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First impressions of the 2014 results

My initial thoughts, for what they are worth.

- Let me begin by saying that for all the criticism I had of the UT/Texas Trib’s polling and the skepticism of Internet-sample methodology, they were fairly accurate in the end. In particular, the last YouGov result just about nailed it. I still think what they do is more alchemy than anything else, and their subsample results often look ridiculous, but however they did it, they got it right and they deserve credit for it.

- I’m sure we’re about to be deluged with critical stories about Battleground Texas and public doubts about their future viability – the Trib and the Observer are already on it – but I have to ask, given the way this election went nationally, why they are more deserving of scorn than anyone else. In particular, how did they do any worse than the DCCC, DSCC, and DGA? The DSCC’s fabled “Bannock Street Project”, which was supposed to save the Senate by increasing Democratic turnout in battleground states, was a spectacular dud. Democratic candidates for Governor lost in such deep red states as Illinois and Maryland. Hell, the chair of the DGA, Vermont Governor Peter Shumlin, who pooped on Wendy Davis’ campaign a few months ago, failed to get a majority of the votes in his own election. BGTX doesn’t have much to brag about today, and I have no doubt they could have done plenty of things better. But I know a lot of people – friends of mine – who worked their tails off for BGTX and the Davis campaign, and I will not demean the work they did. If you want to criticize them, go right ahead, but please be specific about your complaints. I’m not going to pay attention to any generalized rants.

- Davis didn’t come close to matching Bill White’s vote total, and no statewide Dem reached 40% of the vote. That’s the harsh truth, and there’s no sugarcoating it. The funny thing is, though, for all the talk about turnout being down, it wasn’t actually Democratic turnout that was down. Here’s a comparison of the vote totals for the Democrats running for the top four offices over the last four non-Presidential cycles:

2002 2006 2010 2014 ======================================================= Governor 1,819,798 1,310,337 2,106,395 1,832,254 Lt Gov 2,082,281 1,617,490 1,719,202 1,810,720 Atty Gen 1,841,359 1,599,069 1,655,859 1,769,943 Comptroller 1,476,976 1,585,362 N/A 1,739,308

Davis didn’t peel crossover votes away from Abbott the way White did from Rick Perry, but beyond that I don’t see a step back. If anything, it’s an inch or two forward, though of course that still leaves a thousand miles to go. Where turnout did decline was on the Republican side. Greg Abbott received about 360,000 fewer votes than he did in 2010. Given the whipping that Republicans were laying on Dems across the country, one might wonder how it is they didn’t do any better than they did here.

One thing I’m seeing, and I’ll have more to say about this tomorrow, is that some people seem to think that because Davis got about 265K fewer votes than Bill White that means that overall Democratic turnout was down by that amount. In a word, this is baloney. White drew the votes of some 300K people that otherwise voted Republican. Their presence in his tally was nice for him, and would have been critical in a different year, but they had nothing to do with Democratic turnout. I am at a loss for why people are making that claim, and why they are overlooking or ignoring the gains in the races just below the Governor’s race, where a coordinated turnout effort would have an effect. Like I said, more about this tomorrow.

- Harris County wasn’t any prettier than the state was, and here in Harris there were declines in the vote totals of both parties. I’ve been looking at the statewide results more closely to see where the gains and losses were, and my initial impression is that the other big counties did move forward in ways Harris did not. The mail program was a success, but it seems clear that it mostly shifted behavior. If there was a net gain, in terms of votes we wouldn’t have had at all without the mail program, it means that in person turnout efforts were that much less successful. If we’re going to be introspective, that’s the place to start.

- All that said, if I’m newly-elected Harris County DA Devon Anderson, I’d take a few minutes to be concerned about the fact that I have to be on the ballot again in 2016. Consider this: By my calculation, the average Republican judicial candidate who had a Democratic opponent received 359,759 votes. The average Dem judicial candidate got 297,311. Anderson received 354,098 while Kim Ogg got 311,094. To put it another way, Ogg got crossover votes, which stands both her and Anderson in contrast to Pat Lykos in 2008 and Mike Anderson in 2012. Frankly, if she’s up for it, I’d tell Kim Ogg to keep running and start fundraising now for 2016. Assuming the patterns from the last two Presidential years hold here, she’d have a real shot at it.

- Along the same lines, of the five legislative seats the Dems lost (three in the House, one each in Congress and the Senate), HDs 117 and 144 should flip back in 2016, and if I were Pete Gallego I’d keep running for CD23 as well. (If he doesn’t want to run any more, allow me to be the first to hop on the Mary González bandwagon.) If Susan Criss can’t win HD23, which had been trending red for some time, I doubt anyone can. As for SD10, it’s not up again till 2018, but for the record, Libby Willis basically hit the Bill White number, which suggests she drew a non-trivial number of crossovers. Someone ought to take another crack at that one next time around but bear in mind this was always going to be a tough hold. I strongly suspect that if Wendy Davis had decided to run for re-election instead that we’d still be mourning her defeat.

- One prize Dems did claim was knocking off longtime Bexar County DA Susan Reed. Republicans claimed a victory over DA Craig Watkins in Dallas, where he was his own worst enemy. I refer you to Grits for more on that.

- Other results of interest: You already know about the Denton fracking ban. The Katy and Lone Star College bond initiatives passed. Austin Council Member Council Member Mike Martinez and attorney Steve Adler are in a runoff for Mayor; other Council race results, the first single member district elections in Austin, are here. And finally, Old Town Tomball repealed its ban on alcohol sales. Pour one out, y’all.

- Finally, a word on the matter of the efficacy of campaign ads, in particular negative ads. Yesterday morning after we dropped off the kids at school, Tiffany mentioned to me that Olivia’s understanding of the Governor’s race was that if Abbott won, there would be more standardized tests, which did not please her. “He wants to test four-year-olds!” she said. “That’s just wack!” I will simply note that at no time this year did I ever discuss the Abbott and Davis pre-k plans with her, and leave it at that.

Posted in: Election 2014.

Denton fracking ban passes

Let the freakout – or perhaps I should say “frack-out” – begin.

Nearly 59 percent of voters in Denton, which sits on the edge of gas-rich Barnett Shale, approved a measure banning hydraulic fracturing, or fracking — the method of oil and gas extraction that has led to a domestic energy boom.

Proponents called the measure a last-ditch effort to address noise and toxic fumes that spew from wells just beyond their backyards, after loopholes and previous zoning decisions rendered changes to the city’s drilling ordinance unenforceable.

“It means we don’t have to worry about what our kids are breathing at city playgrounds,” Cathy McMullen, a nurse and president of Frack Free Denton, a grassroots group that pushed the ban, said in a statement. “It means we don’t have to worry about our property value taking a nose dive because frackers set up shop 200 feet away.”

The ban’s passage will almost certainly trigger litigation, with energy companies and royalty owners arguing that state drilling regulations trump Denton’s and that the city was confiscating mineral rights, which have long been dominant in Texas law.

Several state lawmakers have promised to fight the ban in Austin.

[...]

The Denton measure does not technically prohibit drilling outright; it would apply only to fracking, which involves blasting apart rock with millions of gallons of chemical-laced water hauled in by trucks. But opponents of the ban say it would make gas beneath the city too difficult to profitably tap – amounting to a drilling ban.

Energy companies pumped big money into effort to defeat the ban. The Denton Record-Chronicle called it the most expensive campaign in the town’s history by far.

See here, here, and here for the background. And quicker than you can say “Tort reform!”, here comes the litigation.

In a lawsuit filed Wednesday in Denton County district court, the Texas Oil and Gas Association called the ban unconstitutional. Because of current shale economics, the group says, the measure amounts to a ban on all drilling – denying mineral owners their property rights. TXOGA asked the court to declare the ordinance invalid and unenforceable, and said state law should supersede Denton’s.

“While home-rule cities like Denton may certainly regulate some aspects of exploration and drilling, TXOGA does not believe that they may enact ordinances that outlaw conduct, like hydraulic fracturing, that has been approved and regulated by state agencies,” Tom Phillips, a former Texas Supreme Court justice, said in a statement. Phillips is now a lawyer with the firm Baker Botts, which is representing the petroleum group in the dispute.

[...]

Texas law says the state intends its mineral resources to be “fully and effectively exploited,” but courts have said the power is not absolute. The Railroad Commission has jurisdiction over all oil and gas wells in the state, with authority to adopt “all necessary rules for governing and regulating persons and their operations.” Local governments have the right to impose reasonable health and safety restrictions, and the Legislature has granted most Texas cities, including Denton, the power to “regulate exploration and development of mineral interests.”

A key question is where fracking falls on that spectrum.

Legal experts say Texas courts tend to favor oil and gas interests. But they suggest Denton could make a compelling argument that a fracking ban would not wipe out all options to drill.

Any lawyers out there want to take a crack at that? I’m guessing they had this suit all written up and ready to go well ahead of time, just in case. The Lege will have their back regardless of the outcome in court, but I’m sure they’d like to have an injunction in hand. It was fun while it lasted.

One shorter term effect of this is that it may have helped Democratic turnout in Denton County. A comparison to 2010 for the top three offices:

Abbott 93,506 Davis 47,134 Perry 83,726 White 43,073 Patrick 92,290 Van de Putte 45,017 Dewhurst 92,074 C-Thompson 33,962 Paxton 93,466 Houston 43,778 Abbott 93,268 Radnofsky 33,953

Note how the R vote totals are basically flat, while the Dems are up about 10,000. Still a big win for the Rs, but this is the sort of thing I’m talking about when I say their turnout was down. Anyway, it was a small bit of sunshine on an otherwise dark and stormy night.

Posted in: Election 2014.

Texas blog roundup for the week of November 3

The Texas Progressive Alliance fervently hopes that all of the election winners have our state’s best interests at heart as we bring you this week’s roundup.

Continue reading →

Posted in: Blog stuff.

McCrum responds to Perry’s motions

Another story to distract us from the election results.

Corndogs make bad news go down easier

This corndog claims executive privilege

Special prosecutor Michael McCrum filed court papers on Monday, saying the governor, who was indicted for abuse of office, shouldn’t have access to grand jury testimony because he could intimidate witnesses.

