Burnt Orange Report

Student Prop 2 Results

By Karl-Thomas Musselman

I realized that I never posted this information when I was running through Prop 2 results. Here are the results for the heavily student populated precints here in Austin. These add up to about 7,000 student voters when you account for a couple of variables, which is quite a boost from the maybe 1,000 student votes cast in the 2003 Constitutional Amendement election. You can see these (most all purple) on the precinct map of Travis County available to download in .pdf format here.

Student Precincts by region are as follows...

Precinct # // % Vote Against Prop 2 // % Turnout

On Campus
147 // 84% // 24%
148 // 80% // 23%

West Campus
261 // 89% // 18%
265 // 86% // 18%
266 // 91% // 21%
277 // 88% // 14%

North Campus / Hyde Park
145 // 91% // 30%
274 // 91% // 33%
275 // 90% // 36%
276 // 89% // 32%

Riverside
420 // 75% // 14%
429 // 83% // 14%
431 // 81% // 14%
435 // 87% // 13%

St. Edward's
433 // 80% // 22%

Far West
221 // 73% // 31%
247 // 59% // 34%

Prop 2 Galveston Map

By Karl-Thomas Musselman

Thanks to a comment in a Daily Kos entry I just made, comes this wonderful map of how Prop 2 faired in Galveston County, which was below the state average, but actually defeated the amendment on the East end of the island, where support was generally lower than on the mainland.

Click for a larger pop-up image.

Can we get a do-over?

By Karl-Thomas Musselman

The Galveston Daily News asks...

Question: What kind of constitution requires a constitutional amendment, rather than a vote of the Legislature, to decide maximum interest rates for commercial loans?

Answer: One that needs changing.

Time to redraft the Texas Constitution? Yes, let's start thinking about that in the next few sessions. After we throw a few more Republicans out of office of course.

Travis County Prop 2 Map

By Karl-Thomas Musselman

Sent to me by two readers already, here is a downloadable precinct by precinct map of the Travis County vote on Proposition 2 done by city
demographer Ryan Robinson. The Austin Chronicle will have an expanded precinct map in this Thursday's issue which will have results broken down by state house district.

Download file (pdf)

Anyone know if they've seen other urban counties with maps produced like this? If so, send them my way.

Mapping the Results: Prop 2

By Karl-Thomas Musselman

In the first of a series that I'll be working on, because I haven’t seen any in state publications as of yet, here is a map of Prop 2 results by County. Be aware this one is colored differently than future ones will be. Because Travis County was the only county to vote against the Amendment, the blue v. red coloring is based off of the degree below or above the statewide "YES" vote of 76%.

As can be seen here, support for the amendment increases the farther away one gets from an urban area. (Lubbock, Abilene, Midland/Odessa, and Laredo all have an impact, even in heavily Pro-Prop 2 areas. A secondary effect at play would be density of Hispanic population (i.e. border) having a moderating effect on support for the Amendment. In fact, other blogs have reported on pockets of outright opposition to Prop 2 in certain Hispanic areas. Here in Austin, African-American and Hispanic precincts went against Prop 2, counter to what many thought would happen. I'm working on a Travis map as well, but until then...

Click the image for a larger version in a new window. Reprinting permission for this and future images granted only if BurntOrangeReport.com or myself is credited. Please comment or e-mail me if you'd like to make use of these images in a non-blog or offline format.

Maxey: There is Hope.

By Karl-Thomas Musselman

I still have the post-it notes. And now that I have another version of Travis County Precint returns, I'll post more analysis in the coming days. But for now, one last post from the Statesman, and then to class I go. -kt

Maxey: On a bleak November night, I still found reason for hope

As the polls closed Tuesday night, reporters began clamoring for me to comment on the impending announcement of the vote totals.

Something in my grey head and aging, activist gut said that I needed to spend time somewhere else first.

So at what I expected to be a tough moment in my life, I headed to the election night party of the University of Texas Campus Alliance Against Inequality to be in the company of some amazing young people. I needed their energy and excitement. Most of all, I wanted to experience their clear vision of full civil rights for gay and lesbian people, uncluttered by my generation's nonsense.

As director of No Nonsense in November, the statewide campaign to defeat Proposition 2, the "gay marriage" amendment, I had watched these young leaders with awe. Through thousands of hours of grueling work — educating people one-by-one, registering the un-registered to vote, ignoring the barriers of my generation (political parties, gender, ethnicity, race and religion) — they opened the hearts and minds of one another.

And now, standing in Gregory Plaza on a warm, clear November night, I saw the future of the gay and lesbian fight for civil rights.

