Morning Digest: Oregon Republicans threatens suit to overturn election results because of attack ad

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. Click here to subscribe.

Leading Off

OR-06: Here's something you don't see often—or ever: Republican Mike Erickson released an internal poll showing him leading his Democratic opponent, Andrea Salinas, the very same day that he filed a lawsuit demanding Salinas take down an attack ad by citing a law that he recently threatened to use to overturn the election should he lose.

To pick apart this strange turn of events, we'll start with Erickson's survey from Cygnal, which shows him beating Salinas 44-39 in Oregon's brand new 6th District, a seat Joe Biden would have taken 55-42. The last polls we saw out of this district, which is based in the Salem area and Portland's southwestern suburbs, were both from mid-August: The GOP firm Clout Research gave Erickson an even larger 43-34 advantage, while a GBAO internal for Salinas had her up 48-45.

Despite these optimistic numbers for Republicans, however, both the Congressional Leadership Fund and the NRCC have so far avoided spending here, even though their opponents at the DCCC and House Majority PAC have together dropped over $1.4 million. Given the district's lean, it's exceedingly unlikely that the GOP's two biggest House groups have steered clear of this race because they feel supremely confident, especially since a conservative organization called Take Back Oregon PAC just launched a $300,000 TV buy this week.

Salinas' side has run several commercials focusing both on allegations that Erickson paid for a girlfriend to have an abortion in 2000—years before Herschel Walker did the same—as well as stories around his 2016 arrest. The latter is the focus of his new lawsuit and a cease and desist notice he recently sent to Salinas. In that letter, Erickson threatened to invoke a state law that the Oregon Capitol Chronicle writes "prohibits knowingly making false statements about a candidate, political committee or ballot measure."

Reporter Julia Shumway explains, "If a judge determines that a candidate made a false statement that cost their opponent an election, the law states that the candidate will be removed as a nominee or elected official." But she adds, "Over several decades, Oregon courts have interpreted that law to exclude opinions or statements that could reasonably be interpreted as true." It's also not clear whether this law has ever been successfully employed to reverse the results of an election, and Erickson's attorney, Jill Gibson, cited no such examples in her letter.

In his newly filed lawsuit, Erickson didn't actually present any demands regarding overturning the upcoming election but instead asked a state court to order Salinas to stop airing the ads in question and "to retract the false statements by airing correction advertisements with the same frequency and broadcast location as the false advertisements." He is also seeking $800,000 in monetary damages, which he claims would cover the cost of "commercials to correct the false statements."

The complaint insists that Salinas' ads are "false" because Erickson "has never been charged with illegal possession of drug." To that end, Gibson's letter cited a recent story from The Oregonian in which Hood River County District Attorney Carrie Rasmussen said that the court documents that those allegations came from were incorrect.

Instead, Erickson's attorney from that case, Tara Lawrence, insisted that she'd made a "mistake" by filing a plea agreement stating that the Rasmussen's office had "agreed to dismiss felony possession of controlled substance upon tender of guilty plea." An attorney for Salinas, however, cited that very statement in support of the ad's truthfulness in a letter and argued that "a charge is a charge, whether or not the DA files it."

Before Erickson filed his lawsuit, Salinas' campaign shrugged off his threats, saying in a statement, "Mike Erickson's threats to overturn the election if he doesn't win should raise major concerns for Oregonians who cherish democracy."

The Downballot

After an eruption of even more scandals among Republican Senate candidates, FiveThirtyEight's Nathaniel Rakich returns to The Downballot this week to discuss the effect these sorts of scandals can have on competitive races; whether Democrats stand a chance to keep the House; and the different ways pollsters create likely voter models.

Co-host David Beard and guest host Joe Sudbay also discuss Dr. Oz, puppy killer; the GOP's hypocrisy regarding Herschel Walker's ever-growing list of scandals; Texas Attorney General Ken Paxton’s desperate attempts to avoid testifying in an abortion case; and Brazil's presidential runoff, where former President Luiz Inacio Lula de Silva remains the favorite despite far-right incumbent Jair Bolsonaro's better-than-expected first-round showing.

Please subscribe to The Downballot on Apple Podcasts or wherever you listen to podcasts. You can also find a transcript for this week's episode right here.

3Q Fundraising

  • CO-Sen: Joe O'Dea (R): $2 million raised, additional $1 million self-funded
  • GA-Sen: Herschel Walker (R): $12 million raised, $7 million cash-on-hand
  • OH-Sen: Tim Ryan (D): $17.2 million raised
  • PA-Sen: John Fetterman (D): $22 million raised
  • WI-Sen: Mandela Barnes (D): $20 million raised
  • GA-Gov: Brian Kemp (R-inc): $29 million raised, $15.4 million cash-on-hand
  • OH-Gov: Mike DeWine (R-inc): $1.5 million raised (in September), $12.5 cash-on-hand; Nan Whaley (D): $1.2 million raised (in September), $3.9 million cash-on-hand
  • CA-22: Rudy Salas (D): $1.2 million raised
  • CO-08: Yadira Caraveo (D): $1.5 million raised, $550,000 cash-on-hand
  • FL-15: Alan Cohn (D): $400,000 raised
  • IA-02: Ashley Hinson (R-inc): $1.25 million raised, $1.7 million cash-on-hand
  • IL-17: Eric Sorensen (D): $1.5 million raised
  • MT-01: Monica Tranel (D): $1.1 million raised
  • NH-02: Annie Kuster (D-inc): $1 million raised, $2.6 million cash-on-hand
  • NM-02: Gabe Vasquez (D): $1.55 million raised
  • NY-18: Pat Ryan (D-inc): $2.25 million raised, $600,000 cash-on-hand; Colin Schmitt (R): $500,000 raised, $500,000 cash-on-hand
  • PA-17: Chris Deluzio (D): $1.4 million raised
  • VA-02: Jen Kiggans (R): $1 million raised
  • VA-07: Abigail Spanberger (D-inc): $2.2 million raised

Senate

CO-Sen: Ron Hanks, a far-right state representative who lost the June Republican primary to Joe O'Dea 54-46, announced this week that he was endorsing Libertarian Brian Peotter as "the only conservative on the ballot." Hanks made it clear exactly what he thought of his former intra-party rival in his statement, declaring, "There is only a fake Republican, a pay-to-play opportunist with no conservative values or agenda. He merits no support, and he's not likely to get much." Hanks added, "Let the COGOP know we will have a party with conservative principles, not squishy candidates with a power fetish."

GA-Sen: While Republican Herschel Walker has spent days insisting that he did he not pay for his then-girlfriend to have an abortion in 2009 and that he also doesn't know who his accuser could be, the Daily Beast reported Wednesday night that the woman in question had a child with Walker a few years after her abortion. The woman, whose identity the publication has withheld, said of Walker's denials, "Sure, I was stunned, but I guess it also doesn't shock me, that maybe there are just so many of us that he truly doesn't remember." She continued, "But then again, if he really forgot about it, that says something, too."

The next day, Walker held a press conference where he again denied that he even knew who this woman was. However, the Daily Beast further reported that back in June, when the site first broke the news that Walker was father to three previously undisclosed children, the candidate himself had confirmed she was the mother of one of them.

Just before these latest developments, Walker released an ad against Democratic Sen. Raphael Warnock that played footage of a Democratic commercial focused on reports that the Republican had threatened to kill his ex-wife. "As everyone knows, I had a real battle with mental health—even wrote a book about it," Walker declared. CNN's Andrew Kaczynski quickly noted that this spot, which was aired "presumably in response to Daily Beast story," mentioned Walker's 2008 memoir, which was published the year before the candidate allegedly paid for the abortion.

NC-Sen: NBC reports that Senate Majority PAC has booked an additional $4 million to help Democrat Cheri Beasley, a move that will bring its total spending here to $10.5 million. The reservation comes at a time when Republican outside groups have been deploying considerably more money here than Democrats: While Politico reported Tuesday that Beasley has outspent Republican Ted Budd by $9 million in advertising, data from OpenSecrets shows that Budd's super PAC allies have outpaced Beasley’s supporters $34.9 million to $7.8 million.

NE-Sen: Nebraska Sen. Ben Sasse announced on Thursday that he would resign to become president of the University of Florida, which has named the Republican as the sole finalist for the post. Multiple media outlets report that Sasse's departure will occur before the end of the year, which would allow Republican Gov. Pete Ricketts, who will leave office in early 2023, to appoint a successor. The Nebraska Examiner says that a special election would take place for the final two years of Sasse's term in 2024, when fellow GOP Sen. Deb Fischer will also be up.

Sasse held the post of president of Midland University in Nebraska when he entered the 2014 primary to succeed Sen. Mike Johanns, a fellow Republican who unexpectedly decided to retire after one term. Sasse had the backing of the deep-pocketed Club for Growth but still looked like the underdog for most of his campaign against former state Treasurer Shane Osborn, a retired Navy pilot who was detained by China in 2001 after his plane collided with a Chinese fighter.