McCrum filed two lengthy briefs in answer to a barrage of pre-trial motions filed by Perry’s attorneys. It is the first time the prosecutor has rebutted assertions by the governor’s vigorous defense team. But McCrum didn’t reveal many details in the case that led a grand jury to charge Perry with abuse and coercion.

The first pre-trial court hearing in which Perry will be present is scheduled for Thursday.

On the issue of whether Perry should be provided transcripts of grand jury testimony, McCrum cited centuries-old common law that uses secrecy to help protect all parties involved with criminal allegations.

“Indeed such a principle is even more compelling where the defendant seeking disclosure is a governor, a ‘ruler’ within our structure of government, possessing all the power that led to the initiation of the principle of confidentiality,” McCrum stated.

He cited that the issue of intimidation of witnesses is based on Perry’s own actions.

Not only was he indicted for abusing his power, but “the defendant’s own words have instilled a concern for all persons who participated in the grand jury investigation,” the brief states.

It then quotes “prepared, written comments” used in a press conference the day after the indictments were returned when the governor said, “this farce of a prosecution will be revealed for what it is, and that those responsible will be held accountable.”

[...]

McCrum, a former federal prosecutor from San Antonio who was appointed by a Republican judge, is fighting the unusual request. He asserted parts of the transcripts might be made available as part of pre-trial discovery, but the defense lawyers should not have unfettered access to the grand jury testimony nor have it this early in the process.

He stated in the brief that the Texas Court of Criminal Appeals already ruled “that illegal conduct is not part of the legislative process and is not deserving of privilege.”

McCrum pointed out that two other indicted governors – Marvin Mendel of Maryland and Rod Blagojevich of Illinois – both tried to use legislative immunity and their “appeals were flatly rejected.”

The prosecutor also pointed to Perry’s decision not to appear before the grand jury.

“Mr. Perry chose to not testify before the grand jury, therefore any privilege he now asserts necessarily rests on other witness testimony,” the brief states.

See here for the background. The original court date for this was last Friday, but it got rescheduled to Thursday. While he doesn’t have to appear in court in general, Perry will be there for this hearing. The other brief has to do with Team Perry’s claim that McCrum wasn’t properly sworn in. I have a hard time seeing that one gain traction, but I suppose it can be fodder for future appeals. The Trib, Texas Politics, and Bloomberg News have more.

Posted in: Scandalized!.

Red light cameras: The final insult

Awesome.

Gone

Gone

In settling the lawsuit with camera vendor American Traffic Solutions, whose contract was supposed to run through 2014, the city agreed to pay the Arizona-based company $4.8 million.

The city had $2.3 million in red-light ticket revenue on hand at the time of the settlement, and officials said they expected to be able to pay the balance from fines collected from some of the tens of thousands of delinquent light-runners who had not yet paid up.

No such luck.

Depending on how much new red light ticket revenue is collected between now and Dec. 31, when the final settlement payment is due, city finance officials say more than $1.1 million of the settlement could wind up being pulled from the general fund, meaning taxpayers and not red light violators will be on the hook.

“My thoughts are the same now as they were then,” said Councilman Jack Christie, one of two current council members who opposed the settlement, concerned it would impact the general fund. “As a fiscal conservative, you never want to commit money that you don’t have. It’s not complicated.”

Councilman C.O. Bradford, who also opposed the settlement, agreed.

“(City Attorney) David Feldman and Mayor Parker assured council that general fund money would not be used,” he said. “Some of us said, ‘Let’s not put in that backup proviso then, let’s make sure the (processes) are there to collect those dollars.’ That didn’t happen.”

See here, here, and here for the background. I get what the city had in mind, but I have no desire to defend it at this point. Instead, here’s the trailer to “The Naked Gun 33 1/3: The Final Insult”, since that was what came to my mind as I wrote the title to this post:

May we never hear of these accursed things again.

Posted in: Local politics.

Results thread

Here’s where I’ll be tracking results as they come in, which should be soon now. I’m in the studio at KRTK, the livestream URL is http://abc13.co/abc13CK+, and we should be kicking off soon. Harris County results are here. Get ready, it’s about to begin.

Update, 7:10 PM – Harris County numbers are up. Davis trails by about 22,000 votes, 52.49% to 46.39%. This is right in line with my Sunday projection. The margin for Dems downballot is mostly wider. A good showing today is needed.

Update, 8:15 PM – Still no E-Day totals in Harris. Libby Willis trails in SD10 – Tarrant votes are here. All the statewides have been called for the Rs, it’s a question of the margins.

Update, 9:25 PM – Hard to find much positive right now. Dems are on track to lose three seats in the Lege – HDs 23 (Eiland, retiring), 117 (Cortez), and 144 (Perez). The latter two should flip back in 2016, but still. Dems are doing better in Harris County on E-Day, but Davis was still behind in Harris by 18K votes, and she was leading the pack.

Update, 10 PM – It’s a wrap for me at KTRK, and I’m probably going to pack it in and head home and to bed. Needless to say, this has been a crappy night all around. One oddity on the state results is that Travis County as of this posting hasn’t reported anything but early votes. In the end, I doubt we’re going to see any improvement on the base vote total. It’s disappointing on many levels, not the least of which is that I don’t think there’s a big surge in Republican voting, either. It looks like a 2002 result all over again, frankly. If you want something that looks like good news, Dems did do better in the big counties than they did in 2010. Not that that’s a high bar to clear, of course. There’s still a lot of work to be done, that’s for sure. I’ll have my own thoughts later, after I get some rest.

Posted in: Election 2014.

Where I will be on Election Night

For those of you that may wonder what I look and sound like when I say all this stuff that I write about, tonight is your chance to find out. I will be in studio at KTRK, Channel 13 in Houston, from 7 to 10. I don’t know how much they’ll have me on camera, but I do know they’ll be streaming all night – go to http://abc13.co/abc13CK+ for the stream, which is called “Your Voice, Your Vote Live”. I don’t know how many other folks like me will be involved in this, but I do know that one of them is Murray Newman of the Life at the Harris County Criminal Justice Center blog, whom I look forward to meeting. Tune in and wonder no more why my face is ideal for blogging.

My normal blogging style is to draft a bunch of stuff as I see it and can get to it, then schedule daily posts from what I have drafted. Needless to say, that approach fails on Election Day. I’ll be posting here tonight, possibly into tomorrow, or I may defer some stuff till tomorrow morning. It will be a disruption of my usual routine, is what I’m saying.

Which leads me to this: As some of you know, I fractured my right wrist eleven days ago. It was a stupid accident involving some heavy boards that got the best of me. It could have been much worse – they could have landed on my feet – but I am in a cast for at least the next four or five weeks. I have some use of my right fingers and thumb, so I’m only modestly inconvenienced, but typing and using a mouse are harder than usual. Given all this, I may take it easy for a couple of days, with posts mostly being an emptying of my remaining queue or something I just couldn’t resist. I doubt I’ll take too much downtime – I expect I’ll get precinct data shortly, and you know I can’t resist that. But if things are slow here for the rest of this week or so, now you know why. Thanks.

Posted in: Election 2014.

Denton fracking ban update

One more look at what is surely the most contentious issue on the ballot anywhere in the state.

With Denton preparing to vote Tuesday on banning hydraulic fracturing within city limits, tension has mounted as rival groups work to undermine each other.

The election has turned into a flash point for a national debate on the oil and gas drilling boom. Towns in New York and Colorado have voted in similar bans. But this would be the first such prohibition in Texas, the home of the country’s energy industry, probably setting off a long legal fight if it passes.

Business owners speak in hushed tones about the ban for fear of alienating customers. Accusations are flying of misleading voters on everything from how hydraulic fracturing works to how to vote for the ban. Representatives from both sides say they have received threats of violence.

For residents, the melee of yard signs, highway billboards and, more recently, television advertisements, has become impossible to avoid.

“I don’t have a television. But when I try to watch something on YouTube, I have to sit through the fracking ads,” said Nick Webber, the owner of a T-shirt shop in downtown Denton. “I’m a little confused where it’s all coming from.”

Tension over fracking has been mounting in Denton for years.

The town, with a rapidly growing population of 123,000, sits atop the natural-gas-rich Barnett Shale. Over the past decade drilling has boomed and dimmed, as hydraulic fracturing has brought forth natural gas long thought undrillable. Denton is now estimated to contain 270 wells, some of which lie close to homes, a hospital and a city park.

Last year, controversy erupted when a Dallas oil and gas company began fracking some older wells in the middle of a new housing development. Residents began reporting respiratory problems blamed on the associated fumes. And the noise of heavy equipment blanketed the neighborhood.

Seven months earlier the city had enacted rules restricting drilling activity within 1,200 feet of homes. But the driller argued successfully in court it did not apply to existing wells.

Soon a core group of fracking opponents, including a staffer with the environmental group Earthworks and an associate philosophy professor at the University of North Texas, were organizing a petition. They collected 2,000 signatures, forcing the City Council to either ban fracking inside the city limits or put it to voters. In July, the council voted 5-2 for a referendum.

See here and here for the background. This is by far the most expensive election in Denton’s history, with ban opponents outspending advocates ten to one. It’s a cinch that this winds up in court if it passes, and you can be sure someone will introduce a bill in the Lege to stamp out this sort of vote in the future regardless of the outcome. That doesn’t seem to have discouraged ban proponents, however.

One more thing:

Long a small college town surrounded by farms, Denton is changing fast. As the University of North Texas has grown, a plethora of new shops and restaurants have sprung up to cater to a new class of young families, professionals and “creatives,” as they call themselves. Graduates who once headed to Austin or Dallas are now staying put.

The new residents have proved a fertile platform for the anti-fracking movement, residents from both sides say.

“The town’s definitely getting more liberal. The old codgers never would have allowed it,” said Dewayne Grissom, a 47-year-old Denton resident opposing the fracking ban.

Early voting is way up in Denton compared to 2010. That’s partly a function of population growth, but this race is fueling it as well. Denton is a Republican stronghold and one would normally assume this turnout boost benefits them, but in this case I think the picture is fuzzier. We’ll know more tonight.