Karl-Thomas Musselman, a native of Fredericksburg, passed me a Post-It note scribbled with campus-area precinct results. Results from the dorms showed 80 percent and 84 percent voting against the ban on gay marriage. (That's with a turnout of more than 1,100 students compared to about 100 in 2003). West campus precincts voted against Proposition 2 in the high 80 percent range, with one busting 91 percent. Student areas on Riverside Drive and Far West Boulevard showed similar results.

I knew before I arrived that these young people were passionate about this issue and their futures. Marti Bier, head of the alliance, led an effort that resulted in 5,228 early votes being cast on campus, where only 200 had been in the 2003 election.

I was filled with hope as I headed across town to the lights of the TV cameras to comment on the extremely disappointing election returns from across Texas. The reporters had questions and wanted 30-second sound bites, but the answers are rarely easy.

Why the lopsided margin in favor of Proposition 2? Obviously, marriage is the toughest issue for the gay and lesbian political movement. We knew that when we started.

As an example, our polling of Houston African Americans showed that 65 percent supported non-discrimination against gays and lesbians in employment. But with gay marriage, 65 percent were against it.

On every topic, voters support gay rights overwhelmingly — until you say that religiously charged word, "marriage."

I'm certain that a majority of Texans believe that gay couples should be able to use civil documents to protect their relationships, property and medical decisions. It's a conservative idea, really — people taking charge of their affairs and being responsible for their actions and those of the ones they love.

Unfortunately, the Texas Legislature wasn't willing to just define marriage as between a man and a woman in this ballot proposition. Instead, lawmakers added a poorly worded, overreaching second sentence that voters really never understood or considered the consequences of. ("This state or a political subdivision of this state may not create or recognize any legal status identical or similar to marriage.")

So on Tuesday, most Texas voters went to bed believing they have "protected" marriage according to its religious and historical definition. I pray they slept well with their victory. I didn't. I and many gay and lesbian families were emotionally run over.

We woke up Wednesday and did what we usually do. We fed the children and sent them to school, sat in traffic going to work, wrote our checks to our favorite charities and churches, did our community and political volunteer work, and worried about taxes, the war and the quality of our loved one's lives.

And after all that, we now have to go to even more extraordinary lengths to do what everyone else still takes for granted — protect our families.

Texas voters left gay and lesbian Texans with an awful legal morass and lots of uncertainty. Gays and lesbians will have to spend thousands of dollars resolving legal issues, money that could have been used for caring for each other and our communities.

Lots of real people were hurt Tuesday. I mourn that fact. But my heart is uplifted because of leaders such as Karl-Thomas Musselman, Marti Bier, Jason Orne, Jake Holbrook, Trampes Crow and all members of this next generation — young men and women who are unfettered in their total belief in full equality for all families.

There is hope. It's only a matter of time.

Maxey, an Austin Democrat, is a former member of the Texas House.

Top 10s

By Karl-Thomas Musselman

Byron sent me a great file tonight that has the Prop 2 vote broken down by county with turnout percentages. If you'd like to download it and play around with things to see where your county falls, click here. It's in excel format.

I've pulled out some Top 10 lists already. One note, 23 counties voted below the state average on Prop 2, so the first list is a Top 23 list.

TOP 23 BY % AGAINST VOTE

1 TRAVIS 59.95%
2 HAYS 41.87%
3 BREWSTER 35.55%
4 DALLAS 33.54%
5 PRESIDIO 32.76%
6 EL PASO 31.92%
7 BEXAR 30.77%
8 WILLIAMSON 30.11%
9 BASTROP 28.94%
10 LOVING 28.57%
11 CAMERON 27.55%
12 HARRIS 27.52%
13 BRAZOS 26.61%
14 COLLIN 25.55%
15 GALVESTON 25.40%
16 NUECES 25.31%
17 DENTON 24.93%
18 BLANCO 24.82%
19 KENEDY 24.59%
20 CALDWELL 24.36%
21 JEFF DAVIS 24.23%
22 WEBB 24.05%
23 ARANSAS 23.99%

TOP 10 COUNTIES BY % FOR VOTE

1 MARTIN 95.41%
2 FLOYD 95.37%
3 PARMER 95.09%
4 OCHILTREE 95.08%
5 HANSFORD 95.05%
6 GARZA 94.85%
7 CHILDRESS 94.65%
8 MOTLEY 94.51%
9 DALLAM 94.33%
10 HARTLEY 94.30%

TOP 10 COUNTIES BY TURNOUT

1 KING 54.16%
2 DICKENS 51.56%
3 WILBARGER 43.59%
4 BRISCOE 39.93%
5 THROCKMORTON 39.70%
6 BORDEN 39.51%
7 MOTLEY 38.06%
8 ROBERTS 36.63%
9 GLASSCOCK 34.95%
10 SHERMAN 34.28%

