Morning Digest: Alabama poised to have two Black Congress members for first time thanks to new map

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

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AL Redistricting: A federal court on Thursday chose a new congressional map to impose in Alabama for the 2024 elections, finally creating a second district where Black voters can elect their preferred candidate. You can see the new map here, and click here for an interactive version.

The court had previously found that the map Republicans enacted in 2021 violated the Voting Rights Act, though the map was still used in last year's elections while the GOP appealed. Consequently, a Black Democrat will likely replace a white Republican after 2024, which would give Alabama two Black House members (out of seven total) for the first time in its history, roughly matching the 27% of its population that is Black.

Compared with the previous map, the new map significantly reconfigures the 1st and 2nd districts in southern Alabama to turn the latter district from a majority-white, safely Republican constituency into one that is 49% Black and just 44% white. To do so, the new map gives the 2nd the rest of Montgomery and most of Mobile—two cities that both have large Black populations—while the 2nd sheds the heavily white rural areas along the Florida border and exurbs north of Montgomery. (Changes to the other five districts were relatively limited.)

Consequently, the redesigned 2nd District would have favored Joe Biden 56-43 in 2020, making it a likely Democratic flip in 2024. Current 2nd District Rep. Barry Moore, a Republican who is a member of the far-right Freedom Caucus, is now at significant risk of losing his seat, though Moore recently indicated he could bail on the 2nd District and instead run against fellow GOP Rep. Jerry Carl in the primary for the 1st. However, Moore would likely be starting at a disadvantage there since our calculations indicate Carl currently represents 59% of the new district compared to Moore's 41%.

The new map is the culmination of multiyear litigation that saw the lower court strike down the GOP's 2021 map last year because it packed Black voters into the heavily Democratic 7th District while dispersing them elsewhere to ensure that the other six districts would remain heavily white and safely Republican. The Supreme Court put that ruling on hold for the 2022 elections while Republicans appealed, but it subsequently upheld the lower court's ruling in a landmark decision this past June, preserving a key protection of the Voting Rights Act.

Following the Supreme Court's ruling, the lower court gave the Republican-controlled legislature a second chance to draw a compliant map, instructing them to draw two districts that were either majority-Black or "something quite close to it." But in July, Republicans brazenly defied the courts, enacting a new map with just one majority-Black district and another that was only 39.9% Black—well short of a majority and therefore safely Republican.

Last month, the lower court blocked this new Republican map, and the Supreme Court also rejected the GOP's last-ditch attempt to keep it in place. Republican Secretary of State Wes Allen subsequently dropped the state's appeal to the high court earlier this week. This ensures the new map adopted by the lower court will be used in 2024, though state Republicans could still sue to invalidate the court-imposed map later this decade.

election recaps

Memphis, TN Mayor: Downtown Memphis Commission CEO Paul Young defeated Shelby County Sheriff Floyd Bonner 28-23 Thursday to succeed their fellow Democrat, termed-out Mayor Jim Strickland, in a 17-way contest where it took only a simple plurality to win. Young, who outspent each of his opponents, was long involved in city government but had never before run for office, and he argued he'd be the most prepared mayor in history while also representing change.

The winning candidate, who is the son of two well-known pastors, also focused on turning out younger voters. Young, when questioned why he'd voted in two GOP primaries since 2016, argued this was "strategic crossover voting to ensure that we have good people on both sides of the ledger." "I'm a Democrat," he said at one debate, "but I'm gonna get the job done."

3Q Fundraising

  • AZ-Sen: Ruben Gallego (D): $3 million raised, $5 million cash on hand
  • NV-Sen: Jacky Rosen (D-inc): $2.7 million raised, $8.8 million cash on hand
  • PA-Sen: Bob Casey (D-inc): $3.2 million raised, $7.3 million cash on hand
  • WI-Sen: Tammy Baldwin (D-inc): $3.1 million raised, $7 million cash on hand
  • CA-27: George Whitesides (D): $400,000 raised, additional $300,000 self-funded, $1.7 million cash on hand
  • CA-41: Will Rollins (D): $830,000 raised
  • CO-03: Adam Frisch (D): $3.4 million raised, $4.3 million cash on hand
  • NY-17: Mondaire Jones (D): $1.15 million raised, $840,000 cash on hand
  • WI-03: Rebecca Cooke (D): $400,000 raised

Senate

CA-Sen: Politico relays that Reps. Barbara Lee, Katie Porter, and Adam Schiff have all made it clear they'd continue to run for the Senate even if their fellow Democrat, appointed incumbent Laphonza Butler, sought a full term.

NJ-Sen: Rep. Andy Kim's allies at End Citizens United are out with an internal from the Democratic firm Public Policy Polling that shows the congressman beating First Lady Tammy Murphy 42-19 in a hypothetical Democratic primary, with indicted Sen. Bob Menendez taking all of 5%. The firm also finds Kim, who remains the only major declared candidate, defeating the incumbent 63-10 in a one-on-one fight. This is the only primary poll we've seen other than a Data for Progress survey that showed Kim beating fellow Rep. Mikie Sherrill 27-20 in a crowded contest, but that survey was largely conducted after Sherrill said she wouldn't run.

Another Democratic House member, Rep. Frank Pallone, sounds unlikely to seek a promotion, though he didn't quite rule it out to Politico. Pallone, who has served in the lower chamber since 1988, instead says he wants to regain the top post on the Energy and Commerce panel under a new Democratic majority. He said of the Senate chatter, "I’m flattered by the suggestions."

The story also adds that Rep. Josh Gottheimer is continuing to prepare his likely 2025 gubernatorial bid and isn't "planning to change course and run for Senate," though he hasn't said this publicly. (See our NJ-11, NJ-Gov item below for more on both Gottheimer and Sherrill's 2025 deliberations.)

WV-Sen: The Tarrance Group's late-September poll for the Senate Leadership Fund, a GOP super PAC tied to Mitch McConnell, shows GOP Gov. Jim Justice leading Sen. Joe Manchin 49-43 in a hypothetical general election scenario where the senator runs as an independent rather than as a Democrat. The memo did not mention Rep. Alex Mooney, who is waging an uphill primary battle against Justice.

Governors

MS-Gov: The conservative Magnolia Tribune has released a survey from Mason-Dixon that shows GOP Gov. Tate Reeves leading Democrat Brandon Presley 51-43, which is only a little smaller than the 52-41 advantage that Siena College found in late August. Mason-Dixon does not appear to have asked respondents about independent Gwendolyn Gray, whose presence on the ballot could conceivably prevent anyone from taking the majority needed to avert a Nov. 28 runoff; Siena, though, found just 1% opting for "someone else."