Posted in: Election 2014.

Two in Tarrant to watch

Tarrant County isn’t often an electoral battleground, but this time it is, at least in two legislative races.

Libby Willis

[HD94 Republican nominee Tony] Tinderholt’s race is one of two legislative contests in Tarrant County where Democrats are pinning their hopes on Republican voters soured by the most conservative elements of their party.

The second is a race to fill the Senate seat left open by Democratic gubernatorial candidate Wendy Davis. There, in a district dominated by Republicans until Davis’ election, Democrat Libby Willis faces Konni Burton, a grassroots activist from Colleyville who touts the rare endorsement of U.S. Sen. Ted Cruz.

Like Tinderholt, who ousted Diane Patrick, an eight-year incumbent, in a primary upset, Burton sailed to GOP victory by questioning the conservative credentials of other Republicans. Now, in the general election, both candidates are under fire from their opponents for positions on abortion, gun rights and illegal immigration that Democrats say are out of sync with mainstream voters.

“I’m looking for those people who just don’t care about the partisan nonsense,” said Cole Ballweg, the Arlington businessman running against Tinderholt. “I’m looking for those people who’re more like me, who say, ‘What is really going to move the needle for my community, for my schools, for my kids?’ And there’s actually a lot of them out there.”

[...]

Ballweg acknowledged that it would take a “miracle” for a Democrat to carry Arlington’s staunchly Republican House District 94.

“I understand that so many of these people are still going to vote against me,” Ballweg said. “But you know what, they’re a lot more reasonable than a lot of people give them credit. They don’t want rifles in their streets; they don’t want angry, off-the-rails rhetoric about the border or anything else.”

The contest for the state Senate seat is closer. With advertising buys still rolling in, Willis and Burton have each spent over $1 million getting their message to Tarrant County voters since May, according to Texas Ethics Commission data.

Burton has raked in high-dollar donations from prominent conservative backers, including $100,000 from Midland oil and gas developer Tim Dunn and Texans for Lawsuit Reform, which has spent more than $300,000 on last-minute direct mail and television ads on her behalf.

Willis has received substantial sums from Democratic donors, including Houston trial lawyer Steve Mostyn, who has contributed a combined $850,000 to her campaign through his law firm and Back to Basics, the political action committee he funds. She has also received support from Planned Parenthood, the Democratic organizing group Battleground Texas and Annie’s List, which helps Democratic female candidates run for office.

But in her run for the high-profile swing district, Willis has also made inroads with groups otherwise supporting a slate of primarily Republican candidates, like the Texas Medical Association and the statewide law enforcement association known as CLEAT.

The former teacher and past president of the Fort Worth League of Neighborhood Associations has attempted to draw a sharp contrast with her opponent, billing herself as a coalition builder and Burton as a partisan.

“I have so many Republicans saying, ‘I am not a Tea Party person, I am not extreme, I am just not that far out there.’ And they are voting for me,” Willis said. “A lot of them are voting for a Democrat for the first time in their lives, and they are voting for me.”

I’ve written about the SD10 race before, both as a benchmark of success and an example of what else Battleground Texas is doing. I continue to believe that Libby Willis has at least as good a chance to hold this seat with Wendy Davis running for Governor as Davis would have with a mystery candidate for Governor. Early voting was up in Tarrant County, and one presumes these races as well as the Governor’s race were the driving forces behind that. As for the HD94 race, it would be nice to think that Republicans would be “soured by the most conservative elements of their party”, but one expects that if they were then Tinderholt would have lost in the primary to Rep. Diane Patrick, who had a solid reputation and was on Tom Craddick’s leadership team. I’ll hope for the best here, and I won’t be surprised if Cole Ballweg exceeds the partisan norm, but I’m not expecting more than that.

Posted in: Election 2014.

Trevino takes a plea

Disgraceful.

Constable Victor Trevino

Harris County Precinct 6 constable Victor Trevino pleaded guilty Monday to misapplication of fiduciary property, a day after beginning trial on allegations that he diverted money from his charity for personal use.

He faces a maximum sentence of 10 years in prison for the felony, and has asked the judge to decide punishment after a sentencing hearing on Nov. 17.

The Precinct 6 constable was indicted almost two years ago on several charges accusing him of financial misconduct. He was first elected to office 26 years ago. He will resign from office on Tuesday. He also will have to surrender his state license that allows him to carry a weapon.

[...]

Prosecutors earlier this year offered Trevino a plea deal that would have allowed the 62-year-old constable to plead guilty to a class C misdemeanor, the lowest form of criminal infraction, and retire, his attorney, Chip Lewis said last week. In exchange, prosecutors would have dropped four felony indictments on charges that include misapplication of fiduciary property and tampering with a public document.

See here for the background. Clearly, Trevino should have taken the original plea deal. I can’t say I feel sorry for him, however. As was the case with disgraced former Constable Jack Abercia, who resigned before he copped a plea, Commissioners Court will name a replacement. With this post being up for election in 2016, which really means March since this will be settled in the Democratic primary, I’d suggest they take the same path as last time and appoint someone who doesn’t want to run for the post. We’ll see what they do. In the meantime, good riddance.

Posted in: Scandalized!.

UT/Trib poll says Texans would be fine with same sex marriage

A result of interest from the most recent UT/Trib poll:

Registered Texas voters narrowly oppose same-sex marriage, but a large majority is open to allowing either marriage or civil unions to gays and lesbians, according to the latest University of Texas/Texas Tribune Poll.

Asked whether those couples should be allowed to marry, 42 percent say yes and 47 percent say no, the poll found. When civil unions are added to the question, voters are more permissive: 39 percent say they would allow marriage, 28 percent would allow civil unions and 25 percent say they would not allow either sort of formal bond.

“The culture war is a lot more complex than you think,” said Daron Shaw, co-director of the poll and a professor of government at the University of Texas at Austin. “It’s not like people have said everything should be Amsterdam. The way in which you execute it does matter. What you really find is that people are subtle. They appreciate conditions and context.”

Partisan differences show up in the poll responses. A strong majority of Democrats — 62 percent — would allow gay marriages, even with the alternative of civil unions available. Only 14 percent of Republicans would do that, but another 45 percent would allow civil unions. Voters who identify themselves as independents were closer to the Democrats on this question, with 53 percent approving of gay marriage and another 20 percent in favor of the civil unions option.

The most frequent churchgoers — those who say they attend more than one service per week — are most likely to oppose same-sex unions: 55 percent say they oppose both marriage and civil unions for those couples. A majority of other churchgoers, including those who say they attend services once a week, would allow some form of unions.

I’m not going to suddenly become a fan of this poll just because they produced a result I like, but this is generally consistent with other polling on the subject of same sex marriage in Texas. More to the point, it highlights another contradiction in the stance taken by Greg Abbott as Attorney General, an Ken Paxton as a candidate for AG, on the subject of same sex marriage and the ongoing litigation to overturn the state’s ban against it. Both of them like to cite the 2005 referendum that enshrined the ban on same sex marriage in the state constitution, which passed by a 3-1 margin, as justification for their support of continuing the fight to uphold that ban. Well, that 3-1 majority doesn’t exist any more. A lot of the people who voted for that referendum nine years ago would vote against it today if they had the chance. It’s just a matter of time before there is a solid majority in Texas in favor of same sex marriage. What would Abbott and Paxton say then? I remember what I said back in 2005, which is that the reason for the push to make something that was already illegal constitutionally banned was to ensure that a simple majority could not some day overturn that. We are at or near the point of that majority, and by now all of the other justifications for banning same sex marriage have been shown to be garbage. Greg Abbott and Ken Paxton are working not to uphold the will of the people but to thwart it.

Posted in: Show Business for Ugly People.

Don’t expect the Kathie Glass effect to be much

Seems like every four years we talk about the possible effect of third party candidates on various races. Usually, it’s in the context of legislative races, where some candidates have won with less than 50% in recent years and one could make a case that the presence of a (usually) Libertarian candidate might have had an effect on the outcome. The subject came up for the Governor’s race a little while back, and I’m here to tamp down on any irrational exuberance.

Hop on the bus, Gus. Or don’t. Your call.

Don’t forget 1990.

That was the year a third-party candidate made a potentially game-changing difference in the Texas governor’s race, drawing slightly more than the number of votes separating Democratic winner Ann Richards from Republican Clayton Williams.

And while third-party gubernatorial candidates did not participate in Friday’s debate between Greg Abbott and Wendy Davis, they could help decide who will be the next governor of Texas.

“Third-party candidates can mean a big difference in close elections,” said Allan Saxe, an associate political science professor at the University of Texas at Arlington. “Third parties can rarely win. Generally, [they] play a spoiler role.”

[...]

Observers say this year’s Nov. 4 general election could provide a number of close races where a third-party candidate might change the entire dynamics of a race.

“In these contests there exists the possibility that were one or more third-party candidates not on the ballot … the outcome of the election would [be] different,” said Mark P. Jones, a political science professor at Rice University in Houston.

[...]

Political analysts say third-party candidates could make a difference in the governor’s race.

Abbott, the state’s attorney general and GOP nominee, squares off against Davis, a state senator from Fort Worth and Democratic nominee. Libertarian Kathie Glass and Green Party candidate Brandon Parmer are in the race as well.

If the race tightens up, Glass and Parmer combined could draw as little as 4 percent of the vote and impact the result.

“That could mean the difference in a very close election,” Saxe said.

After all, in 1990, Richards won by claiming 99,239 more votes than Williams, and Libertarian Jeff Daiell earned 129,128 votes.

“Overall, the principal impact of the Libertarian Party and Green Party candidates this fall will be to provide voters with a different perspective on how to address many of the key challenges facing the state today,” Jones said.

A key example, he said, is Glass, “who is far and away running the most visible and vibrant campaign of any third-party candidate in Texas.”

