Morning Digest: Democrats launch first stage of plan to flip Wisconsin Senate

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

WI State Senate: The Wisconsin Democratic Party announced on Wednesday that it plans to spend a hefty $7 million on TV ads in five state Senate districts, a sum the Associated Press' Todd Richmond says represents "the biggest ad buy of its kind Democrats in the state have ever made in legislative races."

The offensive comes after the state approved new legislative maps to replace Republican gerrymanders that the state Supreme Court struck down late last year. Energized by the new districts, which much more closely reflect Wisconsin's swingy nature, Democrats are fielding candidates in every Senate seat on the ballot for the first time in more than two decades.

Reclaiming their first majority since 2012, however, will likely take two election cycles because only 16 of the upper chamber's 33 seats are up this year. But making gains this fall is critical for Democrats to have a shot at flipping the chamber in 2026, when the other half of the Senate will go before voters.

Republicans won a 22-11 advantage in 2022, a two-thirds supermajority that would allow them to remove impeached state officials—a power they've threatened to wield but have yet to do so. They also hold a lopsided edge in the Assembly, which has the power to start impeachment proceedings with just a simple majority, though they're just short of the two-thirds threshold in the lower chamber.

But the new maps, which Democratic Gov. Tony Evers signed in February after it was passed by the legislature, will make it all but impossible for the GOP to retain those skewed margins.

That's because Joe Biden would have carried 18 Senate districts under the new boundaries compared to 15 for Donald Trump, according to VEST data from Dave's Redistricting App. That's a stark difference from the old map, which gave Trump a 22-11 edge—figures that mirror the Republicans' current numbers there.

In total, six Democratic-held seats will be on the ballot in 2024 compared with 10 for Republicans. Four of those 10 GOP seats went for Biden, giving Democrats the chance to win them all. Every Democratic seat, by contrast, was also won by Biden.

The AP's Richmond reports Wisconsin Democrats are targeting these four Biden-Republican seats, as well as one swingy Democratic constituency that could be vulnerable, with ads set to begin after the state's Aug. 13 primaries. In each case, the president's margin was in single digits, so all will be competitive affairs.

The Democrats' best pickup target may be the 18th District, an open seat that stretches from Appleton south to Oshkosh and favored Biden 53-45. Republicans will choose between physician Anthony Phillips and businessman Blong Yang. The Democratic frontrunner, meanwhile, is Appleton Alderperson Kristin Alfheim. (Wisconsin's filing deadline isn't until June 3, so the roster of candidates in each of these races may not be set.)

The GOP also doesn't have an incumbent defending the 30th District in the Green Bay area, which backed Biden by a smaller 51-47 spread. Business consultant Jamie Wall announced in March that he'd seek the Democratic nod to take on Republican Sen. Eric Wimberger, but the incumbent later opted to relocate to the dark red 2nd District next door. The GOP doesn't lack a candidate here, though, as Allouez Village President Jim Rafter launched a bid soon after Wimberger switched races.

Two Republican senators, meanwhile, are seeking reelection in competitive constituencies. Sen. Joan Ballweg is defending the 14th District to the north of Madison against Democrat Sarah Keyeski, who works as a mental health counselor. Biden also prevailed 51-47 here.

GOP Sen. Duey Stroebel, meanwhile, is trying to hold the 8th District, a seat in Milwaukee's northern suburbs that went for Biden by just half a percentage point. Environmental attorney Jodi Habush Sinykin, who rose to prominence in a competitive special election last year, has the Democratic nod to herself.

Habush Sinykin campaigned in 2023 for the previous version of the 8th, which favored Trump 52-47, in a contest that took place following former GOP Sen. Alberta Darling's resignation. Habush Sinykin outperformed those presidential baselines but narrowly lost to state Rep. Dan Knodl by a 51-49 margin.

But while Knodl's victory returned the GOP to supermajority status, he didn't have long to enjoy his promotion. The new maps placed Knodl and Stroebel in the same Senate district, prompting Knodl to run for his old seat in the Assembly rather than oppose his new colleague. (Knodl will instead take on Rep. Janel Brandtjen, an election denier he beat in last year's special election primary.)