House

AZ-01: Former TV news anchor Marlene Galán-Woods has publicized an endorsement from former Gov. Janet Napolitano, who served from 2003 to 2009, in the Democratic primary to face GOP incumbent David Schweikert.

MI-08: Saginaw police officer Martin Blank, who served as an Army trauma surgeon in Afghanistan, on Thursday became the first notable Republican to launch a bid against Democratic Rep. Dan Kildee. Joe Biden would have carried this seat, which is based in the Flint and Tri-Cities areas, 50-48, but Kildee won an expensive race 53-43 two years later.

Blank has twice run for the state legislature, but he came nowhere close to securing the nomination either time. He lost his 2020 bid for the state House 50-31 against Timothy Beson, who went on to win the seat. Black campaigned for the upper chamber last year in a four-way primary, but he finished dead last with 18%. (Annette Glenn won that nomination contest with 41% only to lose to Democrat Kristen McDonald Rivet in the fall.)

MN-03: DNC member Ron Harris tells Punchbowl News he's considering running for the seat currently held by Rep. Dean Phillips, and he didn't rule out challenging the would-be Biden primary foe. Harris sounds more interested in running for an open seat, however, even though Minnesota's June filing deadline means that Phillips wouldn't need to choose between humoring his longshot presidential dreams and seeking reelection. "As Dean considers a run for President, I'm exploring a run for Congress to ensure this district stays in Democratic hands," Harris tweeted Thursday.

Harris, who is currently the DNC's Midwestern Caucus chair, previously served as Minneapolis' chief resilience officer from 2019 until last year. (Minnesota's largest city is located entirely in Rep. Ilhan Omar's 5th District.) Harris would be the first Black person to represent the 3rd, a seat in the western Minneapolis suburbs that favored Biden 60-39.

NJ-11, NJ-Gov: Politico relays chatter that New Jersey Rep. Mikie Sherrill could retire this cycle to prepare for a potential 2025 bid to succeed her fellow Democrat, termed-out Gov. Phil Murphy, though there's no word from the congresswoman about her thinking. The current version of Sherrill's 11th District, which includes New York City's western suburbs and exurbs, would have backed Joe Biden 58-41, and Democrats would be favored to keep it no matter what.

The congresswoman would be free to seek a fourth term in the House in 2024 and even remain in Congress should she lose a bid for governor, but Sherrill could decide instead that she'd prefer to focus on a statewide campaign. Indeed, Politico previously reported in July that another Democrat who flipped a seat during the 2018 blue wave, Virginia Rep. Abigail Spanberger, has decided against running for reelection so she can commit all of her time towards her own 2025 gubernatorial bid: Spanberger herself says she'll reveal her plans after the Nov. 7 legislative elections. (New Jersey also holds its state House and Senate contests that day.)

If Sherrill were to run for governor, she'd be in for an expensive primary battle. Jersey City Mayor Steven Fulop launched his campaign all the way back in April, and he announced Thursday that he'd raised enough money to receive all $7.3 million from the state's matching funds program, which provides $2 in state funds for every dollar raised. Anyone participating in the program can only spend $7.3 million during the primary, though super PACs like the pro-Fulop Coalition for Progress, which had $6.5 million available at the end of June, can deploy as much as they want.

Sherrill also isn't the only Democratic House member who might try to be the next inhabit of Drumthwacket, the governor's delightfully named official residence. An advisor for Rep. Josh Gottheimer, a prominent centrist who represents a neighboring seat to the north, confirmed the congressman's interest back in July to the New Jersey Globe. However, Politico relays that unnamed "Democrats close to Gottheimer" anticipate he'll also seek reelection next year to the 5th District, which favored Biden 56-43.

Plenty of other Democrats have also been talked about as potential candidates to replace Murphy in this blue state, and we'll take a closer look at the many potential contenders after the Nov. 7 elections. On the GOP side, former Assemblyman Jack Ciattarelli announced he was in days after he lost the 2021 general election to Murphy by a surprisingly narrow 51-48 spread.

VA-10: Axios' Hans Nichols reports that former National Security Council advisor Eugene Vindman, the whistleblower who attracted national attention in the leadup to Donald Trump's first impeachment, is considering running to succeed his fellow Democrat, retiring Rep. Jennifer Wexton. Vindman didn't deny anything to Nichols when asked at an event for the Democratic group VoteVets, saying instead, "I'm focused on Ukraine funding. I'm focused on war crimes now. That's all I'm focused on."

Nick Minock of the local ABC affiliate 7News, meanwhile, writes that Loudoun County Supervisor Juli Briskman discussed campaigning for the Democratic nod after Wexton announced that she wouldn't run following her diagnosis with Progressive Supra-nuclear Palsy. Briskman, who was photographed flipping off Donald Trump's motorcade while biking in 2017, divulged last week that she was being treated for breast cancer, and she said doctors are optimistic about her prospects. The supervisor, who is up for reelection on Nov. 7, did not respond to 7News' inquiry about her 2024 plans.

Minock also mentions state Sen. Jennifer Boysko, Del. Elizabeth Guzman, and former Attorney General Mark Herring as possible Democratic candidates. Nichols additionally names Jessica Post, who announced last week that she would step down as president of the Democratic Legislative Campaign Committee after this year's races; like the aforementioned trio, Post does not appear to have said anything publicly about participating in this contest. But Del. Danica Roem, who is seeking a promotion to the state Senate, told 7News she wouldn't run herself; Roem previously ruled out a bid for the neighboring 7th District.

On the GOP side, attorney Mike Clancy on Thursday became the first declared candidate for this 58-40 Biden seat. Clancy, whom Minock describes as a "business executive with a global technology company," ran here last year and self-funded the majority of his campaign's $400,000 budget, but he didn't come close to winning the party-run "firehouse primary."

Minock also supplies a few names of possible GOP contenders:

  • 2020 nominee Aliscia Andrews
  • Loudoun County Supervisor Caleb Kershner
  • 2022 candidate Caleb Max
  • state Sen. Jill Vogel

Kershner is up for reelection next month, while Vogel is retiring from the legislature.

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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.

Subscribe to The Downballot, our weekly podcast

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.

