With new rules, the Texas GOP seeks to keep its elected officials in line

The state party plans to limit primaries to registered Republicans and keep elected officials it censured off the ballot. It’s unclear if it can without legislative approval.

By James Barragán, The Texas Tribune

Republican voters in Texas sent a strong message this primary season about their expectations for ideological purity, casting out 15 state House GOP incumbents who bucked the grassroots on issues like school vouchers or the impeachment of Attorney General Ken Paxton.

At the same time this spring, the party itself has been making moves beyond the ballot box to keep its elected officials in line.

At its biennial convention last month, the Texas GOP tried to increase its party purity by approving two major rules changes: One would close the Republican primary elections so that only voters the party identifies as Republicans can participate. The other would bar candidates from the primary ballot for two years after they had been censured by the state party.

Jon Taylor, a political science professor at the University of Texas at San Antonio, said the moves are clear political shots by the increasingly dominant right wing of the party to root out dissenters and shape the party in its image.

“It says something about this battle, this civil war that’s broken out in the Republican Party of Texas that one side has gotten so concerned that they haven't been able to solidify their control of the party that they want to close their primary,” he said.

But the ideas have drawn pushback from inside and outside the party, with many questioning whether the GOP has the power to enact them without action from the state Legislature.

James Wesolek, a spokesperson for the Republican Party of Texas, said the party will be pursuing the policies regardless. He added that “an overwhelming majority” of Republican voters supported the ideas when they were included as propositions in the GOP primary this year.

“We hope the legislature takes action, but we will move forward as our rules dictate,” Wesolek said in an email last week.

Questions remain about how that would work.

Eric Opiela, a longtime Republican who previously served as the state party’s executive director and was part of the rules committee at this year’s convention, said moving forward on closing the primary without legislative action would lead to legal challenges.

Because party primaries are publicly financed and perform the public service of selecting candidates for elected office, they must adhere to the state’s election law, said Opiela, who has also served as a lawyer for the state party.

Currently, any voter can participate in a Democrat or Republican primary without having to register an affiliation. Without a change to state law, the Texas GOP could open itself to liability if it barred voters from participating in its primary elections, Opiela said.

Under the rules approved by the GOP, a voter would be eligible to cast a ballot in a primary if they voted in a GOP primary in the past two years or submitted a “certificate of affiliation with the Republican Party of Texas” prior to the candidate filing period for that election. They also could register with the state party, though the party hasn’t yet unveiled a process to do so.

A voter under 21 could also vote in the primary if it were their first primary election.

But critics are concerned that the party is underestimating the amount of work required to vet a person’s voting history. And Opiela also said that there are concerns about how to provide proper notification to new voters, especially military voters, who might have recently moved into the state and are not covered under the proposal as written. He said such concerns are why these changes should be left to the Legislature, where lawmakers can consider obstacles to implementation and come up with solutions.

“I don’t know that the process was given much thought,” said Opiela. “Those of us who have run an election know that this isn’t easy to pull off.”

Texas is among 15 states that currently have open primaries, according to the National Conference of State Legislatures. Ten states currently have closed primaries.

Closed primaries are a particularly hot topic in the GOP due to frustration among some in the conservative grassroots over House Speaker Dade Phelan’s primary runoff victory.

Phelan oversaw the passage of major conservative victories including restricting abortion and loosening gun laws in recent years. But he has become a target of the hard right for failing to pass school voucher legislation, appointing some Democrats to chair legislative committees and presiding over the impeachment of Paxton, who is a darling of the hard right.

He finished second in his March primary, but won his primary runoff against right wing candidate David Covey by fewer than 400 votes. Covey and his supporters blamed Phelan’s victory on Democratic voters who crossed over into the GOP primary runoff to vote for Phelan.

It’s difficult to say whether that’s true; Texas doesn’t track party registration. About 4% of the people who voted in the GOP primary this year had most recently voted in the Democratic primary, according to data compiled by elections data expert Derek Ryan, a Republican. But party leaders, such as recently departed party Chair Matt Rinaldi, have pointed to the Phelan race as a reason for a need for change.

“The time is now for Republicans to choose our own nominees without Democrat interference,” Rinaldi said in May.

Taylor, the UTSA professor, said the push to close the primaries was in line with the right wing’s push to force GOP candidates to follow the party line.

“You’re engaging in a form of ideological conformity, you’re demanding 100% fealty to the party,” he said.

But Daron Shaw, a political science professor at the University of Texas, pushed back against those crying foul.

“It is completely unclear to me how it is the ‘right’ of a voter in Texas, particularly one that does not identify as a Republican, to vote in the selection of Republican candidates,” he said. “Ultimately, a party is a private association and if it chooses to select extreme candidates, then presumably the general electorate will react accordingly.”

The rule to bar candidates who had been censured by the state party has also been met with skepticism.

Opiela said that if a candidate turned in an application that otherwise met the requirements for running for office, a court would likely order the party to allow the candidate on the ballot. He also said the provision could open up precinct and county chairs to criminal liability for rejecting applications that met the requirements.

The state party rule tries to cover for that potential liability by stating it would provide legal representation for any party official who is sued for complying with the rule.

Asked by The Texas Tribune to assess the legality of the idea, Rick Hasen, a UCLA professor and election law expert, called it “dicey.”

Taylor, from UTSA, said the move was also a pretty transparent message to elected officials like Phelan and U.S. Rep. Tony Gonzales to fall in line. Phelan was censured in February for overseeing Paxton’s impeachment and appointing Democrats as committee chairs. Gonzales was censured for supporting a bipartisan gun law in the wake of the 2022 Uvalde shooting, which occurred in his district, and his vote for a bill that codified protections for same-sex marriage.

The censure rule in particular has been denounced as undemocratic, an increasingly common criticism from the GOP’s loudest critics. At the same party convention, the state party changed its platform to call for a new requirement that candidates for statewide office must also win a majority of votes in a majority of Texas’ 254 counties to win office, a model similar to that of the U.S. Electoral College.

That proposal, which represents the official position of the party but does not have any power of law, has been panned as unconstitutional.

“There’s a very good argument that such a system would violate the Constitution as interpreted by the Supreme Court,” Hasen said.

Under the proposal, the 4.7 million residents of Harris County would have the same voting power as the 64 residents of Loving County.

“It’s basically a tyranny of the minority,” Taylor said. “This is designed to potentially go a step further in nullifying the concept of one person-one vote.”

The proposals come even as the GOP has dominated Texas politics for decades, and the hardline conservative movement continues to grow its influence. Brian W. Smith, a political science professor at St. Edward’s University in Austin, questioned the moves on a political level.

“Texas is already gerrymandered to elect ideologically pure candidates. We’re not seeing a lot of Republicans or Democrats moving to the middle to attract a broad swath of voters,” he said. “The Dade Phelans of the world are not winning because of independents or Democrats, they’re winning because they’re more popular among Republicans than their opponents.”

Campaign Action

Tracking URL: https://www.texastribune.org/2024/06/10/texas-republican-closed-primaries-rule-changes/

At Texas GOP convention, Republicans call for spiritual warfare

By Robert Downen, The Texas Tribune

From his booth in the exhibit hall of the Texas GOP’s 2024 convention, Steve Hotze saw an army of God assembled before him.

For four decades, Hotze, an indicted election fraud conspiracy theorist, has helmed hardline anti-abortion movements and virulently homophobic campaigns against LGBTQ+ rights, comparing gay people to Nazis and helping popularize the “groomer” slur that paints them as pedophiles. Once on the fringes, Hotze said Saturday that he was pleased by the party's growing embrace of his calls for spiritual warfare with “demonic, Satanic forces” on the left.

“People that aren’t in Christ have wicked, evil hearts,” he said. “We are in a battle, and you have to take a side.”

Those beliefs were common at the party’s three-day biennial convention last week, at which delegates adopted a series of new policies that would give the party unprecedented control over the electoral process and further infuse Christianity into public life.