BOTTOM 10 COUNTIES BY TURNOUT

1 MAVERICK 2.75%
2 STARR 3.05%
3 PRESIDIO 5.30%
4 JIM HOGG 5.36%
5 WEBB 6.30%
6 ZAVALA 6.58%
7 DIMMIT 7.20%
8 BROOKS 7.21%
9 JIM WELLS 7.31%
10 WILLACY 7.38%

Looks like Travis County wins one of the Champions of the Republic plaques from the Secretary of State for having the highest turnout among counties over 250,000. King County wins the under 250,000 award. Travis County, Champion of the Republic... how much you want to bet the Secretary of State forgets to send us our plaque.

Capitol Extensions

By Karl-Thomas Musselman

Ask yourself this, does your marriage feel safer now?

From a staffer for a Republican at the Capitol who e-mailed me some very nice words, I wanted to share some of them with you below (with their permission).

I would suggest that real change has to come less from the ballot box than from the churches themselves. We cannot keep competing with God and threatened eternal damnation on this. We need another Reformation that will restore humility above all us to persons of faith. How did common men and woman start believing they could talk for God? How did they become Pharisees who hold up the law over love and anything God is trying to teach us? Why have they all but eliminated the mystery and wonder of a God who never meant things to be simple? We are so far off track right now and nothing will change until everything changes. That's the hardest path but it is the only way I see.

And so we can remember, these are the 101 House Representatives who enabled Amending our Constitution.

Yeas — Allen, Ray(R); Anderson(R); Baxter(R); Berman(R); Blake(R); Bohac(R); Bonnen(R); Branch(R); Brown, Betty(R); Brown, Fred(R); Callegari(R); Campbell(R); Casteel(R); Chisum(R); Cook, Byron(R); Cook, Robby(R); Corte(R); Crabb(R); Craddick(R); Crownover(R); Davis, John(R); Dawson(R); Delisi(R); Denny(R); Driver(R); Edwards(D); Eissler(R); Elkins(R); Escobar(D); Farabee(D); Flynn(R); Frost(D); Gattis(R); Geren(R); Gonzalez Toureilles(D); Goodman(R); Goolsby(R); Griggs(R); Grusendorf(R); Guillen(D); Haggerty(R); Hamilton(R); Hamric(R); Hardcastle(R); Harper-Brown(R); Hartnett(R); Hegar(R); Hilderbran(R); Hill(R); Homer(D); Hope(R); Hopson(D); Howard(R); Hughes(R); Hunter(R); Hupp(R); Isett(R); Jackson, Jim(R); Jones, Delwin(R); Keel(R); Keffer, Bill(R); Keffer, Jim(R); King, Phil(R); King, Tracy(D); Kolkhorst(R); Krusee(R); Kuempel(R); Laney(D); Laubenberg(R); Madden(R); McCall(R); McReynolds(D); Merritt(R); Miller(R); Morrison(R); Mowery(R); Olivo(D); Orr(R); Otto(R); Paxton(R); Phillips(R); Pickett(D); Quintanilla(D); Raymond(D); Reyna(R); Riddle(R); Ritter(D); Rose(D); Seaman(R); Smith, Todd(R); Smith, Wayne(R); Solomons(R); Straus(R); Swinford(R); Talton(R); Taylor(R); Truitt(R); Van Arsdale(R); West, Buddy(R); Woolley(R); Zedler(R).

And the 17 Democrats in particular, recognizing that 2 votes of "present, not voting" or no vote at all, could have kept the "Rick Perry Re-Election Amendment" off the ballot.

Edwards(D-146)
Escobar(D-43)
Farabee(D-69)
Frost(D-1)
Gonzalez Toureilles(D-35)
Guillen(D-31)
Homer(D-3)
Hopson(D-11)
King, Tracy(D-80)
Laney(D-85)
McReynolds(D-12)
Olivo(D-27)
Pickett(D-79)
Quintanilla(D-75)
Raymond(D-42)
Ritter(D-21)
Rose(D-45)

Mr. Raymond, now running for Congress, you represent at 50-50 district, in a county that voted below the state average. Your vote seems to be one of opportunity, so let me take this opportunity to say I will not aid or support your campaign for Congress against Henry Cuellar and Ciro Rodriguez.

Mr. Rose, it is with you I am most disappointed. While I know you have worked with the No Nonsense campaign in the past few months in working to defeat the amendment (either because you saw the light, or at least a political one), there is no amount of money or time that can counterbalance the fact that you voted to enable Prop 2 in the first place.

