Burnt Orange Report

Nota bene

By Jim Dallas

I hate zombie movies. I hate zombie movies because every reasonable person, whether fans of the genre or not, knows that the only thing you can do with a person whose been bit and is in the progress of zombifying is to shoot them in the head and destroy the brain. Really, why are we supposed to have any sympathy for a protagonist who doesn't understand this simple fact? That is all.

Howard In, White Out

By Karl-Thomas Musselman

Bumped. Welcome visitors from the Donna Howard campaign e-mail, this is the post you were probably looking for. -KT

I've been aware of the talk that Kelly White would jump into the HD 48 primary in the hope of being a "consensus candidate" according to local consultant David Butts. This has been causing tensions of course since White is candidate Donna Howard's treasurer, and would immediately change the dynamic of the race for all candidates including Andy Brown (who's website design and e-mail images are still too wide to fit in average sized browsers) and AISD school board president Kathy Rider.

But this weekend I was at a fundraiser for the No Nonsense campaign where I learned that Kelly was giving Donna 'veto power' over any run she might make. And considering I just received an e-mail press release stating that Donna was in the race no matter what from consultant Kelly Fero, a run by White has now effectively been 'vetoed'. White is instead focusing her immediate time raising five figure money for an upcoming project for the No Nonsense campaign.

I'd also like to thank White for winning a No Nonsense campaign shirt at the fundraiser as a Thanksgiving present for my father.

The press release...

Veteran public education advocate Donna Howard today said she will be a candidate in any special election to fill the soon-to-be-vacant Texas House District 48 seat, and called for a series of public debates featuring every declared candidate to make sure voters have a chance to participate in a full discussion of the critical issues facing the district.

"The voters have a right to know who the candidates are and where we stand," Howard said. "At these prices, the stakes are too high to let partisanship, cronyism, and last-minute maneuvering at the Capitol take away that right."

A special election and possible run-off to replace incumbent state representative Todd Baxter, who resigned suddenly earlier this month, could cost taxpayers as much as $1 million, according to local election officials.

Howard, already a candidate in the regular primary election scheduled for March 7, 2006, said her campaign will offer hope to voters who are frustrated by the failure of the current state leadership to address public school finance, children's health care, soaring property tax and homeowners' insurance rates, and other major challenges.

"My campaign will be a home for anyone who believes we should be putting our community and the issues that concern us first and political gamesmanship last," Howard said.

A series of vigorous public debates would help voters counter the efforts of partisan leaders at the Capitol to short circuit the normal democratic process and hand pick their preferred candidate in a special election, Howard said.

Howard, a former Eanes ISD board member and widely recognized leader on school issues, was a co-founder of Advocates for Eanes Schools, a parent organization, and helped start the Texas Education Crisis Coalition, a grassroots group of parents and community leaders. Certified as a Master School Trustee by the Texas Association of School Boards, Howard has previously run for the State Board of Education.

Howard has a bachelor's degree in nursing and a master's in health education from the University of Texas. She has worked as a critical care nurse at Brackenridge and Seton hospitals, served as the first hospital-based Patient Education Coordinator in Austin history, and helped get the Seton Good Health School off the ground. She has also been president of the Texas Nurses' Association (District 5) and a Health Education instructor at UT.

The Voices of Fear

By Karl-Thomas Musselman

In today's Texan, we can see that the supporters of Amendment 2, who rallied in North Austin Sunday, really are not for protecting marriage as much as they are for being homophobic.

Some of the proposition's supporters, such as Texas House District 50 Republican candidate Don Zimmerman, believe the issue is quite clear.

Zimmerman also disagreed with opponents who claim the amendment discriminates against same-sex couples by excluding them from the institution of marriage.

"Every same-sex couple that adopts children discriminates against mothers or fathers by definition," he said.

Every one parent household discriminates against mothers or fathers by definition. But let's fear the homosexuals.

He criticized opponents of the proposal for conflating his efforts with those of the Ku Klux Klan, who will be holding a rally of their own at City Hall on Saturday. The Klan claims to support family values.

Brian McAuliffe, chairman of the Austin Town Hall Conservatives, fears that gay marriage would lead to wider acceptance of the gay community.

"We believe gay marriage is dangerous," he said. "If marriage is legitimized for gays, then we would have to recognize them in every aspect of life. They pretty much try to recruit people."

God forbid, not just the Constitution, that we have to recognize them in every aspect of life. It's bad enough that we have to recognize those black and brown people. Let's fear the homosexuals.

Robert Morrow, a self-proclaimed grass-roots conservative activist, said that the issue has an important economic aspect.

"Homosexuals do nothing to create and raise our next generation, yet they demand special rights, benefits and privileges of marriage," he said. "This is extremely greedy. It's a huge economic power grab."

Celibate and infertile couples and those that choose not to have children due to age or economic capacity do nothing to create and raise our next generation. And they don't demand rights, benefits, or the privileges of marriage. They get them anyways. But let's fear the homosexuals instead.

How are those planks in your eyes feeling guys?

Polling on Prop 2

By Karl-Thomas Musselman

BlogHouston thinks that if students vote their beliefs on Prop 2 they will vote for it. Considering my generation is one of the demographics that outright favors same-sex marriage, I find that hard to believe. I find it even harder in light of recent UT polling data. Here are some of the early numbers from the UT Student Government Survey on Prop 2. Sample so far, 1,236 students have responded.

Below it is the FOR/AGAINST numbers for Prop 2 when you start looking at responses from just registered voters and then registered voters who plan to actually vote. They get better in each step and I've pulled this info specifically here:

All Students: FOR-22% / AGAINST-65%
Registered: FOR-22% / AGAINST-68%
Registered & Plan to vote (Likely Voters): FOR-20% / AGAINST-75%

If this poll holds true (it is a poll) we could see around 60% student turnout overall, though some of those votes will show up in other counties back home. And may I point out that UT-Austin has cast more votes than all of El Paso.

These 3 questions contain the raw data, below that are sub-samples. Margin of Error is ± 2.7%.

1) Are you currently registered to vote in Texas?

No answer 20 1.62%
Yes (Y) 903 73.06%
No (N) 313 25.32%

2) Do you plan to vote in the Texas Constitutional Amendment Election to be held on November 8th?

No answer 131 10.60%
Yes (Y) 589 47.65%
No (N) 516 41.75%

3) If passed in the November referendum, Texas Constitutional Amendment 2 would restrict the definition of marriage to that of one man and one woman, banning the state's recognition or establishment of same-sex domestic partnerships, civil unions, and marriage. If the election were held today, would you vote FOR or AGAINST Constitutional Amendment 2?

No answer 159 12.86%
For (1) 277 22.41%
Against (2) 800 64.72%

----------------

Responses from those saying they are Registered in Texas (73% of students)
1. Plan to vote
* 64% plan to vote
* 26% do not plan to vote
* 10% no response
2. Prop 2
* 22% for
* 68% against
* 10% no response

Responses from those saying they are Registered & plan to vote (46.4% of students)
1. Prop 2
* 20% for
* 75% against
* 5% no response

-From Regina Dombkowski and Chris Kennedy of the SG Survey Research Agency

Just Listen

By Karl-Thomas Musselman

Who do you think said this?

"We believe that as Christians we have an obligation under god to take a stand against homosexuality. Homosexuality is a sin and an abomination to God and goes against our Lord's plans for the human race."

And the following is the above's strategy...

"There are plans to infiltrate churches, to bastardize scripture, to galvanize people against minorities by using religion...

Scary what conservatives will say sometimes. But the above wasn't in relation to right-wing Texas Republicans.

It was the KKK. Coming to a city hall near you November 5th.

We wish you a Merry Fitzmas

By Jim Dallas

Scooter Libby indicted, resigns.

Now, let's get back to serious issues.

For example, taxes. Tax reform is like granola. It just reeks of seriousness but, in the end, isn't really all that good for you.

A bad idea whose time has come (again)

By Jim Dallas

I speak, of course, about serious discussions about imposing a new Windfall Profit Tax on oil producers. Although such a tax might curb big oil's rapacious profit seeking, I worry that it will disincentivize oil exploration just when we need those incentives the most. I suppose the real issue is whether a new WPT would be tiered like the Carter-era WPT, which taxed newly-discovered oil fields at a lower rate than "old" oil.

At any rate, the profitability of Big Oil shocks the conscience of even those who would not normally consider, you know, profitability to be shocking to the conscience. Call it too much of a good thing.

Rep. Chisum Violating Election Law?

By Karl-Thomas Musselman

Yesterday's post by Phillip brought to light yet another offense that seems to have been committed by Rep. Warren Chisum, making this pattern egregious enough that as of 3 pm this afternoon, I have filed an official complaint and "request to investigate" these actions with a special prosecutor in the Public Integrity Unit of the Travis County District Attorney's office.

You can download my official filing: page 1, page 2, page 3.

So what did he do?

The following files outline what I see as a breach of state limitations on use of public funds and offices for the purpose of the promotion of the passage of Proposition 2. Below is the text of my filed criminal complaint.

"On a letter to Texas Pastors dates Sept 16, 2005, printed on Rep. Warren Chisum's official House of Representatives letterhead and signed by Rep. Warren Chisum (HD-88), Rep. John T Smithee (HD-86), and Rep. David Swinford (HD-87), statements were made encouraging involvement in the Nov. 8th Constitutional Amendment Election. Included in the letter were documents labeled "VOTE FOR PROP 2" and promoting the www.texansformarriage.org website. Staffer for Rep. Chisum Annette Glass is listed as a contact in the letter, listing her official House e-mail and the office number for Rep. Chisum.

Additionally, Rep. Chisum's office on October 25, 2005 distributed a Press Release through the Capitol e-mail system entitled "False Campaign Meant to Destroy Prop 2" in which Annette Glass is again listed as the contact with Re. Chisum's primary office phone number."

The following are .tif image files of the September 16th Letter sent to pastors, forwarded to me by e-mail.

Sept. 16th Mailer (The Letter .tif format)
Included Letter Document (Page 1 | Page 2)

Key things to mention here. The included documents with the letter are clearly promoting the election or defeat of the amendment as they are titled with a bold VOTE FOR PROP 2 title. Included on the Chisum letterhead are key phrases such as, "To save marriage as we know it, and prevent activist judges from ruling in favor of same-sex marriages, the churches of this state must actively work to get out the vote. ... It is clear the churches can stand in the gap and make the difference in this election." The letter closes urging pastors to "contact my office at 800/692-1389 or e-mail annette.glass@house.state.tx.ud" which seems to be an addition clear violation of the use of his public office for the campaigning for this amendment.

The full text response of Rev. William D. Nix, Jr. of Canadian, TX to Rep. Chisum is included in the extended entry. He was by no means pleased, as a faith leader, receiving this letter from Rep. Chisum and Company. It is from him indirectly that I received this information.

I was shocked to receive your letter of September 16 addressed to “Senior Pastor” which I assume was sent to all churches in your district and to those of Messrs. Smithee and Swinford, who also signed the letter. Regardless of one’s views on Proposition 2 or the issues it raises, the letter and its enclosures are offensive to all mainstream Christians and Texans of other religious preference for whom freedom of religion is among our most cherished rights. For elected officials to attempt to influence elections by exerting pressure on churches is an abuse of the public trust and an infringement of the Constitutionally-guaranteed separation of church and state.

The enclosure promoting Proposition 2 is an even more blatant violation of the separation of church and state. The organizations cited as sources include Jerry Falwell’s “Liberty Council,” James Dobson’s “Focus on the Family” and other extreme-right Christian lobby groups. The suggested sermon points include a mixture of half-truths, misrepresentations and demagoguery, all calculated to arouse homophobic anxiety in the public. And their very inclusion in a letter from members of the legislature should be offensive to all theologically-educated clergy.

On the face of it, Proposition 2 is a thinly-veiled attempt to write discrimination toward gay and lesbian Texans into the Constitution. The existing “Protection of Marriage” law is discriminatory enough, denying basic legal protection and spousal benefits to anyone whose sexual orientation or committed relationship differs from the norm. And the promoters of Proposition 2 are aware that it is probably doomed to be found unconstitutional by the courts - thus their rush to write it into the Constitution.

Whet a pity that the last Legislature will be known primarily for failing to fund our children’s education and for attempting to deprive many Texans of their rights! Please don’t compound the error by eroding the wall of separation of church and state.

The Rev. William D. Nix, Jr.
Canadian (Texas)

Miers Withdraws Nomination

By Phillip Martin

From CNN:

President Bush on Thursday accepted the withdrawal of Supreme Court nominee Harriet Miers, according to a statement from the White House.

In her letter to the president, Miers said she was "concerned that the confirmation process presents a burden for the White House and its staff and it is not in the best interest of the country."

The White House said Miers had to withdraw over concerns that senators wanted documents of privileged discussions between the president and his top lawyer.

"It is clear that senators would not be satisfied until they gained access to internal documents concerning advice provided during her tenure at the White House -- disclosures that would undermine a president's ability to receive candid counsel," Bush said.

It seems this nomination didn't work because the Senate simply wouldn't take President Bush's word that Harriet Miers was well qualified. I guess President Bush and Harriet Miers were the last two people to realize that.

Rev. Tom Heger: For Real

By Karl-Thomas Musselman

Proponents of Prop 2 claim the "Reverend" is a fraud. If you can't attack the message that the Marriage Amendment threatens marriage, attack the messenger. Except, the messenger is quite real.

The Statesman has a full bio on Rev. Tom Hager, a former Austin Presbyterian pastor. You can listen to his message here (.wav) and read the script as follows.

I’m Reverend Tom Heger. Rick Perry and the Legislature made a blunder in writing the gay marriage amendment. Don’t Risk It. Vote Against It.

They left off words that would have made sure it applied only to gays. A greedy insurance company, tricky divorce lawyer, or a liberal Austin activist judge can easily use these words to overturn traditional marriage and cause people to lose health insurance, tax breaks, and pensions.

The status quo protects everyone's marriage. Don't Risk It. Vote Against It. God bless you. Read it for yourself at Save Texas Marriage.com.

Want further proof, how about his bio? It's in the extended entry. This should put to rest the concerns of those that feel he is a pretend minister or a front for some devious scheme which is so far off the mark they don't even have a clue.

Thomas J. Heger
Born: Chicago, November 25, 1943

School:
St. Olaf College, BA, 1965
Princeton Theological Seminary, M.Div., 1969

Ordained:
Minister of Word and Sacrament, The Presbyterian Church (USA), October 1969

Work:
+Assistant Pastor, First Presbyterian Church, Jamaica, Queens, NY: 1969-71
+Associate Pastor, Brick Presbyterian Church, Rochester, NY: 1971-74
+Co-Pastor, The Downtown United Presbyterian Church, Rochester: 1974-81
+Campus Pastor, The University of Oregon, Eugene, Oregon: 1981-92
+Pastor, St. John’s Presbyterian Church, Manchaca, TX: 1992–2005
+Pastor, Beacon Hill Presbyterian Church, San Antonio, TX: 2005–present

And:
+Twice elected to the Eugene, Oregon, 4J School Board…
+Active in Mission Presbytery (regional governing body) and Presbyterian Church (USA) advocacy and social justice organizations and ministries.

Married:
Lois Heger, LPC
8 amazing grand kids!

Recently moved to San Antonio and accepted the call to be the pastor of the Beacon Hill congregation.

Shackelford: Don't Trust "God Bless You"

By Karl-Thomas Musselman

As an example of how much the opposition to Prop 2 has managed to get the conservative supporters of the Marriage Amendment completely off their rockers, Kelly Shackelford, Free Market Foundation President and spokesman for Prop 2, sent out this e-mail earlier this week. It's not often that we are able to do this, but we've force the debate to be about the threat of voiding all marriage in Texas, not the Republican "one man, one woman in the eyes of God" talking point. Now he's telling the conservative base not to trust the so called traditional conservative message.

From: Free Market Foundation Sent: Monday, October 24, 2005 5:14 PM Subject: BEWARE- Misleading Info Spreading about Prop. 2

Special Message from Free Market Foundation
President Kelly Shackelford, Esq.

"Deceptive phone calls are now going out telling people to vote NO because of a supposed flaw in the legislation of Prop. 2. There must be a lot of them because we are getting calls from a number of supporters who are confused. The calls from "Save Texas Marriage" are so deceptive that they are even ending the call saying "God Bless You." One of these starts out from a "Reverend" and says that Governor Perry messed up, and that there is a hidden liberal agenda. The group is even calling seniors who would typically support conservative legislation. We have received several calls from people who were extremely heartbroken to learn they were mislead into voting something today they did not believe. This is an all out fraud to
deceive voters. Please Beware."

Groups Using the Following Scare Tactics:

• Deceptive Phone Calls

"Save Texas Marriage" has a website devoted to setting up call banks to trick voters. The argument is completely false. The second sentence in no way invalidates the first sentence. Do not be fooled, including by calls ending in, "God bless you."

• Lies to Voters at Polls

There has been confusion over how to vote at the polls. If you want to vote to only have marriages between one man and one woman, vote FOR the amendment. Voting AGAINST the amendment will mean that you want to allow homosexual marriages Texas.

So now the official word is not to trust those giving you information on Proposition 2 if it's coming from someone saying "God Bless You". Guess that knocks out every conservative preacher in the state, eh?

Bait and Switch

By Karl-Thomas Musselman

DeLay Headlines today...

DeLay acknowledges failure to report defense fund donations

DeLay presses case against judge

By the way, Austin City Councilman Raul Alvarez will not seek re-election as he comes up against term limits (thoug in Austin 19,000 signatures gets you around the limit). This is the "Hispanic" seat on the council so it will be interesting to see who moves up the chain to run for the spot. Austin does not have council district; instead there is an 'understanding' that certain at large Place seats are expected to be Black or Hispanic, male or female.

Pre-Launch of DallasBlog

By Karl-Thomas Musselman

I noticed this earlier today, but there is a new Blog being run by some professionals up in Dallas, one who was part of the original team over at Quorum Report. See DallasBlog.

QR: Bennett was one of the driving forces behind the creation of Quorum Report back in 1983. He worked in the first round of Governor Bill Clements, was editor of the now-departed Texas Business magazine, did time as a Dallas Morning News columnist for seven years and is now a business consultant specializing in strategic business transformation. He includes companies such as Boeing in his client list.

Unlike most sites, Bennett has some regular contributors with some real bona fides including former News columnist Carolyn Barta, current DMN columnist Bill Murchison, former DMN technology editor Doug Bedell and Lone Star Report editor Will Lutz...

The site is intended to be a broad based town hall kind of blog with both the right and the left well represented.

Now, I'm not sure how based in fact some of their stories are today, but they do mention a couple interesting theories. One is that GSD&M ad man and Austinite Roy Spence would run for the Democratic Nomination for Gov. Now, that's not new news around these parts, but certainly not something that I've seen any wind blowing behind of late. The second one is interesting but as unlikly as the first...

The hot rumor in Houston is that former Democratic Congressman Chris Bell may drop his candidacy for Governor and be replaced by Houston Mayor Bill White. A Houston political insider tells DallasBlog that, once White is re-elected Mayor of Houston next month the stage would be set for Bell to withdraw from the race in favor of White.

I'll keep on eye on it.

Stick Thin Support

By Karl-Thomas Musselman

Thanks to Chris Elam over in Tom DeLay's district, we have this wonderful report on the "God inspired" yard sign design that has an image and message that should appeal to voters with a second grade mentality.

The following was written by Michael Franks, State Republican Executive Committeeman for SD18 in Wharton, TX. His full remarks are in the extended entry. Apparently God doesn't just speak to the crazy ones; he also speaks to their elected Party officials. (Oh God, if you need to speak to me, I'm listed in the UT Directory.)

If we got MORE of our Church's to get on board and KNOW about this sign effort we could blanket the State, create the awareness that there IS a vote on this issue, energize the “Church” to action, and everyone would know to vote FOR Prop 2!!!! NOTHING creates awareness more than folks seeing signs in yards in their neighborhoods. ONE key Church in each major city in Texas could have their members take the signs home with them and we could cover every city in Texas!!!

Some wanted me to drop the stick figure design and just go with a sign that said “Save Texas Marriage, Vote For Prop 2”. Isn't it funny how God had another plan KNOWING the other side would try and use the same language of “Save Texas Marriage” trying to trick people into voting NO. I had the vision of the sign months ago put into my thoughts and the design concept was always the same after many thoughts an input from others trying to change it. (God had a plan)

And to think, your support for undermining marriage in the state of Texas only costs you $2.50. Oddly enough, the website he directs people to in order to buy these signs is http://www.vote4marriage.com/, which forwards to the National GOP site which proclaims "GOPUSA is proud to be working with Texas activist Michael Franks on this non-partisan, non-denominational effort to distribute yard signs and to help raise awareness of the upcoming vote on the Texas Marriage Amendment."

Wonder if they are bothering to report those expenditures?

Isn't it great that God put the “idea” in my head a few months ago about the concept of a State wide yard sign campaign for this marriage amendment, much less He put the very DESIGN into my mind.

Now we are seeing the confusion from the other side trying to trick folks into thinking voting NO on prop 2 means it will protect marriage. The gay and radical left lobby have just proven they will stoop to anything.

This State wide grass roots yard sign effort makes it CLEAR what a YES vote is for. 1 Man + 1 Woman = Marriage, the stick figures of a man and woman holding hands shows the “visual”, and Vote FOR Prop 2 tells folks how to vote. God had a plan for these signs.

If we got MORE of our Church's to get on board and KNOW about this sign effort we could blanket the State, create the awareness that there IS a vote on this issue, energize the “Church” to action, and everyone would know to vote FOR Prop 2!!!! NOTHING creates awareness more than folks seeing signs in yards in their neighborhoods. ONE key Church in each major city in Texas could have their members take the signs home with them and we could cover every city in Texas!!!

Some wanted me to drop the stick figure design and just go with a sign that said “Save Texas Marriage, Vote For Prop 2”. Isn't it funny how God had another plan KNOWING the other side would try and use the same language of “Save Texas Marriage” trying to trick people into voting NO. I had the vision of the sign months ago put into my thoughts and the design concept was always the same after many thoughts an input from others trying to change it. (God had a plan)

We are moving THOUSANDS of these State wide for the Republican county chairman, activist, and Church's that KNOW about it. Some Church's have orderd hundreds, and some a few thousand to get to their people.

If you can help in this sign effort please do and get back with me!!!! We are printing EVERY day and shipping statewide. $2.50 a sign with wire H stake. Info is on the website below.

Thanks,
Michael Franks
State Republican Executive Committee SD18
Wharton, Tx

http://www.vote4marriage.com/

Legal Opinion on Rep. Chisum Prop 2 E-mail

By Phillip Martin

Yesterday afternoon, Rep. Chisum issued a press release through the Texas House e-mail system titled "False Campaign Meant to Destroy Prop 2." Here is part of the press release:

"The folks who produced this recording have laid all integrity aside," Rep. Warren Chisum (R - Pampa) said. "The language for Proposition 2 has been reviewed by the legislature and some of the state's top attorneys. This is a scare tactic orchestrated by individuals who are willing to do anything to make sure Proposition 2 is unsuccessful in the polls. I am appalled that people would take advantage of others by disseminating this type of widespread deceit."

There is some question as to whether or not the press release constitutes political advertising. If it did, since it was sent out through the Texas House of Representatives e-mail system, it could violate the statutory ban on the use of public funds for political advertising. Personally, I wasn't sure if it did, but I received the following legal opinion in my e-mail (I added links to the election code sections cited):

Texas law prohibits the use of “public funds for political advertising.” ELEC. CODE § 255.003(a). “Political advertising” is defined as “a communication supporting or opposing . . . a measure that . . . appears . . . in a pamphlet, circular, flier, billboard or other sign, bumper sticker, or similar form of written communication[.]” Id. at § 251.001(16). A “measure” is any “question or proposal submitted in an election for an expression of the voters’ will[.]” Id. at § 251.001(19). An internal e-mail system, including one belonging to a legislative agency, may not be used to distribute political advertising. See id. at § 255.0031. Violations of the ban on use of public funds for political advertising or the ban on distribution by internal e-mail are Class A misdemeanors. Id. at § 255.003(c). The statute creates an exception for “a communication that factually describes the purposes of a measure if the communication does not advocate passage or defeat of the measure.” Id. at § 255.003(b).

The legal opinion, which was anonymously sent and is contained in full below the jump, argues that the Texas Elections Commission has ruled in certain school board cases (which are cited in the legal opinion) that the magic words test doesn't necessarily apply if state resources were used for general campaign advocacy.

Again, I'm certainly no legal expert, and I'm not pretending to be -- I'm merely reporting what's out there. This legal opinion, if nothing else, is well-written, well-researched, and could have some serious merit. I'd imagine someone would need to issue a complaint against Rep. Chisum and a judge would have to rule on the actual legality of the press release to see if this was a real thing or not.

Personally, what strikes me most about the Rep. Chisum e-mail, is that he chooses to attack Save Texas Marriage, yet says nothing about the KKK rally that will go on in downtown Austin next weekend. I mean, really -- which group would you assoicate with the charge of using scare tactics and willing to do anything to get what they want?

Based on a quick review, I conclude that the press release by Representative Chisum probably violates the statutory ban on the use of public funds for political advertising. It probably does not violate the statutory requirement that certain disclaimers be placed on political advertising.

Texas law prohibits the use of “public funds for political advertising.” ELEC. CODE § 255.003(a). “Political advertising” is defined as “a communication supporting or opposing . . . a measure that . . . appears . . . in a pamphlet, circular, flier, billboard or other sign, bumper sticker, or similar form of written communication[.]” Id. at § 251.001(16). A “measure” is any “question or proposal submitted in an election for an expression of the voters’ will[.]” Id. at § 251.001(19). An internal e-mail system, including one belonging to a legislative agency, may not be used to distribute political advertising. See id. at § 255.0031. Violations of the ban on use of public funds for political advertising or the ban on distribution by internal e-mail are Class A misdemeanors. Id. at § 255.003(c). The statute creates an exception for “a communication that factually describes the purposes of a measure if the communication does not advocate passage or defeat of the measure.” Id. at § 255.003(b).

Representative Chisum’s press release is titled “False Campaign Meant to Destroy Prop. 2.” It begins by quoting Representative Chisum as saying that “[Y]esterday, two million Texans received phone calls containing false information meant to deter voters from voting for Proposition 2.” A later paragraph quotes Representative Chisum as saying “[t]his is a scare tactic orchestrated by individuals who are willing to do anything to make sure Proposition 2 is unsuccessful in the polls.”

The term “advocacy” as used in the statute has not been interpreted by any court. The Texas Ethics Commission, which administratively enforces the statute, considers a statement to be advocacy if the statement expresses sympathy or support for the passage or defeat of a measure by use of words such as “support,” “best solution,” or “the right thing to do.”

An independent school district paid for a six-page newspaper insert that contained a “Message from the Superintendent” which contained the sentence “[o]ur citizens now have the opportunity to position the NEISD for the 21st century. Please support the vision -- our future depends on your commitment.” In the Matter of Richard A. Middleton, No. SC-981182, at 2 (Tex. Ethics Comm’n 1998). The insert ran after the school board called a bond election but before the election was held. Id. at 1.

The commission found that the insert “presented facts about the school bond measure.” Id. at 2. However, the superintendent’s message “cause[ed] the insert to cross the line from a communication that is factual to a communication that advocates passage of the bonds.” Id.

The Decatur ISD board of trustees and superintendent called a bond election and hired a consultant to prepare informational material on the election. In the Matter of Scott Johnson, No. SC-231180, at 1 (Tex. Ethics Comm’n 2003). One circular “state[d] that the bond proposal provides the “best solution” to the needs generated by the school district’s population growth.” Id. An information booklet that was distributed included a press release “quot[ing] the school board president as saying, “This bond is the right thing to do for the children of this community.” Id. at 2.

The commission found that the phrase “best solution” and quote from the school board president to “advocate[d] passage of the bond measure, even though the information booklet contained a “great deal of factual information.” Id.

