Morning Digest: A Georgia justice could be the first to lose in over a century

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

GA Supreme Court: If former Democratic Rep. John Barrow wins his bid for the Georgia Supreme Court later this month, he'll accomplish something no one in the state has managed in over 100 years: unseating an incumbent justice.

According to the Atlanta Journal-Constitution, such an event hasn't happened since Richard Russell Sr. beat Chief Justice William Fish back in 1922. (Russell was the father and namesake of the segregationist Sen. Richard Russell, who, as Robert Caro detailed in "Master of the Senate," was a key mentor to Lyndon Johnson.)

Not many justices, though, have ever even been in danger of losing, since it's rare for sitting Georgia judges to face any opponents at all. The AJC noted last month that conservative Justice Andrew Pinson was the only one of four Supreme Court justices and six Court of Appeals judges up this year who drew a challenger, while just five of 122 trial court judges across the state have any sort of opposition.

And most justices haven't even needed to win an election to earn a spot on the high court in the first place. Instead, the vast majority have been appointed to fill vacancies, making open-seat races as uncommon as contested elections.

Sometimes elections don't even happen at all, as Barrow found out the hard way not long ago. That's because justices can time their departure to make sure their successor doesn't even need to appear on the ballot for several years.

Barrow had launched a campaign in 2019 to succeed retiring Justice Robert Benham, who was the last Democratic appointee on the Supreme Court. That election was scheduled to take place the following year, but it was called off after Benham decided to resign rather than serve out his term, thanks to a Georgia law that allows newly appointed judges to spend at least six months on the bench before they have to face the voters.

But Barrow now has the chance to score a historic victory against Pinson on May 21, which is the same day that the Peach State will holds its primaries for other offices. No other candidates are running in this officially nonpartisan race, so this contest will be settled without a November runoff.

While Barrow was one of the more conservative Democrats during his time in the House, which ended following his loss Republican Rick Allen during the 2014 GOP wave, he's focused his comeback bid on his opposition to the state's six-week abortion ban.

"It’s the most important decision the Supreme Court of Georgia is going to make in the next 20 years," he told local Democrats of the ongoing legal challenges to the law. "Politicians shouldn’t be making your personal health care decisions."

Pinson, for his part, has argued he can't talk about issues like abortion that could come before the court. He notably declined to attend a recent debate by arguing his appearance could breach state judicial codes, an argument his opponent was not impressed with.

"The only thing worse than his record is that he’s too chicken to come here and stick up for himself," Barrow said at the event, which proceeded despite Pinson's absence.

A win for Barrow wouldn't change the ideological majority of the nine-person court, as Pinson and almost every other member were appointed by Republican governors. (The one exception is Justice John Ellington, who won a six-year term at the ballot box in 2018 with support from figures in both parties.) Should Barrow prevail, though, it would be another strong sign that Georgia's shift to the left during the last few years isn't over.

Senate

MD-Sen: Rep. David Trone has removed a put-down charging that the Senate "is not a place for training wheels" from a new negative ad attacking his opponent in the May 14 Democratic primary, Prince George's County Executive Angela Alsobrooks, per a new report from Axios' Stephen Neukam.

Neukam notes that the edit came after more than 650 Black women signed a letter charging that the remark, which was uttered by Prince George's County Council member Edward Burroughs, was "not only disparaging and dismissive but also echoes tones of misogyny and racism." Trone, who is white, used the phrase himself in an NBC interview that aired earlier this week.

Trone's campaign claims the change to his commercial was made because his editors "chose to make a number of additional edits" after coming across other clips they found "compelling," according to Neukam.

MI-Sen: Wealthy businessman Sandy Pensler is returning to the airwaves and reportedly plans to continue advertising on TV through the Aug. 6 Republican primary. The Detroit News relays an AdImpact analysis finding that Pensler has spent at least $655,000 so far and reserved nearly $1 million more over the next three weeks.

Pensler's latest ad targets Rep. Elissa Slotkin, the frontrunner for the Democratic nomination, by trying to associate her with Squad member and fellow Michigan Rep. Rashida Tlaib. However, a senior adviser said Pensler also plans to "spend a serious amount" on commercials introducing himself and attacking former Rep. Mike Rogers, who is the favorite of national and state Republicans.