I will admit, I saw the Kathie Glass Bus on the side of the road as we were heading back from Austin on 290 a couple of weeks ago. I was tempted to take a picture of it, but I was driving at the time, and I didn’t think Tiffany would have appreciated me hauling out my cellphone at that moment. Maybe some other time. In any event, I will admit that as far as that goes, Glass’ campaign has been more visible than some other Libertarian campaigns of recent years.

Nonetheless, I’m going to play spoiler as well. Here’s a compilation of all third-party candidate performances in Texas gubernatorial races since 1990. See if you can spot the problem.

Year Lib Green Other Total Win % ======================================== 1990 3.32 0 0.30 3.62 48.19 1994 0.64 0 0 0.64 49.68 1998 0.55 0 0.02 0.57 49.72 2002 1.46 0.70 0.05 2.21 48.90 2006 0.60 0 0.01 0.61 49.69 2010 2.19 0.39 0.14 2.72 48.64

Notice how in none of these six elections how the combined Lib and Green (and write-in, which is what the Other above represents) total has reached four percent? In fact, outside of 1990, it’s never reached three percent? This could be the year that it happens – the Kathie Glass Bus is quite impressive, after all – but if you’re going to write this story, you ought to acknowledge the history. Don’t get our hopes up without justification.

It’s my opinion from looking at as many election results as I’ve seen over the years that the higher the profile the race, the lower the ceiling for third party candidates, our wacky 2006 Governor’s race excepted. Honestly, outside of the hardest of the hardcore political junkies and members of the third parties themselves, I doubt more than a handful of people even know who the L and G nominees are. With all due respect to Kathie Glass and her bus, the people that will be voting for her are basically the people that always vote Libertarian and the people that for whatever the reason didn’t like the nominee from the party that they tend to vote for no matter how much they protest their “independence”. Frankly, if the base party vote is reasonably close to even overall – which at this point I don’t think is likely, but I could be wrong – the place where an L and/or G candidate could affect the outcome is down ballot. I went through this exercise before, to show that one doesn’t need to get 50% of the vote to win most statewide races in Texas due to the presence of other candidates, and as you can see the higher totals for third party candidates tend to be in the lower profile races. I’m not saying that Kathie Glass and Brandon Parmer can’t have an effect on the outcome of the Governor’s race. I am saying that if I had to pick one race where there might be an effect, I’d probably pick Railroad Commissioner or Supreme Court justice. I promise to look at this again after the election.

Posted in: Election 2014.

TxDOT still screwing with Metro

WTF?

Given powerful support from local and state transportation officials, the more of the parkway comes together, the more likely the last phases will fall into place.

The project that remains far less certain is the planned dedicated bus lanes on Post Oak Boulevard. The project, which a few months ago was speeding along, has run into significant bumps as TxDOT and the Metropolitan Transit Authority have dueled over agreements related to a bus lane along Loop 610.

Moseley in September warned if all parties couldn’t agree on the project, he’d prefer TxDOT move its $25 million commitment to a new Texas 288 interchange with the Sam Houston Tollway. Losing TxDOT’s money puts the Loop 610 portion of the bus lanes, and potentially the entire plan to run express bus service along Post Oak, in doubt.

Metro officials have since signed the agreement, but transit board chairman Gilbert Garcia complained TxDOT officials haven’t backed off the threat to move the money.

Marc Williams, director of planning for TxDOT, told transportation commissioners Thursday that the discussions are ongoing, but the recommendation at this point is to shift the money to the Texas 288 project.

A final decision is expected Nov. 20 when the commission meets in Austin. Written comments about state’s unified transportation plan — which guides state transportation spending — will be accepted until Nov. 17.

See here, here, and here for the background. What the hell else does TxDOT want? I have no idea why they’re being such huge jerks about this. If it’s at all feasible, I’d advise Metro and the Uptown Management District to tell TxDOT to go screw itself and finance that $25 million themselves. That way they can build it the way they want to, and they wouldn’t have to put up with this petty crap. If that’s not realistic, then I hope TxDOT gets over itself and does its job. But jeez Louise, enough already.

Posted in: Planes, Trains, and Automobiles.

Constable Victor Trevino goes to trial

In case you want to follow a story that isn’t related to the election.

Constable Victor Trevino

The money was supposed to go to a charity that would pay for neighborhood events, but instead, prosecutors said, the longtime East End law enforcement official who created the nonprofit group more than 20 years ago gambled it away.

Harris County Precinct 6 constable Victor Trevino was indicted almost two years ago on several charges accusing him of financial misconduct, but details of the accusations finally were revealed Friday in a Harris County courtroom where the constable is on trial. The details portray a lawman well-known in his community and a regular fixture at outreach events – including National Night Out and a pre-Halloween Fall festival – to be the same man who became a criminal, taking money from an organization he said was designed to help the people he served. Trevino was first elected to office 26 years ago.

Among the accusations outlined by Assistant Harris County District Attorney Bill Moore was that Trevino diverted thousands of dollars from his charity for his own personal use, including cashing checks for cash to play slot machines with his wife at a Louisiana casino and to buy Lotto tickets.

During opening statements at Trevino’s trial, Moore said the constable directed his bookkeeper to forge the signature of someone from the charity who is authorized to sign them. Then either the constable cashed the checks or sent deputies to do it at local convenience stores, the prosecutor said.

“You are going to hear evidence that checks were cashed for large amounts of money,” Moore said. “And you are going to hear that within days, sometimes the next day, Constable Trevino and his wife would go to a casino in Louisiana and put large amounts of cash into slot machines.”

[...]

Defense lawyers for Trevino told jurors that the bookkeeper, not the constable, is the person who should be on trial.

“Carolyn Lopez was not trustworthy,” attorney Chip Lewis told jurors. “She was not a good bookkeeper.”

Lewis said that before 2008, Trevino’s record keeping was impeccable, because of longtime bookkeeper Mary Alice Williams. Williams became ill in 2008 and has since died. Lewis said that after Williams stopped doing the books, Lopez volunteered to take over.

That was when the financial improprieties began, Lewis said.

“I don’t believe in coincidences,” he told jurors. “The evidence will show that you should not believe in coincidences either.”

Lewis said Lopez lied to grand jurors who indicted Trevino in November 2012 and has since been given immunity for the 136 checks she admitted she forged.

See here and here for the background. There’s nothing more tawdry than an embezzlement trial, is there? Trevino was offered a fairly generous plea deal but rejected it while maintaining his innocence. Whether that is justifiable confidence or extreme hubris remains to be seen, but we should know soon. The trial is expected to wrap up this week, so the verdict will give us something to talk about if we don’t want to talk about the election results. Trevino is up for election next in 2016, in case you’re wondering.

Posted in: Scandalized!.

Weekend link dump for November 2

If you haven’t voted yet, your last chance to do so is Tuesday.

“Bewitched: The Next Generation After The Next Generation”. I dunno about that.

A constitutional right to vote is something we should have established a long time ago, but better late than never.

“It is also possible — and probably more likely — that London has become the NFL’s next Los Angeles, a city used as a threat to hang over the heads of cities that it and its teams think need new stadiums.”

Imitation may be the sincerest form of flattery, but it’s also often the basis of intellectual property litigation.

Phil Collins is the best friend the Alamo ever had.

“Aging baby boomers and seniors would be better off going for a hike than sitting down in front of one of the many video games designed to aid the brain, a group of nearly 70 researchers asserted this week in a critique of some of the claims made by the brain-training industry.” The American Contract Bridge League probably won’ be thrilled by that news, either.

Maybe Amazon isn’t quite ready to take over the world just yet.

RIP, Marcia Strassman, a/k/a Mrs. Kotter.

Wait, there’s sugar in Clamato? And Subway sandwiches? What the hell?

Larry David made a lot of cameos on Seinfeld.

“This month, for the first time in eight decades, Family Circle included a gay couple in a parenting article.”

RIP, Joan Quigley, astrologer to Nancy Reagan.

“The man who yells at the taxi driver or the woman who brusquely dismisses a waiter is very near to scum in Emily Post’s eyes. Don’t be that person.”

“The Wisconsin and Texas rulings were just preliminary requests for emergency relief, and the Supreme Court may yet hear the cases in full on the merits. But there seems little chance that a majority of the current Court will rein in these changes in any significant way. In courtrooms around the country, it’s been made clear that these Republican initiatives have been designed and implemented to disenfranchise Democrats (again, usually of color). But the Supreme Court doesn’t care.”

Duke Ellington gets screwed out of royalties 40 years after his death.

The Notorious RBG conyinues to show that she’s cooler than the rest of us.

Kaci Hickox is my new hero.

More Percy Jackson, less boring literature.

Being a jerk for a good cause makes your cause look bad. It also makes you a jerk.

You’re not reaaly “paying it forward” if you’re being compelled.

“Mississippi has poor social outcomes and a threadbare safety net. It also has—and has long had—the largest black population in the country. And it’s where slavery was very lucrative, and Jim Crow most vicious. This is not a coincidence.”

I don’t know if this is any consolation to my friend Linkmeister, but progressives in general can be happy that the Giants won the World Series.

“It would seem that the Bible belt has been unbuckled and the fly is now open. Heck, the pants may even be down around the ankles.”

The story of Dolores Jane Umbridge, a Halloween gift from JK Rowling.

Posted in: Blog stuff.

Final 2014 EV thoughts

Here’s the Chron story about how early voting went.

EarlyVoting

“Each (side) is emphasizing areas of comparative advantage, but the overall pattern seems to be unimpressive in terms of overall turnout,” said Jim Henson, who directs the Texas Politics Project at the University of Texas at Austin. “I don’t see anything in the voting numbers as we have them so far to suggest a disruption in the normal pattern.”

Based on numbers kept by the secretary of state’s office, nearly 1.5 million people had voted early through Thursday in Texas’ 15 biggest counties, barely topping the same number at this point in 2010. The early voting turnout rate was down more than 7 percent.

“The numbers for early voting in this 2014 election cycle are comparable to what we saw in 2010,” said Alicia Pierce, a spokeswoman for the office, echoing not only Republicans but also independent experts who have been crunching the numbers on their own.

Polling stations in Harris County experienced a surge on Friday, the last day to cast a ballot in-person before Election Day on Nov. 4. Workers processed 51,628 voters – the highest daily number of the early-voting period.

