remember that one? Petitions submitted, but it took a long time for them to get counted and certified, so the deadline to get on the ballot was missed? Yeah, that’s still out there, and barring a verdict that the petitions were insufficient, we’ll get to vote on it. Everyone I’ve talked to says that it would be in May, which would be the next uniform election date. After going a number of years without any May elections, we could have them two years in a row. This one would almost certainly be contentious.

2. Revenue cap repeal/modification

Another one that we thought would be on the November ballot was a revenue cap referendum. In the end, the plan was shelved so as not to endanger the pension obligation bonds. The strategy worked – the bonds passed – so now it’s time to finish off this piece of business. The main question is one of timing. If the firefighters’ pay parity proposal passes, then no further charter amendments can be voted on for two years. That presents Mayor Turner with a choice: Work to defeat the pay proposal, and thus vote on revenue cap reform in November, or put the rev cap issue on the ballot in May alongside this issue? I can make a case for either, but I’m sure the Mayor would prefer to have this up in November. We’ll see how that plays out.

Also, too, there’s the question of what exactly this referendum will do. Initially, Mayor Turner spoke about modifying it, to allow more revenue growth that would apply to public safety. More recently, he seemed to be talking full repeal, which is of course my preference. Again, we’ll see what happens.

3. Metro referendum

Metro Board Chair Carrin Patman has been talking about a new comprehensive Metro referendum, to fund further rail expansion and bus system upgrades. That was put off from last year, and appears to be on track for this year. Details and scope are yet to be determined.

4. Harris County flood mitigation bonds

In the immediate aftermath of Harvey, Commissioners Court discussed the possibility of a bond issue for flood mitigation projects. I presume this is still on the table, but as yet it isn’t more fully formed than that. If I had to bet, I’d say this happens, but it’s by far the least developed. Look to see what the Court does and we’ll know from there.

Finally, I should note that there is ongoing litigation related to the 2010 Renew Houston referendum and the 2015 term limits referendum. The former has been sent by the Supreme Court back to the lower courts, and I suppose it’s possible that there could be an order for a do-over election this year. It’s not clear to me what we might vote on if that happens, as it was City Council action that actually authorized and set the fee, but that would be among the things argued about in court, so we’ll see. For the latter there has not been a trial on the merits of the lawsuit as yet, so we are a long way from a resolution. I just wanted to touch on these since I’m sure someone was wondering about them.

Harvey and the elections

Labor Day weekend of odd-numbered years is considered to be the opening weekend of Houston election season. The filing deadline has passed, so the fields are set and people (supposedly, at least) begin to pay attention. Candidate forums are held, endorsements are made, Chronicle candidate profiles are written, that sort of thing. Sure, some candidates have been at it for weeks if not months, but by tradition this is when things are officially underway.

This was always going to be a weird year in Houston, as we were either going to have no city elections or a mad dash for candidates and campaigns to get up and running, thanks to the 2015 term limits referendum and subsequent litigation. As someone who follows these things closely, I was partly enjoying the lull and partly beginning to fret about getting candidate interviews done for the HISD and HCC races we will have.

And then Harvey came to call. In addition to the devastation and misery, as well as triumph of the spirit, it has knocked the usual campaign schedule for a huge loop. I know of at least one candidate whose house flooded, but every candidate has suspended their campaign activities, out of respect for the victims and to pitch in for the recovery. I have no idea at this point when enough of us will feel normal enough to get back to the usual business of running for office and picking candidates to vote for. Election Day is November 7, so early voting will begin October 23. I think it’s safe to say we’re going to get that mad dash to the finish line, though likely with a lot of hearts not really in it. Though I totally understand this, it is a bit of a concern. HISD has even more challenges ahead of it, and two-thirds of its Trustee seats are up for a vote. Three Trustees are stepping down. One Trustee was appointed earlier this year to fill out the term of a Trustee who resigned. Another Trustee won a special election last December for the same reason. Only one Trustee who had previously been elected to a full term is on the ballot, current Board President Wanda Adams, and she has several opponents. The HISD Board will be somewhere between “very different” and “completely remade” net year. It’s a pretty big deal. The HCC Board has three contested elections, two for Trustees who won special elections to fill out terms, and one to succeed the disgraced Chris Oliver. Again, the potential for change is big.

The good news, I suppose, is that while basically no one is paying attention to any of these races, there are at least fewer races for them to not pay attention to. Imagine if we had a full slate of city elections going on now, too. Campaigns attract money and volunteer energy, two things that are desperately needed for Harvey relief right now. I have to say, I’m not unhappy with the way events in the term limits lawsuit played out.

Two more things. Harvey’s destruction was not limited to houses. It flooded out churches, schools, community centers, government offices, and many other places. Some roads are still under water, and Metro has not yet fully restored bus service – you can’t have buses on roads that are under water, after all. Some of these places are places where voting happens. Some of them may be ready by October 22/November 7, some may not be. Some may not be ready by next March, when the 2018 primaries are currently scheduled. It would be nice to know what kind of shape our polling locations are in, and what the contingency plans are for the sites that may not be ready in time. One possible solution, as put forth by Nonsequiteuse, is to allow people to vote wherever they can/wherever they want to. For a low-turnout odd-year election like this, a bunch of precinct polling places were always going to be combined anyway. It’s a small step from there to say that all polling locations will be open to all voters, as they are during early voting.

Also, too: Remember how I said that there will not be a Rebuild Houston re-vote on the ballot this November, but we should expect one maybe next year? This leads me to wonder, what exactly is the argument at this point to put this up for another vote? More to the point, what is the argument against having a dedicated fund, paid for by a fee charged to property owners based on their impermeable cover, these days? After reading enough hot takes on how a lack of zoning and unchecked development are to blame for Harvey to make me gag, I can only imagine what kind of punditry would be getting committed if we also had a ReBuild re-vote in two months. The principle at the heart of this litigation was that the people (supposedly) didn’t know what they were voting on because the ballot language was unclear. Does anyone think we’re still unclear on this now? Just a thought.

July 2017 campaign finance reports – City of Houston

Let’s continue our survey of campaign finance reports with reports from the city of Houston.


Name        Raised    Spent     Loans    On Hand
================================================
Turner     520,430  138,068         0  1,643,519

Stardig     59,470   36,402         0    102,289
Davis        5,500   13,231         0    147,050
Cohen        5,000    8,382         0     63,120
Boykins     93,839   40,547         0     57,358
Martin      20,092    8,221         0    106,427
Le          12,250    1,788    31,823      1,951
Travis      51,751   25,051    76,000     51,109
Cisneros    24,043    5,203         0     25,336
Gallegos    30,600    7,048         0     50,366
Laster      31,650    8,104         0    170,714
Green       17,150   39,770         0     84,627

Knox        21,185   13,373         0     23,149
Robinson    63,850   14,932         0     92,520
Kubosh      26,725   17,388   276,000     30,557
Edwards     73,843   31,295         0    144,198
Christie    33,090   20,323         0     31,458

Brown       59,220   19,494         0     79,101


HHRC        55,000   47,500         0     23,250
HTPR         3,625    1,652         0      3,624

As we now know, there will be no city elections of the non-referendum kind on the ballot this November. That would be one reason why there are no reports from anyone who has not already been a candidate. Only a couple of the reports belong to people who are not current or term-limited officeholders. These are folks like Bill Frazer, and none of them have any cash on hand worth mentioning. Actually, there is one person who may be of interest here, and that’s Helena Brown, who could run again in District A to succeed Brenda Stardig. Brown has $18,911.19 on hand, which would not be a bad start if she were so inclined.