Representative Chisum states the phone calls would “deter persons from voting for Proposition 2” and were “orchestrated by individuals who are willing to do anything to make sure Proposition 2 is unsuccessful in the polls.” In Representative Chisum’s view, these calls are meant to “destroy” the ballot measure. Taken as a whole, a reasonable factfinder could find that the words indicate Representative Chisum’s support for the ballot measure.

This is likely so considering that the press release certainly does not contain any factual information other than assertions that “[t]he language for Proposition 2 has been reviewed by the legislature and some of the state’s top attorneys.” Representative Chisum does not provide the legal conclusions of these attorneys which might constitute “facts” that could be used by a voter to resolve doubt and make up his mind.

If the press release is political advertising, then Rep. Chisum might also runs afoul of the rules requiring certain notices to be placed on the advertising. See ELEC. CODE § 255.001(a). However, the disclaimers are only required to be placed on “political advertising containing express advocacy.” Id. There is no statutory definition of “express advocacy.” The “express advocacy” test under Federal law requires that a communication must include “explicit words of advocacy of election or defeat of a candidate” before the communication will be considered political speech that may be subject to some government regulation. Buckley v. Valeo, 424 U.S. 1, 43 (1976). The focus of the “express advocacy” test is on the words used by the speaker. Thus, a “finding of ‘express advocacy’ depend[s] upon the use of language such as ‘vote for,’ ‘elect,’ [or] ‘support[.]’” FEC v. Massachusetts Citizens for Life, 479 U.S. 238, 249 (1986). The press release seems to fall short of express advocacy.

Finally, if the Chisum press release is political advertising, then the House Administration Committee erred in distributing the release.

In addition to the criminal penalties, the Texas Ethics Commission has civil jurisdiction over violations of Section 255.003 and 255.0031, which is triggered by the filing of a sworn complain. See ELEC CODE §§ 251.001, 253.134, 255.003.

This is the game that never ends...

By Jim Dallas

I woke up from a nap to catch game three of the World Series (the first World Series game to be played in Texas. Ever.). I woke up in time for the 8th inning. I was bummed because I thought I was only going to catch an inning and a half.

Wrong.

It's now the top of the 13th and it's still 5-5. This is the longest World Series game I can remember.

Meanwhile, I'd remind Panda Amanda that it's not paranoia if they're really out to get you.

Go Astros.

Update: It ended. White Sox won in 14.

State Round-Up

By Karl-Thomas Musselman

"If gay marriage is a threat to your marriage, then your marriage sucked anyway." -quote of the day

Statewide Early Voting Numbers (for the top 15 counties by population) are now posted at the Secretary of State's website here. The average for the first day of voting was .3% which was exceeded by a large degree by Williamson and Travis County (Travis leading the way). This also means that the UT-Austin voting location cast 3% of the vote for the top 15 counties combined yesterday. Of course, I should remind you that one on campus precinct had the highest turnout in all of Travis County in the 2004 election with 99.7% turnout.

Here's a round-up of the day's coverage of the big news yesterday that passing Proposition 2 has the potential to void marriage in Texas. (Save Texas Marriage)

Houston Chronicle: "That in the hands of an activist judge could lead to the ruin of my marriage and every other marriage in this state because the status that is most identical to marriage is obviously marriage itself," said Trampes Crow, a graduate student at the University of Texas and a former army captain who served in Afghanistan and Iraq.

El Paso Times: All 118,000 marriages in El Paso County could be jeopardized by a proposed amendment to the Texas Constitution banning same-sex unions, a group opposed to the measure said Monday.

"We have an awful lot to lose emotionally and financially with this kind of irresponsible legislation," said Austin resident Martha Cotera, who has been married to her husband, Juan, for 42 years.

Some El Paso lawyers agreed with the anti-amendment group Save Texas Marriage that wording in the proposed amendment could have unintended consequences.

Fort Worth Star Telegram: It's that language that opponents say could lead to a legal challenge of traditional marriage -- common law or otherwise.

Austin American Statesman: "I do" could become "by golly, we didn't" for more than 4 million married couples in Texas if voters approve a clumsily worded proposed constitutional amendment, opponents said Monday.

Archbishop Joseph A. Fiorenza for the Archdiocese of Galveston-Houston is in favor of the Amendment, saying Voting in favor of Proposition 2 is a vote to protect a basic human union, so critically important to the common good of society, from being altered in its structure and purpose.

Someone get him a memo to let him know that voting in favor of Prop 2 could profoundly alter the structure and purpose of this basic human union, whereas voting against it at least maintains the status quo.

OverSeen at the OverPass

By Karl-Thomas Musselman

Saw this over at Austin MetroBlogging and I was reminded that many people have seen this group before. They have shown up from time to time out on the 12th Street overpass along I-35 holding a big banner that says "Say NO to Gay Marriage".

People have asked me as well as Glen Maxey, director of the statewide No Nonsense in November campaign fighting Prop 2, if we should be worried or do something about it. Nope. Heck, let people think that they can say no by voting no on Amendment 2 (even though they should anyways since it puts Texas Marriage into legal limbo if this passes according to front page Dallas news).

This guy is actually Mark Weaver and I have a little story about him that I was just sent.

"mark weaver who stands out on the 35 bridge holding a for prop 2 sign and is that ultra conservative asshole...calls kvue to say "i am outraged! my phone is ringing off the hook. all my congregation has been calling me to say 'i thought you said we were supposed to vote FOR this, what do we do, i am confused!' and what is WORSE, is that some people who wanted to vote for 2 already voted and voted against because of the call!"

Well, that is what 2 million phone calls will do, from a preacher (who is real contrary to Republican Bloggers, retired minister here in Austin). You'd expect more organization or concern from this Pro-2 side, but they got too comfortable. Even before the revelation that this Amendment has the potential to void all marriage in Texas and any of the media and GOTV that is going on now, the other side was polling 55/45, only a 10 point margin of yes to no. It's losing in Baxter's district as well as Martha Wong's.

This will be a nail biter but one in which we have already won in one sense, we were never expected to do better than the State of Oregon. Plus we could very easily be minus a few more Republican state reps next fall.

Travis Turnout Day 2

By Karl-Thomas Musselman

Turnout remained heavy on campus today as it picked up countywide across the city of Austin. Reports from San Antonio say it's double the pace of 2003 there with 2,842 cast yesterday. Gainsville was reporting 154 cast which was for a poll worker to claim "we were shocked" at the turnout.

The data below..

Top 5 locations for today along with (total cast to date)

595 University of Texas (1249)
314 Northcross Mall (520)
272 Randall's Research (532)
260 Randall's South Mopac (468)
190 HEB South Congress (395)

3786 Total Cast
Travis Turnout 1.5% now
16.7% of County cast by University of Texas now

Though it's really hard to predict turnout from 2 days of voting, if this year's voting pattern hold to the presidential election, and we have also have about 60% of the Travis Co. vote cast early, I predict a Travis turnout of 17.2%. It's odd that total turnout actually went up today from yesterday, largely due to all the media is my guess. Tomorrow being a Wednesday, I'd expect to see the camus vote bump up again as it does on MWF compared to TTH.

Top 10 locations by total cast are now...

University of Texas 1249
Randall's Research 532
Northcross Mall 520
Randall's South Mopac 468
Travis County CourtHouse 436
HEB South Congress 395
Randall's Bee Cave 330
Randall's 35th Street 314
Randall's Ben White 302
Highland Mall 254

Intern Wanted

By Karl-Thomas Musselman

Legislative Internship with Sen. Zaffirini

When: Fall semester
Where: Texas Senate (Office of Senator Judith Zaffirini)

Description: Responsibilities would include policy analysis, assisting other legislative staff, preparing briefing memos, etc.

Qualifications: Master’s student, excellent written communication a must, should have interest in finance, education, health and human services, etc.
Specifics: Unpaid

Contact: Brent Whitaker
Phone: 512/463-0121
Email: brent.whitaker@senate.state.tx.us

Travis Turnout Day 1

By Karl-Thomas Musselman

The first day of early voting is complete and Travis County has released their data. Needless to say, the UT-Campus vote is beyond all expectations, leading next closest voting location by a 2-1 margin.

Votes / Early Vote Location (Travis)

654 University of Texas
270 Travis County CourtHouse
260 Randall's Research
206 Northcross Mall
205 HEB South Congress

Total Today: 3667 (.7% County Turnout so far)
UT % of total turnout: 17.8% of the County

Total vote cast in 6 Campus Area Precints in 2003 by E-Day: 411

We have exceeded the campus area vote of 2 years ago in 1 day of early voting. They had to drive in 6 more voting machines today because the vote was so heavy on campus. And to think that 2 years ago, they were prepared to eliminate the UGL early voting location.

Here is the video coverage from this morning by KXAN and News 8 Austin.

DeLay Judge Named

By Karl-Thomas Musselman

Statesman Breaking News:

Bell County District Judge C.W. Duncan has been appointed to decide whether state District Judge Bob Perkins of Austin should continue to preside over former House Majority Leader Tom DeLay's criminal case. A hearing has been set for 10 a.m. Nov. 1 in Austin.

Wrap-Up of John Edwards Speech

By Phillip Martin

I just got back from the Opportunity Rocks event in the Texas Union Ballroom, where Senator John Edwards talked about the way students can take charge of the grassroots movement to fight poverty. After the speech, I got a chance -- along with fellow bloggers Pinkdome and In the Pink Texas -- to meet John Edwards and ask him some questions.

Details of the speech and the questions we asked him can be found by clicking on the jump below, but here is one question I was able to ask:

PM: You mentioned the need for leadership that will stand up for the core beliefs of the Democratic party, that we need to lead, and not follow, if we want to show the country where we want to take America. As you know, there are opposite spectrums of the Democratic Party, and the moral priorities of the people they represent are extremely different. How do we persuade people that don't agree with our politics to work on issues like poverty?

Edwards: Whether you're on the far right or the far left, there is no question that the issue needs to be discussed. People will have different ideas about what we need to fix it, and that's fine, but first we need to recognize the problem...There's no ideological basis for fighting poverty -- we just need to help these people. They don't want a Democrat or a Republican. They want a champion. They want to feed their kids, and I think any person of either ideology can understand that and should work to help.

More questions, and details of his speech, after the jump.

Here are the four main proposals he discussed about how best to fight poverty:

1) Pass real labor law reforms, and increase the minimum wage.
2) Create housing vouchers for poor families across the country, so we no longer separate the rich and the poor in our communities.
3) Finance work bonds that match money that poor families are able to set aside into savings accounts.
4) Support a pilot program he's started called "College for Everyone," where any student that qualifies, isn't in trouble, and does 10 hours of work study their first year will be guaranteed free tuition and books.

Two's Company

By Jim Dallas

Well I voted against Proposition Two. Have you?

After much soul-searching and contemplation, I ended up voting the way HBAD asked me to (for Peter Brown, Jay Aiyer, and Ron Green). Largely because HBAD happened to be out pamphleteering, and their endorsements were all pretty reasonable ones.

I voted for whoever that dude running against Shelly Sekula-Gibbs in At-Large 3 is, too (mostly to "send a message").

Stand Up For Traditional Marriage: Vote AGAINST Prop 2!

By Andrew Dobbs

(I noticed that no one had posted on this yet, so I figured I'd go ahead. Sorry if anybody had their heart set on putting this out there, K-T can put something else up if he'd like).

There is no typo in the title of this post. While its proponents rail against gay marriage's threat to traditional families in Texas, the passage of Proposition 2 would actually be the biggest blow to traditional marriage in American history.

As Save Texas Marriage explains, the text of the amendment itself is terrifically flawed. Let's take a look at the wording:

Sec. 32. (a) Marriage in this state shall consist only of the union of one man and one woman.

(b) This state or a political subdivision of this state may not create or recognize any legal status identical or similar to marriage.

Read it closely. Section (a) defines marriage as one man and one woman. Hooray for straight people! But Section (b) says that nobody in Texas can recognize any status identical to marriage. Wha? That's right: if this amendment passes, marriage is outlawed in Texas. Other states had the good sense to say that no status involving "unmarried persons" or "any other status" in order to make it clear that marriage still existed. Not here in Texas! The same guys who couldn't fix our schools, couldn't figure out how to take care of sick kids and can't seem to figure out how to obey the law can't even screw over gay people correctly. Thanks Republicans!

So remember, if this Prop passes, we will all be bastards, our loved ones all living in sin and divorce attorneys and insurance companies will have a field day with this one. If you want to defend marriage, you better vote AGAINST Prop 2.

KKK to Support Prop 2 in Austin

By Karl-Thomas Musselman

From the world of "oh brother" comes this wonderful gem. Apparently someone thought it was a good idea to bring a white supremacist group, to Austin, for them to rally in support of Proposition 2. I'd seriously like to know who their scheduler is.

One, don't bring the KKK to Austin of all cities in Texas. That's just stupid. Two, having the KKK support Proposition 2 is one of the few, if not only things you could do, that might make people actually want to vote against it simply because of how negative an opinion they have of this group. Three, having your little shindig in the middle of the afternoon on a Saturday during the weekend when there isn't any voting going on makes little electoral sense, reducing that as a motive for the event. Four, having it on the weekend just invites all those off work staffers and various other Austinites to show up and make a ruckus, which is quite obviously the real intent.

The city has given permission of the Ku Klux Klan to hold a rally on Saturday, November 5. The group says they want to have a pro-family values rally in front of City Hall that afternoon to get voters to vote against gay marriage.

The city has reserved the Austin City Hall’s south plaza on Lavaca and Cesar Chavez from 1-3 pm on Saturday, November 5.

In an e-mail to the city for permission, a representative for the American White Knights of the Ku Klux Klan wrote: “Our speech will not be inflammatory, but we all know the reputation of the name of the KKK, so we expect anti-Klan demonstrators to be there who may become violent. We certainly don’t want any of our people hurt nor any city officials. We just want to come and encourage people to vote for Christian Family Values and against legalized homosexual marriage in the state of Texas.”

I only wish I could express the degree to which I'm rolling my eyes and sighing right now.

Reminder: John Edwards to Speak on Campus

By Phillip Martin

Just a reminder that John Edwards will be speaking today on campus about what students can do to help fight poverty. The talk begins at 2:00pm in the Texas Union Ballroom, but the doors are at 1:30pm, so get there early. I'll be attending, and I believe will get a chance to briefly interview Edwards after the event (perhaps even liveblog it, if I can find a laptop that has wireless internet).

Go 'Stros.

All Nighter Against Inequality

By Karl-Thomas Musselman

And so it begins, the Campus Alliance Against Inequality overnight fest here on the West Mall as we prepare to storm the voting machine inside the Flawn Academic Center (UGL) at 7 am. I must say that it feels like fall, the temperature has been in the mid-50s so far this night.

The event began at 8 pm with the first of three bands, Mumblebee. What a way to kick off the night as they played a half hour set that got us all energized for the night out. They were followed by another student band, The Pajamas, which sadly, does not have a website yet for me to link to, but nonetheless provided some great music as many of those here started getting interviewed by local media. There are 3 satellite trucks for KVUE (ABC), KXAN (NBC), and KTBC (FOX) local affiliates. CBS is expected later tonight. Be sure to watch the local stations 10 o'clock news as we may be live on some of them. News 8 Austin has been here since 6 pm and will have their story running every hour starting tonight.

Acquired Taste, our third band is on stage right now. I'll be uploading images in just a minute! Watch this thread for move liveblog updates!

Here are some of the pictures.

News Cameras

Our Poster!

The Pajamas band pic

Aquired Taste band pic

Update: We just got finished giving out flyers for the Campus Storm, to paper campus with our vote no on 2 message. They will be going up on kiosks, in dorms, in academic buildings (all in the legal places to my knowledge). We are now setting up our screen for the movies we plan to watch and taking down our mic system, since we are following the City of Austin sound curfew as best as possible.

Update: The Daily Texan has reported on our little event, you can read it here. The Texan has also issued it's endorsements on the Amendments.

1- No
2- No
3- Yes
4- No
5- No
6- Yes
7- Yes
8- No
9- No

I'll try to have mine up in the morning, maybe after I vote, though hopefully before.

Update: It's after 4 am now, and the temperature has dropped, sitting in the high 40s at best. Most of those still here, and there is a dedicated group of 15-20 (which seems to actually grow as the night goes on) have now bundled up and huddled closer to each other as Spiderman 2 and Family Guy roll on the main screen.

Is there a legitmate arguement against permitting same-sex marriage?

By Jim Dallas

For those who are only casual blog-browsers, Scott Lemieux, Julian Sanchez, and Andrew Sullivan have been piling on Maggie Galagher, whose arguments (over at Professor Volokh's place) against same sex marriage have been (to put it bluntly) utterly demolished.

The more I follow the literate debate over marriage, the more I am unimpressed (I long ago was unconvinced) by the defenders of traditional marriage. Unless they get some new arguments, no thinking person could possibly agree with them.

But, as Adlai Stevenson once lamented, "that's not enough, we need a majority."

Of course, I could be wrong. Maybe there is actually a legitimate argument against same-sex marriage that I am missing. This is what comments are for.

Update: Of course, I forgot to mention Kieran Healey's takedown.

Join Us Overnight at UT

By Karl-Thomas Musselman

Our Campus Alliance Against Inequality is throwing an overnight shindig in front of the UGL (Flawn Academic Center) tonight starting at 8 pm and running until tomorrow morning when the polls open to start casting votes in the Constitutional Amendment election.

We invite you to join us on the West Mall, starting at 8 pm, we will have 3 local bands perform, a break for the media at 10 pm, then a Campus Storm to get flyers and posters up all over campus, and then free food and movies as the night wears on. Bring a sleeping bag, pajamas, a blanket, whatever you like, or go home and join us again for 7 AM early voting, where there are more media expected as well and we will be handing out free balloons to those who voted, which we made especially for this event.

I will be liveblogging the events tonight so tune into BOR for what develops as well as my endorsements on the Constitutional Amendments, since now I have to actually think about the rest of these boring lame ass amendments before I vote at 7 am.

All Major TX Newspapers Against Prop 2

By Karl-Thomas Musselman

What do El Paso, San Antonio, Galveston, and Lufkin all have in common? Newspapers that came out in opposition to Constitutional Amendment 2 today. The means that every single major statewide newspaper has endorsed a vote AGAINST Prop 2. Lufkin, happens to be represented by Sen. Todd Staples, the Senate author of the amendment.

Also, we have finally seen our first Texas newspaper (and I can't believe I'm actually saying this is the first one being the day before voting starts) which has endorsed a yes vote- The Amarillo Globe News, though the arguments are very short. Here's your clipped roundup...

El Paso Times: Vote NO. It's redundant, already addressed in Texas law.

San Antonio Express News: Marriage does appear to be in trouble in Texas, but it is hard to see how gays have jeopardized the sanctity of the union between a man and a woman.

...

Because it could create unnecessary legal problems in a misguided — and discriminatory — attempt to strengthen marriage, voters should reject the amendment.

Galveston Daily News: The Daily News has opposed this idea for a long time. We’ve got one reason: Government should stay out of the private lives of people.

Before you get caught up in the rhetoric of this debate, ask a simple question. What, exactly, is the compelling reason for a constitutional amendment banning gay marriage?

...

Yes, a high percentage of marriages end in divorce.
Yes, deadbeat parents don’t pay child support.
Yes, almost a third of the children born today are born out of wedlock.
Yes, an alarming number of traditional families suffer from abuse and violence.

Those are sad facts about the American family. But how can anyone presume that gays and lesbians are responsible? Don’t all those facts reflect on the behavior of heterosexual people, rather than on homosexual people?

Think about the claim that failing to pass this amendment will undermine marriage. Does anyone really foresee that heterosexual men and women will stop marrying?

...

Government should afford gay people the same rights that other people have. Government should not guarantee rights to some — and then make them off limits to others. Government should not pass laws that restrict personal freedom.

When government must restrict someone’s freedom, there ought to be a compelling reason for doing so. The reasons given in favor of a ban on gay marriage don’t meet a very high standard for clear thought. They’re not even close to compelling.

Lufkin Daily News: The amendment that is drawing the most attention is Proposition 2, co-authored by state Sen. Todd Staples, R-Palestine, who represents our area.

...

But we have long favored allowing gay couples to join in civil unions that provide them the same legal protection that married couples have in terms of health benefits, inheritance, etc., without having to draw up expensive legal documents to obtain those rights. And that's why we oppose this proposition. The second half of the proposition bans governments from recognizing any "legal status" similar to marriage.

That goes too far. The amendment will be used to discriminate against a class of people that make up a significant number of productive Texas citizens – all in the guise of "protecting" marriage.

...

Proponents say the law banning same-sex marriage isn't sufficient, because a judge could overturn it. First off, as another editorialist pointed out, no Texas judge is going to overturn a ban on same-sex marriage, because that likely will be the last term of office he or she serves. Second, a state amendment can still be overturned by a federal judge as being a violation of the U.S. Constitution. The ultimate arbiter is the U.S. Supreme Court, which is where this issue will likely be decided once and for all.

The Jacksonville Daily Progress also had a staff writer editorialize against Prop 2, though I don't believe the paper has taken an endorsement otherwise. The title? Gay marriage, big whoop.

Update:I can thank the Aggies for something, even though we will beat them on the ballfield in a few weeks. The Byran-College Station Eagle endorsed a NO vote on Prop 2 as well, joining the Daily Texan in encouraging defeat of this amendment.

Early Voting Across the State

By Karl-Thomas Musselman

This thread if for early voting locations in counties across the state. I've found a number of them already, if you have your county, please leave it as a comment for record. I'm including a number of links that Jim already found yesterday.

This entry will become a hotlink on the side column so consider this my charge to you as readers: find your county's info (places, dates, and times), and add it as a comment. Election Day is November 8th statewide. Please only add early voting locations for the statewide ballot propositions.

Info below the fold.

Travis County
Dallas County
Bexar County
Tarrant County,
El Paso County
Williamson County
Brazos County
McLennan County
Jefferson County

Galveston County

Voters can cast ballots from 8 a.m. to 5 p.m. weekdays through Nov. 2 and from 7 a.m. to 7 p.m. Nov. 3 and 4 at the following locations:

• Galveston County clerk’s office, 722 21st St., Galveston.
• Bacliff Community Center, 4503 11th St., Bacliff.
• West County Building, 11730 state Highway 6, Santa Fe.
• Nessler Center, 2010 Fifth Ave. N., Texas City.
• League City County Annex (front entrance), 174 Calder Road, League City.
• Friendswood City Hall, 910 S. Friendswood, Friendswood.
• Park Avenue Community Center, 6901 Park Ave., Texas City.

Harris County

•8 a.m.-4:30 p.m. Monday-Friday
•7 a.m. - 7 p.m. Saturday
•1 p.m.-6 p.m. Oct. 30
•7 a.m.-7 p.m. Oct. 31-Nov. 4

Inside Loop 610
• 1. Downtown: Anderson-Clayton Building, Annex 44, 1310 Prairie, 16th floor
• 2. Moody Park area: Moody Park Recreation Center, 3725 Fulton
• 3. Kashmere area: Kashmere Multi-Service Center, 4802 Lockwood
• 4. Southeast Houston: HCCS Southeast College, 2524 Garland at Rustic, East Campus Annex
• 5. Palm Center: Justice of the peace-constable entry, 5300 Griggs
• 6. Astrodome Area: Fiesta Mart, 8130 Kirby
• 7. Neartown: Metropolitan Multi-Service Center, 1475 W. Gray

Outside Loop 610
• 8. N ortheast Houston: BeBe Tabernacle Methodist Church, 7210 Langley
• 9. Galena Park: Galena Park Branch Library, 1500 Keene, Galena Park
• 10. Hobby Area: I.B.E.W. Hall #66, 4345 Allen Genoa
• 11. Sunnyside: Sunnyside Multi-Service Center, 4605 Wilmington
• 12. South Houston Area: The Power Center, 12401 South Post Oak
• 13. Southwest Houston: Bayland Park Community Center, 6400 Bissonnet near Hillcroft
• 14. Near West Side: Tracy Gee Community Center, 3599 Westcenter
• 15. Spring Branch: Harris County Courthouse Annex No. 35, 1721 Pech, second floor
• 16. Acres Homes: Multi-Service Center, 6719 W. Montgomery, second floor
• 17. North: Hardy Senior Center, 11901 West Hardy

Outside Beltway 8
• 18. Humble: Octavia Fields Branch Library, 1503 South Houston, Humble
• 19. Kingwood: Fire Station 102, 4102 Lake Houston.
• 20. Wallisville: North Channel Library, 15741 Wallisville Road
• 21. Baytown: Remington Park Assisted Living, 901 W. Baker, Baytown
• 22. Pasadena: Harris County Courthouse Annex No. 25, 7330 Spencer Highway, Pasadena
• 23. Clear Lake: Freeman Branch Library, 16616 Diana, Clear Lake
• 24. Alief: Alief Regional Library, 7979 South Kirkwood
• 25. West Houston: VN Teamwork, 1210 Bellaire, Suite 118
• 26. Far West/Katy: Harris County M.U.D. No. 81, 805 Hidden Canyon at Cimmaron, Katy
• 27. Far West Houston: Courtyard by Marriott, 12401 Katy Freeway at Dairy Ashford

• 28. Bear Creek: Bear Creek Park Community Center, 3055 Bear Creek at Patterson
• 29. Jersey Village: Epiphany Lutheran Church, 8101 Senate
• 30. Tomball: Tomball Public Works Building, 501 B James, Tomball
• 31. Cypress Creek: Barbara Bush Library, 6817 Cypresswood, Spring
• 32. Far North: Ponderosa Fire Station No. 1, 17061 Rolling Creek

HD 143 Update

By Karl-Thomas Musselman

The Houston Chronicle has a great piece that looks at the candidates in the Special Election to fill HD 143. Many of the candidates, money, and consultants have ties that go back to political feuds of the past, but it's well worth a read.

Travis County Bond Election

By Karl-Thomas Musselman

While we are all focused on the Constitutional Amendments, there are three Travis County bonds up for a vote on Nov. 8th that deserve your support.

Here is the flyer that visually lays out where the projects are planned for purchase or construction. http://www.traviscountybonds.org also has some information on why you should vote for all three.

BOR endorses a YES vote on Travis County Bond Propositions 1, 2, and 3.

Peace in the Texas Hill Country

By Karl-Thomas Musselman

Something is afoot in the Hill Country west of Austin. The peace movement has been reactivated. If anything, I think it is a sign that even in some of the most conservative areas, the atmosphere has altered enough that these actions are coming together once again.

The Hill country Peace Movement emerged on the eve of the Iraq War in 2003 when a number of concerned citizens in the Kerrville, Fredericksburg and Boerne area organized peace walks in these cities urging the Bush Administration to settle the concerns with Iraq diplomatically, rather than go to war. Unfortunately this Administration choose to attack Iraq and we can now see the terrible results, both in lives lost and casualties, as well a hundreds of billions of US dollars spent on this effort.

The Hill Country Peace Movement has been reactivated. The Movement believes that ending the war and occupation of Iraq now supports our troops by saving their lives rather than continuing on a course that will only add to the casualties and is not honoring the memories of our fallen and wounded heroes.

The group will sponsor a Peace Walk Friday, October 28 at the Gillespie County Courthouse in Fredericksburg. This walk will be patterned after a walk held in Kerrville on October 7. The Peace Walk will begin at noon with a prayer for peace and for the safety of our GI’s engaged in this war. Walkers are encouraged to bring their own signs expressing their opinion on the Iraq War, keeping in mind that the purpose is to "Honor our Warriors - Not the War" and urging the withdrawal of troops from Iraq without delay. Next, they are asking that the US lead an international effort to aid in the recovery of Iraq with many other countries helping.

About 200 bi-partisan walkers have attending previous marches.

Reason #342,167,953 why I don't read Instapundit

By Jim Dallas

Not because Glenn Reynolds dissed Texas barbecue (being born in Tennessee, I concede that the man has a point), but because, like so many Republicans, Insty still hasn't gotten the memo that the Republican Party would be better off with out Tom DeLay. Then again, nobody seems to be getting the memo. You know the usual line is, "when your opponent is drowning, toss him an anchor." They've already got an anchor and every day they seem to be embracing it even tighter. Blows my mind, man, blows my mind.

