Morning Digest: Republicans seek to trim Democrats’ majority in race for Pennsylvania Supreme Court

Posted on December 5, 2022 by Daily Kos Elections

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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Leading Off

● PA Supreme Court: Two Democrats and one Republican have so far announced that they'll run in next year's statewide race for a 10-year term on the Pennsylvania Supreme Court, which will be a high-stakes contest even though the Democratic majority on the seven-member body is not at risk. The post these candidates are running for became vacant in September when Chief Justice Max Baer died at the age of 74 just months before he was to retire because of mandatory age limits.

Baer's absence was felt just before Election Day when one Democratic justice, Kevin Dougherty, sided with his two GOP colleagues against the remaining three Democratic members in a high-profile case over whether to count mail-in ballots that arrived on time but had missing or incorrect dates. This deadlock meant that election authorities were required to "segregate and preserve any ballots contained in undated or incorrectly dated outer envelopes," a decision that Democrats feared could cost them crucial contests.

Team Blue, after scrambling to encourage any impacted voters to cast new votes (one woman even immediately flew home from Colorado at her own expense to make sure she would "not be silenced by voter suppression"), got something of a reprieve when Senate nominee John Fetterman and other Democrats pulled off decisive wins. Still, the ruling was a troubling reminder that, even with a 4-2 Democratic edge on the state's highest court, Republicans could still have their way on major cases.

Baer's seat still remains unfilled, since either outgoing Gov. Tom Wolf or his successor, fellow Democrat Josh Shapiro, would need to have his nominee confirmed by the GOP-run state Senate. It's not clear whether Republicans would assent to anyone chosen by Wolf or Shapiro, though any acceptable appointee would almost certainly be someone who agreed not to run next year.

That likely explains why two Democratic members of the Superior Court from opposite sides of the state, Beaver County's Deborah Kunselman and Philadelphia's Daniel McCaffery, have already launched campaigns ahead of the May primary. (The Superior Court is one of two intermediate appellate courts in the state and hears most appeals.) The only Republican in the running right now is Montgomery County President Judge Carolyn Carluccio. A win would be a boon to Republicans but, barring more unexpected vacancies, the soonest they could actually retake the majority would be 2025.

election calls

● CA-13: The final unresolved House race of 2022 was called Friday night for Republican agribusinessman John Duarte, who flipped this seat by defeating Democratic Assemblyman Adam Gray 50.2-49.8 after an expensive battle. Biden carried this sprawling constituency in the mid-Central Valley by a 54-43 margin, but Democrats often struggle with midterm turnout in this region. Duarte, though, will almost certainly be a top target when the next presidential cycle comes around in two years.

With this race settled, Republicans will begin the 118th Congress with 222 House seats compared to 212 for Democrats. This tally includes Colorado’s 3rd District, where Democrat Adam Frisch has conceded to far-right Rep. Lauren Boebert even though an automatic recount will take place this month. The final constituency is Virginia’s safely blue 4th District, which became vacant last week following the death of Democratic Rep. Donald McEachin and will be filled through a still-to-be-scheduled special election.

Georgia Runoff

● GA-Sen: Two new media polls show Democratic incumbent Raphael Warnock with a small lead over Republican Herschel Walker going into Tuesday's runoff. SurveyUSA, working for WXIA-TV, put the senator ahead 50-47, while SRSS' poll for CNN had Warnock up 52-48. (SRSS allowed respondents to say they were uncommitted, but almost none did.)

Redistricting

● MT Redistricting: Montana's bipartisan redistricting commission gave its approval to a new map for the state House on Thursday, with the panel's tiebreaking independent member voting in favor of a proposal put forth by Democratic commissioners while the body's two Republicans voted against it. While Republicans are still all but assured of retaining control of the 100-member House, Democrats will have a strong chance of rolling back the GOP's supermajority, which currently stands at 68 seats. (An interactive version of the plan can be found on Dave's Redistricting App.)

The map isn't quite done yet, however: Members of the public will now have the chance to offer feedback, which the commission may use to make further tweaks. Once that task is complete, the panel will work on a map for the upper chamber, which will involve uniting pairs of House districts to create single Senate districts (a process known as "nesting"). The commission will then vote to send final maps to lawmakers, who will have 30 days to propose additional adjustments. Commissioners, however, are not obligated to make any revisions based on comments from legislators.

Once all of this is done, Montana will finally become the last state to finish regular redistricting this decade. It waited so long due to arcane provisions in its state constitution, a delay that very likely was unconstitutional. Despite this apparent violation of the "one person, one vote" doctrine, no one brought a lawsuit challenging these procedures prior to the 2022 elections, so they remained in place. However, in the coming decade, such a challenge could very well succeed.

Senate

● FL-Sen: Retiring Democratic Rep. Stephanie Murphy did not rule out challenging Republican Sen. Rick Scott in 2024, telling the Orlando Sentinel, "I'm running through the tape in this job. And then I'll figure out what comes next." Murphy also used the interview to push back on the idea that her state had become unwinnable for Democrats, arguing, "Florida is not dark red. It can be a purple and blue state with the right candidates and with the right field strategy."

● WV-Sen: Democratic Sen. Joe Manchin said Friday he'd announce his re-election plans sometime in 2023, and that he is "not in a hurry" to make a decision.