Delegates approved rules that ban Republican candidates—as well as judges—who are censured by the party from appearing on primary ballots for two years, a move that would give a small group of Republicans the ability to block people from running for office, should it survive expected legal challenges. The party’s proposed platform also included planks that would effectively lock Democrats out of statewide office by requiring candidates to win a majority of Texas’ 254 counties, many of which are dark-red but sparsely populated, and called for laws requiring the Bible to be taught in public schools.

From left: Conservative activists Steven Hotze and Jared Woodfill enter the Senate gallery during the afternoon session of Day 1 of the Ken Paxton impeachment trial in the Texas Senate on Sept. 5, 2023.

Those moves, delegates and leaders agreed, were necessary amid what they say is an existential fight with a host of perceived enemies, be it liberals trying to indoctrinate their children through “gender ideology” and Critical Race Theory, or globalists waging a war on Christianity through migration.

Those fears were stoked by elected officials in almost every speech given over the week. “They want to take God out of the country, and they want the government to be God,” Lt. Gov. Dan Patrick said Thursday morning.

“Our battle is not against flesh and blood,” Sen. Angela Paxton, Republican of McKinney, said Friday. “It is against the spiritual forces of evil in the heavenly realms.”

”Look at what the Democrats have done,” U.S. Sen. Ted Cruz, Republican of Texas, said Saturday. “If you were actively trying to destroy America, what would you do differently?”

Controlling elections

The Texas GOP’s conventions have traditionally amplified the party’s most hardline activists and views. In 2022, for instance, delegates approved a platform that included calls for a referendum on Texas secession; resistance to the “Great Reset,” a conspiracy theory that claims global elites are using environmental and social policies to enslave the world’s population; proclamations that homosexuality is an “abnormal lifestyle choice”; and a declaration that President Joe Biden was not legitimately elected.

The 2024 convention went a step further.

It was the first Texas GOP convention set against the backdrop of a civil war that was sparked by the impeachment of Attorney General Ken Paxton and inflamed by scandals over white supremacists and antisemites working for the party’s top funders, West Texas oil billionaires Tim Dunn and Farris Wilks. This year’s convention was also sparsely attended compared to past years, which some longtime party members said helped the Dunn and Wilks faction further consolidate their power and elect their candidate, Abraham George, for party chair.

Lt. Gov. Dan Patrick speaks during the Texas GOP Convention on Thursday, May 23, 2024 in San Antonio.

“What we're seeing right now is a shift toward more populism,” said Summer Wise, a former member of the party’s executive committee who has attended most conventions since 2008, including last week’s. “And the [party’s] infrastructure, leadership, decision-making process, power and influence are being controlled by a small group of people.”

That shift was most evident, she said, in a series of changes to the party’s rules that further empower its leaders to punish dissent. The party approved changes that would dramatically increase the consequences of censures—which were used most recently to punish House Speaker Dade Phelan for his role in impeaching Paxton, and against U.S. Rep. Tony Gonzales for voting for gun safety legislation.

Under the changes, any person who is censured by the party would be banned for two years from appearing on GOP primary ballots—including judges, who are elected in partisan races but expected to be politically neutral once on the bench. The party also voted to unilaterally close its primaries, bypassing the Legislature, in a move intended to keep Democrats from voting in Republican primaries.

“It’s pretty hypocritical,” Wise said of the changes, which legal experts and some party members expect will face legal challenges. “Republicans have always opposed activist judges, and this seems to be obligating judges to observe and prioritize party over law—which is straight-up judicial activism.”

The convention came amid a broader embrace of Christian nationalism on the right, which falsely claims that the United States’ founding was God-ordained and that its institutions and laws should reflect their conservative, Christian views. Experts have found strong correlations between Christian nationalist beliefs and opposition to migration, religious pluralism and the democratic process.

Wise said she has seen parts of the party similarly shift toward dogmatic political and religious views that have been used “to justify or rationalize corrupting the institution and stripping away its integrity, traditions, fundamental and established principles"—as if “‘God wants it, so we can rewrite the rules.’”

“Being Republican and being Christian have become the same thing,” she said. “If you're accused of being a (Republican in Name Only), you're essentially not as Christian as someone else. … God help you if you're Jewish.”

The “rabbit hole”

Bob Harvey is a proud member of the “Grumpy Old Men’s Club,” a group in Montgomery County that he said pushes back against Fox News and other outlets that he claims have been infiltrated by RINOs.

“People trust Fox News, and they need to get outside of that and find alternative news and like-minded people,” Harvey, 71, said on Friday, as he waited in a long line to meet Kyle Rittenhouse, who has ramped up his engagement in Texas politics since he was acquitted of homicide after fatally shooting two Black Lives Matter protesters.

Texas Attorney General Ken Paxton and his wife, state Sen. Angela Paxton, wave to attendees during the Republican Party of Texas convention in San Antonio on Thursday, May 23, 2024.

Rather, Harvey’s group recommends places such as the Gateway Pundit, Steve Bannon’s Breitbart News or the Epoch Times, a far-right website that also had a booth at this year’s convention and is directly linked to the Falun Gong, a hardline anti-communist group.

Such outlets, Harvey said, are crucial to getting people “further down the rabbit hole,” after which they can begin to connect the dots between the deep-state that has spent years attacking former President Donald Trump, and the agenda of the left to indoctrinate kids through the Boy Scouts of America, public schools, and the Democratic Party.

Harvey’s views were widely-held by his fellow delegates, many of whom were certain that broader transgender acceptance, Critical Race Theory, or “diversity, equity and inclusion” initiatives were parts of a sinister plot to destroy the country and take over its churches.

The culprits behind the ploy differed—Democrats, socialists, or “globalists,” to name a few. But their nefarious end goals loomed over the convention. Fearing a transgender takeover of the Republican Party of Texas, delegates pushed to explicitly stipulate that the party’s chair and vice chair must be “biological” men or women.

At events to recruit pastors and congregations to ramp up their political activism, elected leaders argued that churches were the only thing standing between evil and children. And the party’s proposed platform included planks that claim gender-transition care is child abuse, or urge new legislation in Texas that's "even more comprehensive" than Florida’s so-called “Don’t Say Gay” law, which prohibits the teaching of sexual orientation or gender identity in public schools.

“Our next generation is being co-opted and indoctrinated where they should have been educated,” Rep. Nate Schatzline, Republican of Fort Worth, said at a Friday luncheon for pastors and churches. “We are in a spiritual battle. This isn't a political one.”

Kyle Rittenhouse shakes hands with conventioneers at a meet and greet during the Texas GOP convention on Thursday in San Antonio.

For at least a half-century, conservative Christian movements have been fueled by notions of a shadowy and coordinated conspiracy to destroy America, said Mark Chancey, a religious studies professor at Southern Methodist University who focuses on movements to put the Bible in public schools.

“It's like the boogeyman that won't go away, that gets summoned whenever a justification is needed for these types of agendas,” he said. “They say that somebody is threatening quintessential American freedoms, and that these threats are posed by some sort of global conspiracy—rather than just recognizing that we're a pluralistic democracy.”

In the 1950s, such claims were the driving force behind the emergence of groups such as the John Birch Society, a hardline anti-communist group whose early members included the fathers of conspiracy theorist Alex Jones and Trump. After decades of dwindling influence, the society has seen a revival since Trump's 2016 election. And in the exhibit hall last week, so-called Birchers passed out literature and pamphlets that detailed the New World Order's secret plans for "world domination."

Steve Oglesby, field director for the Birch Society's North Texas chapter, said interest and membership in the group has been on the rise in recent years—particularly, as COVID-19 lockdowns and international climate change initiatives have spurred right-wing fears of an international cabal working against the United States.

"COVID really helped," he said, adding that the pandemic proved the existence of a global elite that has merely shifted its tactics since the 1950s. “It’s not just communism—it’s the people pulling the strings.”

Throughout the week, prominent Republicans invoked similar claims of a coordinated conspiracy against the United States. On Friday, Patrick argued that a decadeslong decline in American religion was part of a broader, “Marxist socialist left” agenda to “create chaos,” including through migration—despite studies showing that migrants are overwhelmingly Christian. Attorney General Ken Paxton echoed those claims in his own speech minutes later, saying migration was part of a plan to "steal another election."

