This week's redistricting hearing brought out some of the clearest evidence yet that in the redistricting process, the Republican legislature and State of Texas deliberately fragmented urban minority populations to dilute their voting power. Furthermore, Republicans in the Legislature did this not merely in a few districts, but rather in population centers across our state. It's a problem that can't be fixed by just moving a few precinct lines. We need an entirely new map from what the Legislature passed, one that is drawn with genuine respect to minority population growth.
This evidence was clearly presented in a Powerpoint from members of the plaintiffs group, which demonstrated clearly that in Dallas, Tarrant, Harris, and Bell Counties, efforts were taken to disguise minority population growth, and fragment minority communities into multiple districts to dilute their collective voting strength. The Powerpoint is embedded below, but for those of you who want the quick and dirty version, here's a taste:
Slide 2:
Dallas County
The Anglo population of Dallas County is 33% of the total, suggesting that Anglos should control 4.66 of the seats in the 14 member district.
Anglos control 8 seats in H283*
Anglo population declined by 198,000
Hispanic population increased by 243,000
African American population increased by 73,000
Asian population increased by 30,000
Slide 12:
Harris County
Anglos make up 33% of the population of Harris County, which would suggest that they should control 8 seats in the 24 member delegation.
Anglos control 13 seats in H283.
Anglo population declined by 82,000
Hispanic population increased by 552,000
African American population increased by 134,000
Asian population increased by 76,827
H283 is the map passed by the Legislature, which deliberately discriminates against minority voting populations by denying them the opportunity to elect candidates of their choosing. It's plainly clear that in Dallas and Harris County, the population growth from 2000 to 2010 was due to minority population growth and Anglo population decline.
Despite clear census data, Republicans drew a map that would allow Anglo voters to control 8 of 14 seats in Dallas county, rather than 4.66 of 14 seats as they should based on proportional representation. Similarly, their map would allow Anglos in Harris County to control 13 of 24 seats, rather than the 8 of 24 that is proportional to Anglo population representation.
This isn't just a problem with a few districts in a few counties. The plaintiffs' exhibit makes clear that legislature's map intentionally fragments minorities to dilute their voting power across the state.
This isn't a minor problem that can be fixed by adjusting a few lines. This is a concerted effort by the Republicans to deny minority populations the opportunity to elect the candidates of their choice, and it needs to be fixed on a macro level, not just by adjusting a few precincts here and there.
Republicans drew this map with the intention of diluting minority voters' power at the ballot box. African-American communities were fragmented, while low-turnout Hispanic precincts were included in swing districts to make the district look Hispanic but vote Republican. As Michael Li explained on BOR previously, it's all about the OHRVS, or Optimal Hispanic Republican Voter Strength. That's the metric the GOP came up with to make a district look Hispanic on paper, but elect Republicans who are not the choice of the Hispanic population.
The first slide in the exhibit below includes the now famous email from Eric Opiela, lawyer for the Republican congressional delegation, explains how this works. Basically, draw in as many precincts as possible that have high Hispanic populations, but have low Spanish surname voter registration and turnout numbers. It's a deceptive practice that helps the Republicans argue that they're not really disenfranchising Hispanics, when in reality that's precisely what they're doing.
In their efforts to settle the maps, the judges on the San Antonio panel seem to have let the discussion move from the macro level--systematic fragmentation of minority communities by Republicans--down to which specific districts need to be "fixed" for everyone to be satisfied with the maps. But it's not about fixing a few districts: it's about the underlying process that drew these maps. That process was flawed, and needs to be redone.
As Harold Cook writes today on his blog, emphasis mine:
So if the remaining argument is about "just a couple of state House districts," it's only because lawyers cleverly, or foolishly, narrowed the focus. It's not because minority voters in many, many other areas of Texas evaporated, were raptured, or suddenly moved to Detroit after Clint Eastwood inspired them during the Superbowl. And while the priorities of those Texans are just as real as the priorities of those living in Wendy Davis' district, or the proposed new metroplex Congressional district, their communities are being fragmented in the exact same way, and for the same purpose: to silence their voices. ... In the end, the final districts should be about ensuring that the minority citizens of this majority-minority state are not silenced due to efforts to fragment them into adjoining districts in which they have no voice.