House

● NM-02: Defeated GOP Rep. Yvette Herrell sent an email to supporters shortly after she created a new FEC account where she confirmed she was considering a rematch against the Democrat who beat her, Rep.-elect Gabe Vasquez. "We know our work in Washington was not completed, and hundreds of people from all over the District and colleagues in Washington have asked me to stay in the fight," Herrell said, adding, "All options will be on the table--so stay tuned."

● OR-06: A local judge on Thursday allowed Mike Erickson's lawsuit against Democratic Rep.-elect Andrea Salinas to proceed, but the Republican's legal team is hedging whether he'd try to prevent Salinas from taking office or stop at demanding hundreds of thousands in damages over what he claims was a dishonest ad.

Attorneys General and Secretaries of State

● PA-AG: The Philadelphia Inquirer's Chris Brennan takes a look at what could be a crowded 2024 contest to serve as attorney general of this major swing state, a post that Democrat Josh Shapiro will hold until he resigns to become governor. Shapiro will be able to nominate a successor for the GOP-led state Senate to approve, but there's little question that the new attorney general will be someone who agrees to not run in two years.

On the Democratic side, former state Auditor General Eugene DePasquale tells Brennan that he's interested in running; DePasquale was last on the ballot in 2020 when he lost to far-right Rep. Scott Perry 53-47 in the Harrisburg-based 10th District. The paper also reports that former Philadelphia Public Defender Keir Bradford-Grey, Bucks County Solicitor Joe Khan, and state Rep. Jared Solomon are all thinking about it. A PAC began fundraising for Bradford-Grey all the way back in April, though she hasn't publicly committed to anything.

Finally, Brennan mentions outgoing Rep. Conor Lamb, who lost this year's Senate primary to John Fetterman, as a possibility. Lamb recently drew attention when he announced he had accepted a job at a prominent law firm in Philadelphia, which is at the opposite side of the commonwealth from his suburban Pittsburgh base, while adding, "I hope to return to public service one day, perhaps soon." Delaware County District Attorney Jack Stollsteimer, who is running for re-election in 2023, is also name-dropped as a possible contender.

On the Republican corner, Brennan relays that former U.S. Attorney Bill McSwain being recruited to run for attorney general by unnamed people even though his last bid went very badly. McSwain initially looked like a strong candidate for governor this year before Donald Trump castigated his appointee for not doing enough to advance the Big Lie and urged Republicans not to vote for him. McSwain's main ally, conservative billionaire Jeff Yass, later urged him to drop out in order to stop QAnon ally Doug Mastriano, but he didn't listen: McSwain took a distant third with just 16%, while Shapiro went on to beat Mastriano in a landslide.

Another Republican, state Rep. Craig Williams, says he's considering even though he's focused right now on being an impeachment manager as his party tries to remove Philadelphia District Attorney Larry Krasner from office. (Solomon will be one of the Democrats defending Krasner at his January trial before the state Senate.) Brennan also mentions as possibilities former U.S. Attorney Scott Brady; state Rep. Natalie Mihalek; York County District Attorney David Sunday; and Westmoreland County District Attorney Nicole Ziccarelli.

The attorney general became an elected office in 1980, and Republicans had an iron grip on the job until Democrat Kathleen Kane finally broke their streak in 2012. Kane resigned in disgrace four years later, but Shapiro held the seat for his party even as Donald Trump was narrowly carrying the state and prevailed again in 2020.

Legislatures

● WI State Senate: Democratic Gov. Tony Evers has scheduled the special election to succeed former Republican state Sen. Alberta Darling, whose resignation gives Democrats a chance to take away the GOP's new supermajority, to coincide with the April 4 statewide contest for the Wisconsin Supreme Court. Evers' proclamation also makes it clear the contest for this seat, which is based in the suburbs and exurbs north of Milwaukee, will take place under the new legislative lines drawn up this year.

The new version of this seat would have backed Trump 52-47, according to Dave's Redistricting App. Republican Sen. Ron Johnson last month won the district 54-46, according to our calculations, while GOP gubernatorial nominee Tim Michels prevailed over Evers here by a smaller 52-48 spread.

The only notable candidate currently running to succeed Darling is Republican state Rep. Dan Knodl, who launched his bid on Tuesday. Prospective contenders have until Jan. 3 to file, and primaries would take place Feb. 21 if needed.

Mayors and County Leaders

● Houston, TX Mayor: State Sen. John Whitmire announced all the way back in 2021 that he would compete in next fall's nonpartisan contest to succeed his fellow Democrat, termed-out Mayor Sylvester Turner, but Whitmire's Tuesday kickoff still made news for attracting a number of prominent Republican donors.

Whitmire has in his corner billionaire Tilman Fertitta, who also used the launch at the hotel he owns to attack Turner's leadership. (Paper City notes that Fertitta once hosted a fundraiser for Turner.) The state senator also has the backing of several donors whom the Houston Chronicle says funded Republican Alexandra del Moral Mealer's unsuccessful attempt to oust Harris County Judge Lina Hidalgo last month, as well as local police unions. The kickoff was also attended by some notable local Democrats including Harris County District Attorney Kim Ogg, who has clashed with Hidalgo, and fellow state Sen. Carol Alvarado.

