Thursday, December 16, 2021

As the Filing Dust Settles Wrangle


Really am enjoying everything Nick Anderson and his gang are doing.

Beto's wave is building.


Candidly I've seen this before.  First in 2006 when David Van Os went to every single county courthouse in the state in his bid against Abbott for attorney general.  And nobody in my estimation had more momentum to defeat Governor Fish Lips than Wendy Davis in 2014, when she delivered a filibuster that shook the Capitol.  Literally, some will recall.

A lot of things have changed in the Lone Star State since then, not the least of which is that it's gotten redder and more extreme.  And now, of course, there's fresh gerrymandering and voter suppression to contend with.  So you'll have to forgive me if I don't deem this early enthusiasm all that contagious.


The marquee race remains, IMO, the state's attorney general contest, in both the GOP and Democratic primaries.  Just yesterday K-Pax was rebuked by the appeals court for overstepping his authority in prosecuting alleged voter fraud charges.

An election code provision granting the Office of Attorney General the ability to prosecute criminal election fraud cases is unconstitutional, the Court of Criminal Appeals ruled in an 8-1 decision. The case arises from an alleged campaign finance violation by the Jefferson County sheriff, a case the county district attorney declined to prosecute.

Section 273.021 (of the Texas) Election Code provides that the “attorney general may prosecute a criminal offense prescribed by the election laws of this state.” The Court ruled that power properly resides with county and district attorneys, who are part of the judicial branch, and not the attorney general, which is part of the executive branch.

“Absent the consent and deputization order of a local prosecutor or the request of a district or county attorney for assistance, the Attorney General has no authority to independently prosecute criminal cases in trial courts,” wrote Judge Jesse McClure for the majority (PDF). “Any attempt to overlap the Attorney General’s constitutional duties with county and district attorneys’ constitutional duties in the sense of a Venn diagram of sorts is unconstitutional.”

The CCA is all Republicans.  And none of them are moderates.  They're death penalty freaks like Sharon Keller.  (Sidebar: Regarding the death penalty, there's good news on that front.)  So let's hope the TXGOP primary voter can scrounge around and find enough logic to follow their lead and rebuke Paxton themselves in March.


Without straight-ticket voting it might be easier than in the past to dislodge some of these squatters from office in November, but that's too far away to be concerned with just yet.  Focus on spring turnout, Ds.  Media will make hay if your numbers are lower than the Pachys'.

Stace reviews his favorites for the statewide Donkey races and also Harris County, linking to the Erik Manning spreadsheet.  The San Antonio Report profiles the race for Bexar County judge, sure to be as spirited as the one in Harris.

I have some catch-all items.


A couple of environmental headlines:


An expansive collation of border and immigration developments.


And the criminal and social justice news.


Two items regarding critical race theory.


And today's soothers.

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