But overall, early turnout in Harris County dropped 16 percent compared to the midterm count four years ago, from 444,648 to 375,247 this cycle.

In-person voters numbered 307,280 for the dozen days of early voting, compared to the final early number in 2010 – 392,536.

Still, more mail-in ballots were returned this cycle, 67,967 compared to 52,112 in 2010, which may suggest that efforts to get more people to vote using that method worked.

Harris County Clerk Stan Stanart said he expects a non-record-breaking turnout of about 300,000 voters on Tuesday. “Voters, they do their own thing,” he said, adding that state and national moods appear to influence turnouts.

The analysis of Friday’s batch of votes was that it was a good day for the Democrats, which brought the projected Dem share of the overall early vote in Harris County to 46.7%. That happens to be a very conducive number for some back-of-the-envelope math. With turnout so far at 375K, this puts Democrats down about 25K votes, 200K to 175K. That’s without taking into account the Greens and Libs, the extra mail ballots that will arrive by Tuesday, and undervotes, but it’s close enough for these purposes. If we accept Stan Stanart’s guess of 300K turnout for Tuesday, that means Dems need a win of 162,500 to 137,500 for a 50-50 county. That’s roughly a 54.2-45.8 spread for the Ds, or an improvement of 7.5 points over EV. In 2010, Dems improved by about 7 points from EV to E-Day (39% to 46%). So it’s doable, though obviously a bit of a stretch.

One thing to note from this is that if this projection is accurate, Dem turnout in Harris County will be up a smidge from 2010 – could be a slightly larger smidge if the projection underestimates the Dems, or it could be that there is no smidge if it’s an overestimate – while Republican turnout is down considerably. That shouldn’t be a big surprise – 2010 was fueled by a huge wave of previously Presidential-year-only Republican voters. I’ve said all along that while we ought to expect some of them to show up this year, it’s unlikely they all would. It stands to reason that a lack of these surge voters would have an effect. I suspect that this pattern will hold around the state, with perhaps some local variations here and there, like in Bexar County, but I have no data to verify this. What this means for final state totals remains to be seen. Let’s assume that the Rs have something like 2002 turnout, which is to say between 2.7 million and 2.8 million. If Dems can reach or edge past the Bill White line – say 2.1 or 2.2 million – that puts them at 43 or 44 percent, more or less. If that’s true for the whole ticket and not just one Bill White-like candidate, I’d count that as solid progress, if perhaps a bit short of my fonder hopes. It would also still be a double-digit loss, likely between 12 and 14 points. You can close a lot of the gap from 2010 and still have a lot more gap left to close. If however we’re looking at no more than an “up a smidge” situation statewide, so that Dems are still in the 1.8 million range, we’re looking at a 20-point loss. I’d be hard pressed to find anything positive about that regardless of what else might have happened.

None of this should be taken as gospel. I’m extrapolating from a limited data set. It would have been awesome to have seen some clear evidence of a Democratic surge, but I don’t. There is room to make up ground on Election Day, though, so keep at it till the final bell rings. Remember also that when BGTX first arrived, back when no Democrats were running for Governor, they were talking about a multi-year process, with a target date of 2020. Whatever does happen, we have to build on it. Move forward or get left behind.

Finally, a small point of disagreement with my friend PDiddie. If Susan Criss holds HD23, I see no way the Dems lose any seats in the Lege. The most likely outcomes range from -1 to +3 for the Dems, depending on HD23, those two Dallas districts, and HD43. There are Dem incumbents that would have to sweat it out in a year more like 2010, but there’s no evidence to suggest we have that kind of year.

Posted in: Election 2014.

The two Dallas districts to watch

There’s HD105:

Susan Motley

Hispanics make up 41 percent of Irving’s population — up from 31 percent in 2000 and 16 percent in 1990, when the white population topped 71 percent, according to figures from 2010, the latest available. White residents make up 31 percent of Irving, Asians 14 percent and blacks 12 percent.

The changing demographics have turned Irving into a battleground in the November election in a state race that could foreshadow future face-offs in a changing state. Sensing an opportunity to put a state House seat in the “win” column, Democrats are courting Hispanic residents; Republicans, who have held the seat since 2001, are also making a push among new residents.

The race for House District 105, which is mostly in Irving, pits Susan Motley, a Democrat and disability rights attorney, against Rodney Anderson, the former state representative who beat a longtime incumbent, Linda Harper-Brown, in the Republican primary.

Motley said changing demographics showed that the district needed a leader who could “appreciate this diversity rather than react negatively from fear or misunderstanding.” She is getting help from the Democratic organizing group Battleground Texas, which is working to register voters and get them to the polls in November.

“Truthfully, I have felt for a long time that this district has what it needs if people turn out to vote,” Motley said about Democrats’ chances in House District 105.

Anderson said he has been successful in winning over minorities, pointing to his one term representing a neighboring district that had a majority-minority population.

“The same message I have today of individual liberty and creating an economic environment resonated well then and continues to resonate now,” he said.

And there’s HD107:

District 107 in the Texas House was created to be a Republican district, and a Republican now holds it.

But the results in 2012 were so close — Kenneth Sheets, first elected two years earlier, won re-election by less than 1,000 votes out of 50,000 cast — that Democrat Carol Donovan hopes to take it away this year.

District 107 stretches through the homes of middle-class families in northeast Dallas, Garland and Mesquite into affluent neighborhoods surrounding White Rock Lake.

Donovan thinks it is turning blue.

“It’s a matter of overcoming the edge,” she said. “The district is evolving, and I think the district is a lot more even than the people who drew the lines anticipated.”

Sheets said his conservative views are attuned to the people of the district. Sheets was considered an ally of the tea party when he was first elected in 2010, but he said he has broadened his perspective.

“I think I’ve matured,” he said. “I got to the point of understanding the reality of where things are.

What this all basically boils down to is that Dallas County is 55% or more Democratic overall – no Republican has won a countywide race in Dallas since 2004 – but eight of the 14 State Rep districts were drawn to elect Republicans. Because of that, none of these are truly safe seats for the Rs – none gave Mitt Romney more than 59% in 2012. In a strong year for the Dems, these two districts and maybe one or two more could fall to them, and in a good year for the Rs they could all revert back. I don’t know what will happen this year, but I feel confident saying that there will be hotly contested races in these seats for at least as long as the current map is in place. It’s just a matter of math.

Posted in: Election 2014.

Jared Woodfill sues again

Dude is obsessed.

RedEquality

Former Harris County GOP Chair Jared Woodfill isn’t giving up on his fight to block the city of Houston from providing benefits to the same-sex spouses of employees.

After Mayor Annise Parker extended benefits to same-sex spouses last year, Woodfill sued on behalf of two Republican taxpayers seeking to halt them. But in August, a federal judge ordered the city to continue offering the benefits pending a final determination on the constitutionality of Texas’ same-sex marriage ban, likely to come from the U.S. Supreme Court.

Despite the federal judge’s order, Woodfill filed a second lawsuit last week asking a state family court judge to halt same-sex benefits in Houston. Ken Upton, a senior staff attorney at Lambda Legal who represents city employees and their spouses who receive the benefits, said Woodfill’s request goes against a basic principle of law.

“The US Constitution’s Supremacy Clause clearly provides that a decision based on federal law trumps a conflicting decision based on only state law,” Upton said. “This is a foundational principle that every first-year law student learns and is beyond question or doubt.”

Upton said it’s possible Woodfill wasn’t aware of the federal judge’s order preserving same-sex benefits in Houston. But he added, “It’s no secret.”

“He [Woodfill] knew our case had been filed,” Upton said. “You would think he would have checked its status.”

Lambda Legal filed its lawsuit, Freeman v. Parker, in federal court last December on behalf of the employees and their spouses, arguing that rescinding same-sex benefits would violate their right to equal protection under the US Constitution.

Earlier that month, State District Family Court Judge Lisa Millard issued a temporary restraining order halting the benefits in response to Woodfill’s lawsuit, Pidgeon v. Parker. However, the temporary restraining order expired after the city removed the lawsuit to federal court.

A federal judge later sent Pidgeon v. Parker back to state court, where it was dismissed in May “for want of prosecution,” according to Harris County district court records.

Now, Woodfill is asking Millard, a Republican, to issue a second order halting the benefits, which he again claims violate Texas’ same-sex marriage bans and a city charter amendment prohibiting domestic partner benefits.

A hearing on Woodfill’s request for a temporary restraining order is set for 9 a.m. on Wednesday, Nov. 5 in Millard’s 310th District Family Court. The new lawsuit is also called Pidgeon v. Parker.

See here for some background, and click over to Lone Star Q to see a copy of this latest lawsuit. I don’t have anything to add except I hope this winds up costing Woodfill a ton in court costs.

Posted in: Legal matters.

Re-revisiting red light cameras

This horse is dead. Please stop beating it.

Gone

Gone

Four years after Houston voters rejected red-light cameras, the divisive issue unexpectedly resurfaced Tuesday when police officials presented figures indicating that removing the cameras made 51 busy intersections more dangerous.

Auto crashes have more than doubled at those intersections since voters banned use of the cameras in a 2010 referendum, according to figures presented to a City Council committee by the Houston Police Department.

Executive Assistant Chief Tim Oettmeier acknowledged the analysis was imprecise, however, noting that the data did not split neatly into four years of collisions when the cameras were in place and four years when they were not. In addition, Oettmeier said police did not examine the traffic counts at those intersections to see if the increase in collisions might be related to the streets being busier.

Oettmeier did discuss citywide crash figures, which show steady increases over the last four years.

The red light camera statistics were only a slice of Oettmeier’s presentation, which focused on HPD’s proposal to increase the force by 590 officers over the next five years. The discussion follows a staffing study that showed the department is short-staffed in some areas and did not investigate 20,000 cases with workable leads last year.

Some council members questioned the methodology behind the red light crash data and the purpose of including it in the presentation. Among them was Councilman Michael Kubosh, a bail bondsman who, with his brothers, led the 2010 referendum effort that got the cameras banned.

