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Texas state legislative Republican primaries, 2018/What is at stake?

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Ballotpedia's series on the Texas state legislative Republican primaries
Overview
Page 1: Election night coverage of primary matchups
Page 2: Races to watch in the 2018 primaries
Page 3: Top 10 races in 2018
Page 4: Factional conflict in the 2018 primaries
Page 5: What was at stake in the 2018 primaries?
Page 6: Campaign activity by influencers and satellite organizations
Page 7: Noteworthy events, timeline, and media coverage of the 2018 primaries
Page 8: Competitiveness in the 2018 primaries
Page 9: Campaign finance in the 2018 primaries
Page 10: May 22 primary runoffs

On this page, you will find details on the following events or policy areas implicated in the March 6 primaries:

  • The 2019 House speaker's race
  • Education finance
  • Property tax rates
  • Bathroom regulations

2019 state House speaker election

In October 2017, House Speaker Joe Straus (R) announced that he would not run for re-election, setting up a contest for House speaker in 2019 that could have been influenced by which members won in the 2018 Republican primaries. The 2018 primaries were likely to decide how much the next Texas speaker led like Straus or leaned more toward the anti-Straus wing of the Texas Republican Party.

The Texas House speaker's powers include appointing members and chairs of standing committees as well as refering legislation to committees.[1]

Declared speaker candidates as March 6, 2018

Possible speaker candidates[2]

Involvement in primaries

Brandon Waltens of Empower Texans wrote that Zerwas established the Texans for a Stronger Economy PAC to draw support in the speaker's race from candidates in contested primaries. The list of candidates that the PAC supported included Straus allies such as Charlie Geren, Lyle Larson, Ken King, and Sarah Davis. Waltens also wrote that Drew Darby was donating to candidates running in contested primaries and that a rivalry between him and Zerwas (which first played out as they both vied for the chair of the Appropriations Committee in 2017) could be starting for the speaker's race.[3]

Rule change and speaker commitment pledge

On December 1, 2017, most state House Republicans voted for a rule change that would require their members to select a speaker in a caucus meeting and then unanimously support that person on the House floor, where all members, including Democrats, are able to vote for the speaker. The rule required the speaker candidate to be elected by the Republican caucus on a secret ballot. The rule provided for additional votes by the caucus if no candidate earned more than two-thirds support on the first ballot. No enforcement mechanism for the rule was adopted.

The rule change was in response to the tenure of Straus, who had previously won elections to be speaker because a coalition of moderate Republicans and Democrats supported him on the floor while conservative Republicans opposed him. State Rep. Matt Schaefer (R), the chairman of the Texas Freedom Caucus, which opposed Straus' leadership, said the following about the rule change: "From the Freedom Caucus perspective, this is a huge win, but it’s a huge win for the whole Republican caucus. I think we knocked the first domino, but the credit goes to a lot of other members who helped the process along." The Texas Republican Party, including Chairman James Dickey, supported the rule change.

At an unrelated event on December 1, Straus did not an offer an opinion on the rule change, but he did express doubt that Republicans would vote together on the floor without an enforcement mechanism, saying, "I’m not sure that anything can be binding, but it sounds like the state party chairman and others are really kind of whipping this thing up, but I would think the wiser approach would be to change the state Constitution. You can’t bind somebody to vote for a speaker candidate on the floor, so ... whatever."[4]

At the time of the rule change, there were two declared candidates for the speaker race in 2019, Phil King and John Zerwas. King announced in September 2017 that he would challenge Straus for the speakership and made remarks that were critical of Straus' leadership style.[5] After Straus announced that he would retire in October 2017, Zerwas, a Straus ally, announced his candidacy.[6] Zerwas said in an interview with the Texas Tribune that he would be a similar leader to Straus.[7]

On December 21, the Texas Monitor reported that Republican state House candidates were being asked to sign a form pledging them to vote for the House speaker candidate chosen by the Republican Caucus during the floor vote for speaker in 2019. Phil King supported the pledge, saying, "Forty-four states have House caucus votes [for speaker]. It’s a reasonable way to elect the speaker." As of December 21, John Zerwas had not signed the pledge and neither had other Straus allies, including Charlie Geren and Sarah Davis. Zerwas said in an interview with the Texas Tribune that he would not commit to voting for the caucus' choice on the House floor and said that the new process should acknowledge the preferences of Democrats. According to the Monitor, about one-half of the 182 Republican state House candidates had signed the pledge.