Hopefully Judges Xavier Rodriguez, Orlando Garcia, and Jerry Smith, who comprise the San Antonio panel, look closely at this evidence and recognize that redistricting plaintiffs aren't quibbling over just a handful of districts, but rather objecting to the blatant effort by the Republican legislature and State of Texas to draw a map statewide that disenfranchises as minority voters as possible, all in the aims of keeping a hold on the State House as long as possible.
Below is the entire exhibit, complete with many maps and charts. It's plainly clear that in Dallas, Tarrant, Harris, and Bell Counties the Republicans deliberately tried to hide the growth in minority populations. Take a look for yourself. The judges on the San Antonio panel have seen this, and it's pretty clear evidence that the state engaged in an illegal gerrymander that violates the voting rights act
We need to toss these state maps, and the so-called "compromise" map Greg Abbott was touting last week (which does little to nothing to remedy these issues) and use maps that fairly represent the minority population growth in Texas.
Do you read updates about the school finance lawsuits and wish you can be there with them? Do you wonder why only school districts, and not you, get to enjoy the fun of fighting your own poorly run state on such an important issue?
Well, you're not alone. There are multiple ways to join in.
The first is an outreach effort by the Texas Taxpayer & Student Fairness Coalition, one of the larger groups suing the state. Join their fight here. From their press release:
The Texas Taxpayer & Student Fairness Coalition, a group representing nearly 400 school districts, has launched a statewide outreach effort to engage the public in the Coalition's fight for fairness.
By registering on the Equity Center's website (www.equitycenter.org) under the Join the Fight! icon, any interested individual may learn more about the Coalition and support its mission. In addition to registering online, individuals can also find a list of ways to spread the word about the Coalition and the impact it can have on millions of Texans.
"We encourage every Texan to support this effort to bring fairness to taxpayers and students. This lawsuit won't just be won in the courtroom; it will be won in every community across Texas, as individuals and groups join together to stand up for Texas taxpayers and children," said Doug Killian, Superintendent of Hutto ISD and the Coalition's Vice-President of Communications.
Meanwhile, Democratic US Senate candidate Paul Sadler (profiled earlier today on BOR) is circulating a petition for a special session. True - this isn't directly related to any of the school finance lawsuits, but a Special Session could theoretically remedy the problems brought by the hundreds of school districts bringing Texas to court. Sadler had some particularly hard-hitting words for the Democrats' potential general election opponent, David Dewhurst:
I have a simple message for David Dewhurst: get to work, or resign.
That's right -- Lieutenant Governor David Dewhurst should support bipartisan calls for a Special Session of the Texas Legislature to address the state's school funding crisis, or resign his office immediately. Massive cuts to education this year, followed by systematic cuts planned for next year, will create a "Double Robin Hood" scenario for many public schools - I call this the Dewhurst Disaster.
So...what are you waiting for? Don't just read this - sign up for better schools!
This is the first in what will be a weekly rundown of environmental news affecting Texas, the United States, and the world. In brief, the drought in Texas continues despite recent rains in East Texas, news leaked out of an ongoing oil spill in the Gulf that began in 2004, the Keystone XL pipeline debate made its way onto Comedy Central, nuclear power is making a comeback in the US, and President Obama released his 2013 budget.
The Drought In Texas
The water supply system in Texas was built in response to the 1950’s drought. Laura Huffman of the Nature Conservancy argues that Texas needs major investments to meet the needs of today’s population and economy. The drought cost Texas over $5.2 billion in crop and cattle losses last year. If water supplies do not improve, losses could reach $116 billion a year by 2060.
The drought killed 5.6 million trees in urban areas and up to 500 million trees statewide, or about 10% of the state’s forest cover, according to a report from the Texas Forest Service. Houston saw some of the worst drought damage, with thousands of trees lost in Memorial Park alone. Central and North Texas parks tend to feature hardier, drought resistant species, so losses were less in those areas.
Republicans in the Senate are attempting to attach an amendment to a highway bill that would force approval of the pipeline. President Obama has threatened to veto a similar bill in the House.
Anti-Keystone activist, Bill McKibben, appeared on the Colbert Report to discuss the widespread public outrage over the Senate Republicans’ plans. His group, 350.org collected over 800,000 signatures urging senators to vote against the pipeline.
Canadian Prime Minister, Stephen Harper, has labelled the citizens of British Columbia “enemies of the government of Canada” for protesting against the Northern Gateway Pipeline which would bring tar sands oil from Alberta to Kitimat on the pristine northwest coast of BC.