I don’t want to dwell too much on this, but had the State Supreme Court dropped an election on us out of the blue, there was basically nobody outside of the current incumbents who have any resources for it. Usually, at this time of an odd numbered year, there are a lot of non-incumbent candidates, mostly circling around the offices that will be vacant. Whether people didn’t think the Supreme Court would take action, or if we were all just in denial about it, there were no candidates out there raising money. In a world where the Supremes had intervened, incumbents and people who can provide at least startup capital for themselves would have had a sizable advantage.

Now for those incumbents. We all knew Mayor Turner could raise money, right? All Houston Mayors can, it kind of comes with the office. Don’t underestimate the resources he could bring to a campaign over the firefighters’ pay parity proposal.

Despite the advantages for incumbents I talked about, four of the seven biggest cash on hand balances belong to those who can’t run – term-limited CMs Starding, Davis, Laster, and Green. Starding in particular makes me wonder what she was up to, raising all that cash this year. Usually, that makes one think maybe she’s looking at her next opportunity to run for something. I have no idea what that might be, but feel free to speculate wildly in the comments. Mike Laster has been mentioned as a county candidate once his time on Council ends. Maybe County Commissioner in Precinct 3 in 2020? I can speculate wildly too, you know.

I have a couple of PAC reports in there. HHRC is the Houston Heights Restaurant Coalition, gearing up for the next Heights alcohol referendum. HTPR is the Houston Taxpayers for Pension Reform, with Bill King as its Treasurer. Maybe that was for a vote on forcing a switch to defined-contribution system that is not in the works? They didn’t have much activity, and most of their expenditures went to an outfit called PinkCilantro for advertising. Other PACs of note with reports are Campaign for Houston, which I believe was an anti-HERO group from 2015 and have a $50,000 outstanding loan, and Citizens to Keep Houston Strong, which belongs to Bill White and which has $56,734.11 on hand.

Finally, two reports from former officeholders. Anne Clutterbuck, who was last a candidate in 2009, filed a final report, to dispose of the remaining funds in her account. She donated the balance – $5,094.55 – to the Hermann Park Conservancy. Last but not least is former Mayor Annise Parker, whose account still has $126,013.31 on hand. She may or may not run for County Judge next year – she has talked about it but so far has taken no action – and if she does that’s her starter’s kit. I’ll have more reports in the coming days.

There will be no city elections this November

Here’s the early version of the story. I’ll add a link to the full story in the morning.

The Texas Supreme Court on Monday denied plantiffs’ attempts to expedite their case challenging the [2015 term limits referendum] ballot language that lengthened city officials’ terms two years ago, making it unlikely the matter will be resolved before the state’s August 21 deadline to order a fall election.

Instead, the case is positioned to return to trial court for a hearing on whether the wording of the city’s proposition authorizing two four-year terms, instead of three two-year terms, was too obscure.

“There’s no way,” Austin election lawyer Buck Wood said. “I don’t see any way that they’re going to get any final order in time for the filing deadline.”

Plaintiffs’ attorney Eric Dick conceded the timing makes a November mayoral election “unlikely.”

“But I don’t think it’s impossible,” Dick added, saying he plans to ask the high court to reconsider its decision.

See here for the background, and here for a copy of the court’s order, which actually came down on Monday. We were getting dangerously close to what I figured would be the functional deadline for a ruling on the mandamus, in order to ensure enough time for people to file for office if they needed to. This doesn’t mean that we won’t get another election until 2019 – I’ve heard many people speculate about a special election next May, which I suppose could happen – but barring anything unexpected at this point, the case will plod on through the appeals process, which suggests that the people who were elected in 2015 will get to serve out most if not all of that four-year term.

UPDATE: Interestingly, there doesn’t appear to be a fuller version of this story on the website, and there was nothing I could find in the print edition this morning. Maybe tomorrow.

City responds to term limits mandamus

Here’s what the city had to say in response to the request that the Supreme Court vacate the district court ruling that let the 2015 term limits referendum stand and order an election for this November:

In an unusually blunt response filed last week, city attorneys accused plaintiffs’ attorney Eric Dick of an “unrelenting bum’s rush” and “near-hysterical ravings.”

“In short, (the plaintiff) cannot file a big pile of stuff, violate every rule designed to facilitate organization and efficiency, and expect other parties and the Court to try to sort through the mess and find any arguments and evidence in there on a ridiculously accelerated schedule,” lawyers from the City Attorney’s office wrote the state Supreme Court, responding to plaintiffs’ request to accelerate the case. “That is not due process. It is a tantrum.”

[…]

[The lower court ruling] positioned the case for a likely return to trial court for a hearing on the substance of whether the city’s ballot language obscured the nature of the vote by asking whether voters wanted to “limit the length for all terms.”

Dick was anxious for a faster resolution.

“Because of the crucial election timelines, there are extraordinary circumstances,” Dick wrote in a request for Supreme Court intervention.

He followed up last week with a motion to expedite after the court asked the city to reply by July 3, less than two months before the Aug. 21 deadline to call a November election.

See here for the previous update. I wish I had a copy of the full city response, but alas they didn’t send it out. The statutory deadline for having an election is the end of August as noted above, but I figure the realistic deadline is the end of July. People need to have some time to decide whether or not to run; you can’t just spring this on everyone a week before then. I don’t put anything past this Supreme Court, but I agree that every passing day reduces the odds of an election, and if we make it to August without an order it’ll be like making it to October without a hurricane – technically, there’s still time, but in real life it ain’t happening. Stay tuned.

When might the Supreme Court speak on the Houston term limits lawsuit?

So as you know there is an ongoing lawsuit over the language used in the 2015 referendum that altered the city’s term limits ordinance. It was filed shortly after the election, with the city winning the first round in district court. Appeals are ongoing, with the most recent ruling coming this past January on a procedural matter. In addition to all this, the plaintiff in the original suit filed a writ of mandamus with the Supreme Court on June 2 that asks them to direct the district court judge to vacate his previous order allowing the 2015 result to stand and to require city elections this November. I’m on the plaintiff’s attorney’s email list (for my sins, no doubt) and as he sent out a missive last week urging his followers to contact the Supreme Court and ask them to rule on the writ in time for an election to occur, I figured I ought to bring this up.