Morning Digest: New North Dakota initiative would bar octogenarians from Congress

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

ND Ballot: North Dakota officials on Friday gave the green light to advocates for term limits to start collecting signatures for a proposed amendment to the state constitution to bar anyone older than 80 from representing the state in Congress. The measure could, however, have a tough time surviving a court challenge, though it joins a long history of conservatives testing the limits of a 1995 U.S. Supreme Court decision that held that states cannot add further qualifications to candidates for Congress beyond those outlined in the U.S. Constitution.

That 1995 ruling, known as U.S. Term Limits v. Thornton, struck down an Arkansas ballot initiative that tried to impose term limits on members of the state's congressional delegation. The court's 5-4 decision, which saw swing Justice Anthony Kennedy join the four liberal justices, explained that the only restrictions states could impose on congressional candidates were the ones spelled out in the nation's governing document: namely, a minimum (but not maximum) age, a minimum period of U.S. citizenship, and residency in the state they're seeking to represent at the time of election. Clarence Thomas, however, wrote a dissent that three fellow conservatives joined, saying he would have allowed Arkansas' law to stand.

Last year, Republicans in Tennessee decided to test whether Thomas' views might now hold sway on the Supreme Court, whose membership is now considerably further to the right than it was three decades ago. The GOP-dominated state legislature imposed a requirement that U.S. House candidates must have voted in the previous three statewide general elections to be eligible to run, a move that seemed to be aimed at blocking Morgan Ortagus, a former State Department spokesperson, from seeking the open 5th Congressional District. (Ortagus had only relocated from D.C. in 2021.)

The bill didn't apply last cycle because Gov. Bill Lee only allowed it to become law after the candidate filing deadline had passed. However, the state GOP's executive committee later used a different state law to eject Ortagus and two others from the ballot for not meeting the party's definition of a "bona fide" Republican. At least two of the plan's proponents, though, had much more than 2022 in mind, as they explicitly said they hoped the Supreme Court would overturn U.S. Term Limits. First, though, a candidate impacted by the law would have to file suit, which has not yet happened.

In North Dakota, meanwhile, organizers are seeking to collect signatures to impose a different requirement that, like Tennessee's, also isn't found in the Constitution. The proposed amendment would forbid anyone who would turn 81 before the end of their term from being elected or appointed to Congress. The measure also includes a section saying that, in the event that the courts block this maximum age limit, a "ballot advisory" would appear next to the names of congressional candidates on the ballot informing voters how old they'd be when their term would end.

The effort is being spearheaded by Jared Hendrix, a GOP party official who played a key role in electing and defending members of the legislature's far-right "Bastiat Caucus" (named after the 19th century French economist who championed free markets) and last year helped pass a term-limits measure applying to the governor and state legislators. Hendrix tells the Associated Press' Jack Dura that his group is aiming to get the measure on the June primary ballot rather than wait for next year's general election, saying, "Our plan is to aggressively and quickly gather signatures before cold weather hits."

Hendrix and his allies have until Feb. 12 to turn in about 31,200 signatures, a figure that represents 4% of the state's population (North Dakota is the only state that doesn't require voter registration) in order to meet his timeline; if they submit in their petitions later, the amendment wouldn't go before voters until November 2024. No matter what, though, it would only take a simple majority to pass the proposal at the ballot box.

Congressional elections could experience some major changes coast to coast if the Supreme Court were to chart a new course, but it wouldn't immediately impact any of the three members of the Peace Garden State's all-GOP delegation. Sens. John Hoeven and Kevin Cramer are 66 and 62, respectively, while Rep. Kelly Armstrong is 46. Of course, many members of Congress have served (or currently serve) into their 80s and even beyond: Texas Rep. Ralph Hall was 91 when his career came to an end, while South Carolina Sen. Strom Thurmond remained in office until he was 100.

Senate

MI-Sen: GOP Rep. Lisa McClain told The Detroit News Wednesday that she's decided not to seek Michigan's open Senate seat.

NV-Sen: An unnamed source tells NBC that Jeffrey Ross Gunter, who had a turbulent tenure as Trump's ambassador to Iceland from 2019 to 2021, plans to launch a bid against Democratic Sen. Jackie Rosen sometime early next month. Gunter would join a GOP primary that includes Army veteran Sam Brown, whose kickoff this month came as welcome news to the NRSC, and Jim Marchant, the Big Lie spreader who narrowly lost last year's race for Nevada secretary of state.

Governors

IN-Gov: Howey Politics wrote Thursday that it anticipates outgoing state Commerce Secretary Brad Chambers will join the GOP primary "[s]ometime between now and Labor Day."

NC-Gov: Though term-limited Gov. Roy Cooper had previously declined to endorse Josh Stein to succeed him next year, he told a recent gathering of the Democratic Governors Association that one of his priorities is "getting North Carolina's Attorney General Josh Stein elected," in the words of Punchbowl News. Stein remains the only notable Democrat in the race for governor, but last month, Supreme Court Justice Mike Morgan, who is retiring from his current post, said that he's considering a bid. Cooper's comments might therefore be a subtle message that he'd prefer to see Stein avoid any competition in the primary, or that he'd be willing to help him secure the nomination if he does get company.

House

CA-22: Democratic state Sen. Melissa Hurtado on Wednesday filed FEC paperwork for a potential campaign against GOP Rep. David Valadao. Hurtado would join a top-two primary that includes 2022 nominee Rudy Salas, who lost a tight and expensive race last time: Politico notes that Salas enjoys the support of the number-three Democrat in the House, 33rd District Rep. Pete Aguilar, for his second try.

CO-03: Grand Junction Mayor Anna Stout announced Wednesday that she'll seek the Democratic nod to take on far-right Lauren Boebert, a move that comes months after 2022 nominee Adam Frisch launched his second bid after coming shockingly close to victory. Stout was elected in 2019 to the city council for this 68,000-person community where Trump won roughly 56-41 in 2020, and her colleagues chose her to serve a second one-year term as mayor in April. Colorado Public Radio also adds that she has "developed a reputation as a moderate lawmaker."

Stout will be in for an expensive fight against Frisch, who hauled in a massive $2.6 million during the second quarter of the year and finished June with $2.5 million in the bank. Boebert, who fended Frisch off by all of 546 votes last year, took in $810,000 during this time and had $1.4 million on-hand. Donald Trump carried this western Colorado district 53-45, but Democrats are hoping Boebert's tough race last year means she'll be in for another serious fight in 2024.