Other News
As we all know, our Governor, and national disgrace, Rick Perry loves polluters, and hates anyone (such as the EPA, children with asthma, and even religious organizations) that get in the way of his huge crush on those who poison our Texas environment. The Texas Tribune has a neat interactive guide to Perry’s pursuit of dirty water and unbreathable air for all.
President Obama released his 2013 Budget that would increase funding for clean energy and energy efficiency by 30%.
The Texas Commission on Environmental Quality (TCEQ) released the agenda for its last meeting, on Feb. 8 showing fines totaling $636,000 were handed down for violations including 11 air quality, 3 municipal solid waste, 7 municipal waste discharge, 3 petroleum storage, 2 public water system, and 2 water quality violations. One particularly macabre violation was handed out to an Illinois medical waste disposal company, Stericycle, which was improperly dumping human remains in landfills in Austin and McCallen. Stericycle was fined $42,000. The entire agenda text can be read here. TCEQ will meet next Feb. 22.
Nuclear power is back in the news after the announcement that 2 new reactors will be built in Georgia. They are the first reactors approved in the US since 1978. Nuclear power requires very little fuel, produces a huge amount of energy, and creates almost no waste… Unless something goes wrong. The biggest obstacle to new nukes is, of course, the fear of another Fukushima like tragedy, but the cost of new plants is prohibitive as well. The Georgia plants are expected to cost $14 billion! Gizmag has a fascinating piece on Small Modular Reactors which are significantly smaller, safer, and, potentially, orders of magnitude cheaper than the current massive plants. Its definitely worth a read.
(The primary races in El Paso are running hot! Check out this guest post from Jaime Abeytia of the Lion Star Blog and get up to speed. - promoted by Katherine Haenschen)
By Jaime Abeytia
For the first time in many years, if ever, the two major local seats in El Paso's Mission Valley are taking center stage. In fact, if it wasn't for the race for the 16th Congressional District, the Mission Valley elections would be the only ones worth paying attention to in the El Paso area.
The race for State Representative for District 75 and the race for El Paso County Commissioner Precinct 3 both cover the Mission Valley area and feature crowded fields with a mix of familiar faces and political newbies.
House District 75 is currently represented by State Representative Innocente "Chente" Quintanilla, who is vacating his seat in order to run for El Paso County Commissioner in Precict 3. El Paso County Commissioner Court Precinct 3's current office-holder is Willie Gandara Jr, who is vacating his seat in order to run for House District 75.
There has been a long-time political feud between State Representative Quintanilla and County Commissioner Willie Gandara, Jr going back several years when Gardara took on Quintanilla for the State Representative seat prior to Gandara's election to the El Paso County Commissioner's Court. Early in the campaign season it appeared that Gandara and Quintanilla were going to do battle once again over a seat - this time Gandara's seat. But just prior to the first filing deadline back in December, Commissioner Gandara announced that he would be making a bid for the seat being vacated by Chente Quintanilla who had made his plans to vacate public knowledge much earlier in the election season.
Read about the candidates for HD-75 and El Paso County Commissioner Precinct 3 below the jump.
This is the second in a series of profiles on the four Democratic candidates for US Senate.
He's undeniably the most experienced and qualified candidate in the race on either side of the aisle, with a long record of concrete accomplishments in education and renewable energy. Now, voters will decide if US Senate candidate Paul Sadler can translate leadership and success on issues that matter to Texans into a winning campaign.
"People of this state need government that works, not dysfunction," stated Sadler. "We need to elect people to the Senate that know how to solve problems, and that's my history and my record in the legislature. That's what I do best."
Is there, in Texas, hunger for a problem-solver who embraces bipartisanship in the name of finding solutions and getting things done? The Sadler campaign may be our chance to find out if voters are willing to look beyond party identification and think about what qualities enable an elected official to actually get things done. Clearly, Texans know a thing or two about dysfunctional government. The chaos and trouble caused by the most recent legislative session -- much of which is still ongoing due to redistricting and voter ID litigation -- and the basement-level approval rating of Congress have arguably led to one of the highest levels of sheer frustration with representative government that we've seen in decades.
It's this frustration with partisan gridlock that Sadler looks poised to capitalize on, which fits well with his own history as a six-term legislator with a record of passing tremendous amounts of popular, bipartisan legislation. In our recent conversation about his Senate campaign, it was clear in his voice that he genuinely believes the people of Texas want a senator who is committed to solving problems and generating pragmatic results. Sadler served six terms in the house back in the 1990's, representing an East Texas district and working with legislators in both parties to pass a genuinely impressive slate of legislation. He made Texas Monthly's Best Legislators list five times, and won a long list of awards for his service to Texans.