Update:Meanwhile, Kuff asks whether Dick Deguerin is usually this talented as a b.s. artist. Some say yes, but the DeLay trial is surely his magnum opus; five to one odds we see the Chewbacca defense ("it doesn't make any sense!") before this all said and done.

Here's a real question: will DeLay testify? will they attempt to put character evidence in (wouldn't that just play right into DeGuerin's reputation for boldness)? As this story suggests, Earle quit on the KBH trial because of evidentiary rulings. What comes in and what stays out will be of considerable importance...

... incidentally, the adjunct professor from whom I'm learning Evidence (a.k.a. defense agaisnt the dark arts) ran against Tom DeLay in 2002. And he hasn't said anything. That's because he's too modest.

Update 2: For those of you who wish to defend the honor of Texas barbecue, Austinite Josh Wills has a blog dedicated to defending the faith. Personally, my favorite is Carolina-style pork with hot mustard sauce, followed by Texas, followed by Memphis-style. I find it abhorrent that the most popular barbecue sauce has the words "KC" and "Masterpiece" together; if that's not an oxymoron, I don't know what is.

Early Voting

By Jim Dallas

Starts Monday.

In Houston, consult this map. I'll probably be voting at the JP's office again down on Griggs Road.

In Austin, you may vote early at these locations:

Central

* Randalls (35th Street)
1500 West 35th Street
* Fiesta Mart
3909 North IH35 @ Delwood
* Travis County Airport Boulevard Offices
5501 Airport Boulevard
* Travis County Courthouse
1000 Guadalupe Street, 1st floor
* University of Texas
Flawn Academic Center lobby, West Mall

East

* Northeast Health Center (Springdale Shopping Center)
7112 Ed Bluestein Boulevard, Suite 155
* HEB (East 7th)
2701 East 7th Street @ Pleasant Valley (temp. bldg. in parking lot)

North

* Randalls (Parmer Lane)
1700 West Parmer Lane @ Metric Boulevard

Northeast

* County Tax Office, Pflugerville
15822 Foothill Farms Loop, just off Pecan Street, Pflugerville
* Albertson's (North Lamar)
11331 North Lamar Boulevard @ Braker (temp. bldg. in parking lot)

Northwest

* HEB (Four Points)
7301 FM 620 North @ RR 2222 (temp. bldg. in parking lot)
* Randalls (Research)
10900-D Research Boulevard @ Braker

South

* Randalls (Ben White)
2025 West Ben White Boulevard @ Manchaca
* HEB (South Congress)
2400 South Congress Avenue @ Oltorf (temp. bldg. in parking lot)

Southeast

* Albertson's (Riverside)
1819 South Pleasant Valley Road @ Riverside (temp. bldg. in parking lot)
* Albertson's (Stassney)
5510 South IH35 @ Stassney

Southwest

* Randalls (Brodie)
9911 Brodie Lane @ Slaughter
* Randalls (South Mopac)
6600 South Mopac Expressway @ William Cannon

West

* Randalls (Lakeway)
2303 RR 620 South
* Randalls (Bee Caves)
3300 Bee Caves Road

You can vote at any early voting polling place in the county in which you are registered. Here are some other county lists: Dallas, Bexar, Tarrant, El Paso, Williamson, Brazos, Galveston, McLennan, Jefferson.

Edna: The Latest Tulia

By Phillip Martin

An incredibly well written story by the Austin Chronicle titled "Crackpot Crackdown" discusses the latest attempt by East Texas law enforcement officials at abusive, racially discriminatory prosecution:

In what has become an all-too-typical tale of rogue criminal justice in rural Texas – epitomized by the infamous 1999 Tulia drug sting – it appears that the Edna "crackdown" had much less to do with eradicating drugs than it did with institutionalized, small-town racism. Under the guise of removing drugs (specifically, crack cocaine) from the streets, local lawmen may have themselves broken state law, primarily by relying on a local crack addict as their sole informant to send 28 of the 29 defendants to prison for sentences from one to 20 years. Only two of the defendants, including Patterson, dared to challenge the charges in court; the rest accepted plea bargains offered by longtime Jackson Co. District Attorney Bobby Bell. They did so, it seems certain, in large part out of fear of challenging Bell's authority and thus receiving even heavier sentences.

This is a remarkable story. I know few will read it on Friday, so I'll leave this link up here now, and write more on it next week.

Dallas Morning News: No on 2

By Karl-Thomas Musselman

One of the three largest remaining state newspapers has now endorsed yet another NO vote on the Texas Marriage Amendment. The Dallas Morning News, driven in part by concerns over the threatened loss of local benefit registries, has editorialized against the amendment, available here.

DMN: Given that state judges in Texas are elected, and therefore answerable to the people, the chances of a judge doing so are about as good as the Texas Supreme Court outlawing barbecue, so this proposed amendment essentially uses a sledgehammer to kill a mosquito.

...

Dallas and Travis counties provide certain health benefits to the partners and families of gay workers. So do hundreds of jurisdictions elsewhere in Texas and across the country. An amendment outlawing "any legal status ... similar to marriage" seems to subject these benefit plans to legal challenge. For what gain?

Proponents of this amendment argue that it won't affect private contracts between gays, and they cite language that was part of the resolution referring this issue to the ballot as proof that the intent behind the amendment isn't to undermine private contracts. But that language doesn't appear on the ballot...

In fact, the state House expressly rejected an effort to clarify the amendment's effect on private contracts when it voted 96-44 earlier this year against including on the ballot a provision stating that the amendment "may not be construed to prohibit the recognition of any contractual relationship currently available."

We doubt most Texans want to make it more difficult for gays to visit loved ones in the hospital or the like. These and other private contracts are already largely accepted by society – and even considered good for business. Thirty-eight of the Fortune 50 companies offer benefits to same-sex couples. Four of North Texas' largest private employers added domestic partner benefits last year.

Why on earth deny to these men and women, not special privileges, but ordinary human decencies?

We recommend a "no" vote.

The El Paso Time and San Antonio Express News have yet to endorse.

John Edwards at UT Monday Oct. 24th

By Katie Naranjo

Sen. John Edwards will speak to UT this Monday, October 24th, at 2:00pm in the Texas Union Ballroom. Doors open at 1:30pm. Edwards will discuss what Texas students can do to fight poverty.

*DO YOUR PART TO FIGHT POVERTY IN AUSTIN NOW: By dropping school supplies off at the door to support Project HELP, an East Austin initiative that supports homeless and hurricane displaced youth, you can do your part!

Project HELP is desparate for graphing paper, index cards, wide or college rule paper, dividers, kinder pencils (fat pencils), red checking pencils, pencil pouches, and spirals!

If all you can bring is 1 PENCIL, BRING IT! We will be grateful for anything.

I hope to see you and your school supplies at the Texas Union Ballroom on Monday! See www.opportunityrocks.org for ticketing info.

I need a gibberish to English translater, stat!

By Jim Dallas

How can I express, in a short, simple way, that:

(1) As a Democrat, I'd prefer to have a strong general election contest in SD7?

(2) That, despite this hope, the election in SD7 will probably end when the winner of the Republican primary run-off is declared?

(3) That, despite the fact that Mark Ellis is carefully avoiding trial lawyers (like the plague), I sincerely hope that SD7 elects Anybody But Nixon?

(4) That, most probably, the ABN candidate will be Mark Ellis?

(5) And, that despite the fact that I'm a little irked by Ellis's attempts to make immigration an issue, I nonetheless have come to believe that Ellis's stances are somewhat more sincere and less an attempt to pander to xenophobes than I did previously?

(6) This is the closest thing I'll get to endorsing any of the Republicans in the SD7 primary?

(7) That this post is in no small part fueled by the fact that, having a chance to meet Ellis this last week, I think he's a nice guy?

Clarification on City Council Stuff

By Andrew Dobbs

The other day on the post about Danny Thomas' position on Prop 2, I left a comment going against a couple of people who suggested that his support for this Proposition (which I, of course, oppose) should disqualify him for the City Council or Mayor in the future. Here's part of what I said:

Second, I wasn't aware of his desiring to run for Mayor, but I don't understand why this should be a litmus test for Mayor or City Council. They don't have the power to decide these things anyways, so its not like gay rights are doomed with him up there. He's good on environmental, public safety and economic development issues. He is one of the most consistently liberal voices on city council. He is also an evangelical pastor, which means that on a handful of issues he'll probably come down on a different side as everyone else. One bad issue does not a bad councilman make.

In other words, which would you rather have: a George W. Bush/Tom Craddick type with a pro-gay marriage stance or a Paul Wellstone type with an anti-gay marriage stance? Before you answer that question, remember that Wellstone voted FOR the Defense of Marriage Act and was generally more conservative on this issue than others. This is one issue, and it should not be a litmus test. Danny Thomas has been a wonderful city councilman, and this issue notwithstanding its a shame he won't be on our council any more.

Today I got an email from a dear friend of mine who works closely with Mayor Will Wynn and he thought that the "George W. Bush/Tom Craddick type" who supports gay rights referenced in my post might refer to the mayor. I want to make it clear that it DOES NOT. Mayor Wynn is a great leader, and has shown tremendous leadership. There are some things I disagree with him about, but he has my full support.

I was simply referring to a theoretical situation. If you had a hypothetical right wing jerk who just happened to have a decent position on gay rights (like maybe Barry Goldwater) versus a good liberal who happens to have a not-so-great position on the issue (like Danny Thomas or Paul Wellstone), who would you choose? Perhaps if it was for the US Senate or something in that regard you could reasonably make this one issue a litmus test. But what about for the City Council, where issues of development are much more pertinent and gay rights aren't a big issue on the docket? I was simply saying that we should not yank the plug on Danny Thomas because of one bad issue.

On that same note, I support Mayor Wynn and am proud that the mayor of my city stands against a hateful amendment like Prop 2. Don't want to confuse anybody, and sorry if I caused any bad feelings.

DeLay Booked in Houston

By Karl-Thomas Musselman

Not Travis, not Fort Bend, but the Harris County sherriff's bonding office is where DeLay crept off to in order to avoid getting photographed on a perp walk. I look forward to someone getting ahold of that booking photograph. I can only think of the mailers Lampson could do with that.

Update: The Smoking Gun has the mugshot, not really much of anything. Alas, I'll guess indictments will just have to suffice.

Statesman: HOUSTON — U.S. Rep. Tom DeLay on Thursday turned himself in at the Harris County sheriff's bonding office, where he was photographed, fingerprinted and released on bond on state conspiracy and money laundering charges.

"He posted $10,000 bond and they have left the bonding office," Lt. John Martin with the sheriff's department said.

DeLay, accompanied by his attorney, Dick DeGuerin, showed up about 12:15 p.m., appeared before a judge and was gone in less than 30 minutes, Martin said.

The appearance came a day after a state court issued an arrest warrant for DeLay and set an initial bail, a routine step before the Texas Republican's first court appearance Friday in Austin.

Move along folks, nothing to see here...

Have You Hugged A Self-Identified ModerateToday?

By Jim Dallas

Paul Waldman argues that the American people aren't conservative, and that "[t]he Democrats' 'liberal' problem isn't about issues, it's about identity."

In addition to being self-flattering, the Waldman theory also happens to explain a few phenomena evident in polling that the simplistic "21-34-45" theory does not.

At any rate, I have one quibble; Waldman's salve is to start attacking conservatism. That's great... but... I'd argue that the current identity problem exists not just because the term "liberal" has low valence but because "conservative" has high valence. That is, after all, Waldman's rationale. The sticky point is this: how do you attack conservatism without making conservatives think that you are making a judgment on them personally?

And indeed, this may be part of our problem. If I had a dime for every GOPer who complained about the "preachy moralism" of the "Left," I'd be a rich man.

Accordingly, I would argue a more effective strategy would be to explain in rational terms, "this is what liberalism can do for you and your family." And no, not in the stale, technocratic "teh pR3SKRIPSHUN DRUGGS!!!11!!!1!one" way either.

Incidentally, Jason Stanford said basically the same thing the other day:

Yes, we need to get the folks in the middle of the spectrum to vote Democratic, but we can't do it by offering store-brand cola (Tastes just like Coke, but it's really cheap!). We need to capture their imagination and offer a compelling vision of the future that takes us all in a different direction.

Which, if you've been paying attention, is exactly what Chris Bell is trying to do.

Agreed.

It's Official: Todd Baxter to Resign

By Damon McCullar

QR has the scoop. Rep. Baxter's statement is available here. The District 48 race just got a lot more interesting.

DeLay: Warrent for your Arrest

By Karl-Thomas Musselman

Greetings: You are hereby commanded to arrest: Thomas Dale DeLay.

Remember, it's not a crime to be a conservative, but it is a crime to be criminally corrupt! Book 'em, Dano!

Todd Baxter to Resign?

By Karl-Thomas Musselman

Say it ain't so. Quorum Report gives us this: Austin politicos of both parties in turmoil over possible resignation

Sources familiar with the discussions tell QR that Rep. Todd Baxter (R-Austin) is expected to resign in the near future to pursue other career opportunities.

If he did I've been told it would go to special session sometime in December, maybe January, with the primary then 3 months after that, with the full election next November. Talk about changing the local dynamics. I'll sure miss one of our local corruption poster boys. The least he could do it hang around to 2006 for us.

Astros Are National League Champs

By Matt Hardigree

Woo Hoo! The Astros win game 6 of the NLCS with a convincing 5-1 final score built on small ball, clutch hits and great pitching. I was at Onion Creek in The Hieghts and, oh yeah, there might have been a Houston Chronicle photog there to snap a picture of me and my friends celebrating:

(Photo: Houston Chronicle)

The Caption Reads Astros fans celebrate while watching Game Six of the National League Championship Series Wednesday at Onion Creek in the Heights. The Astros 5-1 victory sends them to the World Series for the first time in the team's history

I'm the one in the blue. Wierdly, we form the red, white and blue of Old Glory.

World Series!

By Jim Dallas

'nuff said.

Job Posting

By Karl-Thomas Musselman

U.S. Rep. Lloyd Doggett seeks a Legislative Aide/Legislative Correspondent for his Washington, DC, office to handle constituent mail and provide legislative advice on a variety of issues. Spanish language ability a plus. Excellent writing and research skills required. Please submit cover letter, resume and short writing sample by fax ONLY to 202-225-3073 (no calls please).

Senate Committee Probing Miers For More Texas Data, White House Info

By Vince Leibowitz

I haven't seen much on BOR in recent days about the Miers nomination, and ran across some interesting sutff via SCOTUSBlog, which I thought I'd post and expound on.

In particular, SCOTUSblog links to a letter from Sens. Specter and Leahey requesting Miers supplement her answers to a previous set of questions she received from the Judiciary Committee. And, they're asking some things about her Texas work. In the letter, the Senators asked Miers to:

"Please supplement your answer to this question, listing all reports, memoranda, or policy statements prepared, produced with your participation, or produced under your guidance during the time in which you served in any public office, including your various positions at the Dallas Bar Association, the State Bar of Texas, the American Bar Association or any of your positions in the White House. Please also provide the Committee with any policy position documents or questionnaires you filled out while running for Dallas City Council. Specifically, if you sought particular group endorsements or responded to position questions by particular groups in the community, please describe and append relevant materials."

With regard to the State Bar stuff, I believe the Committee is referring to Miers effort in 1993, while Texas State Bar president, to persuade the American Bar Association to abandon its abortion-rights stance.

Of course, litigation concerning her former firm means Texas legal powerhouse Locke Liddell & Sapp, LLP.

The Dallas City Council material obviously refers to a Texans United for Life survey Miers filled out in 1989 when running for Dallas City Council, which included the following question, to which Miers responded, "YES:"

"If Congress passes a Human Life Amendment to the Constitution that would prohibit abortion except when it was necessary to prevent the death of the mother, would you actively support its ratification by the Texas Legislature?"

Miers' full responses to the questions, which are now online via the Washington Post, shed light on the former Lottery Commission chairwoman's legal activities, and include some interesting Texans whom she opposed or served as co-counsel with. Miers also states that she represented Smith County, Texas, though no specific information is stated concerning when or concerning what she represented them on.

For example, one of Miers' numerous co-counsels in Microsoft Corp. v. Manning, 914 S.W.2d 602 (Tex. App. exarkana 1995, pet. dism'd), was none other than Max Sandlin, Jr.

And, the infamous Andy Taylor rears his head, too. Taylor was co-counsel for the Texas electors in Jones vs. Bush, the case concerning whether or not Cheney was a Texas resident, and concerning whether or not the president and vice president may be from the same state.

Miers also represented a woman in a Social Secutiry Death Benefits case with her sister-in-law (and 5th District Court of Appeals Justice) Elizabeth Lang-Miers.

And, in Disney Enterprises, Inc. v. Esprit Finance, Inc., 981 S.W.2d 25 (Tex. App. an Antonio 1998, pet. dism'd w.o.j.), Miers was opposed by none other than Carlos Zaffirin, the attorney husband of State Sen. Judith Zaffirini (D-Laredo).

Vince Leibowitz is former County Chairman of the Democratic Party of Van Zandt County, Texas, and is semi-regular contributor to Burnt Orange Report. He may be reached at Vince_Leibowitz-at-verizon.net

Odds and Ends

By Karl-Thomas Musselman

West Campus here in Austin has a lot of development going on right now, with last year's rezoning of the region. The Statesman had an interesting article about it earlier in the month.

The only reason I bring this up is because it's the best tie in I could think of to ask you to fill out a fellow blogger's survey for his stats project. You need only answer if you are actually renting the place you currently live. Answer his one question survey here.

Speaking of money, if you are a local candidate or campaign, you might think about buying a BlogAd. As you may have noticed, for the first time in months, we have a period of no advertisers. I'd take advantage of this lull as there are some more national buys coming later in the month and it's prime time for a buy. I've even noticed an uptick in people clicking on the Google Ads instead because that tower is now up at the top of the page.

Many times I use BlogAds sales to turn right around in my giving to local political action. For instance, I'll be making about $100 of recent income available to campus efforts to defeat Constitutional Amendment 2. We blog because we care, not because we're going to get rich!

Danny Thomas on 2

By Karl-Thomas Musselman

Austin Councilman Danny Thomas was the one city council member who was not signed on with Mayor Wynn's press conference Monday in opposition to Amendment #2. A reader sent in this information.

“I just made it clear that I don’t have anything against anyone, but I don’t believe in same sex marriage,” said Thomas. “I'm in favor of proposition 2.” Danny Thomas was attending a church convention in Lubbock Monday.

BORed: Seperated at Birth

By Matt Hardigree

Which one is Dieter Zetsche, head of DaimlerChrysler, and which one is Tobias Funke, father/acter/analrapist (analyst and therapist)?

or

Austin Smoking Ban Upheld

By Karl-Thomas Musselman

From the Statesman:

A federal judge has upheld the voter-approved City of Austin smoking ban but ordered the city not to revoke licenses or permits of business owners who violate the ban without first allowing them to have some sort of judicial review. The judge also ordered the city to limit fines against businesses that do not comply with the ban to $500.

U.S. District Judge Sam Sparks also said the city fine for violators of $2,000 violated state law.

...

Sparks also ruled that there "has been no clear showing by plaintiffs that the threatened injury of loss of business income outweighs the injury to the city and the citizens of Austin who enacted the ordinance."

I find it slightly ironic that the same businesses who whined that "constant revision of local ordinances disrupts the economic atmosphere and discourages investment or economic expansion" choose to try to force the judiciary to revise the local ordinances yet again. I guess it's less about any coherent value system and more about their bottom line.

They're businesses, they should be worried about their bottom line, but at the same time, personally I can't get too worked up about businesses that depend on an activity that kills you and negatively affects those around you. Now that I'm 21, I look forward to visiting downtown bars and music venues and not coming back smelling like a Drag Rat.

ActBlue In Texas

By Byron LaMasters

I'm pleased to see that ActBlue has chosen Texas as one of the Next Five States to activate for accepting donations online through ActBlue. Once Texas is activated, you'll be able to easily donate online to Democratic candidates in Texas legislative races. However, they need some help to get all of the legal work straightened out, so if you can, help activate ActBlue in Texas.

Daily Texan, Fort Worth Star-Telegram: No on 2

By Karl-Thomas Musselman

More in the string of this week's major papers to come out against the Texas Marriage Amendment.

Texan: According to a call to action on its Web site, the Free Market Foundation - which claims to be guided by principles that call for both "limited government" and government enforcement of "Judeo-Christian values" - believes amending the Texas constitution is necessary. The site claims that, "The only way to take this issue out of the hands of the judges and into the hands of the people is a constitutional amendment."

Except, in Texas, we elect our judges.

So even if a case challenging Texas' current anti-gay marriage law is brought to court, it will be heard by a judge who has just as much democratic legitimacy as, say, a bunch of legislators who want a moral victory after failing miserably to fix the state's school finance system.

Star-Telegram: Skeptics might be justified in calling this the "Gov. Rick Perry Re-Election Amendment," given the highly publicized bill-signing ceremony that Perry's people put together on June 5 at a Fort Worth church school so the governor could demonstrate his commitment to the sanctity of heterosexual marriage. Constitutional amendments do not require the governor's signature.

Proponents of this initiative attempt to justify their support by wrapping it in terms that evoke motherhood and Old Glory. However, all the lullabies and red-white-and-blue bunting in the world won't mask what Proposition 2 would achieve if voters are deluded enough to approve it: state-sanctioned discrimination.

Unless anyone has seen otherwise, I think that makes every single major and even minor newspaper in the state coming out against Proposition 2, of those that hace issued a stance so far.

Corpus Christi Caller Against Prop 2

By Karl-Thomas Musselman

Joining the chorus with a well written opinion...

The Caller: Proposition 2 on the Nov. 8 ballot is an exercise in legislative redundancy and should be defeated by the voters.

...

The assertion that passage of the proposition would somehow protect the institution of marriage is linguistic fraud. Those who have concerns about marriage might want to support laws and economic conditions that create more affordable housing. Better schools help families. So, too, does a more robust economy that gives families livable wages so that parents can spend more time with their children. That would do more for marriage than a law that targets scapegoats as the supposed cause of social breakdown.

Many Americans who oppose gay marriage are willing to consider the possibility of allowing civil unions. But Proposition 2 would remove any possibility of such arrangements. A gay person might not even have the ability to give a partner the right to make medical decisions on his or her behalf.

The statute now on the books recognizes the religious tenets of the majority of Texans regarding homosexual unions. To enshrine that prohibition in the Texas Constitution would be demeaning to all Texans, both gay and straight.

Austin Mayor Opposes Prop 2 (update)

By Karl-Thomas Musselman

Austin's Mayor Will Wynn publicly opposed Constitutional Amendment 2 today at a Press Conference in town. I havn't seen it hit any wires online yet, but here is the text release of this statement. He was surrounded by a plethora of local elected officials who didn't speak but stood with him in opposition.

A listing more or less of those officials are as follows. In italics are those that did not join the coalition of officials calling for a "no" vote on Amendment #2.

Mayor Will Wynn
Mayor Pro Tem Danny Thomas
Council Member Raul Alvarez
Council Member Betty Dunkerley
Council Member Jennifer Kim
Council Member Lee Leffingwell
Council Member Brewster McCracken

County Commissioners
1- Ron Davis
2- Karen Sonleitner
3- Gerald Daugherty
4- Margaret Gómez

Sen. Gonzalo Barrientos
Rep. Dawnna Dukes
Rep. Elliot Naishtat
Rep. Mark Strama
Rep. Eddie Rodriuez

Travis County Constables
4- Maria Canchola
5- Bruce Elfant

District Clerk Amalia Rodriguez-Mendoza
Tax Assessor-Collector Nelda Wells Spears
Treasurer Dolores Ortega-Carter
County Attorney David Escamilla
Sheriff Greg Hamilton

There are two primary reasons that I’m standing here today to voice my opposition to Proposition 2, which will appear on the November 8th ballot. This proposed amendment would place in our state constitution the definition of marriage as being solely the union of a man and a woman.

First, I’m a proud American who believes that the First Amendment of the American Constitution prevents us from making any laws that codify religious values. I understand full well that a lot of well-intentioned folks oppose gay marriage on the basis of their religious beliefs. And, I respect the First Amendment rights of these citizens to speak their minds about their opinions. I don’t, however, want their - or my - feelings and thoughts about religion put into law. It’s not an accident, in my opinion, that the same amendment to the American Constitution that guarantees free speech also forbids laws regarding the establishment of religion. We can talk about and practice our religious faith with wide latitude here in America, but we will not make laws about it. The founders of this great country knew all too well that the mixture of religion and law produces a fatally divided society, and they were not about to let the mistakes of past empires and nations be repeated in the new republic that they were building.

Further, the wisdom of our country’s founders regarding the separation of church and state reflects not only their observations of history, but also the Christian heritage that they shared: it was, after all, Jesus who said, "Pay Caesar what is due to Caesar, and pay God what is due to God."

Second, I’m very proud to be a sixth generation Texan with roots in the Austin area going back to 1843. And, to me, one of the great cultural characteristics of Texas is that, here, we mind our own business. In Texas, there’s more than enough room for a lot of different people with a lot of different opinions. We may not like something that someone else is doing, but unless it’s really hurting somebody, we just go our own way and let it be. I like this aspect of Texas culture a lot—a whole lot, in fact. I think it comes with being such a big and wide-open state, and I think that it, more than almost any other mindset, defines what it is to be Texan. So, let’s
just not get into the habit of taking our opinions and trying to turn them into the laws of the land, particularly constitutional amendments: every time we let this happen, we lose a big part of what it is to be of and from the Great State of Texas.

Thank you all.

Will Wynn

Waco-Tribune Against Prop 2

By Karl-Thomas Musselman

The Waco-Tribune adds its voice to the Houston Chronicle, Austin-American Statesman, and Victoria Advocate in opposing Proposition 2.

When Texas lawmakers approved Proposition 2 to be included on the Nov. 8 constitutional amendments ballot, they must have been looking for an issue that would grab voter interest.

Of the nine proposed constitutional amendments on the ballot, Proposition 2 is sure to generate the most passion since it touches on homosexuality, marriage, civil rights, religion and politics.

...

Gay marriages are already banned in Texas. Proposition 2 is unnecessary. The Tribune-Herald editorial board recommends voting against Proposition 2.

It seems that the rest of the major dailies will come out with their positions this upcoming Sunday or Monday when early voting begins. It's good to see a broad cross section of papers reject this so far. I have to reprint this quote from another article in today's Waco paper.

More couples in the South get married at younger ages. The average household income in the South is lower. Educational attainment is lower in the South. And Southern states have fewer Roman Catholics, which one conservative research group, the George Barna Research Group, says makes a discernible difference on the divorce rate. (Baptists have among the nation's highest divorce rates, the research group found.)

...

In fact, the state with the lowest divorce rate in the nation is Massachusetts, where gay marriage is now legal, and which has half the Texas divorce rate at 2.4 per 1,000.

So if we want to protect marriage, should be importing Roman Catholics and Homosexuals? I'm both so I'm doing my part saving gay marriage just by staying here I suppose...

The Chris Bell Report... Fight Payday Lending

By Matt Hardigree

I've been doing some blogging for the Chris Bell campaign and I thought I'd share it with all of you (as proof that I can write something more than once a week). Whatever campaign you support, this is an important issue:

What's the last thing that someone in financial crisis needs? Another financial crisis. Unfortunately, unscrupulous payday lenders have set up shop in Texas and are preying on people in need of emergency funds. The lenders loan money to these cash-strapped Texans for a short term and then charge interest rates in the hundreds and thousands when they aren't immediately paid back.

In Texas, the payday business is booming like oil at the turn of the 20th Century. Except in the lender's business model, the derrick is planted firmly on the backs of hard-working Texans and military families. According to the Center for Public Policy Priorities, there are more than 1,150 payday lenders in Texas. Combined, they've lent out an estimated $626 million to thousands of Texans.