“I don’t know why it’s in this report,” he said. “There’s a charter amendment that says we’re not going to do this. There was a vote of the people; the people said no, and why you even waste your time to put this in the report to us today, I do not know. Maybe it’s that I’m sitting on council – that’s the only reason I can see.”

Oettmeier did not respond to Kubosh’s comments, but said later that he included the camera information to anticipate questions about whether HPD still needs as many police officers with its large recent investments in technology.

Red-light cameras are “a thing of the past,” Oettmeier said, adding he had no “hidden agenda” in mentioning them Tuesday. City Attorney David Feldman confirmed the city would not be able to deploy red light cameras without another public vote.

“The red light camera portion of the presentation was just an attempt to validate that that type of technology does, in fact, cause an effect, and it does help police officers out,” Oettmeier said.

That’s all very nice, and I get that Oettmeier was speaking in the context of HPD staffing levels and personnel needs. But seriously, just stop. We are not going anywhere near red light cameras any time soon, for good reason. Plus, no one who doesn’t already believe in red light cameras buys the crash data. Hell, I spent way too much of my life trying to make sense of the various crash studies done here in Houston, and I have a hard time accepting any of it. Just make your case for more traffic officers and leave it at that, OK? Thanks.

Posted in: Planes, Trains, and Automobiles.

Saturday video break: Dimples

The great John Lee Hooker, y’all:

And the Spencer Davis Group, featuring a very young but still completely recognizable Steve Winwood:

The recording I have is by Winwood as a solo act, but I couldn’t find a video for that. Happy Dia de los Muertos, y’all.

Posted in: Music.

2014 final EV totals

Here they are, and here are the full 2010 EV totals. Yesterday was the busiest day, as is typical with early voting. I have some more general thoughts to express, but with the Halloween madness yesterday I never got to finish them. I’ll have that either tomorrow or Monday. In the meantime, happy Day of the Dead.

Posted in: Election 2014.

Lyft leaving?

Sorry it’s not working out for you. Best of luck in your future endeavors.

Lyft

Less than a week before new city regulations take effect, one of two app-based, paid-ride companies is preparing to end its local business rather than use a city-required procedure to conduct background checks.

“We’ve made the very difficult decision that if Houston doesn’t amend its process, we’ve decided we have no choice but to pause operations,” David Estrada, vice president of government operations for Lyft, said Wednesday.

Estrada said the company will ask the city to delay implementing the rules. If it does not do so, he said, Lyft will cease operations in Houston until the process can be streamlined.

“Houston is one market, but our goal is ride-sharing across America,” Estrada said. “We want to be in every market, but we have come to the decision we want to take a stand.” This is the first time Lyft has announced it would leave a market based on local rules.

[...]

The rules set to go into effect Tuesday include requirements that drivers present their vehicle for inspection, submit a warrant check and personal information to the city and undergo drug screening.

The companies already take many of these steps, but their procedures are not exactly the same. While the companies use online background checks, Houston requires applicants to use the state’s fingerprint-based background check company. This was a sticking point for Lyft.

“We have found a more efficient way to do these things,” said David Mack, Lyft’s director of public affairs.

The drivers would face expensive drug tests and permits just to do something many consider a hobby or side job. Estrada said drivers consider the process onerous. “It treats them like a criminal first,” Estrada said.

The city-required method would cost drivers about $62. Lyft covers the cost of its procedures when it approves drivers.

I’ve said before that I didn’t quite understand the fuss over this. Seems like a pretty extreme position for Lyft to take, especially given that Uber is apparently prepared to live with it, but ya gotta do what ya gotta do. I’ve also said that I’d like to see the rules get reviewed again in a year or so, so maybe they’ll get another crack at this later. The Highwayman, Hair Balls, and Texpatriate have more.

Posted in: Planes, Trains, and Automobiles.

House starts thinking about school finance

Good to see.

Jimmie Don Aycock

For the past several weeks, state lawmakers have been meeting to discuss how to better fund public education in the wake of a court ruling calling Texas’ school finance system inequitable, inefficient and illegal.

Education Committee Chairman Jimmie Don Aycock, R-Killeen, confirmed he and 12 to 15 members of the state House have formed an ad hoc, informal group to discuss the state’s method of funding public schools ahead of the 2015 session. The bipartisan group has held a few meetings since the system was declared unconstitutional by State District Judge John Dietz in late August, Aycock said. Attorney General Greg Abbott later appealed that ruling to the Texas Supreme Court.

“I think our group is, basically, looking at what’s practical and doable, independent of whatever the Supreme Court ruling is,” Aycock told the Houston Chronicle on Friday. “And as you might expect in that group, there’s a variety of opinions.”

Aycock said the group has not yet yielded any concrete ideas – no specific bills or funding amounts have been discussed – noting many of the most important funding decisions sat not with his panel but with the appropriations committees.

Ideally, however, he said he hoped the group would first tackle the issue of equity.

“That’s my personal, biggest concern,” said Aycock. “If I could solve anything, my priority would be the equity issue. I’m a big believer in we need to try to fund as equitably as possible. I don’t think we’ll ever achieve perfect equity.”

A couple of the plaintiffs’ attorneys had positive reactions to this, and I tend to agree. If there’s one Republican I have some faith in on this, it’s Aycock. He will at least lead an honest discussion, and he will have the members’ trust. Whether there is anything they can come up with that can then be passed in both chambers is another story, but that’s not his concern right now. It’s not clear to me that equity will be any easier to tackle than adequacy will, but I suppose one can cling to the belief that the Supreme Court will not force that issue. Be that as it may, I look forward to seeing what they come up with.

Posted in: That's our Lege.

Another HCC lawsuit

Hard to keep track of them all.

The former top attorney and acting chancellor of Houston Community College filed a lawsuit Monday alleging she was fired because she told the FBI of her suspicions that board members sought to use bond funds to award kickbacks.

Renee Byas, ousted in August, said in the lawsuit that some of HCC’s elected board members wanted to change procurement rules “so they could hand out bond-related contracts to friends or family.”

The whistle-blower lawsuit is the latest in a series of accusations of improper business dealings involving one of the nation’s largest community colleges. And it alludes to renewed interest in the institution by federal investigators.

Neeta Sane, chairwoman of the HCC board, denied that Byas was fired in retaliation for talking to the FBI and said she did not know of any instances in which board members tried to steer contracts to preferred vendors.

HCC won voter approval in November 2012 of a $425 million bond issue, the largest in the college’s history, creating numerous construction projects to put out for bids.

“I’m just so disappointed in all these allegations,” Sane said.

The lawsuit alleged that Sane and trustee Chris Oliver met with Byas for four hours in January “trying to convince her to abandon the strict procurement rules because people in their districts ‘wanted contracts.’ ”

“At one point during the meeting,” the lawsuit continued, “Ms. Sane showed Ms. Byas a list of firms who were supposed to ‘get’ contracts.”

Sane said she recalled looking with Byas at a list of project managers included in a public meeting agenda, but Sane said she never asked the acting chancellor to select certain firms.

“I would never be involved in a meeting like that,” added Oliver, the board’s vice chairman.

[...]

Byas, represented by high-profile Houston attorney Rusty Hardin, also alleged in the lawsuit that Sane and trustees Dave Wilson and Robert Glaser “cornered” her at a conference in Santa Fe, N.M., and questioned why she couldn’t revise the procurement process so that local firms could be given contracts for bond projects.

See here for some background. I’m amused by the presence of Dave Wilson’s name in this lawsuit – he has faithfully sent me a press release every time there has been news about his battle with County Attorney Vince Ryan, but radio silence this time – and not amused at all by the presence of the other names. HCC does a lot of good, but their governance has never not been a mess. There may be nothing to this lawsuit, but it’s not like anyone can say that with confidence. Campos and Hair Balls have more.

Posted in: Legal matters.

Friday random ten: It must be Halloween

I know I’m in the late stages of a recurring theme for Friday Random Tens, but how can I not break out of it when Halloween falls on a Friday?

1. Creepy Doll – Jonathan Coulton
2. Scarecrow – Steeleye Span
3. Frightened – Easter Island
4. Monster – Lady GaGa
5. Skeleton Man – Evangelicals
6. Voodoo Chile – Stevie Ray Vaughan
7. Ghosts – ON AN ON
8. Spiders And Snakes – Jim Stafford
9. Vampires – Fastball
10. The Candyman – Nevada Newman

I’ve done this twice before, and I’m happy to say that I’ve managed to avoid repeating any songs as I’ve repeated the theme. I’ll need to wait a couple of years before I do this again to ensure I can still say that the next time. Happy trick or treating, y’all.

Posted in: Music.

2014 Day 11 Early Vote totals

But first, a little Republican angst.

EarlyVoting

The Republican Party of Bexar County has issued a series of desperate pleas to conservative voters, saying “the Democrats are beating us on base turnout,” but two of the Texas party’s biggest names converged on San Antonio to get any complacent GOP voters off their couches.

U.S. Sen. John Cornyn and gubernatorial candidate Greg Abbott rallied supporters on Wednesday at Alamo Café, echoing concerns of local GOP leaders that loyalists who usually vote early aren’t all doing so.

“It’s a risk when people feel you’re going to win. They feel ‘why bother?’ That’s why events like this are so important, to encourage people to vote,” Cornyn said.

“We noticed that our base is sagging a bit,” said Bexar County GOP Chairman Robert Stovall.

“For the first time, I hope Republicans are right,” quipped his Democratic counterpart, Manuel Medina.

Both parties are armed with overnight data from early voting that ends Friday. While Republicans are anxious about their turnout numbers, Democrats are buoyed by theirs.

I have no insight into Bexar County, and it’s often difficult to distinguish between truth and bluff in this kind of story, but I like the sound of this anyway. It is credible to me that Bexar could be overperforming thanks to the presence of Leticia Van de Putte, as Tarrant appears to be doing for Wendy Davis and Harris did in 2010 for Bill White. Be that as it may, I think we can take this at face value.