So as we are now halfway through June, I have to think that time is rapidly running out for a non-farcical election to be conducted this November. Normally at this time, multiple candidates for a variety of offices, especially the open ones, will have been at work for months. There are always people who pop up to run in July and August, including a few at the filing deadline, but by this point you usually have a pretty good idea of who is out there. Funds have been raised, materials have been printed, websites and social media presences have been built, volunteers have been recruited, etc etc etc. Campaigns require resources, and one of those resources is time. We’re basically four months out from the start of early voting. To get a campaign up and running from scratch, especially for an At Large position, that’s not a whole lot of time. It could be done, but it would greatly favor those who already have some of the other resources, namely money and some amount of name recognition. In other words, incumbents and people who can write a check to get their campaign going quickly.

For what it’s worth, the Supreme Court issued a ruling requiring a vote on HERO on July 24, 2015, which was in response to a writ of mandamus. That was about a referendum and thus didn’t directly involve any candidates, though I’d argue that it had a negative effect on the pro-HERO side, since the antis had been gearing up for a campaign for some time by then. Let’s call that the outer bounds of when a writ mandating city elections for this year may happen, though really I’d say that’s too late. Bear in mind that Council members Brenda Stardig, Jerry Davis, Ellen Cohen, Mike Laster, Larry Green, and Jack Christie are all in their last terms one way or the other, so if those terms wind up ending this year instead of 2019, a whole gaggle of hopefuls are going to have to get up to speed immediately. There’s no question that the Supreme Court has no qualms about meddling in the affairs of the city of Houston, but that doesn’t mean it feels compelled to do so. We ought to know soon enough.

January 2017 campaign finance reports: Houston officeholders

Normally, at this time I would be scanning through Houston candidate campaign finance reports, to see where incumbents stand at the start of the season. Of course, barring near-term court action there is no season for Houston municipal officeholders this year, and unlike past years they have been able to raise money during what had once been a blackout period. It’s still worth it to check in and see what everyone has, so let’s do that.


Name        Raised     Spent     Loan     On Hand
=================================================
Turner     681,972   177,867        0   1,312,028

Stardig *   39,361    24,088        0      79,980
Davis *      8,500    27,439        0     154,707
Cohen *      8,350    21,563        0      77,451
Boykins     26,400    23,820        0         186
Martin       4,250    17,469        0      95,896
Le          13,100    13,519   42,823       2,023
Travis           0    12,984   76,000      23,606
Cisneros     7,500    15,295      273       4,959
Gallegos    20,834    14,742        0      33,077
Laster *     3,000     6,292        0     145,071
Green *     10,000    52,652        0     107,248

Knox         6,275    20,061        0      16,737
Robinson    44,750    15,277        0      52,408
Kubosh      10,925    12,907  276,000      20,824
Edwards     42,401    18,379        0     110,660
Christie *   1,367    22,653        0      18,563

Brown       30,520    52,814        0      41,245


Parker           0    36,503        0     136,368
King             0        50  650,000           0

Asterisks indicate term-limited incumbents. I included Annise Parker and Bill King mostly out of curiosity. Parker can’t run for anything in Houston, but if she does eventually run for something else she can transfer what she has in this account to whatever other one she may need.

Clearly, Mayor Turner has been busy. Big hauls by incumbent Mayors are hardly unusual, it’s just that Turner had the benefit of more time to make that haul. A few Council members plus Controller Chris Brown were busy, though there was nothing that was truly eye-popping. I didn’t look at the individual forms beyond the totals page, so I can’t say what everyone spent their money on, but if I had to guess I’d say recurring fees for things like consultants and websites, plus the usual meals, travel, donations, and what have you. Loan amounts always fascinate me – you have to wonder if any of them will be paid back. Probably not.

It’s not too surprising that the term-limited members are among those with the largest cash on hand totals. They have had the longest to build it up, after all. I have to assume some of them – in particular, Jerry Davis, Mike Laster, and Larry Green – have a run for something else in their future. For what will be mostly a matter of opportunity. Of those who can run again in 2019, I’ll be very interested to see how their fortunes change between now and the next two Januaries. One way or another, 2019 ought to be a busy year.

City loses appeal of procedural argument in term limits lawsuit

Stay with me, because this is going to take a bit of explaining.

calvin-on-term-limits-for-dads

A state appeals court on Thursday rejected the city’s procedural challenge to a lawsuit that could force Houston’s mayor and city council members to revert to three two-year terms, from the two four-year terms voters approved in November 2015.

The Texas First Court of Appeals ruling did not address the merits of the underlying case, which centers on whether the city’s ballot language was misleading.

Rather, the court’s decision marks an incremental step in what is likely to be a lengthy appeals process that plaintiffs hope could trigger municipal elections as early as this fall.

Austin election lawyer Buck Wood, however, said he considers November mayoral and city council elections improbable, given the speed with which courts typically move.

[…]

The appellate court’s ruling affirms state District Judge Randy Clapp’s decision last year to reject Houston’s procedural challenge, which sought to get the case thrown out.

Clapp was not considering the substance of the case at the time, though he tipped his hand by calling the city’s ballot language “inartful” but not “invalid.”

Mayoral spokeswoman Janice Evans said Thursday the city attorney’s office is considering whether to appeal the procedural decision to the state Supreme Court.

If the trial court’s 2016 procedural decision holds, the case likely would return to Clapp for a hearing on the substance of whether Houston’s term limits ballot language obscured the nature of the vote by asking whether voters wanted to “limit the length for all terms.”

See here for the background. Where this gets confusing is that the original story didn’t explain all of what was happening in that first hearing. There was a motion by the plaintiffs for summary judgment, which was denied. That was the win for the city, as now a trial is required to settle the question of whether the ballot language was misleading or not. The rest of it was about procedural matters: Whether plaintiff’s attorney Eric Dick properly served the city notice of his lawsuit, whether the court had jurisdiction to hear the case, and whether attorney Andy Taylor could intervene to assist Dick. District Court Judge Clapp ruled against the city’s motion to dismiss on these matters. The city appealed that ruling, and the First Court of Appeals upheld Judge Clapp.

The city can appeal this ruling to the Supreme Court. If they do and they win, the lawsuit will be dismissed. If they lose, or if they choose not to appeal, the matter will be returned to Judge Clapp’s court for a trial on the merits of the lawsuit. The plaintiffs are hoping to get a ruling in time for there to be city elections this November; they claim August is the deadline for that, though I’d argue that more time would be needed for real campaigns to occur. However, as the story notes, even if the plaintiffs win, there’s no guarantee that city elections would follow as a result. What might happen instead is that the city would have to put a differently-worded term limits referendum on the ballot. That maybe could happen this November, or it might happen in 2018. Or even later than that, depending on how long it takes to get a ruling and how long the appeals of that ruling take. Remember how long it took to get a Supreme Court decision in the Renew Houston lawsuit? The 2010 referendum was subsequently voided more than a year ago, and yet here we are, with no new election for it in sight. Mayor Turner has joked that it will be up to his successor to get the term limits issue straightened out because it won’t be settled till after his eight years in office. I’m not sure he’s joking about that.

Booker T still running for Mayor

He says he’s serious. We’ll see.