Meanwhile, the only vulnerable Democratic-held seat up this year belongs to Sen. Brad Pfaff, whose 32nd District around La Crosse favored Biden 52-46. Pfaff lost a close contest in 2022 for the 3rd Congressional District to Republican Derrick Van Orden, but he opted to seek reelection rather than try for a rematch.

Pfaff's only announced Republican opponent is Trempealeau County Board member Stacey Klein, who abandoned her hopeless campaign to take on Democratic U.S. Sen. Tammy Baldwin last month to instead run for the legislature.

Should Democrats run the table by holding all their current seats and flipping the four Biden-Republican districts, the GOP would still hold a small 18-15 advantage overall. It's unlikely Democrats can hope for much more this year because the remaining six Republican seats all went for Trump by double-digit margins, though three more winnable Biden districts held by Republicans will be up in 2026.

These Senate races won't be the only closely watched legislative contests in the state, though, as Democrats are also working to flip the Assembly. And unlike in the Senate, Democrats have a chance to secure a majority this year: While the GOP holds an imposing 64-35 majority, all 99 representatives are up for new two-year terms. (Members of the assembly, somewhat confusingly, hold the title of representative rather than assemblymember or something similar.)

Trump carried 64 districts under the old boundaries, which, like the Senate, matches the number of constituencies his party holds. However, Trump took just 50 seats under the new map, which gives Democrats the chance to take their first majority since the 2010 red wave.

Senate

MD-Sen: Inside Elections' Jacob Rubashkin reports that EMILYs List has now spent a total of $2.5 million on ads to help Prince George's County Executive Angela Alsobrooks beat Rep. David Trone in Tuesday's Democratic primary. EMILYs previously reported spending $1.6 million on television and digital platforms in FEC documents filed May 3.

NV-Sen: A billionaire-backed super PAC supporting Army veteran Sam Brown is now running ads attacking former diplomat Jeff Gunter despite a poll last month that showed Brown with a monster lead in Nevada's June 11 GOP primary.

The new spot for Duty First Nevada, which is chiefly funded by software company mogul David Duffield, hammers Gunter, a dermatologist appointed by Donald Trump as ambassador to Iceland in 2018, as an "infomercial doctor" and "longtime California Democrat" who "cashed in telling seniors he could reverse their age."

The ad features clips of those late-night infomercials, in which Gunter hawked a purported wrinkle-removing "serum" under the auspices of an outfit he created called the "Youthology Research Institute."

The commercial goes on to claim Gunter has never voted in Nevada and didn't vote for Trump's reelection in 2020. The Daily Beast's Sam Brodey reported last year that Gunter registered to vote as a Democrat in 2000 in California, where he grew up and started his medical practice and that he last cast a ballot in the Golden State in 2018.

Brodey also wrote that there's no record of Gunter voting anywhere in 2020. The longtime Nevada property owner registered to vote in the Silver State the following year, but he does not appear to have returned the 2022 absentee ballot he requested. (Gunter made that request from California.)

Duty First Nevada has yet to file reports detailing its spending on this new ad campaign, but it previously spent $1.2 million to boost Brown's campaign. That the PAC feels it necessary to get involved to this degree is something of a surprise, though, as an early April survey for the NRSC, which is backing Brown, showed him with a 58-3 lead on Gunter.

House

MD-03: Retiring Sen. Ben Cardin expressed his support for state Sen. Sarah Elfreth's bid for the Democratic nomination in Maryland's open 3rd Congressional District, both appearing with her at a campaign event and telling the Baltimore Sun in a statement that "she is ready for the job." Cardin himself represented previous versions of the safely blue 3rd District for the 20 years preceding his successful Senate bid in 2006.

According to the Sun's Dana Munro, Cardin's team claims his involvement in the race for his old seat did not constitute "a formal endorsement," but of course, there's no such thing as a formal endorsement. And as we always note when politicians insist on playing games like this, actions speak far louder than words.

It's particularly unclear why Cardin would even want to hedge in this case, since he offered effusive praise for Elfreth, calling her "one of our great leaders" on climate change and saying she "knows how to get things accomplished." Regardless of what Cardin might call it, we call that an endorsement.

Elfreth is an apparent frontrunner in the massive 21-candidate primary that will take place next week, along with former Capitol police officer Harry Dunn. Dunn has raised more than $4.5 million for his campaign while Elfreth has benefited from almost $4.2 million in spending from the United Democracy Project, a super PAC affiliated with AIPAC.