Whitmire himself begins the campaign with a huge $9.5 million in his legislative account, though, the Chronicle says it's not clear how much of that he can use to run for mayor. He's been able to build up this sort of haul in part because he's had decades to fundraise. He was first elected to the state House all the way back in 1972, when Democrats were still the dominant party in Texas, and he won a promotion to the upper chamber in 1982.

Whitmire, who is the longest serving member of the state Senate, has remained a powerful figure even though he's spent most of that time in the minority. He has chaired the Criminal Justice Committee since 1993, which makes him the only Democrat to hold this sort of power. The Chronicle writes that, while he's usually supported his party's proposals, he's sided with the GOP on multiple votes against bail reform. The state senator last year also dismissed the lack of air conditioning units in jail cells by snarking, "Don't commit a crime and you can be cool at home."

The state senator, though, had no trouble winning renomination to his seat, which now takes up about a quarter of Houston, until this year when he faced a challenge from the left from nurse Molly Cook. Cook, who accused him of "running for two offices at once," lost 58-42, which was still Whitmire's closest showing since the early 1990s.

Whitmire currently faces three notable opponents in the race for the job that his former sister-in-law, Kathy Whitmire, held from 1982 to 1992. The field includes former Harris County Clerk Chris Hollins, who attracted widespread attention in 2020 for implementing efforts to expand access to voting during the pandemic. Hollins has already called Whitmire's Democratic loyalties into question by reminding voters that he did not support Hidalgo during her competitive re-election fight.

The contest also includes former City Councilwoman Amanda Edwards, who took fifth in the 2020 Democratic primary for U.S. Senate and would be the first Black woman to lead Houston. Rounding out the field is attorney Lee Kaplan, a first-time candidate who has done some self-funding. Kaplan and Edwards had about $700,000 and $720,000 on hand at the end of June, respectively, while Hollins had $940,000 to spend. All the candidates will compete on one nonpartisan ballot in November, and it would take a majority of the vote to avert a runoff the next month.

Morning Digest: Daily Kos Elections presents our 2020 calendar of key elections across the country

Posted on February 18, 2020 by Daily Kos Elections

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

Leading Off

● 2020 Elections: The presidential election and competitive races for the House and Senate may be generating most of the headlines, but there are many important contests further down the ballot taking place nationwide this year. From mayoral races to district attorney elections and contests for control of county boards of supervisors, 2020 will feature major battles in some of the country's largest cities and counties. Daily Kos Elections has compiled a calendar with all the key dates for this year's major local races, and there's a lot to keep track of.

Campaign Action

Wisconsin will be the site of the first big downballot election night of the year on Tuesday, when party primaries for the special election in the vacant 7th Congressional District will take place; the general election will follow on May 12. The main event, though, will be the primary for a seat on the state Supreme Court, while Milwaukee County and the city of Milwaukee will also be voting for county executive and mayor, respectively. Runoffs between the top two vote-getters in all three of these races will take place on April 7. You can find a preview of those races here.

It will be an interesting year on the mayoral front in particular. Of the 100 largest cities in the country, 29 will hold elections for mayor at some point during 2020. Yet even though Republicans hold less than a third of all big-city mayoralties, they're defending 15 seats this year, versus 12 for Democrats (two are held by independents).

The biggest city on the list is San Diego, California, where Democrats are hoping for a pickup, in part because Republican Kevin Faulconer is term-limited. The largest Democratic-held prizes are Portland, Oregon and Baltimore, Maryland, though Republicans have no shot at flipping either.

Further down the ballot, the three largest counties in California—Los Angeles, San Diego, and Orange—will hold elections for their boards of supervisors, as will Maricopa County, Arizona. All except Los Angeles have a Republican majority, and control of each of those GOP-held bodies is on the line.

Meanwhile, the two largest counties in the entire country, Los Angeles and Cook County, Illinois (home of Chicago), will be selecting their district attorneys. Orleans Parish in Louisiana, which is coterminous with the city of New Orleans, will also vote for its top prosecutor; embattled incumbent Leon Cannizzaro is eligible for re-election.

2020 promises to be an active year and we may also see more contests come onto the radar as events develop. Bookmark our calendar to keep tabs on all the action. Also check out our separate calendar of congressional and state-level primaries for all 50 states.

Senate

● KS-Sen: Former Kansas Secretary of State Kris Kobach is out with a poll from the GOP firm McLaughlin & Associates that shows him leading Democratic state Sen. Barbara Bollier 47-38 in a hypothetical general election. Kobach released his survey from the less than reliable McLaughlin days after a poll from the Democratic firm DFM Research for the union SMART came out showing him tied with Bollier 43-43.

Despite this McLaughlin poll, national Republicans remain worried that Kobach, who lost the 2018 gubernatorial election to Democrat Laura Kelly, would put them in danger in a state that hasn't elected a Democratic senator since 1932. Senate Republicans made it clear before Kobach even announced his campaign that they'd take action to stop him from winning the August primary, and CNN reported over the weekend that they remained as opposed to him as ever.