Booker T. Huffman

On Tuesday, [Booker T. Huffman] sat down with KHOU 11 News to tell us how he plans to court voters in this new year, nearly three years before Election Day.

“I want the people of Houston to know that I’m one of them,” Booker T said.

You may know him from his days in the ring, but now he wants to be Houston’s next mayor.

“More than anything, I don’t go in to this thinking I know everything, I’m not a politician,” he said.

The 51-year-old grew up in South Houston and even spent time in prison before making his name with a pro wrestling career.

“This is my little crew right here,” he said in his home surrounded by his 6-year-old twins.

Now he wants to focus on helping kids in the inner city and getting people off the streets.

“In our city, there’s a law we can’t even feed the homeless. I just feel like instead of having a law like that, we should have a law on how we are going to feed the homeless,” he said.

We asked him if he was prepared to run against Mayor Sylvester Turner.

“Actually, that’s a foregone conclusion. I know I’m going to win the election,” Booker T said.

He admits people will question if he is qualified for the job.

“Over the next three years, you are going to realize it’s not a publicity stunt…This is real. This is not about me, like I said, it’s about the young people in the city of Houston,” he said.

See here for the background. Booker T sounds earnest and sincere and I don’t want to make light of that, but at some point he’s going to need to come up with a more comprehensive answer to the question of why he wants to run for Mayor, and why he should be elected Mayor in place of Mayor Turner. More specifically, he might consider registering to vote in Houston sometime between now and whenever he takes a formal step towards becoming a candidate. I searched the voter registration databases in Harris, Fort Bend, and Montgomery Counties and did not find anyone by the name “Booker Huffman” or “Booker T. Huffman” in any of them. Just a friendly suggestion from someone who pays attention to this sort of thing.

A look ahead to Houston’s 2017 elections

I want to return to something in that story about Mayor Turner’s 2017 agenda, which was near the bottom but which is a very big deal for the coming year:

A lawsuit over the ballot language used last year to extend terms to a maximum of two four-year terms, from three two-year terms, hovers in the background.

A state district judge ruled in March that the language was “inartful” but legal, and the case now is under appeal.

At stake in the near term is whether Turner and members of City Council must run for re-election in 2017 or wait until 2019.

See here for the background. Usually around this time I’m writing about the upcoming election year and what we have to look forward to. Thanks to this lawsuit, we could have a year with no city elections, or a year in which nobody knows we have city elections until April or May and everyone operates on an insanely accelerated schedule from there. With that in mind, let’s look at our Year of Elections 2017 with a frame of The Elections We Will Have, The Elections We May Have, and The Elections We Could Have.

The Elections We Will Have

Whatever else happens with the term limits lawsuit, there will be elections in HISD and HCC. The following trustees for each board are up for election this year:

HISD – Anna Eastman (District I), Mike Lunceford (District V), Greg Meyers (District VI), Anne Sung (District VII), Wanda Adams (District IX)
HCC – Carolyn Evans-Shabazz (District 4), Robert Glaser (District 5), Chris Oliver (District 9)

Mike Lunceford is not running for re-election, so his seat will be open. Greg Meyers has already submitted his resignation, and a replacement Trustee will be selected by the Board in January. It is not clear if the Board will prefer a caretaker who will not run for election in November or if the new member will try to stake a claim. Anne Sung of course won the special election to succeed Harvin Moore a couple of weeks ago. Whatever happens in November, the Board will have three different members in the traditionally Republican districts than it had at the start of 2016. That has some negative potential, as all three were devoted to public schools in a way that is not necessarily characteristic of modern Republicans, meaning that whoever wins in November could be more antagonistic than what we are used to seeing. We’ll have a better idea when we know who is selected to replace Meyers, and who emerges to run for these seats. As for Eastman, she is my Trustee and as far as I know she is in for another term, but I haven’t spoken to her in the last few weeks, and she has not made any formal announcements. I’m not aware of any reason why Adams would not run for another term.

In HCC, both Shabazz-Evans and Glaser won elections to complete the unexpired terms for trustees who had resigned following their 2011 campaigns. Evans-Shabazz was appointed to replace Carroll Robinson in District 4 in May of 2015, and then was unopposed for election. Glaser won a contested race to succeed Richard Schechter in 2013; appointed replacement Leila Feldman did not run for the seat. Oliver is a multi-term incumbent who easily defeated a challenger in 2011. Sometimes there are interesting things to say or look forward to in these races. This is not one of those times.

There will also be some number of constitutional amendments on the ballot in November, but we won’t know what they are until May or so when the Legislature finishes its business. If the term limits lawsuit goes down, preserving the new four-year terms for city officeholders, these referenda will be the only guaranteed items on your ballot this year.

The most interesting race in the area that is not in Houston will be in Pasadena, where Mayor Johnny Isbell is term-limited out and where the City Council lines may or may not be redrawn, pending the ruling in the voting rights lawsuit that is currently in the judge’s hands. That election will be in May. Other area cities such as Bellaire, West U, Sugar Land, and Rosenberg, also have elections in May. I hope to have some more information about some of these races in a subsequent post. Also of interest in May will be the San Antonio elections, where Mayor Ivy Taylor has some competition for a second full term. I’m sure I’ll do some writing about that as well.

The Elections We May Have

In addition to the statewide ballot propositions, there are two local ones that could be on your November eSlate machine, both of which could be quite contentious. Mayor Turner has stated his intention to put a referendum about the revenue cap on the ballot this year, though one presumes that could change if his pension reform bills do not pass. You can be sure that the opposition to this, mostly from the likes of Paul Bettencourt and no doubt with the help of the statewide Republican cabal, will be ferocious and very well-funded. Which in a way will be good for Mayor Turner, because if he can successfully cast this as a partisan issue, especially a “statewide Republicans meddling in our business AGAIN” issue, he ought to at least begin with the larger share of the vote. Getting those people to vote, whether or not there are other city elections to draw them out, will be the challenge. I suspect Mayor Turner doesn’t do anything without planning out how it will go, so I sure hope he has a plan for this one.

The other possible ballot item we might have is an updated Metro Solutions plan, which may include more rail construction projects, possibly including another shot at the Universities Line. This has been floated as an option by Metro Chair Carrin Patman, but it is not yet clear that it would be on the ballot, and if it would be there this year if so, and it is not yet clear what the scope of it would be. Needless to say, any rail component would generate some opposition, with a new Universities Line plan bringing out the usual suspects, some of whom would already be fully engaged in a revenue cap fight. It’s an interesting question whether you’d rather have this item on the ballot by itself, or in the same space as a revenue cap item. I’m glad that’s not my call to make.