But while UDP had previously stuck to airing positive ads for most of the campaign, it just deployed a new commercial that argues Dunn should be "ashamed of himself" for running negative spots against Elfreth. (Those Dunn ads went after the state senator for benefiting from spending from AIPAC, which his narrator characterized as a "right-wing SuperPAC funded by Trump donors.")

UDP's new spot doesn't say anything more about Dunn, though. Instead, it moves on to praise Elfreth as a loyal Democrat who is "as anti-Trump as they come." Another ad focuses entirely on reproductive rights and doesn't mention Dunn.

MD-06: Former Commerce Department official April McClain Delaney has released an internal poll from Garin-Hart-Yang that shows her leading Del. Joe Vogel 37-24 in Tuesday's Democratic primary, with 22% undecided and the balance split between the rest of the field. (A total of 16 names are listed on the ballot, though some candidates have dropped out.)

Delaney publicized her survey days after Vogel's allies at Equality PAC released a late April poll from Public Policy Polling that showed the two deadlocked 24-24 in the contest to replace Senate candidate David Trone, a fellow Democrat. We have not seen any other recent polls.

NH-02: Maggie Goodlander, a former official in the Biden administration who had reportedly been considering a bid for New Hampshire's open 2nd District, joined the September primary for the Democratic nomination on Thursday.

Goodlander, who was once an aide to the late Sens. Joe Lieberman and John McCain, has deep connections to the White House. The Boston Globe's James Pindell last month characterized her as part of an "elite circle of aides to President Biden," which includes her husband, National Security Advisor Jake Sullivan.

Goodlander grew up in the 2nd District (her mother, Betty Tamposi, lost a close GOP primary for a previous version of the seat in 1988), and she touted her local roots in her kickoff. However, Pindell notes that she and Sullivan purchased a home in 2018 in Portsmouth, which is located in the 1st District. Goodlander says she recently signed a lease for a residence in her hometown of Nashua in the 2nd.

Goodlander is the third notable Democrat to enter the race, following state Sen. Becky Whitley and former Executive Councilor Colin Van Ostern, who has the endorsement of retiring Rep. Annie Kuster.

NJ-10: Hudson County Commission Jerry Walker has joined the July 16 Democratic primary for the special election to replace Rep. Donald Payne Jr., who died last month. Candidate filing for the race for this safely blue seat in the Newark area closes at 4 PM ET today.

SC-04: Rep. William Timmons is now airing negative ads against state Rep. Adam Morgan ahead of their June 11 Republican primary showdown for South Carolina's 4th District, a safely red constituency in the Greenville area. The narrator accuses Morgan of missing "over 400 votes" in the legislature before reminding viewers that Timmons has Donald Trump's endorsement.

Morgan, who chairs his chamber's far-right Freedom Caucus, received an endorsement this week from the eponymous congressional group. Republicans in Congress who resent the antics of the nihilistic caucus, though, got a new reason this week to dread what might happen if Morgan were to join the House.

The final days of South Carolina's legislative session were defined by a chaotic battle between Morgan's Freedom Caucus and the rest of the GOP-led state House. Morgan upset most of his fellow Republicans when he unsuccessfully attempted to bar state agencies from sending voter registration forms to non-citizens.

"These are stunts … circus antics, people," said one exasperated Republican, state Rep. Gil Gatch. Micah Caskey, another Republican lawmaker who is no fan of Morgan's crew, went even further by addressing the lower chamber while donning a tinfoil hat labeled "South Carolina Freedom Caucus."

Obituaries

Pete McCloskey: Former California Rep. Pete McCloskey, a liberal Republican who rose to national prominence in 1972 by challenging President Richard Nixon for renomination as an anti-Vietnam War candidate, died Wednesday at age 96. McCloskey, as Margaret O'Mara wrote in her book "The Code," also played a role in Silicon Valley's rise as a technological powerhouse.

McCloskey first made his mark in politics in 1967 by beating another well-known Republican, former child star Shirley Temple Black, 34-22 in the first round of an all-party special election for a House seat in the Bay Area. (McCloskey's surprise win was the basis of a 1968 nonfiction book, "The Sinking of the Lollipop.")