In fact, the three counties you represent, all voted below the state average on Prop 2 and were in the Top 20 counties in terms of their % NO vote on the Amendment. In fact, your home county, Hays, of 254 counties in Texas, was number 2 in the state behind Travis County in its percentage vote against Prop 2, with almost 42% casting a NO vote. I have donated to your campaign in each of your past 2 elections. Never again will your coffers be graced by a contribution from me.

Some Democrats 'had' to vote for it. I understand this. But of those 101 votes, only 2 had to cast a vote other than yes, even it if meant not casting a vote at all. The same goes for Senators Armbristor, Lucio, and Madla.

Midnight at the Capitol

By Karl-Thomas Musselman

Tonight, I stand on the first step of the Texas Capitol.

The doors are shut. The lights are off, save those brightening the dome atop of which Lady Liberty stands, star raised above her head. Looking south, the city before me, I feel as if I sit in an island, inside of an island, inside of a state which has just voted to amend its Bill of Rights, ironically to limit them against me.

My communities are with me. Students. My GLBT Family. My adopted city.

My state is not. Nor is the building which towers behind me.

And as I sit here, I sadly realize that we didn’t lose this fight by over one and half million votes. We lost it by two votes. Once in the Senate. Once in the House. And in each of those cases, we lost it by one vote and then by two…

But I can’t think about that right now. There’s nothing I can do. I thought I could expect more of my state, some degree of fairness, some degree of respect. But those ideas sputtered out tonight about twenty miles in any direction from where I now sit.

Lady Liberty, where are you?

I know you are in the people I have met along the way. You are in the stories scattered across this state, from gas stations in West Texas, to traveling moms, to the unification of the most passionate organizers I have had the pleasure of working with.

But maybe more importantly, Lady Liberty, you are in my parents. And most of all, you were in my father. I didn’t think that my greatest supporter in this would be the man from whom I hid this part of me the longest.

You gave him understanding. And you gave me acceptance of that understanding.

I fear this is not the last time I may be found standing in front of my Capitol. My only hope is that one day, I will stand here, look out across Texas, and know that Lady Liberty has not turned her back on us, but has waited for us to lift ourselves out of the darkness, and bask in the light of Liberty.

I'll be back and posting with results, data, and more in due time. Right now, I have plenty of classwork which needs attention. -kt

Prop 2 Turnout Data

By Karl-Thomas Musselman

I've managed to get ahold of some expanded information on Early Voting numbers beyond the top 15 counties.

Expanded Early Returns (excel)

Trend Chart (excel)

The latter shows something that I wasn't really expecting, which is how much Houston turnout may actually affect the statewide vote. On the last day of early voting, Harris County made a huge bounce and cast over 25,000 votes alone as evident on the "Trend" tab chart. In fact, the top 5 counties (including Dallas and Travis county where Prop 2 is expected to fail) are clearly separated from the rest of the Top 15 pack in that last day turnout bounce.

Final UT Prop 2 Polling Data

By Karl-Thomas Musselman

I'll be busy all day and through the night with election activities on campus. Returns will be available from the Secretary of State site tonight here. Polls will be open from 7am - 7pm today so be sure to go cast your votes against Amendment #2.

I know I havn't listed how I voted on all these issues, but honestly, you are safe voting against all the amendments, but for all the bond issues (if you live in Travis County that is). Below the fold is the final UT polling data, which is very encouraging.

"These statistics were one component of the Student Government Survey Research Agency's fall student survey. 2,465 students were polled and the margin of error is ± 2.0%. Full results are available on the Student Government website, www.utsg.org."

1. Overall support
* 26.9% FOR
* 73.1% AGAINST

2. Among registered (71.9%)
* 26.3% FOR
* 73.7% AGAINST

3. Among intended voters (46.3%)
* 21.5% FOR
* 78.5% AGAINST

4. By political affiliation
a. Very Liberal (9.5%)
* 2.1% FOR
* 97.9% AGAINST
b. Liberal (32.7%)
* 6.5% FOR
* 93.5% AGAINST
c. Moderate (32.1%)
* 25.0% FOR
* 75.0% AGAINST
d. Conservative (18.1%)
* 68.3% FOR
* 31.7% AGAINST
e. Very Conservative (4%)
* 95% FOR
* 5% AGAINST
f. Other (3.6%)
* 11.0% FOR
* 89.0% AGAINST

5. By gender
a. Female (55%)
* 22.6% FOR
* 77.4% AGAINST
b. Male (45%)
* 32.3% FOR
* 67.7% AGAINST

6. By ethnicity
a. White / Caucasian (64.7%)
* 27.2% FOR
* 72.8% AGAINST
b. Hispanic or Latino (13.4%)
* 24.4% FOR
* 75.6% AGAINST
c. African American / Black (2.9%)
* 34.4% FOR
* 65.6% AGAINST
d. Asian / Asian American (14.9%)
* 27.9% FOR
* 72.1% AGAINST
e. Native American (.5%)
* 63.6% FOR
* 36.4% AGAINST
f. Other (3.6%)
* 16.0% FOR
* 84.0% AGAINST