However, one notable Republican isn't ready to strand Kris Kobach on the Isle of Misfit Senate Candidates. CNN writes that Donald Trump spoke to his old ally in person late last month, and that Jared Kushner is working with Kobach on a White House immigration plan. Trump's advisers reportedly "have gently pressed him" to back Rep. Roger Marshall, who is one of the many other Republican candidates here, but Trump doesn't seem to be in any hurry to decide.

Still, there is at least one indication that Trump may be listening. The Kansas City Star reports that Trump met with Marshall in the Oval Office in mid-January and tried to call Kobach up right then and there to convince him to drop out. Trump got Kobach's voicemail, though, and the two ended up speaking a few hours later after Marshall had left the White House. There's no word on what they said to one another, but Kobach remains in the race a month later.

● TX-Sen: The University of Texas is out with a survey for the Texas Tribune of the March 3 Democratic primary to take on GOP Sen. John Cornyn, and it's the first survey we've seen that shows a clear frontrunner. Air Force veteran MJ Hegar, who has the DSCC's endorsement, leads with 22%, which is still well below the majority she'd need to avoid a May runoff.

Nonprofit director Cristina Tzintzún Ramirez holds a 9-7 edge over former Rep. Chris Bell for second place, while former Houston City Councilwoman Amanda Edwards and state Sen. Royce West each are just behind with 6%. Two underfunded contenders, Annie "Mamá" Garcia and Sema Hernandez, each take 5%.

Gubernatorial

● AK-Gov: The Alaska Supreme Court announced Friday that it would hear oral arguments on March 25 about the legality of the recall campaign against GOP Gov. Mike Dunleavy. While the justices have not yet determined if Alaskans can vote whether to cut short Dunleavy's tenure, they also ruled last week that Recall Dunleavy is allowed to collect signatures to get a recall measure on the ballot.

As we've written before, an official in Alaska may only be recalled for "(1) lack of fitness, (2) incompetence, (3) neglect of duties, or (4) corruption." This provision, which recall expert Joshua Spivak calls a "malfeasance standard," differs from the practice in many other states, where only voters' signatures are needed for a recall to go forward.

Recall Dunleavy, the group that is seeking to fire the governor, is focusing on the first three grounds for recall. However, in an opinion for the state Division of Elections, Republican state Attorney General Kevin Clarkson argued that the stated allegations listed on the campaign's petitions "fail[ed] to meet any of the listed grounds for recall." Anchorage Superior Court Judge Eric Aarseth ruled in January, though, that the recall campaign could proceed because all but one of their stated grounds was valid.

However, in a confusing series of events, Aarseth soon issued a stay that prevented Recall Dunleavy from gathering signatures before the state Supreme Court heard the appeal, quickly said that the stay have been "inadvertently issued," then issued another stay a week later that once again halted the signature gathering. The Alaska Supreme Court ruled on Friday, though, that Aarseth "did not expressly consider the harm to Recall Dunleavy from a stay, and as a result it appears to have applied an incorrect analysis." This decision allows Recall Dunleavy to collect petitions even though its legal battle is far from over.

If Recall Dunleavy successfully convinces the justices that its campaign is valid under state law, organizers will need to collect another 71,000 signatures in order to place the recall on the ballot. There's no time limit for gathering petitions, and a recall election would take place 60 to 90 days after the Division of Elections verified that enough valid signatures have been turned in.

If the recall is successful, Lt. Gov. Kevin Meyer, who is also a Republican, would replace Dunleavy. No matter what, though, Alaska's regularly-scheduled gubernatorial election will take place in 2022.

● MO-Gov: On Friday, former Gov. Eric Greitens declined to rule the idea that he’d challenge Gov. Mike Parson, who was elevated from lieutenant governor to governor in 2020 after Greitens resigned in disgrace, in the August GOP primary. People close to Greitens tell the Kansas City Star’s Jason Hancock that this comeback is unlikely to actually happen this year, but Parson’s allies are still taking the idea seriously. Missouri’s filing deadline is at the end of March.

Greitens has avoided the media since his departure from office, but he reemerged last week one day after he got some welcome news from the Missouri Ethics Commission. The body announced that it was fining Greitens $178,000 after it ruled that his 2016 campaign had not disclosed its coordination with a federal PAC and a nonprofit. However, the Commission said they had “found no evidence of any wrongdoing on part of Eric Greitens” and that most of the fine would be forgiven as long as he pays $38,000 and doesn’t incur any other violations over the next two years.

Greitens used the occasion to go on a conservative media tour and proclaim in Trump-like fashion that he had received a “total exoneration,” and he wasn’t just talking about the matters the Commission ruled on last week. Back in early 2018, his once promising political career began to unravel in the face of allegations that he'd sexually assaulted the woman he was having an affair with and blackmailed her.

Greitens ended up getting indicted by local prosecutors twice: Once on allegations of first-degree felony invasion of privacy related to this story, and once for unrelated charges of computer tampering involving his charity. The GOP-led state legislature, which had little love for Greitens after spending a year feuding with him, also began to move towards removing him from office.

Greitens eventually resigned in exchange for the tampering charges getting dropped. A short time later, the Jackson County Prosecutor's office also announced that it was dropping the charges in the sexual assault and blackmail case because it believed it was impossible to successfully prosecute Greitens.