The Elections We Could Have

This is the one that is entirely contingent on the Supreme Court, which as we know has not hesitated to stick its collective nose in our electoral business. If the 2015 term limits referendum is thrown out for having insufficiently clear wording, then the people who will be the most affected are the Council members who are in their last terms: Brenda Stardig, Jerry Davis, Ellen Cohen, Mike Laster, Larry Green, and Jack Christie. Cohen’s District C and Laster’s District J represent challenges for Democrats, as Bill King carried both districts in the 2015 Mayoral runoff. The ideal District C candidate is in the Anne Clutterbuck-Ellen Cohen spectrum, while the low turnout District J will always be a bit of a wild card. Against that, Dems will have opportunities in both Christie’s At Large #5 and first-term CM Mike Knox’s AL #1, though as we have discussed before, cattle call races with lots of similarly-profiled Democrats have benefited Republican citywide candidates in the recent past. The ideal here is for a candidate who begins with a lot of backing to get in and largely hoover up all the support – think Melissa Noriega in 2007, or Amanda Edwards in 2015.

I don’t want to spend too much time on this, as it’s even more speculative than usual, but I do want to at least put a marker on it, since if these elections do happen they may happen all at once, with little warning and not much time to prepare. I’ll be keeping an eye on this, and will be ready for either a busier or more relaxed interview season this fall.

Booker T for Mayor

Well, this is different.

Booker T. Huffman

Now that a WWE Hall of Famer is preparing to take the White House, a fellow honoree wants to take over Houston.

Booker T., a wrestling legend and Houston native, said Saturday night that he’s in to challenge incumbent Mayor Sylvester Turner in the 2019 election.

“You heard it, 2020 I’m preparing,” Booker said during his radio show. “I’m preparing myself to run for mayor of the city.”

Booker T. even took to Twitter to push the run, which would see a winning candidate inaugurated in 2020.

Turner took office in January. It’s unclear exactly what prompted Booker T. (real name Booker T. Huffman) to announce his intention to run.

But, the idea of breaking into politics prompted WWE superstar Rhyno (Terrance Gerin) to offer up that Booker T. would be a fantastic mayor.

“You are over qualified for the job,”said Gerin, who made an unsuccessful bid for the Michigan House of Representatives. “Wrestling not only prepares you for life but it prepares you for positions like that because you feel the emotion from the people you know what they want, you’ve built yourself from where you were to where you’re at now.”

Hard to know if he was being serious or not, but at the risk of being the guy who answers rhetorical questions, I’ll just simply point out that this job isn’t as easy as it looks. It’s also not clear whether the next election will be in 2019 or 2017 given the ongoing litigation over the term limits referendum; Lord knows the Supreme Court has had no compunctions about meddling in the city’s electoral affairs. I like Mayor Turner, but even if I didn’t, I’m exactly the wrong person to feel excitement about a potential novelty/celebrity candidate. By all means get involved, Booker T, just please do so on the basis of something other than simply being Booker T. Ken Hoffman has more.

Endorsement watch: The one man term limits debate

Here’s one of the more interesting endorsements so far.

Commissioner Steve Radack

Commissioner Steve Radack

Steve Radack is at once an argument for and against term limits.

The Precinct 3 county commissioner and former Precinct 5 constable, who will turn 67 before Election Day, has been in his seat for 28 years and wants voters to sign him up for 32. Radack’s decades of experience have made him a fount of knowledge about his sprawling west Harris County precinct and all the flooding, traffic and budgetary issues that face the 1 million-plus people who live in the mix of cities and unincorporated county. He’s earned the trust of constituents and is well positioned within the political system, allowing him to break the usual partisan bonds that unfortunately restrain other elected officials.

[…]

However, when it comes to passion or new ideas for his sprawling precinct and the county as a whole, the longtime incumbent lacks the excitement and innovation of a bright-eyed upstart trying to impress the public.

When asked about how the county should handle continuing growth in unincorporated regions, Radack’s only major recommendation was allowing the county to assess a sales tax.

Constable and Justice of the Peace precinct lines haven’t been updated in decades, but Radack opposed equalizing their populations because it would disrupt the sitting politicians.

And Radack didn’t exactly show his connection with homeowners’ immediate needs when he spent time during a public meeting on flooding to lament insurance fraud. In a particularly poor choice of words, he said that some people “enjoy floods.”

His concerns may be technically correct, but that’s not what people need to hear after they’ve lost their homes. It isn’t the sort of mistake that a newly elected commissioner would make while still trying to win over the constituency.

I’m often amused by the lack of interest in term limits for County Commissioners, given how much power they wield compared to every non-Mayoral elected official in Houston. Doing such a thing would require a constitutional amendment, so the procedural reticence is understandable, though you’d still think someone would mention it once in awhile. As it happens, there’s been some turnover on the Court recently, though for non-electoral reasons in two of the three cases. Radack is a strong favorite to win his eighth term, though perhaps his recent comments about flooding will dog him. At least he’ll always have this Chron endorsement.

Council approves proposed finance law changes

That was easy.

BagOfMoney

City Council approved changes to Houston’s campaign finance law Wednesday with no discussion, effectively doubling contribution limits per general election cycle and boosting the amount many candidates can reimburse themselves for personal loans.

The revisions, which go into effect Friday, are meant to clarify rules left unclear after the court struck down the city’s fundraising blackout last year and voters extended terms to four years from two years.

Rather than collecting a maximum of $5,000 from individuals and $10,000 from political action committees per two-year election cycle, candidates will be allowed to raise that much during the first two years of their term, and then do so again during the second two years. The contribution cycle would reset if the candidate were forced into a runoff.

The new rules also permit council and controller candidates to repay themselves tens of thousands of dollars more for personal loans they make to their campaigns.

Mayor Sylvester Turner reiterated during a news conference Wednesday that the changes are intended to reconcile the old two-year fundraising cycle with the current four-year cycle, though some viewed the modifications as a boon to incumbents and wealthy candidates.

“That was just an attempt to try to just mirror what has been the case and simply just adapt it to a four-year term,” Turner said.

See here for the background. This must not have been too controversial, because no one even tagged it. CMs Christie and Edwards were the only No votes. The Chron editorial board does not approve.

Contribution limits are supposed to serve as a check on corruption, but good government advocates aren’t the only people who support them. One of the odd little secrets of politics is that a lot of campaign donors actually like these rules. The disgraceful truth is that writing fundraising checks to elected officials is widely considered an unavoidable cost of doing business with government, so quite a few lobbyists will privately tell you they wish contribution limits were even lower.

Last year, in the same election that put Sylvester Turner in the mayor’s office, Houstonians voted to change the city’s term limits. Instead of holding municipal elections every two years and limiting elected officials to a maximum of three terms in office, voters opted for holding elections every four years and a maximum of two terms.

If you cast a ballot in that term-limits referendum, you might have reasonably assumed the new, longer terms also meant city politicians could drag the sack for campaign cash only once every four years. But if that’s what you thought, dear voter, you’ve been bamboozled.

In a cynical act of self-preservation, Houston’s mayor and City Council Wednesday adopted new campaign finance rules that essentially double the maximum contributions they can collect from each individual donor and political action committee before any election. Even though voters decided to let them stay in office four years between elections, our city’s elected leadership bestowed upon themselves the right to squeeze donors for campaign checks every two years.

