Wisconsin Republicans ask newly elected liberal justice to not hear redistricting case

Republicans who control the Wisconsin Legislature asked that the newest Democratic-backed justice on the state Supreme Court recuse herself from lawsuits seeking to overturn GOP-drawn electoral maps, arguing that she has prejudged the cases.

Republicans argue in their motions filed with the Wisconsin Supreme Court on Tuesday and made public Wednesday that Justice Janet Protasiewicz can't fairly hear the cases because during her campaign for the seat earlier this year she called the Republican-drawn maps “unfair” and “rigged” and said there needs to be “a fresh look at the gerrymandering question.”

“Justice Protasiewicz’s campaign statements reveal that her thumb is very much on the scale in this case,” Republicans argue in their motion with the court.

Protasiewicz, who was backed by Democrats in her winning election in April, never said how she would rule on a redistricting lawsuit. She never committed to recusing herself from hearing the case. Her win gave liberals a 4-3 majority on the court.

Protasiewicz did promise to recuse herself from any case brought by the Wisconsin Democratic Party because it donated nearly $10 million to her campaign. There are two pending redistricting lawsuits, neither of which was brought by the Democratic Party.

However, the Republican-led Legislature argues that because Democrats would benefit from a redrawing of the maps, Protasiewicz must recuse herself from hearing the case. Staying on the case would violate Republicans' constitutional due process rights, they argue.

Republican Assembly Speaker Robin Vos has said that if Protasiewicz does not recuse herself from the redistricting case, he would look into pursuing her impeachment. Republicans have a two-thirds majority in the state Senate, which would be enough votes to remove Protasiewicz from office should the Assembly vote to impeach. However, her replacement would be named by Democratic Gov. Tony Evers.

Protasiewicz began her 10-year term in August. That week, two similar redistricting lawsuits were filed. The Legislature is seeking to intervene in both lawsuits and have Protasiewicz recuse herself from both.

Protasiewicz did not respond to a request for comment left with a court spokesperson.

Attorneys who brought the two redistricting cases had no immediate comment.

Wisconsin’s Assembly districts rank among the most gerrymandered nationally, with Republicans routinely winning far more seats than would be expected based on their average share of the vote, according to an Associated Press analysis.

Both lawsuits ask that all 132 state lawmakers be up for election that year in newly drawn districts. In Senate districts that are midway through a four-year term in 2024, there would be a special election, with the winners serving two years. The regular four-year cycle would resume again in 2026.

One lawsuit was filed on behalf of voters who support Democrats by Law Forward, a Madison-based liberal law firm, the Stafford Rosenbaum law firm, Election Law Clinic at Harvard Law School, Campaign Legal Center, and the Arnold & Porter law firm.

The other case was brought by voters who support Democratic candidates and several members of the Citizen Mathematicians and Scientists. That group of professors and research scientists submitted proposed legislative maps in 2022, before the state Supreme Court adopted the Republican-drawn ones.

House Republicans swiftly act to obstruct on Trump’s behalf

It's clockwork at this point. Whenever seditionist Donald Trump is accused of another crime, House Republicans rise up to obstruct justice. It's been happening since before Trump's first impeachment. It happened the very moment government agencies began looking into possible connections between Russian hacks of Trump's Democratic opposition and multiple members of Trump's own inner circles. (See: Stone, Manafort.) Trump has been indicted three times now on nearly 100 felony charges, and House Republicans have immediately jumped in to crookedly target his prosecutors every time.

CNN reports that the House Judiciary Committee, led by professional crime enabler Rep. Jim Jordan, is expected to open an investigation into Fulton County District Attorney Fani Willis "as soon as Thursday." The reasons are as shallow as the ones given for the attempts to obstruct the criminal cases levels against Trump in New York and by special counsel Jack Smith. Jordan and the rest of the House organized crime bunch say they want to know whether Willis used federal money to investigate Dear Leader or whether her office was secretly conspiring with Smith in filing the charges against Trump.

But the real reason for House Republican interference is spelled out just as boldly: Jordan is again demanding that law enforcement turn over evidence in the case to Jordan and other Republicans who have remained in contact with Trump after his coup attempt.

That those Republicans have been coordinating with Trump himself is already known. The purpose of demands that prosecutors hand over their evidence is, of course, so that Trump's seditionist allies in Congress can leak the prosecution's evidence to Trump directly.

It's the same play these same Republicans have used throughout each of Trump's numerous scandals. They use their government powers to uncover the witnesses and agents who brought evidence against Trump, then publicly demonize those witnesses to the point of fomenting death threats.

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Jordan's been running an organized crime ring from inside Congress for a good long time now, inheriting the role from Rep. Devin Nunes, who ducked out of Congress under suspicious circumstances only to turn up in a cushy Trump-provided job. The players include the alleged coke orgy guy, otherwise known as Rep. Matt Gaetz; Rep. Marjorie Taylor Greene; and the whole assortment of House Republicans who sought to invalidate Trump's reelection loss with an assist from a Trump-provided rioting mob.

I'm not sure what it's going to take for journalists to start treating Jordan as the chief toady of an organized attempt to sabotage law enforcement from inside Congress itself. None of it is being hidden: We know House Republicans are coordinating with Trump in attempts to sabotage the criminal cases against him.

This is how CNN puts it, and it sure doesn't illuminate much:

It all amounts to a familiar playbook for House Republicans, who have been quick to try to use their congressional majority – which includes the ability to launch investigations, issue subpoenas and restrict funding – to defend the former president and offer up some counter programming amid his mounting legal battles. But they’ve also run into some resistance in their extraordinary efforts to intervene in ongoing criminal matters, while there are questions about what jurisdiction they have over state-level investigations.

