JP Election Brief: The importance of primaries
The JP Election Brief | |
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| Pulling back the curtain on the drama of judicial elections | |
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| In this issue... | |
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February 27, 2014
| The Texas primary election is fast-approaching! On March 4th, voters in that state will choose the Republicans and Democrats who will advance to the general election in November. We can also see the Illinois primary on the horizon, scheduled for March 18th. Because both of these states hold partisan elections, a number of winners will emerge from the primaries who will not face significant opposition (if any) in the general election. For example, if no Democrats file for election to a particular seat, the Republican who wins the primary is a shoo-in for election. This makes primary votes in these two states all the more important. | ||
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Texas primary is key for Court of Criminal Appeals
Craig Enoch, a former justice of the Texas Supreme Court, on the importance of judicial elections:
| “ | It’s when you have a real dispute with your neighbor, you show up in front of the court and the judge is going to make a ruling, it’s a little bit late then to say, ‘gee I should have paid attention when I was voting for judges.'[1][2] | ” |
It's almost time for the primary election in Texas, where candidates will compete with members of their own party for a spot on the general election ballot. This year's judicial races are especially consequential for the Court of Criminal Appeals, which is the highest court in the state for criminal matters and the one which makes the final decision in death penalty cases.[3] That is because the seats of three of its judges, all Republicans, are up for election this year. Tom Price, Paul Womack and Cathy Cochran have announced their retirements.
There is some buzz about how the turnover on this court will affect the court's attitude in regards to the defense versus the prosecution. Jennifer Laurin, a law professor at the University of Texas, stated, "These are frequently three judges who have made the difference one way or another, particularly where the court has tended to rule in a more defense-favored way."[4] Brian Wice, a defense attorney himself, agreed, referring to the three outgoing judges as "winnable votes for the defense."[4] However, Michael Casillas, a chief prosecutor with the Dallas County district attorney's office, said he sees the judges as "trying to be very measured and very common sense, and also applying the letter of the law."[4] One of the candidates, Jani Jo Wood, who is a public defender in Harris County, pointed out that no previous judge of the Court of Criminal Appeals has been a public defender.
This primary is very important, as it will virtually determine the winner of two of the open seats. In the races for Place 4 (Judge Womack's seat) and Place 9 (Judge Cochran's seat), no Democratic candidates have filed. That means that the winner of the Republican primary will advance to the general election against the Libertarian and Green party candidates. Due to the Republican Party's dominance, especially in Texas, this would all but ensure them a win. In the race for Place 3 (Judge Price's seat), the winner of the Republican primary will face Democrat John Granberg in the general election.
The Republican primary line-up for each seat:
Place 3: Barbara Walther vs. Bert Richardson
Place 4: Jani Jo Wood vs. Richard Dean Davis vs. Kevin Patrick Yeary
Place 9: William Kirkendall vs. David Newell
The primary is March 4th.
Illinois is next in line for primary
Mark your calendars, because the Illinois primary is less than three weeks away! On March 18, Illinois voters will decide which of the 144 judicial candidates will advance to compete in the general election on November 4. Some critics have argued that the partisan election process that Illinois uses limits voters' choice in the general election.[5] According to the Madison-St. Clair Record, "only 17 percent of Illinois general election voters will get a chance to choose between two candidates in an open race for judge in November 2014. There will be no choice on the judicial ballot for five of every six general election voters in Illinois."[5] This number was based on 2010 turnout estimates.
There is no doubt that there are more Democratic candidates running in the urban Cook County Circuit Court (Chicago) and more Republican candidates running in rural, downstate counties. Whether these tendencies call for election reform is up for debate. Each state has different methods of judicial selection. Some, like Illinois, use a partisan election approach, while others, such as Wisconsin, go with nonpartisan elections. Other states appoint judges through the governor, commissions or other governing bodies. Undoubtedly, every system will have both pros and cons, and understanding how each system works can be confusing for voters. That's why Judgepedia has resources available to help you find out how judicial elections work in your state. You can start here: Judicial election methods by state.