Osborn's bid, however, began to fall apart weeks before the primary after the media reported that he'd distributed a bogus Navy memo to defend his decision to land in China. Sasse soon pulled ahead in the polls, while his allies took action late in the campaign to stop a third contender, wealthy banking executive Sid Dinsdale, from sneaking through. Ultimately, Sasse beat Dinsdale by a convincing 49-22 margin, and he easily won the general election in this red state.

The new senator became a media favorite in D.C., especially after he emerged as a loud Donald Trump critic during the 2016 campaign, saying at one point that "if the Republican Party becomes the party of David Duke, Donald Trump, I'm out." Sasse, though, was anything but out after Trump took the White House, and while he still vocally trashed him at times, the senator nevertheless loyally voted the administration's way.

There was talk in 2020 that Sasse could be on the receiving end of a Trump-inspired primary challenge, but no one serious emerged even before Trump himself endorsed the incumbent. Sasse had no trouble winning a second term, though he went on to become one of seven Senate Republicans to vote to convict Trump the next year following his second impeachment. The Nebraskan, though, still voted the party line on all other major issues.

UT-Sen: Put Utah First, a group funded by Democratic megadonor Reid Hoffman, has dropped another $900,000 to aid conservative independent Evan McMullin, which takes its total investment here to $2.65 million.

Polls:

  • AZ-Sen: SSRS for CNN: Mark Kelly (D-inc): 51, Blake Masters (R): 45
  • IA-Sen: Cygnal (R) for Iowans for Tax Relief: Chuck Grassley (R-inc): 54, Mike Franken (D): 40 (July: 52-43 Grassley)
  • NV-Sen: SSRS for CNN: Adam Laxalt (R): 48, Catherine Cortez Masto (D-inc): 46

Governors

OR-Gov: Republican Christine Drazan has debuted a commercial accusing Democrat Tina Kotek of blocking an investigation into sexual abuse allegations, but The Oregonian's Jamie Goldberg writes, "Even by the traditionally loosened standards for political ads, that assertion is untrue, according to independent investigations and news reports."

Drazan's commercial declares that as speaker of the state House, Kotek "blocked an investigation into repeated sexual abuse because she was worried about how it would make her look." The complaints in question were about Republican Jeff Kruse—a member of the state Senate, not the state House. Unsurpirsingly, the speaker noted after the allegations became public that she had no influence over members of the upper chamber and said she did not have knowledge of the complaints against Kruse.

Goldberg writes, "No subsequent news reporting has showed Kotek covered up sexual abuse, although she did provide privacy to some victims who spoke up after 2018 to allege harassment by House members." The speaker was one of several lawmakers who initially refused to comply when the state Labor Bureau issued subpoenas after legislative attorneys argued the requests documents could reveal the identity of Kruse's accusers, but Goldberg says that a court order ultimately led Kotek and others to comply.

Polls:

  • AZ-Gov: SSRS for CNN: Katie Hobbs (D): 49, Kari Lake (R): 46
  • IA-Gov: Cygnal (R) for Iowans for Tax Relief: Kim Reynolds (R-inc): 59, Deidre DeJear (D): 38 (July: 56-41 Reynolds)
  • MN-Gov: SurveyUSA for KSTP: Tim Walz (D-inc): 50, Scott Jensen (R): 40 (Sept.: 51-33 Walz)
  • NV-Gov: SSRS for CNN: Joe Lombardo (R): 48, Steve Sisolak (D-inc): 46

House

FL-13: Progress Pinellas has dropped another $2.2 million to support Democrat Eric Lynn, which takes its total investment here to $6.7 million. The Tampa Bay Times reported in April that the group is funded by hedge fund manager Justin Ishbia, a Lynn cousin who usually contributes to Republicans.

MI-07: The Congressional Leadership Fund is running a new ad attacking Democratic Rep. Elissa Slotkin over recent reports that she’s been leasing a condo from a donor named Jerry Hollister, who serves as director of government relations for a medical manufacturing company called Niowave. CLF cites a Detroit News story noting that Slotkin had signed a 2020 letter supporting a Department of Energy program that awarded a total of $28 million to Niowave in 2019 and 2021, which the narrator suggests is "shady."

Slotkin's campaign responded to the initial stories by noting that she never mentioned Niowave in that missive, and that the Republican she defeated in 2018, Rep. Mike Bishop, had previously signed a similar letter. Her team declared the congresswoman had "never done anything in Congress that inappropriately benefits his company" and that she was "paying market rate rent to a landlord, just like thousands of mid-Michiganders."

MN-02: The Minnesota Reformer's Deena Winter reported Wednesday that, while Republican Tyler Kistner spent his unsuccessful 2020 campaign suggesting that he'd been in combat, Marine records show that was never the case. Winter notes that Kistner, who is again the GOP nominee, would have received a combat action ribbon had he seen battle, which he's acknowledged he doesn't have.

Two years ago, Kistner was facing off against several fellow Republicans, including Air Force veteran Erika Cashin, ahead of the GOP party convention, where Minnesota nominations are often decided. Kistner said at the time he couldn't turn over documents about his service, but he declared in the lead up to the gathering that he'd put the enemy "six feet under" and had "been on the wrong end of a loaded weapon." The candidate also referenced the wars in Iraq and Afghanistan and said, "I've been in such conflicts."

Cashin said in response at the time, "Tyler Kistner has said he is 'the most decorated military member in this race,' and has made multiple statements needing clarification." She also challenged him to release his records, arguing, "Tyler can put these questions to rest by simply releasing his DD 214 and proving what he has said is true." Kistner, though, won the party endorsement without publicizing those documents, and Cashin and his other foes dropped out afterwards rather than go on to the primary. Kistner ultimately lost the general election to Democratic Rep. Angie Craig 48-46.

The Congressional Leadership Fund, which is backing Kistner's second bid to unseat Craig, had been airing an ad saying he'd been in "four combat deployments." The progressive group VoteVets, though, asked stations to take down these spots because Kistner had actually served in Japan and Korea, which are not combat zones. CLF, for its part, claims it distributed an "incorrect version of the ad and fixed it ourselves on the same day."

A Kistner consultant named Billy Grant insisted his client had never lied during the 2020 race. Grant told Winter that the "six feet under" line referred to an operation where a "partner force effectively killed more than eight violent extremist organizations in the North African region," where Kistner helped coordinate the evacuation of seven injured soldiers. Grant also argues that Kistner had been telling the truth about being on the "wrong end of a loaded weapon" because he'd gotten into an argument with an allied commander who had pulled a gun on him before the matter was resolved.

NY-11, NY-19: Siena College is out with a pair of surveys for Spectrum News giving each party the lead in a New York House contest.

Over in the 11th District, which includes all of Staten Island and a portion of Brooklyn, freshman Republican Rep. Nicole Malliotakis enjoys a 49-43 edge in her rematch against Democrat Max Rose. The sample also finds Republican Lee Zeldin with a small 46-42 advantage against Democratic Gov. Kathy Hochul in a constituency Trump would have taken 53-46.

In the Hudson Valley-based 19th, meanwhile, Siena has Democrat Josh Riley beating Republican Marc Molinaro 46-41. The school also finds Zeldin ahead 46-45 in this swingy turf, which would have backed Biden 51-47.

Attorneys General & Secretaries of State

AZ-SoS, NV-SoS: SSRS, polling for CNN, finds election deniers with small leads in a pair of secretary of state races taking place in crucial swing states. Mark Finchem posts a 49-45 edge over Democrat Adrian Fontes in Arizona, while fellow Republican Jim Marchant enjoys a similar 46-43 edge against Cisco Aguilar in Nevada. Last week, the progressive group End Citizens United released internals from GSG showing Fontes ahead 46-44. Fontes is also getting some new outside support, as CNN reports that the Democratic organization iVote will spend $5 million to aid him.

IA-AG: The Republican firm Cygnal's new survey for the conservative Iowans for Tax Relief shows Republican Brenna Bird outpacing longtime Democratic Attorney General Tom Miller 46-43. Back in July, Cygnal found Miller, who is seeking a historic 11th term, ahead by a narrow 45-44 margin.

IN-SoS: IndyPolitics.com recently published a story in which two women charged that Diego Morales, who is the Republican nominee for secretary of state, sexually harassed and groped them. One said the incident took place in 2007, while the other said her encounter with Morales took place a few years later. Morales soon put out a statement saying, "The claims being made against me are false and I unequivocally deny all of them." He faces Democrat Destiny Wells in November.

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Morning Digest: Court puts Georgia utility board races on hold, finding they harm Black voters

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.

Subscribe to The Downballot, our weekly podcast

Leading Off

GA Public Service Commission: On Friday, a federal district court ruled that Georgia's system of electing all five members of the Public Service Commission in statewide elections violates the Voting Rights Act by diluting the power of Black voters. The court further blocked officials from holding elections for two seats that were supposed to be on the ballot this fall.

Republican state Attorney General Chris Carr has yet to indicate whether he will appeal, but if the ruling stands, the elections will be postponed until the state's GOP-controlled legislature enacts a new district-based system next year so that Black voters have a chance to elect their chosen candidates in at least some seats.