Greitens declared on Friday that the GOP legislature’s old investigation was some “Joseph Stalin stuff,” but he wasn’t so vocal about his current plans. When host Jamie Allman asked him if he was considering a 2020 bid for his old office Greitens responded, “Anything is a possibility.” Greitens added that he’d be willing to reappear on Allman’s program later to talk about this contest, but he didn’t say anything else about it.

However, unnamed Greitens associates tell Hancock that the former governor is well aware that he’s still unpopular and that he’s not sure if he could raise enough money to compete. They didn’t dismiss the idea that he’d run against Parson, though, and neither did the incumbent’s allies. John Hancock, who runs the well-funded pro-Parson super PAC Uniting Missouri, said he didn’t expect Greitens to get in, “But we don’t take anything for granted in a political campaign.”

A Parson adviser put it more bluntly to the paper: “Will he run? I doubt it. Are we going to be haunted by his ghost until he declares or filing for the primary closes? Absolutely.”

House

● AL-05: On Friday, Donald Trump tweeted out his endorsement for Rep. Mo Brooks ahead of the March 3 GOP primary. Brooks faces a challenge from retired Navy Cmdr. Chris Lewis, who earned the support of the Alabama Farmers Federation but has very little money.

● NJ-03: Over the weekend, former Burlington County Freeholder Kate Gibbs received the recommendation of the Ocean County Republican Screening Committee, which puts her in a good position to win the county party’s backing at its March 4 convention.

As we’ve noted before, county party endorsements matter quite a bit in New Jersey, and Gibbs’ already has the support of the Burlington County GOP. Ocean County contains the somewhat larger share of Republican primary voters in this two-county district, though, which makes it a very important prize in the June GOP primary to face freshman Democratic Rep. Andy Kim.

● TX-18: On Friday, U.S. District Court Judge Dabney Friedrich dismissed a lawsuit brought against Democratic Rep. Sheila Jackson Lee's office and the Congressional Black Caucus Foundation by a former CBCF aide identified only as Jane Doe. Doe had alleged that she'd been fired by Jackson Lee in 2018 after she'd told the congresswoman's chief of staff, Glenn Rushing, that she would take legal action against the CBCF, which was led by Jackson Lee at the time.

Doe said in her suit that she had been raped by a CBCF supervisor in 2015 when she was interning there. She further said she'd told Rushing about the assault in 2018 after she learned that her alleged assailant was looking for a job in Jackson Lee's congressional office. The man was not hired, but Doe said she then told Rushing she planned to sue the foundation and wanted to speak to Jackson Lee about it. No meeting took place, and Doe said she was fired two weeks later, ostensibly for "budgetary issues."

Jackson Lee announced in January of last year that she was resigning as head of the CBCF and temporarily stepping aside from a House Judiciary subcommittee chairmanship as a result the lawsuit. Friedrich, though, ruled that Doe had not alleged any legally sufficient claims for which Jackson Lee's office or the CBCF could be held liable. Doe's attorney says that she's unsure if her client will appeal.

● TX-28: Texas Forward, which is allied with EMILY's List, is out with a Spanish language TV spot ahead of the March 3 Democratic primary that argues that conservative Rep. Henry Cuellar has embraced Washington and is no longer “one of us.” Meanwhile, a large coalition of labor groups are spending $350,000 on radio and digital ads, as well as voter turnout operations, in support of immigration attorney Jessica Cisneros.

● WA-05: Former Spokane County Treasurer Rob Chase announced on Friday that he would challenge Rep. Cathy McMorris Rodgers, a fellow Republican, in the August top-two primary. Chase lost his 2018 bid for a seat on the county commission by a lopsided 61-39 margin to a fellow Republican, and he's unlikely to pose much of a threat to the well-funded incumbent.

Grab Bag

● Where Are They Now?: Siena College announced on Friday that former GOP Rep. Chris Gibson, who represented a competitive seat in upstate New York from 2011 through 2017, would become its new president in July. Gibson is a Siena graduate, and he will be the first non-friar to lead the Franciscan college.

Gibson has been mentioned as a possible GOP statewide candidate in the past, though he surprised political observers when he decided to pass on a 2018 run against Gov. Andrew Cuomo. Gibson's new gig probably means that he won't be running for office anytime soon, though he'll still have a connection to the world of politics: Siena has a prolific polling arm that conducted the New York Times' famous (or infamous) live polls in 2018.

Morning Digest: Anti-impeachment Trump surrogate launches bid against GOP senator in Georgia special

Posted on January 30, 2020 by Daily Kos Elections

Leading Off

● GA-Sen-B: On Wednesday morning, Georgia Rep. Doug Collins announced that he would challenge appointed Sen. Kelly Loeffler, a fellow Republican, in this year’s special election. Collins is currently serving as one of Donald Trump’s designated surrogates during his impeachment trial, and the Atlanta Journal-Constitution wrote that the congressman hopes to have Trump’s inner circle behind him.

Campaign Action

As we recently noted, Collins’ decision to run almost certainly crushes the GOP’s hopes of winning outright in November, at least under the state’s current election law. That's because all candidates from all parties will run together on a single ballot, and if no one takes a majority, a runoff between the top two vote-getters—regardless of party—would be held in January of next year.

Collins’ run could be a mixed blessing for Democrats, though. While Team Blue would very much like a bloody intra-party battle between the Republicans, it’s possible that Loeffler and Collins could each secure enough support to lock Democrats out of a January runoff.

