brimer not letting go

Apparently, Kim Brimer isn't ready to let go.

PoliTex says that this afternoon, the Wendy Davis campaign had yet to receive a congratulatory call, and no concession statement had been made from the state senator, a Tarrant County Republican.

Brimer, who lost by about 7,000 votes to the former Fort Worth City Councilwoman, was unavailable for comment when called Tuesday night by the Star-Telegram. His campaign spokesman, Jarod Cox, said they were waiting for more complete results before commenting.

When 100 percent of the precincts were reported by Tarrant County elections officials late Tuesday night, Brimer still did not call with a comment.

Let's no be quick to judge this is a poor sportsmanship- after all, it's a definite possibility that Brimer really isn't ready to let go and that he'll continue to challenge Davis' eligibility even after her election.

wendy wins! (davis defeats brimer in sd10)

After a grueling campaign in which her opponent continuously plagued the campaign with legal battles, former Ft. Worth city councilwoman Wendy Davis is the winner in Senate District 10.

Tarrant County voters chose to send change to Austin, rejecting the same old divisive Republican tricks offered by Kim Brimer.

Congratulations, Wendy! You endured a hard-fought campaign and we hope you're enjoying this moment- we can't wait for you to get to work in Austin to continue your tradition of making Tarrant County and Texas better with your service. Thank you, and way to go!

early voting!

Early voting began today, but you already knew that, didn't you?

After all, Tarrant County smashed early voting records today when over 25,000 people showed up to vote there.

Find more information about early voting by clicking on your county:
Tarrant County
Denton County
Dallas County

Vote! It's your civic duty! And make sure you watch this before you head out to the voting booth.

brimer loses another appeal

State Sen. Kim Brimer, R-Ft. Worth, lost yet another appeal today against his Democratic opponent, former Ft. Worth City Council member Wendy Davis.

The 5th Court of Appeals in Dallas has rejected the lawsuit by state Sen. Kim Brimer, R-Fort Worth, who was appealing a lower court ruling that former Fort Worth City Councilwoman Wendy Davis is eligible to challenge him on the November ballot.

A panel of three justices hinted during oral arguments last week that they were reluctant to overturn the ruling by state District Judge Tom Lowe in Fort Worth, who ruled in July that Davis is an eligible candidate. Brimer appealed Lowe's ruling.

But the appeals court in Dallas today upheld Lowe's ruling, saying in its opinion that "Brimer's only legally recognized interest in pursuing this appeal is to avoid being opposed by an ineligible candidate."

"Even if Davis is ineligible to hold office -- an issue we do not reach in this appeal -- her name will be included on the November 4, 2008 general election ballot in opposition to Brimer. We cannot, at this point, change that outcome and, therefore, this appeal is moot," the justices wrote.

Here's a quick history of the case for those that haven't been following along:

May 2007: Wendy Davis is re-elected to the Ft. Worth City Council.
August 2007: Davis officially declares her candidacy for the Democratic nomination in Texas State Senate District 10, which covers about half of Tarrant County and is represented by Republican Kim Brimer. She also resigns from her post on the city council, though local law required her to officially keep her seat until her successor is sworn in.
November 2007: Election is held to choose Davis' successor on the city council. It goes to a runoff.
December 2007: Joel Burns wins the runoff.
Early January 2008: Three Ft. Worth firefighters ask Tarrant County Democratic Party Chairman Art Brender to disqualify Davis from running for state senate because she is technically still on the council and state law prohibits sitting council members to run for the state legislature. The same day, Burns is sworn in on the council. The Secretary of State's office would not issue a ruling on Davis' eligibility, saying that Brender is the filing authority in the primary election. Brener issued a statement declaring Davis eligible to run.
Mid-January 2008: The Ft. Worth firefighters issued a court challenge that was dismissed by the Texas Supreme Court. The high court recommended the firefighters take their issue up with the regional appellate court.
Late January 2008: The firefighters lose in appeals court. The court rules that only a political opponent, such as Brimer, has the standing to bring such an eligibility suit.
March 2008: Uncontested in the Democratic primary, Davis officially becomes the nominee.
Early July 2008: Brimer himself challenges Davis' eligibility by filing a suit to have her removed from the November ballot.
Late July 2008: State District Court Judge Tom Lowe rules in favor of Davis, determining that she is eligible to remain on the ballot. Brimer appeals.
August 2008: The deadline to remove a candidate from the ballot passes.
September 2008: A Ft. Worth appellate judge asks that the case be moved to Dallas. The Texas Supreme Court moves the case to the 5th Court of Appeals there.
October 2008: The Dallas appeals court rules in favor of Davis, rejecting Brimer's suit.