Although members of the commission, which regulates public utilities, must seek one of the body's five districts (and live there), all voters statewide get to vote for every seat. The plaintiffs pointed out that only one Black candidate, Democrat David Burgess in 2000, has ever won an election for the commission in its 143 year history. All five current commissioners are Republicans, none of whom was the favored candidate of Black voters (the commission's sole Black member, Fitz Johnson, was appointed by Republican Gov. Brian Kemp in 2021 and wasn't set to face the voters until this November).

While adopting district-based elections could empower Black voters if a map is fairly drawn, a switch could backfire if Republican legislators are still allowed to gerrymander the lines. GOP lawmakers enacted new commission districts earlier this year that packed Black voters into just one of the five districts while every other seat was at least 58% white and no more than 36% Black.

Republicans consequently would have carried four districts in every recent statewide election, even those they've lost. In fact, Donald Trump would have won a majority of the districts in 2020 by at least 15 points despite losing narrowly overall. It's not clear why Republicans aggressively gerrymandered the new map since district-level elections were not in the offing until the court's ruling, but it's possible GOP leaders anticipated they'd lose this suit.

Senate

CT-Sen: Donald Trump on Thursday evening endorsed his former ambassador to Chile, Leora Levy, days ahead of the GOP primary to take on Democratic incumbent Richard Blumenthal. Trump initially made his proclamation by calling Levy's phone while she was attending a party gathering along with her two intra-party rivals, former state House Minority Leader Themis Klarides and Peter Lumaj. (Levy broadcast his voice through the P.A.) He later put out a statement calling Klarides, who has long been a GOP rising star, "Weak on Crime, Weak on our Military and Vets, and will not be protecting our under siege Second Amendment."

PA-Sen: Democrat John Fetterman has announced that he will hold a rally in Erie on Aug. 12, which will be his first since his May stroke.

Governors

FL-Gov: Agriculture Commissioner Nikki Fried recently aired a spot faulting Rep. Charlie Crist for appointing an "anti-choice extremist" to the state Supreme Court when he was Florida's Republican governor, and Crist has launched a response ad ahead of their Aug. 23 Democratic primary. “The truth: I vetoed anti-abortion legislation to protect your right to choose,” the congressman tells the audience, adding, “Nikki knows I fought for your right to choose.”

In a separate commercial, Crist’s narrator declares that Fried was “close pals with accused sex trafficker [Rep.] Matt Gaetz.” Politico writes that Fried became friends with Gaetz when he was in the state House and she lobbied for the state’s medical marijuana industry, but she says the two are no longer in contact.

KY-Gov: Secretary of State Michael Adams announced Friday that he would run for re-election next year rather than seek the Republican nomination for governor or attorney general.

MI-Gov: NBC reports that the anti-abortion group Right to Life Michigan has reserved $7.8 million in ad time to defeat Democratic Gov. Gretchen Whitmer. Voters in November will also likely decide on a constitutional amendment that would guarantee the right to an abortion.

MS-Gov: State House Speaker Philip Gunn has publicly acknowledged that he's considering waging a 2023 primary bid against Republican Gov. Tate Reeves, saying he is in "constant evaluation" about what to do. Magnolia State politicos have been talking about a potential Gunn campaign for over a year, but Mississippi Today writes, "In recent weeks, though, those rumors have cooled off."

House

FL-04: St. Pete Polls' new survey for Florida Politics gives state Sen. Aaron Bean a hefty 59-16 lead over Erick Aguilar, a Navy veteran who made news last month for getting ejected from the GOP fundraising platform WinRed, in the Aug. 23 primary.

MN-05: Minnesota Public Radio reports that a newly established group called Make A Difference MN 05 has launched a $350,000 TV buy to aid former Minneapolis City Council member Don Samuels in his Tuesday primary battle against Democratic Rep. Ilhan Omar.

prosecutors

Shelby County, TN District Attorney: Democrats scored a pickup on Thursday in Tennessee's most populous county when former Shelby County Commissioner Steve Mulroy won an eight-year term by unseating Republican incumbent Amy Weirich 56-44.

Shelby County, which is home to Memphis and several of its suburbs, has long been a Democratic bastion in what's become a very red state. However, Weirich, who was appointed by then-Gov. Bill Haslam in 2011, easily won 65-35 in 2014 the last time she was on the ballot. The district attorney, though, made international headlines over the last year by prosecuting a woman with a felony conviction named Pamela Moses for attempting to vote.

As Daniel Nichanian writes in Bolts, Moses, who was also waging a longshot 2019 bid for mayor of Memphis, did not know that the state had permanently banned her from casting a ballot, and her probation officer had mistakenly signed a certificate of restoration to vote. (Moses, who is Black, resides in a state where one in five Black adults cannot vote because of a felony conviction.)

The district attorney's office last year successfully convicted Moses after arguing that she had known she wasn't eligible to vote; Judge Mark Ward sentenced her to six years in prison, declaring, "You tricked the probation department into giving you documents saying you were off probation." However, that wasn't the end of the story.

The Guardian reported earlier this year that the state had learned that Moses had been given wrong instructions about her voting rights days after her certificate was signed. The judge ordered a new trial after this information came to light, but Weirich ultimately decided to dismiss the charges; the district attorney argued that the blame lay with the Tennessee Department of Correction and that her office wasn't at fault. Moses, who still cannot vote, told Bolts afterwards that she believed she'd been prosecuted because of her race and political activism and added, "I think that the goal was to scare people, but it could boomerang."

Mulroy was determined that it would, arguing, "Overcharging and overreach is a theme with this prosecutor and has been for many years." He also faulted Weirich for advocating for a 2014 law that would make it a misdemeanor assault to use drugs while pregnant, saying that it showed how she'd behave once the state banned abortion. (The legislation was not renewed in 2016.)

However, while Shelby County supported Joe Biden 64-30, it was far from certain that enough Democratic voters would show up during the statewide primary to oust their Republican district attorney. In 2014, when Weirich was turning in a landslide victory, approximately 52% of the county's electorate cast a ballot in the GOP primary when Republicans had a competitive Senate primary.

This year, though, neither party had a high-profile statewide primary contest to draw out voters. Ultimately, 63% of Shelby County's voters participated in the Democratic primary for governor, and the bluer electorate helped Mulroy prevail. Ward, the judge who sentenced Moses, also narrowly went down in defeat as well.

Election Result Recaps

AZ-Gov: The Associated Press has called Tuesday's Republican primary for Kari Lake, a former local TV anchor turned far-right conspiracy theorist. The Trump-backed Lake leads Board of Regents member Karrin Taylor Robson, who had the support of termed-out Gov. Doug Ducey, 47-43. Lake, whom Ducey said weeks ago was "misleading voters with no evidence," will go up against Democratic Secretary of State Katie Hobbs.

 AZ-04: The AP has also projected that self-funding restaurant owner Kelly Cooper has defeated former Arizona Bankers Association president Tanya Wheeless, who had the backing of the Congressional Leadership Fund, for the right to take on Democratic Rep. Greg Stanton. Wheeless benefited from $1.5 million in outside support, but she trails Cooper 28-25​. Biden would have carried the new 4th District 54-44, while he took Stanton’s existing 9th 61-37.

TN-05: Maury County Mayor Andy Ogles won Thursday's Republican primary for this newly-gerrymandered seat by defeating former state House Speaker Beth Harwell 37-26. Ogles, who is a former state director for the Koch network's Americans for Prosperity, benefited from spending from groups affiliated with the Club for Growth; the mayor celebrated his win by declaring, "Liberals, we're coming for you."

Ogles will face Democratic state Sen. Heidi Campbell in the fall in a seat the GOP did everything it could to flip. Democratic Rep. Jim Cooper decided to retire here after the GOP legislature transmuted his seat from a 60-37 Biden district to a 54-43 Trump constituency by cracking the city of Nashville.

 WA-04: The AP has called a general election matchup between incumbent Dan Newhouse and Democrat Doug White, which makes Newhouse the first House Republican to beat a Trump-endorsed intra-party foe after supporting impeachment. (California Rep. David Valadao made it through his own June top-two primary, but Trump did not take sides in that one.) Newhouse is in first with 26%, while White leads 2020 Republican gubernatorial nominee Loren Culp 25-21 for second. Trump would have taken this eastern Washington seat 57-40.

WA-08: Both 2020 nominee Jesse Jensen and King County Councilmember Reagan Dunn conceded Tuesday's top-two primary to their fellow Republican, 2020 attorney general nominee Matt Larkin, shortly before the AP called the race. Democratic Rep. Kim Schrier was at 48% of the vote on Sunday evening while Larkin led Dunn 17-15; Jensen was in fourth with 13%. Biden would have carried this suburban Seattle constituency 52-45.

AZ-SoS: The Associated Press has called the Democratic primary for former Maricopa County Recorder Adrian Fontes, who leads House Minority Leader Reginald Bolding 53-47. Fontes will go up against Republican state Rep. Mark Finchem, a QAnon supporter who led the failed effort to overturn Biden's victory and attended the Jan. 6 rally just ahead of the attack on the Capitol.

Ad Roundup

Morning Digest: Abortion rights supporters win massive victory at the ballot box in Kansas

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.

Leading Off

 KS Ballot: Abortion rights supporters won a resounding victory in deep-red Kansas on Tuesday night, sending an amendment that would have stripped the right to an abortion from the state constitution down to defeat in a 59-41 landslide.