And then there’s this from the Quorum Report, via email from the Davis campaign:

As we’ve said from time to time at Buzz Central, if Texas is a battleground, Harris County is ground zero. Perhaps never before has that seemed so true. Conservative activists, including the local GOP’s new and old leadership, are said to be waging all-out war to try to keep Sen. Wendy Davis’ performance in Harris County from affecting their down ballot candidates. There has been much grumbling in recent weeks from local Republican judicial candidates who feel that not enough has been done to turn out the GOP vote.

Longtime conservative activist and donor Dr. Steve Hotze – a major financial contributor to Sen.Dan Patrick – recently sent out mailers and emails pleading for Christian conservatives to get out the vote.

In offering what he called a “Contract with Texas,” Hotze said “Republicans are in trouble in Harris County. For the first time in over two decades the Democrats have matched the Republicans in Early Ballots by Mail which Republicans historically have led by a 2 to 1 margin.”

Hotze went on to explain that he’s seen polling that shows Attorney General Greg Abbott running behind Sen. Davis by just 1 percent in Harris County. Some reliable sources tell QR they have seen similar polling.

“This adversely affects the down ballot races,” Hotze wrote. “Republican District Attorney Devon Anderson is in a dead heat with Democrat challenger Kim Ogg,” he said.

“The Republican judges are running neck in neck with the liberal Democrat judicial candidates. Obama’s Battleground Texashas registered over 1,000,000 new voters in Texas.”

And with that, here are your Day 11 EV totals, and here are the full 2010 EV totals. In this case, skepticism is warranted. The evidence we have is that Republicans have an eight or nine point lead, which is smaller than what they’re used to for off year elections, but still nothing to sneeze at. Whatever the polls say – the KHOU poll is the only Harris County-specific public data of which I am aware – the actual vote rosters tell us more. The good news, from the Dem perspective, is that we have more base voters left to motivate. The bad news is that there ain’t much time left to do that, and I’m not sure anyone knows why the numbers haven’t been higher. But hey, at least you know that we’re not the only ones that have been sweating.

Posted in: Election 2014.

McClelland wants more money for more cops

And I want some answers before we go along with this request.

Houston Police Chief Charles McClelland asked city leaders Tuesday for an additional $105 million over five years to hire hundreds of new officers as part of a plan to shore up divisions where thousands of crimes are never investigated and bolster traffic enforcement as automobile collisions citywide are rising.

McClelland’s request comes as Mayor Annise Parker is searching for cuts to address an estimated $120 million budget deficit for the fiscal year that begins next July 1. Rising pension and debt costs, along with a voter-approved cap on city revenues, are fueling the city’s looming budget problems.

Executive assistant chief Timothy Oettmeier said HPD is proposing hiring 540 additional officers over the next five years, part of a 10-year plan to add 1,200 officers to investigative and patrol divisions. The staff increase would include new officers and hiring civilians to free up officers for field work.

Oettmeier said HPD was “enormously sensitive” to the budget situation and is using the hiring plan as a way to start a discussion. “What we’re simply saying is we need additional personnel, but given the current economic climate, can we sit down and figure out how to proceed at a time that’s appropriate for everybody,” Oettmeier said.

[...]

This summer, two independent police research groups hired to analyze HPD’s staffing noted that the department’s division commanders reported they had more than 20,000 crimes with workable leads that were not investigated due to a lack of manpower. That figure included burglaries and thefts, hit-and-run crashes and assaults.

Crime statistics provided to the committee showed HPD’s clearance rate for theft, burglary and auto theft was 11 percent last year.

[Ray Hunt, president of the Houston Police Officers' Union] blamed a 44 percent clearance rate for rapes on low staffing, adding that HPD has seven detectives working adult sex crimes, compared to 15 deployed by the Austin Police Department.

“There’s no question that we’re struggling in some of the investigative divisions,” Oettmeier said, responding to the union.

I’ve expressed my opinion on that no-investigations report before, and the questions I raised then have not been addressed, as far as I know. I am not willing to spend more money on hiring officers until we get some answers to how well HPD uses the budget and resources it has now. We may well need to hire more officers, and to increase the pay we offer to them. I’m perfectly willing to accept that possibility, and the possibility that we will need to spend more money on police, but I am not willing to accept anyone’s word for it. Show me how HPD has performed in comparison to its own recent past and to other large city police forces, and then we can talk staffing levels. I don’t think I’m asking for too much here.

Posted in: Crime and Punishment.

The Fifth Circuit is in no hurry to rule on same sex marriage

Such a show of courage on their part.

RedEquality

The Fifth Circuit Court of Appeals tentatively has scheduled oral arguments in the Texas and Louisiana gay marriage cases for early January, disappointing local advocates and possibly delaying until 2016 a hearing by the U.S. Supreme Court.

Texas gay marriage advocates were disappointed with the Monday announcement. The New Orleans-based appeals court had earlier agreed to expedite the hearing, and the appellees hoped oral arguments would be scheduled before the New Year.

“This doesn’t look like a very expedited schedule to me. But justice can’t come soon enough,” said Daniel McNeel “Neel” Lane, an attorney for the two same-sex couples challenging Texas’ ban on gay marriage. U.S. District Judge Orlando Garcia of San Antonio struck down the 2005 ban in February, saying it violated couples’ 14th Amendment rights to due process and equal protection.

Nicole Dimetman and her wife Cleopatra DeLeon, one couple on the appeal, are expecting the birth of their second child in March. They had requested an expedited hearing in the hopes the legal process would be completed, or at least further along, at that time.

“I may have to miss the argument in January because I will be in my third trimester and may not be able to travel,” Dimetman said. “That is sad for Cleo and me and for everyone else who is waiting for the Fifth Circuit to recognize our right to marry.”

[...]

Many agree a circuit court split of this kind is most likely to occur in the Fifth or Sixth Circuits, seen as the two most conservative appeals courts in the country. Oral arguments in the Sixth Circuit have already taken place, and a federal judge in Louisiana became the first to uphold a state’s same-sex marriage ban in September.

“I think the safest thing to say is the Supreme Court is waiting for a clear circuit split…and these cases raise that very significant possibility, said Kyle Duncan, special counsel the state of Louisiana has hired to handle the challenge to its gay marriage ban. “They were already extremely important cases and now even more so,” Duncan said, adding he also thought the hearing would have been scheduled a little sooner.

But unless the Ohio-based Sixth Circuit upholds a state ban soon, the Fifth Circuit may not rule on the Texas and Louisiana cases until after the current Supreme Court term ends in June, said University of Richmond School of Law Professor Carl Tobias. This would push back any hearing by the high court justices until the 2015 term, which starts in October, thus delaying an ultimate decision until 2016.

See here and here for the background. I’m going to play the contrarian card here and suggest that the logical explanation here is that the Fifth Circuit knows full well there’s no rational argument for upholding Texas’ ban on same-sex marriage. It’s just that they don’t want to uphold the lower court either. So, they delay, figuring it maintains the status quo as long as possible without making them look like complete idiots. Anyone got a better crazy theory than that? Lone Star Q has more.

Posted in: Legal matters.

Endorsement watch: Juvenile courts

I had thought we were at the end of the line for endorsements, but not quite yet.

Natalia Cokinos Oakes

314th Juvenile District Court: Natalia Oakes

Democratic candidate Natalia Oakes has dedicated her career to helping children, and voters should put that passion to use on the bench. Oakes, a graduate of the Thurgood Marshall School of Law at Texas Southern University, has practiced in Harris County family courts for 14 years. Before becoming a lawyer, Oakes worked as a teacher, giving her a solid background for communicating with children and their parents in distress. She told the Chronicle editorial board that she is running for judge to “have the power to introduce new and innovative programs” to the juvenile courts. She would like to see more emphasis on tracking offenders to determine the effectiveness of different rehabilitation programs. Her goals are laudable and her background promising, but her opponent is the tipping point.

Republican incumbent Judge John F. Phillips has served in the 314th since 2002. Despite recognized capabilities, Phillips has earned a reputation for cronyism and heavy handedness. He has been noted for assigning former law partners and campaign contributors as court-appointed attorneys. Phillips also has been criticized for abusing his discretion in separating an abandoned 12-year-old rape victim from her child. We wanted to hear Phillips’ side, but he refused to meet with the editorial board.

Despite her lack of judicial experience, we think the 314th needs a change and that Natalia Oakes will be a capable new judge.

I should note that the Chron endorsed Cokinos Oakes in 2010 for the then-open 313th Juvenile Court. I don’t think she got any less experienced since then. Be that as it may, the Chronicle didn’t mention that the criticism they cite of the incumbent judge in this race comes courtesy of their own Lisa Falkenberg. Falkenberg gives us a reminder of Judge Phillips’ rap sheet.

In recent days, readers have contacted me, some of them apparently on their way to vote early, asking variations of the same question: “What was the name of that judge who took away Angela’s baby?”

By now, all you readers should know his name by heart. But as a frequent sufferer of name-recall syndrome myself, I don’t mind answering.

He is state district Judge John Phillips, a Republican elected to the 314th district court in 2002. After his Republican primary opponent was excluded from the ballot, apparently on a technicality, Phillips was left to face Democrat Natalia Oakes, a juvenile law attorney and former teacher.

In a recent Houston Bar Association poll, Oakes bested Phillips 400-348 – not a huge lead for Oakes but a significant shortcoming for Phillips, a Republican on the bench for more than a decade who holds an administrative position in juvenile courts.

Recently, I asked a reader who votes overwhelmingly Republican and often disagrees with my stances on social issues what kept her from voting straight ticket.

“Well, because there’s always a few,” she said with a laugh. “There’s just always a few.”

She listed Phillips among the few.

[...]

In 2008, I wrote about how the judge ordered two children, aged 1 and 2, from the home of their LaPorte grandparents, who had raised them since infancy, and placed with strangers in a foster home. In a hearing terminating the rights of the parents over drug abuse, Phillips refused to let the grandparents intervene, apparently because he deemed the couple, both in their 50s, too old.

Phillips said the boys would need guidance into their 20s and “the stark reality is there’s a very good chance” their grandparents “will be dead at that time.’”