To read the rest you can browse your way to the blog.

Burnt Orange Report from the 4th Floor

By Karl-Thomas Musselman

It's that time of year again. The time when no one else except those most closely involved in UT's Student Government start having their private thoughts about running for student body president (or vice president) come out into the open. You may remember last year's post, which created quite a stir, well I promise that this one will be much shorter.

Interestingly, this year's prospective candidates are not the ones that I would have guessed after the election results were released this past spring. At that time, the buzz was all about Grant Stanis and Courtney Livingston creating the traditional insider ticker. Since then of course, Grant has denied interest (which I believe) and Livingston has now resigned from the Assembly.

So that leaves an internal power vacuum. With the changes in ticket rules this year, as well as the filing of 'letter of intent' which were supposed to have already been submitted, it may seem like thing have gotten off to a slower start. But that's not to say that there are not already two teams in formation. So I present what is the best information I have about who's planning on what, starting with the more stable prospects first.

Danielle Rugoff, current Two Year at Large Rep, appointed to the position to fill seats opened by the current SG leadership, is planning on heading up one ticket as President. After two tries as an at large candidate on the Reprezent and Ignite tickets, she has built a base of popularity as one of the most recognizable icons on those reform movements. But she has moved beyond that now, being the key Assembly member for the Keep UT Hate Free initiative, as well as authoring or signing on for much of this year's legislation. Female and Jewish, she also would break the multi-year run on male presidents who are often supported by the Tejas Club, which is highly integrated into the SG structure, claiming two recent presidents, 6 current Assembly member, the chair of the Election Supervisory Board, as well the brains behind the platform and GOTV efforts of the two most recent election sweeps. Not saying that's good or bad, just saying that there seems to be some fatigue of Tejas control (even from within that very organization according to one source).

Marcus Ceniceros is currently thought to be running as Vice President with Danielle. Well known around these parts, Marcus was the President of University Democrats for both semesters last school year, leading the organization to being awarded the "Most Outstanding Organization" on campus by the UT Leadership Board. Currently active in Project Opportunity, an anti-poverty initiative which is bringing John Edwards to campus next week, as well as the Hispanic community, Marcus would be the only top candidate not already a member of the Assembly. Still, he's become quite involved with the Legislative Relations Agency and has worked with Minority Recruitment and Retention efforts. He's also served on the Liberal Arts Honors Student Council, one of the larger honors program bodies.

This combination is certainly more progressive than the current leadership or the prospective alternative which may make it of interest to many readers here. Of course, this is balanced by the fact that there are certain whispers claim the team has already picked off major support from the more conservative clubs and organizations who are comfortable with the leadership offered by this pair.

The second team is a bit harder to describe at this point, in part, because the two top candidates haven’t even settled on who is going to run as the other's vice, and vice versa. That's a bit unsettling to anyone who would be trying to make early decisions about who to support, which makes me think they are farther behind on candidate recruitment and organization. In any case, prospective presidential or vice presidential nominees as of now are current Two Year at Large Rep Michael Windle and current One Year at Large Rep Jessica Fertitta.

Windle, active in the Assembly and also from the world of Tejas, seems like a natural pick to continue on in the traditional year to year SG campaigns similar to those of Chaney or Haley, which swept their elections. Also active in Alpha Phi Omega, the powerful service organization that also plays in SG politics, Windle certainly isn't short on networks of friends. Windle, Rugoff, and Fertitta are all on the Legislative Policy Committee which reviews all legislation moving out to the Assembly, so each is quite aware of the actions of SG.

Jessica Fertitta is one of the people in the Assembly that has surprised me most. Coming from a background I originally thought somewhat weak, (chair of the University Pan-Hellenic Council- Greek), my impression was that she would have been one of the less involved sorority sisters that usually wind up getting elected. But since her election, she has impressed me with her work, as well as her energy, which is almost always friendly and forceful. It is this very thing though that may be the reason for conflict in who's running for what. Because of her outright nature, Fertitta may have more balls to push for the top spot, even though convention and current Assembly status, would place her in the VP spot. While very well known outside of SG, early SG posturing is largely a factor of 'weight' and visibility inside of the Assembly, which could be why this issue has yet to be resolved.

Politically, a Windle/Fertitta ticket of any combination would be more conservative. Fertitta interns for Republican Attorney General Greg Abbott, and Windle is publicly listed as 'moderate' on the facebook and quite honestly seemed to start showing up at UDems meetings only after last spring's elections.

That's all I know for now, or at least are willing to share without making me the sworn enemy of Student Government (if only), so feel free to comment, correct, or forward on this post in silence. As one parting tidbit, I'd like to include some UT Facebook Friend Numbers.

965- Danielle Rugoff
527- Marcus Ceniceros
642- Michael Windle
768- Jessica Fertitta

339- me
1,494- Omar Ochoa (current President)
1,091- Elizabeth Brummett (current VP)

Earle Website Launch & Primary Thoughts

By Karl-Thomas Musselman

Jason Earle, candidate for the Democratic nomination for HD 47 in Southwest Travis County (Keel's open seat), has launched his new website.

Over in the photos section you'll find one of Jason and I, interestingly, with Andy Brown in the background, taken at a recent UDems meeting. Though I would suggest having some way to get back to the home page after you click to other parts of the site, that's always annoying on campaign sites, so any campaign staffers reading this think about having that main image up top or such link home.

I like the Andy Brown campaign site, though the top banner is far too wide for 800x600 computer screen users, a big no-no that someone would be advised to fix soon. I enjoy reading the Brown Blog, though I wish there were comments so I could say how hot that picture is with Dusty Mangum.

This race is a contested primary, something I'll have more to post on in a bit. The dynamics of this race and the HD 48 race are enough to make my head spin as a blogger whose friends with people in all camps as well as with consultants who are on various sides. So let me make it clear...

I am officially neutral, not just by policy, but because I honest to god don't have a preference in these races yet. I don't live in either district and won't have time this fall to make it out to campaign for anyone yet, though I may try to make it out to some events to help gauge what's going on the ground. Campaigns and candidates are encouraged to keep sending me anything and everything, positive or negative. Though I would like to thank John Courage and Donna Howard for sending me personal happy birthday wishes last week! Stroking my ego is always appreciated, though I make no guarantee it will get you my vote!

This goes for the Governor's race as well (which I'm hearing is going to become a more contested primary once again soon enough). In that race, I'm equally dissatisfied with the options all around. Perry obviously doesn't interest me, One Tough Granny doesn't seem so tough anymore, my Kinky feelings have been dwindling since the revelation that DeLay's attorney was and still is one of his campaign advisors, and Bell, well, is there having just finished his $29k in 2 months fundraiser. Now, maybe if there was a kinky bell-ringing grandma with good hair running, we might have something. Of course, if you are Kirk Watson or John Courage, it's easy to get positive coverage here on BOR since you don't have primary challenges, aren't expecting any, and are generally awesome on top of that.

So in short, if you work for a campaign in Texas, read BOR, and I'm not reporting on it, e-mail me. I love hearing from campaign managers, hard working volunteers, tipsters, and actual candidates. In certain cases I'll take stances early in the primary (i.e. people running against Al Edwards or Frank Madla) but remember that our job here is reporting on, not reporting for campaigns in most cases, so if I'm neutral or cautious, it's because I have little interest in burning local bridges or have consultants stop having conversations I can overhear. And without that, BOR would be far less interesting.

YCT-UT Amendment Positions

By Karl-Thomas Musselman

The Young Conservatives of Texas at Austin have released their positions on the Constitutional Amendments. A short chart of how these compare to UDems is listed below, the reasons for their endorsements are in the extended entry. I disagree with a number of these, even on the UDems side. I'll be releasing Burnt Orange Report endorsements over the next week. While other writers here are free to disagree on them and post their positions on specific propositions, I will list mine in the side column as they have been before.

UDems / YCT
1: Against / Against
2: Against / For
3: For / Against
4: For / For
5: Against / For
6: For / -
7: Against / For
8: Against / -
9: Against / Against

Prop. 1 – The constitutional amendment creating the Texas rail relocation and improvement fund and authorizing grants of money and issuance of obligations for financing the relocation, rehabilitation, and expansion of rail facilities.

YCT Position: NO. YCT opposes using public funds to rehabilitate or otherwise subsidize private business enterprises.

Prop. 2 - The constitutional amendment providing that marriage in this state consists only of the union of one man and one woman and prohibiting this state or a political subdivision of this state from creating or recognizing any legal status identical or similar to marriage.

YCT Position: YES. YCT supports the traditional definition of marriage and favors constitutional protections to prevent activist state judges in the present or the future from redefining it.

Prop. 3 - The constitutional amendment clarifying that certain economic development programs do not constitute a debt.

YCT Position: NO. YCT opposes efforts to ease restrictions on taxpayer funded economic development, as it is corporate welfare.

Prop. 4 - The constitutional amendment authorizing the denial of bail to a criminal defendant who violates a condition of the defendant's release pending trial."

YCT Position: YES. YCT favors protecting potential crime victims by empowering judges to deny bail to criminals who violate the terms of their release.

Prop. 5 - The constitutional amendment allowing the legislature to define rates of interest for commercial loans.

YCT Position: YES. YCT favors permitting the free market to determine interest rates rather than the Legislature.

Prop. 7 - The constitutional amendment authorizing line-of-credit advances under a reverse mortgage.

YCT Position: YES. YCT believes that free market principles warrant permitting homeowners and financial institutions to determine the terms of a reverse mortgage.

Prop. 9 - The constitutional amendment authorizing the legislature to provide for a six-year term for a board member of a regional mobility authority.

YCT Position: NO. YCT believes that unelected boards that could authorize toll roads should not be given longer terms than elected government officials.

You, too, can be a member of the liberal elite!

By Jim Dallas

Kevin Drum catches Rammesh Ponnuru telling us to take our latte-drinking, sushi-eating, Volvo-driving, New York Times-reading (maybe not, but I digress), Hollywood-loving, left-wing freak show back to Oklahoma, where it belongs:

In 1997, Republicans lost a special election in the 22nd House district of California. I talked to a well-known Republican strategist afterward, and he blamed, in part, social-conservative activists who had run ads on abortion during the campaign. The strategist said that this was a stupid move "in a wine-and-brie coastal California district." It was a nice line at the time. But my impression is that the proportion of our population that consumes either wine or brie, or both together, has gone up since then. (If I were David Brooks, I'd have the data, straight from American Demographics, at my fingertips.) Hasn't the insult lost its bite? I thought of this when I read a crack against elites that mentioned bottled water. It sure seems as though drinking bottled water has ceased to be an elite activity. Back in 1997, conservatives could mock latte towns--but you can find latte in any town you're in nowadays. Conclusion: We need some new put-downs. (Confession: I like brie and wine, have occasionally had a latte, and buy bottled water for my family--but that last point reflects the high lead content in D.C. water rather than a preference on my part.)

Incidentally, the economic elite... that's another story entirely.

Where To See Your 2006 Democratic Hopefuls This Week

By Damon McCullar

It's time for this week's installment of Where To See Your 2006 Democratic Hopefuls! This post has gotten long due to the number of candidates in the field. Use the extended entry to see what's going on this week and who is running for what! If anyone has any leads on candidates or knows of someone I'm leaving out, please email me or leave a comment.

Barbara Radnofsky
Barbara is running for Senate against Kay Bailey Hutchinson.

Event: Keynote Luncheon Speech to County Democratic Chairs
Date and Time: Saturday, October 15, 12:00 to 1:00 p.m. Place: Doubletree
Hotel at 290 and I-35, (512) 454-3737

Event: Speech, Williamson County barbecue
Date and Time: Saturday, October 15, 7-9:00 p.m.
Place: Live Oak Unitarian Church, 3315 El Salido Parkway, Cedar Park 78613

Tuesday, October 18, Houston

Event: Reception and Fundraiser, Speech followed by Q&A session
Date and Time: Tuesday, October 18, 6:00 to 8:00 p.m.
Place: Private residence. Please contact campaign or Dr. Varon for details

Thursday, October 20, McAllen

Event: Reception and Fundraiser, Speech followed by Q&A session
Date and Time: Thursday, October 20, 7:00-9:00 p.m.
Place: Private residence. Please contact campaign or McAllen contact for
details.

Saturday, October 22, Houston

Event: 50th Annual Bellaire Forensic Tournament, Address at Awards Ceremony
Date and Time: Saturday, October 22, 5:30 p.m.
Place: Bellaire High School Auditorium, 5100 Maple, Bellaire, TX

Thursday, October 27, Corpus Christi

Event: Speech followed by Q&A session, reception and fundraiser hosted by
Barbara and Tony Canales
Date and Time: Thursday, October 27, 4:30-6:00 p.m.
Place: Republic of Texas Bar and Grille, Omni Hotel, 900 North Shore Line
Blvd.

Event: Speech followed by Q&A session, Texas Democratic Women Coastal Bend
Chapter Date and Time: Thursday, October 27, 5:30-7:30pm Place: Omni Hotel,
900 N. Shoreline

Chris Bell
Chris Bell is a former US Congressman who is seeking the Democratic nomination for Governor.

The Greater Arlington/Mansfield Democratic Women invite you to a reception honoring Chris Bell.

Thursday, October 20, 2005 at 6:00PM
Tony's Pizza, Pasta, & Subs
1121 W Arkansas Lane
Arlington, TX 76013
(817)460-6082

Appetizers and Drinks will be served!

$5.00 Cover Requested ~ Cash Bar
(Please park in the parking lot east of Tony s)

For more information or to RSVP, contact Nancy Swartz or Tonya Rosenberger

Chris is proud to be visiting with the Dallas County Democratic Meetup Group on the evening of October 20. The meetup is being held at the Tipperary Inn at 5815 Live Oak St in Dallas.

The meetup starts at 7 PM with a local candidates forum, and Chris will then speak to the group around 8 PM. Hope you can make it out!

For more information, contact J.T. Price.

Felix Alvarado
Felix Alvarado is seeking the Democratic nomination for Governor.

Maria Alvarado is running for Lt. Governor.

David Van Os
David Van Os is running for Attorney General.

October 16 – House Party, home of Victor and Wendy Milton, 10721 Timberwagon Circle, in Grogans Mill, The Woodlands; 2-4 p.m.; RSVP to wmaceo@houston.rr.com or call 281-292-0021. The more the merrier!

Hank Gilbert
Hank Gilbert is running for Ag Commissioner

Dan Dodd
Dan Dodd is running for Congress in CD-03

David Harris
David Harris is running for Congress in CD-06.

The Harris campaign will be in Dallas on October 18th at a meeting with Stonewall Democrats and on October 20th at the Greater Arlington/Mansfield Democratic Women reception for Chris Bell. We are looking forward to meeting more voters this week!

Shane Sklar
Shane Sklar is running for Congress in CD-14.

John Courage
John Courage is running for Congress in the CD-21.

John Courage will attend the Northwest Democrats Club meeting
8:30 - 10:00 AM Luby's Cafeteria Bandera Rd. in San Antonio

John Courage will attend Rep. Mike Villarreal's Picnic in the Park
1 - 3 PM at San Pedro Park in San Antonio

John will also attend a Planned Parenthood Event
3 - 5 PM in San Antonio

Sunday October 16, San Antonio

John Courage will be Block Walking in the Thousand Oaks neighborhood in North East San Antonio Noon to 4:00 PM

John will also attend the S.A. Progressive Action Coalition (SAAPAC)
Movie Night 6:00 PM to 8:30 PM Bethany Congregational Church, 500 Pilgrim (at Panda) inside Loop 410 San Antonio, TX

Nick Lampson
Nick Lampson is running against Tom DeLay for Congress in CD-22.

Henry Cuellar
Henry Cuellar is running for re-election to Congress in the CD-28.

Richard Raymond
Raymond Rodrigez is running for election to Congress in the CD-28.

Ciro Rodrigez
Ciro Rodrigez is running for Congress in the CD-28.

Mary-Beth Harrell
Mary-Beth Harrell is running for Congress in the CD-31.

Sat., Oct. 22, Bell County Democratic Party BBQ Fundraiser at Confederate Park in Belton from 3:30 to 6 pm.

Sun., Oct. 23, Erath County Democratic Women will host a Meet the Candidate get-together at 923 Timberbrook Dr., in Stephenville at 3 pm.

Kirk Watson
Kirk Watson is running for Texas Senate District 14.

Jason Earle is seeking the nomination for State Representative in District 47

Andy Brown
Andy Brown is seeking the nomination for State Representative in District 48.

Andy Brown will be blockwalking this weekend. Come meet Andy, talk to West Austin voters, and work on your tan! Contact Marc at 636-4345 or at marc@voteandy.com for more information.

Donna Howard
Donna Howard is seeking the nomination for State Representative in District 48.

Saturday, October 15
Donna will be participating in the Austin Moving
Forward event at Our Lady of Guadalupe, 1206 East 9th, 10:00 am - 1:00 pm

Monday, October 17
Donna will be attending the 20th Anniversary Celebration of Annie's List in Washington, D.C.

Tuesday, October 18
League of Women Voters Town Hall Meeting celebrating 85 years of women's right to vote, Carver Museum, 1165 Angelina Street, 6:00
pm - 8:00 pm

Wednesday, October 19 -
Austin Chronicle "Best Of Austin" awards - Donna will be
representing her church community whose minister was the critics' pick for best minister/spiritual leader, University Democrats meeting, Garrison 1, 8:00 pm

Saturday, October 22 -
League of Women Voters new member party, 11:00 am
Gray Panthers, Lyons Gardens, 2:00 pm - 4:00 pm

Dan Barrett
Dan is runing for State Representative in District 97.

Saturday, Oct. 15 - Taking Back Texas - 10:00-12:00 CWA Hall 412 S. Adams,
Fort Worth

Wednesday Oct. 19 - TexVAC (Texas Values in Action Coalition) Tarrant County
Legislative Lift-off Event see www.texvac.org

Paula Hightower-Pierson
Paula is running for Texas House District 93.

Judge Jim Coronado (site under construction)

Diane Henson
Diane is running for the Third Court of Appeals, Place 3

Bree Buchanan
Bree is running for the Third Court of Appeals.

Mina Brees
Mina is running for the Third Court of Appeals.

Charles Baird
Charles is running for the 299th district court here in Austin. Let's get behind him and Keep Austin Blue.

HD-143 Special Election

By Karl-Thomas Musselman

DC9 gives us some interesting graphics on the Nov 8th special election to replace the late Joe Moreno in the Texas House. It's a Democratic district, but the big challenge seems to be if Moreno family endorsed candidate Ana Hernandez can avoice a run-off in the field of six. The closest challengers would be Al Flores (R- according to the HCDP) and Laura Salinas.

There's not much noise being made about the race as far as I've seen, unless of course you are reading Salinas's consultant Marc Campos's Daily Yammering. But DC9 gives us those fundraising numbers which show that Hernandez leads in fundraising and cash on hand, something that Salinas has none of which isn't the best place to be in this type of election.

Anyone hearing anything from out in the district?

Get Your ActBlue Together

By Karl-Thomas Musselman

Thanks to Greg, who reminded me this was going on after I read it at MyDD last week, ActBlue (the online democratic fundraising group) is now expanding their efforts to the 50 states from their focus on the Federal races.

They have set up an online poll to select which states should be the next target, and Texas is included. Now, I'm all about not choosing your own state out of pride or something, but in this case, I think there is a good case for Texas. For one, it would take a load off of Greg's shoulders as he tries to incorporate it into our already existing Texas Tuesdays plan.

On top of that, Texas has fairly simply campaign finance laws on the state level, meaning, there are few limits in terms of who can donate and none on how much people can give to any race, easy to implement. On top of that, we have a strong Democratic blogging network and a commitment to the Run Everywhere strategy, meaning more campaigns to use it and more blogs to promote it, and more blog readers to donate through it.

So go vote for Texas as well as other states you think should be targeted first. They are picking the top 4 and Texas is in 5th.

And That's the Way it Is

By Jim Dallas

Cronkite, you magnificent bastard, I read your letter to the editor (linked through Taegan Goddard):

The key to a Democratic success in next year's Congressional election is clearly in the party leadership's coming up with a campaign that does not concentrate on the Bush administration's failures but offers alternative programs to fix what it believes is wrong with the Republican agenda.

A suggestion by which the Democratic Party could command the greatest public attention for its positive agenda: It could within weeks call an extraordinary midterm convention to draw up its platform.

The convention would not need to be expensive. The delegates could be those who attended the 2004 convention. Their meeting would be open to the public and of course the press.

In sharp contrast to the secrecy of the Bush administration, it would let the public, if only remotely, share in the construction of the Democratic platform.

Although local issues might cause some candidates in next year's Congressional election to veer from the platform on comparatively minor issues, the basic principles of the party would be clearly apparent.

The voting population would for the first time in many years have an unobstructed view of those principles that differentiate the Democratic Party from those of the Republican Party.

I do take issue with one point; sure, it wouldn't be expensive, but it would generate inter-party wrangling and finger-pointing about who is and who isn't invited. And even if the circular firing squad can be avoided (or mitigated), will the media care enough to show up?

A better idea might be like that currently being undertaken by the Change to Win coalition at sinceslicedbread.com.

Nonetheless, the message is clear: there are limits to schadenfreude. Be positive and proactive.

Anti-Earle Ads Running in Austin

By Karl-Thomas Musselman

As locals may have started noticing, the 'barking dog' anti-Earle commercials are now being broadcast here in Austin. Why? Because it's part of a Republican strategy to make the issue of corruption, not about Tom DeLay (because he's certainly not corrupt) but about a District Attorney who's prosecuted more Democrats than Republicans and was popularly elected county wide without Republican opposition last fall.

Watch the ad here.

I think my favorite part is the end of the ad, where the narrator urges people to call Earle (the phone number goes to the office of the DA, I called tonight) and "tell him it's not a crime to be a conservative."

No, it's not a crime to be conservative. But it is a crime to be corrupt or commit criminal acts.

In the meantime, Earle has subpoenaed DeLay's home phone and car records.

Happy Birthday US Navy

By Damon McCullar

It was on this date in 1775 that the Continental Congress authorized:

the procurement, fitting out, manning, and dispatch of two armed vessels to cruise in search of munitions ships supplying the British Army in America. The legislation also established a Naval Committee to supervise the work. All together, the Continental Navy numbered some fifty ships over the course of the war, with approximately twenty warships active at its maximum strength.

Happy 230th birthday US Navy. You don't look a day over 223. Go Navy, Beat Army!

No Bush Library for UT

By Karl-Thomas Musselman

The state's two largest higher education systems have both been passed over in the quest to find a home for the Bush II Presidential Library. Neither UT nor A&M made it to the final cut (not did the City of Arlington for what it's worth). Moving on will be Baylor University, Southern Methodist University, the University of Dallas and a group led by Texas Tech University in Lubbock.

Statesman: Baylor has been working on its proposal for several years and has purchased more than 100 acres on the banks of the Brazos River as a potential site. Waco is also close to Bush's ranch in Crawford. Lubbock, meanwhile, is near where the president and first lady grew up. The president and first lady will make the final site selection.

The University of Texas proposal, put forth by the UT System, offered a 21-acre parcel along Austin's Town Lake or two sites in Dallas as possible locations for the library. In addition to the main site, a secondary conference center site at UT-San Antonio also was proposed.

Want to bet who ends up with this thing? UT's bid felt half-hearted from the beginning. I think they realized Bush wouldn't pick them anyways and people in Austin weren't interested in potentially having it at a site here. Yes, I understand about research and all, but I'd give that up to keep our city free of any complex devoted to this "miserable failure" of a presidency.

Harriet Miers, liberal Democrat

By Jim Dallas

I have a bad habit of clicking links that take me to Drudge. But some times that leads to interesting tidbits, like this one:

The DRUDGE REPORT can now reveal that not only did Harriet Miers testify that she would not join the “politically charged” Federalist Society -- she testified that she had joined a liberal organization – the Democratic Progressive Voters League.

[According to the Handbook of Texas Online [http://www.tsha.utexas.edu/handbook/online/articles/DD/wed1.html], the Democratic Progressive Voters League is a Dallas political organization closely associated with the Democratic Party.]

Miers was also asked whether she considered “the NAACP [to be] in the category of organizations” that she considered to be “politically charged.”

Her answer: “No, I don’t.”

As we say here on the Internets, "ROFLMAO."

Best of Austin, Again

By Karl-Thomas Musselman

I don't think I could ask for a better present on this day of my 21st birthday. The Austin Chronicle has come out with the 2005 Best of Austin awards and Burnt Orange Report has been honored with the Best Local Blogger in the readers poll!

Hat tip to PinkDome on earning a tie with us in that category and for filling our shoes as we vacated the Best Local Political Blog spot which BOR earned last year. Heck, cheers again for us being mentioned as a runner-up in that category alongside In The Pink Texas and Grits. Which brings me to give congrats to ITPT for garnering the critics poll Best "Blushing Blog" spot.

So for a second year in a row, I think our BOR crew has proven to be your best source for much of the state's happenings, keeping an eye (or a couple of dozen of eyes) on the State of Texas. Our traffic has continued to grow beyond what we thought might have been a peak with last year's election. Thanks to Byron, Jim, and Andrew who were the crack writing team that got this whole project started and for bringing me on board as a bright eyed freshman, and thanks to every writer since then, all of whose voices make BOR the reporting engine that it is. And lastly, you the readers, our biggest critics, and the reason why we do this. Thanks for making us the Best of Austin once again. With your support, we'll be sure to stay that way!

Now the clips...

Best Local Blogger

Tie: Burnt Orange Report & PinkDome

Ooh, snap! That's right, they said it! Pink Dome and Burnt Orange are often so sharp and critical, it is actually possible to hear our Guvna' cringe all the way from Lavaca. Establishing themselves as the pre-eminent Austin-based anti-red state blogs, they're helping to keep the Capitol accountable and the rest of us well-informed.

Local Political Blog

PinkDome

It's time to polish the Dome. Thanks to their staff of writers, their eponymous head, Bluebonnet, and Rawhide, PinkDome has, in short time, become one of Central Texas' most popular political blogs, taking the Republican piss with their salacious, slanderific prose. And don't get us started on their clothing line and "Adios, Mofo" gear. The Dome, and for that matter, all her stellar runners-up (Burnt Orange Report, In the Pink, Grits for Breakfast), makes us recall a quote from that lone star populist Molly Ivins "Good thing we've still got politics in Texas, finest form of free entertainment ever invented."

Blushing Blog

In the Pink

InThePinkTexas.com or "Politics on the Lege of Reason," gives an insider's view to the goings-on at the state Capitol and beyond. Eileen Smith's blog is controversial, often offensive, mostly nonpartisan, and totally thought-provoking. The photos and text are updated many times a day, and a loyal group of commentators keeps the conversation going beyond the daily installments.

There are a ton of really great standouts in this year's BOA awards, a couple are listed below, though I'm incredibly proud of my State Representative, Carter Casteel, for her critic’s poll award!

Bipartisan Kids Legislator

Rep. Cartel Casteel

Carter Casteel is a rare bird in Texas politics these days. She's a Republican who refuses to toe the party line on public education issues. If the GOP leadership had its way, the state would scrap public ed altogether and hand it off to profiteers. Republicans, the dangerous ones at the top, think corporates and/or Bible thumpers can do a better job of running schools than educators. Rubbish, Casteel says. The House member from New Braunfels is a former schoolteacher who knows a thing or two about teaching kids. Trying to educate her party bosses is a bigger challenge. Casteel's best-of-show came in May, when she delivered a fire-and-brimstone argument against private school vouchers that threatened to put public schools out of business. You got a problem with public ed? Casteel asked fellow lawmakers. "Look in the mirror! We are what we are, and we have created it!" The voucher bill died, thanks to a dozen brave Republicans like Casteel who bucked the bosses and voted their conscience.

Use of Recycled Material

Carole Keeton Strayhorn

The highly marketable "One Tough Grandma" campaign slogan worked so well for Carole Keeton Strayhorn in her 2002 bid for state comptroller, she's taking the catchphrase out for another spin, this time in her candidacy for governor.