Republican lawmakers placed the initiative on the ballot in January of last year in response to a 2019 decision by the state Supreme Court that overturned legislation banning an abortion procedure known as dilation and evacuation. In their ruling, a majority concluded that the state constitution protects "the right of personal autonomy," which includes "whether to continue a pregnancy." Only restrictions that "further a compelling government interest" and are "narrowly tailored to that interest" would pass muster, said the justices. The ban in question did not, and so more aggressive restrictions would not as well.

That infuriated Republicans, who were eager to clamp down on abortion if not ban it outright. They therefore drafted misleading language that would undo this ruling by amending the constitution. "Because Kansans value both women and children," the amendment superfluously began, "the constitution of the state of Kansas does not require government funding of abortion and does not create or secure a right to abortion"—even though the Supreme Court case had no bearing on such funding.

The accompanying explanatory text was also heavily tilted to the "Yes" side, saying that a "No" vote "could restrict the people, through their elected state legislators, from regulating abortion by leaving in place the recently recognized right to abortion."

Republicans further sought to tilt the scales in their favor by scheduling the vote to coincide with the state's August primary, almost certainly expecting light mid-summer turnout that would favor their side. That emphatically did not come to pass. Remarkably, the total vote on the abortion amendment was 25% greater than the combined tally in both parties' primaries for governor, meaning at least 150,000 voters showed up just to vote on the ballot measure.

In the state's most populous county, Johnson County in the Kansas City suburbs, at least 243,000 voters participated in the vote on the amendment, 90% of the turnout of the hotly contested general election for governor in 2018. What's more, the "No" side demonstrated considerable crossover appeal: While Democrat Laura Kelly carried Johnson 55-38 four years ago, the pro-abortion position prevailed by a far wider 68-32 margin on Tuesday.

A similar phenomenon repeated itself across the state, even in deeply conservative Sedgwick County, home to Wichita—the longtime headquarters of the anti-abortion terrorist group Operation Rescue and the city where abortion provider George Tiller was assassinated in 2009 while leaving church. Donald Trump won Sedgwick 54-43 in 2020, but "No" also won, 58-42.

Both sides spent heavily, about $6 million apiece, with half of the "Yes" funding coming from the Catholic Church. Kansans for Constitutional Freedom, the leading group that worked to defeat the measure, carefully targeted its messaging: Ads in Democratic-leaning areas warned that the amendment "could ban any abortion with no exceptions," while those in more conservative parts of the state avoided mentioning abortion at all and instead decried the measure as "a strict government mandate designed to interfere with private medical decisions."

Amendment supporters, meanwhile, relied on more partisan framing, blasting "unelected liberal judges appointed by pro-abortion politicians" who "ruled the Kansas constitution contains an unlimited right to abortion, making painful dismemberment abortions legal." But even though Trump won Kansas by a wide 56-41 margin just two years ago, this sort of message failed to break through.

The final result also defied the only public poll of the race, a survey from the Republican firm co/efficient that found the amendment passing by a 47-43 margin. It will also buoy activists in Kentucky, who are fighting a similar amendment in November, as well as those in Michigan, who are seeking to enshrine abortion rights into their state's constitution. And it should serve as a reminder to Democrats that protecting the right to an abortion is the popular, mainstream position in almost every part of the country.

election recaps

 Primary Night: Below is a state-by-state look at where Tuesday’s other major contests stood as of 8 AM ET Wednesday, and you can also find our cheat-sheet here. Before we dive in, though, we’ll highlight that the margins may change as more votes are tabulated; indeed, we should expect considerably more ballots to be counted in both Arizona and Washington, as well as Michigan’s Wayne County.

In Maricopa County, which is home to over 60% of the Grand Canyon State’s residents, election authorities say that they’ll use Wednesday to verify signatures for any early ballots that were dropped off on Election Day and that they expect an updated vote tally by 10 PM ET/ 7 PM local time; a large amount of votes remain to be counted in the other 14 counties as well. Washington, meanwhile, conducts its elections entirely by mail, and ballots postmarked by Election Day are still valid as long as they're received within a few days.

Finally, a huge amounts of votes remain to be counted in Wayne County for a very different reason. Officials in Michigan’s most populous county said on Tuesday evening, “Based on the recommendation of the Voluntary Voting Systems Guideline 2.0 issued by the U.S. Election Assistance Commission, coupled with AT&Ts decision in March 2022 to no longer support 3G modems, 65 out of 83 Counties in Michigan are no longer modeming unofficial election results.” The statement continued, “We do not have a definitive time of when we will reach 100 percent reporting, but will continue to work throughout the evening and morning until this is achieved.”

 AZ-Sen (R): Former Thiel Capital chief operating officer Blake Masters, who picked up Trump’s endorsement in June, beat wealthy businessman Jim Lamon 39-29 for the right to take on Democratic Sen. Mark Kelly in what will be one of the most contested Senate races in the nation.

 AZ-Gov (R): Kari Lake, a former local TV anchor turned far-right conspiracy theorist, leads Board of Regents member Karrin Taylor Robson 46-44―a margin of about 11,000 votes―with just over 637,000 ballots tabulated; the Associated Press, which has not called the race, estimates that 80% of the vote has been counted so far. Lake, who trailed until the wee hours of Wednesday morning, has Trump’s endorsement, while termed-out Gov. Doug Ducey is for Robson.

 AZ-Gov (D): Secretary of State Katie Hobbs defeated former Homeland Security official Marco López in a 73-22 landslide.

 AZ-01 (R): Republican incumbent David Schweikert holds a 43-33 lead over wealthy businessman Elijah Norton with 96,000 votes in, or 82% of the estimated total. The winner will be defending a reconfigured seat in the eastern Phoenix area that, at 50-49 Biden, is more competitive than Schweikert’s existing 6th District.

 AZ-01 (D): Jevin Hodge, who lost a tight 2020 race for the Maricopa County Board of Supervisors, defeated former Phoenix Suns employee Adam Metzendorf 61-39.

 AZ-02 (R): Trump’s candidate, Navy SEAL veteran Eli Crane, enjoys a 34-24 lead over state Rep. Walter Blackman in another uncalled race; 76,000 votes are in, which the AP says is 90% of the total. The winner will face Democratic Rep. Tom O'Halleran, who is defending a seat in northern and eastern rural Arizona that Trump would have taken 53-45.

 AZ-04 (R): In potentially bad news for the GOP establishment, self-funding restaurant owner Kelly Cooper leads former Arizona Bankers Association president Tanya Wheeless 30-25; 56,000 ballots are counted, and the AP estimates this is 82% of the total. The powerful Congressional Leadership Fund supported Wheeless, who benefited from $1.5 million in outside spending to promote her or attack Cooper. The eventual nominee will take on Democratic Rep. Greg Stanton in a reconfigured 54-44 Biden seat in the southern Phoenix suburbs.

 AZ-06 (D): Former state Sen. Kirsten Engel defeated state Rep. Daniel Hernandez 60-34 in the primary to succeed their fellow Democrat, retiring Rep. Ann Kirkpatrick. This new Tucson-based seat would have backed Biden just 49.3-49.2.

 AZ-06 (R): Juan Ciscomani, who is a former senior advisor to Gov. Doug Ducey, turned back perennial candidate Brandon Martin 47-21. Ciscomani always looked like favorite to capture the GOP nod against an underfunded set of foes, though his allies at the Congressional Leadership Fund unexpectedly spent $1 million to support him in the final days of the race.

 AZ-AG (R): The GOP primary has not yet been resolved, but Trump’s pick, former prosecutor Abe Hamadeh, leads former Tucson City Councilor Rodney Glassman 32-24 with 605,000 ballots tabulated; the AP estimates that 80% of the vote is in. The winner will go up against former Arizona Corporation Commission Chair Kris Mayes, who had no opposition in the Democratic primary, in the contest to replace termed-out Republican incumbent Mark Brnovich.

 AZ-SoS (R): State Rep. Mark Finchem, a QAnon supporter who led the failed effort to overturn Biden's victory and attended the Jan. 6 rally just ahead of the attack on the Capitol, defeated advertising executive Beau Lane 41-25 to win the GOP nod to succeed Democratic incumbent Katie Hobbs. Trump was all-in for Finchem while Ducey backed Lane, the one candidate in the four-person primary who acknowledges Biden’s win.

 AZ-SoS (D): Former Maricopa County Clerk Adrian Fontes leads House Minority Leader Reginald Bolding 53-47 in another race that has not yet been called. A total of 467,000 ballots are in, which the AP estimates is 77% of the total vote.

 Maricopa County, AZ Attorney (R): With 328,000 votes in, appointed incumbent Rachel Mitchell leads former City of Goodyear Prosecutor Gina Godbehere 58-42 in the special election primary to succeed Allister Adel, a fellow Republican who resigned in March and died the next month. The winner will face Democrat Julie Gunnigle, who lost to Adel 51-49 in 2020; this post will be up for a regular four-year term in 2024.