What did he win the awards for, and how does he plan to win this election? Find out below the jump.
(So if you had "after the municipals" in the office pool on when the primary would be, you could be the big winner! - promoted by Katherine Haenschen)
The San Antonio panel told the Democratic and Republican parties today to prepare tentatively for a May 29 primary and asked the parties to submit proposed changes to the Texas Election Code deadlines and party procedures based on that date.
Both parties have said they would keep their state conventions on the second weekend of June, which means that a number of internal party rules- as well as parts of the Texas Election Code- would have to change to accommodate a primary that does not occur until shortly before the state convention.
Chad Dunn, general counsel for the Texas Democratic Party, said the party likely would choose to forgo precinct conventions and move directly to senate district and county conventions. After the hearing, Steve Munisteri, chair of the Republican Party of Texas, told reporters that he would be discussing a similar arrangement with the State Republican Executive Committee.
Under the possible proposal outlined by Munisteri, district conventions would be held in April as scheduled but would be open to all comers who swear an oath that they are a Republican. At the district convention, attendees would break into precinct caucuses and elect delegates to the state convention in June.
The court did not discuss the date for runoff elections but discussion after the hearing suggested that early August date was most likely.
The court said it would finalize a date based on progress on interim maps.
Republican Primary: Redistricting and Cruz's Case for Himself
Texas was originally scheduled to be a Super Tuesday state in the GOP presidential race, but the redistricting fight forced the primary back to April. Now, with no agreement in sight, that date looks likely to be pushed back another month.
If Texas votes after the GOP has coalesced around a nominee, turnout will be lower. That helps former the non-Dewhurst candidates: Solicitor General Ted Cruz, football analyst Craig James and Dallas Mayor Tom Leppert. Lower turnout means less poorly informed Republican voters (har-har), who are more likely to select the Republican whose name they recognize. A later primary date also gives those candidate more time to promote themselves and spread their message.
At CPAC last weekend, Ted Cruz continued his efforts to get national Republicans to coalesce around his candidacy. In an interview with RedState, he laid out the core argument of his candidacy: he was a successful Solicitor General who fought back on the Ten Commandments on state grounds, gun rights, and stands as the only pure conservative in the race. The Senate needs him, he argues, because the Senate will be the battleground on all essential federal issues - from ObamaCare to tax reform.
Democratic Primary: Sadler Takes on Dewhurst
Former State Rep. Paul Sadler is challenging Lt. Gov. David Dewhurst's abandonment of public schools head-on. Today, Sadler called on Dewhurst to resign if he doesn't call a Special Session of the Legislature to deal with Texas's school funding crisis. "Massive cuts to education this year, followed by systematic cuts planned for next year, will create a 'Double Robin Hood' scenario for many public schools," Sadler said in a press release. "I call this 'The Dewhurst Disaster.'"
There is growing bipartisan support for a Special Session because this school funding crisis has left our public schools drastically underfunded. Teachers are calling on the Perry-Dewhurst administration to take action. Sadler has also started a petition to end the Dewhurst Disaster: sign it here.
Dewhurst spokesperson Matt Hirsch fired back at the Sadler campaign today, with a statement full of lies:
"It didn't take Paul Sadler long to demonstrate his tax-and-spend liberal credentials. We don't need a special session to spend more money and drain the Rainy Day Fund. The reason Texas overcame an enormous budget shortfall last session is because David Dewhurst prioritized spending on public education and balanced the budget within available revenue -- without raising taxes and while protecting the Rainy Day Fund. It's that same conservative approach that David will take to Washington."
Texas did not "overcome" the budget shortfall. Rick Perry and David Dewhurst's shot Texas in the foot by underfunding education when our schools desperately need new money to accommodate population growth. All so they wouldn't have to raise any taxes on their sugar daddy donors or their corporations. An uneducated workforce hurts our state's economic future for years to come, but David Dewhurst just doesn't care.
Nor, by the way, do any of the other Republicans, who have no problem with Texas's school crisis.
Government benefits maps - can't get enough of 'em. This week, perhaps as a Valentine's Day gift to those of us who love sociological maps, the New York Times is showing the share of Americans' income that comes from government benefits like Medicare, Social Security, and veterans' benefits - the sum of which has more than doubled since 1969. And it's extra fun because it shows the breakdown by county nationwide, so you can see not just how different parts of Texas compare to one another, but also how Texas compares to other states and counties. But wait, there's more - if you hover over a county, you can see the trend over time and compared to the national average.