7. By college
a. Architecture (1.2%)
* 16.0% FOR
* 84.0% AGAINST
b. Business (12.9%)
* 35.7% FOR
* 64.3% AGAINST
c. Communications (10.0%)
* 21.9% FOR
* 78.1% AGAINST
d. Education (5.7%)
* 32.2% FOR
* 67.8% AGAINST
e. Engineering (13.6%)
* 33.8% FOR
* 66.2% AGAINST
f. Fine Arts (4.6%)
* 17.5% FOR
* 82.5% AGAINST
g. Geosciences (.9%)
* 20.0% FOR
* 80.0% AGAINST
h. Information (.8%)
* 17.6% FOR
* 82.4% AGAINST
i. Law (2.2%)
* 21.7% FOR
* 78.3% AGAINST
j. Liberal Arts (30.2%)
* 22.0% FOR
* 78.0% AGAINST
k. Natural Sciences (19.4%)
* 28.3% FOR
* 71.7% AGAINST
l. Nursing (1.7%)
* 38.9% FOR
* 61.1% AGAINST
m. Pharmacy (.8%)
* 31.3% FOR
* 68.8% AGAINST
n. Public Affairs (1%)
* 4.8% FOR
* 95.2% AGAINST
o. Social Work (1.4%)
* 6.7% FOR
* 93.3% AGAINST

State Numbers

By Karl-Thomas Musselman

The final Top 15 County Early vote numbers are now up on the Secretary of State's site.

405,718 total cast in the top 15 Counties with Liberal Travis County casting 10.5% of it's registered voters on the high end, and Jefferson County on the low end with 1.5%. Jefferson is home to many black voters who seem to be even more uninterested than the Hispanic border counties which are voting below the state average. In any other election, I'd be worried about that, but in this election, as has been stated by other conservative bloggers, many minorities are in favor of the amendment.

This election is less about party though. It's not a Democrat v. Republican issue. It's somewhat a liberal v. conservative one. But voting patterns are going to break much more along education and income lines than anything else. Which is why I'm not as worried about the upper end Republican areas casting more votes down in Houston as Greg noted today. It's partly because of them, as well as GLBT Montrose voters, that Prop 2 when polled, was failing by over 65% in Martha Wong's district the other week.

Note: We should see Harris County bump up its vote tomorrow, as it tend to prefer E-Day more so than the other most populous counties.

Hate Mail

By Karl-Thomas Musselman

Traditional Christian Values?

Yeah, I'll get right on defending those.

Lufkin Daily News: In this country, we need to move away from the morality issue of homosexuality, the "rightness" or "wrongness," of this issue. It is the "hate the sin, but love the sinner approach," except that the hate always precedes the love. It is the unpardonable sin of homosexuality, not blasphemy, according to social conservatives, but curiously ironic, not the "judge not, lest you be judged" mentality. The speck in your eye is always bigger than the plank in mine, so forgo the Bible verses on the sin of homosexuality.

Dustin of Odessa, TX
in supporting the amendment had this to say:

"I HATE FAG's...kiss my ass you fucking homo's!" Interesting apostrophe use there...

Barbara of Keller, TX
in supporting the amendment had this to say:

"Stop spreading AIDS you idiots! You willing aggressively spread AIDS...Drop dead NOW and spare a few!"

Alvin L. of Amarillo, TX
in supporting the amendment had this to say:

"Please do NOT send me any more of your junk-please no more gay stuff I pray that same-sex marriage will never be-Praise God and I pray you will fine Jesus and he will save you from your gay sins."

Voter Turnout

By Karl-Thomas Musselman

Turnout appears that it will tick up this election cycle, with the Secretary of State projecting 16% statewide. The big question I have is if the boost in early returns that we've seen is going to mean a boost in Election Day turnout as well, or if it's part of a continuing shift of voters voting early rather than on E-Day.

Longview News Journal: – Gregg County – 5,719 residents cast a ballot during the early voting. That's 2,144 more than in the 2003 election during the early voting period. Two years ago at the end of early voting, 3,575 people had cast a vote. The total count for that election was 9,551 votes.

– Harrison County – 2,370 people cast a vote from Oct. 24 to Friday and 80 more people are expected to mail in ballots, increasing the number to 2,450. In 2003, the county had 1,615 residents cast a ballot during early voting, and a total of 4,539 people voted in that amendment election.