Yes, the "some resistance" part of "some resistance in their extraordinary efforts to intervene in ongoing criminal matters" part is because such interference is brazenly illegal, and Jordan and team are skirting a very fine line in relying on congressional protections to dodge prosecution for what would have already landed them with felony indictments themselves if anyone not in the U.S. Congress was foolish enough to try it. It is broadly known that Congress does not have jurisdiction over state-level investigations, which is why the only real threat Jordan can make is to defund any law enforcement office that investigates potential Trump crimes.

But there's simply no question that it's all very crooked, and that the crookedness is specifically aimed at letting an indicted political ally skate free if there's any skating to be done. Jordan's been staking most of his political power on extended efforts to make sure Republicans can commit felonies without repercussions. It's what he wants to be known for. His signature accomplishment.

CNN also obliges the Republican narrative with a now-rote section about how all of this is meant to be "keeping the spotlight on Biden," and as usual doesn't point out that the Republican "spotlight" on Biden is overtly another tactical move to allow Republicans to get away with felonies.

What are Republicans "investigating" Biden over? Well, they've charged him with having a son with addiction struggles who has used his proximity to his important father to land some too-sweet gigs or sell some paintings for more than his talent deserves, while being simultaneously unable to prove that the aforementioned father had a damn bit to do with any of it. It's an unusual focus for a party brushing off a $2 billion foreign investment in another struggling failson, one simultaneous to big foreign gifts to the ex-president who carted the failson into international politics.

Unless, of course, you're trying to blur the lines of "corruption" so that the public considers one to be equivalent to the other, just politics as usual as opposed to post-coup foreign purchases of loyalty.

C'mon. It's been self-evident from the first moments Rudy Giuliani oozed his way through Europe looking for "evidence" that it was Ukraine and Biden who were crooked, not Russia and Donald. The media has been in broad agreement from the first day that Giuliani's push was a transparent stunt, dishonest in premise and vouched for by international criminals. What's with this media insistence on hiding information from the public under layers of fawning quotes and cheap mental shrugs?

More than anything else, this latest House Republican attempt to intervene on behalf of a Trump-led criminal conspiracy should be a reminder that among House Republicans, there are many co-conspirators who assisted in a plan to nullify a United States presidential election rather than abide by a temporary loss of party power. Many. They promoted hoaxes to discredit the election's valid and certified results. They pushed state legislatures to override the vote totals in their states and declare Trump to be the winner by fiat. They supported the plan to "object" to the electoral counts from Biden-won states, a plan that would have seen the fraudulent slates prepared by Republican co-conspirators introduced instead if Trump's vice president could have been convinced to present the forged versions.

This isn't a case of House Republicans looking to let Trump skate from a crime they were uninvolved with. The majority of the caucus were in on the very conspiracy they're now obstructing the prosecution of.

You'd think that'd be front and center in these stories. "House Republicans still working to cover up their own criminal conspiracy" is a hell of a lot bigger a story than whatever bluster Jordan might be offering up to keep his cover-up going.

Everyone always talks about redistricting, but what is it like to actually do it? Oregon political consultant Kari Chisholm joins us on this week's episode of “The Downballot” to discuss his experience as member of Portland's new Independent District Commission, a panel of citizens tasked with creating the city's first-ever map for its city council. Kari explains why Portland wanted to switch from at-large elections to a district-based system, how new multimember districts could boost diversity on the council, and the commission's surprisingly effective efforts to divide the city into four equal districts while heeding community input.

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Morning Digest: Ohio Republicans once again grovel for Trump’s Senate endorsement

The Morning Digest is compiled by David Nir, Jeff Singer, and Stephen Wolf, with additional contributions from the Daily Kos Elections team.

Subscribe to The Downballot, our weekly podcast

Leading Off

OH-Sen: While Ohio Secretary of State Frank LaRose has experienced what could charitably be described as a rough August, he insists to Jewish Insider that he's "likely" to earn Donald Trump's endorsement in the Republican primary to face Democratic Sen. Sherrod Brown. Trump "wants to be with somebody who can win the race and also be a good ally of his in the Senate, which I would be," argued LaRose, despite the fact that he reportedly earned the wrong type of attention from the party's supreme leader two weeks ago after he appeared to defend Mike Pence's actions on Jan. 6.

That moment came when NBC's Chuck Todd asked the secretary if Pence had done the right thing by refusing to reject the results of the 2020 election. LaRose replied that Pence "made the best decision he could with the information in front of him." An unnamed source told the network, "The video was sent to Trump by multiple people, and he has watched it," though they didn't say how Trump had responded—though it isn't hard to guess.

LaRose's team, for its part, quickly tried to walk back the candidate's remarks. "His position is that a lot of people wish they'd done things differently on January 6th," said the campaign in a statement. "Mike Pence made decisions based on what he knew at the time. Not everyone agrees that he did, and that includes President Trump." LaRose, though, had more cleanup to perform just days later when he fired press secretary Rob Nichols after Trump allies uncovered anti-Trump tweets Nichols had penned. In one, he had told a MAGA fan, "[I]t's been an incredible indictments race to the bottom for your guys and hunter biden...the daytona 500 of felonies and misdemeanors."

All of this took place shortly after Ohio voters decisively refused to heed LaRose's calls to support Issue 1, the Republican-backed constitutional amendment that would have made it more difficult to change the state's governing document. "This is 100% about keeping a radical, pro-abortion amendment out of our constitution," LaRose told his fellow Republicans in comments that the "no" side plastered across the state in ads.