NH-01: Former Executive Councilor Russell Prescott on Thursday became the first notable Republican to launch a campaign against Democratic Rep. Chris Pappas, an announcement that came less than a year after Prescott badly lost the 2022 primary for this eastern New Hampshire constituency. He's likely to once again face intra-party opposition, though, in a longtime swing seat that favored Joe Biden 52-46.

Prescott is a longtime Granite State politician who won reelection to the state Senate in the 2002 general election by fending off none other than now-Sen. Maggie Hassan; Hassan unseated him in their 2004 rematch, but Prescott reclaimed his seat by riding the 2010 red wave to victory in their third and final bout. (Hassan herself bounced back in 2012 by winning the governorship.) Prescott made the jump to the powerful Executive Council in 2016 and narrowly won re-election two years later before retiring in 2020.

Prescott tried to return to elected office last cycle when he kicked off his campaign to take on Pappas, who had served with him on the Executive Council during his first term, just three-and-a-half months before the primary, but things did not go well. The candidate, whose $350,000 loan accounted for most of his budget, struggled to gain traction in a 10-way contest dominated by 2020 nominee Matt Mowers and election denier Karoline Leavitt: Leavitt beat out Mowers 34-25, with former TV reporter Gail Huff Brown taking 17% and Prescott lagging in fourth place with just 10%. Republicans hoped that another red wave would wash up, but Pappas instead beat Leavitt by a convincing 54-46.

NY-22: GOP Rep. Brandon Williams' office said Wednesday that the congressman was back in the hospital due to a "complication" following the heart bypass surgery he received two weeks ago. Williams' team added that he would be absent from the House "for the remainder of the week."

RI-01: The State Board of Elections put out a statement Wednesday saying it would not review any signatures from Lt. Gov. Sabina Matos' campaign, declaring, "Local boards did their job, verifying signatures, rejecting signatures, identifying a subset of rejected signatures as potentially fraudulent, and referring these to state and local law enforcement for criminal investigation." The state attorney general's office is investigating allegations that Matos' team submitted fraudulent petitions, but the Board of Elections argues she still turned in more than enough valid signatures to appear on the crowded Sept. 6 special Democratic primary ballot.

Meanwhile, former state Rep. Aaron Regunberg has begun what his team tells WPRI's Ted Nesi is a $300,000 TV buy through Election Day, which is the most that anyone has committed to spending on the airwaves. Regunberg's two inaugural spots (here and here) tout him as an effective progressive who "took on the old guard" and touts his support for Medicare for All and a Green New Deal. The latter ad also informs viewers that Vermont Sen. Bernie Sanders is backing Regunberg, an endorsement that became public the same day the spots debuted.

Nesi relays that Matos and former Biden administration official Gabe Amo, who each began their own opening buys, have spent or booked $280,000 and $215,000, respectively. Nesi adds that a fourth candidate, clean energy investor Don Carlson has increased his broadcast TV budget to $240,000 and will start advertising on Tuesday rather than in mid-August as he originally planned. Navy veteran Walter Berbrick has yet to launch any spots, though he did secure an endorsement from VoteVets this week.

Secretaries of State

OR-SoS: State Treasurer Tobias Read, who lost last year's Democratic primary for governor to Tina Kotek 56-32, this week became the first notable candidate to launch a bid for secretary of state. The post is held by LaVonne Griffin-Valade, whom Kotek appointed in late June after Democratic incumbent Shemia Fagan resigned in May following her admission that she'd been doing paid consulting work for a cannabis company at a time when her office was finishing an audit into how the state regulates such businesses. The Oregon Capitol Chronicle writes that Griffin-Valade "has said she doesn't plan to run for a full term," though there's no quote from her.

Because Oregon is one of a few states that lack a lieutenant governor’s office, the secretary of state is normally first in line to succeed the governor if the latter office becomes vacant. However, because that provision only applies to elected secretaries, Read took over the top spot in the line of succession once Fagan resigned, and if he’s elected secretary of state next year, he would remain first in line despite switching offices.

Ballot Measures

ME Ballot: Democratic Gov. Janet Mills unexpectedly announced Wednesday that a referendum to replace Maine's current state flag with one that was in use from 1901 to 1909 will take place in November 2024 rather than this fall. Mills was able to delay the referendum by not signing or vetoing the bill authorizing the vote, a move that ensured it would only take effect when the legislature reconvenes in January. "Rather than sign the bill and rush the question to ballot in little more than three months, she will … allow time for robust public debate and discussion on all sides of the issue," her team explained.

Maine's existing flag features, in the words of the Associated Press, "the state's coat of arms, which includes a pine tree, a moose, a seafarer and a lumberjack, against a blue background." The 1901 design, by contrast, shows just a green pine tree and blue star across a yellow backdrop, which proponents argue makes for a more distinctive image. Critics of the existing flag also argue that the design is far too cluttered.

However, as the Boston Globe recently explained, the fight over what flag to fly goes far beyond aesthetic preferences. "They want to take the farmer and the fisherman off the flag, to disappear them," a supporter of the status quo told the paper, continuing, "and to me that’s like what’s been done to the lobstermen and the fishermen in real life, over-regulating them and making it harder if not impossible to make a living."

Mayors and County Leaders

Houston, TX Mayor: The University of Houston is out with the first poll anyone has released since Rep. Sheila Jackson Lee launched her campaign four months ago, and it finds that, while she's well-positioned to advance to a runoff with state Sen. John Whitmire, she'd be the underdog against her fellow Democrat in a second round.

The school first looks at the Nov. 7 nonpartisan primary to succeed termed-out Democratic Mayor Sylvester Turner and has Whitmire and Jackson Lee taking 34% and 32%, respectively, with former METRO board chair Gilbert Garcia a very distant third with just 3%. U of H, though, shows Whitmire defeating the congresswoman 51-33 in a runoff. (The date has not yet been scheduled.)

While both the frontrunners are longtime Democratic officeholders in this blue city, the school shows Whitmer, who has sided with the GOP on multiple votes against bail reform, winning over Republican voters by an astounding 88-2 as independents back him 60-18. Jackson Lee, who reliably votes with her party in D.C., carries Democrats 55-28, but U of H says that's far from enough.

Nashville, TN Mayor: Former city economic development chief Matt Wiltshire and state Sen. Jeff Yarbro each earned a big-name endorsement Wednesday with about a week to go before the Aug. 4 nonpartisan primary to succeed retiring Mayor John Cooper. In Wiltshire's corner is Davidson County Sheriff Daron Hall, of whom the Nashville Banner writes, "If there is any vestige of a political machine left in the county, it belongs to Hall."