– Rusk County – 1,778 residents cast a ballot during early voting, and the county expects to receive about 50 more mail-in ballots, bringing this year's early voting total to about 1,828. This year's early voting total is twice as high as it was two years ago, when 958 residents cast a ballot. The final total for the 2003 election was 3,750.

Wichita: As opposed to previous constitutional amendment elections, this particular one is seeing good turnout, according to Lori Bohannon, county clerk. She said, as of Thursday, 4,508 registered voters cast an early ballot by mail or at various countywide polling places.

Compared to the voter turnout for the 2003 constitutional election that total looks rather optimistic. Only 9,427 voters cast ballots out of approximately 60,000 registered voters in that election, Bohannon said in a previous election.

Actually, all this turnout isn't for Prop 2 at all. It's for the "Champions of the Republic" plaque that Secretary of State Roger Williams is giving as a prize to high turnout counties. But this quote about Waco turnout is the one that I think speaks truth to all of the talk about turnout. The question is who is turning out, and when? Is it a boost in voters (for sure in many areas) or a shift in voters casting early votes?

Waco: The higher turnout – 4,094 to 3,300 – comes as residents consider a proposed ban on gay marriage and eight lower profile changes to the Texas constitution.

The heavier traffic, based in part on extra days of early voting, is not a clear indication that more people will cast ballots by the end of election day on Tuesday, McLennan County elections administrator Kathy Van Wolfe said.

Based on the 2004 presidential election and other recent elections, Van Wolfe said, "We're seeing the same amount of people show up, but it's a trend to get started earlier."

More turnout numbers in the extended entry.

Tyler: Gauging from the turnout so far, early voting numbers could break previous records, she said.

"So far, the vote totals are well above the constitutional election in 2003," she said. "It will probably at least come close to an early voting record for this kind of election."

In 2003, 2,976 early votes were cast. With two of the heaviest days remaining in this early voting cycle, Mrs. Patterson reports that 2,957 have been cast.

Also, the number of requests for ballots by mail was up; in 2003, 85 ballots were sent out. This year, that number rose to 212.

Denton County: Based on early voter turnout, officials estimate 50,000 Denton County residents will show up to cast their ballots through election day, said Denton County Elections Administrator Don Alexander...

By comparison, only 21,959 votes were recorded during the 2003 election, which included 22 proposed amendments to the Texas Constitution. In 2001, only 8,489 votes on 19 proposed amendments were recorded.

Austin Area: In Travis County, 8.3 percent of registered voters had cast a ballot by the end of the day Thursday, compared with 4 percent in all of the state's 15 most populous counties, according to the most recent data available from the secretary of state's office. That figure is indicative of statewide trends because 60 percent of the state's residents live in those counties, officials said.

In Williamson County, 7.4 percent of registered voters had cast a ballot by the end of the day Thursday, and in Hays County, 5.1 percent of registered voters had done so.

Fredericksburg: As of 4 p.m. yesterday, Tuesday, 1,272 in-person and mail ballots had been tabulated by County Clerk Mary Lynn Rusche’s staff since early voting got underway Oct. 24... By the time early balloting wraps up at 4 p.m. Friday, the 2005 vote count is expected to easily exceed the total 1,339 early ballots cast in the 2003 state constitutional amendment election.

Step Back, Step Forward

By Karl-Thomas Musselman

If passed, Proposition 2 would be the 434th Amendment to the Texas Constitution. If passed, Texas would become the 19th state to amend it's constitution to ban gay marriages.

That, says The Economist, is a step backward, to the time when the constitution banned idiots and lunatics.

Banning idiots and lunatics...might make the Texas Legislature a lonely place.

“Your kind and the trash should both burn in hell”

By Karl-Thomas Musselman

No, it's not an angry letter or the KKK, it was a note attached to a bag of trash left on the doorstep of Associated Student Government Senator Jeff Moody down at Texas State. Their Student Government has recently passed a resolution against Proposition 2 and Moody was one of 16 who voted in favor of passage (10 opposed the resolution).

Quoted in the article was also a comment that turnout in San Marcos among students had been outstanding (as it has here at UT, we should pass 5000 total early votes today).

San Marcos Daily Record: "It is the perfect platform. We as ASG senators are there as student leaders to represent and protect every student, not just the minority. If we only allow ourselves to debate items that are not controversial and that every single person agrees with whatever the outcome may be, then we might as well disband and not even have a meeting."

Moody said he joined 16 other student senators voting to approve the resolution opposing the amendment. Ten student senators voted against the resolution and one abstained.

As for the bag of trash on his doorstep, Moody didn't report it, and brushes the incident off as childish behavior.

"I have had an extraordinary amount of positive feedback from students, faculty and even community members," he said. "People who play such childish games are not worth my time."