State Legislator

Mark Strama

We knew politics could get hot, but we never knew it could be this hot. Mark Strama: HOT (wink, wink). Yes, we know there is more to consider, such as: his unseating of Republican incumbent Jack Stick; his involvements with initiatives "Rock the Vote" and KidsVoting USA; not to mention his founding the first company to register online voters. He is so much more than a pretty face. We heart you, Mark (tee hee)!

Dream Finally Realized

UT Gender & Sexuality Center

After seven years of planning, one of the largest universities in the nation finally acquiesced to student and faculty demands for a gender and sexuality center. Combining elements of an LGBT safe-space headquarters and a women's resource center, the little office in the SSB (Student Services Building, for you non-Horns) has been offering counseling, mentorships, and good ol'-fashioned advice to UT students and faculty. Director Ana Ixchel Rosal and crew aren't stopping there, either. Plans to resurrect the Safe Space program and institute faculty training sessions are just the first step. Yet, with the undeniable success GSC has had and since Michigan's version has existed since the Seventies, one question remains: What took so long?

Way With Words

Rep. Senfronia Thompson, D-Houston

"I have listened to the arguments. I have listened to all of the crap. ... I want you to know that this amendment [is] blowing smoke to fuel the hellfire flames of bigotry." Rep. Senfronia Thompson, who delivered an impassioned argument against a proposed constitutional amendment to ban same-sex marriages and civil unions. Following her remarks, the Texas House voted overwhelmingly in favor of the ban.

Loot/Booty Free-for-All

West Campus Curbs and Dumpsters

At the end of every semester, West Campus looks like the furniture section of a Goodwill – except everything is free. Dumpster diving is never better than when students move out of their apartments. Whatever doesn't fit in daddy's SUV goes on the curb and is free for the taking – usually by other students. Most of their stuff was used when they got it, but a lot of it is still fine, functional furniture. Folks have been known to discover and salvage entirely decorated Christmas trees in their West Campus quests – just in time for the holidays!

Glen Maxey picked up a couple of BOA's, for best GLBTQ leader as well as his No Nonsense in November campaign. Kinky Friedman picked up Best Visionary in the readers poll, but then again, was listed next to Leslie Cochran, our local, wo/man about town. How appropriate.

University Democrats Endorsements for 2005 Contitutional Amendment Election

By Damon McCullar

I would like to apologize to my readers (i.e. fan base, especially Baby Snooks...love ya Snooks!) that I've not been writing much lately. My laptop suffered a material failure (i.e. it broke) and I will be sans computer for a few weeks. I will try to keep up my weekly segments, but otherwise I might fall off the radar for awhile.

Last night, University Democrats received a report from the issues committee and debated the proposed constitutional amendments on the ballot for 2005. University Democrats had the following endorsements:

State Constitutional Amendments
1 – Oppose
2 – Oppose
3 – Support
4 – Support
5 – Oppose
6 – Support
7 – Oppose
8 – Oppose
9 – Oppose

The wording of the proposed amendments can be found here. Analysis from the Texas Legislative Counsel can be found here.

University Democrats also voted to support all Travis County Bond Propositions on the ballot in November.

Anti-Prop 2 Ads: Good or Bad idea?

By Karl-Thomas Musselman

I noticed today, that the National Gay and Lesbian Task Force has gone up with a $200,000 TV ad buy in Houston, urging voters to cast ballots against Constitutional Amendment 2. I have mixed feelings to say the least. To view them go here.

One of the good things about Houston cable is that you can do much better targeting than say in Austin or San Antonio, because they have their network set up where you can get your ad only in front of the audiences you want it. Don't want to broadcast to blacks? Or just to certain age demographics? Odds are that you can do it with Houston cable. For that I am thankful because for this election, untargeted Broadcast Ads are NOT the way to win. There are very few areas where raising awareness of an actual election going on to the populace at large gets us a boost in turnout that actually help us.

Remember, in Texas, if we had Presidential level turnout, we'd be as much up shit creek with this Amendment as even Oregon was with their $2.4 million in aid from the NGLTF. It's not that we want low turnout either, we need the correct turnout. By making this big splash in the press about us running ads in Houston, not only are Houstonians aware of what's going on from the ads, but so is the rest of the state and those on the right that are paying attention to what we are up to. It's hard to ignore a fifth of a million dollars suddenly playing with Prop 2 turnout.

Why couldn't we have had $200,000 in aid for phone calls? Or direct mail? Or organizing on the ground? Or more focused radio or print advertising? On top of that, I viewed all six of those ads (and why spread out the message with seven different ads...) and I'm left with a feeling somewhere between "huh" and "meh". Gay couples talking about marriage and equality? It makes you think that we were actually voting on Gay Marriage in November, which will be illegal no matter how the vote turns out.

Plus the text overlay simply says "Vote No on 2". 2 what? 2 people? 2 homosexuals? What if there happened to county level bond proposals on the ballot like here in Travis County where "2" is actually a damn good bond issue for public lands and green space. This assumes that people know what 2 means, which if they are doing TV ads, usually means people don't.

Star Telegram: Dave Fleischer of the National Gay and Lesbian Task Force said the ads were unusual in featuring gay couples. Ads in other states with similar campaigns avoided direct use of the words "gay" or "marriage."

"We're going in a different direction here," Fleischer said. "If we're honest with voters, that's how we'll earn their votes."

The messaging also seems off, like the first ad which asks for respect for her family and not to ridicule her child. Most of the other ads leave me with the impression that the NGLTF is using this election, not to defeat Amendment #2, but rather as an excuse to try to change people's minds, something that they have been attacked for doing in elections last fall, which they deemed hopeless with the exception of Oregon.

I'll be thankful for the ads if their insider info on targeting has all been approved by Glen Maxey, who'd I'd trust to know his shit.

I'd appreciate winning. I can only hope this helps.

Mary Beth Harrell Announces Run for TX-31

By Karl-Thomas Musselman

Taking on Republican John Carter of Round Rock, Mary Beth Harrell has announced her campaign against him as a Democrat in Congressional District 31, which covers all or part of 8 Central Texas counties just north of Austin. The Killeen Daily Herald picked up coverage of her kick off...

Mary Beth Harrell of Kempner threw her name into the ring Tuesday, stopping in Killeen and Round Rock to announce her candidacy.

“A lot of us do think the country is headed in the wrong direction,” she said. “We need to turn that around.”

...

Concerns about why the war started, when it will end and how to avoid a similar conflict in the future were some of the issues the military wife and mother talked about.

She also expressed interest in helping create an affordable health care program, lessening the pressure of gas prices and questioning the tax breaks that major corporations are allowed.

“We pay our taxes. They need to pay theirs,” she said.

...

Harrell’s call to politics started early, she said.

“If you go to my Web site, you’ll see my dad shaking hands with Bobby Kennedy when he was running for the Senate,” she said. “It’s been a family tradition. And it’s never changed.”

Harrell’s husband retired from the military after 23 years in the Army as a chief warrant officer 3. Her two sons are also in the military, one here at Fort Hood as a staff sergeant and the younger son is stationed in Arizona as a sergeant.

Harrell and her husband also operate the nonprofit St. Francis Animal Sanctuary and Assisi Animal Refuge.

Out of her 20 years in the Killeen community, Harrell has spent the last seven as a criminal law attorney, doing additional work as a prosecutor in Nolanville and interim prosecutor in Temple.

This district went 65/33/2 last November when Jon Porter ran against Carter, but it looks like Harrell will have more support and organization this go round. This is a race on one of those areas where we should be running Democrats for our longer term strategy of building back out base in the state, spreading our message, and helping those down the ballot. This district covers Williamson and Bell counties, high growth areas, one in which we need to regain some level of competition. Plus, I hope Harrell's efforts will aid some of the House seats that sit in her district, such as the Williamson County challenges of Karen Felthauser and John Stauber. I'd keep an Eye on Williamson County (blog) for more updates from those races.

You're in Shitty Hands with Allstate

By Phillip Martin

From the Houston Chronicle:

The insurance company that bills itself "the good hands people" damaged its reputation by its conduct following the destructive passage of Hurricane Rita over Texas and Louisiana. In the face of nearly a hundred claims by people who lost access to their houses, the second-largest home insurer in Texas refused to pay up because the policyholders could not document physical damage to their property.

In addition to the Chronicle, Texas Watch has easy access to all the stories about Allstate over the past few months, including the story about the ad they ran trying to scare people into buying additional auto insurance from them. Thankfully, Texas Attorney General Greg Abbott issued a cease and desist order to get Allstate to stop running the misleading advertisements.

Abbott and the Texas Department of Insurance have again ordered Allstate to do what's right, telling them they must pay out the claims they owe. Not surprisingly, Allstate will contest the order in an October 20 hearing.

Now, imagine this commercial:

Scene opens with dark images of homes knocked to the ground, with the sparks from a broken telephone wire providing the only light. Suddenly, a tall man dressed like he just walked out of an Old Navy ad emerges from behind a streetlamp. He speaks:

Remember, you're in shitty hands with Allstate."

Would be a little more like the truth, wouldn't it?

BORed: My Old Congressman Charged With Drunk Driving

By Matt Hardigree

This isn't a partisan issue and this isn't part of the Republican's culture of corruption. This is just dissappointing. According to the Houston Chronicle. My congressman of many years, who I once ran a Ficus plant against, was arrested for drunk driving after a party in South Dakota.

Brady was pulled over by a South Dakota state trooper just before midnight Friday after receiving an alumni achievement award from his alma mater, the University of South Dakota. The award was presented at a dinner where wine was served, and Brady later attended a reception with a cash bar.

The five-term congressman was driving a Subaru Legacy sedan with several passengers on the two-lane State Highway 50 near Vermillion when he was stopped.

According to the police report, State Trooper Brent Mohrmann stopped Brady because of a problem with his taillights. After observing Brady, he asked him to step out of the car to take a battery of sobriety tests.

The part that gets me is something his wife said:

Brady's wife, Kathy, told KPRC-TV in Houston that she was in the car when he was pulled over about 100 feet from their hotel and that her husband learned a lesson to never drink and drive.

Rep. Kevin Brady represents The Woodlands, as well as a number of other cities. You would think that he would have learned his lesson before this. If only something might have happened to teach him that drunk driving was a bad idea.

The Associated Press

CONROE(AP) - Authorities Tuesday were investigating whether alcohol was a factor in an accident that left three teen-agers dead and two others seriously injured.

Troopers found beer cans in a cooler near the wreckage, but hadn't determined if alcohol contributed to the accident, Texas Department of Public Safety Trooper Ray Leal said.

All the but the driver, who was trapped in the wrecked Jeep, were ejected from the vehicle when it ran off a winding residential road and rolled over Monday in Montgomery County just north of Houston.

And those are just a couple of the drunk driving fatalities that have occurred in his district while he has been our congressional representative. Caroline, who perished in the accident, was a funny and bright person and her loss should have been a good enough lesson.

JetBlue in Austin

By Karl-Thomas Musselman

So now Austin is connected to the JetBlue network via three non-stop flights to New York City. $79 for a one way ticket? Sounds like I might be doing some more adventuring at that price. Cool.

Has the Man got you down?

By Jim Dallas

So... the University of Houston and the City of Houston fail to provide enough parking spots for people, and then send out friendly notices like this (not to me, but to the students generally):

We have just received word from UHPD that the City of Houston will be ticketing and towing cars that are parked on Calhoun on the theory that they are parked illegally on a city street. Several additional facts: (1) You should probably move your car immediately if you are parked there; getting towed is very expensive and no fun; (2) UHPD wants to make clear that it did not instigate this action and does not have control over parking on this public street; (3) the Law Center has zero control over this matter. Please spread the word.

Although this isn't exactly FEMA-esque, "you're doing a heck of a good job Brownie" insanity, it still is pretty upsetting.

Chris Bell Unveils Don't Mess with Ethics Plan

By Katie Naranjo

It is time to put on your Don't Mess With Ethics t-shirts because Chris Bell is announcing his Don't Mess with Ethics plan at the Texas Democratic Party headquarters. The announcement will begin at 11am so don't be late!!!

For more information hit up the ChrisBell.com website.

UT Pride Week Kicks Off

By Karl-Thomas Musselman

UT's annual PRIDE Week kicked off today and News 8 Austin actually had a really great report and video on it. You can watch it here. The full listing of this week's events can be found here.

We'll also be out continuing to register voters tomorrow on campus because it is the last day to do so for the Nov 8 election. Be sure to do so if you are not already, and if you are a student, check out the Campus Alliance Against Inequality, whose activism around Prop 2 was in the video report linked above.

Open Thread

By Karl-Thomas Musselman

Today is a busy day for some of the writers including myself as we catch up from this weekend. Remember, tomorrow is the last day to register to vote in the November 8th election.

What's going on in your neck of the woods?

Austin & Victoria Papers Against Prop 2

By Karl-Thomas Musselman

Today the principal papers of Austin and Victoria came out against Constitutional Amendment 2, joining the Houston Chronicle in endorsing a No vote.

The Statesman was very eloquant in it's editorial, one of the best I've read...

Over the past five years in Texas, about 635,000 divorce cases have been filed in state and county courts to end a marriage between a man and woman. But Texans are being told that on Nov. 8, in a statewide election, they can defend the institution of marriage — not by banning divorce, or making it more difficult to marry in the first place, but by voting for a constitutional amendment to ban marriage between people of the same sex.

A ban on gay marriage would do nothing — nothing at all — to protect or enhance traditional marriage. We urge Texans to vote against Proposition 2, the proposed amendment, because it's true purpose is to discriminate against gay Texans.

...

In short, there's no pressing legal reason to pass Proposition 2. In fact, its passage would be a step backward for Texas.

Texas and the nation have made enormous progress in the past half-century in knocking down laws and social practices that excluded people from all the benefits of citizenship in a free society because they were the wrong color, the wrong sex, had physical disabilities or were gay.

But Proposition 2 would anchor in the constitution a prejudice that same-sex couples — citizens who work, pay taxes and obey the law like everyone else — are not entitled to official recognition of their intimate, committed relationships to each other. And it would make it as difficult as possible to ever obtain such recognition from the Legislature, even if a majority came to support it.

It remains a terrific irony that, even as gay Texas citizens who want to marry cannot, "straight" Texans who can marry file some 120,000 divorce actions a year. And yet voters are told that the way to "protect" marriage is to pass a constitutional amendment attacking gay Texans.

It's not needed to defend marriage, and voters should reject Proposition 2.

The Victoria Advocate...

If the 79th Texas Legislature had shown that it genuinely cares about Texas families by reforming how the state funds its highest priority, public education, we might be inclined to take more seriously lawmakers' claims that their concern for the future of Texas families is why they sent Proposition 2 to voters, even though such a constitutional amendment is not needed and could do harm.

...

Because 79th Legislature wasted time on this proposal that it should have spent on important matters, because the proposed constitutional amendment is unnecessary and because it could do real harm to some of our fellow Texans, including families, the Victoria Advocate recommends voting AGAINST Proposition 2.

Finally! Competent Leadership!

By Jim Dallas

For once, I hope Pat Robertson is right (and by that I mean correct, not "right-wing"):

Prominent US preacher Pat Robertson said that recent natural disasters around the world point to the end of the world and the imminent return of Jesus Christ.

Notwithstanding the fact that both Jesus and George Bush only got where they are because of who their fathers are, the difference between the spiritual and temporal has rarely been so stark.

Update: Although it greatly annoys me that Reuter's AFP (what, do they not have Christians in France?) has bitten the Religious Right spin hook, line, and sinker. Consider:

Devout Christians believe that the "last days" will be marked by political and geological upheaval, and Roberts said recent events show that those days might have arrived.

Citing scripture from the Bible, the conservative Christian broadcaster said the latter days would be marked by "the birth pangs of a new order, and for anybody who knows what it's like to have a wife going in labor, you know how these labor pains begin to hit."

There are few things in Christendom more controversial and heterogeneous than eschatology (the theology of the end-times). Many "devout Christians" do not believe in "End Times" at all, and the premillenarian faddishness espoused by Robertson is relatively new in the history of our faith. Moreover, much of this is not "in the Bible" so much as in their particular interpretation of the Bible (particularly the interplay between Revelation and the Old Testament prophecies).

Nonetheless, I think having J.C. back in the 'hood would be funk-a-delic, fo shiz'.

A moment of clarity

By Jim Dallas

The Jeffersonian has a good round-up on the blogospher's reaction to a new report by Williams Galston and Elaine Kamarck saying that Democrats need to move to the center. My two cents:

(1) A conversion strategy is not mutually-exclusive with a base-mobilization strategy; but because Democratic politics have long favored a top-down, candidate-centered approach which necessarily requires tight message-control, base-mobilization will end up being the strategy "tasked" to the thankless grass-roots, while conversion will often be "tasked" to a national media campaign with all the accompanying accoutrements (polling, focus groups, etc.) Our side has been trying to do both for years, and just being completely ineffective at it. Googling around suggests that Ms. Kamarck is intimately aware of this problem.

Where the GOP has done well, it has been in more effectively identifying their base, and more effectively targeting persuasion towards the "weak links" in ours.

It sort of annoys me that discussions about strategy seem to boil down (and I'm not saying this is necessarily Galston and Kamarck's fault) to either-or arguments about "moving to the center" versus "exciting the base." What those arguments about are more "who should be running the national media campaign" than "whether or not we should be mobilizing." Centrist triumphalism versus left-wing triumphalism, basically.

That isn't to say that this debate is mental masturbation; but...

(2) The real problem that Democrats need to think about is how to build something more enduring than the current preoccupation with candidate-centered top-ticket campaigns.

(3) And the stumbling block to that has a lot to do with overcoming, or at least working around, the "internal contradictions" within our coalition. That doesn't mean imposing rigid purity tests; rather, it means formulating a clear, consistent message with universal appeal. One of the advantages of doing this is it could (although it could do just the opposite if pushed too far) strengthen party unity and resolve while expanding our party's appeal. I don't really particularly care what kind of "positioning" that entails, just as long as we actually take a position and stick with it.

Note, my position basically amounts to "it's not about ideology, it's about competence." I'm sure Ms. Kamarck will appreciate that.

(4) Heck if I know what THAT is, though. And that last little bit may be Utopian or worse (cue the Will Rogers reference).

Meanwhile, a must read for the blog saavy is the analysis of blog-media-candidate triangles by Peter Daou.

'STROS WIN!!! 'STROS WIN!!!

By Phillip Martin

CHIRS BURKE HITS A GAME-WINNING HOME RUN IN THE 18'TH!!! UN-BE-FREAKING-LEAVABLE!!!

Beat Atlanta to win the Division Series 3-1.

Down 6-1 in the eighth, Lance Berkman hit a grand slam to bring it to 6-5. Then, with two outs in the bottom of the ninth, catcher Brad Ausmus hit a solo shot that barely cleared the yellow line in left center. What followed was either the most amazing or most boring (depending on what you think of baseball) extra-inning game ever.

Burke's blast in the bottom of the eighteenth came after both the Braves and Astros wore each other down for eight+ innings. The game set several records for a postseason game, including most innings played (18). Obviously, ESPN will have better coverage and stuff. 'Stros face the Cardinals in the NLCS.

What a game! GO 'STROS!

Virginia Postrel on Who Runs Texas

By Jim Dallas

A composite of two posts, found Here and here:

Texas is certainly run by UT, SMU, and A&M grads, with the occasional Bush thrown in for diversity... A reader writes to correct my claim that Texas is run by UT, SMU, and A&M grads... "I was struck by the incredible difference between Dallas law firms and Houston law firms when I was interviewing for summer clerkships. Although it is generalizing somewhat, Houston is considerably more meritocratic than Dallas...As a native of San Antonio, I had absolutely no connection to either city, and I came from the lower middle class anyway * no country clubs or society balls in my background. In Houston, interviewers were consistently impressed by my academic credentials. In Dallas, I faced constant questions about my connections to the city, who I knew (no one), who my daddy knew (no one), etc. Over the course of my ten callback interviews in Dallas, I got the strong sense that those firms would have preferred an SMU/SMU resume (as long as it also had Highland Park H.S. and Highland Park C.C. on it) to my 'top-20 university/top 5% at top-10 law school' credentials."

What say you, Burnt Orange readers?

Help us Register UT

By Karl-Thomas Musselman

When: Oct. 9, Sunday, 7 pm
Meet at: South Steps of the UT Tower (by the flags)
What: As part of the Campus Alliance Against Inequality's last push to register students at UT we’re doing something that has NEVER been done before:

1. We’ll be putting up fliers all over campus AND
2. We’ll be distributing over 6,000 voter registration cards in every dorm on campus!

But to do that we need your help! We need 50 good people to help us in this last-ditch effort to get as many UT students registered as possible! So if you can help, please RSVP to Marti ASAP!

Texas Juggernaut Rolls Over OU 45-12

By Damon McCullar

When the smoke cleared from the Red River Shootout, Texas was triumphant. The last hurdle we have to clear on the road back to Pasadena is the Big 12 Championship. The horns played a pretty clean game this go around. Looks like the team has finally gotten used to one another and used to playing. Should be nothing but smooth sailing from here on out.

In the Big 12, Tech beat Nebraska 34-31, Kansas State bested Kansas 12-3, Baylor was triumphant over Iowa State 23-13, Mizzou topped Oklahoma State 38-31, and Colorado knocked off A&M 31 to 6

The Midshipmen of Navy squeaked one out over Air Force late in the 4th quarter. The final score was 27-24. The Midshipmen are still in the running for the Commander-in-Chief Cup. A win over Army at Thanksgiving will could mean at least the third year running that Navy had taken the Commander-In-Chief Cup. Go Navy, Beat Army!

Corruption in Congress Continues

By John Courage

Yesterday I was disappointed to hear that once again the Republican leadership in Congress has let the American people down. Once again the Republican leadership has chosen to twist the rules of Congress in order to enrich their friends in the Energy Industry rather than do the right thing.

Time and time again the DeLay controlled Republican leadership has twisted, and manipulated, and broken the rules of procedures of the House of Representatives for their own partisan purposes, to reward their well heeled friends and supporters.

Today’s so called 'energy bill' provides huge windfall tax breaks to an energy industry that is experiencing soaring profits while Americans are experiencing skyrocketing gasoline, natural gas and heating oil prices.

Today after calling for a vote on the "Gasoline for America's Security Act of 2005," the leadership held the vote closing 45 minutes beyond the appointed time in order to twist the arms of Congressman who had originally voted against the bill. The Bill actually failed 209 - 213 but the Republican leaders would not close the voting till they changed 3 votes to create enough votes to pass the bill.

"The antics of right-wingers on the House floor today mirrored their previous strong-arm tactics in passing CAFTA and prescription drug legislation - bills that, like today's, favored large corporations. In July 2005, the House passed CAFTA with a slim two-vote margin after holding the vote open for an hour and 45 minutes. In November 2003, in the dead of night, the House leadership passed the Medicare prescription drug vote by five votes after holding the vote open for three hours." as noted in Thinkprogress.org.

This shameless exhibition of Republican corruption of the rules and procedures of the U.S. House of Representatives totally belies the claim Republicans make of partisanship on the part of Democrats.

At times like these Congress needs Courage!

John

Friedman Campaign On Life Support

By Damon McCullar

The Friedman campaign, who boasted 300k in contributions, today laid off most of the campaign staff as reported by the Houston Chron. My sources in the Friedman campaign have told me of an organization bloated with campaign staff. They also tell me of a campaign that is totally disorganized and ready to implode upon itself. The campaign has, as of today, laid off most of its administrative staff and has kept on its consultants and interns. According to my sources and the Houston Chronicle, the Friedman campaign has gone into survivial mode and is just trying to get on the ballot next November.

Fundraising
It would seem on the surface that Kinky was doing in well in the fundraising department. Most Kinky supporters on this blog have sited Kinky's fundraising as evidence that he is a viable candidate, and suggest that the Kinkster maybe more viable due to his fundraising. According to my sources, Kinky has not been willing to do any personal fundraising. He refuses to contact his friends to raise money or to make any phone calls to that end.

At this point, one has to ask what is Kinky doing in politics period? His only goal right now is getting on the ballot. He's so concerned at this point with saving money to get on the ballot that he can't effectively campaign on anyting other that "Why The Hell Not". It's time the Friedman Campaign woke up and realized that this is politics and not a music tour. There is real work that has to be done. Where does the Kinkster go from here?

Jason Earle Announces his Candidacy

By Katie Naranjo

This Tuesday, Oct. 11th, Jason Earle will announce his bid for House District 47 at Pease Elementary School in Austin, TX. The event will begin at 11a.m. outside the school and it will be lively. If you do not know where the school is, it is at 12th and Guadalupe downtown. See you there!

Important Info:
Jason Earle District 47 Announcement
10 a.m.
Pease Elementary School (12th and Guad.)

Ever wake up in the morning and get the feeling the H-Chron has been taken over by Islamists?

By Jim Dallas

The H-Chron gave us a perfectly ambiguous headline on the front page today (and what a significant day it is):

Ronnie Earle and the AFL-CIO

By Jim Dallas

Basically, nobody seems to understand Texas campaign finance law today. So here's my two cents.

Besides the point about law firms made by Josh Marshall; the accusation by the Washington Times that Ronnie Earle illegally took union money is laughable - not because, as Jesse Lee claims, that it would fall under the overhead exception, because the overhead exception only applies to contributions to general-purpose PACs, and a candidate committee is a specific-purpose PAC - but rather because the "AFL-CIO" listed in the campaign reports is not, actually, the AFL-CIO. Rather, candidates often list "AFL-CIO" in their financial reporting statements as shorthand for the "Texas AFL-CIO State COPE Fund", which is a registered general-purpose PAC ("COPE" of course being an acronym for "committee on political education"), not a labor organization. This is not mere slight of hand or an accounting trick. While the Texas AFL-CIO federation and the Texas COPE fund may be affiliated (I believe they share some staffers), they don't share a bank account. They are different legal entities with different legal rights.

Presumably (and I say this simply because the great weight of common sense would demand this to be the case; I don't have the paperwork in front of me) Ronnie Earle's money came from COPE and someone listed it as "AFL-CIO". That might confuse the Washington Times and it might be politically inconvenient for Earle (although, having met this man before, I believe he'll shrug it off and do the people's business fighting the real law-breakers), but it's not any evidence of illegal contributions.

Corporations, for what it's worth, can also set up and fund the administration of PACs. Provided union dues or employee exactions are not used to fund the PAC, the PAC can legally contribute to just about anybody it wants. See Texas Election Code § 253.100.

Nonetheless, I am not so enamored with the majesty of the law to recognize that this hit is designed solely to convince the easily-led that Earle (and Democrats) are somehow hypocritical. This follows the first rule of Texas politics: when at first you don't succeed (although, to be sure, I imagine DeLay and company may have at least one non-frivolous legal argument that may result in acquittal - and no, DeGuerin's silly "the statute didn't criminalize conspiracy" argument does not count), resort to character assassination.

Addendum: I would be remiss to note that COPE contributions are voluntary (see this AFT COPE explainer). Think of it this way. Suppose you work at Acme Co., world-class manufacturer of such rarities as rocket-powered roller skates and dehydrated water. Your co-workers decide to form a bowling team. True - you might refer to yourself as the "Acme Co. Bowling Team" and on the league schedule y'all might be referred to as "Acme Co.", but legally speaking no one would confuse your bowling team with Acme Corporation, the multi-billion dollar industrial giant who employees you. COPE-style labor PACs and similar corporate PACs are the political analogue.

Some Poll Numbers

By Karl-Thomas Musselman

Anyone else find it amusing that in the latest CBS poll Bush is now tied with the gas/oil crisis as the US's Most Important Problem, one point above Terrorism?

Bush, a bigger problem than Terrorism...

His new approval? 37/58
Right/Wrong Track? 26/69

How low can you go? How low can you go...