While some may argue against Illinois' system of partisan elections, the March 18 primary is quickly approaching, so be sure to read up on your candidates!
County board of elections moves offices from city to suburbs
Ohio:
| Every Thursday, Judgepedia's State Courts Staff highlights interesting events in the world of judicial elections across the nation. Make sure to use Judgepedia's Election Central the rest of the week as a hub for all your judicial election needs. |
In a controversial move sure to stoke the ongoing debate about voter rights and access to the polls, Ohio Secretary of State Jon Husted has determined that the Hamilton County Board of Elections should move from its current downtown location to a remote suburban site after the 2016 general election.[6]
Husted, a Republican, cast the tie-breaking vote according to Ohio law after the Hamilton County Board of elections split 2-2 along party lines on whether the move should take place. The two Democrats on the board argued that moving from the existing office on Broadway, which is well-served by public transit, would make in-person early voting more difficult for urban residents without vehicles. The board’s two Republicans argued that the new site in the suburb of Mt. Airy would provide better facilities and more parking spaces, and that there are already plenty of opportunities for people to vote early by absentee ballot or in person during the 35-day early voting period.[7]
In his decision, Husted directed the Board of Elections to come to a “bipartisan agreement” on how to either improve early voting access at the Mt. Airy site or find another early voting location that “works for all of Hamilton County” between now and 2017.[8] Husted said that “three years should be plenty of time” to come to an agreement.[8]
Ohio Democrats, the ACLU, the NAACP, women’s rights groups and others have noted that Husted’s decision comes at a time when additional voting restrictions have also been passed by the Ohio State Assembly, including the elimination of Sunday voting, eliminating one week of early voting, and restricting who can send absentee ballots to voters.[9] The ACLU noted that the downtown location “is convenient for 59% of Cincinnati residents,” while the Mt. Airy site “is convenient to only 29% of Cincinnati residents, and is a staggering 1.5 hour bus ride from downtown…”[6] Ishton Morton, president of the Cincinnati NAACP, said he was in contact with the national NAACP to weigh his organization’s options. Since the move will not take place until 2017, Morton said legal action would be “premature and ineffective.”[10]
The new Mt. Airy site is the former Mercy Hospital building, which was donated to Hamilton County for free by Catholic Health Partners. Hamilton County will also move its crime lab and sheriff’s offices to the new facility.[7]
Fundraising, age disparities in county court race
Incumbent Donald R. Pozzi of the Victoria County Court in Texas will face newcomer Ben Zeller, who is a loan supervisor, in the primary on March 4th.[11]
Pozzi is hoping to be elected to his fourth term as judge, and has raised more than five times the amount of campaign donations than his opponent Zeller has managed. According to the last financial reports before the primary, Pozzi had brought in $96,280, while Zeller had raised $19,060. Pozzi attributes this to the trust the county has in his ability as a judge. "I have a wonderful variety of donors and contributors, various professionals and laborers - it covers the full spectrum - and certainly, I think it shows what those people think of the job that we have been able to accomplish over the past 12 years," he said.[11]
Zeller, as a new name on the ballot, has used social media and volunteers to try to make up for his smaller campaign expenditure. "We're running a grassroots campaign; we have more volunteers, and we're working harder and smarter. This isn't about who can spend the most money; it's about who Republican voters trust," he said of his efforts. He is also funding his campaign with a personal $15,000 loan.[11]
Pozzi is 70 years old and stresses the leadership skills and knowledge he has attained throughout his long career. While Zeller is much younger, at 29 years old, he says that "someone's qualifications for office isn't based on the number of years you've walked on the earth; it's what you've done in the time you've been here." He is focusing his campaign on lowering tax rates and enhancing transparency. Pozzi's campaign treasurer, Robby Burdge, says the judge is dedicated to striving for the county's best interests.[12]
The winner will face Democratic candidate Ron Reyna in November.