Davis welcomed the news of the win for her campaign: "I am very pleased with the Court's decision today, and I look forward to continuing my conversation with Tarrant County families about the issues they are facing. What I'm offering voters is a representative who will bring real change to the way Austin does business."

Contribute to the Wendy Davis campaign today. Every little bit counts, and she could certainly use your help in her campaign against yet another Republican up to the same old dirty tricks. Kim Brimer has got to go, and with your help and your vote Davis will replace him.

Low Polls for Kim Brimer in SD 10

The latest polls on Texas State Senate District 10 show why the race might be drawing some serious contenders in next year's election. (See yesterday's post.) Numbers from the Lone Star Project indicate Republican incumbent Kim Brimer could be vulnerable to the right challenger.

A recent Lone Star Project poll reveals that Republican State Senator Kim Brimer has squandered almost 20 years in public office to remain largely unknown in his own backyard. With little to show for his time in Austin other than negative press accounts detailing questionable ethics, Brimer is clearly vulnerable to an adequately funded mainstream challenger. Without question, Tarrant County activists currently considering a challenge to Brimer are on solid ground (see story here).

The Lone Star Project commissioned the respected polling firm Opinion Analysts to conduct a survey of Texas Senate District 10 to help determine the viability of a challenge to incumbent Republican State Senator Kim Brimer. (see methodology below) The poll confirms earlier Lone Star Project vote analysis indicating underlying strength for a Democratic challenger and surprising weakness by the incumbent Brimer.

Among the more surprising results, 50 percent of the people polled had never even heard of Brimer.

Earlier this year, Charles Kuffner had some interesting statistics on the SD 10 race.

[Brimer's] district is entirely within Tarrant County, which is the one major urban county to remain a Republican stronghold (though that's gradually weakening), so it hadn't occurred to me to look there. But by every measure, Brimer is the Republican Senator in the bluest district.

Kuff includes some tantalizing data from previous races to make his case. Check it out. Tarrant County may not be ready to mirror Dallas' election successes yet, but winning back a senate seat would be a great start.

Art Brender Weighing SD 10 Candidacy

From bloggers blank and Todd Hill at BOR, the Texas State Senate District 10 will likely have a challenger to oppose Republican incumbent Kim Brimer.

Two possible names are being suggested as potential Democratic challengers. The first is Art Brender, currently chairman of the Tarrant County Democratic Party. A second person rumored to be interested is Wendy Davis, a Fort Worth City Councilmember in District 9.

This report from the FWST confirms Brender's interest in the seat, but leaves Wendy Davis' intentions up in the air.

Word has it that a couple of local Democrats are considering challenging Republican state Sen. Kim Brimer for the District 10 Senate seat next year.

Tarrant County Democratic Party Chairman Art Brender, busy gearing up a slate of local candidates for next year's elections, said he is considering making that bid himself.

"I'm looking at it real hard just in light of the changing demographics in that Senate district," said Brender, a Fort Worth lawyer.

And speculation is swirling that Fort Worth City Councilwoman Wendy Davis may be debating the same thing. She declined to comment.

Brimer's district covers about half of Tarrant County, including Fort Worth, Benbrook, Mansfield and part of Arlington. Brimer won the seat in 2002 with 59 percent of the vote.

Where to Vote on Election Day

Here's everything you need to know to cast your ballot tomorrow in North Texas. Please forward the following information to friends and family in North Texas. Let's make a real effort to get out the vote and increase turnout among progressive voters. This is definitely the year to give this our best effort. 2006 is the year: we'll take back Congress... with your help we can also take back Texas. See you at the polls.

[Ed. note: If you experience any problems voting or witness anything suspicious on election day, contact the Texas Democratic Party's Election Protection Team at 512-478-9800.]

Denton County:

• Polling places
• Sample Ballot
• Find your precinct
• League of Women Voters Guide

Collin County:

• Polling places
• Sample ballot
• Find your precinct
• League of Women Voters Guide

Dallas County:

• Polling places
• Sample ballot
• Find your precinct
• League of Women Voters Guide

Tarrant County:

• Polling places
• Sample ballot
• Find your precinct
• League of Women Voters Guide

To view the League of Women's Voter Guide to statewide races, click here. To view NTL's endorsements for North Texas races, click here.