One of the first things you'll notice is that despite the efforts of our fearless governor to keep federal money out of Texas, Texans get plenty of it. In general, some of the reddest states have some of the highest rates of reliance on government benefits, especially across the South. And in Texas, same goes for some of the reddest counties (I'm looking at you, San Augustine County).
A few highlights:
Only sixteen states have counties where more than 40% of the income is from government benefits. Texas has five of these counties.
The highest concentrations of Medicare and Medicaid in Texas are not necessarily where you would expect. They're in a lot of rural areas, and not just the Valley, but East and North Texas too.
Texas' major cities actually have generally lower rates of government benefit use than the national average.
Maine gets way more government assistance than I would have expected. Just saying.
I, for one, will spend the evening pondering how it is that some people get elected, considering the districts they represent.
(There's a renewed sense of excitement and energy in East Austin thanks to some local leaders who are building progressive infrastructure from the ground up. Check out Hermanos de East Austin and get involved. Their Facebook page is here and their Twitter account is @HermanosDeEATX. - promoted by Katherine Haenschen)
On my first day of teaching, I asked some of my students what they expected from me as a teacher. One student responded, "We just want you to get to know us like family." They wanted me to understand that they were going to make mistakes, that they weren't perfect, but that they had needs. Most importantly, they wanted to know that I would be there for them when they needed me most. Hermanos de East Austin, the brainchild of East Austinite Jose Velasquez, is asking the same of the politicos representing the Eastside community, but is not willing to wait idly by to see who responds.
Though I am not currently a resident of the Eastside, I have joined Hermanos de East Austin in their efforts. My time working there in educational and social services taught me a lot about what East Austinites are looking for. More importantly, many of those I love reside there. Eastside is familia now, and we take care of each other. The Velasquez family, who have carried a legacy as residents of East Austin for decades, understand what being part of the Eastside familia means and through Hermanos de East Austin aim to spread the sense of responsibility that comes with the familia of the Eastside.
Hermanos de East Austin is composed of a group of people that are tired of being bystanders, a group of people that are not prepared to let their familia down and watch as it withers away in the hands of those who have never even remotely attempted to understand its needs. Hermanos aims to acquire more information about the community's true and most immediate needs, to empower residents to take responsibility for their own communities, and to embrace EVERY member of the familia.
At the Saturday morning Hermanos inaugural meeting this past February 11th, thirty-one group members became deputized to become a voter registrar, most of whom have never been civically active in any way. Jose Velasquez explained, "We're here today because I got tired of looking around for heroes, I got tired of looking around for leaders and tired of looking for someone else to do it. We're here today because I realized that each of us can contribute and are leaders in our own right." Leadership, for Jose and the rest of the Hermanos, begins with giving the Eastside community a voice. The 31 voter registrars will begin reviving the voice of the Eastside by registering the thousands of untapped potential Eastide voters.
Council Member Mike Martinez, present at the meeting, emphasized the importance of enacting change in the community. "There is the Austin we show, and then the Austin we know," he stated. To say that that the Austin we know has neglected the evolving Eastside is an understatement. The Austin we know has allowed there to be an insufficient amount of quality social services where they are most needed, especially those that provide relief for homelessness, hunger and lack of healthcare. The Austin we know has unjustly forsaken the education of Eastside students, most of which are students of color, standing watch as the dropout rate increases and as crucial educational programs remain underfunded or are completely cut. The future of East Austin, and America, hangs in the balance.
So why should this matter to you? Well, if there is anything I've learned as an educator it's that the problems of East Austin are no longer contained east of I-35, but so many are rooted there. As Council Member Martinez stated, "We've got to do something about the Austin we know, or we will lose the Austin we show." It is time for us to stop waiting for a hero. We ARE our own heroes. We ARE our own voice. And who better to know what familia needs than your hermanos and hermanas? Join the familia. Join the movement. The tide is coming.
(Here's a run-down of what happened in San Antonio yesterday regarding the primary date. - promoted by Katherine Haenschen)
An April primary is all but dead.
Although the San Antonio court clearly wanted to try to have an April primary of some sort, those hopes appeared dashed when election officials from around the state told the court that an April 17 primary was a severe physical and logistical challenge and "setting counties up to fail." All but one of the nine election administrators present also felt that an April 24 primary was not feasible given the amount of work that needed to be done to redraw precinct boundaries and prepare for elections.