“The Biden Administration wants the illegals here to vote,” he said.

As Paxton continued, Ella Maulding and Konner Earnest held hands and nodded their approval from the convention hall’s front row. Last year, the two were spotted outside of a Tarrant County office building where Nick Fuentes, a prominent white nationalist and Adolf Hitler fan, was hosted for nearly seven hours by Jonathan Stickland, then the leader of Dunn and Wilks' most powerful political action committee. They eventually lost their jobs after The Texas Tribune reported on their ties to Fuentes or white nationalist groups.

Ella Maulding and Konner Earnest watch as Lt. Gov. Dan Patrick speaks during the Republican Party of Texas convention in San Antonio on Thursday, the first day of the gathering.

Maulding has been particularly vocal about her support for Great Replacement Theory, a conspiracy theory that claims there is an intentional, often Jewish-driven, effort to replace white people through migration, LGBTQ+ acceptance or interracial marriage. Once a fringe, white nationalist worldview, experts say that Great Replacement Theory has been increasingly mainstreamed as Republican leaders, including some who spoke last week, continue to claim that migration is part of a coordinated effort to aid Democrats. The theory has also been cited by numerous mass shooters, including the gunman who murdered 22 Hispanic people at an El Paso WalMart in 2019.

Five hours after Paxton and Patrick spoke, Maulding took to social media, posting a cartoon of a rabbi with the following text: “I make porn using your children and then make money distributing it under the banner of women’s rights while flooding your nation with demented lunatics who then rape your children.”

David Barton

Kason Huddleston has spent the last few years helping elect Christians and push back against what he believes is indoctrination of children in Rowlett, near Dallas. Far too often, he said, churches and pastors have become complacent, or have been scared away from political engagement by federal rules that prohibit churches from overt political activity.

Through trainings from groups like Christians Engaged, which advocates for church political activity and had a booth at this year’s convention, he said he has been able show more local Christians that they can be “a part of the solution” to intractable societal ills such as fatherlessness, crime or teen drug use. And while he thinks that some of his peers’ existential rhetoric can be overwrought, he agreed that there is an ongoing effort to “tear down the family unit” and shroud America’s true, Christian roots.

David Barton, left, of WallBuilders, at a Texas Eagle Forum reception at the Republican Party of Texas convention in Fort Worth on June 7, 2012.

“If you look at our government and our laws, all of it goes back to a Judeo-Christian basis,” he said. “Most people don’t know our true history because it’s slowly just been removed.”

He then asked: “Have you ever read David Barton?”

Since the late 1980s, Barton has barnstormed the state and country claiming that church-state separation is a “myth” meant to shroud America’s true founding as a Christian nation. Barton, a self-styled “amateur historian” who served as Texas GOP vice chair from 1997 to 2006, has been thoroughly debunked by an array of historians and scholars—many of them also conservative Christians.

Despite that, Barton’s views have become widespread among Republicans, including Patrick, Texas Supreme Court Justice John Devine and U.S. House Speaker Mike Johnson. And his influence over the party was clear at last week’s convention, where his group, WallBuilders, maintained a booth and delegates frequently cited him.

This year’s platform, the votes for which are expected to be released later this week, included planks that urged lawmakers and the State Board of Education to “require instruction on the Bible, servant leadership and Christian self-governance,” and supports the use of religious chaplains in schools—which was made legal under a law passed by the state Legislature last year.

Warren Throckmorton, a former Grove City College professor and prominent conservative, Christian critic of Barton, told the Tribune that the platform emblematized Barton’s growing influence, and his movement’s conflicting calls to preserve “religious liberty” while attempting to elevate their faith over others. The platform, he noted, simultaneously demands that students’ religious rights be protected, and for schools to be forced to teach the Bible.

“What about the other students who aren’t Christians and who don't believe in the Bible?” he said. “This is not religious liberty—it’s Christian dominance.”

As Zach Maxwell watched his fellow Republicans debate and vote last week, he said he was struck by the frequency and intensity with which Christianity was invoked. Maxwell previously served as chief of staff for former Rep. Mike Lang, then the leader of the ultraconservative Texas House Freedom Caucus, and he later worked for Empower Texans, a political group that was funded primarily by Dunn and Wilks.

He eventually became disillusioned with the party’s right wing, which he said has increasingly been driven by purity tests and opposition to religious or political diversity. This year’s convention, he said, was the culmination of those trends.

“God was not only used as a tool at this convention, but if you didn’t mention God in some way, fake or genuine, I did feel it was seen as distasteful,” he said. “There is a growing group of people who want to turn this nation into a straight-up theocracy. I believe they are doing it on the backs of people who are easily manipulated.”

Campaign Action

Tracking URL: https://www.texastribune.org/2024/05/28/texas-gop-convention-elections-religion-delegates-platform/

Morning Digest: A Supreme Court majority is on the line in Montana this fall

The Morning Digest is compiled by David Nir, Jeff Singer, and Stephen Wolf, with additional contributions from the Daily Kos Elections team.

Subscribe to The Downballot, our weekly podcast

Leading Off

MT Supreme Court: Conservatives have a chance to take a majority on Montana's Supreme Court in November thanks to the retirements of two liberal justices. However, a high-profile battle looms as progressives seek to defend a court that has long stood as a defender of democracy and abortion rights.

The race to replace Mike McGrath as chief justice has drawn the most attention to date. Three candidates are running in Tuesday's officially nonpartisan primary, though each party has coalesced around a single choice. (The top two vote-getters will advance to a November faceoff.)

Democrats are united behind former federal Magistrate Judge Jerry Lynch while the Republican establishment is backing Broadwater County Attorney Cory Swanson. The third entrant, criminal defense attorney Doug Marshall, doesn't seem to be running a credible campaign (he's said he might vote for Swanson).

The contest to succeed Dirk Sandefur, an associate justice, is arrayed similarly. The two main candidates are both trial court judges: Judge Katherine Bidegaray, the consensus Democratic pick, serves five counties in the eastern part of the state, while Judge Dan Wilson, the top choice of Republicans, has jurisdiction in Flathead County in Montana's northwestern corner.

A former Republican state lawmaker, Jerry O'Neil, is also running, but he's currently challenging the state's eligibility rules because he's not a member of the bar.

The four top contenders have all banked similar sums, between about $80,000 and $100,000, as of the most recent fundraising reports that run through mid-May. (Marshall and O'Neil have reported raising almost nothing.) Those totals in part reflect Montana's relatively low donation caps, which top out at $790.

But outside spending is sure to dwarf whatever the candidates put in. In 2022, when just a single seat on the court was seriously contested, third parties on both sides combined to spend at least $3 million—a huge sum given the state's small population—and very likely more. (The Montana Free Press said that figure was "almost certainly an undercount" due to errors in campaign finance filings.)

In that race, Justice Ingrid Gustafson won reelection to an eight-year term by defeating conservative James Brown 54-46. That victory preserved the ideological balance on the court, which has generally been described as including three liberals, two conservatives, and two swing justices, including Gustafson.

Those two swing votes have played a crucial role in recent years, often joined with the liberal bloc. Most notably, in a 5-2 decision issued in 2022, the court barred Republican lawmakers from proceeding with a ballot measure that would have let them gerrymander the court itself.

The court has been more united on abortion rights, which are protected under a 1999 precedent known as the Armstrong decision. Two years ago, the justices unanimously upheld a lower court ruling that temporarily blocked a trio of anti-abortion bills passed by GOP lawmakers. And earlier this year, on a 6-1 vote, the court gave the green light to a ballot initiative that would enshrine the right to an abortion into the state constitution.

But a court with four conservatives could feel emboldened to revisit Armstrong, which is a major reason why reproductive rights advocates are pushing forward with their amendment.

The issue is also certain to be a focus in the races for both Supreme Court seats. Both Lynch and Bidegaray have spoken in favor of abortion rights, albeit less explicitly than some liberal judicial candidates in other states have.

At a campaign event last year, Lynch said that Montanans deserved to be "[f]ree from government interference, especially when it comes to reproductive rights." Bidegaray has been less direct, telling ABC News in March that she's running "to protect our democratic principles, which include the separation of powers and the unique rights provided by the 1972 Montana Constitution, including women's rights."

