Lawsuit Alleges Harris County’s Ellis-3 Redistricting Plan is Unconstitutional

A lawsuit filed yesterday with the Harris County District Clerk alleges the Ellis-3 Redistricting Plan adopted in the Harris County Commissioners Court Meeting on 10/28/21 is unconstitutional. The Ellis-3 plan would deny virtually everyone in the Lake Houston Area the ability to vote in the next county commissioner election. If allowed to stand, the plan also has the potential to affect all aspects of county government from flood mitigation to services and taxation. Below is a summary of the lawsuit. See the entire lawsuit here.

Basis For and Goals of Suit

The lawsuit claims the Ellis-3 Plan, which renumbered precincts in addition to redrawing them, disenfranchises more than 1.1 million people of their right to vote in next year’s Harris County elections.

Modified Ellis Plan will flip precincts 3 and 4
Ellis-3 Plan will flip precincts 3 and 4. Colors represent new precinct boundaries and lines represent old.

Plaintiffs in the lawsuit include Republican Commissioners Tom Ramsey in Precinct 3 and Jack Cagle in Precinct 4. The suit names County Judge Lina Hidalgo and Harris County as defendants. Significantly, defendants may be barred from asserting governmental immunity under a legal principle called ultra vires and the Texas Declaratory Judgments Act. “Ultra vires” describes an act which requires legal authority, but is done without it.

The plaintiffs seek a temporary restraining order and injunctive relief that bars the County from using the Ellis-3 plan for the upcoming 2022 election cycle for Harris County Commissioner elections. Plaintiffs also seek to extend the filing period for new candidates and incumbents until after the lawsuit is resolved.

Suit Claims Ellis-3 Plan Deprives 1,125,937 People of Right to Vote

One of the most significant features of the Ellis-3 Plan was that it moved more than a million voters between even- and odd-numbered precincts. In Texas, when people vote for county commissioners depends on whether they live in even- or odd-numbered precincts.

Even-numbered precincts will vote in the 2022 election cycle and odd-numbered precincts will vote in 2024. So when Ellis flipped the numbers for Precincts 3 and 4, he “illegally and unconstitutionally” stripped 1,125,937 Harris County voters of the right to vote in the next election, according to the suit.

The Texas Constitution established the odd/even rules in 1954 through an amendment which also staggered the initial terms of Commissioners, thus ensuring half would be elected every two years.

Virtually all registered voters in the heavily Republican Lake Houston Area would be deprived of their right to vote for commissioners in the next County election.

New precincts in Harris County
New precincts in the Ellis 3 Plan would deprive virtually all Lake Houston Area voters of their right to vote in the next election by putting them in an odd-numbered precinct.
How Ellis-3 Redistricting plan affects Lake Houston Area. Formerly split between Precincts 2 and 4, now everything is in Precinct 3 except for Summerwood and will not be able to vote in the next county election.

The Ellis-3 Plan moves voters from even-numbered precincts into odd-numbered precincts as follows:

  • 7,192 move from Precinct 2 to l
  • 139,434 move from Precinct 2 to 3
  • 215,142 move from Precinct 4 to 1 
  • 764,169 move from Precinct 4 to 3. 

Accordingly, last month’s adoption of the Ellis-3 Plan will prevent more more than 1.1 million people from voting in the next election who otherwise would have voted. The lawsuit calls that “a total and complete abrogation of their constitutionally mandated right to vote.”

17.71% Disparity in Population Made Redistricting Necessary

The lawsuit acknowledges that redistricting was necessary. Under state law, precincts are supposed to have equal-sized populations…or as close as you can get. But in no event should variation from the ideal exceed 10%.

However, prior to redistricting, unequal population growth between 2010 and 2020 exceeded that 10% maximum.

2020 Census data on the Harris County Attorney’s website shows precinct populations varied from the “equal-sized” ideal by the following percentages:

  • P1 -0.36%
  • P2 -10.47%
  • P3  +7.24%
  • P4  +3.59%

That created a population disparity of 17.71% between the largest and smallest precincts, almost double the amount allowed under state law.