Yarbro, meanwhile, has the support of former Rep. Jim Cooper, who represented the entire city in Congress from 2003 until he left office early this year after Republican mapmakers passed an aggressive new gerrymander. Cooper is the brother of the current mayor, who has not yet taken sides. A GBAO Strategies survey taken July 17-19 for the Tennessee Laborers PAC, which doesn't appear to have taken sides in the crowded contest, also finds both Wiltshire and Yarbro locked in a tight race along with GOP strategist Alice Rolli for the second spot in the all-but-certain Sept. 14 runoff.

Council member Freddie O'Connell, who has emphasized his opposition to John Cooper's successful drive this year to fund a new stadium for the Tennessee Titans, is a clear first with 21%. Rolli, who is the only notable Republican in the running, holds a tiny 13-12 edge over Yarbro for second, with Wiltshire at 10%. State Sen. Heidi Campbell and Council member Sharon Hurt respectively take 8% and 6%, with 4% going to Davidson County Property Assessor Vivian Wilhoite.

We've seen just one other survey this month, a Music City Research survey taken July 5-6 that put O'Connell at 22% as Wiltshire led Rolli 17-13 for second. As we've noted before, that pollster is affiliated with a firm run by one of O'Connell's supporters, fellow Metro Council member Dave Rosenberg: Rosenberg told us earlier this month that this survey was paid for by a "private entity" that, as far as he was aware, was not backing or opposing anyone.

Wichita, KS Mayor: Campaign finance reports are in ahead of Tuesday's nonpartisan primary for mayor, and former TV reporter Lily Wu outpaced Democratic incumbent Brandon Whipple and the other contenders in the period spanning Jan. 1 through July 20. The two candidates who earn the most votes next week will compete in the Nov. 7 general election.

Wu, who switched her party affiliation from Republican to Libertarian last year, hauled in $207,000 thanks in large part to what KMUW's Kylie Cameron says are big donations from "prominent Wichita business leaders," and she finished with $88,000 available for the home stretch. Wu also has the support of Americans for Prosperity, which is part of the Wichita-reared Koch family's conservative political network (Koch Industries remains headquartered here); however, since these reports don't cover outside spending, it's not clear what it's doing to aid her.

GOP City Council member Bryan Frye, meanwhile, outraised Celeste Racette, a Democrat turned independent who leads a group advocating for the historic performance venue Century II, $93,000 to $39,000, and he went into the final weeks with a $26,000 to $4,000 cash-on-hand advantage. Whipple, by contrast, brought in $35,000, while he had $28,000 in the bank.

Prosecutors and Sheriffs

Cook County, IL State's Attorney: Eileen O'Neill Burke, who retired this month as a local appellate court justice, announced this week that she was joining next year's party primary to succeed her fellow Democrat, retiring incumbent Kim Foxx, as the top prosecutor for America's second-most populous county. Burke, who pitched herself as "a steady hand at the wheel," is the second candidate to launch after attorney Clayton Harris, who has the backing of Cook County Board President Toni Preckwinkle.

Democrat Adam Frisch raises $2.6 million in 2nd quarter for 2024 rematch against Lauren Boebert

Democratic challenger Adam Frisch has raised more than $2.6 million in the second quarter for his rematch against MAGA Republican extremist Rep. Lauren Boebert in Colorado’s 3rd Congressional District. Frisch almost pulled off one of the biggest upsets in the 2022 midterms when he lost to Boebert by a mere 546 votes in what surprisingly turned out to be the closest House race in the country. 

Frisch’s campaign, in a statement released Thursday, described the second-quarter fund-raising haul of more than $2.6 million as “shattering the record for the largest quarterly fundraising for a U.S. House challenger in the year before an election, excluding special elections and self-funded campaigns.”

The campaign said the average donation was just over $32 coming from over 81,000 individual donations from all 27 counties in the district and all 50 states. He is not accepting donations from corporate PACs.

RELATED STORY: After voting against infrastructure, Lauren Boebert dimly wonders why we don't spend more on it

In the statement, Frisch, a businessman and former Aspen city council member, thanked everyone who had donated to his campaign “to give the people of Southern and Western Colorado a representative who will take the job seriously and work across the aisle to find solutions to the problems facing the district.”

“Boebert continues to vote against the interests of her constituents while devoting her time to ‘angertainment’ antics that do nothing to help CO-3," Frisch said. "We can do better than Boebert, and thanks to our generous supporters, we will defeat her in 2024.”

Honored and humbled. Thank you to everyone of you who has donated, RT'ed, messaged, and joined this growing coalition. We are just getting started! pic.twitter.com/HxdsZVQ6c6

— Adam Frisch for CD-3 (@AdamForColorado) July 6, 2023

So far this year, Frisch has raised $4.4 million which is nearly two-thirds of the $6.7 million he raised for the 2022 campaign, much of which came in during the final weeks of the campaign after polls showed the race to be competitive.

In the first quarter of 2023, Frisch’s campaign brought in nearly $1.75 million compared to just over $763,000 for Boebert. Boebert has not yet reported her second-quarter fund-raising totals.  She raised $7.85 million for the 2022 campaign.

Frisch filed his paperwork for a 2024 rematch with Boebert on Feb. 14.

“People want the circus to stop. They want someone to focus on the district, not on themselves,” Frisch said. He added that the issues in CD3, such as water, mental health, agriculture, and the importance of domestic energy, are not “red and blue."https://t.co/5ghBlqTIwu

— Adam Frisch for CD-3 (@AdamForColorado) February 16, 2023

Boebert is considered the most vulnerable of the big-name MAGA Republican extremists in the House, most of whom represent deep-red congressional districts. Colorado’s 3rd Congressional District is rated as +9 GOP.

By contrast, Rep. Marjorie Taylor Greene won reelection by a 66% to 34% margin over Democrat Marcus Flowers in Georgia’s 14th Congressional District even though part of Democratic-leaning Cobb County was added to her district as a result of gerrymandering to give Republicans a bigger advantage in neighboring districts. Flowers raised more than $15.6 million in a totally noncompetitive race.

In 2022, both national parties mostly ignored Colorado's Republican-leaning 3rd Congressional District, which was considered solidly Republican by nearly all election forecasters.