Tarrant County Commissioner Precinct 4: Neighbors Square Off

The race for Tarrant County Commissioner Precinct 4 is a race that literally pits neighbor against neighbor. The long-running incumbent, Republican J.D. Johnson, and his challenger, Democrat Steve Lerma, live on the same street, three houses apart. In an interview, Mr. Lerma gave one rationale for running.

"I'm sick and tired of seeing him use Tarrant County equipment and manpower in his back yard. I hate seeing our Tarrant County tractors cutting his lawn and him taking advantage of our tax dollars and not being a good steward of our money," Lerma told the Editorial Board.

And the reason I know this, and I'm not just saying this because I'm running, is because he's my neighbor. He lives three houses away from me. I see this. Not only do I see this -- my neighbors see this."

Johnson's blunt response: "It's ridiculous. I don't do that. Never have and never will."

So one letter to the editor in today's paper caught my eye. Amid the usual character endorsements, was this little gem.

I'm a neighbor of J.D. Johnson. Without my permission or knowledge, he placed an asphalt road on the back end of my property to make access to his home more convenient for himself.

When I returned from work one afternoon, there it was! We tried to settle the matter but couldn't. His attorney said we couldn't win a lawsuit because his client was J.D. Johnson, county commissioner. The court ruled that Johnson could no longer use the road to access his home!

This is why I support Steve Lerma for county commissioner. I feel he'll bring back honesty and integrity to Pct. 4.

Bert Nunez, Fort Worth

The Fort Worth Star-Telegram endorsed incumbent J. D. Johnson, saying "We find nothing in his performance that demands replacement." Apparently, his neighbors beg to differ.

What's Stopping You? Get Out and Vote!

Don't let a little drizzle keep you inside today. Get to a polling place, do your civic duty and vote. (And take a friend if you can!)

Here's all you need to bone up on the candidates and issues and find the closest early polling location.

In Denton County:
League of Women Voter's Guide

In Collin County:
League of Women Voter's Guide

In Dallas County:
League of Women Voter's Guide

In Tarrant County:
League of Women Voter's Guide

To view the League of Women's Voter Guide to statewide races, click here.

For a list of early voting locations for Dallas, Collin, Denton, Ellis, Kaufman, Rockwall and Tarrant Counties, click here.

ballot propositions in the golden triangle

Early voting began today in Texas and will continue through Nov. 3. North Texas voters are faced with several bond elections and propositions this year. If you plan to vote, make sure you are prepared to vote up or down on each referendum.

Denton County
Denton, Sanger, Aubrey, Krum, Argyle, Bartonville, Copper Canyon, Corral City, Northlake

Dallas County
Dallas, Irving, Coppell, Lancaster, Glenn Heights, Cockrell Hill, Richardson, Sachse, Wilmer

Tarrant County
Arlington, Grapevine, Keller, Azle, Everman, Samson Park, Forest Hill, Burleson

If you are aware of another proposition on any ballot in North Texas that isn't listed here, please let us know in a comment! We'll be happy to add it. Inform yourself and vote!

Tarrant County: one of the worst places to vote in America

A recent Mother Jones article lists the eleven worst places to vote in America. Guess which Texas county is number two on the list? Tarrant County! (Travis County also made number six, and Waller County number nine, tying Texas with Ohio as the worst state in which to vote.)

All of this was brought to our attention by Roger Williams, Texas Secretary of State. In his FWST letter to the editor, Mr. Williams makes the following argument:

Contrary to the perception conveyed in the Mother Jones article, technology was not responsible for the errors in the Tarrant County primary elections -- indeed, it was crucial in identifying them. As the article mentions, "Initial results in Fort Worth, Texas, showed 150,000 votes being tabulated in a county where only about 50,000 people voted." The error was caught and was corrected the next day. Tarrant County officials have been working tirelessly to ensure that a similar human error does not occur in November.

The Help America Vote Act (HAVA) created a great deal of change in elections in Texas and specifically for the counties conducting them. The lesson learned in Texas is that new systems require new training. But to suggest that Texas, or the nation, should abandon electronic voting because of minor human errors defies common sense.

Mr. Williams' defense raises more questions than it answers. First, only in Halliburton's accounting department would overstating the numbers by a factor of 300% be considered a "minor" error. And if the percentage of the error had been less, would this have simply made the error less likely to be noticed? Should we be comforted by the implication in his argument that the human error occurred because of lack of training on the new system, rather than something more malicious?

The Tarrant County Democratic Party has weighed in on behalf of voters to ensure fair elections this fall.