Pensler has raised almost nothing from donors but self-funded at least $3 million so far this cycle, much as he's used his personal wealth to fund prior campaigns for office. His latest financial disclosure forms indicated a net worth of anywhere from $80 million to $116 million, so there may be many more campaign ads to come.

House

CA-16: Former San Jose Mayor Sam Liccardo has publicized an early April internal from Lake Research Partners that shows him leading Assemblyman Evan Low 36-26 in the all-Democratic general election.

Inside Elections' Jacob Rubashkin notes that another question from this poll surfaced weeks ago when it looked as though there would be a three-way contest. That configuration saw Liccardo with a smaller 26-21 advantage over Low as another Democrat, Santa Clara County Supervisor Joe Simitian, took 20%.

A former Liccardo staffer named Jonathan Padilla, unexpectedly requested a recount shortly after that survey was concluded, and it ultimately resulted in Simitian failing to advance.

IN-03: The hardline Club for Growth is airing a commercial targeting former Judge Wendy Davis ahead of Tuesday's GOP primary that she argues violates a new Indiana law by "dub[bing] together words and unrelated statements … to form a sentence that fits their absurd claims."

The audience hears Davis ostensibly saying, "In our government, we lack diversity of ethnicity, diversity of different religions. We don't have enough inclusion that I believe the constitution, still a living and breathing and living document, requires." Davis' campaign quickly responded by declaring that what appears to be a single statement was "spliced" together from an hour-long event, and that she was trying to get the spot taken off the air.

Davis also cited a bill GOP Gov. Eric Holcomb signed in March that requires a continuous disclaimer to be on screen during ads that are altered in a way that "conveys a materially inaccurate depiction of the individual’s speech, appearance, or conduct as recorded in the unaltered recording."

Davis is one of eight Republicans competing in the expensive primary to succeed Rep. Jim Banks, who is unopposed for the GOP's Senate nod, in the 3rd District, a longtime conservative stronghold in the Fort Wayne area. Her main intra-party rivals appear to be former Rep. Marlin Stutzman, who is Banks' immediate predecessor; wealthy businessman Tim Smith; and state Sen. Andy Zay.

The Club has spent about $510,000 on messaging against Davis and Smith. While the group has not endorsed anyone, it was close to Stutzman during his previous stint in Congress—though not close enough to rescue his ailing Senate campaign ahead of his landslide 2016 primary loss to fellow Rep. Todd Young.

However, the Club has been far outspent by two super PACs that do not want to see Stutzman back in the lower chamber. One of them, America Leads Action, is working to defeat hardline candidates who could pose a headache for the House leadership and has deployed $1.6 million to thwart his comeback.

Stutzman demonstrated during the 2010s he was exactly the type of Republican congressman that ALA doesn't want more of. Among other things, he infamously said during the 2013 government shutdown, "We're not going to be disrespected. We have to get something out of this. And I don't know what that even is."

A different group, Winning for Women, has spent another $1.1 million to promote Davis, who is the only woman in the race, and attack Stutzman.

The former congressman, though, has benefited from close to $700,000 in support from an array of groups tied to the House Freedom Caucus and Kentucky Sen. Rand Paul. Zay, meanwhile, has mostly gone ignored, except for $100,000 that a super PAC called Honest Hoosiers has expended on his behalf.

MI-08: VoteVets has endorsed businessman Matt Collier, a former Flint mayor who served in the Army, in the Aug. 6 Democratic primary for this competitive open seat.

MI-13: Freshman Rep. Shri Thanedar's campaign announced Tuesday it was challenging the signatures of former state Sen. Adam Hollier, who is his main opponent in the August Democratic primary, because it believes he failed to turn in the requisite 1,000 valid signatures. Among other things, Thanedar's team alleges that 85 of Hollier's signatures were forged.

The Detroit Free Press columnist Nancy Kaffer writes, "[I]t's hard to look at the signatures on nine of 10 petition pages provided to the Free Press by Thanedar and not conclude that they'd been written by the same person; that they're forgeries, and not very good ones, at that."

Kaffer also says that she noticed that one of those signatures ostensibly belonged to a Free Press colleague, Tresa Baldas, who responded, "That's not my signature." All of these questionable pages came from a single circulator named Londell Thomas, who did not respond to the paper's inquiry. Thanedar's team is asking election officials to throw out all petition pages from Thomas even if individual signatures aren't suspect on the basis that Thomas is a "Fradulent canvasser."