The leading conservatives, however, have sought to avoid the issue altogether. Wilson declined to comment to ABC, while Swanson demurred. "I don't believe it would be appropriate to discuss potential outcomes of future cases," he said.

The Downballot

It's right there in the name of the show, so yeah, of course we're gonna talk about downballot races on this week's episode of "The Downballot"! Specifically, we drill down into the top contests for attorney general and state supreme court taking place all across the country this year. Democrats and liberals are playing defense in Montana, North Carolina, and Pennsylvania, but they have the chance to make gains in many states, including Michigan, Arizona, Ohio, and even Texas.

Co-hosts David Nir and David Beard also recap Tuesday's runoffs in the Lone Star State, where a GOP congressman barely hung on against an odious "gunfluencer." They also dissect a new Supreme Court ruling out of South Carolina that all but scraps a key weapon Black voters have used to attack gerrymandering. And they preview New Jersey's first primaries in a post-"county line" world.

Subscribe to "The Downballot" wherever you listen to podcasts to make sure you never miss an episode. You'll find a transcript of this week's episode right here by Thursday afternoon. New episodes come out every Thursday morning!

Senate

AZ-Sen: The Congressional Hispanic Caucus' Bold PAC announced this week that it has reserved $1.1 million in TV, radio, and digital advertising for September to aid Democrat Ruben Gallego. "The statewide investment represents the first Spanish language reservations in the general election in this race and is the largest single independent expenditure in BOLD PAC’s 23 year history," the group said.

WI-Sen: A Senate Majority PAC affiliate has debuted a TV ad that attacks Republican Eric Hovde as a rich CEO whose bank "makes millions at seniors' expense" and "owns a nursing home being sued for elder abuse and wrongful death," citing a story from last month that the New York Times had first reported.

The commercial then plays a clip from a right-wing talk show appearance earlier in April where Hovde told the host that "almost nobody in a nursing home is in a point to vote" and insinuated without evidence that there was widespread voter fraud at Wisconsin nursing homes in the 2020 election.

Hovde's campaign has also unveiled new ads, with one spot covering generic far-right themes and cultural grievances. His second ad highlights his upbringing and family ancestry in Wisconsin to hit back against Democratic claims that he has mostly lived out-of-state for decades and spent most of his time in California before joining the race.

However, Hovde doesn't actually rebut those claims. After noting he graduated from the University of Wisconsin in 1986, he only says he's had a business in the Madison area "for over 20 years" and his family currently lives there.

House

MI-08, DCCC: The DCCC announced Wednesday that it was adding Michigan state Sen. Kristen McDonald Rivet to its Red to Blue program for top candidates even though, unlike the other four new inductees, she still has a contested primary to get through.

McDonald Rivet's main opponent in the Aug. 6 Democratic primary for the open and swingy 8th District is businessman Matt Collier, a former Flint mayor and Army veteran who has VoteVets' support. State Board of Education President Pamela Pugh is also running to replace retiring Democratic Rep. Dan Kildee, but she's struggled to raise money.

But while this is the first time that national Democratic leaders have publicly taken sides in the primary for this seat, which is based in the Flint and Tri-Cities areas, there were already indications that they wanted McDonald Rivet as their nominee. In its January article covering her entry into the race, the Detroit News wrote that party strategists viewed the state senator as a top recruit" they'd hoped to land.

Last year, Democratic consultant Adrian Hemond described her to the Daily Beast as the type of "solidly center-left Democrat" who can "play nice" with the district's large Catholic electorate, adding, "In terms of people who have a track record of winning tough elections in this area, Kristen McDonald Rivet is probably top of the list." McDonald Rivet since then has earned endorsements from EMILYs List and powerful labor organizations like the United Auto Workers and the state AFL-CIO.

The DCCC rarely adds candidates to Red to Blue unless they've already won their primary or it's clear that they'll have no trouble doing so, and that's the case for the other four new names on the list. The committee is backing former U.S. Department of Justice official Shomari Figures, who secured the nomination in April for Alabama's revamped 2nd District.

Also in the program are a pair of Democratic nominees who are challenging Republican incumbents in Pennsylvania: retired Army pilot Ashley Ehasz, who is taking on Rep. Brian Fitzpatrick in the 1st District, and former TV news anchor Janelle Stelson, who is going up against far-right incumbent Scott Perry in the 10th.

The final new name belongs to Wisconsin Democrat Peter Barca, who is trying to beat GOP Rep. Bryan Steil and reclaim the seat he last held three decades ago. Candidate filing doesn't close in the Badger State until June 3, but there's no indication that any other serious Democrats are interested in campaigning for the 1st District.

The only one of those seats with a contested GOP primary is also Michigan's 8th District, and the Republican nomination contest has already gotten nasty with more than two months to go.

Retired Dow Chemical Company executive Mary Draves on Tuesday began running ads attacking her main intra-party rival, 2022 nominee Paul Junge, about two weeks after he started airing commercials against her. Draves' narrator says that, while Junge publicly says he supports American jobs, he really "invested his inherited trust fund in, you guessed it, China. Not one dollar invested in Michigan jobs." The rest of the spot touts Draves as a loyal Donald Trump ally with a history of creating local jobs.

Junge has been promoting a very different narrative about Draves with advertising portraying her as a phony conservative who served on Democratic Gov. Gretchen Whitmer's "climate change council to push her green agenda."

Draves was the subject of an unwelcome headline later in the month when the Detroit News reported both that she'd donated to Democratic Sen. Gary Peters' 2020 reelection committee and that she'd contributed last October to McDonald Rivet's own political action committee.

Draves defended herself by arguing that 99% of the political donations she's made in the last 18 years went to help conservatives and that she shouldn't be admonished for these two outliers. "I made a symbolic contribution to Peters as he was supportive of our work at Dow," she said in a statement, adding, "A friend of mine was hosting an event for Rivet's state Legislature leadership PAC and had asked me to buy a ticket, so I did but did not attend."

Republican leaders may be content if primary voters accept this argument so they can avoid having Junge as their standard bearer again. The 2022 nominee lost to Kildee by an unexpectedly wide 53-43 margin two years after Joe Biden carried the 8th District by a small 50-48 spread, and Democrats would likely once again hammer Junge over his weak ties to the region. Unlike the DCCC, however, national GOP leaders have yet to take sides in their nomination contest.

MI-13: Former state Sen. Adam Hollier announced Wednesday that he had filed an appeal with Secretary of State Jocelyn Benson days after Wayne County Clerk Cathy Garrett determined that he'd failed to collect enough valid signatures to appear on the August Democratic primary ballot.

The Detroit News says it's not clear if the state Bureau of Elections will take up this matter before the Board of State Canvassers meets Friday to address the fate of other candidates who have been disqualified from the ballot. Hollier is Rep. Shri Thanedar's most serious intra-party opponent.

MO-01: AIPAC, the hawkish pro-Israel group, has launched its first TV ad to support St. Louis County Prosecuting Attorney Wesley Bell ahead of his Aug. 6 Democratic primary against Rep. Cori Bush. The commercial promotes Bell as a criminal justice reformer but does not mention Bush. AdImpact reports AIPAC has reserved at least $344,000 via its United Democracy Project super PAC.

NY-01: Former CNN anchor John Avlon has publicized endorsements from three members of New York's Democratic House delegation: Rep. Tom Suozzi, who represents a neighboring seat on Long Island, and New York City-based Reps. Dan Goldman and Greg Meeks. Avlon faces Nancy Goroff, who was the 2020 Democratic nominee for a previous version of the 1st District, in the June 25 primary to take on freshman GOP Rep. Nick LaLota.

NY-16: AIPAC's United Democracy Project has now spent roughly $8 million to support Westchester County Executive George Latimer's primary challenge against Democratic Rep. Jamaal Bowman, according to AdImpact data relayed by Politico's Emily Ngo. By contrast, Bowman's campaign has spent just $715,000 with just a month until the June 25 primary.