In April, the Democratic Congressional Campaign Committee listed Boebert as among the Republican incumbents it considers most vulnerable. House Republicans have also put Boebert on their list of most vulnerable incumbents.

At the time, DCCC spokesperson Tommy Garcia told the website Colorado Politics in an email:

“Lauren Boebert is more obsessed with catching headlines and being the token MAGA extremist than actually working for everyday Coloradans. Between her dangerous conspiracies and outright racist bigotry, CO-03 voters can see that Lauren Boebert is an unserious member of Congress, unwilling to go to bat for them on issues facing Colorado. Her time in Congress is ticking down.”

A poll released in April by a Democratic firm showed that Boebert and Frisch were in a dead heat in the 3rd Congressional District, Colorado Politics reported.

The Global Strategy Group's Mountaineer poll, conducted March 29-April 2 in partnership with liberal advocacy group ProgressNow Colorado, found Boebert and Frisch tied at 45% each among likely voters, with the remaining 10% split between voters who are undecided and those who say they plan to vote for someone else. Cook Political has shifted the district to Leans Republican from Safe Republican.

Despite her razor-thin victory margin, Boebert has done little to tone down her extremism in the new Congress. Boebert was among about 20 extreme right-wing House Republicans who opposed Kevin McCarthy’s speakership bid until the very end. She also pushed for the House to vote on a resolution to impeach President Joe Biden—a move that McCarthy dismissed as “premature.”

Frisch still has his work cut out for him. This time he doesn’t have the advantage of surprise, and turnout will be greater in a presidential election year. As a national figure, Boebert can raise lots of funds from MAGA Republicans across the country.

The last Democrat to represent Colorado’s largely rural 3rd Congressional District was three-term Rep. John Salazar, who lost his bid for reelection in 2010.

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Morning Digest: Democratic ads hit extreme anti-choice GOP candidates with their own words

The Daily Kos Elections Morning Digest is compiled by David Nir, Jeff Singer, Stephen Wolf, Daniel Donner, and Cara Zelaya, with additional contributions from David Jarman, Steve Singiser, James Lambert, David Beard, and Arjun Jaikumar.

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Tennessee held its primary Thursday, and you can find the results here. We’ll have a recap in our next Digest.

Leading Off

Abortion: We wondered shortly after Roe v. Wade was overturned in late June if Democratic campaigns would continue to focus hard on abortion rights this cycle, and the answer is a resounding yes. Team Blue is airing new commercials in the races for Arizona's U.S. Senate seat and governor of Michigan that each use footage of the newly minted Republican nominees, Blake Masters and Tudor Dixon, expressing extreme anti-choice views, while Team Blue has also kept up the offensive in other races across the country.

We'll start in Arizona, where Democratic Sen. Mark Kelly quickly opens with clips of Masters proclaiming, "I think Roe v. Wade was wrong. It's always been wrong … It's a religious sacrifice to these people, I think it's demonic." The audience later hears the Republican argue, "The federal government needs to step in and say no state can permit abortion … You make it illegal and you punish the doctors."

Kelly's allies at Senate Majority PAC are also hammering Masters on abortion rights in a new $1.2 million ad campaign, though they're adopting a different messaging strategy. The commercial stars a woman identified as Brianna who explains, "Three years ago, I had an ectopic pregnancy, and if I didn't make it into the OR within a couple minutes, I was going to bleed out and die." She continues, "But according to Blake Masters, that's just too bad. He wants to ban all abortions, even in cases of rape, incest, and the life of the mother." Brianna ends by saying that if Masters had his way, her three children would have lost their mother.

Meanwhile in Michigan, a DGA-backed group called Put Michigan First makes use of a debate clip where Dixon answers in the negative when asked, "Are you for the exemptions for rape and incest?" The spot then plays footage of podcaster Charlie LeDuff asking the candidate, "The question would be like, a 14-year-old who, let's say, is a victim of abuse by an uncle, you're saying carry that?" Dixon responds, "Yeah, perfect example." When Dixon is asked in an interview with MIRS if she'd provide an exception for "health of the mother," she replies, "No exceptions."

Over in Virginia's 2nd Congressional District, Democratic Rep. Elaine Luria's commercial takes Republican state Sen. Jen Kiggans to task for celebrating when Roe was overturned. In Georgia, Democrat Stacey Abrams is airing a spot where several women warn that, under a law signed by Gov. Brian Kemp, they could be "investigated and imprisoned for a miscarriage."

And back in Arizona, Democratic gubernatorial nominee Katie Hobbs proclaims she'll "protect a woman's right to choose, fix our schools, and lower costs." Other recent Hobbs ads also attack each of the GOP frontrunners, former TV news anchor Kari Lake and Board of Regents member Karrin Taylor Robson, for opposing abortion rights. (Hobbs began airing her ads as Tuesday's GOP primary was still too close to call.)

Republicans, by contrast, have been reluctant to discuss abortion at all in their general election commercials even before this week's big defeat for anti-choice forces in Kansas. One notable exception came last month when Mark Ronchetti, who is Team Red's nominee for governor of New Mexico, argued that his policy to restrict the procedure to the first 15 weeks of pregnancy was reasonable and that Democratic incumbent Michelle Lujan Grisham was "extreme" for supporting "abortion up to birth."

Most Republicans, though, remain content to avoid the topic altogether. Masters, for his part, is spending at least $650,000 on an opening general election ad campaign starring his wife, who says he's running because he loves the country and the state. (Inside Elections' Jacob Rubashkin points out that Masters just days ago was campaigning as a conservative border warrior who warned, "There's a genocide happening in America.") The RGA, meanwhile, is attacking Hobbs on border security―but not abortion.

Senate

AZ-Sen: Republican Blake Masters' allies at Saving Arizona PAC have dusted off a mid-July internal from Fabrizio, Lee & Associates that shows him trailing Democratic Sen. Mark Kelly 49-44, which is identical to what OnMessage Inc. found in a more recent survey for another conservative group. Both firms are releasing these unfavorable numbers to argue that the political climate will be a big asset to Masters.

Governors

FL-Gov: St. Pete Polls' newest survey for Florida Politics finds Rep. Charlie Crist beating Agriculture Commissioner Nikki Fried in a 56-24 landslide in the first poll we've seen in nearly a month for the Aug. 23 Democratic primary.