The Tarrant County Democratic Chair, Art Brender, announced that the Tarrant County Democratic Party has asked the Secretary of State, Roger Williams, to overrule the decision by a Deputy Secretary of State which refused to approve Voter Verifiable Paper Audit system that was to be retrofit into the Hart InterCivic Voting System 6.1. That system, without the paper audit trail was used by Tarrant County voters in the Republican and Democratic Primaries this past spring. The Voter Verifiable Paper Audit ("VVPA") consists of a continuous paper roll contained in a sealed plastic container which fits into the E-Slate electronic voting computer. The device prints a paper copy of the voter's summary ballot before the voter casts his or her ballot on the E-Slate. The voter can then compare the printed ballot with the electronic ballot displayed on the computer screen before voting. Once the voter pushes the "vote" button, the paper ballot scrolls forward displaying a blank page to the next voter.

"Programming errors which necessitated a 36-hour recount of all votes cast on lection Day in the 2002 General Election and programming errors that occurred in the Democratic and Republican Primaries this past spring have created considerable distrust among Tarrant County voters of any type of electronic voting system that does not have a Voter Verifiable Paper Audit. The scanners that are used on Election Day have such an audit trail -- the ballot itself which is marked by the voter. Those Tarrant County voters who vote early, or who use the E-Slate on Election Day have no such assurances without this verifiable paper audit trail. The Hart system, including the VVPA, has been approved and past all of the federal standards. There is no reason for the State of Texas to deny the use of this Voter Verifiable Paper Audit which is in use in California, Colorado, Ohio and many other states."

Brender said he was only informed about this matter last week and there is still time to retrofit the Tarrant County machines if the Secretary of State will move promptly to overrule the decision of the Deputy Secretary of State.....

Doesn't everyone stand to gain if elections are free and fair? The real question is why this is a partisan issue at all.

The Battle for Eagle Mountain Lake

State Representative Charlie Geren (R-Fort Worth) of District 99 will be holding a town hall meeting tonight to discuss the fate of Eagle Mountain Lake. The meeting will be attended by representatives of Fort Worth, Tarrant County, and the Tarrant Regional Water District.

WHEN: Thursday, July 13th 6:00PM-7:00PM
WHAT: Town Hall Meeting to solicit input on the potential sale to developers of park land on Eagle Mountain Lake.
WHERE: W. E. Boswell High School Fine Arts Center
5850 Bailey-Boswell Road
Fort Worth, TX 76179.

In case you've missed the controversy, the organization Save Eagle Mountain Lake provides this synopsis:

For the past 5 years, TPWD has considered the sale of this property to in an effort to raise funding for an alternate park located over 90 miles from the current site. In response to that initiative, the Tarrant County Commissioners Court, Tarrant Regional Water District (TRWD), state and local representatives, and the citizens of Fort Worth have worked diligently to secure the required funds to purchase this property on behalf of the residents of Tarrant County and neighboring communities. In recent negotiations, TRWD brought forth a purchase agreement congruent with the appraised value with a commitment from the Tarrant County Commissioners Court to assist in the development and maintenance of the park as originally intended. These offers have been rejected in favor of a state supported plan to sell the property to the highest bidding residential or commercial developers. Save Eagle Mountain Lake, Inc., has recently learned that Governor Perry has directed his staff to prepare a Request for Proposal (RFP) to begin the process of conveyance for development purposes [emphasis mine].

Representative Geren has sponsored legislation supporting the sale to TRWD.

The Tarrant County Commissioners Court approved a resolution in support of the sale of Eagle Mountain Lake for $10 million. If the Tarrant Regional Water District buys the land, they plan to turn it into a wildlife preserve and nature park.

This is an important venue for the citizens of Fort Worth to voice objections to the sale of the land surrounding Eagle Mountain Lake and urge the preservation of a small corner of our ever-dwindling natural heritage.

Early Voting

Early voting for the March 7 primary continues this coming week through Friday, March 3. Polls will be open from 7 a.m. - 7 p.m.

For information on early voting sites in Denton County, click here.
For Dallas County, click here.
For Collin County, click here.
For Tarrant County, click here.

In addition to the slate of candidates, voters will be able to vote on two propositions for the Texas Democratic Party platform.

Propsition 1
Do you support lifting millions of families above the national poverty line by increasing the state minimum wage above it's current level of $5.15 per hour?

Proposition 2
Do you support the restoration of Texans' full rights to a trial by jury in civil cases?

It's important to get Democratic turnout in the primaries. Allocation of polling resources is based on turnout from previous elections, so we need your vote even if there are no contested primary elections on your ballot.