 KS-AG (R): He’s back: Former Secretary of State Kris Kobach defeated state Sen. Kellie Warren 42-38 in a tight primary to succeed Attorney General Derek Schmidt, who easily won his own GOP primary to take on Democratic Gov. Laura Kelly. Kobach, a notorious voter suppression zealot who lost to Kelly in a 2018 upset, will take on attorney Chris Mann, who had no Democratic primary opposition.

 MI-Gov (R): Conservative radio host Tudor Dixon won the nomination to face Democratic Gov. Gretchen Whitmer by defeating wealthy businessman Kevin Rinke 41-22; Dixon picked up Trump’s endorsement in the final days of the campaign, though he only supported her when it was clear she was the frontrunner. Note that these totals don’t include write-ins, so we don’t know yet exactly how poorly former Detroit Police Chief James Craig’s last-ditch effort went.

 MI-03 (R): Conservative commentator John Gibbs’ Trump-backed campaign denied renomination to freshman Rep. Peter Meijer, who was one of the 10 House Republicans to vote for impeachment, 52-48. Meijer and his allies massively outspent Gibbs’ side, though the challenger got a late boost from Democrats who believe he’d be easier to beat in November.

Gibbs will now go up against 2020 Democratic nominee Hillary Scholten, who had no primary opposition in her second campaign. Meijer defeated Scholten 53-47 in 2020 as Trump was taking the old 3rd 51-47, but Michigan's new independent redistricting commission dramatically transformed this Grand Rapids-based constituency into a new 53-45 Biden seat.

 MI-08 (R): Former Trump administration official Paul Junge beat former Grosse Pointe Shores Councilman Matthew Seely 54-24 for the right to take on Democratic Rep. Dan Kildee. Junge lost to Democratic Rep. Elissa Slotkin 51-47 in the old 8th District in 2020 and decided to run here even though the old and new 8th Districts do not overlap. Biden would have carried the revamped version of this seat in the Flint and Saginaw areas 50-48.

 MI-10 (D): Former Macomb County Judge Carl Marlinga beat former Macomb County Health Department head Rhonda Powell 48-17 in the Democratic primary for a redrawn seat in Detroit's northeastern suburbs that's open because of the incumbent-vs.-incumbent matchup in the 11th (see just below).

Marlinga will face Army veteran John James, who was Team Red's Senate nominee in 2018 and 2020, in a constituency Trump would have taken 50-49. James narrowly lost to Democratic Sen. Gary Peters within the confines of the new 10th by a 49.3-48.6 margin last cycle, but he begins this general election with a massive financial lead.

 MI-11 (D): Rep. Haley Stevens beat her fellow two-term incumbent, Andy Levin, 60-40 in the Democratic primary for a revamped seat in Detroit’s northern suburbs that Biden would have carried 59-39. Stevens represented considerably more of the new seat than Levin, whom some Democrats hoped would campaign in the 10th instead of running here; Stevens and her allies, led by the hawkish pro-Israel organization AIPAC, also massively outspent Levin’s side.

 MI-12 (D): Rep. Rashida Tlaib turned back Detroit City Clerk Janice Winfrey 65-20 in this safely blue seat. The AP estimates only 66% of the vote is counted because of the aforementioned delays in Wayne County, but the agency has called the contest for the incumbent.

 MI-13 (D): Wealthy state Rep. Shri Thanedar leads state Sen. Adam Hollier 28-24 with 51,000 votes tabulated in this loyally blue Detroit-based constituency, but the AP estimates that this represents only 49% of the total vote and has not made a call here.

 MO-Sen (R): Attorney General Eric Schmitt beat Rep. Vicky Hartzler 46-22 in the primary to succeed their fellow Republican, retiring Sen. Roy Blunt; disgraced former Gov. Eric Greitens, who was the other “ERIC” Trump endorsed one day before the primary, took third with only 19%. (Yet another Eric, Some Dude Eric McElroy, clocked in at 0.4%.) Republican leaders who weren’t Trump feared that the scandal-ridden Greitens could jeopardize the party’s chances in this red state if he were nominated, and Politico reports that Senate Minority Leader Mitch McConnell’s allies at the Senate Leadership Fund quietly financed the main anti-Greitens super PAC.

Schmitt, though, will be the favorite against businesswoman Trudy Busch Valentine, who claimed the Democratic nod by beating Marine veteran Lucas Kunce 43-38. A onetime Republican, former U.S. Attorney John Wood, is also campaigning as an independent.

 MO-01 (D): Rep. Cori Bush turned back state Sen. Steve Roberts 70-27 to win renomination in this safely blue St. Louis seat.

 MO-04 (R): Former Kansas City TV anchor Mark Alford won the nod to succeed unsuccessful Senate candidate Vicky Hartzler by beating state Sen. Rick Brattin 35-21 in this dark red western Missouri seat. Brattin had the backing of School Freedom Fund, a deep-pocketed affiliate of the anti-tax Club for Growth, while the crypto-aligned American Dream Federal Action and Conservative Americans PAC supported Alford.

 MO-07 (R): Eric Burlison defeated fellow state Sen. Jay Wasson 38-23 to claim the nomination to replace Rep. Billy Long, who gave up this safely red southwestern Missouri seat only to come in a distant fourth in the Senate race. Burlison had the backing of both the Club for Growth and nihilistic House Freedom Caucus.

 WA-03: The AP has not yet called either general election spot in the top-two primary for this 51-46 Trump seat in southwestern Washington. With 105,000 votes counted, which represents an estimated 57% of the vote, Democrat Marie Perez is in first with 32%. GOP Rep. Jaime Herrera Beutler, who voted for impeachment, holds a 25-20 edge over Trump’s candidate, Army veteran Joe Kent.

 WA-04: Things are similarly unresolved in this 57-40 Trump seat in eastern Washington with 74,000 votes in, which makes up an estimated 47% of the total vote. GOP Rep. Dan Newhouse, who also supported impeaching Trump, is in first with 27%; Democrat Doug White leads Trump’s pick, 2020 GOP gubernatorial nominee Loren Culp, 26-22 for second.

 WA-08: Democratic Rep. Kim Schrier took first with 49% in this 52-45 Biden seat in suburban Seattle, but we don’t yet know which Republican she’ll be going up against. With 110,000 ballots in, or 53% of the estimated total, 2020 attorney general nominee Matt Larkin is edging out King County Councilmember Reagan Dunn 16-15; Jesse Jensen, who came unexpectedly close to beating Schrier in 2020, is in third with 13%.

 WA-SoS: Appointed Democratic incumbent Steve Hobbs easily secured a spot in the November special election, but he may need to wait a while to learn who his opponent will be. With 965,000 votes in, which the AP estimates is 47% of the total, Hobbs is in first with 41%; Pierce County Auditor Julie Anderson, who does not identify with either party, enjoys a 12.9-12.4 edge over a first-time GOP candidate named Bob Hagglund, while Republican state Sen. Keith Wagoner is just behind with 12.2%.

Governors

 NY-Gov: Siena College's first general election poll finds Democratic Gov. Kathy Hochul defeating Republican Rep. Lee Zeldin 53-39; this is the first survey from a reliable pollster since both candidates won their respective primaries in late June.

 RI-Gov: Secretary of State Nellie Gorbea has publicized a Lake Research Partners internal that shows her beating Gov. Dan McKee 27-22 in the Sept. 13 Democratic primary; former CVS executive Helena Foulkes takes 14%, while former Secretary of State Matt Brown is a distant fourth with just 7%. The last survey we saw was a late June poll from Suffolk University that gave Gorbea a similar 24-20 edge over the governor as Foulkes grabbed 16%.

Campaign finance reports are also now available for all the candidates for the second quarter of the year:

  • Foulkes: $550,000 raised, $1.4 million spent, $690,000 cash-on-hand
  • McKee: $280,000 raised, $140,000 spent, $1.2 million cash-on-hand
  • Gorbea: $270,000 raised, $380,000 spent, $790,000 cash-on-hand
  • Brown: $50,000 raised, additional $30,000 reimbursed, $90,000 spent, $70,000 cash-on-hand

The only serious Republican in the running is businesswoman Ashley Kalus, who raised only a little more than $60,000 from donors during this time but self-funded another $1.7 million. Kalus spent $1.1 million, and she had that same amount available at the end of June.

House

 HI-02: While former state Sen. Jill Tokuda has far outraised her only serious intra-party rival, state Rep. Patrick Branco, ahead of the Aug. 13 Democratic primary for this open seat, outside groups have spent a total of $1 million to help Branco. One of the state representative's allies, VoteVets, recently aired an ad attacking Tokuda for receiving a 2012 endorsement from the NRA; the spot does not mention Branco, a former U.S. Foreign Service diplomat who served in Colombia and Pakistan.

Another major Branco backer is the Congressional Hispanic Caucus, which is hoping to elect Hawaii's first Latino member of Congress. The other organizations in his corner are the crypto-aligned Web3 Forward and Mainstream Democrats PAC, a new group with the stated purpose of thwarting "far-left organizations" that want to take over the Democratic Party. The only poll we've seen here was a late June MRG Research survey for Civil Beat and Hawaii News Now that put Tokuda ahead 31-6, but it was conducted before Blanco's allies began spending here.