LaRose also tried to use his ardent support for Issue 1 to enhance his own standing in the Senate primary, declaring at one point that his two wealthy intra-party foes, state Sen. Matt Dolan and businessman Bernie Moreno, should each throw down $1 million to promote it. (Cleveland.com reports that Dolan owns assets worth at least $14.5 million, while Moreno's fortune is valued at a minimum of $25.5 million.) Moreno's team, though, responded to the measure's 57-43 loss by calling it "a preview of what would happen with Frank LaRose at the top of the ticket in 2024—a 14-point landslide loss that crushed conservatives."

Despite LaRose's protestations, Moreno has looked like the candidate with the best chance to secure Trump's endorsement; Trump himself told followers at a July gathering, "We love Ohio, and we love Bernie Moreno." (It also doesn't hurt that Moreno's son-in-law is Rep. Max Miller, a former White House aide who was so close to Trump that a source told Politico in 2021, "They had … kind of a unique 'bro' relationship.")

In his interview with Jewish Insider, LaRose seemed to bash Moreno in particular when he said it was possible to "be a great Trump supporter" without attempting "to be a cheap knockoff" of Trump. We can be pretty certain that he didn't have Dolan in mind: During his failed 2022 campaign for the state's other Senate seat, Dolan said that the GOP needed to move on from the Big Lie and Trump. Predictably, though, he hasn't actually ruled out backing Trump next year.

But Moreno, as the Daily Beast reported last week, has his own history of firing off tweets questioning Big Lie orthodoxy. In December of 2020, the now-candidate tried to argue that, while Democrats were wrong for accusing Trump of colluding with Russia, it was "just as bad for [Trump] to make claims of a fraudulent election without proof." He also condemned the Jan. 6 riots as they were happening and later liked a missive from Texas Rep. Dan Crenshaw defending Liz Cheney's vote to impeach Trump. There's no sign yet, however, that Trump wants to punish Moreno, who now defends the Jan. 6 defendants as "political prisoners" and declared during his aborted 2022 Senate campaign, "President Trump says the election was stolen, and he's right."

Moreno still may need to be on guard, however, after what happened last cycle to former state party chair Jane Timken during the race to succeed retiring Sen. Rob Portman. Trump, reported Politico's Alex Isenstadt, had outright told Timken he'd endorse her only to abruptly change his mind when she initially defended another impeachment backer, Ohio Rep. Anthony Gonzalez. Trump eventually endorsed J.D. Vance, who himself had transformed from a one-time critic into a MAGA lackey, a decision that helped the now-senator win the primary.

Just a few months ago, LaRose seemed determined to avoid humbling himself to win Trump's backing as most of the 2022 field had. The secretary, in a springtime "secret recording" obtained by Politico, instead told fellow Republicans that while Trump's support "matters," only 20% of the primary electorate would "vote for whoever" he endorsed. He added that, while he thought he'd win Trump's favor, he didn't think "begging for it" would work. But his decision to fire Nichols, who had a long history in state GOP politics, has some observers thinking that LaRose is now willing to do whatever it takes to secure Trump's approval.

"Is the Trump endorsement worth burning bridges and setting fire to friendships?" an unidentified strategist asked the conservative Washington Examiner. "Is the Trump endorsement worth that much?" In LaRose's case, the operative argued, it very much isn't. "It just appears unnatural. It's like he's twisting himself in knots. When you're not true to yourself, it shows."

The Downballot

Everyone always talks about redistricting, but what is it like to actually do it? Oregon political consultant Kari Chisholm joins us on this week's episode of The Downballot to discuss his experience as a member of Portland's new Independent District Commission, a panel of citizens tasked with creating the city's first-ever map for its city council. Kari explains why Portland wanted to switch from at-large elections to a district-based system; how new multi-member districts could boost diversity on the council; and the commission's surprisingly effective efforts to divide the city into four equal districts while heeding community input.

Co-hosts David Nir and David Beard also recap yet another New Hampshire special election that saw Democrats overperform district baselines—and why Republicans should be worried about an even bigger special in September. They then discuss why a new Democratic recruit could help put Florida's Senate race in play and highlight another effort to put abortion on the ballot in 2024 in a very red state: Nebraska.

Subscribe to "The Downballot" on Apple Podcasts to make sure you never miss a show—new episodes every Thursday! You'll find a transcript of this week's episode right here by noon Eastern time.

Governors

LA-Gov: Faucheux Strategies finds GOP Attorney General Jeff Landry in strong shape in a survey conducted for several groups, including the state Urban League, the Public Affairs Research Council of Baton Rouge, and five media outlets. Landry and the one serious Democrat in the race, former state Transportation Secretary Shawn Wilson, respectively take 36% and 26% in the Oct. 14 nonpartisan primary, with wealthy independent Hunter Lundy a distant third with just 7%. Faucheux, which is run by veteran Louisiana pollster Ron Faucheux, also shows Landry beating Wilson 54-36 in a Nov. 18 runoff.

Almost every other firm has also shown Landry and Wilson advancing as all their opponents languished in the single digits. The only contrary numbers came in late June when a Remington Research poll for allies of former state Chamber of Commerce head Stephen Waguespack placed Wilson at 27% as Landry edged out its candidate 25-16. The only prior look at a runoff, by contrast, came from a July BDPC survey for the conservative group Citizens for a New Louisiana, and it had Landry edging Wilson just 45-40.