While there’s a chance that Democrats could instead secure both runoff spots and automatically flip this seat from red to blue, it’s not a good one. Businessman Matt Lieberman is the party’s only declared candidate so far, but former U.S. Attorney Ed Tarver recently said that he planned to run while the Rev. Raphael Warnock is also reportedly going to get in soon.

This lineup would mean that Georgia’s Democratic voters would be dividing their support among a trio of candidates while Republicans would have just a pair to choose from—a scenario that would give the GOP a very real shot to take the top two spots in the all-party primary.

However, it’s possible that this special election law will change soon. Both Collins’ allies in the state legislature as well as Democrats are backing a bill that would require a partisan primary in May and a general election in November, which are the same rules that govern the state’s regularly scheduled Senate race. Gov. Brian Kemp, who appointed Loeffler, has said he’d veto this legislation if it makes it to his desk, though Democrats and Republicans could override him with a two-thirds supermajority.

While it remains to be seen when Loeffler and Collins will compete, it’s clear that the congressman is a serious threat to her chances. While Collins has made a name for himself with the Trump fans across the state by loudly defending the White House from impeachment, Loeffler had very little name recognition when she was appointed in December. A survey from the Democratic firm PPP taken just after Loeffler was selected in December even showed Collins destroying her 56-16 in a hypothetical GOP primary.

However, Loeffler very much has the resources to get her name out and attack Collins. The wealthy senator recently launched a $2.6 million ad campaign to introduce herself to voters and declare her fealty to Trump, and she’s reportedly pledged to spend a total of $20 million of her own money on this race. While Collins might be able to raise a serious amount of cash for this contest, he’s probably going to have a tough time bringing in anywhere near enough to match Loeffler’s self-funding.

Two prominent GOP groups are also making it clear that they’re going to support Loeffler. The NRSC, which endorsed the incumbent right after Kemp appointed her, put out a statement right after Collins announced that contained this angry, though rather ungrammatical, pair of phrases: “Doug Collins’ selfishness will hurt David Perdue, Kelly Loeffler, and President Trump. Not to mention the people of Georgia who stand to bear the burden of it for years to come.”

The Senate Leadership Fund, a well-funded super PAC run by allies of Senate Majority Leader Mitch McConnell, also blasted Collins as “selfish” and praised Loeffler as “a warrior for the President.” It remains to be seen how much each group will be willing to spend here in a cycle when control of the Senate is on the line, but the SLF said of Loeffler, “We’ll have her back if she needs us.”

The biggest player in GOP politics, though, has not yet taken sides. The White House reportedly made an unsuccessful push to convince Kemp to appoint Collins instead of Loeffler, and Trump no doubt is still happily watching the congressman’s frequent appearances on his behalf on Fox News. (It’s almost certainly no accident that Collins launched his campaign on Wednesday on Trump’s beloved “Fox & Friends.”)

However, while Trump may be inclined to support Collins, Loeffler is doing whatever she can to quickly get into his good graces. She may already be succeeding: Hours after Collins entered the contest, Trump singled Loeffler out at a bill signing and said, “Congratulations, Kelly. They really like you a lot. That’s what the word is.” McConnell, who is arguably both the White House and Loeffler’s most important ally, may also be able to persuade Trump to at least stay out of this contest.

Of course, there’s never any telling what Donald Trump will or won’t do, so both Loeffler and Collins may be kept in suspense for a long time to come.

4Q Fundraising

● NH-Sen: Corky Messner (R): $51,000 raised, additional $200,000 self-funded, $1.07 million cash-on-hand

● TX-Sen: John Cornyn (R-inc): $2.75 million raised, $12.1 million cash-on-hand

● ME-02: Dale Crafts (R): $128,000 raised, additional $47,000 self-funded, $134,000 cash-on-hand

● MI-03: Lynn Afendoulis (R): $112,000 raised

● NV-04: Jim Marchant (R): $156,000 raised, $209,000 cash-on-hand

● NY-24: Dana Balter (D): $205,000 raised, $220,000 cash-on-hand; Francis Conole (D): $250,000 cash-on-hand; Roger Misso (D): $120,000 raised, $130,000 cash-on-hand

● WA-03: Carolyn Long (D): $498,000 raised

Senate

● MA-Sen: Sen. Ed Markey picked up a Democratic primary endorsement this week from former Gov. Michael Dukakis, who was the party's 1988 presidential nominee. Dukakis left office in 1991, though he's occasionally been in the news in recent years as he's pushed for a rail link between Boston's two major train stations. You can stop leaving your leftover Thanksgiving turkey carcasses outside his house, though.

● TX-Sen: Every poll we've seen of the March Democratic primary to take on GOP Sen. John Cornyn has found a large plurality of voters undecided, and new surveys from the nonpartisan nonprofit Texas Lyceum and the progressive group Data for Progress each are no different.

Texas Lyceum's poll gives 2018 House nominee MJ Hegar the lead with 11% of the vote while state Sen. Royce West edges nonprofit director Cristina Tzintzún Ramirez 8-7 for the second spot in the likely runoff. Former Houston City Council Member Amanda Edwards is just behind with 6 while a group of other candidates, including former Rep. Chris Bell and 2018 Senate candidate Sema Hernandez, take 5% each. The firm finds that 42% are undecided in a contest where no one has aired many ads yet.