Fried's allied PAC, meanwhile, is running the first negative commercial of the race, and it goes after Crist for appointing an "anti-choice extremist" to the state Supreme Court when he was Florida's Republican governor. The spot also features footage from this year of Crist saying, "I'm still pro-life," though it doesn't include him continuing, "meaning I'm for life. I hope most people are." (Crist used that same interview to express his regret over his anti-abortion judicial picks.) Politico says the spot is airing in the Orlando market, which covers about 20% of the state.

RI-Gov: Gov. Dan McKee has secured an endorsement from RI Council 94, which is Rhode Island's largest state employee union, for the Sept. 13 Democratic primary. Secretary of State Nellie Gorbea, meanwhile, has earned the backing of the Rhode Island Federation of Teachers and Health Professionals, which is one of the state's two teachers unions: The other, the NEA, is for McKee.

WI-Gov: Wealthy businessman Tim Michels said just one month ago that "[w]hen politicians are shocked to find themselves losing, they go negative out of desperation," but you can probably guess what he's now doing days ahead of Tuesday's Republican primary. Yep, the Trump-endorsed candidate is airing his first attack ad against former Lt. Gov. Rebecca Kleefisch, whom Michels' narrator dubs "the ultimate Madison insider" and a "[p]ro-China, pro-amnesty, anti-Trump politician."

Kleefisch and her allies went on the offensive in early July, with the former lieutenant governor arguing that Michels "pushed for years to raise our gas tax while getting rich from massive government contracts." That prompted Michels to put out a statement bemoaning that "it is sad that the former Lieutenant Governor has decided to go negative by falling in line with politics as usual."

The anti-tax Club for Growth was all too happy to attack Kleefisch last month, but Michels himself insisted as recently as Monday that he was still taking the high road. "I've never had a negative ad run by my campaign in this race," he said, explaining, "And the reason is we've never had a single piece of business by talking bad about the competition." Michels added, "And the reason is, it's just bad policy, and if you get a reputation of doing that in my industry … people immediately disrespect you."

So why did Michels decide to court disrespect and try out some "bad policy" just days later? Kleefisch's team, of course, told the Associated Press' Scott Bauer that this about-face proves their candidate "has all the momentum." Michels' own spokesperson, though, also hinted that they felt the ads were doing them some real damage, arguing, "When your opponent does that for weeks on end, it can't go unanswered forever."

Unfortunately, we have almost no recent polling to indicate if either of the candidates campaigning to take on Democratic Gov. Tony Evers are going "negative out of desperation." The one and only survey we've seen in the last month was a mid-July internal for a pro-Michels group that had him up 43-35, numbers that are quite dusty now.

Whatever the case, things may get a whole lot uglier on Friday when Trump, who has zero qualms about "talking bad about the competition," holds his pre-primary rally in Waukesha County. (You may have heard a few jokes about it if you've ever logged onto Twitter in the last decade.) We got a taste for Trump's dislike of the former lieutenant last month when the Milwaukee Journal Sentinel's Daniel Bice reported that Trump used his April meeting with Michels to bring up a 2019 picture of Kleefisch's daughter going to her high school prom with the son of state Supreme Court Justice Brian Hagedorn.

The elder Hagedorn went straight to the MAGA doghouse the next year when he provided the crucial vote to stop Trump's attempts to steal the election, and Bice reports that he was upset about the photo of the two teenagers. Kleefisch, who has trashed the justice herself, responded by declaring, "I'm outraged my opponent would use a photo of my underage daughter for political ammunition in order to score an endorsement." However, unnamed sources told Bice that Michels didn't actually know about the picture before Trump himself raised the topic ahead of his "little rant" against Brian Hagedorn.  

House

CO-03: Democrat Adam Frisch has released an internal from Keating Research that shows him trailing far-right freshman Rep. Lauren Boebert 49-42 in a western Colorado seat that Trump would have taken by a similar 53-45 spread.

FL-10: Both the state AFL-CIO and the Florida Education Association have endorsed gun safety activist Maxwell Alejandro Frost ahead of the busy Democratic primary on Aug. 23.

FL-13: The Club for Growth is airing what appears to be the first negative TV ad of the Aug. 23 GOP primary, and its piece rips Kevin Hayslett as a "trial lawyer" who was disloyal to Donald Trump in 2016. The broadside comes days after Hayslett released an internal that showed him trailing 2020 nominee Anna Paulina Luna, whom both the Club and Trump are supporting, only 36-34.

The narrator informs the audience, "While Hillary's campaign called Trump a fraud, Hayslett declared it was 'ludicrous' Trump had not released his tax records." The commercial concludes that Hayslett, whose offense doesn't seem to have gone further than Facebook posts, is "guilty of aiding and abetting the Democrats to assault Donald Trump."

Hayslett himself launched his own negative spot around the same time arguing that it's Luna who's the GOP heretic. The audience is treated to footage of Luna saying, "I always agreed with President Obama's immigration policies," and favoring a "pathway to citizenship."

IN-02: A special election will take place this year to succeed Republican Rep. Jackie Walorski, who died in a car crash on Wednesday, though it’s not yet clear when it will be and how the GOP nominee will be chosen. Almost everyone expects the special to coincide with the Nov. 8 general election, but it’s up to Republican Gov. Eric Holcomb to set the date. Trump carried the existing version of this northern Indiana seat 59-39, while he took the redrawn version by a similar 60-37 spread.

It will be up to the local GOP leadership to choose a new nominee for the special and regular two-year term, and Fox’s Chad Pergram explains that state law requires that any vacancy on the ballot “shall be filled by appointment by the district chairman of the political party.” The chair of the 2nd District Republican Party, though, was Zach Potts, a Walorski aide who was also killed in the collision.

MN-03: Democratic Rep. Dean Phillips is out with a poll from GQR giving him a hefty 57-36 edge over Navy veteran Tom Weiler, who has next week's Republican primary to himself. Biden would have carried this suburban Twin Cities constituency 59-39, though Weiler's allies are hoping that a GOP wave could reverse the dramatic Trump-era gains Democrats made in this once-swingy area.

MN-05: Minneapolis Mayor Jacob Frey, whose city makes up about 60% of this constituency, has endorsed former Minneapolis City Council member Don Samuels' bid against Rep. Ilhan Omar in next week's Democratic primary. Omar backed the mayor's two main rivals in last year's instant runoff race, though Frey ended up winning re-election convincingly. Frey and Samuels also defeated a 2021 ballot measure that would have replaced the Minneapolis Police Department with a Department of Public Safety, while Omar supported the "Yes" side.