Getting the maps done in time also appeared to be a challenge - with the judges on the panel seeming disagreeing on key issues. When the Harris County clerk tried to suggest that an April 24 was salvageable if maps could be finalized by Monday, February 20, Judge Rodriguez cut off discussion with the question, "What's your next date?" (to general laughter in the courtroom)
In addition, the Justice Department's lawyer, Tim Mellett, threw a new wrinkle into the April primary mix when he told the court that McDaniel v. Sanchez, 452 U.S. 130 (1981), required that any new interim map to be precleared under section 5 of the Voting Rights Act to the extent the map incorporated a settlement with the State of Texas - a process that under the best of circumstances probably would take at least a couple of weeks.
The Justice Department also reiterated its view that the San Antonio court did not have the authority to waive preclearance requirements for new precinct boundaries or requirements of the MOVE Act.
In short, for logistical and legal reasons, an April primary now looks out of the question.
A split primary also is dead.
A split primary also appears dead as a result of confirmation by the state that it does not have funding to pay the estimated $13-$22 million needed to pay for a split primary.
If that changes, both political parties were amenable to a split primary, but the fundamental issue is one of cost.
A May 29 or June 26 primary?
Although a May 29 primary appeared to be the most likely fallback date, Judge Rodriguez suggested during the questioning that a June 26 primary would allow the court to wait for a ruling from the D.C. court. (A position supported by Congressman Joe Barton and several of the redistricting plaintiffs.)
Yes, that would involve some changes to party logistics, including, for Democrats, probably forgoing precinct conventions and just moving directly to senate district and county conventions.
For better or worse, the court did not resolve the issue Tuesday. We may get a better sense Wednesday when the hearing continues. At least one more day of waiting for candidates.
Over the weekend, Mitt Romney claimed that he was "severely conservative," which is a severely odd phrase. Texas' Congressman Ron Paul got himself a headline by being befuddled at the Massachusetts presidential candidate's statement:
Ron Paul counts himself among the baffled by Mitt Romney's description of himself as a severe conservative.
"I think I share your interest in that, because that was the first time I’ve heard that definition, so I guess Mitt will have to tell us exactly what it means," the Texas congressman and GOP presidential contender said Sunday on CBS's "Face the Nation." "Obviously, he means he’s a serious conservative, and he was trying to defend himself, or portray himself as such, but I don’t know exactly what he was meaning by that."
Ron Paul is one severely confused politician in general, though. He's just simply...confused about a lot of things.
Here are a few examples, as a reminder:
This first one actually came from a google search: Ron Paul confused. Once, Ron Paul was confused by his own tweet, not understanding it once a reporter read it back to him.
Of course, Ron Paul is confused at to how his name could possibly have been on racist newsletters decades ago that he was intimitely involved in.
You can never stop making fun of Paul on the Fed. "There is no greater threat to the security and prosperity of the United States today than the out-of-control, secretive Federal Reserve." Seriously...Seriously? I guess we now know why Paul is so against regulating a financial industry that brought about a Great Recession...because, you know, the possibility of another major economic downturn isn't that much of a threat.
"no big government spending program can or will solve our nation’s education problems," according to his website. And even some Democrats will agree with that one. But then he ewants big government programs...on homeschooling.
And finally - tonight's Valentine's Day, and many of you might just be leaving or getting home from dates. Ron Paul's the right candidate for someone's girlfriend, because he's obviously against government intrusion into anyone's private lives or entrenchment upon anyone's personal freedoms...especially when it concerns women!!!....right?...wait...what's "Honest Rape" again?
Few know this, but Texas has five judicial emergencies - more than any other state. A judicial emergency occurs when the seat of a federal judge goes unfilled because of partisanship in Washington.
Republicans in Washington, including Texas's two senators, are blocking wholly qualified judicial appointees based on politics alone. It is shameful, harmful to the millions of Americans who need judicial representation, and must be stopped.
Progress Texas has been making a strong effort to do just that. They already have nearly 3,000 signatures on their petition to get Texas's two Republican senators to confirm the five judicial appointees Texas badly needs.
With elections in Texas still up in the air due to the ongoing redistricting fiasco, two big stories just emerged that highlight the fundamental problems in Texas, and the nation at large, with voter registration.