VA-07: Former National Security Council adviser Eugene Vindman has released an internal from Global Strategy Group that shows him decisively beating Prince William County Supervisor Andrea Bailey 43-10 in the June 18 Democratic primary for the open 7th District; another 32% are undecided, while the balance is split between three other candidates.

This is the first poll we've seen of the contest to succeed Democratic Rep. Abigail Spanberger, who is giving up this seat to concentrate on her 2025 run for governor. Vindman massively outraised the rest of the field through the end of March, and almost all of the outside spending on the Democratic side has been to support him.

WA-06: The Washington Public Employees Association this week endorsed state Sen. Emily Randall over the other leading Democrat, Commissioner of Public Lands Hilary Franz, and its leaders made sure to highlight that it represents Franz's subordinates in the Department of Natural Resources.

The Washington Observer reported earlier this month that DNR staffers successfully urged another group, the Washington State Labor Council, to back Randall by citing "issues of worker safety and low morale" in their workplace. A third labor organization that represents DNR personnel, the Washington Federation of State Employees, also endorsed the state senator last month ahead of the Aug. 6 top-two primary.

Attorneys General

NC-AG, NC Supreme Court, NC Superintendent: The progressive group Carolina Forward has publicized the downballot portion of a mid-May poll it commissioned from Change Research, which finds narrow leads for Democratic candidates while many voters remain undecided.

In the race to succeed Democratic gubernatorial nominee Josh Stein as attorney general, Democratic Rep. Jeff Jackson posts a 43-40 edge over Republican colleague Dan Bishop. For the state Supreme Court, appointed Democratic Justice Allison Riggs is ahead 41-40 over Republican Jefferson Griffin, a judge on the state Court of Appeals.

For education superintendent, Democrat Moe Green is up by 42-39 over Republican Michele Morrow, a far-right conspiracy theorist who won her primary in an upset over GOP incumbent Catherine Truitt.

Carolina Forward had previously released the poll's results for the top of the ticket, where Trump led 45-43 in a two-way matchup and 41-38 in a three-way race with independent Robert F. Kennedy Jr. taking 11%. Stein held a 44-43 edge over far-right Republican Mark Robinson for governor.

Ballot Measures

MO Ballot: Republican Gov. Mike Parson on Tuesday set Aug. 6 as the date for a re-do of a 2022 state constitutional amendment that empowered the state legislature to require Kansas City to spend at least 25% of its general revenue on its police. Parson's move comes even though the state Supreme Court explicitly ordered this amendment appear before voters on Nov. 5 rather than on the summer primary ballot.

Statewide voters last cycle approved Amendment 4 by 63-37 even though it only impacts Kansas City, which is the only major city in America that doesn't have control over its own police force. Last month, though, the state's highest court ruled that a new vote was required because election officials had included a misleading fiscal summary that said the amendment "would have no fiscal impact when the fiscal note identified a sizeable one."

Legislatures

TX State House: Six state House Republicans lost their runoffs Tuesday even as Speaker Dade Phelan won renomination in an upset, and GOP Gov. Greg Abbott was quick to insist that he "now has enough votes" to pass his stalled plan to use taxpayer money to pay for private schools.

Abbott didn't bother to acknowledge that there are general elections in November, and the Texas Tribune's Jasper Scherer noted that Democrats are hoping to flip at least one of the seats the governor is already counting as a pickup for his cause.

That constituency is the 121st District in San Antonio, where Marc LaHood defeated Rep. Steve Allison in the March GOP primary. Democrat Laurel Jordan Swift will face LaHood in a district that, according to VEST data from Dave's Redistricting App, favored Donald Trump by a small 50-48 spread in 2020.

Ultimately, 15 Republican representatives lost renomination this year, though Abbott wasn't happy to see them all go. Attorney General Ken Paxton also used this year's primaries and runoffs to punish members who voted to impeach him for corruption last year, and he was sometimes on the opposite side of Abbott in key races.

One member who escaped Paxton's wrath, though, was Phelan, who narrowly defeated former Orange County Republican Party chair David Covey 50.7-49.3 in a contest where Abbott didn't take sides. (The only other sitting GOP representative to get forced into a runoff but survive was Gary VanDeaver, who beat an Abbott-backed foe.)

The attorney general characteristically responded to the 366-vote loss for Covey, who also sported endorsements from Donald Trump and Lt. Gov. Dan Patrick, by accusing Phelan of having "blatantly stolen" the election by encouraging Democratic voters to back him. Texas, notes Axios' Asher Price, does not have party registration.

Paxton also called for Republican representatives, who are all but certain to maintain their hefty majority in the gerrymandered chamber, to end Phelan's speakership next year. Rep. Tom Oliverson, who avoided casting a vote in Paxton's impeachment, announced his own bid for speaker in March, and he responded to Phelan's victory on Wednesday by proclaiming, "Campaign For Speaker Begins In Ernest."

Prosecutors & Sheriffs

Hillsborough County, FL State Attorney: Former State Attorney Andrew Warren this week publicized endorsements from several Tampa-area Democrats including Rep. Kathy Castor, who represents about 40% of Hillsborough County, ahead of the Aug. 20 primary.

Warren is trying to regain his old office from Republican incumbent Suzy Lopez, whom Gov. Ron DeSantis appointed in 2022 after permanently suspending Warren. First, though, Warren needs to win the Democratic primary against attorney Elizabeth Martinez Strauss, who hails from a prominent local legal family.

Strauss has stated that she believes that Warren was unfairly removed for, among other things, refusing to prosecute people who obtain or provide abortions. However, she's also argued that Warren is "a risky candidate" because DeSantis could just suspend him all over again. "Voters should have a choice and they may want a state attorney who can hold the job for more than 24 hours," Strauss told Florida Politics last month.  

Poll Pile

Ad Roundup

Campaign Action

Donald Trump says he’d consider Ken Paxton for US attorney general

Trump told a reporter in Texas this weekend that Paxton is “a very talented guy.”

By Jasper Scherer, The Texas Tribune

Former President Donald Trump said he would consider tapping Texas Attorney General Ken Paxton for U.S. attorney general if he wins a second term in the White House, calling his longtime ally “a very talented guy” and praising his tenure as Texas’ chief legal officer.

“I would, actually,” Trump said Saturday when asked by a KDFW-TV reporter if he would consider Paxton for the national post. “He’s very, very talented. I mean, we have a lot of people that want that one and will be very good at it. But he’s a very talented guy.”

Paxton has long been a close ally of Trump, famously waging an unsuccessful legal challenge to Trump’s 2020 election loss in four battleground states. He also spoke at the pro-Trump rally that preceded the deadly U.S. Capitol riot in January 2021.

Paxton’s loyalty was rewarded with an endorsement from Trump in the 2022 primary, which helped the attorney general fend off three prominent GOP challengers.

Trump also came to Paxton’s defense when he was impeached last year for allegedly accepting bribes and abusing the power of his office to help a wealthy friend and campaign donor. After Paxton was acquitted in the Texas Senate, Trump claimed credit, citing his “intervention” on his Truth Social platform, where he denounced the proceedings and threatened political retribution for Republicans who backed the impeachment.

“I fought for him when he had the difficulty and we won,” he told KDFW. “He had some people really after him, and I thought it was really unfair.”

Trump’s latest comments, delivered at the National Rifle Association’s annual convention in Dallas, come after a series of recent polls have shown the presumptive Republican nominee leading President Joe Biden in a handful of key battleground states.

Paxton has also seen his political prospects rise in recent months, after prosecutors agreed in March to drop three felony counts of securities fraud that had loomed over Paxton for nearly his entire tenure as attorney general. The resolution of the nine-year-old case, along with Paxton’s impeachment acquittal in the Senate last fall, has brought him closer than ever to a political career devoid of legal drama.

Still, Paxton’s critics say he is far from vindicated. He remains under federal investigation for the same allegations that formed the basis of his impeachment, and he continues to face a whistleblower lawsuit from former deputies who said they were illegally fired for reporting Paxton to law enforcement. A separate lawsuit from the state bar seeks to penalize Paxton for his 2020 election challenge, which relied on discredited claims of election fraud.