 IL-02: Rep. Robin Kelly on Friday evening ended her bid to stay on as state Democratic Party chair after acknowledging that she did not have a majority of the Central Committee in her corner. The next day, the body unanimously chose state Rep. Lisa Hernandez, who had the backing of Gov. J.B. Pritzker, as the new party chair.

 OK-02: Fund for a Working Congress, a conservative super PAC that has gotten involved in a few other GOP primaries this cycle, has deployed $400,000 to aid state Rep. Avery Frix in his Aug. 23 Republican primary runoff against former state Sen. Josh Brecheen. The group made its move around the same time that the Club for Growth-backed School Freedom Fund dropped a larger $1.1 million to boost Brecheen.

 TN-05: Retired National Guard Brig. Gen. Kurt Winstead has released a Spry Strategies internal that shows him trailing former state House Speaker Beth Harwell 22-20 ahead of Thursday's Republican primary for this newly-gerrymandered seat; Maury County Mayor Andy Ogles is in third with 15%, while an underfunded contender named Timothy Lee takes 10%.

Mayors

 Los Angeles, CA Mayor: Both President Joe Biden and Vice President Kamala Harris on Tuesday endorsed Democratic Rep. Karen Bass ahead of November's officially nonpartisan general election to lead America's second-largest city. Bass' opponent this fall is billionaire developer Rick Caruso, a former Republican and independent who is now a self-described "pro-centrist, pro-jobs, pro-public safety Democrat."

Ad Roundup

Dollar amounts reflect the reported size of ad buys and may be larger.

Morning Digest: Longtime congressman will retire rather than face Trump-backed colleague in primary

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

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Leading Off

MI-04: Michigan Rep. Fred Upton, who was one of 10 Republicans to vote to impeach Donald Trump last year, announced Tuesday that he would not seek a 19th term this fall. In an email to supporters, Upton said he believed "it is time to pass the torch," though the person who will most likely be claiming that beacon in the new 4th Congressional District is his colleague and would-be primary foe, Trump-backed Rep. Bill Huizenga.

While it's possible that Upton's departure will entice someone else to run against Huizenga in the August GOP primary, they'd need to collect at least 1,000 valid signatures by the April 19 filing deadline. No notable Democrats have entered the race so far for the new version of the 4th, a southwestern Michigan seat Trump would have carried 51-47 in 2020.

Huizenga announced back in December, right after the state's new congressional maps were completed, that he'd be seeking re-election in the new 4th, and he earned an endorsement from Trump last month. Upton, by contrast, spent months keeping the political world guessing as to whether he'd go up against Huizenga in the primary or retire, though until Tuesday, it seemed that he had one more race in him: In February, Upton launched a $400,000 ad campaign in which he told viewers, "If you want a rubber stamp as your congressman, I'm the wrong guy. But if you want someone committed to solving problems, putting policy over politics, then I'm asking for your support."

Upton, though, said at the time that he was still undecided about 2022, and his retirement announcement proves he wasn't just playing coy. On Tuesday, he insisted that redistricting mattered more to him than any backlash from his impeachment vote, saying, "My district was cut like Zorro—three different ways." However, it was Huizenga who, at least on paper, was more disadvantaged by the new map: While about two-thirds of the residents of the new 4th are currently Upton's constituents, Huizenga represents only about a quarter of the seat he's now the frontrunner to claim.

Upton's decision ends a long career in politics that began in the late 1970s when he started working for local Rep. David Stockman, and he remained on his staff when Stockman became Ronald Reagan's first director of the Office of Management and Budget. In 1986, Upton decided to seek elected office himself when he launched a primary challenge to Rep. Mark Siljander, who had succeeded Stockman in the House in 1981, in an earlier version of the 4th District.

Siljander was an ardent social conservative well to the right of even Reagan: Among other things, he'd unsuccessfully tried to torpedo Sandra Day O'Connor's nomination to the Supreme Court in 1981 because he didn't feel she was sufficiently conservative, and he even threatened to vote against the White House's priorities in an attempt to thwart O'Connor. Siljander, though, had taken just 58% of the vote in his 1984 primary, which suggested that a significant number of primary voters were unhappy with him.

Upton argued that, while both he and Siljander were "conservative Republican[s]," the incumbent had ignored his constituents to focus on international issues. Upton, by contrast, insisted that he'd work better with the party's leadership and seek committee assignments that would allow him to direct his energies to domestic concerns. The race took a dark turn late in the campaign when audio leaked of Siljander telling local clergy members to aid him in order to "break the back of Satan," arguing that his loss "would send a shock wave across America that Christians can be defeated in Congress by impugning their integrity and smear tactics."

Upton ended up dispatching the congressman 55-45, a convincing thumping that both sides attributed to Siljander's comments. Upton's team, while denying that the outcome represented a loss for the religious right, predicted, "Fred's tactics will be much more moderate and more reasonable." Upton easily prevailed in the general election and had no trouble winning for decades; Siljander, for his part, was last in the news in late 2020 when Trump pardoned what an angry Upton described as "a series of federal crimes including obstruction of justice, money laundering and lobbying for an international terrorist group with ties to Osama bin Laden, al-Qaida and the Taliban."

In 2002, Upton easily turned back a primary campaign from state Sen. Dale Shugars 66-32 in what was now numbered the 6th District, but when the burgeoning tea party turned its wrath on establishment figures in 2010, the longtime congressman had become much more vulnerable to intra-party challenges. His opponent that year was former state Rep. Jack Hoogendyk, who had badly failed in his quest to unseat Democratic Sen. Carl Levin two years earlier but argued that Upton was insufficiently conservative. The congressman outspent Hoogendyk by an 18-to-1 margin but prevailed only 57-43, which enticed Hoogendyk to try again in 2012.

However, while the anti-tax Club for Growth ran commercials this time against Upton, who by now was chair of the Energy and Commerce Committee, the incumbent worked hard to emphasize his opposition to the Obama administration and won by a larger 67-33 margin. That was the last time he faced a serious primary challenge at the ballot box, but in 2014 he went through his first expensive general election campaign when law professor Larry Lessig directed his Mayday PAC, which he called his "super PAC to end super PACs," to target Upton.

Mayday spent over $2 million to aid a previously unheralded Democrat named Paul Clements, and while Upton didn't come close to losing in that red wave year, Democrats hoped his 56-40 showing meant he could be beaten in a better political climate. Clements sought a rematch in 2016, but Upton won by a 59-36 spread.

In 2018, though, the congressman faced a considerably tougher battle against physician Matt Longjohn at a time when the GOP was on the defensive nationwide. Upton got some surprising help during that campaign when Joe Biden delivered a speech in his district that was paid in part by an Upton family foundation; Biden, who was apparently motivated to praise Upton because of the congressman's work on a bill called the 21st Century Cures Act, declared the congressman was "one of the finest guys I've ever worked with" and "the reason we're going to beat cancer." Ultimately, the congressman prevailed 50-46 in what was by far the closest race of his career. Afterwards, Longjohn’s campaign manager said Biden’s involvement was "brutal at the time and stings even more today."

Democrats hoped they could finally take Upton down in 2020, but Upton returned to form and beat state Rep. Jon Hoadley 56-40 as Trump was carrying his district 51-47. Two months later, Upton responded to the Jan. 6 attack by voting for impeachment, a vote that arguably did more than anything else to close out his lengthy time in Congress.

1Q Fundraising

  • PA-Sen: John Fetterman (D): $3.1 million raised, $4.1 million cash-on-hand
  • NH-Sen: Kevin Smith (R): $410,000 raised (in nine weeks)
  • FL-07: Rusty Roberts (R): $173,000 raised (in 10 days)
  • MI-12: Janice Winfrey (D): $200,000 raised (in six weeks)
  • OH-13: Emilia Sykes (D): $350,000 raised
  • RI-02: Joy Fox (D): $175,000 raised (in two months)
  • SC-01: Nancy Mace (R-inc): $1.2 million raised, $2.3 million cash-on-hand

Senate

AZ-Sen: Monday was the deadline for candidates to file for Arizona's Aug. 2 primary, and the state has a list of contenders here. We run down all the major contests in their respective sections of the Morning Digest, starting with the Senate race.

Democratic Sen. Mark Kelly won a tight 2020 election for the final two years of the late John McCain's term, and he'll be a top GOP target this fall as he seeks re-election. Five Republicans are running to take him on (though Gov. Doug Ducey, to the frustration of Senate Minority Leader Mitch McConnell, is not one of them), and polls show that a large plurality of primary voters is undecided.

The most prominent contender may be state Attorney General Mark Brnovich, though he attracted heaps of abuse last year from Trump for not doing enough to advance the Big Lie. The only other current elected official is state Corporation Commissioner Justin Olson, but he's struggled to attract attention. The field also includes self-funding businessman Jim Lamon; former Thiel Capital chief operating officer Blake Masters, whose former boss is heavily financing a super PAC to boost him; and retired Air Force Maj. Gen. Michael McGuire.

OH-Sen: Venture capitalist J.D. Vance and former state Treasurer Josh Mandel are each running commercials for the May 3 Republican primary espousing ultra-conservative ideas as they attack the very idea that their beliefs could be racist.