MS-Gov: Democrat Brandon Presley has launched a response spot days after Republican incumbent Tate Reeves debuted a transphobic ad insinuating that his foe opposed a new state law that banned gender-affirming care for minors. "I'm on the record saying I don't support gender surgery for minors or boys playing girls sports―never have," Presley tells the audience. "Truth is, Tate Reeves will say anything to protect his good ol' boy network work and hide the fact that he's caught up in the largest corruption scandal in the history of Mississippi."

House

MN-01: Democratic state Sen. Nick Frentz tells Axios that he's interested in challenging Republican Rep. Brad Finstad in what would be a difficult race for this 54-44 Trump seat in southern Minnesota, and he added that he has no timeline to decide. This area was swingy turf well into the 2010s, but it moved sharply to the right during the Trump era and has remained tough turf for Democrats.

Finstad himself last year won the August special election to succeed the late Jim Hagedorn just 51-47 against Democrat Jeff Ettinger, but he triumphed 54-42 in their rematch a few months later. (The special was conducted using the old congressional map, but the 1st didn't change much following redistricting.) Democratic Gov. Tim Walz, who represented previous versions of this seat for 12 years, also lost the constituency 52-45 against Republican Scott Jensen even as the governor was winning statewide by that same margin.

TX-23: Punchbowl News' Mica Soellner reports that several members of the hardline Freedom Caucus are "plotting behind the scenes" to deny renomination to GOP Rep. Tony Gonzales, but they've yet to consolidate behind any of his challengers. The state party censured the incumbent in March for defying the party line on multiple occasions, but he's remained defiant in a gerrymandered seat that spans from the San Antonio suburbs to El Paso and backed Donald Trump 53-46.

Pennsylvania Rep. Scott Perry, who runs the Freedom Caucus, met with former ICE official Victor Avila in May, while 22nd District Rep. Troy Nehls later hosted an event that Avila addressed. But Avila, who finished a distant fifth place in last year's primary for land commissioner, has yet to earn endorsements from either representative, and he finished June with less than $20,000 available.

Soellner also writes that gun maker Brandon Herrera, who has 2.8 million subscribers on his "The AK Guy" YouTube channel, also had some favorable contact with Florida ​​Rep. Matt Gaetz as he wages his own bid to beat Gonzales. Gaetz last week used his guest-host slot on Newsmax to interview Herrera and call this contest "America's most exciting congressional Republican primary election." Herrera entered the race in July after the new fundraising quarter began.

The field also includes Medina County GOP chair Julie Clark, who kicked off her bid in March. Clark self-funded over $300,000 through June but raised little from donors, and she had only $3,000 left at the end of the last quarter. Arizona Rep. Andy Biggs, says Soellner, has met with Clark as well as Avila. A runoff would take place if no one earned a majority of the vote in next March's primary, a scenario that Gonzales and his $1.6 million war chest would like to avert.

Gonzales defied his party's base by confirming Joe Biden's victory in the hours after the Jan. 6 attack and later supporting gun safety legislation after the Robb Elementary School shooting in Uvalde happened in his district. He responded to the censure vote in March in Spanish with what the Houston Chronicle calls "some words for the group that are probably too coarse for a family newspaper."

Legislatures

NH State House: Democrats racked up another big overperformance in New Hampshire on Tuesday night as David Fracht defeated Republican John Keane 72-28 in a special election for Grafton County's 16th District, 13 points better than Joe Biden's already sizable 64-34 margin. It's the third such result in as many tries this year: In May, Democrats ran 16 points ahead of Biden in another vacant seat in Hillsborough County, which followed a 7-point overperformance in February in a do-over election in Strafford County after November's contest ended in a tie.

Fracht's victory bumps up the Democratic caucus to 197 members, while Republicans have 199 (two more seats are held by independents). Next month, Democrats will try to flip a swingy Republican seat in Rockingham County. If they succeed and then hold another safely blue seat in Hillsborough County in November, then they'll strip away the GOP's majority by forcing the chamber into a 199-199 tie between the parties.

Despite awful month, Ohio secretary of state insists he’s ‘likely’ to get Trump backing for Senate

While Ohio Secretary of State Frank LaRose has experienced what could charitably be described as a rough August, he insists to Jewish Insider that he's "likely" to earn Donald Trump's endorsement in the Republican primary to face Democratic Sen. Sherrod Brown. Trump "wants to be with somebody who can win the race and also be a good ally of his in the Senate, which I would be," argued LaRose, despite the fact that he reportedly earned the wrong type of attention from the party's supreme leader two weeks ago after he appeared to defend Mike Pence's actions on Jan. 6.

That moment came when NBC's Chuck Todd asked the secretary if Pence had done the right thing by refusing to reject the results of the 2020 election. LaRose replied that Pence "made the best decision he could with the information in front of him." An unnamed source told the network, "The video was sent to Trump by multiple people, and he has watched it," though they didn't say how Trump had responded—though it isn't hard to guess.

LaRose's team, for its part, quickly tried to walk back the candidate's remarks. "His position is that a lot of people wish they’d done things differently on January 6th," said the campaign in a statement. "Mike Pence made decisions based on what he knew at the time. Not everyone agrees that he did, and that includes President Trump." LaRose, though, had more cleanup to perform just days later when he fired press secretary Rob Nichols after Trump allies uncovered anti-Trump tweets Nichols had penned. In one, he had told a MAGA fan, "[I]t’s been an incredible indictments race to the bottom for your guys and hunter biden...the daytona 500 of felonies and misdemeanors."

All of this took place shortly after Ohio voters decisively refused to heed LaRose's calls to support Issue 1, the Republican-backed constitutional amendment that would have made it more difficult to change the state's governing document. "This is 100% about keeping a radical, pro-abortion amendment out of our constitution," LaRose told his fellow Republicans in comments that the "no" side plastered across the state in ads.