Hollier's team responded to questions about why Baldas' name was there by telling Kaffer, "Some issues have been brought to our attention related to a small number of the nomination signatures that were collected on behalf of our campaign." The campaign went on to express confidence that a "significant number of the challenges filed against our signatures are erroneous."

It's up to the elections commission in Wayne County, which makes up the entire 13th District, to decide on the validity of the challenged signatures, though its decision can be appealed to the Wayne County Circuit Court. Kaffer says the whole process may not be settled until early next month.

Forged signatures have ended the campaigns of several Michigan politicians. Republican Rep. Thad McCotter famously was thrown off the ballot in 2012 after his campaign handed in fraudulent signatures.

A decade later, five GOP candidates for governor, including nominal frontrunner James Craig, were similarly disqualified after they fell victim to a massive fraud scandal. McCotter remarked to Local 4 in response, "In the immortal words of Bill Clinton, ‘I feel your pain.'"

NC-13: Wealthy attorney Kelly Daughtry announced on Thursday that she was dropping out of the May 14 Republican primary runoff and endorsing her opponent, former federal prosecutor Brad Knott.

Before quitting the race, Daughtry had spent millions of her own money on her campaign, just as she did in her unsuccessful 2022 bid for the previous version of this seat. She took first place in the March primary with a 27-19 lead over Knott, but that was short of the 30% needed to avoid a runoff.

Daughtry released an internal poll giving her a 51-32 edge in early April, but Donald Trump endorsed Knott just days later, and Daughtry said upon her departure that Trump's involvement had foreclosed her path to victory.

Daughtry's exit virtually assures that Knott will win this seat and succeed retiring Democratic Rep. Wiley Nickel thanks to the GOP's new gerrymander. That new map transformed Nickel's swingy seat in Raleigh and its southern suburbs into a solidly red district comprised of exurbs and rural areas outside of Raleigh.

Although Knott is a first-time candidate, he has extensive connections to state Republicans. His brother, Tucker Knott, is chief of staff for Sen. Ted Budd, who endorsed the candidate after the first round of voting, and the Knott family also funded a super PAC that spent heavily on his behalf.

Daughtry is the second North Carolina Republican to bail on a House runoff this year. In March, former Rep. Mark Walker abandoned his bid for the open 6th District after Trump promised him a job on his presidential campaign, putting his Trump-endorsed opponent, lobbyist Addison McDowell, on a glide path to victory in another newly gerrymandered district.

NJ-08: A super PAC called America's Promise is spending $100,000 on a TV ad opposing Rep. Rob Menendez in the June 11 Democratic primary by linking him to his father, Sen. Bob Menendez, who will go on trial for corruption charges starting May 13. The younger Menendez has not been implicated in any of his father's alleged crimes, but the ad attacks him for defending his father, refusing to return campaign donations from the senator's PAC, and accepting contributions from corporate interests.

NV-03: Republican Gov. Joe Lombardo has endorsed wealthy music composer Marty O'Donnell for the GOP nomination to take on Democratic Rep. Susie Lee. As the Nevada Independent noted when O'Donnell joined the race two months ago, the first-time candidate is using some of the same consultants who helped Lombardo get elected governor in 2022.

O'Donnell faces a GOP field that includes former state Treasurer Dan Schwartz, former state Sen. Elizabeth Hegelian, and conservative columnist Drew Johnson, but Schwartz has a weak electoral history while the other two Republicans have struggled to raise money. Establishment Republicans began looking for a viable candidate after Assemblywoman Heidi Kasama dropped out in January to seek reelection, so Lombardo's endorsement is a sign that O'Donnell may now be their man.

VA-05: Bloomberg reports that American Patriots PAC has booked a hefty $3 million to help state Sen. John McGuire deny renomination to Rep. Bob Good, the Freedom Caucus chair who was one of the eight House Republicans who voted to end Kevin McCarthy's speakership last year. Good also infuriated Donald Trump's network last year by endorsing Florida Gov. Ron DeSantis' White House bid, but Trump himself has not yet taken sides.

The reservation from American Patriots PAC, which is funded by Republican megadonors Ken Griffin and Paul Singer, represents by far the largest planned expenditure in what's already an expensive June 18 primary for Virginia's 5th Congressional District. This constituency, which stretches from the Charlottesville area to western Southside Virginia, backed Trump 53-45, so the GOP nominee will be favored in November.