Data for Progress' survey finds that more voters have chosen one of the candidates, but 34% are still undecided. The poll has Hegar ahead with 18%, while both West and Ramirez take 13%. Bell is at 8%, while none of the other contenders take more than 4%.

The survey also tests Hegar out in three different primary runoff scenarios:

32-33 vs. Ramirez 42-16 vs. Edwards 48-19 vs. West

On Tuesday, West also picked up an endorsement from Houston Mayor Sylvester Turner, who leads Texas' largest city.

Gubernatorial

● AK-Gov: On Wednesday, Anchorage Superior Court Judge Eric Aarseth issued a stay preventing the committee trying to recall GOP Gov. Mike Dunleavy from gathering signatures. Aarseth had taken this very action last week only to reverse himself the following day because that stay had been "inadvertently issued." However, Aarseth now says that the Alaska Supreme Court should rule on the constitutionality of the recall campaign before it is allowed to collect signatures to reach the ballot.

● MO-Gov: Uniting Missouri, which is the main super PAC supporting GOP Gov. Mike Parson, is out with a poll from the Republican firm American Viewpoint that gives the incumbent a 54-36 lead over Democratic state Auditor Nicole Galloway. The only other survey of this contest we've seen over the last several months was a November PPP poll for the Democratic Governors Association that gave Parson a smaller 45-36 edge.

House

● FL-26: While Donald Trump endorsed Miami-Dade County Mayor Carlos Giménez last week, both former Miami-Dade County firefighters union president Omar Blanco and restaurateur Irina Vilariño say they plan to keep campaigning for the GOP nomination. However, neither of them looks like they'll be much of a threat to Giménez in the August primary to take on freshman Democratic Rep. Debbie Mucarsel-Powell.

Vilariño didn't even commit to staying in the race, since The Miami Herald writes that "she's evaluating her options." The paper writes that Vilariño raised just $70,000 during the most recent quarter, so she may not be able to put up much of a fight even if she opts to keep running.

Blanco also acknowledged that Giménez has harmed his fundraising, though he hasn't revealed how much he brought in during the last months of 2019. It may not matter much, though, since Blanco said that he didn't plan to go negative on Giménez, who is actually his boss: The mayor oversees the county fire department, where Blanco serves as a lieutenant.

● GA-09: GOP Rep. Doug Collins' decision to run for the Senate opens up Georgia's 9th District in the rural northeastern part of the state. This seat backed Donald Trump 78-19, which was his best performance in any of the state's 14 congressional districts, and there's no question that whoever wins the GOP nod will prevail with ease in the general election.

The primary will take place in mid-May, and there would be a runoff in July if no one takes a majority of the vote. The filing deadline is March 6, so potential candidates have about five weeks to decide whether or not to run.

State Sen. John Wilkinson didn't need anywhere near that long to make up his mind, though, and he entered the race right after Collins announced that he was leaving to run for the Senate. Wilkinson has represented the 50th Senate District, which makes up about a quarter of this seat, since late 2011, and he's spent the last eight years as chair of the Agriculture and Consumer Affairs Committee.

Several other Republicans are eyeing this contest, including one familiar name. Former 10th District Rep. Paul Broun confirmed that he was considering a comeback here, and Lauren Souther of the local news site Fetch Your News writes that he "indicated" that he'd decide this week. Broun was elected to the House in a 2007 special election, and he quickly emerged as the go-to guy for far-right quips, including his infamous 2012 proclamation that "[a]ll that stuff I was taught about evolution, embryology, Big Bang theory, all that is lies straight from the pit of hell."

It was Broun's career that soon descended into the pit of hell, though. In 2014, Broun gave up his seat representing the neighboring 10th District to run for an open Senate seat, but he finished a weak fifth in the primary with just 10% of the vote. Two years later, Broun relocated to the 9th District and challenged Collins for renomination, but the former congressman failed to raise much money and lost by a lopsided 61-22 margin.

State Rep. Kevin Tanner is also talking about running, and he told Fetch Your News on Wednesday that he would decide in "the next few days." Enotah Judicial Circuit District Attorney Jeff Langley called a congressional race "an intriguing possibility" and said he hadn't decided anything yet, but he also said he was very happy at his current post. In addition, Fetch Your News writes that fellow state Rep. Matt Gurtler is reportedly mulling it over, but Gurtler didn't respond for comment. The Atlanta Journal-Constitution mentioned fellow state Rep. Emory Dunahoo as a possibility, though there's no word on his interest.

Another group of Republicans sounds unlikely to run, though they didn't outright say no. Conservative radio host Martha Zoller, who lost the 2012 open seat primary runoff to Collins 55-45, said, "I am certainly going to consider running for this position, but I, at this time, am leaning toward not running."

Chris Riley, a longtime aide to former Gov. Nathan Deal, said Tuesday that, while he wasn't saying no, he was focused on "helping our friends who are seriously considering and helped make the Deal Administration successful." State Senate Pro Tem Butch Miller sounded even less enthusiastic, and he told the AJC that "the likelihood of me running for Congress is very low."