LaRose also tried to use his ardent support for Issue 1 to enhance his own standing in the Senate primary, declaring at one point that his two wealthy intra-party foes, state Sen. Matt Dolan and businessman Bernie Moreno, should each throw down $1 million to promote it. (Cleveland.com reports that Dolan owns assets worth at least $14.5 million, while Moreno's fortune is valued at a minimum of $25.5 million.) Moreno's team, though, responded to the measure's 57-43 loss by calling it "a preview of what would happen with Frank LaRose at the top of the ticket in 2024—a 14-point landslide loss that crushed conservatives."

Despite LaRose's protestations, Moreno has looked like the candidate with the best chance to secure Trump's endorsement; Trump himself told followers at a July gathering, "We love Ohio, and we love Bernie Moreno." (It also doesn't hurt that Moreno's son-in-law is Rep. Max Miller, a former White House aide who was so close to Trump that a source told Politico in 2021, "They had … kind of a unique 'bro' relationship.")

In his interview with Jewish Insider, LaRose seemed to bash Moreno in particular when he said it was possible to "be a great Trump supporter" without attempting "to be a cheap knockoff" of Trump. We can be pretty certain that he didn't have Dolan in mind: During his failed 2022 campaign for the state's other Senate seat, Dolan said that the GOP needed to move on from the Big Lie and Trump. Predictably, though, he hasn't actually ruled out backing Trump next year.

But Moreno, as the Daily Beast reported last week, has his own history of firing off tweets questioning Big Lie orthodoxy. In December of 2020, the now-candidate tried to argue that, while Democrats were wrong for accusing Trump of colluding with Russia, it was "just as bad for [Trump] to make claims of a fraudulent election without proof." He also condemned the Jan. 6 riots as they were happening and later liked a missive from Texas Rep. Dan Crenshaw defending Liz Cheney's vote to impeach Trump. There's no sign yet, however, that Trump wants to punish Moreno, who now defends the Jan. 6 defendants as "political prisoners" and declared during his aborted 2022 Senate campaign, "President Trump says the election was stolen, and he’s right."

Moreno still may need to be on guard, however, after what happened last cycle to former state party chair Jane Timken during the race to succeed retiring Sen. Rob Portman. Trump, reported Politico's Alex Isenstadt, had outright told Timken he'd endorse her only to abruptly change his mind when she initially defended another impeachment backer, Ohio Rep. Anthony Gonzalez. Trump eventually endorsed J.D. Vance, who himself had transformed from a one-time critic into a MAGA lackey, a decision that helped the now-senator win the primary.

Just a few months ago, LaRose seemed determined to avoid humbling himself to win Trump's backing as most of the 2022 field had. The secretary, in a springtime "secret recording" obtained by Politico, instead told fellow Republicans that while Trump's support "matters," only 20% of the primary electorate would "vote for whoever" he endorsed. He added that, while he thought he'd win Trump's favor, he didn't think "begging for it" would work. But his decision to fire Nichols, who had a long history in state GOP politics, has some observers thinking that LaRose is now willing to do whatever it takes to secure Trump's approval.

"Is the Trump endorsement worth burning bridges and setting fire to friendships?" an unidentified strategist asked the conservative Washington Examiner. "Is the Trump endorsement worth that much?" In LaRose's case, the operative argued, it very much isn't. "It just appears unnatural. It’s like he’s twisting himself in knots. When you're not true to yourself, it shows."

WI GOP-dominated Legislature asks new Democratic-backed justice to recuse herself from redistricting case

Republicans who control the Wisconsin Legislature asked that the newest Democratic-backed justice on the state Supreme Court recuse herself from lawsuits seeking to overturn GOP-drawn electoral maps, arguing that she has prejudged the cases.

Republicans argue in their motions filed with the Wisconsin Supreme Court on Tuesday and made public Wednesday that Justice Janet Protasiewicz can't fairly hear the cases because during her campaign for the seat earlier this year she called the Republican-drawn maps "unfair" and "rigged" and said there needs to be "a fresh look at the gerrymandering question."

"Justice Protasiewicz’s campaign statements reveal that her thumb is very much on the scale in this case," Republicans argue in their motion with the court.

Protasiewicz, who was backed by Democrats in her winning election in April, never said how she would rule on a redistricting lawsuit. She never committed to recusing herself from hearing the case. Her win gave liberals a 4-3 majority on the court.

Protasiewicz did promise to recuse herself from any case brought by the Wisconsin Democratic Party because it donated nearly $10 million to her campaign. There are two pending redistricting lawsuits, neither of which was brought by the Democratic Party.

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However, the Republican-led Legislature argues that because Democrats would benefit from a redrawing of the maps, Protasiewicz must recuse herself from hearing the case. Staying on the case would violate Republicans' constitutional due process rights, they argue.

Republican Assembly Speaker Robin Vos has said that if Protasiewicz does not recuse herself from the redistricting case, he would look into pursuing her impeachment. Republicans have a two-thirds majority in the state Senate, which would be enough votes to remove Protasiewicz from office should the Assembly vote to impeach. However, her replacement would be named by Democratic Gov. Tony Evers.

Protasiewicz began her 10-year term in August. That week, two similar redistricting lawsuits were filed. The Legislature is seeking to intervene in both lawsuits and have Protasiewicz recuse herself from both.

WISCONSIN IN THE SPOTLIGHT AHEAD OF 2024 ELECTION

Protasiewicz declined to comment when asked for her reaction to the request and whether she would step away from the cases.