2 Million Move Precincts when 200 Thousand Would Have Sufficed

However, the lawsuit also claims that the Ellis-3 Plan moved 2.2 million between precincts (both odd- and even-numbered) when constitutional requirements could have been met by moving only 201,713.

Plaintiffs also claim that they have created a “demonstration map” where population deviations were addressed but ZERO citizens lost their right to vote in the next election. (However, Plaintiff’s did not include that map with their legal filing.)

Plaintiffs offer a simple explanation for why excessive shifting occurred. They assert that “Commissioner Ellis wanted to do whatever it would take to draw a new map that would create three (3) Democratic seats.”

The original petition claims, “…the Ellis 3 Plan does just that.” 

  • “It maintains Ellis’ Precinct I as a reliably Democratic district, making sure that Latino voting strength is too weak to beat him in a primary election, especially given the African-American support he enjoys in that precinct regardless.”
  • “It strengthens Precinct2’s democratic strength in the hopes that Commissioner Adrian Garcia can withstand a general election challenge by a Republican.”
  • “It packs Republicans into Precinct 3, such that the likelihood of Commissioner Ramsey being reelected is high.”
  • “By strengthening the Republican voting strength of Precinct 3, the consequence is to flip the likely partisan nature of Precinct 4 from Republican to Democrat.”

But to do all that, the lawsuit alleges, the Ellis-3 Plan disenfranchised 1.1 million innocent voters.

While generally mocking the lawsuit, even the left-leaning Houston Chronicle admitted today that, “The adopted Ellis map gives Democrats a 50 percentage advantage over Republicans in Precinct 1, 12 points in Precinct 2 and 12 points in Precinct 4.”

The Chronicle continued, “The endgame is that the Democrats can secure a 4-1 majority, which will give them the freedom to set tax rates with a quorum of four members and avoid a minority of two Republicans sitting out and derailing the vote.

Lawsuit Chances

Not one of the experts interviewed by the Chronicle writer gave the suit a snowball’s chance. One dismissed it as “political theater.”

But neither did the Chronicle mention that the Judge assigned to the case, Dedra Davis, was supported by Rodney Ellis in her last election bid.

Judge Dedra Davis has been assigned to the redistricting case.

One Harris County insider who spoke on condition of anonymity said, “She is one of the judges Ellis got elected. There are several of them. The lawsuit has no chance. They will have to appeal up to a higher court.”

A second person sent me this photo. It validates the insider report.

Judge Dedra Davis at Campaign Event with Rodney Ellis, whose plan she will rule on.

Perhaps Davis will recuse herself since Ellis is the lead actor in this drama. Not recusing herself would seem to create grounds for an appeal. Here is the Texas law governing recusal of District Court judges.

Posted by Bob Rehak on 11/17/2021 and modified on 11/18 with addition photo of Ellis and the Judge in his case.

1541 Days since Hurricane Harvey

The thoughts expressed in this post represent opinions on matters of public concern and safety. They are protected by the First Amendment of the US Constitution and the Anti-SLAPP Statute of the Great State of Texas.

Sowing the Seeds of the Next Big Flood

To paraphrase a Biblical saying, “You reap what you sow.” This quote has both positive and negative connotations. In a positive sense, it means “The more seeds you plant, the more you harvest.” In a negative sense, as Robert Louis Stevenson said, “Sooner or later, everyone sits down to a banquet of consequences.”

Parallel with Flood Control

That’s quite true of flood control where, as a society, we seem to have a knack for eroding margins of safety by paving over wetlands, clearcutting trees, understating detention requirements, avoiding floodwater detention, destroying riparian vegetation, building in floodplains, developing next to rivers, sand mining in floodways without minimum setbacks, and more.

Examples from Recent Posts

There’s the development in Spring that chopped down trees along the Spring Creek Greenway.

Where Breckenridge East Crosses Spring Creek Greenway
Where Breckenridge East Crosses Spring Creek Greenway is circled in red.