We are now less than 20 hours away from the Ku Klux Klan here in Austin. I will be joining the No Nonsense campaign at 1 pm on the 1st Street Bridge, which will be blocked off for the purpose of their counter demonstration.

Catholics Speak Out on Prop 2

By Phillip Martin

An extremely well-written, well-reasoned column in the San Antonio Express News appeared in today's paper, written by Catholics concerned with the human and civil rights implications of Prop 2. Here is a sample:

We acknowledge that in Catholic doctrine marriage is between a man and a woman. But the proposition goes far beyond that in a way that deeply troubles us.

We are gravely concerned that this proposition, by making it constitutional law that civil authorities may not recognize any legal status similar to marriage, will make it possible to deny certain civil and/or human rights to people with strong and lasting personal bonds who are not a man and a woman united in marriage.

For this reason, we are compelled by our sense of integrity, our nation's tradition of equitable laws and our Catholic faith to ask voters to seriously ponder that this amendment potentially threatens the civil rights of all unmarried people in significant domestic relationships and is unjust and discriminatory.

Further, this amendment apparently does nothing to protect the existing institution of marriage.

Our bishops have asserted that "the Church's teaching about the human dignity of every person, including homosexuals, is also clear and strong. Homosexual persons are to be treated with respect and compassion. Our respect for them means we condemn all forms of unjust discrimination, harassment or abuse," in "Catholic Bishops of Texas on Proposition 2."

As a Catholic, I found this column very real to my own personal concerns. Balancing my personal and political convictions can be an extremely difficult task, and the decisions I make on some of the tougher political issues in this state and this country can be strenuous. However, I'm grateful that I'm afforded the struggle of my decision, since my own faith does not demand absoulte conformity. The issue of human and civil rights is just as important, to me, as the issue of holy matrimony, and I rejoice that my faith enourages me to pray and discover my own voice and my own choice with the assistance of God's wisdom.

This article does a remarkable job articulating the very real, very serious human and civil rights implications of Prop 2. I appreciates its honesty, and commend those who worked, thought, and prayed as they wrote it.

2 Letters Against Prop 2

By Karl-Thomas Musselman

Following are two letters, one of them mine, the other Glen Maxey's, that we have sent to friends, family, teachers, and those that we hardly ever send things to. Think about writing a letter and e-mail yourself, the responses you get back are some of the most fulfilling things to read, and remember, a personal plea to vote is one of the most effective ways to get people to the polls.

If you can't do that, donate to the last round of campaign calls that will go out before the election. They cost a nickel a call. Spare your brothers a dime.

Dear Friends,

It is not often that I contact you all together about the issues or projects that I am working on, unless of course you are on some listserv that I webmaster, in which case you get contacted far too much. But today I am asking you to do something so basic, so easy, but so critical I cannot express how important it is.

I'm asking you to Vote and to Vote Against Constitutional Amendment #2, the Marriage Amendment.
If you live in Austin, Vote Early on campus at the FAC/UGL, 7a-7p until this Friday the 4th.
Election Day is then on Nov 8th.

And then I'm asking you to take 5 minutes of your time to pass this message on, either in my words or preferably your own.

I know it's wrong to expect others to make my issue their issue. But this isn't my issue. This is our issue. It's an issue for each and every one of you who reads this and this is the only time when we are going to be able to do anything about it. There is no second chance. If it passes, it stays for a century. It won't be repealed in my lifetime. And I keep thinking about that and realize that is what makes this different. You have got to care this once, because this once is all we get.

It makes me cry sometimes. The dedication and love and energy of our straight allies in this… I know why I'm fighting. I think I know why they are fighting, too.

There are 10 days left… 10 short days until I find out if my state will choose to constitutionally define me as a second-class person.

I must fight. I hope you will too.

Vote and remind your friends,
Karl-Thomas Musselman

A Personal Plea from Glen Maxey.

You’ve known me for a long while. I’ve been a State Representative, a Democratic Party activist and a Party consultant. I hope you know me as a vocal spokesperson for the ideals of the Democratic Party, for social justice, for the underdog and the little guy.

I also happen to be a gay man who cares deeply about my relationship.

Today, I’m sending you this note and this request on a very personal matter. I need you to be a spokesperson for me. I need you to speak out for me and the thousands of your neighbors across Texas who will be permanently made second class citizens if Proposition 2 passes and is placed in the Bill of Rights.

It’s a daily experience for many of us dealing with the “little things” that everyone else takes for granted in their heterosexual relationships. Sometimes, for us, it turns tragic. It affects everything about our lives.