"I appreciate your interest in the Wisconsin Supreme Court," she said via email. "I do not wish to comment, but thank you very much for reaching out to me."

Attorneys who brought the two redistricting cases had no immediate comment.

Wisconsin’s Assembly districts rank among the most gerrymandered nationally, with Republicans routinely winning far more seats than would be expected based on their average share of the vote, according to an Associated Press analysis.

Both lawsuits ask that all 132 state lawmakers be up for election that year in newly drawn districts. In Senate districts that are midway through a four-year term in 2024, there would be a special election, with the winners serving two years. The regular four-year cycle would resume again in 2026.

One lawsuit was filed on behalf of voters who support Democrats by Law Forward, a Madison-based liberal law firm, the Stafford Rosenbaum law firm, Election Law Clinic at Harvard Law School, Campaign Legal Center, and the Arnold & Porter law firm.

The other case was brought by voters who support Democratic candidates and several members of the Citizen Mathematicians and Scientists. That group of professors and research scientists submitted proposed legislative maps in 2022, before the state Supreme Court adopted the Republican-drawn ones.

Two more Trump co-defendants surrender in Georgia election fraud case

Two more co-defendants have surrendered in the Georgia election fraud case against former President Donald Trump.

Former Coffee County Republican Party Chairwoman Cathy Latham and Georgia Republican Party Chairman David Shafer were granted bond Tuesday after surrendering themselves. 

Latham, who is facing 12 charges in the case, including violations of the RICO Act and conspiracy to defraud the state, was released on $75,000 bond. 

GEORGIA INDICTMENT: 2 TRUMP CO-DEFENDANTS BOOKED IN FULTON COUNTY JAIL

Shafer was also released on a $75,000 bond.

Latham and Shafer are not the first co-defendants to surrender themselves to Georgia authorities.

Scott Hall, an Atlanta-based bail bondsman, and John Eastman, a former Trump attorney, were each booked Tuesday at the Fulton County Jail, records show. 

TRUMP BOND SET AT $200,000 AFTER GEORGIA INDICTMENT; HE WILL BE PROCESSED THURSDAY

Hall has been assigned a $10,000 bond for seven charges. Eastman accepted a $100,000 bond. 

The two men were indicted last week alongside Trump and 16 others, who are accused by Fulton County District Attorney Fani Willis of scheming to subvert the will of Georgia voters in a desperate bid to keep Joe Biden out of the White House. 

It was the fourth criminal case brought against the Republican former president.

Eastman, a former dean of Chapman University Law School in Southern California, faces charges related to his advice to Trump on how the former president could overturn the 2020 election. 

Hall is accused of conspiring to unlawfully access voter data and ballot counting machines at the Coffee County Election office on Jan. 7, 2021. His seven charges include one count of violation of the Georgia RICO Act, two counts of conspiracy to commit election fraud, one count of conspiracy to defraud Georgia, and three felony counts related to his alleged actions in Coffee County. 

Eastman said in a statement provided by his lawyers that he was surrendering "to an indictment that should never have been brought." 

Fox News Digital's Chris Pandolfo contributed to this report.

Morning Digest: Democrats’ new Florida recruit has a plan to exploit Rick Scott’s bungling

The Morning Digest is compiled by David Nir, Jeff Singer, and Stephen Wolf, with additional contributions from the Daily Kos Elections team.

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Leading Off

FL-Sen: Former Florida Rep. Debbie Mucarsel-Powell kicked off her campaign to unseat Republican Sen. Rick Scott on Tuesday, a development that gives national Democrats the recruit they want for what will be a challenging contest. Mucarsel-Powell, though, is hoping that Scott's own vulnerabilities, as well as a backlash to Gov. Ron DeSantis' far-right agenda, will give her the chance to score an upset in a longtime swing state that veered sharply to the right in 2022.

Mucarsel-Powell, who flipped a competitive Miami-area House seat in 2018 but lost it two years later, first needs to win the primary. However, she begins as the strong favorite to become the first Latina Democrat ever nominated for statewide office.

The only other notable candidate who has launched a bid is Navy veteran Phil Ehr, who raised $2 million for his 2020 campaign against the nationally infamous Rep. Matt Gaetz in the safely red 1st District, but he's so far attracted no major allies. Former Rep. Alan Grayson also is talking about running and even filed FEC paperwork in late June, but his deliberations have attracted little attention now that he's well into the perennial candidate stage of his career.

Scott, who became wealthy running what was the nation's largest for-profit hospital chain, HCA, used his vast personal resources to win two tight races for governor in 2010 and 2014 before narrowly unseating Sen. Bill Nelson in 2018.

His political fortunes, though, took a sharp downturn last cycle after a chaotic tenure as head of the NRSC that was defined by a feud with Senate Minority Leader Mitch McConnell and saw the GOP manage to defy history by actually losing a seat. One of Scott's many mistakes came early in 2022 when he unveiled a plan to "sunset" all federal legislation, including Social Security, after five years, an agenda that Democrats were only too happy to make Republican Senate candidates answer for.

Scott's proposal received new attention earlier this year when President Joe Biden attacked it in his State of the Union address—a pile-on that McConnell was only too happy to join. "I think it will be a challenge for him to deal with this in his own reelection in Florida, a state with more elderly people than any state in America," said McConnell of the senator who months before had tried to oust him as the GOP's Senate leader. (The bad blood between the two camps continues to linger, with one unnamed McConnell ally using just two words to describe Scott to Time magazine in April: "Ass clown.")