I just don’t feel that strongly about it, mostly because I don’t think the amounts involved will have any effect on the outcome of elections. I agree that the way this ordinance was written it gives an advantage to incumbents. Simply doubling the amount that could be raised in a four-year period rather than allowing the same amount to be raised twice would have made it easier for challengers to keep up. I wonder if the donor class, who I agree would rather not have to write more checks if they can avoid it, will necessarily play along. As I noted before, it was already the case that very few PACs made the maximum $10K donation that had been allowed to candidates. Just because they can give more in our now-longer election cycle doesn’t mean that they will. As always, we’ll have to keep an eye on the finance reports to see what effect there is from this.

Mayor proposes raising contribution limits

Not sure how I feel about this.

BagOfMoney

Incumbents and wealthy candidates would get more of an advantage under proposed changes to Houston’s campaign finance law, which would effectively double contribution limits per general election cycle and allow many candidates who pour money into their own campaigns to recoup more of that cash.

The modifications, reviewed Thursday by the City Council’s budget and fiscal affairs committee, are designed to clear up rules left ambiguous after the city’s fundraising blackout was ruled unconstitutional last year and voters extended terms to four years from two years.

The looser regulations would allow candidates to raise twice as much from individuals and political action committees ahead of the general election, by splitting the four-year term into two two-year contribution cycles. That means that rather than collecting a maximum of $5,000 from individuals and $10,000 from political action committees per election, office seekers would be able to raise that amount during the first two years of their term, and then do so again during the second two years. The cycle would reset again if a candidate were forced into a runoff.

Mayor Sylvester Turner framed the proposed changes as an effort to maintain continuity with the city’s old two-year election cycle, though some viewed them as a way for incumbents to boost their financial advantage.

With the changes, Turner said, “any person can’t give any more in four years than they would have been able to give under two two-year terms.”

The proposed new rules – which would go into effect July 1 if approved by the council next week – also would permit council and controller candidates to reimburse themselves tens of thousands of dollars more for personal loans.

[…]

Local fundraiser James Cardona criticized the changes as “incumbent protection”.

“It’s not a win for the city in elections,” Cardona said. “Now, you have incumbents getting double (maximum contributions) going into an election. … How’s the little guy going to fight that off?”

Texas Southern University political scientist Jay Aiyer agreed the new rules would favor incumbents.

“As a practical matter, you don’t declare for office four years in advance,” he said.

Turner countered that if a challenger wants to run, he or she can start raising money immediately.

“They may look and see what I’m doing, may decide, ‘We’re not going to wait. We want to just get started right now.’ They have that right,” Turner said. “We’re not holding anybody in abeyance or holding them back.”

On the one hand, it does seem reasonable to reflect the fact that we have four-year cycles now instead of two-year cycles in our fundraising rules. Anyone who is ambitious enough to launch a campaign early in the cycle can take advantage of this, which is consistent with the earlier court ruling that tossed out the blackout period. The total amount of money in questions is probably less than you think – while there are plenty of $5K max individual donors, there are only a handful of $10K PAC donations in a given cycle as far as I can tell from looking through all the finance reports as I do. Those who do well with the usual large-check-writing suspects will likely be able to add $50K to $100K to their overall totals. That isn’t nothing, but a decent chunk of that will wind up going to overhead expenses like campaign consultants, and what’s left will likely wind up as an extra couple of mailers. No one is going to take over the airwaves with that kind of money.

That said, this absolutely will benefit incumbents. Jay Aiyer is right, in practice no one starts campaigning that early, though I suppose that could change over time as everyone gets used to the four-year terms. Continuing to limit the donations to $5K for individuals and $10K for PACs per two years seems reasonable, but it does mean that anyone who isn’t already raising money early on will still be limited to the original amounts. If we want to level the field a bit more for later entrants, get rid of two-year periods for the limits and just allow individuals to give a total of $10K and PACs a total of $20K per candidate over each four-year cycle. I’m not sure what the every-two-years aspect of this is supposed to achieve. If we are going to change the limits, this is how I’d prefer to do it. Campos has more.

Mayor Turner names new City Attorney

From the inbox:

Ronald Lewis

Mayor Sylvester Turner has announced his selection of Ronald C. Lewis as the new city attorney. Like the mayor, Lewis is Harvard educated and has run his own law firm.

“I wanted a lawyer’s lawyer, someone highly respected who can relate well to me as well as City Council and the general public,” said Mayor Turner. “Ronald certainly fits this description. He is an outstanding lawyer with excellent credentials and the experience necessary to run the law firm that is part of City government.”

Before co-founding Marshall & Lewis LLP in 2006, Lewis was a partner at Baker Botts LLP, which he joined right after graduating from Harvard with honors in 1983. He is a trial lawyer with more than 30 years of experience handling complex cases for businesses and individuals in the energy, real estate, construction, financial and manufacturing industries. He is a member of the State Bar of Texas and the Houston Bar Association as well as a Life Fellow at the Houston Bar Foundation, where he was chairman of the board in 2000. His undergraduate degree is from the Woodrow Wilson School of Public and International Affairs at Princeton University.

“I look forward to serving the people of Houston, their elected officials and city employees,” said Lewis.

Lewis’ professional affiliations include the Best Lawyers in America, the American Law Institute, and The International Association of Defense Lawyers. In addition, he has served as a member of the Houston Bar Association Minority Opportunities in the Legal Profession Committee, as a steering committee member for the State Bar of Texas Minority Counsel Program and on the Commission for Lawyer Discipline. He volunteers for the Center for Public Policy Priorities and has previously served as a member of the University of Texas MD Anderson Cancer Center Board of Visitors, the South Texas College of Law Board of Trustees, Texas Appleseed, Neighborhood Centers Inc., and Junior Achievement of Southeast Texas.

Lewis was selected after a competitive search coordinated by a panel comprised of local lawyers. There were about 30 applicants who went through the selection process. Houston City Council is expected to be asked to confirm Lewis’ appointment in two weeks. He will start work May 2, 2016 and is replacing retiring City Attorney Donna Edmundson, who has agreed to stay through the end of May to help with the transition.

As the Chron story notes, Lewis has maintained a fairly low news profile, with “his selection by Harris County officials to represent disgraced former District Attorney Chuck Rosenthal in a 2008 contempt of court case related to Rosenthal’s deletion of emails that were under subpoena in a federal court case” being the only cited exception. Lewis inherits the ReBuild Houston re-litigation and the ongoing term limits ballot language lawsuit as his main action items. Beyond that, we’ll have to see what his priorities are. Welcome aboard, Ronald Lewis.

UPDATE: Here’s the full Chron story.

City wins first round of term limits ballot language lawsuit

It’s round one, of course, but it’s still a win.

calvin-on-term-limits-for-dads

The ballot language Houston voters used to change term limits for elected officials was “inartful” but not “invalid,” a state district judge ruled Wednesday, a move that nonetheless left the plaintiffs claiming victory ahead of an expected appellate battle.

[…]

Much of the debate before Judge Randy Clapp, a Wharton County jurist appointed to hear the case, focused on procedural matters: Whether Dick properly served the city notice of his lawsuit, whether the court had jurisdiction to hear the case, and whether attorney Andy Taylor could intervene to assist Dick.