By contrast, Enotah Judicial Circuit Court Judge Stan Gunter and state Sen. Steve Gooch each made it clear that they would sit this race out.

● MD-07: Former state Democratic Party chair Maya Rockeymoore Cummings is out with her first TV ad ahead of Tuesday's crowded special primary to succeed her late husband, Rep. Elijah Cummings.

Rockeymoore Cummings begins by telling the audience, "Elijah worked hard, especially for children and youth. I know because I was right there with him." The candidate continues, "Together, we worked for social and economic justice, and we were in the trenches side by side fighting for Baltimore." Rockeymoore Cummings then says she's running "to continue that fight—for more affordable healthcare and prescription drugs, and an end to the gun violence and trauma that is wiping out a generation of black talent."

● NC-11: GOP state Sen. Jim Davis uses his first TV spot for the crowded March GOP primary for this open seat in Appalachian North Carolina to express his hatred for Mondays liberals. Davis, who is situated between a table with a huge plate of cheeseburgers and a black backdrop, begins the commercial wielding a handgun in what could easily be mistaken for an ad for the world's most terrifying fast-food restaurant.

But of course, this is really a political spot, and Davis continues by loading his weapon and telling the audience that liberals want to make his nine-millimeter gun illegal. He then drags his platter of burgers to him and repeats one of the GOP's favorite Trump-era lies by saying that liberals also want to outlaw cheeseburgers. That idea comes from conservatives' deliberate misreading of the Green New Deal, and a similar falsehood has already appeared in ads attacking Democratic Sen. Gary Peters in Michigan.

Davis then goes on a rant about how the left "want[s] to tell us how to live, how to worship, even how to eat." Davis never fires his gun during the spot, but he does end it by taking a hardy bite out of Chekov's cheeseburger. Wisely, though, the senator leaves the other dozen or so patties on the table uneaten.

● NY-15: End Citizens United has endorsed New York City Councilman Ritchie Torres in the crowded Democratic primary to succeed retiring Rep. José Serrano.

● NY-22: Freshman Democratic Rep. Anthony Brindisi uses his first TV spot of the cycle to stress how he's worked across party lines in Congress. The commercial features several clips of news people talking about his accomplishments, including how he got four bills signed by Donald Trump. The ad does not mention the conservative TV commercials that have already run here attacking the congressman, though Brindisi told Politico he was going on the air early "to set the record straight."

● TX-07: Army veteran Wesley Hunt, who is the national GOP's favored candidate in the March primary to face freshman Democratic Rep. Lizzie Fletcher, is out with a TV spot where he declares that Donald Trump is right to call drug cartels "terrorist organizations." The candidate calls for building the border wall before the narrator notes that Hunt has the endorsement of Sen. Ted Cruz.

● TX-22: Big Brothers Big Sisters Lone Star CEO Pierce Bush is out with a GOP primary ad starring his wife, Sarahbeth Bush. She tells the audience how her father developed a drug addiction when she was 10 and that "[d]rugs smuggled across the border ruin lives and shatter families." Sarahbeth Bush then praises the candidate as someone who understands the border crisis.

● WA-10: Democratic state Rep. Beth Doglio, who'd previously said she'd decide on whether to seek Washington's open 10th Congressional District after the legislature's session ends on March 12, has now filed paperwork to create a campaign committee with the FEC. Several notable Democrats are already running, and a number of others are considering. However, no prominent Republicans have expressed interest in seeking this seat, which voted 51-40 for Hillary Clinton.

Legislative

● Special Elections: Here's a recap of Tuesday's four special elections:

TX-HD-28: Republican Gary Gates defeated Democrat Eliz Markowitz 58-42 to hold this suburban Houston district for his party. The result is disappointing for Democrats, who aggressively targeted this race as part of a larger effort to flip the Texas House later this year, as Markowitz's performance in this district lagged behind Hillary Clinton's 10-point loss in 2016 and Beto O'Rourke's narrow 3-point loss in 2018.

Democrats will now ask themselves why Markowitz fell well short of what the fundamentals of this district would have augured. One key reason may have been the wealthy Gates' heavy self-funding, which totaled at least $1.5 million. In addition, younger voters and Latinos, who are among Democrats' most important constituencies in Texas, are less apt to turn out for an unusually timed special election as opposed to a November general election.

Markowitz and Gates will likely face off again in the fall, but one important reminder for Democrats is this district is not a prerequisite for taking the state House. The Texas Democratic Party recently ranked this district as its 16th-most attractive pickup opportunity on an initial target list of 22 seats, ranked by O'Rourke's 2018 margins.

TX-HD-100: Democrat Lorraine Birabil defeated fellow party member James Armstrong 66-34 to hold this deep blue Dallas seat.

TX-HD-148: Democrat Anna Eastman defeated Republican Luis LaRotta 65-35 to hold this seat for her party. These three special elections in Texas return this chamber to full strength, with Republicans in control 83-67.

GA-HD-171: Republican Joe Campbell took 58% of the vote in this three-way race to avoid a runoff and hold this south Georgia seat for the GOP. Democrat Jewell Howard was the runner-up with 33%, while Republican Tommy Akridge rounded out the voting with 8%.

This result moves the makeup of the Georgia state House to 105-74 in favor of Republicans with one seat vacant.