(Oh and gays who have been celibate for 3 years may soon be able to become Catholic priests according to leaked reports from the Vatican.) (PD)

Where To See Your 2006 Democratic Hopefuls This Week

By Damon McCullar

It's time for this week's installment of Where To See Your 2006 Democratic Hopefuls! This post has gotten long due to the number of candidates in the field. Use the extended entry to see what's going on this week and who is running for what! If anyone has any leads on candidates or knows of someone I'm leaving out, please email me or leave a comment.

Barbara Radnofsky
Barbara is running for Senate against Kay Bailey Hutchinson.

October 6, 11:30-1 p.m. reception and fundraising event, Fort Worth Club,
306 West 7th Street, Fort Worth, TX 76102, Contact: 817.882.8184

October 7, 6:00-8 p.m., Executive Women's Roundtable, 6422 Orchid Lane,
Dallas, TX, 75230 (off of Tibbs Street), BAR will speak.

October 8, 6:00-10:00 p.m., Donkey Fest, Denton County Rally, 806 Stowe
Lane, Lakewood Village, TX, 75068, Contact: 972.292.1838. Campaign
representative will attend.

October 9, 7:00-9:00 p.m., Lubbock House Party, Contact: 806.535.7418,
Barbara will do a call-in to the party.

October 11, 5:30-6:30 p.m., Democratic Club of Washington County, Blinn
College, Olney, TX, Contact: 979-451-9158, BAR will speak.

Chris Bell
Chris Bell is a former US Congressman who is seeking the Democratic nomination for Governor.

Chris Bell is proud to be a featured guest as the Denton County Democratic Party presents DonkeyFest 2005 on Saturday, September 8. This fundraiser for the DCDP runs from 5 PM to 9 PM and will be hosted by Mary Begis, 806 Stowe Lane in Lakewood Village.

The event costs $25 per person, and $5 for kids under 6. All attendees are encouraged to bring a blanket or lawn chairs to enjoy entertainment from the String Theory Band, Phil & Elizabeth France, and Members of The Dallas Opera And Dallas Symphony Chorus.

For more information, or if you need transportation to this event, call 940.566.1165.

Chris will be in Brenham on October 11 to speak to a meeting of the Washington County Democratic Club. The meeting starts at 5:30 PM and is being held in the Blinn College Student Center on Blinn's Brenham campus.

For more information, contact Duane Olney at 979-836-9354.

Chris will be speaking at the University of St. Thomas in Houston on Thursday, October 13 at 12:30 PM. The event is being sponsored by the St. Thomas More Political Science Club and is open to all students.

Chris's speech will take place at 12:30 pm in the Crooker Center's Ahern Room.

A Q&A session will follow at the Political & Social Science House.

A campus map is available here.

For further information, contact Cameron Waldner at moreposc@stthom.edu.

Felix Alvarado
Felix Alvarado is seeking the Democratic nomination for Governor.

Felix Alvarado is scheduled to appear October 10th at Donkey Fest in Denton.

Maria Alvarado is running for Lt. Governor.

David Van Os
David Van Os is running for Attorney General.

October 6 – Will speak at St. Mary’s University Law School in San Antonio; Alumni Room, Sarita Kennedy East Law Library; meet-and-greet & question-and-answer included; 11:00 a.m. – 12 noon; sponsored by Employment and Labor Law Association

October 7 – House Party at the home of Elinor Johansen, 2514 Glenwood Lane, Denton; 7:00 p.m.; RSVP Elinor 940-390-382-2352 OR Martha 940-390-6245

October 8 – Will speak at Denton County Democrats’ Donkey Fest; other featured speakers include Chris Bell and a spokesman for Barbara Radnofsky; Home of Mary Begis, 806 Stowe Lane, Lakewood Village TX 75068; $25 per person/$5 for children under 6; Food & sprits! Please bring a lawn chair or blanket. For transportation, call 940-566-1165. Entertainment by: String Theory Band and members of The Dallas Opera and Dallas Symphony Chorus

October 12 – Guest Speaker, Hill Country Democratic Women; 12 noon, at the Gathering Place, Spring Branch; Contact: Sandi Root, 830-980-7776

October 15 – Speaker (among other speakers), Lone Star Democratic Club of Montgomery County Grand Opening; more details to be announced

October 16 – House Party, home of Victor and Wendy Milton, 10721 Timberwagon Circle, in Grogans Mill, The Woodlands; 2-4 p.m.; RSVP to wmaceo@houston.rr.com or call 281-292-0021. The more the merrier!

Hank Gilbert
Hank Gilbert is running for Ag Commissioner

David Harris
David Harris is running for Congress in CD-06.

The Follow Me To DC campaign continues block walking on the 9th and 10th. On October 11th, David will be attending a meeting of the Metroplex Democrats http://www.metroplexdemocrats.com/ in Arlington. On the 14th - 16th, David will be coaching the UTA ROTC team in the annual Ranger Challenge Competition on Camp Bullis in San Antonio.

Shane Sklar
Shane Sklar is running for Congress in CD-14.

John Courage
John Courage is running for Congress in the CD-21.

Saturday, October 8th - San Antonio
John will attend the Bexar County Tejano Democrats Meeting
9:30 a.m.
Mario's Restaurant - Fredericksburg Road
San Antonio, Texas

Saturday, October 8th - Austin
John will have a booth and will be meeting and greeting people at the
Second Annual - Oak Hill Cruise 'n' Blues Festival
Noon - 7 p.m.
Southwest Hills Community Church grounds
7416 Hwy 71 West 78735

Sunday, October 9 - Wimberly
John will be speaking at the WimDems' Rally Day event
Between 3:00 to 5:00 p.m.
At the Senior Citizens Center in Wimberley.

Wednesday, October 12th
John will attend the San Marcos Area Democrats monthly meeting
5:30-8:30 p.m.
At the Stonebrook Community Ctr.
300 S. Stagecoach Trail in San Marcos

Nick Lampson
Nick Lampson is running against Tom DeLay for Congress in CD-22.

Henry Cuellar
Henry Cuellar is running for re-election to Congress in the CD-28.

Richard Raymond
Raymond Rodrigez is running for election to Congress in the CD-28.

Ciro Rodrigez
Ciro Rodrigez is running for Congress in the CD-28.

Mary-Beth Harrell
Mary-Beth Harrell is running for Congress in the CD-31.

Mary Beth's Official Campaign Kick-Off and Announcement will be held on Oct. 11, 2005. You can meet the candidate at both events. Join us at the Killeen Civic and Conference from 11:30 am to 1:30 pm. Refreshments and Food will be served. Then we'll be in Round Rock at the Louisiana Longhorn Cafe on Main Street. More refreshments and food will be served. A good time will be had by all.

Kirk Watson
Kirk Watson is running for Texas Senate District 14.

Jason Earle is seeking the nomination for State Representative in District 47

Media Campaign Announcement (convenient for students)
-- Pease Elementary - 1106 Rio Grande
-- 10am Tuesday, October 11

District Campaign Announcement (free tamales and queso)
-- Rosie's Tamale House - 13436 W Hwy 71
-- 6-8pm Tuesday, October 11

Andy Brown
Andy Brown is seeking the nomination for State Representative in District 48.

Andy Brown will be blockwalking this weekend. Come meet Andy, talk to West Austin voters, and work on your tan! Contact Marc at 636-4345 or at marc@voteandy.com for more information.

Donna Howard

Donna Howard is seeking the nomination for State Representative in District 48.

Dan Barrett
Dan is runing for State Representative in District 97.

Paula Hightower-Pierson
Paula is running for Texas House District 93.

Judge Jim Coronado (site under construction)

Diane Henson
Diane is running for the Third Court of Appeals, Place 3

Bree Buchanan
Bree is running for the Third Court of Appeals.

Mina Brees
Mina is running for the Third Court of Appeals.

Charles Baird
Charles is running for the 299th district court here in Austin. Let's get behind him and Keep Austin Blue.

Charlie is having a fundraiser on Thursday, 10/13, at 5:30 at Saengerrunde Hall, 1607 San Jacinto Blvd, Austin. Special guest Richard "Racehorse" Haynes and State Rep Dawnna Dukes as mistress of ceremonies. Suggested contributions $35.00 but everyone is welcome. Sponsorships available. Contact Nancy Williams at Nnwilliams@aol.com for more info.

An Editorial Response to Royal Masset

By Phillip Martin

"No amount of hot air from any politician or political operative can damage the strength and character of our state. What can hurt Texas, however, are Legislators that do not put the best interests of the people of Texas first."

As has already been posted here, Royal Masset, the Republican consultant, wrote a piece for Quorum Report's R&D department claiming that the TRMPAC money had zero influence on the 2002 Texas House elections.

First of all, someone wanted that money to go to the campaigns, so someone thought it was important. Secondly, the investigation into TRMPAC revolves around the illegal use of corporate money, not its influence on the 2002 elections. Finally, the TRMPAC money was intended to influence and persuade Republican candidates to vote for Tom Craddick for Speaker and Tom Delay’s congressional redistricting plan – and that, in and of itself, is what is potentially harmful to Texas.

The crux of Masset's argument is that TRMPAC only donated money late in the campaign, when it couldn't have paid for any influential GOTV material. By insisting that the timing of the money renders the donations mute, he chooses to ignore that campaigns often aren't able to pay for all of their GOTV costs upfront. For example, consultants who produce mail pieces early on in the campaign often aren't fully reimbursed for their services until the end of the election season. Furthermore, purchasing additional yard signs, fliers, or even hiring block-walkers are all costs that increase at the tail-end of a campaign, and it is outright impossible to calculate the influence such expenditures may have on an electorate.

The question, however, is not whether or not the TRMPAC money influenced the elections; it's whether or not the money was legally donated. Masset's defense that the money had no bearing on the outcome of elections does not permit illegal corporate donations. Illegal money is still illegal, no matter the consequences of its use. That’s the case Ronnie Earle is making.

The point that Democrats and Independents continue to make, however, is different, because we’re holding Delay to a higher standard – a standard voters in Texas and across the country should be able to expect of their elected officials. Our point is that TRMPAC invested in a Legislature that would vote favorably for those special interests that had donated to TRMPAC. That's a tremendous distinction, and one Masset chooses, quite shrewdly, to ignore.

And that, in truth, is the real crime of Tom Delay. He wanted to buy votes in the Texas Legislature. Delay insisted that money be spent on those 2002 Texas House races in order to curry favor with those candidates and guarantee that Texans would elect a Legislature that voted for the congressional redistricting plan he wanted. Delay has said as much himself, and for Masset to say otherwise is absurd.

Delay may or may not go to trial for the illegal use of money, but the court of public opinion is already judging him for his intent to use money to persuade and influence Republican candidates.

Yet, given that the "time" component of his argument is pure farce, and that the investigations into Delay are about whether or not money was spent illegally -- not how the money affected the House races -- most of Masset's argument is hollow. What is left in his argument is a shallow, fear-provoking statement that if we "cease to believe in the basic fairness and goodness of Texas," Texas will die.

With this statement, Masset shows his true colors. If anyone thinks that this sounds eerily like, "if you don't support us, the terrorists will win," you're not alone. Masset uses fear-provoking rhetoric when he can’t win his argument with facts and logic. Anyone surprised?

The truth is that no amount of hot air from any politician or political operative can damage the strength and character of our state. Texas cannot be hurt by word alone.

What can hurt Texas, however, are Legislators that do not put the best interests of the people of Texas first. What can hurt Texas are votes that raise premiums on our already skyrocketing insurance. What can hurt Texas are votes that aim to restrict educational opportunities to the children of Texas, or votes that raise taxes on 90% of Texans. What can hurt Texas are votes that deny every Texan a fair voice in the democratic process -- votes that are bought and paid for by the illegal support of special interests.

The campaigns that TRMPAC donated to all were candidates that cast votes that hurt the people of Texas. That may not be illegal in the court room, but it is a crime against the interests of Texas citizens.

Will Rove Be Convicted Of Violating Texas Election Laws? I Think Not...

By Vince Leibowitz

"The term 'residence' is an elastic one and is extremely difficult to define. The meaning that must be given to it depends upon the circumstances surrounding the person involved and largely depends upon the present intention of the individual. Volition, intention and action are all elements to be considered in determining where a person resides and such elements are equally pertinent in denoting the permanent residence or domicile." Mills v. Bartlett, 377 S.W.2d 636 (Before the Supreme Court of Texas, 1964)

John's post on charges being filed against Karl Rove concerning his voter registration status inspired me to want to talk about why interpretation of Texas election law is...well, subject to even more interpretation.

I, as much as the next Democrat, would love to see Rove popped for his voter registration indescretion. However, I don't think it's likely to happen.

The quote from the case above is one nearly everyone who deals with residency issues relating to election laws is familiar with, or should be familiar with. Mills vs. Bartlett is actually a case that came straight out of my county--Van Zandt--back in 1964. And, in the decades since, it's been cited time and time again by politicians on both sides of the aisle with regard to why someone can or cannot claim residence for purposes of running for office (though, in the case of Rove, it has to deal with voting).

Since the case is literally the stuff of which legends are made where I come from, I've heard a lot of "versions" of what happened with regard to Bob Bartlett's fateful night in Van Zandt County that ultimately led to him becoming District Attorney. The legends live on as there are a lot of Bartlett relatives around and the son of the other party is also still around as a practicing attorney.

Nevertheless, that's not as relevant as what the case says, which, essentially, is that residence is elastic and has a lot to do with your "intent" in cases where it otherwise might be in dispute. I've actually quoted both the majority opinion and dissent here because I thought many of you might like to read them, especially given the propensity of election disputes in this state.

Though I personally agree more with the dissent than the majority opinion (and, believe me, I could be shot for saying that here in my neck of the woods), you can rest assured that whatever attorneys in the DA's office perform intake on the case involving Rove will come across this case in their research (if nothing else, this is just a plain fun read):

From Van Zandt County, Twelfth District

CASE SUMMARY

PROCEDURAL POSTURE: Petitioner sought review of a ruling from the Court of Civil Appeals (Texas), which affirmed the district court's order denying petitioner's request for an injunction to restrain a county's Democratic Executive committee from placing the name of respondent on the Democratic ballot as a candidate for county attorney and criminal district attorney for Van Zandt County.

OVERVIEW: Around October 15, 1963, respondent was in Van Zandt County, in which he entered into an agreement with the county attorney that they would form a partnership for the practice of civil law in the county, that respondent would return to the county upon receiving his law degree, and that upon respondent's return, he would be appointed assistant county attorney. In December 1963, after respondent received his law degree, he returned to Van Zandt County, was appointed assistant county attorney, and entered into the practice. Petitioner sought an injunction to restrain Van Zandt County's Democratic Executive committee from placing respondent's name on the Democratic ballot as a candidate for county attorney and criminal district attorney because respondent failed to meet the residential requirements of the Election Code. The trial court denied the injunction, and the court of civil appeals affirmed. Petitioner sought review. The court affirmed. The court could not find as a matter of law that respondent did not become a resident because it had found evidence of a combined volition, intention, and action with regards to respondent's residence.

OUTCOME: The court affirmed the order denying the injunction because the court could not find as a matter of law that respondent did not become a resident in contemplation of statutory law in Van Zandt County in October 1963.

OPINIONBY: Frank P. Culver, Jr., Associate Justice

OPINION: This suit is brought by petitioner, J. Alton Mills, himself a candidate for the office of County and Criminal District Attorney of Van Zandt County, praying for an injunction to restrain the Democratic Executive Committee of that county from placing the name of the respondent, Robert Franklin Bartlett, on the Democratic ballot as a candidate for County Attorney and Criminal District Attorney for Van Zandt County. He alleged that Bartlett does not meet the residential requirements of Art. 1.05 of the Election Code, as amended by the 58th Legislature, for a candidate for this office at the Democratic Primary May 2, 1964, namely, that to be eligible the candidate shall have resided in the county for six months next preceding the date of the Primary. The district court denied the injunction, impliedly holding that Bartlett did fulfill the statutory requirement. The Court of Civil Appeals affirmed by a divided court. S.W. 2d . We hold that there is probative evidence to sustain the implied finding of the trial court.

Bartlett is a single man 27 years of age and for the last few years has been a student in Baylor University at Waco. Prior thereto he resided with his parents in Marshall, Texas. He took the examination for admission to practice law early in October of 1963. About the 15th of that month he went to Canton in Van Zandt County and entered into an agreement with Mr. Grisham, the County Attorney, that they would form a partnership for the practice of civil law in Van Zandt County; that he would return to Canton as soon as he had gotten his law degree from Baylor University and at that time would also be appointed Assistant County Attorney. Bartlett declared then and there that it was his intention to become a resident of Van Zandt County. He spent the night in a nearby town outside of that county but the next day returned and again discussed these matters with Mr. Grisham. Back at Waco he told his roommates that he had chosen Van Zandt County as his place of residence. He then informed an attorney in Marshall, with whom he had contemplated associating himself in the practice, of his plans and that Van Zandt County was now his place of residence. He received his degree from the law school in November and was sworn in as an attorney shortly thereafter. He then returned to Van Zandt County on December 16, 1963, was appointed Assistant County Attorney for Van Zandt County and entered into the practice.

Article 5.08 of the Election Code provides that the residence of a single man is where he usually sleeps at night but if he is a student at a college or university then, unless he has become a bona fide resident of the county in which he is a student, his residence shall be construed to be where his home was before he became a student.

It is not contended that Bartlett ever became a resident of Waco where he attended college. His residence, therefore, is either in Marshall, Harrison County, or Van Zandt County.

The term "residence" is an elastic one and is extremely difficult to define. The meaning that must be given to it depends upon the circumstances surrounding the person involved and largely depends upon the present intention of the individual. Volition, intention and action are all elements to be considered in determining where a person resides and such elements are equally pertinent in denoting the permanent residence or domicile. Owens v. Stovall, 64 S.W. 2d 360, writ refused; Prince v. Inman, Tex. Civ. [**4] App., 280 S.W. 2d 779, no writ history; In re Garneau, 127 F. 677, 679.

Petitioner contends that one's residence cannot be determined by intention alone. With this we agree, but Bartlett's residence is not being determined solely by his intentions. He not only went to Van Zandt County but while there entered into a binding contract of law partnership as well as of employment with Mr. Grisham as Assistant County Attorney and to all intentions and purposes decided and declared that Van Zandt County would be the county of his residence from that time forward. Neither bodily presence alone nor intention alone will suffice to create the residence, but when the two coincide at that moment the residence is fixed and determined. There is no specific length of time for the bodily presence to continue. Here there was combined volition, intention and action. When Bartlett left Canton it was for a temporary absence with a fixed intention to return.

In Linger v. Balfour, Tex. Civ. App., 149 S.W. 795, no writ history, the question was raised as to whether Atkinson, a single man, had resided in Oldham County for the last preceding six months preceding the election so as to qualify him as a voter. He was a native of Milam County and a student. During vacation time he came to Vega and declared his intention of becoming a resident of that community. After a short stay he went to the University at Austin and was enrolled in the law department. At the time of the general election he returned to Vega for the purpose of voting. The Court of Civil Appeals went so far as to hold that even under those circumstances he was a resident of Oldham County and qualified to vote.

On May 2nd next Bartlett will have been actually present and living in Van Zandt County continuously for more than four and one-half months. Once the residence is established in Van Zandt County Bartlett's temporary absence of a few weeks for the purpose of finishing his law course and obtaining his degree at Baylor would be immaterial.

The statutes make a similar requirement for the maintenance of a divorce action in that a petitioner shall have resided in the county for six months next preceding the filing of a suit. Art. 4631. But temporary absence from that county during the six months preceding will not affect the right to maintain the suit. Haymond v. Haymond, 74 Tex. 414, 12 S.W. 90. The Courts of Civil Appeals have almost unanimously so held. Gallagher v. Die, Tex. Civ. App., 260 S.W. 2d 128; Black v. Black, Tex. Civ. App., 185 S.W. 2d 476; Fox v. Fox, Tex. Civ. App., 179 S.W. 883; Snyder v. Snyder, Tex. Civ. App., 279 S.W. 897; Therwhanger v. Therwhanger, Tex. Civ. App., 175 S.W. 2d 704; Meyer v. Meyer, Tex. Civ. App., 361 S.W. 2d 935.

The facts are undisputed. Bartlett himself was the only witness. The trial court had the right to draw inferences from the undisputed facts. Commercial Standard Insurance Co. v. Davis, 134 Tex. 487, 137 S.W. 2d 1. We are unable to say as a matter of law that Bartlett did not become a resident in contemplation of the statute in Van Zandt County in October of 1963.

The judgment of the trial court and that of the Court of Civil Appeals are therefore affirmed.

Chief Justice Calvert and Associate Justices Walker, Norvell and Greenhill dissenting.

DISSENTBY: Joe Greenhill, Associate Justice

DISSENT: Whatever the word "resident" may mean under other circumstances, the litigants here do not question the power of the Legislature to define "resident" as it applies as a qualification for the office of county attorney. It has said in Article 322 that, as a qualification, the county attorney "shall reside" in the county. It has also prescribed in Article 1.05 of the Election Code that no person shall be eligible to be a candidate for, or elected to, the office of county attorney unless he "shall have resided" in the county for a period of six months next preceding the date of any primary or election.

In defining "residence" in Article 5.08 of the Election Code, the Legislature has stated that "The 'residence' of a single man is where he usually sleeps at night." Robert Bartlett, the respondent, was an adult single man. He concedes that he never spent the night in Van Zandt County until some 4-1/2 months prior to the date of the primary.

Bartlett was also a student. Article 5.08 also establishes, in law, the residence of a student. It says that the residence of a student "shall be construed to be where his home was before he became" a student, "unless he has become a bona fide resident in the place where he... is such student..."

Bartlett's home before he became a student at Baylor was in Marshall, Texas. He says he did not become a bona fide resident of Waco, McLennan County, and that point is not questioned.

So under the plain provisions of the Election Code, Bartlett was not, while he was a student, a resident of Van Zandt County.

Notwithstanding the statute's plain provision that a student's residence "shall be construed to be" at one place, the majority of the Court has construed that it should be elsewhere.

The Legislature has allowed one exception: the statute has said a student's residence may be at the place where the school or college is "if he has become a bona fide resident in [such] place." If a bona fide residence is required at the location of the school or college, it would be consistent with legislative intent (assuming the Court can find residence for purposes of election at places other than prescribed by the statute) to hold that the student must have become a bona fide resident of some other community.

If we go outside the statute, certainly it was the intent of the Legislature that candidates for public office be members of the community in which they will hold office. If the residence requirement has any real meaning, it must be that the candidate shall have lived among the people and in the community and have become acquainted with their problems and their needs. And the Legislature has said that the candidate must have resided in the community for [at least] six months prior to the election.

So it is my view that to be eligible for the office, the candidate must have become a member of the community and remained so for six months. It is understandable that reasonable minds can and often will differ as to the minimum acts and conduct necessary to meet the legal requirements of becoming a resident or becoming a member of the community; and in many situations, this will be an issue of fact. But just going to a community for a few hours on two days and entering into what I regard as a tentative contract of employment is not as a matter of law enough.

The Statement of Facts does not disclose how many hours Bartlett spent in Canton, Van Zandt County. It would seem to be fair to say that he was there a few hours one evening and a few hours the following morning. In between time, he drove to Tyler, Smith County, some 37 miles distant [referred to as "a nearby town" in the majority opinion] to spend the night.

The majority bolsters its opinion by pointing out that Bartlett actually lived in Van Zandt County [became a member of the community] for 4-1/2 months. The trouble is that the statute requires residence for six months. The question here is, when did he begin to reside in Van Zandt County? I would say when he moved to Van Zandt County, rented a room, and began the practice of law. He then became a member of the community he wished to serve. The majority says he began to live in Van Zandt County [became a resident] when he visited the city and made his tentative agreement of employment. If this is so, his residence for purposes of elections became fixed at that time; and under the logic of their view, he was eligible to go on the ticket at the election if he had never returned to Van Zandt, assuming he had not visited some other place during some other day and established his residence elsewhere. This, it is submitted, is not the legislative intent.

There are a number of cases supporting this view. They are set out in the able dissenting opinion of the Court of Civil Appeals, S.W.2d at , and need not be repeated here.

This opinion is not intended to cast any reflection on Mr. Bartlett. He is probably a fine person, and assuming his election, it is hoped that he will make an able County Attorney. But, in my opinion, he simply cannot have resided in Van Zandt County for six months next preceding the primary election on May 2nd, and hence he is not eligible to have his name placed on the ballot.

Chief Justice Calvert and Associate Justices Walker and Norvell join in this dissent.

Great Moments in Texas History

By Jim Dallas

OK, so by now you've read here and here that a Zogby Interactive poll shows that Governor Perry ain't looking so hot, and the Bell campaign is spinning it (and I mean this in the nicest way possible) as a sign that Chris Bell can win. Frankly, I don't need no signs, and since I'm pretty securely set in my preference for Bell, I can sort of look at this as a spectator (after all, spin is aimed at you people).

Yes, it's true, this is good news for Bell, but contrary to assessments by others, I'm actually more impressed by Kinky Friedman pulling 18 percent in the poll. Let's be clear about this - if that translates into votes on Election Day, that would give Friedman the best showing for an independent in a statewide election (or atleast that top-ish part of the ticket I am aware of) since Ross Perot ran for President in 1992. It's only once in a blue moon that you see an independent polling in the double-digits. If the Zogby poll is a true and fair representation of the electorate, then the real "we can win" energy ought to be coming from the Kinky camp (in a sort of man-bites-dog way). That I'm not seeing this (maybe it's there; I'm just not seeing it) tends to make me wonder about the accuracy of the poll. Nonetheless, Kinky Friedman is clearly electable; after all, in the not-to-distant-past, we elected "Pass the Biscuits, Pappy" O'Daniel. Flash forward about 70 years and it's not too hard to imagine Kinky "Get your biscuits in the oven and your buns in the bed" Friedman. Though, granted, I sincerely doubt Friedman would do something truly O'Daniel-esque crazy, like appoint numbskulls to the UT Board of Regents (and yes, this is yet another t-sipping tribute to the genius and greatness of Homer Rainey).

Of course this all serves as an excuse to relate an anecdote I just read on the Internet, to wit: that much of what we call Western Swing exists today because of Pappy O'Daniel's megalomania. True, I knew O'Daniel was a singer. I just didn't know he worked with Bob Wills; moreover, that the legendary Texas Playboys were formed after Wills and O'Daniel had a falling out over management style. The rest is history: After all, O'Daniel got to be governor, and Bob Wills is still the king.

This serves as a lesson to remind us all that even in the mundane, the cheap, or the tacky, there can still be great talent. (Also, a couple of free mp3 downloads.)

Rove Under Fire Yet Again

By John Pruett

Frances Lovett, a 15 year resident and registered voter in Kerr County, filed a formal complaint today with the Kerr District Attorney over presidential advisor Karl Rove's voter registration status. This new complaint comes one month after the Texas Secretary of State's office determined that Citizens for Responsibility and Ethics in Washington (CREW) could not submit a similar complaint. Under Texas law, the complaint must be filed with the county by a resident.

Ms. Lovett and CREW argue that Rove cannot be legally registered as a voter in Kerr County since he does not legitimately reside there. CREW's press release issued today states:

County property records show that Mr. Rove and his wife have owned two tiny rental cottages in Kerr County since 1997, the largest of which is only 814 feet and is valued by the county at $25,000. In contrast, the Roves’ Washington, D.C. home is valued at over $1.1 million.

CREW's initial filing arose from questions surrounding Rove's claim for homestead tax exemptions and property tax cap on his Washington, DC. home while claiming similar exemptions on his property in Texas. Elizabeth Reyes, an attorney with the Texas Secretary of State's office was later fired after "violating press protocols" when she spoke about the issue with the Washington Post.

Lovett's formal complaint calls for an investigation and for Rove's subsequent conviction. I'm sure that I'm more excited about the prospect than Rove is right now, especially since he's potentially facing charges for the Plame affair. It's unfortunate though that Rove's violation of Texas election law only counts as a Class B misdemeanor. Either way, Bush would probably whip out a pardon before he let his buddy face punishment.