If nominated, Paxton would need to be confirmed by the U.S. Senate. The chamber is narrowly divided along party lines, with Democrats holding a 51-49 majority. One of the most prominent Republican members, U.S. Sen. John Cornyn of Texas, has been an outspoken critic of Paxton, while Paxton has openly entertained the idea of challenging Cornyn in 2026.

Paxton is not the only Texan Trump has floated for a high-profile spot in his potential administration. In February, he said Gov. Greg Abbott is “absolutely” on his short list of potential vice presidential candidates. Abbott has since downplayed his interest in the job.

Campaign Action

Tracking URL: https://www.texastribune.org/2024/05/20/donald-trump-ken-paxton-attorney-general/

Ex-Texas House speaker: GOP megadonor told him only Christians should be in leadership

Straus, who is Jewish, publicly confirmed the conversation for the first time Thursday. It had previously been reported by Texas Monthly.

By Jasper Scherer and Robert Downen, The Texas Tribune April 4, 2024

Sign up for The Brief, The Texas Tribune’s daily newsletter that keeps readers up to speed on the most essential Texas news.

Former Texas House Speaker Joe Straus said on Thursday that Midland oil magnate Tim Dunn, one of the state’s most powerful and influential GOP megadonors, once told him that only Christians should hold leadership positions in the lower chamber.

Straus, a Republican who is Jewish, relayed the encounter in an interview with former Texas Tribune CEO Evan Smith at the LBJ School of Public Affairs. It appeared to be the first time Straus publicly confirmed the anecdote, which was first reported by Texas Monthly in a 2018 story that cited “Straus insiders.”

The alleged remarks came at a November 2010 meeting, shortly after Dunn’s political network had targeted many of the Democrats and moderate Republicans who had helped Straus ascend to the speakership the year before. With Straus poised to seek a second term as speaker the following January, he said he asked Dunn to meet in the hopes of finding common ground on “fiscal tax issues.”

But Dunn reportedly demanded that Straus replace “a significant number” of his committee chairs with tea party-aligned lawmakers backed by Dunn’s political advocacy group, Empower Texans. After Straus rebuffed the demand, the two began to talk about social policy, at which point Dunn allegedly said he believed only Christians should hold leadership posts.

“It was a pretty unsatisfactory meeting,” Straus said Thursday. “We never met again.”

Dunn did not immediately respond to a request for comment.

Straus’ confirmation of the comments comes as Dunn’s political empire continues to face scrutiny for its ties to avowed white supremacists and antisemites. In October, The Texas Tribune reported that Jonathan Stickland, the then-leader of Dunn’s most powerful political action committee, hosted prominent white supremacist and Adolf Hitler admirer Nick Fuentes at his office for nearly seven hours. The Tribune subsequently uncovered close ties between numerous other Fuentes associates and Defend Texas Liberty, the PAC that Stickland led until he was quietly replaced last year.

Nick Fuentes

The reporting prompted Speaker Dade Phelan and 60 other House Republicans to call for the Texas GOP to cut ties with Defend Texas Liberty and Stickland. Dunn has not publicly commented on the matter, though Lt. Gov. Dan Patrick said Dunn “told me unequivocally that it was a serious blunder” for Stickland to meet with Fuentes. Patrick added that Dunn had assured him his political action committee and its employees would have no “future contact” with Fuentes.

Late last year, the state party’s executive committee narrowly rejected a ban on associating with Holocaust deniers, neo-Nazis and antisemites — which some members said could create a slippery slope and complicate the party’s relationship with donors or candidates. After outcry, the Texas GOP’s executive committee passed a significantly watered-down version of the resolution earlier this year.

At the time of his alleged remarks to Straus, Dunn was a lesser-known political entity, using groups such as Empower Texans to push for libertarian economic policy and help fund the state’s nascent tea party movement. Groups and lawmakers backed by Dunn had been particularly critical of Straus, frequently attacking him as a weak conservative—a claim they’ve made against each of Straus’ successors, including Phelan.

Since then, Dunn’s influence on state politics has steadily grown. He and another West Texas billionaire, Farris Wilks, have poured tens of millions of dollars into far-right candidates and movements who have incrementally pulled the Texas GOP and legislature toward their hardline, anti-LGBTQ+, and anti-immigration stances. Dunn's allies have meanwhile pushed back against claims that he is antisemitic or adheres to Christian nationalism, which argues that America's founding was God-ordained and that its institutions and laws should thus favor their brand of ultraconservative Christianity.

Tim Dunn appears on a PromiseKeepers podcast

Even after the Tribune’s reporting sparked a wave of backlash, Dunn emerged from last month’s primary perhaps stronger than ever, after his political network made good on its vows for vengeance against House Republicans who voted to impeach their key state ally, Attorney General Ken Paxton. Nine GOP incumbents were unseated by hardline conservative challengers and eight others, including Phelan, were forced into runoffs—mostly against primary foes backed by Dunn’s network.

The primary also paved the way for the likely passage of legislation that would allow taxpayer money to fund private and religious schools—a key policy goal for a movement that seeks to infuse more Christianity into public life. The push for school vouchers was spearheaded by Gov. Greg Abbott, who spent more than $6 million of his own campaign money to help unseat six anti-voucher Republicans and push four others into runoffs.

Straus, whose decade-long run as speaker overlapped with Abbott’s first term as governor, criticized Abbott’s spending blitz to take out fellow GOP lawmakers. He also accused Abbott of falsely portraying members as weak on border security even after they voted for the GOP’s entire slate of border legislation last year, pointing to Abbott’s ads attacking state Rep. Steve Allison, Straus’ successor in his San Antonio district.

“It’s too bad the governor took on all these members who are 99% with him,” Straus said.

Abbott has called the results “an unmistakable message from voters” in support of school vouchers. He recently said the House was two votes away from a clear pro-voucher majority and urged supporters to “redouble our efforts” during the runoffs.

Texas Gov. Greg Abbott

Straus argued Abbott’s move to unseat anti-voucher incumbents “showed more frustration than political courage,” citing the governor’s failure to pass a voucher measure during the spring regular session and multiple special sessions.

“Persuasion failed, so he took on retribution,” Straus said. “I think it’s really unfortunate, and I think it just further diminishes the work of the Legislature and our state government.”

Abbott's campaign did not immediately respond to a request for comment.

Straus, who served in the House from 2005 to 2019, announced he would not seek reelection in the fall of 2017, after concluding a months-long feud with Patrick over a bill that would have regulated which bathrooms transgender Texans could use. Straus opposed the measure, which never made it through the House.

Since Straus’ retirement, the legislature has passed laws barring transgender minors from accessing puberty blockers and hormone therapies and restricting which sports teams transgender student athletes can join.

Straus said the array of recent laws aimed at LGBTQ+ Texans have left the community “borderline persecuted.”

“Where's the humanity in that? And why is it such an obsession?” Straus said. “Time and time again, they try to find some niche thing they think will play well in the primary when, in my view, it's rooted in just plain indecency.”

Straus largely demurred when asked to assess Phelan’s performance as speaker, quipping that he “really didn't appreciate former members pontificating about whether I was good or bad” during his run as speaker. He said Phelan has generally been a good speaker, though when asked if Phelan made the right move to impeach Paxton, Straus said, “history has made that questionable,” citing the primary results.

Still, he argued that it remains to be seen how the House will change next session, even with its apparent shift to the right last month and calls from hardline House members to align more with Patrick and the Senate.

"In my experience, the House has never been easily tamed," Straus said after the LBJ School interview. "And I think that if I were a betting man, I would bet that the House will want to protect its independence, that it'll want to protect its institution."

This article originally appeared in The Texas Tribune.

The Texas Tribune is a member-supported, nonpartisan newsroom informing and engaging Texans on state politics and policy. Learn more at texastribune.org.

Morning Digest: Democratic landslide in Alabama is massive warning for GOP on IVF

The Morning Digest is compiled by David Nir, Jeff Singer, and Stephen Wolf, with additional contributions from the Daily Kos Elections team.