NY-10: Impact Research's internal for attorney Dan Goldman shows him leading Assemblywoman Yuh-Line Niou 18-16 in the packed Aug. 23 Democratic primary, with New York City Councilwoman Carlina Rivera and 17th District Rep. Mondaire Jones at 14% and 10%, respectively. Other polls have found different candidates ahead, but they all agree with Impact that a hefty plurality are undecided. 

NY-16: Former Rep. Eliot Engel has endorsed Westchester County Legislator Vedat Gashi's Democratic primary campaign against the man who unseated him two years ago, freshman Rep. Jamaal Bowman. Gashi also earned the backing of Nita Lowey who, unlike Engel, left the House voluntarily last year after decades of service. About three-quarters of this seat's denizens live in the old 16th District where Bowman upset Engel, while the balance reside in Lowey's old turf.

NY-23: Barry Zeplowitz and Associates has conducted a survey that gives state GOP chair Nick Langworthy a 39-37 edge over 2010 gubernatorial nominee Carl Paladino in this month's primary, which is dramatically different from Paladino's 54-24 lead in his own mid-July internal from WPA Intelligence. Veteran pollster Barry Zeplowitz said he conducted this new poll independently, though Paladino quickly called foul and attacked Zeplowitz for donating $99 to his rival.

"So because I gave $99 to a candidate who asked and gave nothing to a second candidate who did not, the poll is a complete scam?" Zeplowitz asked rhetorically, adding, "Mr. Paladino should be thanking me for giving his campaign a heads-up that he is involved in a toss-up. Let the best man win."

WY-AL: Rep. Liz Cheney's newest commercial for the Aug. 16 GOP primary opens with her father, former Vice President Dick Cheney, proclaiming, "In our nation's 246-year history, there has never been an individual who is a greater threat to our republic than Donald Trump." Every poll that's been released shows the younger Cheney badly losing to Trump's pick, attorney Harriet Hageman, in what was the Trumpiest state in the nation in both 2016 and 2020.  

Prosecutors

Hennepin County, MN Attorney: Seven candidates are competing in next week's officially nonpartisan primary to replace retiring incumbent Mike Freeman as the top prosecutor in Minnesota's largest county, but campaign finance reports show that only three of them have access to a serious amount of money. The two contenders with the most votes will advance to the November general election.

The top fundraiser through July 25 by far was state House Majority Leader Ryan Winkler, who took in $230,000 and has several unions on his side. Former Hennepin County Chief Public Defender Mary Moriarty raised a smaller $140,000, but she sports high-profile endorsements from local Rep. Ilhan Omar, Attorney General Keith Ellison, and the state Democratic–Farmer–Labor Party.

Retired judge Martha Holton Dimick, finally, hauled in a similar $130,000; Dimick, who would be the state's first Black county attorney, has the backing of Minneapolis Mayor Jacob Frey as well as the Minnesota Police and Peace Officers Association.

San Francisco, CA District Attorney: Former District Attorney Chesa Boudin said Thursday that he would not compete in this fall's instant-runoff special election to regain the post he lost in a June recall. His announcement came the same week that attorney Joe Alioto Veronese launched a bid to take on incumbent Brooke Jenkins, a recall leader whom Mayor London Breed appointed to replace Boudin last month.

Alioto Veronese is the grandson of the late Mayor Joseph Alioto, who served from 1968 to 1976; his mother, Angela Alioto Veronese, ran in the 2018 special election for mayor but took a distant fourth against Breed. The younger Alioto Veronese previously served as a California criminal justice commissioner and member of the city's police and fire commissions, but he doesn't appear to have run for office before now.

Under the city's current law, the district attorney's post would be on the ballot again in 2023 for a full four-year term. However, voters this fall will decide on a measure that would move the city's next set of local elections to 2024 and keep them in presidential cycles going forward.

Election Recaps

WA-03: The Associated Press on Wednesday evening called the first spot in the previous day's top-two primary for Democrat Marie Gluesenkamp Perez, who notched 31%, but it remains unclear which Republican she'll face. With 158,000 votes counted, which the AP estimates is 83% of the total, Rep. Jaime Herrera Beutler leads Trump-backed Army veteran Joe Kent by a narrow 23-22. The five Republican candidates on the ballot are taking a combined 66% of the vote compared to 33% for Democrats in this 51-46 Trump seat, though Herrera Beutler may have won some support from Democratic voters after voting for impeachment.

Maricopa County, AZ Attorney: Former City of Goodyear Prosecutor Gina Godbehere has conceded Tuesday's Republican primary to appointed incumbent Rachel Mitchell, who leads her 58-42. (The margin may shift as more votes are tabulated.) Both candidates were competing to succeed Allister Adel, a fellow Republican who resigned in March and died the next month.

Mitchell will now go up against Democrat Julie Gunnigle, who lost to Adel 51-49 in 2020, in a special election for the final two years of the term. This post will be up for a regular four-year term in 2024.

Montgomery County, MD Executive: It’s been more than two weeks since the July 19 Democratic primary, but we still don’t know who won the nomination to lead this populous and reliably blue county. With 132,000 ballots counted, incumbent Marc Elrich leads wealthy businessman David Blair 39.3-39.2―a margin of 154 votes.

Election officials say that there are about 4,000 mail-in votes left to tabulate as well as 7,250 provisional ballots to sort through, and that they’re aiming to certify the results by Aug. 12. The second-place candidate would then have three days to request a recount, which is what happened in the 2018 contest between these very two candidates: Elrich ultimately beat Blair by 77 votes four years ago.

P.S. This dragged-out count came about because Republican Gov. Larry Hogan vetoed a measure that would have allowed mail-in ballots to be processed ahead of Election Day. The author of that bill is state Sen. Cheryl Kagan, a Democrat who represents part of Montgomery County; Kagan has called for the state to change its policies to prevent another major delay this November.

Grab Bag

Where Are They Now?: Wanda Vázquez, who became governor of Puerto Rico in 2019 after her predecessor resigned in disgrace, was indicted Thursday on bribery charges related to her unsuccessful 2020 campaign for a full term. Vázquez, who is affiliated with both the GOP and the pro-statehood New Progressive Party (PNP), responded by proclaiming her innocence.

Federal prosecutors allege that Vázquez fired the head of Puerto Rico’s Office of the Commissioner of Financial Institutions and appointed a new one loyal to a campaign donor. Vázquez badly lost the PNP primary 58-42 to Pedro Pierluisi, who prevailed in a close general election.

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