A new super PAC called Virginians for Freedom has already deployed almost $500,000 to make sure that McGuire is that nominee. The group has received funding from the American Prosperity Alliance, which is run by McCarthy allies looking to punish the Republicans who deposed him.

On top of that, the Republican Main Street Partnership, an organization devoted to stopping Republicans who like to cause grief for party leaders, previously told the New York Times it planned to spend $500,000 to end Good's career, though the FEC doesn't yet record any independent expenditures from the PAC.

While Main Street Partnership for decades had a reputation for supporting moderate Republicans, it's shown a willingness in recent years to back election deniers like McGuire, who attended the Jan. 6 Donald Trump rally that preceded the attack on the Capitol.

But Good, who himself is an ardent Big Lie believer, still has some well-heeled allies. Protect Freedom PAC, which is affiliated with Kentucky Sen. Rand Paul, has spent close to $500,000 on messaging promoting the incumbent as "the true constitutional conservative." Yet even though Good runs the Freedom Caucus, its political arm has laid out less than $100,000 to protect its chief. The organization has a history of spending large sums in races it cares about, though, and there's still time to pour in more resources.

Perhaps the biggest question still looming over the race, however, is whether the GOP's supreme leader will eventually get involved and punish Good for his disloyalty. Trump campaign manager Chris LaCivita previewed trouble to come back in January when he told Cardinal News, "Bob Good won’t be electable when we get done with him."

Over the ensuing months, Trump has targeted two other disloyal House members, Florida Rep. Laurel Lee and Washington Rep. Dan Newhouse, but he hasn't gone after Good—yet. Many of Good's GOP colleagues, however, would be quite happy if Trump eventually took out his wrath on this apostate.

Six sitting House members, including Virginia Rep. Jen Kiggans and House Armed Services Chair Mike Rogers of Alabama, hosted a fundraiser for McGuire in March. Texas Rep. Tony Gonzales, meanwhile, made his hatred of Good known to a national audience last month when he went on CNN and took the Freedom Caucus chair to task for endorsing gun maker Brandon Herrera, who is Gonzales' opponent in the May 28 GOP runoff.

"Bob Good endorsed my opponent, a known neo-Nazi," the Texan declared, adding, "These people used to walk around with white hoods at night; now they’re walking around with white hoods in the daytime." (Herrera, who has made jokes about Nazis and the Holocaust, tweeted Sunday, "This should be obvious, but I am not, nor have I never been a neo-Nazi.")

Good, meanwhile, made news last month when he endorsed former West Virginia Del. Derrick Evans, who served 90 days in prison for his participation in the Jan. 6 riot, in his May 14 GOP primary challenge to Rep. Carol Miller. That move came after House Speaker Mike Johnson told CNN he was "vehemently opposed to member-on-member action in primaries," an admonition his caucus seems to have completely ignored.

Ballot Measures

SD Ballot: Abortion rights advocates in South Dakota announced Wednesday they'd submitted about 55,000 signatures to put a constitutional amendment before voters that would end the state's near-total ban on abortion, which is about 20,000 more than the minimum. Election officials have until Aug. 13 to verify that organizers submitted at least 35,017 valid signatures to place this amendment on the Nov. 5 ballot, where it would need a simple majority to pass.

The proposal would specifically bar the state from imposing regulations on abortion access during the first trimester of pregnancy. It also establishes that during the second trimester, "the State may regulate the pregnant woman's abortion decision and its effectuation only in ways that are reasonably related to the physical health of the pregnant woman." For the final trimester, the state would be permitted to retain the status quo.

Several pro-choice groups have taken issue with what they've argued is a weak amendment. The state branch of the American Civil Liberties Union put out a statement claiming the proposal "does not have the strongest legal standard by which a court must evaluate restrictions on abortion, and thereby runs the risk of establishing a right to abortion in name only." The regional Planned Parenthood affiliate has likewise declined to endorse the campaign.

Judges

LA Redistricting: Republican Gov. Jeff Landry has signed a bipartisan bill that revamps Louisiana's Supreme Court districts to create a second majority-Black district, the first redraw since earlier litigation prompted lawmakers to pass the current map in 1997. Louisiana is roughly one-third Black, but only one of the current seven districts, the New Orleans-based 7th, enables Black voters to elect their preferred candidate.