The New Leadership PAC—which opposed Straus' leadership—supported the pledge, with treasurer Don Dyer saying, "Any incumbent who doesn’t sign the pledge has made themselves an adversary of ours. It is the No. 1 thing on our list of what we expect Republicans to be."[8]

In late November 2017, an anonymous inquiry was submitted to the Texas Ethics Commission asking whether the speaker commitment pledge amounted to legislative bribery. The state Republican Party attempted to find if a Republican representative was the source of the inquiry by submitting an open records request to all 150 state House members.[9]

On January 10, 2018, the Texas Monitor reported that 115 House Republicans had signed the pledge, including Straus allies Four Price and Dan Huberty. Among the 67 members who had not signed the pledge was Straus ally Charlie Geren. The Monitor found that two-thirds of campaign contributions to non-signers had come from political action committees and their related organizations.[10]

Speaker commitment pledge image

This is an image of the speaker commitment pledge that candidates were asked to sign. See it here on the Texas Republican Party's website.

Texas loyalty pledge1.PNG

Who signed the commitment form?

Click [Show] to see the list of candidates who signed the form according to the Texas Republican Party.[11]

Last udpated January 31, 2018

Education finance policy

Republicans were divided on school finance policy, with pro-Straus Republicans tending to support higher levels of state support for public education and anti-Straus Republicans preferring subsidized private school vouchers. The issue of school finance was often tied into property taxes because, at the time of the 2018 elections, state and local governments both provided funding for education in Texas.

In the 2017 special session, the Legislature passed legislation that provided $351 million in funding for public schools and established a commission to study the state's school finance system. Led by Public Education Committee Chairman Dan Huberty, the House originally passed a bill that provided $1.8 billion in public education funding and changed the funding formula for schools. The Senate, which had earlier passed a private school voucher bill, brought down the funding levels in the legislation and did not change the funding formula.[12] The House concurred with the Senate's changes, although Huberty said, "To say I'm disappointed is an understatement."[13]

Heading into the 2018 elections, the organization Texas Educators Vote, which promoted voting and civic engagement among teachers, passed a resolution that suggested school boards could encourage voting by driving eligible students and school employees to the polls if their district's policy allowed it. This prompted criticism from Empower Texans, which supports private school vouchers. Its members argued that the schools were attempting to influence the votes of its employees and that it could encourage teachers who normally prefer Democrats to vote for pro-Straus Republicans in the GOP primaries, something which would be allowed in Texas' open primary system.[14]

In January 2018, Attorney General Ken Paxton (R) issued a non-binding legal opinion that students and employees could not be taken to the polls using district funds or equipment (such as school buses). Empower Texans began asking public school employees to report the use of district funds in election activities. In response, some Texas teachers began sarcastically tweeting at Empower Texans with the hashtag #blowingthewhistle. Here is an example:

Empower Texans President Michael Quinn Sullivan said that his organization had received numerous reports of school administrators engaging in political activity and that his group was sending out open records requests to verify the claims.[14]

Paxton sent cease and desist letters to three schools on February 14, saying they were engaging in electioneering. Specifically, Paxton said the Brazosport, Holliday and Lewisville districts were using taxpayers resources to advocate that their staff vote for specific candidates. He said, “The electioneering of these school districts is unacceptable and a poor example of the civic responsibility, integrity, and honesty that Texas educators should model for our students.” He specifically pointed to tweets by officials or the district's official account that expressed support for Scott Milder in his primary challenge of Lieutenant Gov. Dan Patrick or criticized the education policies passed by the state legislature.

Officials from the Lewisville district issued a statement saying that they disagreed with Paxton's interpretation of their tweets and that they had taken down ones that might have been problematic. The statement said, "We dispute any characterization of the district’s get out the vote campaign as anything other than an effort to engage the LISD staff and community in their constitutional right to vote and advocate for themselves."[15]

On February 23, Joe Straus sent an email to his supporters that said an "Austin special interest group ... apparently feels threatened by the fact that education leaders are encouraging civic participation." He added, "We can't let these voter-intimidation tactics work. Put me down as supporting a culture of voting, among teachers and all eligible Texans."[16]

Property tax rates

Municipalities' ability to raise property taxes divided Republicans, especially after House Speaker Joe Straus (R) blocked a Senate-endorsed bill in the 2017 special session that would have required voter approval for tax increases that were four percent higher than the previous year.[17] The House wanted the election trigger to be set at six percent rather than four percent.[18]

According to KXAN, Gov. Greg Abbott and Lieutenant Gov. Dan Patrick made property taxes a centerpiece of the 2018 Republican primaries, with Abbott seeking a 2.5 percent election trigger. for municipalities to raise taxes.