Clapp acknowledged higher courts would not be bound to his view of whether the ballot language was misleading or omitted key facts, the tests under the law.

Still, he ruled in the city’s favor, having described his thoughts in an exchange with Taylor.

“My personal feeling at this point is, the omission part is pretty weak,” he said, noting case law says ballot items need not be comprehensive. “But the misleading part is, I think, the stronger allegation you make because of the choice of words involved.”

That Clapp ultimately did not find the ballot language unlawful was less important than his decision to rule on all motions before him on Wednesday, Taylor said, because the case will move to the appellate courts all at once. That will limit the city’s ability to, as Taylor views it, “run out the shot clock” by relying on procedural delays to push the case past November 2017, when the next city election would be held if the terms reverted to two years.

“The thing that was the most important here was that we get a ruling from the trial court so that we can go up to the appellate court where this is ultimately going to be decided,” Taylor said. “We’re confident the appellate courts will rule that this ballot language was both deceptive and misleading.”

See here, here, and here for the background. You have to admire Andy Taylor’s ability to declare that a loss is a win. Clearly, he missed his calling as the coach of a sports team. Anyway, as far as the timing goes, for Taylor and Dick to actually get a win, I think you’d need to have a final ruling by no later than a year from now, probably more like by next February. I mean, the filing deadline for a November of 2017 election would be around Labor Day, so in theory you could go as late as mid-July or so for a filing period, but that doesn’t leave people much time to fundraise. If someone wanted to run for Mayor, for example, or even for an At Large Council seat, they’d want to get started a lot sooner than that. Is next April enough time for an appeals court and the Supreme Court to rule? I guess we’ll find out.

UPDATE: KUHF has more.

Term limits plaintiffs respond to dismissal motion

It’s about what you’d expect.

calvin-on-term-limits-for-dads

Last November Houston voters approved an amendment to the city charter that changed the length and maximum number of terms elected officials can serve.

The lawsuit by Phillip Paul Bryant alleges the language on the ballot tricked voters into thinking they were voting for limiting terms, when they really extended them.

But the city says the plaintiff missed the deadline to deliver the citation.

“And so the city’s legal department has filed a plea to the jurisdiction, essentially saying that you filed a lawsuit but you didn’t give timely and proper service,” Mayor Sylvester Turner says. “And as a result the lawsuit should be dismissed.”

The city also claims the wrong person was served because the certified mail was accepted and signed by a city employee who works in the mail room instead of then-Mayor Annise Parker.

Eric Dick, attorney for the plaintiff, dismisses both arguments. He points out the Texas Election Code only says a citation has to be returned to the court if it’s not served within 20 days.

He says if you miss the deadline, you can try again.

“There’s no case law to follow what they’re saying. They’re just making stuff up,” Dick says. “It’s sanctionable. It’s frivolous. They can’t win on the merits of the case, so they’re just lying. It’s a straight-up bold-face lie.”

Theodore Rave, professor at the University of Houston Law Center, says the problem with the plaintiff’s assertion is that election contests need to be filed within 30 days after an election.

“It’s possible that if the plaintiffs had, within that original 30 days after the election, gone back to the court and asked for a new citation, that might have reset the 20-day clock and the plaintiff could have served that new citation within 20 days,” Rave says.

The lawsuit was filed in time but the city wasn’t served until six weeks after the election.

See here for the background. You can see the original petition and the city’s motion to dismiss at the link above. Dick sent out a typically bluster-filled press release on Monday with his assertions about what the law really is. All I know is there will be a hearing on February 26, and we’ll see what a judge has to say about it.

The Scalia effect on current cases

The Trib highlights a few cases pending before the Supreme Court that could be affected by the death of Justice Antonin Scalia.

Antonin Scalia

Texas abortion law

On March 2, the court will hear oral arguments in Whole Woman’s Health v. Hellerstedt, which challenges Texas’ 2013 abortion law. Beyond deciding the constitutionality of a law that could shut down about half of the state’s 19 remaining abortion clinics, the Texas abortion case gives the Supreme Court an opportunity to clarify how far states can go in restricting abortion.

In 1992, the court ruled that states can impose abortion restrictions as long as they do not place an undue burden on a woman’s ability to obtain an abortion.

Lower courts across the country have disagreed, however, on what constitutes an “undue burden.” Activists on all sides are hoping the high court will provide a clearer definition in its decision in the Texas case. That case centers on the state’s requirement that abortion clinics meet hospital-like ambulatory surgical center standards — which include minimum sizes for rooms and doorways, pipelines for anesthesia and other modifications. In June, a three-judge panel of the U.S. 5th Circuit Court of Appeals largely upheld the new abortion restrictions, saying the new law does not impose an undue burden on a majority of Texas women seeking abortions.

Justice Anthony Kennedy could be the swing vote. If he sides with the conservatives on the court, the resulting 4-4 tie would affirm the lower court ruling.

The lower court also granted the relatively remote Whole Woman’s Health in McAllen an exemption to some narrow elements of the ambulatory surgical center requirements and from a separate provision of the law that requires doctors who perform abortions to have admitting privileges at a hospital within 30 miles of an abortion clinic.

Barring a tied vote, a decision in the Texas case could also determine the constitutionality of restrictions in place in other areas of the country. As of November, 10 states had adopted admitting privileges requirements, but courts blocked enforcement in six of those states, according to the Center for Reproductive Rights. Six states had enacted ambulatory surgical center standards on abortion facilities. Those restrictions were not in effect in two of those states.

Immigration

The high court also agreed to hear the state’s case against the Obama administration’s controversial executive action on immigration that was announced in November 2014.

Known as Deferred Action for Parents of Americans and Lawful Permanent Residents, or DAPA, the action would shield more than 4 million undocumented immigrants in the country from deportation proceedings and allow them to apply for three-year work permits. Lower courts have ruled to halt the policy three separate times.

The Supreme Court agreed to hear the case in January but has yet to schedule arguments.

[…]

UT-Austin’s affirmative action policy

The death of Scalia cast uncertainty on many important cases before the Supreme Court, but probably won’t have a major impact on the decision in Fisher v. the University of Texas at Austin, which is a case about the constitutionality of affirmative action.

Justice Anthony Kennedy is still the likely swing vote, just as he was before Scalia died.

Abigail Fisher, who is white, contends she was unconstitutionally denied admission into UT-Austin in 2008 because of her race. UT-Austin considers the race of a small portion of its applicants, and black and Hispanic students often get a slight advantage in that pool of admissions. If Fisher wins her case, UT-Austin might be unable to consider the race of its applicants in the future. A broad ruling against UT-Austin could even end affirmative action nationwide.

Scalia, a longtime opponent of affirmative action, was almost certain to vote against UT-Austin. He was in the dissent in Grutter v. Bollinger in 2003, when the Supreme Court upheld the practice of affirmative action in a limited way.