The non-profit voting rights organization, Voting For America, filed suit yesterday against the State of Texas “on behalf of Voters and the U.S. Constitution” “citing clear evidence that Texas’s election code related to voter registration violates the National Voter Registration Act of 1993 (NVRA).” The suit alleges that Texas election code places onerous restrictions on volunteers conducting voter registration drives, and limits access to voter rolls that could ensure that citizens actually have been added to the rolls.
Michael Slater, executive director of Voting For America, said, ” Texas rules have created a voter registration system characterized by criminal penalties and vague and unduly burdensome requirements that subvert major tenets of the NVRA and violate the Constitution. Current Texas law would make it nearly impossible for voter registration organizations to conduct their work in the state.”
The lawsuit, which names Secretary of State, Hope Andrade, and Galveston County Tax Assessor, Cheryl Johnson, as defendants contains several allegations:
Texas improperly restricts public access to inspect and copy voter registration records in violation of the NVRA, thus severely hindering the ability of individuals and organizations to verify the accuracy of the voter rolls and the fairness of the voter application process.
Texas improperly regulates the distribution of voter registration applications, as it requires anyone seeking to do so to first be appointed as a "voluntary deputy registrar (VDR)" by a county registrar, and places unfair and onerous restrictions and requirements on such VDRs. For example, VDRs must be registered to vote in the state of Texas, and may only accept registration applications from applicants who reside within the same county in which the VDR was appointed.
Texas prohibits VDRs from mailing in completed applications. Rather, VDRs must personally deliver completed applications within five days of collection, a requirement that severely hinders the ability of large-scale voter registration drives to manage their programs and implement effective quality control measures.
Texas places undue restrictions on how community organizations manage their employees, making it virtually impossible to fire under-producing employees and threatening organizations with such excessive threats of fines and criminal prosecution that running such a drive would be prohibitively risky in the state.
The suit also takes issue with the Galveston County Registrar for enforcing a new Texas law requiring photo ID for voters. This action is in direct violation of the Voting Rights Act, which requires all voting laws in several states with a history of racially discriminatory election practices-including Texas-to be precleared by the Department of Justice (DOJ). To date, the DOJ has not cleared the Texas voter ID law.
"Voter registration policies in Texas, over at least the past decade, have created an environment that is hostile to voter registration," says Slater. "This lawsuit seeks to redress some of these policies, which violate state and federal law and endanger the rights of Texas citizens to participate in our democracy."
In national voter registration disaster news, the Pew Center released a study that found, among other things, that 1.8 million dead people are still listed on voter registration rolls, that 2.75 million people are registered to vote in more than one state, and that at least 51 million eligible Americans (thats 24% of the adult population folks) are not registered to vote at all. Pew also found that our antiquated, paper-based voter registration system is not only inefficient, but also costly. In Oregon in 2008, for example, it cost approximately $7.67 to process and update each voter’s registration. Canada, which they site as an example of modern registration practices, spends “less than 35 cents per voter and 93% of its eligible population is registered.”
This is the first in a series of profiles on the four Democratic candidates for US Senate.
There's a certain element of curiosity to the Sean Hubbard campaign for US Senate. Why is a thirty-year-old progressive who's working to make ends meet for his family mounting a grassroots campaign in the second-largest state in the country? Does he really think he can win in Texas with no money and a platform that represents the purest of progressive values?
When I spoke to Hubbard over the phone recently, it was clear that he isn't bothered by the naysayers who assume that he can't win. "We started this campaign with the idea that we wanted to prove that the average person still matters," he stated. "The Mr. Smith Goes to Washington myth is real -- we can all be part of our democracy." He continued, "I understand frustration on left with Obama, but remember that he did promise change, and when he got to DC, change was out-gunned and out-numbered. Texas need to send progressive Senator to DC to even up the odds."
Hubbard comes across as a genuinely proud progressive who wants to see the entire Democratic Party campaign on a more forward-looking agenda. From the DREAM Act to a modern-day New Deal to marriage equality, Hubbard is strong on core progressive values. His message is an organic fit for the thirty-year-old, who got started as a volunteer organizer for Barack Obama in Dallas during the 2008 primary season. Now, Hubbard is hoping that his grassroots experience and willingness to stump across the state will propel him to a victory in the primary and general election.