Some pro-Straus Republicans like El Paso Mayor Dee Margo criticized the caps on property tax growth, arguing such growth is necessary to provide services for cities. They also said that the reason for property tax growth was because state education funding was inadequate and put more of a burden on cities and counties.[19]

Anti-Straus Republicans like Michael Quinn Sullivan of Empower Texans have argued that too many public entities were given the ability to levy property taxes and that heavy burdens would discourage businesses from locating in Texas. He and groups like the Texas Republican Party have argued that a consumption-based tax for certain items should replace property taxes.[20]

Bathroom regulations

Legislation requiring individuals to use the bathroom that corresponds with the gender on their birth certificate passed the state Senate in a 2017 special session but failed in the state House due to opposition from Speaker Straus and business groups like the Texas Association of Business. Bathroom bills are commonly thought to be used to restrict transgender individuals from using the restroom of their choice.

Straus and business groups argued that the legislation would discourage investment in Texas as they claimed it did in North Carolina after it passed similar legislation in 2016. Lieutenant Gov. Dan Patrick and social conservatives argued that the bill was necessary due to privacy concerns, particularly those of women and children, in bathrooms, locker rooms, and showers.[21][22]

According to the Texas Tribune, the bathroom bill did not play as large a role in the primaries as the publication expected.[23]

See also

Footnotes

  1. Texas House of Representatives, "Texas House Rules," accessed January 29, 2018
  2. Texas Tribune, "The Blast," October 25, 2017
  3. Empower Texans, "ZERWAS SPEAKER PAC REVEALS ESTABLISHMENT COALITION," February 28, 2018
  4. Texas Tribune, "House Republicans agree to select speaker candidate in caucus," December 1, 2017
  5. Texas Tribune, "State Rep. Phil King declares candidacy for Texas House speaker," September 22, 2017
  6. Texas Tribune, "Texas House Speaker Joe Straus says he will not seek re-election," October 25, 2017
  7. Texas Tribune, "State Rep. John Zerwas won't commit to backing GOP caucus' speaker pick," November 6, 2017
  8. Texas Monitor, "In Texas House, pledge deniers face primary battles," December 21, 2017
  9. Texas Monitor, "Texas GOP seeks source of legislative ‘bribery’ inquiry," November 22, 2017
  10. Texas Monitor, "Signers rise: Three Straus PAC members take new speaker pledge," January 10, 2018
  11. Texas Republican Party, "REPUBLICAN CANDIDATE REPLIES," accessed January 31, 2018
  12. Texas Tribune, "Senate approves bills on "private school choice" and school finance study," July 24, 2017
  13. Texas Tribune, ""Disappointed" House accepts Senate's changes to school finance bill," August 15, 2017
  14. 14.0 14.1 Texas Tribune, "Civic engagement or illegal electioneering? How a school voting project became a conservative target," February 9, 2018
  15. Texas Tribune, "Texas Attorney General Ken Paxton warns three school districts to cease "unlawful electioneering"," February 14, 2018
  16. Texas Tribune, "The Blast," February 23, 2018
  17. Texas Tribune, "In special session rubble, spotlight shines bright on Straus," August 16, 2017
  18. Texas Tribune, "Property tax legislation clears major hurdle in House," August 12, 2017
  19. KXAN, "Abbott, Patrick throwing weight behind property tax reform in GOP primary," February 12, 2018
  20. Empower Texans, "FINALLY ENDING PROPERTY TAXES?," June 15, 2012
  21. Texas Tribune, "After months of controversy, Texas bathroom bill dies quietly," August 16, 2017
  22. Texas Republican Party, "Republican Primary Voter Guide," February 9, 2018
  23. Texas Tribune, ""Bathroom bill" fizzles as Republican primary issue," February 6, 2018