Twenty-five-year-old challenges incumbent Tom Head for Lubbock County Court seat
Tired of the judicial status quo in Lubbock County, Texas, young Austin Carrizales intends to land the county court judgeship in 2014.[13]
Carrizales, who is running unopposed as a Democrat in the March 4 primary, will face incumbent Republican Tom Head in November's general election. Head gained renown in 2012 for an anti-Obama rant during the presidential election. He was called a "national embarrassment" by Lubbock's Democratic Party chairman Kenny Ketner this past December.[13] But Head has stated,
| “ | I’m going to let my theology hang out a little bit, so if that offends anybody you can leave now or you can sit here and be offended, but I can’t do that. I can’t divorce who I am and my theology and my philosophy together. That’s who I am.[14][2] | ” |
Though never having worked as a lawyer, 25-year-old Carrizales believes that his education, experience and values will prove beneficial to the county if he defeats Head. He recently graduated from Texas Tech University with a law degree (supplementing an undergraduate degree in political science and a masters in public administration) and worked in Washington, D.C. with Blue Dog Democrats, a political action committee interested in cutbacks to spending.[13]
Head has held the Lubbock County Court judgeship since his election in 1998, prior to which he spent six years serving as a local justice of the peace and city marshal. He too will be unopposed in the upcoming primary, seeking his fifth consecutive four-year term.[15] Head is also a graduate of Texas Tech University.[16]
Head said that he is wary of economic instability around the country, saying that he would like to "repel" that from office and that a change of leadership now would be inadvisable.[14]
Carrizales also believes that economic issues are of immediate importance, saying,
| “ | I would like to implement policies which both carefully manage our resources and enhance the delivery of services throughout our county. … We cannot continue to govern our country by playing catch-up with vital services like law enforcement and road maintenance.[13][2] | ” |
See also
Footnotes
- ↑ KXAN, "Early voting begins with push to educate voters on judicial candidates," February 18, 2014
- ↑ 2.0 2.1 2.2 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ Texas Court of Criminal Appeals: About
- ↑ 4.0 4.1 4.2 The Texas Tribune, "7 Candidates Vie for Chance to Reshape Texas Criminal Court," February 11, 2014
- ↑ 5.0 5.1 Madison-St. Clair Record, "While Pension ‘Reform’ Enjoys Spotlight, Illinois Judicial Election System Remains Flawed," December 4, 2013
- ↑ 6.0 6.1 ACLU, "What's Wrong With this Picture?" February 26, 2014
- ↑ 7.0 7.1 WVXU.org, "Board of Elections will move to Mt. Airy after 2016 election," February 21, 2014
- ↑ 8.0 8.1 Cincinnati Business Courier, "Board of Elections to move," February 21, 2014
- ↑ Cincinnati.com, "Early voting eliminated on Sundays across Ohio," February 25, 2014
- ↑ WLWT.com, "Cincinnati NAACP: BOE move 'Extremely suppressive'," February 26, 2014
- ↑ 11.0 11.1 11.2 Victoria Advocate, "Victoria County election contributions reach $183,000 mark," February 26, 2014
- ↑ Victoria Advocate, "Victoria County judge candidates banking on experience, change," February 5, 2014
- ↑ 13.0 13.1 13.2 13.3 Lubbock-Avalanche Journal, "Recent Tech law school grad challenges county judge's seat," December 7, 2013
- ↑ 14.0 14.1 Lubbock Avalanche-Journal, "Judge Head defends 'theology and philosophy' in announcing re-election plans," November 9, 2013
- ↑ Lubbock Avalanche-Journal, "Lubbock County Judge Tom Head to announce candidacy for re-election," November 7, 2013
- ↑ KCBD, "About Tom Head, candidate Lubbock County Judge," accessed February 27, 2014
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