The new map creates a 2nd District that unites Baton Rouge with parishes along the Mississippi border and parts of central Louisiana. It replaces a majority-white and solidly Republican seat with a 55% Black district that would have favored Joe Biden 60-39 in 2020, according to VEST data from Dave's Redistricting App. Republican Justice Scott Crichton, who is white, isn't seeking reelection, and a Black Democrat will likely win this fall's contest to succeed him.

Landry and his fellow Republicans supported the new map to bring costly litigation to an end, an approach similar to the one they took when they redrew the state's congressional map earlier this year. However, a federal court overturned that map earlier this week for relying excessively on race. The new Supreme Court map could likewise be vulnerable to a lawsuit given the similarities of some districts, though an alternative map with a pair of more compact majority-Black districts is possible.

Mayors & County Leaders

Baltimore, MD Mayor: Former federal prosecutor Thiru Vignarajah announced Wednesday that he was dropping out of the May 14 Democratic primary and endorsing former Mayor Sheila Dixon.

Vignarajah, whose name will remain on the ballot, took a distant third place in a pair of independent surveys conducted in April, but his departure could help Dixon consolidate support against incumbent Brandon Scott. It only takes a simple plurality to win the Democratic nomination, which is tantamount to election in this loyally blue city, and a large number of lesser-known candidates remain in the race.

Other Races

Miami-Dade, FL Elections Supervisor: Donald Trump on Tuesday night endorsed Republican state Rep. Alina Garcia, who is campaigning to be the top elections administrator for Florida's most populous county. But when asked about Trump's many election lies the follow day, Garcia declined to push back.

"In reference to the 2020 elections, I can only speak to how the elections were conducted in Florida and in Miami-Dade County, which were fair, transparent and the results reported timely," she told the Miami Herald's Douglas Hanks. Garcia previously told the paper that, while she believed most elections were "fair," many "don’t always feel that they’re fair, and perception is very important."

Garcia, who already had Sen. Marco Rubio's backing, faces attorney Megan Pearl in the Aug. 20 GOP primary, while attorney J.C. Planas has the Democratic side to himself. The field may not be set, though, because the deadline to run for county office in Florida doesn't pass until June 14. (Last Friday was the deadline to run for Congress and most other offices.)

The job this trio is seeking is currently held by an appointed incumbent, Christina White, a Democrat who unexpectedly announced last year that she would not run for a full term.

In 2018, Florida voters passed a constitutional amendment that requires every county to elect rather than appoint certain officers, including election supervisors, and 2024 is the first time that Miami-Dade County voters will pick their elections chief. (The post was previously filled by the county mayor.)

Last week, Trump also took sides in the primary for sheriff by backing Rosie Cordero-Stutz, an official with the Miami-Dade Police Department. Hanks earlier this week reported that Trump decided to support Cordero-Stutz after an April 7 meeting at his Doral compound during a golf tournament.

Trump also reportedly also told another local politician in attendance that she could call on him if she wanted his endorsement. But Doral City Council member Maureen Porras demurred, and not just because she's a Democrat.

"I said, ‘Well, thank you very much, but I’m not up for election,'" she recounted to Hanks. Porras is up again in 2026.

VA-LG: Democratic state Sen. Ghazala Hashmi announced Thursday that she would seek the post held by Lt. Gov. Winsome Earle-Sears, a Republican whom local political observers anticipate will run for governor next year rather than seek reelection.

Hashmi, who immigrated from India as a child, won her current office in 2019 by unseating Republican state Sen. Glen Sturtevant 54-46 in a closely watched race in the Richmond area. That victory, which helped Democrats retake the state Senate, made Hashmi the first Muslim to serve in the upper chamber, as well as the first Muslim woman in the entire legislature.

Following the most recent round of redistricting, Hashmi's district was made safer, and she easily earned reelection last year as Sturtevant returned in a different seat. Because the entire 40-member state Senate won't be up against until 2027, Hashmi won't need to give up her current job in order to run next year.

Hashmi joins a primary that includes Prince William County School Board Chairman Babur Lateef, fellow state Sen. Aaron Rouse, and Richmond Mayor Levar Stoney. The lieutenant governor serves as the tiebreaker in the state Senate, where Hashmi and Rouse are part of a narrow 21-19 Democratic majority.

Ad Roundup

Campaign Action