I’ve stood in the emergency room, partner unconscious, me in tears, trying to convince an uncaring desk clerk that I had a right to be there. I’ve gone into hundreds of thousands of dollars of debt paying for health care of a partner who I cannot put on my insurance policy. And I even have to go through the hassle and cost of doing a legal document just so that a partner can bury my body when I die.

You might take for granted the 1,130 rights and responsibilities heterosexual folks get when they pay for that marriage license. I have lived through the horror of not having those same rights.

So I have two simple requests: Please vote. People’s lives depend on it.

Help me send messages to Democrats across Texas on Monday telling them to vote. Send Rick Perry, the Republicans in the Legislature, and the hate mongers and religious zealots a message by helping us have a huge turnout of Democrats on Tuesday.

Donate here: Donate

An automated call costs a nickel. Donate $100 and tell 2500 Democrats to vote. Donate $10 and tell 250. Please help.

Call my office at 512-443-2004 if I can pick up a check or have a local campaign person do so. You can mail a check to: No Nonsense, 512 E Riverside Dr Ste 203, Austin Tx 78704.

Thank you,
Glen

Limited Ballot

By Karl-Thomas Musselman

I was just alerted to a fantastic opportunity for those of you who are not yet registered to vote in Travis County:

LIMITED BALLOT

If you were previously registered in a Texas County and have not registered to vote in Travis County, you may be eligible to vote a Limited Ballot. Limited ballots are available only during the Early Voting period, Monday, October 24 – Friday November 4, 2005, at the main Early Voting location at 5501 Airport Boulevard. For the November 8, 2005, Joint Special Elections, a person voting a limited ballot is entitled to vote only on statewide propositions.

To vote a limited ballot, a voter:

§ Has moved to Travis County from another Texas county

§ Was a registered voter in the county of former residence when the voter moved to Travis County

§ Has completed an Application for Limited Ballot and submitted the Application to the Travis County Elections Division.

Constitutional Amendments are statewide elections so you can vote AGAINST Constitutional Amendment #2 at the Travis County Elections Division Office (also the Tax Office on Airport Blvd...on the way to Highland Mall from campus) even if you are not a Travis County voter! They request that you call ahead at 512.854.4996 to let them know you are coming. Remember, you can only take advantage of this opportunity until Early Voting ends on Friday.

Please remember just how important this election is in the fight for equality.

How to Oppose the Klan

By Karl-Thomas Musselman

The worst thing that those of us here in Austin could do is make a big violent mess out of the Ku Klux Klan's arrival at City Hall this Saturday. While some plan a second mooning of the Klan, if you really want to be useful, I'd suggest joining the No Nonsense in November campaign starting at 1pm this Saturday at Auditorium Shores (South 1st and Riverside Drive map) and then walk peacefully out to the middle of the 1st Street Bridge where the march will halt in silent, watchful protest, within auditory and visual contact of City Hall. Join us there between 1-3 PM.

This will be yet another turning point for the campaign, and the Klan's arrival almost guarantees state and national media interest. We gain little in rioting. We gain so much more in non-violent protest, standing strong, sending our message, and proving that the true repository of hate lies with the KKK and the supporters of this Amendment.

The campaign's official remarks are below the fold.

1. Fair-minded Texans are encouraged to gather at Auditorium shores and the southern entrance to the First Street Bridge for brief introductory remarks by rally leaders.

2. All those in attendance will be given posters, signs and other messages designed by our staff with nonviolent language consistent with our campaign message, balloons, etc. There is no need to bring anything with you. (If you bring hand made signs, please remember we are doing this for statewide TV coverage IN OPPOSITION to Amendment #2. Please DO NOT exhibit hate or anger messages toward the Klan. Let the Klan speak for themselves.)

3. When instructed by our leaders, we will walk in unity to the middle of the bridge over the river. This will be a silent walk and protest. We will not yell, call out, or otherwise respond vocally to any of the speaker's antigay comments. In keeping with the Soulforce principles taught by Gandhi & Martin Luther King, Jr., we will instead "absorb the suffering" without responding in any manner that could be perceived as violent or aggressive. Your presence, the truth of your life, and the beautiful photo images, we believe, will challenge the speaker's antigay statements in a way more powerful than any words.

Please note: If you do not feel emotionally ready to be involved in such an action without reacting in anger, we respectfully ask that you decline participating in this peaceful response. Any action that could be perceived as aggressive or violent by the media would actually work in favor of the Ku Klux Klan.

In fact, a representative for the American White Knights of the Ku Klux Klan wrote: ". . . 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."

Again, this will be a peaceful counter-protest and we will refrain from any actions, words, or signage that could be misperceived as violent or hateful. Glen Maxey and/or his designee will answer questions by the media.

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

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)

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?

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.

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 da