A new development next to Kingwood along the West Fork that will pave over wetlands.

Northpark South
Future site of Northpark South subdivision at Northpark Drive and Sorters-McClellan Road. Grassy area in forest is wetlands.

Where 131 homes will be built 9-to-the-acre, five feet apart, right next to a tributary of Bens Branch.

Preserve At Woodridge Forest. Looking West.

The 17-acre RV Park whose engineering plans show that the amount of impervious cover didn’t change even after adding 25% more paving to the site. And whose detention pond will be 50% smaller than current standards thanks to a technicality in the submission date of the original plans.

Drainage from Cleared Area will be funneled toward Lakewood Cove homes in foreground.
Drainage from cleared area will be funneled toward Lakewood Cove homes in foreground. Detention pond will be about half of current standard.

Avoiding construction of detention ponds by exaggerating the infiltration rates of soil types.

Lack of detention ponds in Colony Ridge contributed to wash out FM1010 in Liberty County near Plum Grove. Soil surveys claimed soil was more sandy than clay-based, which contradicted USDA findings.

Sand mines that build stockpiles in floodways.

Stockpile at Triple PG Mine in Porter lies at the confluence of two floodways – Caney Creek in foreground and White Oak Creek in woods in background.

Engineers who try to “beat the peak” of a flood by getting their floodwater to the river faster so they don’t have to build detention ponds.

2200-acre Artavia Development in Montgomery County dumps floodwater and silt into West Fork after channeling drainage through sand mines.

Developers that build new homes closer to the river than destroyed homes now being bought out just a mile upstream.

Kings Harbor Condos within feet of West Fork

Ex Post Facto Analysis Won’t Be Needed After Next Flood

I could cite hundreds of more examples, but you get the idea. This is like death by a thousand cuts. When the next big flood comes along, someone will ask, “How’d that happen?” And the answer will be, “We reaped what we sowed.”

It’s been 1536 Days since Hurricane Harvey. If ever there was a wake-up call, Harvey was it. 

  • More than one out of every ten structures in Harris County flooded.
  • 60,000 people had to be rescued by government agencies.
  • Civilian resources rescued tens of thousands more.
  • 300,000 vehicles flooded.
  • 22 major freeways were cut off and impassable.

Damage totaled $125 billion. FEMA:

  • Processed 47,000 flood insurance claims.
  • Made 15,800 small business loans…
  • And approved 177,600 individual assistance grants.

68 people died directly in Harvey, most from being caught in fast-moving floodwaters.

And we’re spending more than $5 billion on flood mitigation projects in Harris County.

“It Didn’t Have to Be that Bad”

The saddest part is…it didn’t have to be that bad. 

A lot of death, damage and destruction could have been avoided…FOR FREE. If only we had learned to listen to and respect Mother Nature more.

That’s a conclusion I have reached after four years of research into flooding in the North Houston area.

My voyage of discovery turned into this website where I share what I learn virtually every day and sometimes twice a day. 

The next step in my journey will be to condense everything I’ve learned into a book that hopefully becomes a case study in how to reduce flood damage.

The major themes will be:

  1. Understanding the causes of flooding
  2. How nobody ever wins an argument with Mother Nature.
  3. Learning to respect rivers and giving them room to roam.
  4. Ending the war on wetlands.
  5. Respecting individual property rights while recognizing our interdependence.
  6. Finding a workable balance between upstream and downstream interests.
  7. How conservation and preservation can be so much more effective than mitigation.
  8. How quickly we forget…and trick ourselves into thinking next time will be different.

In the coming weeks, I hope to explore solutions to some of the problems above. If we can learn to work together, we can live together. And if we protect Mother Nature, Mother Nature will protect us. Let’s reap what we sow in a positive sense next time.

Posted by Bob Rehak on 11/16/21 with grateful thanks to Bayou Land Conservancy and its supporters

1540 Days since Hurricane Harvey

The thoughts expressed in this post represent opinions on matters of public concern and safety. They are protected by the First Amendment of the US Constitution and the Anti-SLAPP Statute of the Great State of Texas.