[…]

Redistricting

Finally, the justices heard arguments last year on a Texas case that questions a basic idea in American election law. In Evenwel v. Abbott, the plaintiffs argue that their voting power is diluted by the way Texas draws its state legislative districts, saying those lines should be based on the number of eligible voters in each district and not on population.

Congressional districts are based on population, as directed in the Constitution. The Evenwel case challenges Texas Senate district lines; a decision allowing states to use eligible voters as a base could shatter current lines here and in other states that want to make the change, remaking the distribution of power in state legislatures. That decision is pending.

The court has already accepted those four cases, among others, but doesn’t have to do anything this term if the justices decide to change course.

If the justices don’t want to rule on a case they’ve already accepted, they can announce it was “improvidently granted,” which means lower court ruling holds, [Sanford Levinson, a constitutional law expert at the University of Texas at Austin] said. They can hold over any unheard cases they want until they have a ninth colleague, and they can rehear oral arguments with a ninth colleague if they want to wait or they think a ruling with a four-person majority would be too controversial.

“It certainly wouldn’t surprise me if they hold over some stuff where time really isn’t of the essence,” Levinson said. “You can make this argument of the election case [Evenwel]. If they hold it over, the world won’t come to an end.”

There’s a lot of good commentary out there about What This All Means, at least in the short term – see Think Progress, SCOTUSBlog, and Rick Hasen, for example. The main point to keep in mind is that in any case where SCOTUS winds up splitting 4-4, the ruling of the lower court would stand. From my perspective, that’s a good thing in some cases – Friedrichs being one example, Evenwel being another – and not so good in others, specifically Whole Woman’s Health and the DAPA case. In addition, in some cases that kind of result could also mean a split in the appeals courts. There are plenty of abortion restriction lawsuits out there, over laws similar to what Texas passed, and a number of other federal courts have struck them down. It’s not hard to imagine at least one appeals court upholding the lower court on those rulings, thus making laws like Texas’ legal in some states but not in others. Texas’ law is currently on hold thanks to SCOTUS, so one way to avoid this problem would be for the Court to delay hearing the appeal until they’re back at full strength. Or maybe the good Anthony Kennedy will show up and Texas’ law will get struck down on a 5-3 vote. Let’s just say that John Roberts has a lot to think about and leave it at that.

One other thing: Justice Scalia’s death has revived the idea of term limits for Supreme Court justices, an idea that has fairly broad support. Ted Cruz is a proponent of the idea, though as is always the case with Cruz, he has bad reasons for doing so. I’m perfectly fine with the idea of limiting Justices to 18 years on the bench. It’ll take a Constitutional amendment, so the odds of it happening are infinitesimal. but if it gains momentum that will be okay by me. For what it’s worth, prior to Scalia’s death, there were five Justices who had already served more than 18 years, and three of them were appointed by Republican Presidents: Scalia, Kennedy, and Clarence Thomas, along with Ruth Bader Ginsburg and Stephen Breyer. Make of that what you will.

Term limits lawsuit against city could be dismissed

This was unexpected.

calvin-on-term-limits-for-dads

Last November, Houston voters approved an amendment to the City Charter that changed the length and maximum number of terms elected officials can serve.

The lawsuit by Phillip Paul Bryant alleges the language on the ballot tricked voters into thinking they were voting for limiting terms, when they actually extended them.

But the city says the suit should be dismissed because the plaintiff missed the deadline to deliver the citation by one day.

“It sounds like the city has a good argument,” Matthew Festa, professor at the South Texas College of Law, says. “And as much as we don’t want important issues to be resolved by technicalities, those are the rules of the game.”

Kevin Fulton, one of the attorneys for the plaintiff, says they are looking at the city’s argument and possible case law in their favor.

See here for the background. This is the only story on this that I have seen, and it’s not exactly clear on what deadline was missed, when the judge may consider this argument by the city, and any other details that may be relevant. As such, I’m a wee bit hesitant to put much emphasis on what may turn out to be a minor technicality that quickly gets smoothed over. If there is something to it, we’ll find out soon enough.

All that said, I’m ambivalent at best about this change to term limits – as you know, I voted No and I have stated several times since then that I think the effect of this change will be way more extensive than we currently know – but I’m also generally opposed to lawsuits that challenge the result of elections like this, especially when the argument is that the voters were too stupid to know what they were voting on. If this lawsuit winds up getting tossed because the attorneys for the plaintiffs were too incompetent to follow the rules in submitting their paperwork, it’ll be pretty damn funny.

Resign to run has kicked in for Council members

Another change that our new term limits law has wrought.

Houston elected officials who become a candidate for another elected office are now automatically required to resign their current seat, uncharted territory for city officeholders who previously had not been subject to the so-called “resign-to-run” provision of the Texas Constitution.

The requirement that has long applied to county officials also covers officeholders in municipalities whose terms are longer than two years. Voters extended the terms of Houston elected officials to four years, from two, last November, triggering the change.

The “resign-to-run” clause pertains to those with more than one year and 30 days left in their terms who announce their candidacy or become a candidate in any general, special or primary election.

The provision does not appear immediately to affect three City Council members – Dwight Boykins, Jerry Davis and Larry Green – who have expressed interest in the late Harris County Commissioner El Franco Lee’s seat, because it would not kick in until Democratic precinct chairs select someone to replace Lee on the November ballot.

[…]

Executive committee nominations aside, a memo sent Tuesday by City Attorney Donna Edmundson and obtained by the Chronicle defines “announcing candidacy for office” as “making a written or oral statement from which a reasonable person may conclude that the individual intends, without qualification, to run for an office.”

Edmundson added: “A statement made in a private conversation does not constitute an announcement of candidacy for the purposes of the ‘resign to run’ provision. Likewise, a statement indicating an interest in an office is not considered an announcement of candidacy.”

[Mark] Jones said the new rules further constrain elected city officials.

“Previously, they effectively could have their cake and eat it, too, in that they could run while keeping their City Council position,” Jones said. “Now, they’re going to have to actually make a hard choice, which in some cases may be a risky move.”

Yes, but let’s not go overboard. Not that many people that would have been affected by resign-to-run took advantage of their prior exemption from it. Going back a decade, I can think of six sitting municipal officeholders who were also candidates for other offices. Three of them were in the last year of their final term – Bill White in 2009, Wanda Adams in 2013, and Ed Gonzalez in 2015 – and thus had less than a year and a month remaining in office. Only three people would have had to resign to run – Shelley Sekula Gibbs, who ran for Congress in 2006; Adrian Garcia, who ran for Sheriff in 2008; and Mike Sullivan, who ran for Tax Assessor in 2012. Sekula Gibbs and Garcia resigned after winning their November elections, thus triggering special elections to succeed them the following May, while Sullivan resigned after winning his primary, which allowed the special election to fill his seat to happen that same November.

The rest of the story is about filling Commissioner El Franco Lee’s spot on the November ballot, and it’s mostly stuff we already know. The main thing here is that this change probably won’t have much effect, though it could alter how some incumbents view the rest of the election cycle. If anyone decides to run for something in 2018, we’ll know.