More recently, a series of columns on 12-year-old rape victim “Angela” gained wide attention from readers. Angela, abandoned by both parents after she became pregnant, was placed in CPS custody. The girl, who had every reason to resent the life inside her, embraced pregnancy, decided on breastfeeding, and even bonded with a Rosharon relative of her foster mother who agreed to provide a loving, stable home for her and her baby.

But when Phillips got wind the Rosharon family was caring for the newborn, he demanded that child protective officials transfer the baby to a foster home in Montgomery County where Angela wouldn’t have access to her.

Phillips told Angela bluntly in court: “You and your baby are not going to be together.”

His reasons had nothing to do with the law. State law only allows children to be taken from parents if there’s evidence of abuse or neglect – neither of which was ever alleged against the young mother.

Phillips was ready to throw Angela away as damaged goods, and he might well have succeeded, if not for attorney Thuy Le, who fought to represent the girl and eventually prevailed in getting a new judge to reunite Angela and her baby.

He also likes to post juvenile crap on Facebook, and he didn’t like the Public Defenders Office, but there’s enough to question his fitness to be a judge without that. Cokinos Oakes did not send me Q&A responses this year but she did so in 2010, and you can see that here. I did get responses from Tracy Good, the Democrat running for the 313th Juvenile Court, and those are here. We’ll see if there is any Falkenberg Effect in this race.

Posted in: Election 2014.

2014 Day 10 Early Vote totals

EarlyVoting

Here they are, and here are the full 2010 EV totals. The debate about what the turnout numbers mean continues apace. You already know what I think about that, so let me introduce a different perspective. We’ve been talking about these numbers mostly in the context of 2010. I’ve been saying that’s at least somewhat misleading since so much of the early voting explosion that year came from Republicans. I thought it might be useful to look back at previous to see how Democrats in Harris County performed in them, since as I’ve been saying it’s as much about who turns out as it is how many of them there are. To that end, here are the actual absentee plus in-person early voting numbers for the Land Commissioner race for 2002, 2006, and 2010, taken from harrisvotes.com:

Year Candidate Mail Early Total Pct RvD ======================================================== 2002 Patterson 22,114 79,879 101,993 56.1 58.0 2002 Bernsen 12,607 61,003 73,710 40.6 42.0 2002 Others 634 5,374 6,008 3.3 2006 Patterson 13,640 88,517 102,157 55.2 56.8 2006 Hathcox 7,945 69,703 77,648 42.0 43.2 2006 Others 477 4,629 5,106 2.8 2010 Patterson 36,216 221,145 257,361 59.2 60.3 2010 Uribe 16,450 152,832 169,288 39.0 39.7 2010 Others 733 7,098 7,831 1.8

“RvD” is the straight R versus D percentage. I have used the Railroad Commissioner race for similar purposes in the past; I had no specific reason for using the Land Commish race here, I figure they both recapitulate partisan participation reasonably well. Greg had the R/D number at 54.5/45.5 through Monday. However you feel about the numbers so far, they are better than what we have done in elections past. Does that mean they are as good as they could be? Is this where I thought we’d be as of today? No and no. But it is better than what we have done in past non-Presidential elections, assuming we don’t do any worse till the end of the week. We’ll see how it goes from here.

Posted in: Election 2014.

Parker orders withdrawal of pastor subpoenas

They got what they wanted.

Mayor Annise Parker

Mayor Annise Parker

With local pastors standing with her, Mayor Annise Parker has told the City Legal Department to withdraw the subpoenas filed against five local pastors who have identified themselves as the leaders of the petition drive to repeal the Houston Equal Rights Ordinance (HERO).

“This is an issue that has weighed heavily on my mind for the last two weeks,” said Mayor Parker. “Protecting the HERO from being repealed is important to Houston, but I also understand the concerns of the religious community regarding the subpoenas. After two meetings yesterday, I decided that withdrawing the subpoenas is the right thing to do. It addresses the concerns of ministers across the country who viewed the move as overreaching. It is also the right move for our city.

In a breakfast meeting yesterday, Mayor Parker met with local Pastors Rudy Rasmus, Jim Herrington and Chris Seay. She had a second meeting later in the day with National Clergy Council President Rob Schenck, Reverend Pat Mahoney of the Reformed Presbyterian Church, Pastor Myle Crowder from Utah, Pastor David Anderson from Florida, Pastor Sean Sloan from Arkansas and two others.

“These pastors came to me for civil discussions about the issues,” said Parker. They came without political agendas, without hate in their hearts and without any desire to debate the merits of the HERO. They simply wanted to express their passionate and very sincere concerns about the subpoenas. The second meeting group wasn’t from Houston, but they took the Houston approach of civil discourse in presenting their case. We gained an understanding of each other’s positions.”

Thousands of the signatures submitted with the HERO petition failed to meet one or more of the requirements mandated by the City Charter and had to be disregarded. As a result, the petition was not placed on the ballot for voter consideration. HERO opponents have filed suit against the city in an effort to reverse this decision and force the issue to a vote.

Mayor Parker reiterated that this has always been about proving that the petition process used by the five pastors who identified themselves as the organizers of the effort did not meet the requirements of the City Charter. “That got lost in the national debate over the subpoenas,” said Parker. “Today’s move refocuses the discussion and allows us to move forward.”

The lawsuit is scheduled for trial in January.

There was a story in the paper on Tuesday about the meeting Mayor Parker had with these visiting preachers. I didn’t see any evidence of good faith on their part, but I suppose the Mayor did. When I saw this press release my first reaction was that it would not buy any goodwill from the HERO haters. I was right.

The move is in the best interest of Houston, she said, and is not an admission that the requests were in any way illegal or intruded on religious liberties. “I didn’t do this to satisfy them,” Parker said of critics. “I did it because it was not serving Houston.”

Regardless, the mayor’s critics were not quieted. Grace Community Church pastor Steve Riggle, who was among the subpoenaed pastors, said, “If the mayor thought the subpoenas were wrong, she would have pulled them immediately, not waited until she was forced to by national outrage.”

[...]

The plaintiffs’ attorney, Andy Taylor, called Parker’s announcement a “head fake,” and challenged her to not only pull down the subpoenas, but to drop the city’s defense of the lawsuit and put the ordinance to a vote.

“The truth is, she’s using this litigation to try to squelch the voting rights of over a million well-intentioned voters here in the city of Houston,” Taylor said. “It’s very simple why we filed a lawsuit: Because they won’t do what the city constitutional charter requires them to do.”

Plaintiff and conservative activist Jared Woodfill said he was glad the subpoenas were dropped, but he and others said a planned protest rally Sunday at Riggle’s church will proceed.

Quelle surprise. I personally would have said that if you want the subpoenas dropped, there’s an easy way to make that happen: Drop the lawsuit to force a referendum to repeal the Equal Rights Ordinance. No lawsuit, no need for subpoenas of any kind. Instead, I’ll make a prediction that not only will this unilateral action fail to satisfy the bigots, it won’t stop them from claiming that Mayor Parker is continuing to oppress them even though they got exactly what they were demanding. What will you bet that at least one speaker at that rally says something like that? Or that nobody bothers to tell those people sending all those bibles that they can stop now? Why let an inconvenient fact ruin a good victimization tale, especially one with such good fundraising potential? Yeah, I’m not thrilled with this decision – I’d at least have told the preachers to read David Gushee’s new book first – but it is what it is. For everyone else, let me recommend LGBT Positive Impact Day as an appropriate way to respond. Lone Star Q and Hair Balls have more.

Posted in: Local politics.

Endorsement watch: County civil courts

I believe we are finally at the end of the endorsements line. Last to the table are thecounty civil courts, where in a slight change of pace the Democratic challengers were recommended in two out of three contested races:

Civil Court of Law No. 3: Gloria Cantu Minnick

A graduate of South Texas College of Law, Democratic candidate Gloria Cantu Minnick, 69, would bring not only trial experience but sorely needed management skills to this bench with a docket that has grown too long.

Minnick has served as assistant city attorney and senior assistant director for the Public Works and Engineering Department. Republican incumbent Judge Linda Storey has served on the bench since 2006. Also a graduate of South Texas College of Law, Storey, 46, told the Chronicle editorial board that she believed in the election process for judges.

In this case, voters need to vote for a change and support Minnick for this bench.

Civil Court of Law No. 4: Damon Crenshaw

Democratic candidate Damon Crenshaw, 55, is campaigning on the promise to make this court run more efficiently. A graduate of South Texas School of Law, Crenshaw has over 25 years of legal experience.

We agree that it’s time for a change. His opponent, Republican incumbent Judge Roberta Lloyd, received her law degree from Stetson University College of Law and an L.L.M. in taxation from the University of Miami. Her work in animal cruelty resulted in weekly appearances on the television show “Animal Cops-Houston” for several years. Lloyd, 59, has a reputation for being hard to work with on the bench. When you’re a judge, it’s not just about being right, but about how you manage your courtroom. Lloyd has served on this bench since 2004; it’s time for fresh ideas and a new energy.

As has been the norm, the Chron had some nice things to say about the Dem challenger they didn’t endorse, Scot Dollinger, whose Q&A you can see here. I don’t know how much these endorsements matter in the end, and I certainly didn’t agree with all of their choices, but kudos to the Chron for making the effort on all these races. There are a lot of them, and not a lot of sources for voters to learn about the candidates – the endorsements, the League of Women Voters Guide, the HBA Judicial Preference poll, and the various Q&As done by myself, Texpatriate, and Texas Leftist. I hope you feel you had enough information to make sound decisions.

Posted in: Election 2014.

Texas blog roundup for the week of October 27

The Texas Progressive Alliance says VOTE VOTE VOTE as it brings you this week’s roundup.

Continue reading →

Posted in: Blog stuff.

2014 Day Nine EV totals

Here they are, and here are the full 2010 EV totals. I don’t have it in me to do any analysis, so let me refer you to Greg for the lay of the land. Monday wasn’t as good as I had thought it was, though it was a bit better than the average day last week. Tuesday looks similar to Monday, but I’ve learned my lesson. I’ll wait till Greg does his number-crunching before I make any pronouncements.

Posted in: Election 2014.