GLO Extends Deadline for Harvey Homeowner Assistance Applications

The original deadline for Hurricane Harvey Homeowner Assistance applications has been extended from this Friday to New Year’s Eve at 5 P.M. Applications do not have to be completed by then, just started by then. So if you still hope to receive aid, move quickly. Money is running out and eligible applications will be prioritized based on who applied first.

The process involves a large number of documents and complex rules that govern eligibility. Here is the full text of this morning’s press release from the GLO. It includes information on where to apply.

What remained of a home washed downstream during Harvey. Photo by Dan Monks.

AUSTIN — The Texas General Land Office (GLO) has extended the deadline to submit applications for the Homeowner Assistance Program (HAP) to 5 p.m. Dec. 31, 2021. All potential applicants must submit draft applications by the deadline to be considered for eligibility so long as funding is available.

We encourage the community to remember that applications do not need to be fully complete to be submitted. Once application intake concludes, additional program resources will be dedicated to processing applicants for eligibility, through the permitting process and into construction. Applications can be submitted even if documentation is missing as HAP applicant coordinators continue to help applicants who are missing documentation.

The HAP regional offices will remain open, and processing of applications will continue indefinitely until program funds are fully expended. Applications will be considered for award on a first-come, first-served basis, according to the priorities outlined in the Regional Housing Guidelines.

Submitting a complete application does not guarantee eligibility nor funding availability, but applicants must submit a complete application by the deadline to be potentially considered for assistance.

Those residing inside the Houston city limits should apply at recovery.texas.gov/hap/houston, while non-Houston residents of Harris County should apply at recovery.texas.gov/hap/harriscounty. New applicants can also call the toll-free intake center line at 1-866-317-1998.

Harris County and the City of Houston received direct allocations of funding for residents in their jurisdictions. Applicants who previously applied to and are receiving assistance from Harris County and the City of Houston directly should continue to work with their program representatives.

In the City of Houston, applications being processed for eligibility already outnumber available funds, but funds remain available in non-Houston Harris County areas. HAP continues to take waitlist applications in Houston in case additional funding becomes available.

Waitlisted applications will be reviewed for eligibility in the order received based on their submission date, should additional funding be approved. Applications that are started, but not yet submitted by 5 p.m. on Dec. 31, 2021, cannot be considered for assistance.

Thus far, in all 49 counties eligible for Community Development Block Grants for Disaster Recovery (CDBG-DR) funding from U.S. Department of Housing and Urban Development (HUD), the GLO has approved nearly 6,900 applications for construction, with about 850 homes currently under construction and more than 4,000 completed with keys in the hands of homeowners.

The GLO continues processing completed applications with the expectation of rebuilding up to 10,000 homes total for those needing assistance with available funds, with approximately 3,000 of those homes expected to be rebuilt in Harris County and the City of Houston.

Individuals affected by Hurricane Harvey may qualify for assistance through the Homeowner Assistance Program if:

  • They owned their home
  • It was damaged or destroyed by Hurricane Harvey
  • It was their primary residence at the time of the storm
  • Other eligibility factors also apply.

The program offers qualified homeowners assistance to repair, rehabilitate or rebuild homes damaged by Hurricane Harvey. Potential applicants should review the Homeowner Assistance Program Checklist to have all applicable documents ready prior to applying.

Interested homeowners can visit recovery.texas.gov/hap/houston or recovery.texas.gov/hap/harriscounty to find more information.

– End of Release –


For More Information About Homeowner Assistance Applications

The GLO’s main Homeowner Assistance Program website – https://recovery.texas.gov/hap – also provides links to these important documents:

Applications, including all necessary documentation, must be completed and submitted BEFORE the GLO and its partners will begin processing it for eligibility. Each application submitted must be individually evaluated to determine eligibility. If applicants or potential applicants have questions, please contact 346-222-4686 or 1-866-317-1998 (toll free).

Posted by Bob Rehak on 11/15/2021 based on a Texas GLO press release.

1539 Days since Hurricane Harvey