Scott soon edited his "sunset" plan to include "specific exceptions of Social Security, Medicare, national security, veterans benefits, and other essential services," but Mucarsel-Powell made it clear this week that his belated about-face wouldn't deter her from making Scott's blunder an issue. "He wrote the plan that could take away the Social Security and Medicare you worked and paid for," she said in a kickoff video that also insinuated Scott had shirked his duties to the public while becoming even richer during his time in office.

The former congresswoman went on to highlight the most notorious chapter of Scott's business career: his company's 2003 guilty plea in what the Department of Justice at the time proclaimed was "the most comprehensive health care fraud investigation" it had ever undertaken. (HCA wound up paying a record $1.7 billion in fines.)  The scandal was never quite enough to deny Scott victory in any of his previous elections, but Mucarsel-Powell is hoping it will help her frame this race as a battle between an immigrant from Ecuador who once "worked for minimum wage in a donut shop" and a wealthy incumbent "who cuts taxes for himself, but he'd raise them for you."

Mucarsel-Powell is also hoping to get some help at the top of the ticket if she's to give Florida Democrats their first win in a federal statewide race since 2012. Donald Trump carried the Sunshine State 51-48 in 2020 even as he was losing most other swing states, but it was landslides by DeSantis and Sen. Marco Rubio in 2022 that truly left Democrats in a funk. However, there are signs that Joe Biden is serious about keeping Florida in play next year, as his campaign included the state as part of a new $25 million TV and digital buy covering several battlegrounds.

And Democrats have some reason to be optimistic that, if serious resources are allocated here, their message could gain traction. Abortion rights advocates are collecting signatures to place a constitutional amendment on next year's ballot that would both undo the six-week abortion ban that DeSantis signed into law in April and allow the procedure to take place up to 24 weeks into pregnancy. That could create problems for Republican candidates like Scott, who backed DeSantis' ban and has indicated support for a federal ban as well.

The former congresswoman is also betting that voters are tired of other parts of DeSantis' agenda. "These out-of-touch extremists cannot continue to wield the levers of power in our state," she declared last month. Democrats are hoping that Donna Deegan's upset win in the May race for mayor of Jacksonville was an early sign that Floridians are indeed growing weary of what the DeSantis-era GOP has to offer. They'll also have an early chance to prove that victory was no fluke in a Jan. 16 special election where they'll try to flip a competitive state House seat in the Orlando area.

Democrats also hope that Mucarsel-Powell, who was the first immigrant from South America ever elected to Congress, will be able to appeal to the many Latino voters who switched sides and backed Trump in 2020 after voting for Hillary Clinton four years earlier. Mucarsel-Powell herself experienced that swing the hard way in 2020 as the old version of her 26th Congressional District, where the electorate had a large number of Cuban Americans and voters with ties to elsewhere in Latin America, veered from a 57-41 win for Clinton all the way to a 53-47 Trump victory, a transformation that helped Miami-Dade County Mayor Carlos Giménez unseat her 52-48.

"Yes, the fear of socialism is real and engrained for those of us who fled dangerous places in search of the American dream," Mucarsel-Powell wrote in a Twitter thread two weeks after her defeat. "My own father was murdered by a criminal with a gun in Ecuador. But it's not why I lost and it's not the only reason South Florida went red."

"There were many factors," she continued, including "a targeted disinformation campaign to Latinos; an electorate desperate to re-open, wracked with fear over the economic consequences; a national party that thinks racial identity is how we vote." Mucarsel-Powell went on to argue that state and national Democrats need to "step back and deeply analyze how we're talking to Latinos and every voter." Now she'll have the chance to test out her own prescription statewide.

Senate

NV-Sen: Duty First, a super PAC that backs Army veteran Sam Brown, has publicized an internal from Public Opinion Strategies that shows him beating election conspiracy theorist Jim Marchant 33-15 in the GOP primary, with no one else taking more than 2%. This is the first survey we've seen of the contest to face Democratic Sen. Jacky Rosen.

House

CA-22: Democratic state Sen. Melissa Hurtado announced Tuesday that she would challenge Republican Rep. David Valadao in California's 22nd District, a Central Valley constituency that favored Joe Biden by a 55-42 margin in 2020. Hurtado joins former Assemblyman Rudy Salas, a Democrat who is running to avenge his 52-48 loss last year against Valadao, in the top-two primary.

Hurtado joined the state Senate in 2018 when she unseated Republican incumbent Andy Vidak 56-44, a victory that made the 30-year-old the youngest woman ever elected to the chamber. She faced a tough battle four years later to remain there, though, especially after the state's independent redistricting commission left her with a seat that was about one-third new to her.

Democrats were also only too aware that the party's long struggle to turn out their Central Valley base in non-presidential cycles meant that the electorate would be considerably more conservative than the one that favored Biden 53-45 two years before in Hurtado's revamped 16th Senate District. Republican Brian Dahle ended up scoring a 55-45 victory here over Democratic Gov. Gavin Newsom, but Hurtado narrowly held on and beat Republican David Shepard by 13 votes.

Hurtado's tight win came the same night that Valadao defeated Salas in one of the year's most expensive House races as Dahle was carrying his seat 52-48. Salas soon began laying the groundwork for a rematch, but Hurtado's name only surfaced a week after the former assemblyman launched his campaign in July. She begins the contest with a big geographic base of support, though: Hurtado already represents 96% of the 22nd District, according to calculations by Daily Kos Elections, while Salas served just over half of the seat when he lost to Valadao.

