Ground Game Texas, the group of progressive Democrats that has led grass-roots efforts to decriminalize marijuana in cities across Texas, is celebrating ballot initiatives in Killeen in Harker Heights, believing they will give gubernatorial candidate Beto O’Rourke an advantage at the polls in November.
“This is huge news in the race to defeat Greg Abbott,” according to an emailed news letter from Ground Game, based in Austin. “Here’s why we’re excited by these wins: Harker Heights and Killeen are diverse and quickly-growing cities. If we boost turnout by just a few thousand votes, we can give a huge boost to Beto O’Rourke. With your help, we can decriminalize marijuana … and deliver a secret weapon to Beto O’Rourke,” the Democrat vying to unseat Republican Gov. Abbott on Nov. 8.
Voter turnout is historically higher in midterm and presidential elections — an advantage to ballot initiatives not lost on Ground Game Texas.
“With our ballot initiatives, we can register thousands of new voters who are ready for progressive change and mobilize them on election day,” the news release states. “That will be a huge benefit to candidates like Beto O’Rourke. Communities like Killeen and Harker Heights … are ready for progressive change on issues like marijuana decriminalization.”
Initiatives in both cities were sent to ballot on Tuesday after council members in those municipalities voted against adopting ordinances that would prohibit city police officers from making arrests or issuing citations for possession of up to 4 ounces of marijuana.
But Harker Heights City Manager Dave Mitchell said even if voters in that city pass the initiative, the City Council could decide to quash the results.
“I can’t speak for how the vote will go. Voters will determine that in November. The council (could) leave the ordinance in place, but our charter gives it the ability to repeal or amend the ordinance.”
Mitchell said it is his opinion the Harker Heights City Council cannot adopt an ordinance or enforce one that contradicts state law. However, council members also cannot prevent the ordinance from going to ballot.
“That is asking the council to do something illegal,” he said. “You’re asking them not to follow the initiative process. They did the right thing. They followed the law.”
And in Killeen on Tuesday, Assistant City Attorney Asha Pender invoked Title XI of the Texas Local Government Code to justify a staff recommendation not to adopt the ordinance.
“The governing body of a municipality, the commissioners court of a county, or a sheriff, municipal police department, municipal attorney, county attorney, district attorney, or criminal district attorney may not adopt a policy under which the entity will not fully enforce laws relating to drugs, including Chapters 481 and 483, Health and Safety Code, and federal law,” according to the state law.
Asked for O’Rourke’s opinion on the decriminalization movement across Texas, a spokesman referred the Killeen Daily Herald to his website.
“We shouldn’t be locking Texans up for a substance that is legal in much of the rest of the country,” according to the website. “Marijuana arrests have created vast racial disparities in our criminal justice system, generated an unnecessary burden on Texas taxpayers, and diverted law enforcement officers’ time and attention away from violent crime.”
He also said that, as governor, he would “legalize marijuana and expunge the records of those arrested for marijuana possession.”
Even so, O’Rourke’s position on decriminalization isn’t the only issue Democrats are hoping helps him to defeat Abbott.
“Beto O’Rourke isn’t a one-issue candidate,” said Lynda Nash, chair of the Bell County Democratic Party and a Harker Heights councilwoman. “He is fighting not only for women’s reproductive rights, gun safety and fixing the grid, but he is an advocate of affordable health care. Therefore, his fight for the decriminalization of less than 4 ounces of marijuana isn’t any different from how he continues to fight for Texans.”
But like Ground Game Texas believes, the Harker Heights and Killeen ballot initiatives won’t hurt O’Rourke’s chances at the polls, Nash said.
“This is an issue that will encourage voters to come to the polls in November, but it’s not the only reason. We need a candidate that listens to the voice of the people, and Mr. O’Rourke is the epitome of that. Texas leads the nation in the number of Democrats, and as chair of the Bell County Democratic Party, I believe our voters will turn out in record numbers not only for the decriminalizing of low-level marijuana but all issues.”
Mackenzie Latimer, chair of the Bell County Republican Party, did not return a message seeking comment.
But Chris Bray, the Republican candidate for Precinct 4 commissioner running against Democrat Louie Minor, a Ground Game Texas representative, said he opposes decriminalization and doesn’t think it will help O’Rourke in November.
“I think certain parties would like to hope so,” he said. “Regarding the marijuana decriminalization, the city did the only responsible thing they could do. They voted against it. Now, it is up to the people. I pray common sense wins the day at the polls and citizens reject this ridiculous proposal.”
In November 2020 in Bell County, 126,203 ballots were cast among 217,149 registered voters — a 58% turnout.
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