Afternoon Humor

By Karl-Thomas Musselman

It's not often that a Quorum Report story makes me laugh, but oh boy, this afternoon was great. Republican consultant, Royal Masset goes off on a claim that TRMPAC wasn't responsible for winning even a single House seat in the Texas Lege.

"Say something often enough and people will believe it, even if not true says regular contributor Royal Masset" the banner screamed as I thought, yeah, Denial is more than a river in Egypt. The money quote...

I do deny that. Dick DeGuerin is wrong. Tom DeLay and TRMPAC had no impact on the 2002 State House elections. Their efforts won 0 State Rep seats. None. Zero. Nada. Zip. If TRMPAC did not exist the Republicans would have won the same 88 seats.

... But I think it is very important that the truth be told here. The notion that Texas' legislature can be bought is a lie.

Let me pick myself back up off of the floor. The lege can't be bought? Hahaha. Good one. I find it really hard to believe that a Republican PAC, run by people who see politics like business, would spend money that has no effect on house races. It flies in the face of Republican Political Economics.

Let me know where I should send Royal Masset's invitation to join the Reality Based Community.

Bilingual Blogs / Blogs Bilingüe

By Phillip Martin

¿Están listos para el Reporte Ánaranjado Quemado en Español?

I found this story in the Houston Chronicle about the future of bilingual blogs, and I thought it was interesting:

VOY, a media company that targets the growing Spanish-language market, has launched a service that allows users to create free blogs in Spanish and English.

VOY Blogs will allow users to choose their own domain name, personalize the design and reach the expanding global Latino market, said Fernando Espuelas, VOY chief executive.

"VOY Blogs is the next frontier in this ongoing global conversation and we are excited to be at the forefront again, this time by providing Latino bloggers around the globe with a platform to create unique communities and express their ideas," Espuelas said.

SDEC Seat Open in SD 24

By Karl-Thomas Musselman

Senate District 24, out of which I was elected a delegate to the Democratic National Convention last year, has an open SDEC seat. Kirsten Hancock who is moving up to DC has submitted a letter announcing her resignation as Committeewoman. (full text in extended entry, selected text below)

I ask you to share my status and reason for resigning with the SDEC at the October 15th meeting, take nominations from the floor and fill my vacancy as soon as possible. When a replacement is named, I will move my voting registration to my new permanent DC address.

On a personal note, if I could say something to the SDEC and the Texas Democratic Party, it would be this. I believe Texas can elect statewide Democrats again... I earnestly believe Texas needs to recruit and support other young activists to survive. Nurture them and raise them to be leaders when you are gone or unable to do as much.

...

The Texas Democratic Party raised me from a scrappy, idealistic kid who typed data, licked stamps, stuffed envelopes, walked blocks, phoned voters, passed out stickers and palm cards, drove circuits on election day and organized, organized, organized into a savvy, young political operative who needs to spread her wings and help the Democratic party in other ways now that she’s grown up.

My friends and I gathered at Texas A&M during the Young Conservatives of Texas’ State Convention in January 1994 to form the College Democrats of Texas. We had an idealistic vision of youthful leadership and inspiration for the Texas Democratic Party. We believed that one day we would be in our thirties and run for office, that there would be momentum and spirit behind our campaigns. Ann Marie Schroeder, Angela Brewer & Christine Asbury were part of that nucleus of leadership eleven years ago.

They are still around and serve on the SDEC, but where did our friends and fellow young activists go? I daresay most of them did not stay involved because there was not a seat at the table for them and because the old guard was not willing to listen to new ideas or mentor them into the next generation of fundraisers, candidates and party leaders.

Kirsten served as Texas' youngest SDEC member after being elected without opposition from the SD24 caucus at the State Convention in Houston last June.

October 1, 2005

Dear Chairman Soechting,

As you know, I resigned from Abilene Independent School District July 13, 2005, after teaching 8th grade U.S. History for two years. On August 1, I began working as Arkansas’ Senior Regional Organizer for Wal-Mart Watch’s Higher Expectations Week, November 13-19. My contract with the Center for Community and Corporate Ethics/5 Stones expires December 31, 2005.

When I left Abilene to go to Washington, DC, I maintained my residence at 1549 Woodard, Abilene, TX 79605 with the intention of coming back to Abilene and continuing to serve as Committeewoman for Senate District 24. However, as I look towards my own future and what I can contribute to the Democratic Party and its’ ideals, I believe I can best serve and be true to myself by remaining in Washington, DC or working in full time politics outside of Texas State Senate District 24.

For the past two months, I communicated with my county chairs and Democrats in SD 24 to keep them informed of my status. I relied on former Committeewoman T.J. Mabrey for advice and guidance and asked activist Linda Conger to act as Committeewoman in my absence.

With sadness, I submit my resignation from SDEC, effective immediately. It has been my honor to serve as Texas’ youngest SDEC Committeewoman since June 2004 when SD 24 elected me in Houston. I pledge my continued financial and personal support of the Texas Democratic Party, as I have since my family moved to Abilene in 1981.

I ask you to share my status and reason for resigning with the SDEC at the October 15th meeting, take nominations from the floor and fill my vacancy as soon as possible. When a replacement is named, I will move my voting registration to my new permanent DC address.

On a personal note, if I could say something to the SDEC and the Texas Democratic Party, it would be this. I believe Texas can elect statewide Democrats again. I believe Texas can gain a majority in the state legislature again. I believe Texas can reclaim their Courts from Karl Rove’s claws. I believe West Texas can take back their court houses from the Republican infiltration I have witnessed my whole life, raise money and elect city council members, school board members and county commissioners. I believe Texas will recover from Tom Delay’s untimely redistricting that caused me to lose my Congressman, Charlie Stenholm, and Texas to lose 100 years of legislative experience by four amazing statesmen. I earnestly believe Texas needs to recruit and support other young activists to survive. Nurture them and raise them to be leaders when you are gone or unable to do as much.

I love many things in life. I love God, my family, my friends, traveling, reading, live music, writing poetry, watching CNN, 6th Street and looking at the Texas Capitol lit up at night. I love flying into Washington, DC and looking down on the most fantastic city in the world. But I especially love the Texas Democratic Party. For me, the Texas Democratic Party is Governor Ann Richards, Congressman Charlie Stenholm & his lovely bride Cindy, Congressman Chet Edwards, Martha Whitehead, Paul Hobby, Dan McClung, Gerry Tyson, Senator Rodney Ellis, Senator Mario Gallegos, Senator Gonzalo Barrientos, Kim Hall, Tina Oliver, the late Mae Jackson, Randy & Cathryn Fleming, Ken Bailey, Chris Bell, June Deadrick, Sue Schechter, Dalia Stokes, Donna Beth McCormick, Debbie McCall, TJ Mabrey, June Hicks, Curtis Smith, Alice Ann Wallace, Dot Larimer, Dave Haigler, Ken Mohlberg, Martha Williams, Judy Donahue, the late Billie Carr, Annise Parker, Sue Lovell and a couple of other folks I’m sure I forgot to mention.

The Texas Democratic Party raised me from a scrappy, idealistic kid who typed data, licked stamps, stuffed envelopes, walked blocks, phoned voters, passed out stickers and palm cards, drove circuits on election day and organized, organized, organized into a savvy, young political operative who needs to spread her wings and help the Democratic party in other ways now that she’s grown up.

My friends and I gathered at Texas A&M during the Young Conservatives of Texas’ State Convention in January 1994 to form the College Democrats of Texas. We had an idealistic vision of youthful leadership and inspiration for the Texas Democratic Party. We believed that one day we would be in our thirties and run for office, that there would be momentum and spirit behind our campaigns. Ann Marie Schroeder, Angela Brewer & Christine Asbury were part of that nucleus of leadership eleven years ago. They are still around and serve on the SDEC, but where did our friends and fellow young activists go? I daresay most of them did not stay involved because there was not a seat at the table for them and because the old guard was not willing to listen to new ideas or mentor them into the next generation of fundraisers, candidates and party leaders.

I respectively submit my resignation from the SDEC and look forward to helping the Texas Democratic Party for the rest of my life. May there be no more sad election nights in Texas for Democrats.

Sincerely,

Kirsten Hancock
Texas SDEC Committeewoman SD 24 2004-2005

Justice on Austin Hate Crime

By Karl-Thomas Musselman

The Statesman reported today that two of the four males involved in a hate crime against a gay man here in Austin last year have been sentenced to 6 years in prison.

Donald Bockman, 25, and Darren Gay, 22, faced up to life in prison on charges of aggravated robbery and aggravated sexual assault. When they pleaded guilty last month to aggravated assault, prosecutors recommended the 6-year sentences.

...

All four were accused of picking the victim up at Oilcan Harry's in the Warehouse District and going to his apartment in Southeast Austin, where police said they smashed a glass against his head, punched him, kicked him, whipped him with a vacuum cord and poked and prodded him with swords and daggers.

According to court documents, the group also used a sex toy to assault the man, who is not being identified because of the nature of the crime.

Roy Minton, the attorney for both Bockman and Darren Gay, said his clients attacked the victim because he attempted to make a sexual advance on Glen Gay. (Why is this always the lame excuse given in every one of these cases? -kt)

The men declined to say anything before state District Judge Brenda Kennedy sentenced them. Before they were put in handcuffs and taken to jail, the victim called the men cowards.

"You are not real men at all, merely self-righteous, self-serving cowards," he said.

Interestingly, Darren Gay (and why do these things always seem to involved some straight attacker with the last name of Gay) has a UT facebook profile where he is listed as having 7 friends at UT, a girlfriend at St. Eds, and an about me section saying "Went into the Texas Penitentiary System on October 6th for aggravated assault (6 years). But I bet I'll parole out in 3. See ya'll in 2008!!!"

If we could move towards a world of respect and tolerance for our GLBT citizens, and not attack them or their rights, maybe the world would be a nicer and safer place in which to live.

Pro-Prop 2 E-Mails Going Around

By Karl-Thomas Musselman

The following is the text of an e-mail that landed in the Houston inbox of the uncle of a college of mine in Student Government here at UT. It seems that this is electronic variation of the now infamous "The Homosexual Groups want to pass The Same Sex Marriage in Texas" flyer.

Subject: Fw: Special Election November 8, 2005---PLEASE READ

PLEASE COPY AND SEND TO YOUR ENTIRE EMAIL LIST IN TEXAS. Thank you

Don't forget that in Texas we have the November 8 special electron.

Special Election November 8, 2005

The Marriage Amendment stating that marriage in Texas is between a man and a woman passed both Houses of the Texas Legislature and will be on the ballot for a special election on November 8. The amendment, which will be listed as PROPOSITION 2 on the November 8 ballot, must be approved by a majority of Texans for this to become a part of the Texas Constitution, which would remove the issue from the jurisdiction of activist judges on the courts who have struck down Defense of Marriage Acts that other states have passed as simple bills and not as constitutional amendments.

If this were on the ballot during a regular election, there is no doubt that this would pass by a large majority. This is a special election, where the statewide vote is expected to be only 750,000 total. The passion, money and organization on the side of those who oppose Proposition 2 because they want same-sex marriage to be legal in Texas could cause this very important amendment to go down in defeat. Because Texas is the only state where this issue is on the ballot this year, same-sex marriage proponents across the nation are sending their money and volunteers to Texas to defeat Proposition 2. In one of their organizational meetings in San Antonio, the plan was disclosed to have people from other states come to Texas to register to vote 30 days before the election to defraud this election. There is no residency requirement to register to vote in Texas --you can register the day you move here.

The other side has money, a website, yard signs, bumper stickers, and paid staff in every major city and has done a major buy for advertising on TV and radio. We don't have their money or supplies, but we DO have the truth and what God says about marriage.

The church must weigh in on this election to insure that God’s standard for marriage is the law of the land.

To begin with, I've always wondered if the right wing would take a hint at the fact that if courts, in red or blue states, find DOMA laws to be unconstitutional that maybe it's a sign that, well, restricting marriage to straight people and disallowing it to millions of gay people violates the US Constitution on equal protection grounds. So where does amending the constitution end? Should every piece of legislation that gets overturned by Supreme Courts be 'fixed' by Constitutional Amendments? That's not the correct use of our founding documents.

Now there are as usual, some major errors in this piece of crap e-mail. I would wager that the statewide vote will be more than 750,000, considering twice that came out and voted on limiting lawsuits in 2003 on Prop 12. I'd expect at least a million at the polls quite honestly.

But the real kicker is that bussing in people form other states trick showing up here again. Why do they think this is happening? It's totally impractical from a GOTV standpoint as it is. Can you imagine first how hard it would be to rustle up enough homosexuals in Mississippi, Arkansas, and Oklahoma to fill the number of busloads it would take to tip the vote in Texas? Then can you imagine how much money that would cost that even the semi-funded No Nonsense campaign can't afford?

As to residency requirements, Texas has a 30 day requirement, the maximum allowable by law. Look at this chart to see that Texas remains one of 14 states that impose the maximum duration, similar to our neighboring states.

Until 1970, Texas required one year residence in the state. States justified lengthy residency requirements with arguments of fraud prevention and a promise of more knowledgeable voters, but often used them simply to disenfranchise. However, the 1970 Voting Rights Act set thirty days as the maximum permissible residency requirement in presidential elections and a 1972 U.S. Supreme Court decision (Dunn v. Blumstein, 405 U.S. 330) applied the thirty day maximum to state and local elections.

I'd like to think that our side will win because we have "money, a website, yard signs, and bumper stickers" (I don't think the right wingers want stuff stuck to their car or yard anyways) but I'm glad to hear their side thinks they lack money and supplies but will win the election because "the truth and what God says about marriage" is on their side.

So even if your faith allows for a Holy Trinity with distinct separation, God only gets to cast 3 votes of a million.

"Tone, Truth, and the Democratic Party"

By Phillip Martin

If you want to have the best ten minutes of political reading you're likely to have for some time, you should read what United States Senator Barack Obama (D-Illinois) recently posted on his website for Daily Kos.

His essay, titled "Tone, Truth, and the Democratic Party," is nothing short of inspiring. This essay, prompted by Judge Roberts' recent appointment to the Supreme Court, talks about the way Democrats and the Democratic Party can change in order to work for not just a better political party, but a better country. In his words:

There is one way, over the long haul, to guarantee the appointment of judges that are sensitive to issues of social justice, and that is to win the right to appoint them by recapturing the presidency and the Senate. And I don't believe we get there by vilifying good allies, with a lifetime record of battling for progressive causes, over one vote or position. I am convinced that, our mutual frustrations and strongly-held beliefs notwithstanding, the strategy driving much of Democratic advocacy, and the tone of much of our rhetoric, is an impediment to creating a workable progressive majority in this country.

Here are a few of my favorite parts, for those who don't have the time to read it all the way through right now:

I am not drawing a facile equivalence here between progressive advocacy groups and right-wing advocacy groups. The consequences of their ideas are vastly different. Fighting on behalf of the poor and the vulnerable is not the same as fighting for homophobia and Halliburton. But to the degree that we brook no dissent within the Democratic Party, and demand fealty to the one, "true" progressive vision for the country, we risk the very thoughtfulness and openness to new ideas that are required to move this country forward...

...The bottom line is that our job is harder than the conservatives' job. After all, it's easy to articulate a belligerent foreign policy based solely on unilateral military action, a policy that sounds tough and acts dumb; it's harder to craft a foreign policy that's tough and smart. It's easy to dismantle government safety nets; it's harder to transform those safety nets so that they work for people and can be paid for. It's easy to embrace a theological absolutism; it's harder to find the right balance between the legitimate role of faith in our lives and the demands of our civic religion. But that's our job. And I firmly believe that whenever we exaggerate or demonize, or oversimplify or overstate our case, we lose.

The entire essay can be found by clicking on either of the two links above. I encourage everyone to read this through to the end. Even if you don't agree with it or are unmoved by it at all, it's positively, absolutely, not going to be a waste of your time.

Rock Me Like A Hurricane: Houstonians give local government thumbs-up after Rita

By Jim Dallas

So the H-Chron did a poll on Rita, and reported it as front page news today.

Two weeks later, I think the most significant finding is that most Houston-area residents are amazingly content with the evacuation routine (some might say debacle). Despite concerns over the availability of gasoline and the adequacy of our roads, the respondants gave the local media an 81 percent approval (excellent-good) rating for the evacuation; a 68 percent approval (excellent-good) rating for local government's handling of the situation, generally; a 76 percent approval rating for Bill White's handling of the situation; a 64 percent approval rating for Judge Eckels' handling of the situation; a 53 percent approval rating for Governor Perry's handling of the situation; and a 68 percent approval rating for Galveston Mayor Lyda Ann Thomas's handling of the situation. The poll also suggests that most of those "in-the-know" approved of Galveston County Judge Jim Yarbrough's response.

On the other hand, FEMA and President Bush both received below-50 percent approval ratings for their responses (although Bush's excellent-good outweighed the fair-poor responses).

The respondants self-identified as 34 percent Republican, 27 percent Democratic, and 19 percent independent. The remaining 20 percent didn't know, didn't care, or wouldn't say. In my opinion, this looks like a fairly representative sample of the Houston-area electorate.

The reported margin of error is +/- 3.9 percent.

Texas Trends

By Damon McCullar

There's some interesting findings over on the Chris Bell Blog. Looks like in the last three election cycles, the incumbents' numbers in the horse race at this point in the campaign is pretty close to what they actually got.

Here's the numbers the Chris Bell folks site:

Scripps Howard Texas Poll, conducted Aug 9-28 2001
Published in the Dallas Morning News, Sept 5 2001

Perry (R) 53
Sanchez (D) 23
Undecided 24

Perry wins with 57.8%

Scripps Howard Texas Poll, conducted Oct 27-Nov 7 1997
Published in National Journal’s Hotline, Nov 17 1997

Bush (R) 68 %
Mauro (D) 16 %
Undecided 14%

Bush wins with 68.2%

Texas Poll, conducted Oct 8-16 1993
Published in the Houston Chronicle, Oct 24 1993

Richards (D) 47 %
Bush (R) 39 %
Undecided 14 %

Richards loses with 46%

So it seems that Perry is extremely vulnerable, as many, many people have stated over the last few months. Not only that but if the current trend holds, he won't be in the governor's mansion much longer.

Is Chris Bell the man for the job? He's out polling Tony Sanchez at this time four years ago and is on the rise according to Zogby's. Chris has almost halved his deficit one month after his announcement and he's got a solid message. He's considered a hero by much of the rank and file for his ethics complaint against Tom DeLay.

Is Felix Alvarado the man for the job? He's not on the map, so I can't comment either way. I know he exists and is out there running for governor, but I don't know what his platform is or what he stands for.

Is Kinky Friedman the man for the job? His numbers are steady at 18% and he doesn't seem to have much shakin'. Maybe he should get the Village Irregulars on the case of the missing momentum.

HHSC Refuses State Audit Report

By Phillip Martin

The Texas Health and Human Services Commission (HHSC) has refused a state audit report because the Commission disagreed with the report's findings. The folks over at Pinkdome have been following the story. Here's what's going on:

In 2003, the Legislature passed House Bill 2292, which consolidated and privatized many Health and Human Services agencies. That privatization has already resulted in the loss of jobs for workers and the closing of many HHS offices in smaller, rural communities.

Then, last week, the San Antonio Express-News reported that:

The $45 million in savings Texas' Health and Human Services Commission hoped to realize by privatizing its payroll and human resources operations will be far less, according to a state auditor's office report to be released next week.

The audit, a draft of which was obtained by the Express-News, said a substantial amount of the projected savings evaporated after "errors and complete data" were considered.

That version of the audit said the commission would save only $1.1 million over five years. The commission disputed that number.

The reason the HHSC privatization bill was able to pass, despite heavy criticism, was because of promises that it would save the state so much money a year. Apparently, when the independent state audit reported showed that the HHSC miscalculated and misrepresented savings to a tune of $43.9 million, the HHSC got testy:

Last year, the commission, which oversees all of the state's health and welfare services, said it was beginning its effort to privatize some services now provided by state workers as a cost-saving move.

Because the commission disagreed with the auditors' preliminary analysis that only $1.1 million would be saved, the figure was dropped from the auditors' final report, released Tuesday.

So what does all this mean? Well, it shows that these privatization companies are more concerned about increasing their profits and outsourcing than they are about actually saving the state money or providing health care services to Texans across the state. In rural areas of Texas, Health and Human Services offices are a major employer, and when you close an office you not only make it harder for people in that area to seek health care assistance, you take away the economic security of the workers and citizens of that community.

Thanks, again, to Pinkdome for keeping up with this.

Red River Rivalry Open Thread

By Damon McCullar

The Red River Rivalry is quickly desending upon campus. This is an open thread for predictions on the game. I'll start with my prediction: 28-14 UT wins.

If You Want Change, Vote for It

By Karl-Thomas Musselman

The following is a guest column by Donna Howard, candidate for the Democratic nomination in HD 48 in West Austin. This is the first in a series of posts on behalf of active candidates. -KT

I want to thank BOR for this opportunity to speak directly to you.

My name is Donna Howard, and I'm running for HD 48. I was not seeking this job, but, after being asked by a number of people in my district to consider the race, I decided not only that I wanted to run but also that I could bring a wealth of real-life experiences to this effort. We are facing many critical issues in our community, and I want to be a part of the solution.

The stakes are high. How will we save our public schools, safeguard our children's heath, protect our pocketbooks, roll back soaring college tuition rates, strengthen our neighborhoods, and build a future that reflects our mainstream values?

With a state representative who is ready to lead, that's how. The incumbent has failed over and over again to demonstrate leadership, and our district and state have suffered.

• When his political bosses instructed him to, he voted for the biggest tax hike in Texas history, including the nation's highest sales tax.

• When his political bosses instructed him to, he pocketed $35,000 in illegal corporate campaign cash from Tom DeLay and then voted to dilute his own community's influence in Congress.

• When his political bosses instructed him to, he voted to strip 170,000 eligible children of working parents of their health benefits, leading to higher costs for local taxpayers to fund emergency room care.

• When his political bosses instructed him to, he voted to siphon billions of tax dollars out of our public schools for his campaign contributors’ private-school voucher scheme.

• When his political bosses instructed him to, he voted to privatize state services with a phantom promise to save taxpayers $45 million, which now turns out to have cost hundreds of jobs and saved just $1 million.

I grew up in Austin and raised my family here in Austin-area public schools. I have taught at UT, my alma mater, and worked as a critical care nurse. I have worked in the community, served on the Eanes school board, and devoted my life to improving my neighbors' public education and public health. I don't need a party boss to tell me what to do.

Now, more than ever, we need to put our community first and partisan politics last. And that's why I'm running for the Texas House -- to give the people of HD 48 a representative at the State Capitol who will work for them, for a change.

If you agree that it's time for a change, join me in working for it. I encourage you to volunteer with my campaign for independent leadership that reflects our mainstream values. We need your energy, your best ideas, and your most generous contributions.

Please go to http://www.votedonna.com to see more about my positive agenda for HD 48. You will learn about my life experience, career, and volunteer work with the Texas Education Crisis Coalition, the Texas Freedom Network, and Common Cause. And I hope you will agree that this campaign is uniquely positioned to help guide us toward a future of progress and prosperity based on healthy children learning in safe classrooms from well-paid, qualified teachers.

And most of all, if you want change, vote for it. Because what we need is what we do not have under our current leadership -- a united effort that crosses party lines and ideologies and demands responsible support for public schools from all sectors of our community. If we get that right, everything else will follow. If we keep getting it wrong, not much else will matter.

-Donna

Watson to Kick off Campaign at DFT Meeting Tonight

By Karl-Thomas Musselman

What: Democracy for Texas (DFT) monthly meeting kicks off Watson's campaign
Where: Mother Egan's, 715 West 6th Street, Austin
When: 7 p.m., Wednesday, Oct. 5

Watson looks to be able to take this without a primary challenge, (and why would anyone want to), providing a very strong replacement to Sen. Barrientos. I would wager that his appeal across the board politically as well as being one of the most popular former elected officials in this county, will allow for some down ballot aid into HD 47 and 48 next fall. That combined with an active Congressional campaign by John Courage in those same areas should really make even Keel's old seat competitive. This is the type of synergy that we get by making sure we Run. Everywhere.

In addition, John Courage, candidate in Congressional District 21, will speak at the DFT meeting regarding his recent selection as Democracy for America's first Grassroots All-Star of the 2006 election cycle.

Will is Shrill

By Jim Dallas

The news that George Will is not a happy camper has been posted elsewhere, but I'd like to parse this for everybody just to insure the message is clear.

For what it's worth, I'm not too personally negative about Ms. Miers being nominated for the Supreme Court. In a way it's inspiring -- if I can do a half-decent job in law school, only get in trouble once or twice as a practitioner, and sufficiently praise the Governor of Texas -- well then, I too might one day be a Supreme Court Justice.

Nonetheless, the better part of me agrees with Will that a more scholarly type (you know, like a judge) might be a better Justice.

Also, Will seems to have better reasons for flipping out than most of us here on this side of the blogospher. Remember, kiddos -- everytime you cast aspersions on the Texas business community (particularly the upstream oil and gas industry) in order to make a political point, the deity-of-your-choice kills a kitten. Please... think of the kittens.

Parsing is below the fold.

Senators beginning what ought to be a protracted and exacting scrutiny of Harriet Miers should be guided by three rules. First, it is not important that she be confirmed. Second, it might be very important that she not be. Third, the presumption -- perhaps rebuttable but certainly in need of rebutting -- should be that her nomination is not a defensible exercise of presidential discretion to which senatorial deference is due.

It is not important that she be confirmed because there is no evidence that she is among the leading lights of American jurisprudence, or that she possesses talents commensurate with the Supreme Court's tasks. The president's "argument" for her amounts to: Trust me. There is no reason to, for several reasons.

He has neither the inclination nor the ability to make sophisticated judgments about competing approaches to construing the Constitution. Few presidents acquire such abilities in the course of their pre-presidential careers, and this president particularly is not disposed to such reflections.

Remember those bumperstickers in 2000 that read "how dumb is too dumb?" 'Nuff said.

Furthermore, there is no reason to believe that Miers's nomination resulted from the president's careful consultation with people capable of such judgments. If 100 such people had been asked to list 100 individuals who have given evidence of the reflectiveness and excellence requisite in a justice, Miers's name probably would not have appeared in any of the 10,000 places on those lists.

Here George Will proves that he knows how to multiply large numbers.

In addition, the president has forfeited his right to be trusted as a custodian of the Constitution. The forfeiture occurred March 27, 2002, when, in a private act betokening an uneasy conscience, he signed the McCain-Feingold law expanding government regulation of the timing, quantity and content of political speech. The day before the 2000 Iowa caucuses he was asked -- to ensure a considered response from him, he had been told in advance that he would be asked -- whether McCain-Feingold's core purposes are unconstitutional. He unhesitatingly said, "I agree." Asked if he thought presidents have a duty, pursuant to their oath to defend the Constitution, to make an independent judgment about the constitutionality of bills and to veto those he thinks unconstitutional, he briskly said, "I do."

Incidentally, George Will apparently supported George W. Bush in 2004, after, we are told, Bush "forfeited his right to be trusted as a custodian of the Constitution." Nonetheless, Kerry was also for McCain-Feingold and a "redistributionist." So in this regard, I suppose, this paragraph might be read as George Will's way of complementing Bush for not being a Communist. Alternatively, this is Will's way of attempting to make a mea culpa. Alternatively, this is all just a temper tantrum. Time will tell.

The wisdom of presumptive opposition to Miers's confirmation flows from the fact that constitutional reasoning is a talent -- a skill acquired, as intellectual skills are, by years of practice sustained by intense interest. It is not usually acquired in the normal course of even a fine lawyer's career. The burden is on Miers to demonstrate such talents, and on senators to compel such a demonstration or reject the nomination.

Under the rubric of "diversity" -- nowadays, the first refuge of intellectually disreputable impulses -- the president announced, surely without fathoming the implications, his belief in identity politics and its tawdry corollary, the idea of categorical representation. Identity politics holds that one's essential attributes are genetic, biological, ethnic or chromosomal -- that one's nature and understanding are decisively shaped by race, ethnicity or gender. Categorical representation holds that the interests of a group can be understood, empathized with and represented only by a member of that group.