Subscribe to The Downballot, our weekly podcast

Leading Off

 AL State House: Democrat Marilyn Lands defeated Republican Teddy Powell on Tuesday in a 62-37 landslide, easily prevailing in a nationally watched special election for a GOP-held seat in the Alabama House of Representatives.

Lands outperformed the 10th District's normal lean by wide margins: Donald Trump carried the district by a 49-48 spread in 2020, according to Dave's Redistricting App, while voters favored Republican David Cole over Lands 52-45 two years later.

While Republicans will still retain their supermajority in the chamber, both parties were paying close attention to see whether a recent ruling from the Alabama Supreme Court that threatened access to in vitro fertilization could be a winning issue in competitive areas like this suburban Huntsville constituency.

Lands focused intently on reproductive rights in her campaign to replace Cole, who resigned last summer after getting convicted on voter fraud charges. "It's shameful that today women have fewer freedoms than I did two decades ago," she said in one spot excoriating the state's near-total abortion ban. Lands, a mental health counselor, also argued the legislature didn't do enough to protect IVF when it passed a law earlier this month that shields clinics from liability.

Powell, a member of the City Council in Madison, adopted a very different strategy. He instead focused on issues like infrastructure and downplayed the importance of reproductive rights. "It's certainly an issue that needs to be dealt with," he told Politico, "but not our top issue. I don't think that this is the issue that wins or loses the race."

That calculus turned out to be wrong, and Lands just gave Democrats good reason to believe that Powell will be only the first of many Republicans to pay the price at the ballot box this year.

Senate

NJ-Sen: Candidate filing closed Monday for New Jersey's June 4 primaries, and the New Jersey Globe has a list of contenders. Not everyone who turned in paperwork will necessarily make the ballot, though, since anyone can challenge the validity of a candidate's petitions.

The GOP's Senate lineup shrunk just before the deadline when former TV reporter Alex Zdan announced he was dropping out. His departure leaves developer Curtis Bashaw, who picked up Zdan's endorsement the next day, and Mendham Borough Mayor Christine Serrano Glassner as the main Republican candidates campaigning in this solidly blue state.

Rep. Andy Kim, meanwhile, is the heavy favorite for the Democratic nomination after his top rival, former financial analyst Tammy Murphy, unexpectedly dropped out just ahead of the filing deadline.

TX-Sen: Marist College finds Republican Sen. Ted Cruz leading Democratic Rep. Colin Allred 51-45, with respondents favoring Donald Trump by a larger 55-44 spread. This is Marist's first look at this race, as well as the first poll we've seen here since Allred won the March 5 primary.

Governors

IN-Gov: Republican Sen. Mike Braun made news on Friday when he missed the vote to avert a government shutdown hours after he attended a fundraiser back in Indiana, prompting one of his intra-party rivals for governor to quickly release an ad taking him to task.

Wealthy businessman Eric Doden's spot focuses on a claim by Braun's chief of staff that the senator mistakenly believed the matter would be settled the next day and therefore "decided to spend the night at home and fly out Saturday morning."

"Senator Braun: Sleeping on the job?" reads the on-screen text at the conclusion of the almost wordless commercial. Politico's Adam Wren reminds us that Braun labeled Democratic Sen. Joe Donnelly "Sleepin' Joe" during his successful 2018 campaign.

House

FL-27: EMILYs List has endorsed Miami-Dade County School Board member Lucia Baez-Geller's campaign to take on GOP Rep. María Elvira Salazar. Baez-Geller faces former Key Biscayne Mayor Mike Davey in the Aug. 20 Democratic primary for this Miami-area seat.

TX-22: The House Ethics Committee announced Tuesday that it's investigating Republican Rep. Troy Nehls, but it did not provide any details about why. Nehls subsequently described the probe as an "inquiry into my campaign's finances," though he didn't offer further information about the allegations. The Ethics Committee has pledged to "announce its course of action in this matter" by May 10.

Nehls won renomination without opposition this month in Texas' 22nd District, a suburban Houston constituency that backed Donald Trump 57-41 in 2020.

Attorneys General

TX-AG: Federal prosecutors announced a deal with Texas Attorney General Ken Paxton on Tuesday under which they agreed to drop his nearly nine-year-old indictment for securities fraud as long as he pays $271,000 in restitution over the next 18 months. The agreement also requires the far-right Republican to perform 100 hours of community service, but he'll face no jail time.

The Texas Tribune, however, notes that Paxton's legal woes are not all resolved. Federal authorities reportedly are continuing to investigate whether the attorney general used his post to benefit a wealthy ally. The state House impeached Paxton last May over these allegations, only for the Senate to subsequently acquit him.

Four of Paxton's former top aides are also still suing him for allegedly retaliating against them for helping in the federal investigation. The Texas State Bar additionally brought a lawsuit for professional misconduct lawsuit against him in 2022 over his efforts to overturn the results of the last presidential election, though the case remains unresolved.

Paxton has spent the last several months working to punish the Republicans who crossed him last year. The attorney general backed a slate of legislative candidates in the March 5 primaries, several of whom ousted his enemies.

Other GOP incumbents, including state House Speaker Dade Phelan, were forced into runoffs, which will take place on May 28. Donald Trump in January joined Paxton in supporting David Covey's bid to unseat Phelan, with Trump citing the speaker's support for what he characteristically dismissed as "the Fraudulent Impeachment."

Paxton, however, has hinted that he could personally challenge an even more prominent intra-party critic next cycle rather than seek a fourth term. In September, he celebrated his acquittal by the state Senate by telling Fox he wasn't ruling out a primary bid against Sen. John Cornyn in 2026.

Paxton intensified Senate chatter last month when he responded to the news that Cornyn would seek to replace Mitch McConnell as the chamber's top Republican by tweeting, "It will be difficult for @JohnCornyn to be an effective leader since he is anti-Trump, anti-gun, and will be focused on his highly competitive primary campaign in 2026." Cornyn fired back by snarking, "Hard to run from prison, Ken," a response that lost much of its bite on Tuesday.

Ad Roundup

Campaign Action

ICYMI: GOP heads may be rolling, Maddow’s McDaniel trolling

RFK Jr. picks a veep as his campaign is drowning in embarrassment

Watching his missteps is as much fun as guessing whether his VP will be vaccinated.

Trump's latest grift? A Trump-endorsed Bible

If you don’t buy this particular Bible, well, you’re going straight to hell.

Watch Maddow's scathing takedown of NBC News for hiring Ronna McDaniel

NBC employees are pissed about their new colleague, and they’re shouting from the rooftops about it.

Cartoon: Biden impeachment investigation

Things sure haven’t gone the way the GOP hoped.

Democrats can beat Ted Cruz and Rick Scott this year. Yes, really

While the margin of error for Democrats may be tight, the deeply flawed Republican candidates they’re running against can help with that.

Trump targets Florida Republican who didn't endorse him fast enough

The man can teach a master class on pettiness.

MAGA cultists bet big on Trump's latest grift

Part meme stock, part cult, the sale of Truth Social has somehow infuriatingly made Trump one of the world’s 500 richest people.

Why candidates don't have to say 'I approve this message' for ads that run on streaming services

New FEC rules mean you can stand by your ad without actually having to say so.

Texas AG Ken Paxton skirts the law—again

Oh to be a fly on the wall of the “legal ethics” class Paxton has to take.

Click here to see more cartoons.

Campaign Action

Texas AG Ken Paxton skirts the law—again

Mere months after taking office in 2015, Texas Attorney General Ken Paxton surrendered to authorities on three felony counts related to securities fraud. But after getting his mugshot taken and posting a $35,000 bond, Paxton spent the next nine or so years making sure that the law was a bludgeon to be used against other people. People who are not rich, white, politically empowered Republican men.

On Tuesday, weeks before that 2015 case was finally set to go to trial, the special prosecutors handling Paxton’s case announced a very special deal. Rather than facing a pair of first-degree felonies, each of which could have brought a minimum sentence of five years, and a third-degree felony that might have added at least two more, Paxton will face … zero years. Also zero months, zero days, and zero charges.