Vance is pushing that message in what the GOP firm Medium Buying says is his first-ever TV ad, though his allies at Protect Ohio Values PAC have already spent over $6 million promoting him. "Are you a racist?" Vance begins as he points right at the camera, "Do you hate Mexicans? The media calls us racist for wanting to build Trump's wall." The Hillbilly Elegy author continues by accusing the media of censorship before proclaiming, "Joe Biden's open border is killing Ohioans with more illegal drugs and more Democrat voters pouring into this country." Mandel, meanwhile, exclaims, "There's nothing racist about stopping critical race theory and loving America."

On the Democratic side, former Consumer Financial Protection Bureau official Morgan Harper has launched what her campaign says is a six-figure opening ad buy. Harper describes her local roots and service in the Obama administration before trying to contrast herself with Rep. Tim Ryan, the frontrunner for the nod, by declaring, "I'm the only Democrat for Senate who's always supported Medicare for All and a $15 living wage, who's always been pro-choice, and supports expanding the Supreme Court to protect women's rights."

PA-Sen: Allies of Rep. Conor Lamb at a super PAC called Penn Progress just dropped the first negative TV ad of Pennsylvania's Democratic Senate primary, but there's a huge problem with the spot.

The narrator begins by asking, "Who can Democrats trust in the race for Senate?" and contrasts Lamb—"a former prosecutor and Marine"—with Lt. Gov. John Fetterman, "a self-described democratic socialist." The ad cites an NPR segment from 2020 for that claim about Fetterman, but at the bottom of the piece are not one but two correction notices that both read, "This story wrongly states that Pennsylvania Lt. Gov. John Fetterman is a 'self-described democratic socialist.' He is not." Citing those corrections, attorneys for Fetterman's campaign sent a letter to TV stations demanding they take down the spot, calling it "false and defamatory."

Penn Progress responded by pointing to other news articles that have also called Fetterman a "self-described democratic socialist," but no one seems to have found a quote from Fetterman actually referring to himself this way. That's because, according to his campaign, no such quote exists. In their letter, Fetterman's lawyers say the candidate "has never described himself as a 'democratic socialist'" and link to a 2016 interview in which Fetterman says, "No, I don't label myself a democratic socialist."

Fetterman's team is seeking to have this advertisement bumped from the airwaves because TV and radio stations can be held liable for defamatory content in third-party ads. (Because they're obligated under federal law to run candidate ads so long as they're paid for, broadcasters aren't liable for the content of such spots.) On Tuesday evening, the Fetterman campaign said that one station, WPVI in Philadelphia, had complied with its request.

Aside from the factual blunder, Lamb's supporters may be making a political mistake as well: Attacking a rival as too liberal in a Democratic primary is rarely a winning move. If Penn Progress' ad gets bounced, it may actually be a blessing in disguise for the super PAC.

Separately, a new poll of the GOP primary from Public Opinion Strategies for Honor Pennsylvania finds hedge funder David McCormick (whom the group is backing) leading TV personality Mehmet Oz 22-16. In a previously unreleased POS poll from January, Oz enjoyed a 31-13 advantage, but both sides—and other candidates as well—have unleashed millions in attack ads since then.

SD-Sen: Candidate filing closed March 29 for South Dakota's June 7 primaries, and we'll be taking a look at the fields for any notable 2022 contests now that the Secretary of State's office has had a week to receive "the official certification(s) from county central committees or state political parties"; you can find a list of contenders here. A runoff would be required on Aug. 16 in the races for U.S. Senate, U.S. House, and governor if no candidate wins at least 35% of the vote, but there aren't enough contenders in any of those races to make this a possibility. Note also that the parties hold nominating conventions (typically later in June) instead of primaries for several offices, including attorney general.

Donald Trump used the last days of his time on Twitter to rant in late 2020 that Republican Sen. John Thune "will be primaried in 2022, political career over!!!" but the Senate minority whip's political career seems like it will continue just fine. Only two little-known Republicans, Oglala Sioux tribal administrator Bruce Whalen and rancher Mark Mowry, ended up filing to take him on, despite Thune's long dalliance with retirement, and there's no indication that either poses a threat. Attorney Brian Bengs has the Democratic primary to himself in this very red state.

Ad Reservations: Last week we got preliminary information about the first fall TV bookings from the Democratic group Senate Majority PAC, and AdImpact now has full details about how much money is going into each reservation:

  • Arizona: $22.4 million
  • Georgia: $24.6 million
  • Nevada: $14.1 million
  • Pennsylvania: $25.8 million
  • Wisconsin: $11.7 million

Arizona, Georgia, and Nevada are Democratic-held, while SMP is going on the offensive in Pennsylvania and Wisconsin. These are the first general election reservations we've seen from any major outside groups on the Senate side.

Governors

AL-Gov: Former Ambassador to Slovenia Lindy Blanchard is running more ads ahead of the May 24 Republican primary arguing that Gov. Kay Ivey is insufficiently conservative. One spot focuses entirely on attacking the governor, including a clip of her saying last year, "It's time to start blaming the unvaccinated folks, not the regular folks." The other commercial tries to use the Big Lie against Ivey, with the narrator proclaiming, "Lindy believes the election was stolen from Trump. Kay Ivey thinks Biden's victory was legitimate."

Ivey, meanwhile, is running her own ads playing up her own far-right credentials. "The fake news, big tech, and blue state liberals stole the election from President Trump," says the governor, "but here in Alabama, we are making sure that never happens. We have not, and will not, send absentee ballots to everyone and their brother."

AZ-Gov: Both sides have competitive primaries to succeed termed-out GOP Gov. Doug Ducey in swingy Arizona. Secretary of State Katie Hobbs has long looked like the frontrunner on the Democratic side, and she picked up an endorsement Tuesday from the state branch of the American Federation of Teachers. Her two intra-party foes are former state Rep. Aaron Lieberman and former Homeland Security official Marco López, who is a one-time mayor of Nogales.

Republicans, meanwhile, have six contenders. Trump has thrown his endorsement behind Kari Lake, a former local TV anchor turned conservative conspiracy theorist. The only current elected official, by contrast, is Board of Regents member Karrin Taylor Robson, who is backed by former Govs. Jan Brewer and Fyfe Simington.

Another name to watch is former Rep. Matt Salmon, who narrowly lost the 2002 general election to Democrat Janet Napolitano; his second bid has the support of the Club for Growth as well as Reps. Andy Biggs and David Schweikert. There's also self-funding businessman Steve Gaynor, who narrowly lost the open-seat race for secretary of state to Hobbs in 2018. Businesswoman Paola Tulliani Zen, who founded a biscotti company, also attracted attention earlier this year when politicos learned she'd self-funded $1.2 million, but she hasn't otherwise generated much press. Neither has the sixth GOP candidate, Scott Neely.

NM-Gov: Former Sandoval County Commissioner Jay Block uses his first spot for the June Republican primary to proclaim that he was "a day-one supporter of President Donald J. Trump," who badly lost New Mexico twice. The ad goes on to tout Block's conservative ideas, including his desire to "finish the border wall" and "block the COVID mandates," though at times the narrator's message almost gets drowned out by the commercial's loud music.

SD-Gov: Gov. Kristi Noem faces a Republican primary challenge from state Rep. Steve Haugaard, a former state House speaker who, believe it or not, is trying to run to the incumbent's right. Noem, though, has a massive financial edge over the challenger, as well as Trump's endorsement, and there's no indication yet that she's vulnerable. The winner will take on state House Minority Leader Jamie Smith, who faces no opposition in the Democratic primary.

TX-Gov: YouGov's new poll for the Texas Hispanic Policy Foundation shows Republican Gov. Greg Abbott leading Democrat Beto O'Rourke 50-42 among likely voters.

House

AK-AL: 314 Action Fund, a group that supported independent Al Gross in his 2020 Senate race, has released a survey from the Democratic pollster Change Research that finds him locked in a close special election against former GOP Gov. Sarah Palin in the instant-runoff general election in August.

It's impossible to know which of the 48 candidates competing in the June top-four primary might advance to the general, but we know the final matchup will be different than the one Change polled because one of the candidates it included, Republican state Sen. Lora Reinbold, did not end up running; the survey was also conducted days before either Palin or the final Republican candidate tested, state Sen. Josh Revak, announced they were in.

The firm initially finds Gross leading Palin 33-30 in a hypothetical general election, with Revak and Reinbold at 9% and 8%, respectively. After the instant runoff process is simulated, not much changes, as Gross and Palin tie with 35% apiece, while 30% are undecided. In a separate question pitting the two head-to-head, however, Palin edges out Gross 42-40.

314 Action hasn't made an endorsement yet, but the organization made it clear it wanted Gross to win in its release, saying, "Dr. Al Gross has dedicated his life to improving health outcomes for Alaskans, and if elected to Congress he'll have a platform to craft policy that will do just that."

AZ-01: Republican Rep. David Schweikert is running for re-election in the revamped 1st District, a seat in eastern Phoenix and its eastern suburbs that's changed quite a bit from the 6th District he currently represents: While Trump would have carried his existing constituency 51-47, it’s Biden who would have taken the new 1st 50-49. (We explain the many changes to Arizona's congressional map here.)