Insofar as I can remember, Will has been amazingly consistent on this issue (especially given the "look ma, a minority" strategy that has been all the rage recently).

The crowning absurdity of the president's wallowing in such nonsense is the obvious assumption that the Supreme Court is, like a legislature, an institution of representation. This from a president who, introducing Miers, deplored judges who "legislate from the bench."

Minutes after the president announced the nomination of his friend from Texas, another Texas friend, Robert Jordan, former ambassador to Saudi Arabia, was on Fox News proclaiming what he and, no doubt, the White House that probably enlisted him for advocacy, considered glad and relevant tidings: Miers, Jordan said, has been a victim. She has been, he said contentedly, "discriminated against" because of her gender.

Her victimization was not so severe that it prevented her from becoming the first female president of a Texas law firm as large as hers, president of the State Bar of Texas and a senior White House official. Still, playing the victim card clarified, as much as anything has so far done, her credentials, which are her chromosomes and their supposedly painful consequences. For this we need a conservative president?

Emphasis his. Gotta love them italics.

Will wanted somebody more conservative and more qualified. He wanted (as noted above), Judge Wilkinson. But the upshot of this piece seems to be that many of the fears held about Miers are being projected on Bush. And Bush angering his base is just... surreal.

Granted, I don't expect we'll see this reflected too much in polling. But I do think that in 2008 primaries the Republicans are more likely to have a blood-bath than a coronation. I had once thought that whoever had the administration's blessing would probably waltz to the finish line - and that may still happen. But my suspicion is that even most Republicans are ready for a change; the question is, in which direction?

Of course, there've been more than a few comments about all this Miers stuff being a reverse-bait-and-switch. I think Bush is serious; I can't really explain why, it's just a gut instinct.

Details on the DeLay Indictments

By Karl-Thomas Musselman

Thanks to the Statesman we learn that even though there are two outstanding indictments, three grand juries were involved in order to get them.

In a written statement Tuesday, Travis County District Attorney Ronnie Earle acknowledged that prosecutors presented their case to three grand juries — not just the two they had discussed — and one grand jury refused to indict DeLay. When questions arose about whether the state's conspiracy statute applied to the first indictment returned last Wednesday, prosecutors presented a new money-laundering charge to second grand jury on Friday because the term of the initial grand jury had expired.

Working on its last day Friday, the second grand jury refused to indict DeLay. Normally, a "no-bill" document is available at the courthouse after such a decision. No such document was released Tuesday.

Earle's statement on Tuesday said he took money-laundering and conspiracy charges to a third grand jury on Monday after prosecutors learned of new evidence over the weekend.

To understand the process, the Statesman gives us a timeline.

The first grand jury, impaneled by state District Judge Mike Lynch, a Democrat, had spent six months hearing evidence that Republican groups had violated a state ban against spending corporate money in the 2002 campaigns, including the exchange of $190,000 of corporate money for the same amount of campaign donations from the Republican National Committee.

The grand jury indicted DeLay on charges of conspiring to violate the state election laws, a state-jail felony. As DeLay's lawyers waited to raise an issue whether the conspiracy law applied to the election code, prosecutors apparently learned of the issue.

According to Earle's Tuesday statement, prosecutors presented "some evidence" to a second grand jury impaneled by District Judge Julie Kocurek, a Republican, "out of an abundance of caution."

It's unclear whether those grand jurors refused to indict DeLay on money-laundering charges, a first-degree felony, because of the evidence or because it was given to them on the last day of their 90-day term.

Earle did not say in his statement what new evidence surfaced over the weekend. White, who said he doubts the evidence exists, challenged Earle to reveal it. Prosecutors also called Lynch's grand jurors over the weekend to poll them on how they would have voted on money-laundering charges if they had been given the chance.

Then prosecutors tried again Monday with a third grand jury.

When Monday's grand jury, impaneled by District Judge Brenda Kennedy, a Democrat, reported for its first day, Earle was there to ask them to indict the second most powerful Texan in Washington.

About four hours later, the new felony indictments were returned.

An Interview with Alex Winslow, Executive Director of Texas Watch

By Phillip Martin

If the Legislature made the insurance companies lower their rates to where they should be, the average homeowner would get an extra $600 in their pocket.
--Alex Winslow

Last week, I saw a story on KVUE News reporting that Texas consumers may see an increase in their homeowner's insurance in the wake of Hurricane Rita. The story featured Alex Winslow, Executive Director of Texas Watch, an Austin-based watchdog group for insurance companies. I sat down with Alex on Monday to talk about the potential increase in homeowner's premiums, as well as a handful of other issues facing Texas consumers.

Q. Hurricane Katrina and Hurricane Rita are reported to cost $42 billion in damages. Now, when I get into a car accident, my insurance goes up. Why is it unreasonable for insurance rates to go up following the devastation we've seen on the Gulf Coast?

A. Insurance rates are set to calculate expected future losses, not to recoup losses. The insurance companies have already factored in potential damages due to hurricanes in your premiums. It's not like hurricanes are anything new, so they shouldn't have to raise rates to cover a loss they've understood and factored in for decades. Our research shows that insurance premiums for Texas consumers are already way too high, which would mean, at the very least, premiums should stay where they are. We actually believe they should still go down.

How could premiums still go down if insurance companies are having to pay out so much to cover their losses from this year's hurricane season?

We recently completed a study showing that insurance companies are overcharging Texas consumers by about $4 billion a year. That's an extra $600 a year for homeowners, and another $200 for drivers. These overcharges are an excessive tax on Texas consumers that are used solely to increase the profit of insurance companies.

For an explanation of overcharges, and the rest of the interview, click on the jump.

What are overcharges, exactly?

This is complicated, just as a warning. The Texas Department of Insurance establishes an ideal profit level for insurance companies by setting an appropriate loss ratio. The ratio divides the premiums a consumer pays by the average amount the company will pay out in losses. Ideally, for every dollar paid in premiums, TDI estimates that insurance companies will spend fifty-eight cents on paying losses. After factoring administration costs, the Texas Department of Insurance states that insurance companies would be making about a quarter-cent profit on every dollar spent in premiums, which any businessman will tell you is more than ideal.

OK, I'm with you so far, but where do overcharges come in?

Well, as I said, the Department of Insurance calculated that loss ratio at 58%. Yet, in 2004, the Texas Department of Insurance calculated that insurance companies only spent about twenty-seven cents of every dollar paying out losses -- a 27% loss ratio. That's an extra 31% in profit! What we did in our report was determine how much money Texas consumers would have saved if this extra profit were returned to them, and it came out to a total nearing $4 billion in overcharges, which comes out to about $600 a year for homeowners, and another $200 for drivers.

That's incredible! That's bigger than the property tax cuts proposed in House Bill 3!

Right. And that's why we don't see any reason for insurance companies to justify raising premiums on Texans that are already paying too much in insurance every year.

For some background now -- what is Texas Watch? What role does Texas Watch play in state government?

Texas Watch is a non-profit, non-partisan consumer advocacy and civil justice group based here in Austin. We see politics as an outside game and an inside game. The outside game is the media and grassroots efforts where you try to educate and persuade the general public. Our primary goal is as a media player, sending the research and reports we do out through the press and through grassroots efforts to Texas consumers. We recently became more involved with the inside game, which is actually lobbying members of the Legislature and attending hearings and trying to shape what goes on underneath the dome, and not just around it.

Do you think your voice would be big enough, in the inside game, to counter the lobbying efforts of the insurance companies?

Well, our voice would be big enough, but our pocketbooks wouldn't be. Insurance companies, with that huge amount of profits they make overcharging consumers, pour millions of dollars into campaigns every year. They actually donated tons of money to TAB and TRMPAC in 2002, the election season currently under scrutiny because of the Delay indictment. The insurance lobby invested in a Legislature that will do their bidding. That's why you saw the tort reform legislation pass, it's why lawmakers passed a so-called insurance reform bill that actually benefited insurance companies, and it's why insurance companies were slated to receive the largest portion of the business tax cuts in House Bill 3 during the last session.

You mentioned the tort reform legislation from the 78th Regular Session. To what extent did the Prop 12/tort reform laws affect our insurance rates?

Prop 12 and the so-called tort reforms have been extremely detrimental to Texas consumers. We were told that the cost, quality, and access of health care would improve. I'm fairly certain that if you asked the average Texan, they would say that their health care costs haven't decreased, it hasn't gotten any better, and it hasn't gotten any easier to get the kind of care they need. Really, no one but the insurance companies have gained any sort of benefit from Prop 12, because it's harder to hold a bad doctor accountable and they don't have to pay out as much as a result.

What about doctors? As I remember, they were real excited about tort reform.

Doctors got used by the insurance lobby into believing that Prop 12 would lower their medical malpractice insurance. In reality, the Texas Department of Insurance has reported that half of all doctors haven't seen any decrease in their rates. Those who have seen reductions have only seen about 5% of their overcharges decrease, hardly the revolutionary reform Prop 12 proponents promised.

Everybody Loves Poll Numbers ***UPDATE***

By Damon McCullar

The WSJ has a poll out for the Texas governors race and senate race. Interestingly, in the senate poll they left out the only declared Democratic senate candidate, Barbara Radnofsky. Why they included Kirk Watson, who is running for STATE senate and John Sharp, who has never been interested in running for senate as far as I know.

Here are the numbers:

Rick Perry 40.1%
Chris Bell 27.2%
Kinky Friedman 18%

Carol Keeton Strayhorn 34.6%
Chris Bell 26%

KBH 50.4%
Kirk Watson 35.7%

KBH 51%
John Sharp 36.4%

The margin of error of this poll was 2.9%. I dunno what to make of this poll. They left out Felix Alvarado and Barbra Radnofsky. Why they aren't polling all of the declared candidates, I can't fathom.

I find it interesting that Kinky "I out raised Chris Bell 2:1" Friedman is polling 10% behind Chris. It's a mystery! I'm sure the Kinkster can get to the bottom of it.

Seems that Chris Bell is making strides toward the governor's mansion. A 13% behind one year out from the election is a respectable place to be. Assuming the name ID problem resolves itself, Chris should be in the thick of things in a year, assuming he's the nominee.

The Chris Bell Campaign had this to say on their blog:

As much as we think Chris' New Mainstream message can lift him to victory, we admit that this is a race to unset Rick Perry, and so it is that his falling poll numbers were particularly encouraging. This poll, taken after Hurricane Rita, shows Rick Perry dropping 5.1 points in a month. This is a stunning affirmation of Chris' contention that Rick Perry couldn't lead a silent prayer, the 100-mile-long traffic jam during the Rita Exodus being the most recent example.

Second, with Perry dropping and Kinky stagnant, Chris turns out to be the only one improving his standing, going from 25.9 percent in August to 27.2 in September. That number is bound to keep improving as Chris' name ID does and as he unites the Democratic Party around his New Mainstream message, but something must be working.

The Radnofsky Campaign had this to say:

This is a great poll for our campaign and for the Democratic Party. It clearly shows that Senator Hutchison is vulnerable. Crucially, it shows that even in a match-up with a non-opponent, she barely scratches the 50% mark.

Tom DeLay Indicted On One Count of Money Laundering

By Damon McCullar

The Austin-American Statesman has the story.

Apparently the first indictment again Rep DeLay was not a crime in 2002. The DeLay legal team is going to seek dismissal of the first charge.

Now the AP has a story that Rep. DeLay has been indicted on one charge of money laundering.

According to the Statesman though:

"In a letter to Earle, DeGuerin said DeLay is withdrawing his waiver of the statute of limitations to investigate him. Last month DeLay signed that waiver in an attempt to head off an indictment.

So it seems as if DeLay might walk because the statue of limitation for the crime has expired.

Is Ms. Miers Just Another Corrupt Republican?

By Damon McCullar

After doing some homework, I found this Houston Chronicle article. The summary is below and the full article is after the jump.

In the late 1990s two guys, a former pro football player named Russell Erxleben and Brian Stearns, ran a $40 million + ponzi (pyramid) scheme involving hundreds of people, bilking them out of tens of thousands of dollars a piece. The secret to the sheer magnitude of their scheme is that rather than keeping their money in a bank, they kept it in Locke, Liddell and Sapp's trust fund. They then convinced potential "investors" that the money was safe because it was locked up in this big law firm's trust fund. To close the deal, they told them that one Harriet Miers was a partner there and that she worked for the governor. Locke Liddell knew what was going on, kept quiet about it and ended up getting sued and having to settle for more than $30 million in the affair. At the time Miers was a managing partner, meaning she was on watch when this scandal went down.

Either Ms. Miers was in on the deal or she is highly incompetent. Given the Republicans knack for all things shady, I have to believe
that Ms. Miers was in on the deal. Is this party corrupt to the core?

Firm takes heat for cons' crimes

Settled suits cost top-tier legal entity $30 million, with more pending

By Janet Elliott
Copyright 2001 Houston Chronicle Austin Bureau (10-21-01)

Locke Liddell and Sapp is one of Texas' premier law firms, having represented some of the state's top corporations and individuals, including George W. Bush when he was governor and general partner of the Texas Rangers baseball team.

But it is two other former clients, convicted swindlers Russell Erxleben and Brian Stearns, who have brought unwanted attention tot he 426-lawyer firm with offices in Houston and several other cities.

In the past two years, Lock Liddell has paid $30.5 million to settle lawsuits filed by investors who plowed money into enterprises run by Erxleben and Stearns, both of Austin. The deals turned out to be nothing more than elaborate Ponzi schemes.

In a Ponzi or pyramid scheme, investors typically are offered high rates of return. But new investments are used to pay off early investors until the scheme collapses.

The class-action lawsuits alleged the law firm lent its credibility and reputation to enable Erxleben and Stearns to commit securities fraud.

Today, representatives of the firm will participate in mediation of a separate federal lawsuit filed in New York by two foreign corporations that loaned $20 million to Stearns.

Stearns continually told investors that his law firm was the same one that represented Gov. Bush, according to court documents. Harriet Miers, who was co-managing partner of Lock Liddell, represented Bush. She left the law firm in January to become an assistant to President Bush.

Many in the Texas legal community are asking how a reputable firm ended up with two such disreputable clients.

The law firm denies it or the four lawyers named in the lawsuits aided in the criminal enterprises run by Stearns and Erxleben, and it now believes that the firm was used by the con men.

John McElhaney, a Locke Liddell partner from Dallas, said the firm settled the cases to avoid lengthy litigation. He said the firm has not changed its client intake procedures as a result of Erxleben and Stearns.

Austin lawyer Michael Shaunessy, who filed the two class-action lawsuits, said he believes the Locke Liddell lawyers ignored obvious signs that their clients were running scams.

"The lesson, if there is one, is that unfortunately we have members of the legal community who don't understand their ethical obligations," said Shaunessy.

Among the more sensational allegations to arise regarding Stearns is a charge that Locke Liddell used a firm's special trust account to funnel $12 million in investor money to Stearns, who used the funds to finance a lavish lifestyle that included a private jet. Law firms are required to have the accounts to hold client funds. Interest earned on the accounts is used to help fund civil legal services for the poor.

Linda Eads, an associate professor of law at Southern Methodist University, wrote in an ethics opinion prepared for Shaunessy that the use of the trust account caused "investors to feel assured by the involvement of the law firm in the transaction."

McElhaney of Locke Liddell and Sapp said Stearns asked that the transfers be handled through the trust account and that there was nothing illegal about the use of the firm's account.

Stearns was sentenced last July to 30 years in federal prison for defrauding investors of $40 million. Among his victims were 342 investors from Brady, the central Texas hometown of the beauty queen Stearns married in 1998. The Brady investors were swindled out of $4.5 million.

In August, Lock Liddell agreed to pay $8.5 million to settle the lawsuit filed by Brady residents and investors from California and Canada. The Brady investors recovered less than 70 cents on the dollar.

Locke Liddell denied any wrongdoing and said it settled the case to avoid lengthy litigation.

The law firm offered the same explanation in April 2000 when it agreed to pay $22 million to settle a lawsuit stemming from its representation of Erxleben. Erxleben, a former star placekicker for the University of Texas and the NFL's New Orleans Saints, is serving a seven-year sentence in federal prison for stealing $36 million through his foreign currency trading company, Austin Forex International.

Lawyers can be disbarred for violating professional ethics rules. One rule requires a lawyer to withdraw from representing a client "if the lawyer's services will be used by the client in materially furthering a course of criminal or fraudulent conduct."

The first lawsuit against Locke Liddell arose after state securities regulators in September 1998 seized the accounts of Austin Forex and put the company into receivership.

Houston attorney Janet Mortenson was named permanent receiver, charged with finding any assets that might be used to compensate investors. She became privy to notes and memos from the lawyers who had advised Erxleben.

Mortenson found a paper trail that she believed showed Erxleben's lawyers allowed him to sell unregistered securities, signed off on brochures and promotional materials that contained misrepresentations and knew about the company's growing losses for months before state regulators began investigating.

Mortenson and the investors sued Locke Liddell partners Dan Matheson, Jane Matheson and Curtis Ashmos. All three worked in the firm's Austin office.

According to the lawsuit, Dan Matheson began representing Austin Forex in April 1997. By March 1998, he knew the company had sustained losses of $7 million but was still taking in about $1 million a week in new investor funds, the lawsuit states.

It was not until June 1998, when losses had mounted to $18 million, that the lawyers advised Exlerben to stop taking in new money and report trading losses, according to the lawsuit.

"We denied those allegations consistently before and continue to deny them now," said Dan Matheson, who now works at Munsch Hardt Kopf and Harr.

Two other law firms paid settlements to investors in Erxleben's Austin Forex. Sheinfeld Maley and Kay, which went out of business in July, paid $8.5 million, and Kuperman, Orr, Mouer and Albers paid $800,000. The investors also recovered $775,000 from accounting firm PriceWaterhouseCoopers and $500,000 from Bradford Keene, a part owner of Austin Forex.

The Stearns case followed the same scenario, with Mortenson again being named receiver and gaining access to the legal files. She sued Locke Liddell and Phillip Wylie a partner in the firm's Dallas office.

Shaunessy, who investigated Wylie's representation of Stearns, said that Stearns exhibited questionable behavior from the time he walked into the law office in 1998. Stearns claimed to be worth $547 million, yet, within a few months, Wylie knew that Stearns had passed bad checks to an Austin drapery store and an interior decorator, and he was slow to pay the law firm's bills.

The firm's own background check of Stearns found he had no significant property or record of past business success. Another client informed the firm that Stearns had been convicted of a felony in Maryland, but the firm never asked Stearns about his criminal record, Shaunessy said.

According to the ethics report filed by Eads, Wylie learned in late 1998 and early 1999 that investors were angry about promises Stearns made and then broke. He also knew that Stearns was using funds from investors to purchase luxury items, such as a private jet, and that he was telling investors that his law firm was the same firm to represent Gov. Bush.

"Despite Wylie's knowledge of the foregoing facts, which should have raised many questions about Stearns, Wylie, according to his own statements, did no further investigation, and indeed became deeply involved in legitimizing Stearn's schemes," wrote Eads.

Wylie now practices law at Snell Brannian and Trent in Dallas. His lawyer, Tim Duffy, declined comment.

McElhaney said the settlements have been paid from the firm's malpractice insurance. He said the firm's clients and new lawyer recruits have been understanding.

"We are very sorry to have seen this happen, but it's not going to have a long-term adverse impact on us."

Harriet Miers Nominated to Supreme Court

By Damon McCullar

From the AP wire:

President Bush on Monday nominated White House counsel Harriet Miers to replace retiring Justice Sandra Day O'Connor on the Supreme Court, reaching into his loyal inner circle for a pick that could reshape the nation's judiciary for years to come.

...

Democratic and Republican special interests groups were braced for a political brawl over the pick, Bush's second. But the lack of a judicial record may make it difficult for Democrats to find ground upon which to fight her nomination.

The President describes Ms. Miers as someone who strictly interprets the law. Does that mean strict constructionist? I don't think so, but she is a total wild card. An even bigger wild card than Chief Justice Roberts because he has no prior bench experience. This should make for interesting confirmation hearing for that reason alone. Ms. Miers was a chief architect in the lower court battles. Was she pivotal in developing the "Nuclear Option"? Does anyone know anything about her? Does anyone care?

Dr. Billy Bob "Hoot" Strangelove: Or How I Learned to Stop Worrying and Love Petroleum Products

By Jim Dallas

Everytime you see those gasoline prices go up, remember that the State of Texas collects a 4.6 percent severance tax on the value of crude oil.

Although the tax has some exemptions, the increase in revenue has tracked oil prices fairly well. Given the increase in prices, the crude oil severance tax and a similar natural gas tax should have banner years when the numbers are crunched (in FY2004, the two taxes brought in about $2 billion, and accounted for about 3 percent of state revenues).

It'd be nice to see some of this new money (you know, a few hundred million can go a long way) go into education, or at least be used to ameliorate the embarassment of future school finance "reform" specials. In this sense, every Texan can share in the joy of ripping off the rest of our chronically-oil addicted country (we should have changed our state motto from "Friendship" to "screw you, pay me" a long time ago, back during the Railroad Commission/Interstate Oil Compact days, but that is another story.)

BORed - Full Disclosure

By Matt Hardigree

I've decided that I should come clean as to my many conflicts of interest. Those of you out there may not know that I've been doing a little bit of non-paid work with the Chris Bell campaign that has mostly consisted of me calling and bothering them.

Felix Alvarado, is not a name you've probably heard before, but he was my calculus teacher in high school and taught me how to stand and deliver.

Warren Chisum may be a huge homophobe, but he used to come over and watch Will & Grace at my apartment. He may hate the gays, but he loves the witty repartee of Karen and Jack.

Kinky is my illegitimate father. We had a rocky relationship for a while, but then he took me along with him to solve one of his mysteries and now I feel a lot closer to him.

Barbara Ann and I did something untoward one night after splitting a bottle of Jack at a rally for Jimmy Carter and nine months later Andy came into our lives. He doesn't know though, so don't tell him.

Well, I feel a lot better now.

ASTROS WIN THE WILD CARD!

By Phillip Martin

In a close game, the Astros held on to beat the Cubs 6-4, winning their way into the playoffs and clinching the National League Wild Card. The 'Stros won the Wild Card last year as well, and came within one win of making the World Series.

Astros pitcher Roy Oswalt got the win, giving him back-to-back 20-win seasons -- the first pitcher to do that since Curt Schilling and Randy Johnson did that for the Diamondbacks in 2001-2002. On a team with Pettite and Clemens, Oswalt often gets overlooked by lots of folks in the media, even though he was our opening-day starter and pitched a tough game today to sneak in a win. He now has won more games in the last two years than any other pitcher in baseball.

The Astros will face Atlanta, who they beat last year in the playoffs, on Wednesday for Game 1 of the NLDS. For those diehards, like me, who want to share thoughts/predictions, feel free to leave a comment.

Go' Stros!

Texas Wins 51-20 over Mizzou

By Damon McCullar

Texas won today in their Big 12 opener over Mizzou. The first quarter was the sloppiest football I've seen in awhile. Vince Young fumbled three or four snaps and the Longhorns were plagued by penelties the entire game. They got it together in the second quarter and went to victory, but if they plan to win a national championship they need to tighten down on the disipline and make teams earn yards, not give them up in penelties.

In other Big 12 action it was A&M over Baylor, Colorado beat Oklahoma State, it was Oklahoma over Kansas State, Tech beat Kansas, and Nebraska brought down Iowa State.

In the top 25, Penn State upset (18)Minnesota, (15)Alabama beat (5)Flordia, and it was Michigan over (11)Michigan St.

All I Really Need to Know I Learned in High School Journalism

By Jim Dallas

Today's Philadelphia Inquirier (via Atrios):

Biggest story - three people killed in Bucks County accident.

Smallest story - five young people killed in Iraq.

The proximity rule strikes again!

(Granted, both are tragedies, but teens dying in car accidents is a story almost as old as soldiers dying in wars -- it's all about proximity. The classical definition of this rule is something to the effect of "a cat meowing at city hall is bigger news than all the foreign wars ever fought." Someone correct me if I'm getting the quote wrong.)

P.S. In a bolder statement of media criticism, Ezra over at TAPPED mentions Rick Perlstein's unpublished (but not unwept) op-ed on how the media blew Katrina coverage.

Patio Party

By Karl-Thomas Musselman

Here on the UT Austin campus, we realized that as much as we wanted to have a House Party most of us lived in dorm, apartments, or cooperatives. So we scrapped the house and got ourselves a Patio and had a Party on the Patio on campus by the Texas Union. I have a couple pictures here and here.

Tonight, 50 students took the time to spend three hours listening to two outstanding live music acts by Abi Tapia and Bonnie Whitmore, a conference call, and the Steering Committee of the Campus Alliance Against Inequality talk about our efforts on campus. They signed up for activities and some are joining us for a West Campus blockwalk this weekend.

But two things inspired me tonight.

After Glen's call, I placed a box I had labeled with the word Victory on the nearest table. I called upon those gathered that we could not be satisfied on campus with an empty victory and pledged to personally match up to $200 in donations with my early Birthday money. And after that Victory box had visited every member of the crowd over the next 10 minutes, $200 in donations came in from those 50 students making for $400 in total funds.. Let me repeat that- students on a Friday night donated $400 to fight against inequality to defeat Constitutional Amendment #2.

If that wasn't enough, we also had two brave souls step up to the task of organizing outreach into West Campus Co-ops, filled with sympathetic and activist students who are for the most part with us but may not know about this election yet. That means up to 1000 more students could soon be informed by their fellow co-opers that the Nonsense stops November 8th.

11 Days to Register, 39 Days until Victory

Ray Nagin

By Jim Dallas

As you may know, embattled New Orleans mayor Ray Nagin supported President Bush in 2000 and was a Republican before switching parties shortly before filing his candidacy for mayor in 2002 (more or less because a Republican is unelectable in New Orleans). Nagin has since had sort of a mixed record with endorsements (backing Bobby Jindal for governor and John Kerry for President).

Given that the GOP has been pretty solicitous of (some would say desperate for) support from just about any person of color, one might imagine that the right-wing spin machine might have eased off of Nagin by now; the Hurricane is over, no need to deflect blame on to state and local officials anymore.

Which makes me even more perplexed by the latest e-mail from the NRA, which reads more like a political hit on Nagin than, you know, your typical paranoid "cold dead hands" banter:

The controversy over gun confiscations erupted when The New York Times reported that the New Orleans Superintendent of Police Eddie Compass directed that no civilians in New Orleans will be allowed to have guns and that "only law enforcement are allowed to have weapons." ABC News quoted New Orleans' Deputy Police Chief Warren Riley, saying, "No one will be able to be armed. We are going to take all the weapons."

This week--fast on the heels of the restraining order--Compass abruptly resigned his post. At the same time, New Orleans Mayor Ray Nagin's office was quick to distance itself from the statements made by Compass and Riley.

The one big question that remains to be answered is who actually issued the controversial confiscation order in the first place.

Under Nagin's leadership, the city's murder rate increased and there were frequent reports of corruption within the police department. In addition, during the region's wide-spread, post-Katrina violence, looting, and civil unrest, roughly 250 police officers deserted their posts. Amidst the anarchy, a television crew filmed police officers apparently participating in the looting of a store.

That last paragraph seems especially gratuitous. Granted, the NRA has every right to stand up to anyone who would take your guns away from you (and that's why I'm on their mailing list). But continuing the "Nagin/NOPD = anarchy" meme really doesn't seem to have much to do with the merits of the gun controversy.

I'm beginning to get the nagging sensation that there's more at work behind the sense than simple issue advocacy. The fact that I can't ever seem to tell whether the NRA is representing its members or the vast right-wing conspiracy is one reason why I can't stand the current NRA leadership. Of course, my grand scheme is to get more Democrats (like this guy) to join up so we can take over (our motto: "you can pry my gun -- and my social security check -- out of my cold dead hands").