Instead, Paxton will agree to pay back the money he allegedly defrauded, attend a class on “legal ethics,” and do 100 hours of community service. He doesn’t have to pay a fine to the state. He doesn’t even have to plead guilty. Instead, all charges are dropped and Paxton can carry on with the vital work of threatening hospitals and protecting Texas’ right to drown children with razor wire.

Paxton’s get-out-of-felony-free deal comes six months after the state Senate acquitted him in an impeachment trial where he was clearly guilty. Paxton was overwhelmingly impeached in the Texas House in May 2023, on charges that included bribery, obstruction of justice, dereliction of duty, and misappropriation of public resources. In the middle of those charges was a scheme in which a wealthy donor reportedly provided a job to Paxton’s mistress and seven members of Paxton’s staff resigned.

But immediately following his impeachment, Donald Trump pressured Texas state senators to show their loyalty by acquitting Paxton, and in behind-the-scenes negotiations, none were willing to stand up and provide the critical vote that would have impeached the Texas AG.

Paxton was also allowed to skate by the state bar association, which said it couldn’t discipline Paxton for supporting false claims of election fraud. An almost four-year-old FBI investigation that began in relation to charges leveled by some of those who resigned from Paxton’s office has yet to result in any charges.

While benefiting from the immunity of the wealthy and politically connected, Paxton has continued to use the law as a club against those who aren’t so lucky. That includes his infamous war against Kate Cox, who sought to end a nonviable pregnancy that threatened her health and potentially her life. Cox was ultimately forced to leave the state to seek relief after Paxon appealed a district court decision that would have allowed her to obtain a medical abortion.

Paxton has also been on the forefront of claims about an immigrant invasion. That includes issuing a reply to a Supreme Court ruling in January, claiming that it “allows Biden to continue his illegal effort to aid the foreign invasion of America,” and seeking to end the Deferred Action for Childhood Arrivals program, which can protect from deportation children who were brought into the country illegally. Paxton not only sued the federal government for cutting through barriers of razor wire, he also refused to consider removing that wire after a woman and two children drowned.

Like a lot of Republicans, Paxton seems to have a very strict view of the law when it is being used against someone else, and an absolute disdain for it when it’s turned his way.

But considering how many things he's gotten away with over so many years, Paxton has a right to feel like Texas law is a joke. And he always seems to get the last laugh.

Campaign Action

Texas attorney general who survived impeachment targets House Republicans who sought his ouster

The Texas attorney general who survived a historic impeachment trial last year made a Super Tuesday primary a bitter Republican-on-Republican brawl, targeting the House speaker and dozens of other lawmakers who had sought his ouster.

Attorney General Ken Paxton, who was on the brink of removal from office just six months ago, campaigned to defeat those political rivals in his own party in a test of his own clout and that of his biggest backer, former president Donald Trump.

After Paxton narrowly survived allegations of corruption and abuse of office, the attorney general quickly pivoted to launch fierce, bare-knuckle campaign attacks seeking to rid the GOP-dominated House of those Republicans who backed the impeachment drive.

Paxton found his biggest target in House Speaker Dade Phelan, leader of the attempt, along with more than 30 of Phelan’s Republican House colleagues who voted against the attorney general on the corruption and abuse of office allegations.

Paxton was not on the Super Tuesday ballot himself. He won a third term in 2022. His aim to overthrow the leadership of the House was being widely watched as an attempt to push an already conservative chamber further to the right.

Phelan has led the House through two terms. He fought back on the campaign trail in blunt and often personal terms against Paxton, with ads reminding voters of the corruption and abuse of office allegations that gave rise to the impeachment trial. Additional spots reminded voters of a Paxton extramarital affair.

Besides drawing support for his endorsed candidates from Trump, Paxton’s intensive and broad campaign of political revenge also prompted third-party groups to pour in millions of dollars of donations into the campaign.

Paxton still faces ongoing legal issues. He is scheduled for trial in April on felony securities fraud charges that could land him in prison for 90 years if convicted. He also is facing an ongoing federal probe involving some of the same allegations raised in his impeachment.

Paxton wasn't the only Republican attacking fellow Republicans in Tuesday's primaries Gov. Greg Abbott has targeted nearly two dozen incumbents who helped defeat his plan to spend tax money on private schools, putting some lawmakers in the crosshairs of both men as targets for removal.

Paxton also mounted a campaign to oust three female judges on the Court of Criminal Appeals. They were part of an 8-1 majority that stripped Paxton of the power to prosecute voter fraud without permission from local prosecutors. Paxton accused them of being “activist” judges after the court majority ruled the law had been a violation of the state Constitution’s separation of powers.

In Paxton’s sights were two of the court’s longest-serving judges: Judge Barbara Hervey, elected in 2001, and Presiding Judge Sharon Keller, elected in 1994. The third, Judge Michelle Slaughter, was elected in 2018.

“The Court follows the law, period,” Slaughter responded to the attacks in a pre-election post on X, formerly known as Twitter. “We cannot and will not be partisan political activists.

Campaign Action

GOP senator who voted to acquit Paxton wants Senate to consider reopening impeachment proceedings

By Patrick Svitek, The Texas Tribune

Sign up for The Brief, The Texas Tribune’s daily newsletter that keeps readers up to speed on the most essential Texas news.

A Republican state senator who voted to acquit Ken Paxton in his impeachment trial last year wants the Senate to consider restarting proceedings now that the attorney general is no longer fighting the whistleblower claims in court that were central to the trial.

The bombshell request came in a letter Thursday from retiring state Sen. Drew Springer to Lt. Gov. Dan Patrick and his Senate colleagues.

“At this stage, and the point of this letter, I am asking the Senate whether there is a legal mechanism to reopen the impeachment proceedings,” Springer wrote. “Failure to at least consider this possibility runs the risk of AG Paxton making a mockery of the Texas Senate.”

Springer’s letter came days after Paxton announced he would not contest the facts of the whistleblower lawsuit in an attempt to end it without having to testify under oath. The lawsuit was filed in 2020 by a group of former top deputies who said they were improperly fired for telling federal authorities they believed Paxton was abusing his office to help a wealthy friend and donor, Nate Paul.

Paxton’s recent reversal in the whistleblower lawsuit was especially striking because one of the articles of impeachment that he was acquitted on alleged that he violated the Texas Whistleblower Act. Springer wrote that Paxton “completely changed his position in less than four months.”

A spokesperson for Patrick, who served as judge in the trial, did not immediately respond to a request for comment.

Paxton dismissed Springer's letter in a statement to the Tribune.

"Springer has to leave the senate because he was such a bad senator, wasn’t going to get re-elected, and needed a job," Paxton said. "Why should anyone listen to his sour grapes."

After Springer released his letter, a Democratic senator who voted to convict Paxton, Sen. Sarah Eckhardt of Austin, said on X that she supports "reopening the impeachment proceedings" in light of Paxton's latest legal maneuvering.

In his latest move to end the lawsuit, Paxton also said he would accept any judgment, potentially opening up taxpayers to more than the $3.3 million sum that was in a tentative settlement deal last year. Springer said Paxton has “essentially written a blank check” at the taxpayers’ expense and that he should have to answer questions under oath if he seeks any funding approval from the Legislature.

Despite his reversal, Paxton has not been able to wriggle out of the lawsuit in Travis County district court. As of now, he is required to sit for a deposition on Feb. 1.

Springer’s letter comes as he is freer from political consequences than most of his GOP colleagues because he is not seeking reelection. But his term is not over until January 2025, giving him a voice in the Senate for nearly another year.

Springer was one of 16 GOP senators who voted to acquit Paxton on all impeachment articles — and keep him in office — at the trial in September. Springer seemed especially conflicted with the decision after facing political threats in his solidly red district.

In the race to succeed Springer, Paxton has endorsed Carrie de Moor, a Frisco emergency room physician who surfaced as a potential challenger while the trial was still underway. Springer is backing one of de Moor’s rivals, Brent Hagenbuch, the former Denton County GOP leader. Patrick has also endorsed Hagenbuch.

This article originally appeared in The Texas Tribune.

The Texas Tribune is a member-supported, nonpartisan newsroom informing and engaging Texans on state politics and policy. Learn more at texastribune.org.

Campaign Action