Before he can focus on the general election, though, Schweikert needs to get past self-funder Elijah Norton in the primary. Norton has been attacking the ethics of the incumbent, who in 2020 agreed to pay a $50,000 fine, accept a formal reprimand, and admit to 11 different violations of congressional rules and campaign finance laws in a deal with the bipartisan House Ethics Committee to conclude a two-year investigation. Schweikert, though, has made it clear he'll focus on Norton's turbulent departure from his insurance company. The field also includes Josh Barnett, who badly lost to Democratic Rep. Ruben Gallego last cycle in the safely blue 7th District.

Three Democrats are also competing for this competitive seat. The field consists of Jevin Hodge, who lost a tight 2020 race for the Maricopa County Board of Supervisors; former Phoenix Suns employee Adam Metzendorf; and environmental consultant Ginger Sykes Torres, who has the backing of southern Arizona Rep. Raúl Grijalva.

AZ-02: Democratic Rep. Tom O'Halleran is defending a seat in northern and eastern rural Arizona that would have backed Trump 53-45, which is a significant shift from Biden's 50-48 win in the 1st District that he currently holds.

Seven Republicans are competing to take him on, and there's no obvious frontrunner at this point. The two elected officials in the running are state Rep. Walt Blackman and John Moore, the mayor of the tiny community of Williams. Also in the running are Navy SEAL veteran Eli Crane; Ron Watkins, the reputed founder of the QAnon conspiracy cult; and three others. Navajo Nation Vice President Myron Lizer had announced he was running last month, but his name was not on the state’s final list of candidates.

AZ-04: Democratic Rep. Greg Stanton is defending the 4th District in the southern Phoenix suburbs that, at 54-44 Biden, is considerably less safe than the 9th District it replaces. Six Republicans are competing to take him on, including Tanya Wheeless, who served as a staffer to then-Sen. Martha McSally, and Chandler City Councilman Rene Lopez.

AZ-06: Democratic Rep. Ann Kirkpatrick announced her retirement last year before Arizona's Independent Redistricting Commission drew up a new 6th District in the Tucson area that Biden would have carried by a tiny 49.3-49.2 margin—a sizable drop from Biden’s 55-44 win in the old 2nd District.

The Democratic contest pits former state Rep. Daniel Hernández, who as an intern helped save then-Rep. Gabby Giffords after she was shot in 2011, against state Sen. Kirsten Engel; a third candidate, engineer Avery Anderson, hasn't earned much attention so far. The GOP frontrunner is Juan Ciscomani, a former senior advisor to Gov. Doug Ducey, though it remains to be seen if any of his four intra-party rivals can give him a serious fight.

FL-13: 2020 nominee Anna Paulina Luna, who has Trump's endorsement, has released a Spry Strategies poll that shows her again winning the August Republican primary. The firm gives Luna the lead with 35%, while prosecutor Kevin Hayslett and 2020 candidate Amanda Makki are tied for second with 9% each.

GA-07: NBC reports that Rep. Lucy McBath is spending $74,000 on her first TV ad for the May 24 Democratic primary, which features her visiting the grave of her son, Jordan Davis, as she describes how he was murdered by a gunman. (The commercial features surveillance footage from the gas station where Davis was killed, with someone responding to the sounds of gunfire, "Oh my God. Somebody's shooting!") McBath tells the audience, "My tragedy turned to purpose. In Congress, I'm fighting to protect voting rights, to lower prescription drug costs, and to prevent gun violence."

McBath's longtime allies at Everytown for Gun Safety are also spending $1 million to help her, which the Atlanta Journal-Constitution says will come in the form of digital and radio ads and a mail campaign. McBath has already benefited from $1 million in advertising from another group, Protect Our Future PAC, while fellow incumbent Carolyn Bourdeaux has not yet received any major outside support.

MD-01: Former Del. Heather Mizeur says she'll continue her campaign for the Democratic nod to take on Republican Rep. Andy Harris even though Trump would have carried the newest version of this seat by a tough 56-42 margin. Foreign policy strategist Dave Harden, who is the underdog in the July primary, also made it clear he'd remain in the race.

NH-01: The Associated Press reports that former Trump administration official Matt Mowers, one of the leading GOP candidates for New Hampshire's 1st Congressional District, voted twice in the 2016 primaries, which would be a violation of federal law.

According to the AP, Mowers cast a ballot in New Hampshire's primary in February, when he was working for Chris Christie's presidential campaign. (Christie finished sixth with just 7% of the vote and quit the race the next day.) Mowers then voted in the June primary in his home state of New Jersey, a month after Donald Trump became the GOP's de facto nominee, though there were other races on the ballot that day as well.

Any statute of limitations has long run out, so Mowers—who has a page devoted to "election integrity" on his campaign website—would be able to evade any legal ramifications. Politically, though, it's a different story, as his rivals for the nomination to take on Democratic Rep. Chris Pappas immediately went on the attack. Mowers' campaign has so far declined to respond directly to the story.

SD-AL: Rep. Dusty Johnson faces a Republican primary challenge from state Rep. Taffy Howard, a Big Lie supporter who launched her bid last year insisting, "I believe there was fraud in the last election that needs to be investigated. Our current congressman is not willing to admit that there was an issue." No Democrat ended up filing to run for the state's only House seat.

TX-15: EMILY's List has endorsed businesswoman Michelle Vallejo in the May 24 Democratic primary runoff for this open seat. Vallejo will face Army veteran Ruben Ramirez, who led her 28-20 last month in the first round of the nomination contest.

TX-34 (special): Republican Gov. Greg Abbott has scheduled the special all-party primary to succeed former Democratic Rep. Filemon Vela for June 14, with the filing deadline set for April 13. A runoff date would only be scheduled if no one earns a majority of the vote in the first round.

Attorneys General

AZ-AG: Republicans have a six-way primary to succeed termed-out Attorney General Mark Brnovich, who is seeking Team Red's nod for U.S. Senate, and this is another nominating contest without an obvious frontrunner. The only Democrat, by contrast, is former Arizona Corporation Commission Chair Kris Mayes.

One familiar GOP contender is Tiffany Shedd, who lost a close general election last cycle in the 1st Congressional District against Rep. Tom O'Halleran. Another 2020 loser is Rodney Glassman, who narrowly failed to unseat the Maricopa County assessor in the primary; Glassman was the 2010 Democratic nominee against Sen. John McCain, but he now sports an endorsement from far-right Rep. Paul Gosar. The field also consists of two former prosecutors, Lacy Cooper and Abe Hamadeh; former Arizona Supreme Court Justice Andrew Gould; and manufacturing executive Dawn Grove.

TX-AG: YouGov surveys the May 24 Republican primary runoff for the Texas Hispanic Policy Foundation and shows incumbent Ken Paxton fending off Land Commissioner George P. Bush 65-23, which is even larger than the 59-30 lead that CWS Research found in its recent poll for a pro-Paxton group. YouGov also has former ACLU attorney Rochelle Garza beating former Galveston Mayor Joe Jaworski 46-31 for the Democratic nod.

YouGov tests hypothetical general election scenarios as well and finds that, despite his myriad of scandals, Paxton outperforms Bush. The attorney general leads Garza and Jaworski 48-42 and 48-41, respectively, while Jaworski edges out Bush 39-38 and Garza ties him at 39-all.

Secretaries of State

AZ-SoS: Democratic Secretary of State Katie Hobbs is running for governor, and four Republicans and two Democrats are running to replace her as this swing state's chief elections officer.

Donald Trump, unsurprisingly, has taken a strong interest in this contest and endorsed state Rep. Mark Finchem, a QAnon supporter who led the failed effort to overturn Joe Biden's 2020 victory and attended the Jan. 6 rally just ahead of the attack on the Capitol. Team Red's field also includes state Rep. Shawnna Bolick, who championed a bill that would have allowed the state legislature to decertify the state's presidential results at any point before Inauguration Day, and state Sen. Michelle Ugenti-Rita, who has sponsored some of the most aggressive new voting restrictions in Arizona. The final Republican contender is advertising executive Beau Lane.

Democrats, meanwhile, have a duel between state House Minority Leader Reginald Bolding and Adrian Fontes, who narrowly lost re-election in 2020 as Maricopa County clerk, the post responsible for election administration in the county.

Prosecutors

Maricopa County, AZ Prosecutor: Republican incumbent Alistair Adel resigned late last month as the top prosecutor of America's fourth-largest county over serious questions about her ability to manage her office, and one Democrat and three Republicans quickly collected the requisite signatures needed to compete in the special election to succeed her. The partisan primary and general elections will take place on the same days as the state's regularly scheduled statewide contests, and the winner will be up for a full term in 2024.

The only Democrat in the race is 2020 nominee Julie Gunnigle, who lost to Adel by a close 51-49. The GOP field consists of Anni Foster, who is Gov. Doug Ducey's general counsel; City of Goodyear Prosecutor Gina Godbehere; and prosecutor Rachel Mitchell, whom Senate Republicans hired in 2018 as a "female assistant" to question Brett Kavanaugh and accuser Christine Blasey Ford. A fourth Republican, attorney James Austin Woods, does not appear to have filed.