He presents himself as an "atypical candidate" -- in our conversation, Hubbard emphasized that he's a "working guy," holding down a regular job and getting a paycheck every week that helps support his family. (Hubbard is married and recently became a father.) He said his experiences make him better suited to serving working folks, and that the immense wealth of David Dewhurst prevents the current Lieutenant Governor from realizing the needs of average Texans. Hubbard said he never thought about running for office until the end of 2010, when he became frustrated by his sense that Democrats were too timid to stand up for progressive values, and were instead focused on just being what he terms "Republican lite." Watching the gridlock in Washington, Sean recognized that, as he puts it, "the Senate is the place where progressive legislation goes to die." Rather than stay frustrated, Hubbard decided to run for Senate, and has spent the last year organizing in support of his campaign in the hopes that if elected, one more progressive Senator can make a difference in D.C.
So why -- and how -- does he think he can win? Find out below the jump.
About three months ago, we reported that almost two million students were likely represented between two separate school finance law suits. I suggested that at least one would likely make headway. Well, it turns out that there are at least four major school finance lawsuits, and they all have made significant headway.
Besides the school finance lawsuits represented by the Taxpayer and Student Fairness Coalition and Thompson & Horton, there are also cases from MALDEF and the "Texas School Coalition." In December, Morgan Smith at The Texas Tribune published an excellent explanation piece of the different cases. Here's the basics:
Districts typically sue the state on three different grounds: efficiency, adequacy and what's called “meaningful discretion.” The Texas Constitution requires that the state provide efficient and adequate funding for public schools. It also says that school districts must have the ability to choose how they spend money they bring in from property taxes. (Download all of the available complaints in the lawsuit, including the state's response, to the left.)
2011-12 School Finance Lawsuits
Texas School Coalition
Taxpayer and Student Fairness Coalition
David Thompson
MALDEF
Who
About 60 property-wealthy districts, including Alamo Heights ISD, Eanes ISD and Highland Park ISD
As of last week, 381 districts, primarily mid-to low-property wealth
A variety of districts, including the state's largest, Houston ISD
Districts with large portions of low-income and English-language-learning students, including San Antonio's Edgewood ISD.
Property Tax
X
X
X
X
Adequacy
X
X
X
X
Equity
—
X
—
X
Representation
Haynes & Boone
Equity Center
Thompson & Horton
MALDEF
All four cases have now been assigned a hearing with Travis County's Judge Dietz. John Dietz, Judge of the 250th District Court (a civil bench), is one of this county's elected officials. And if you recognize his name, it might be because he was the same judge who heard the 2004 School Finance lawsuit(s)...and found the Texas school finance system unconstitutional back then.
That's more than half of the school districts and students in the State of Texas in one court here in Travis County. We're still waiting on a timetable, but a fall hearing is expected. While a ruling this year is still a possibility, appeals could keep the case within the courts for a matter of years. It is also not yet confirmed whether or not Judge Dietz will hear all four cases at once or separately. If there is no remedial action, however, a gigantic set of lawsuits against the state will clearly be a backdrop to both the November elections and the 2013 legislative session
Clearly, Rick Perry, the only Republican with the power to help undue his party's public education debacle right now, clearly doesn't get the message. Not only is his state being heavily litigated against by a majority of his constituents, but calls for a Special Session to clean the mess only grow louder and louder. Thus far, public calls for a Special Session have come from Republican statesman and Senate Finance Chair Steve Ogden, the Texas State Teachers Association, and the State Democratic Executive Committee (who unanimously passed a resolution just this past weekend).
The response from the Governor's office has been the same multiple times:
"There are no plans to call a special session on this or any other issue. Thanks to Gov. Perry’s fiscally conservative leadership Texas has a balanced budget and has increased funding to Texas public schools by billions of dollars,” Perry spokeswoman Castle said.
I'm not the only one coughing an expletive or two at the arrogance of Rick perry and his Texas Republican Party. Being sued by the people you represent should be a sobering experience, but Governor Goodhair is even more oblivious to his failed public policy than he once was to his failed Presidential campaign.
He's undeniably the most experienced and qualified candidate in the race on either side of the aisle, with a long record of concrete accomplishments in education and renewable energy. Now, voters will decide if US Senate candidate Paul Sadler can translate leadership and success on issues that matter to Texans into a winning campaign.
There's a certain element of curiosity to the Sean Hubbard campaign for US Senate. Why is a thirty-year-old progressive who's working to make ends meet for his family mounting a grassroots campaign in the second-largest state in the country? Does he really think he can win in Texas with no money and a platform that represents the purest of progressive values?