Both Salas, who earned an endorsement last week from Speaker Emerita Nancy Pelosi, and Hurtado would be the first Latino to represent the Central Valley in the House. Valadao, for his part, is one of several people of Portuguese descent who has represented this heavily Latino area.

CO-03: Democrat Adam Frisch has publicized an internal from Keating Research that shows him edging out far-right Rep. Lauren Boebert 50-48 less than a year after she only fended him off by 546 votes; the memo notes that Keating's October 2022 survey showed Boebert ahead 47-45 at a time when almost everyone expected her to win easily. The sample favors Donald Trump 49-44, which would mark a small drop from his 53-45 margin in 2020. The memo does not mention Grand Junction Mayor Anna Stout, who joined the Democratic primary last month.

RI-01: We still haven't seen any negative TV ads two weeks ahead of the packed Sept. 5 Democratic primary, and both Lt. Gov. Sabina Matos and former Biden administration official Gabe Amo are remaining positive in their newest spots. Matos is emphasizing her support for abortion rights in what WPRI's Ted Nesi says is her campaign's first TV commercial in two weeks. (EMILY's List and the Congressional Hispanic Caucus BOLD PAC have been airing pro-Matos ads while she's been off the air.) Amo, meanwhile, touts his White House experience.

Legislatures

MI State House: The Michigan Board of Canvassers on Monday approved recall petitions against state Rep. Sharon MacDonell while once again rejecting those filed against five other Democrats; recall proponents also withdrew their paperwork against a seventh Democrat, state Rep. Reggie Miller. Biden carried MacDonell's 56th District 57-41, which makes it the bluest of the targeted seats. Democrats currently hold a 56-54 majority in the chamber.

Conservatives looking to oust MacDonell will have 180 days to collect roughly 11,000 signatures, a figure that represents 25% of the votes cast in the district during the most recent general election, but all of them must be gathered within a 60-day timeframe. However, the attorney representing the six Democrats, former state party chair Mark Brewer, declared that he'll appeal the decision, which he says will automatically prevent signature collection efforts from going forward for 40 days.

The bipartisan Board of Canvassers voted 3-0 to approve the recall campaign against MacDonell (one Democrat was absent) after determining that her detractors, by citing her vote for gun safety legislation, provided enough information about why they want her ousted. (Brewer argues the paperwork is still too vague.) The body, though, voted 2-1 to reject petitions filed against the other five Democrats, with the majority saying the language didn't do an acceptable job summarizing the legislation they supported.

Mayors and County Leaders

Houston, TX Mayor: Candidate filing closed Monday for Houston's Nov. 7 nonpartisan primaries, and the wealthy attorney Tony Buzbee waited until the final hours of qualifying to announce that he'd campaign for a spot on the city council rather than wage a second bid for mayor. Buzbee, an independent who serves as GOP Attorney General Ken Paxton's lead attorney for his upcoming impeachment trial, was the only notable politician who was still publicly undecided about running to succeed termed-out Democratic Mayor Sylvester Turner, and there were no other last-minute developments in the mayoral contest.

A pair of prominent Democrats, Rep. Sheila Jackson Lee and state Sen. John Whitmire, remain the frontrunners in the 17-way race to succeed Turner. Also in the running are City Council member Robert Gallegos; former METRO board chair Gilbert Garcia; attorney Lee Kaplan; and former City Councilmember Jack Christie, who is the only notable Republican in the contest. A runoff would take place either on Dec. 9 or Dec. 16 unless one candidate wins a majority, though that likely second round has not yet been scheduled.

The only poll we've seen in months was a July survey from the University of Houston that showed Whitmire and Jackson Lee taking 34% and 32%, respectively, with Garcia at just 3% (Christie, who was not yet running, was not included.) Responds, though, decisively favored Whitmire 51-33 in a runoff.

Why an accused Trump co-conspirator could get suspended from the Georgia Senate

Republican state Sen. Shawn Still, a fake elector who was indicted last week alongside Donald Trump for his alleged role in attempting to overturn the results of the 2020 presidential election in Georgia, could get suspended from the Senate as a result of his legal woes, reports the Atlanta Journal-Constitution's David Wickert.

Under the state constitution, a three-person panel to be convened by Republican Gov. Brian Kemp must decide whether Still's indictment both "relates to and adversely affects the administration" of his office and “that the rights and interests of the public are adversely affected thereby." If the panel concludes the answer to both questions is yes, then Still would be suspended until "the final disposition of the case" or his term expires, whichever happens first.

It's unclear when the matter will be resolved, though legal experts believe the case is unlikely to go to trial in March, as requested by Fulton County District Attorney Fani Willis. As a result, Still could find himself contemplating whether to seek reelection next year while he's under suspension. Undoubtedly, party leaders would prefer he not do so, particularly because his district in the Atlanta suburbs is vulnerable despite extensive GOP gerrymandering.

Incidentally, Still can thank former state Labor Commissioner Sam Caldwell for his latest predicament. In 1983, Caldwell was indicted by Fulton County prosecutors on a variety of charges, including allegations that he'd defrauded the state by demanding his employees perform extensive repairs on boats he owned. He resisted calls to resign and was only removed from office under threat of impeachment following his conviction the next year.

To avoid a similar spectacle in the future, Georgia lawmakers placed an amendment on the ballot in 1984 that would allow for the suspension of indicted public officials. It passed with 93% support. Shortly thereafter, Caldwell was also found guilty in federal court of deliberately sinking his yacht in order to collect insurance proceeds. Ironically, Caldwell's earlier conviction in state court centered around RICO charges—the very same statute Fulton County's current district attorney, Fani Willis, is relying on to prosecute Trump, Still, and their alleged co-conspirators.