McCloskey easily won the general election and served in the House for many years. In 1982, however, he sought a promotion to the Senate but ended with a 38-25 loss in the primary to the eventual winner, San Diego Mayor Pete Wilson. You can find much more about McCloskey's eventful career, including a quixotic 2006 primary bid against a conservative congressman that helped Democrats flip the Bay Area's last GOP-held seat, in the San Jose Mercury News' obituary.

Grab Bag

Where Are They Now? Federal prosecutors have re-indicted former Republican Rep. Jeff Fortenberry for lying to federal agents in connection with an effort to funnel $30,000 to Fortenberry's campaign via straw donors.

While Fortenberry was convicted by a jury in Los Angeles in 2022, a federal appeals court overturned his conviction late last year, saying prosecutors had tried him in the wrong jurisdiction.

The Department of Justice had brought charges against Fortenberry in Los Angeles, where the straw-donor scheme was originally put in motion by a Lebanese-Nigerian billionaire. However, the false statements for which the jury convicted the then-congressman were made in Washington, D.C., and at his home in Lincoln, Nebraska. To resolve the problem, prosecutors have brought their renewed charges in D.C.

Fortenberry announced his resignation from Nebraska's conservative 1st District two days after his conviction in 2022. He was sentenced later that year to two years' probation, 320 hours of community service, and a $25,000 fine. In a statement responding to the new charges, an attorney for Fortenberry did not appear to address his client's culpability but rather accused the Justice Department of "overzealous prosecution."

Poll Pile

  • NC-Gov: Cygnal (R) for Carolina Journal: Josh Stein (D): 39, Mark Robinson (R): 39, Mike Ross (L): 4, Wayne Turner (G): 1 (43-38 Trump) (April: 40-38 Robinson)
  • NC Supreme Court: Cygnal (R) for Carolina Journal: Jefferson Griffin (R): 40, Allison Riggs (D-inc): 39

Ad Roundup

Morning Digest: Democrats launch first stage of plan to flip Wisconsin Senate

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

WI State Senate: The Wisconsin Democratic Party announced on Wednesday that it plans to spend a hefty $7 million on TV ads in five state Senate districts, a sum the Associated Press' Todd Richmond says represents "the biggest ad buy of its kind Democrats in the state have ever made in legislative races."

The offensive comes after the state approved new legislative maps to replace Republican gerrymanders that the state Supreme Court struck down late last year. Energized by the new districts, which much more closely reflect Wisconsin's swingy nature, Democrats are fielding candidates in every Senate seat on the ballot for the first time in more than two decades.

Reclaiming their first majority since 2012, however, will likely take two election cycles because only 16 of the upper chamber's 33 seats are up this year. But making gains this fall is critical for Democrats to have a shot at flipping the chamber in 2026, when the other half of the Senate will go before voters.

Republicans won a 22-11 advantage in 2022, a two-thirds supermajority that would allow them to remove impeached state officials—a power they've threatened to wield but have yet to do so. They also hold a lopsided edge in the Assembly, which has the power to start impeachment proceedings with just a simple majority, though they're just short of the two-thirds threshold in the lower chamber.

But the new maps, which Democratic Gov. Tony Evers signed in February after it was passed by the legislature, will make it all but impossible for the GOP to retain those skewed margins.

That's because Joe Biden would have carried 18 Senate districts under the new boundaries compared to 15 for Donald Trump, according to VEST data from Dave's Redistricting App. That's a stark difference from the old map, which gave Trump a 22-11 edge—figures that mirror the Republicans' current numbers there.

In total, six Democratic-held seats will be on the ballot in 2024 compared with 10 for Republicans. Four of those 10 GOP seats went for Biden, giving Democrats the chance to win them all. Every Democratic seat, by contrast, was also won by Biden.

The AP's Richmond reports Wisconsin Democrats are targeting these four Biden-Republican seats, as well as one swingy Democratic constituency that could be vulnerable, with ads set to begin after the state's Aug. 13 primaries. In each case, the president's margin was in single digits, so all will be competitive affairs.

The Democrats' best pickup target may be the 18th District, an open seat that stretches from Appleton south to Oshkosh and favored Biden 53-45. Republicans will choose between physician Anthony Phillips and businessman Blong Yang. The Democratic frontrunner, meanwhile, is Appleton Alderperson Kristin Alfheim. (Wisconsin's filing deadline isn't until June 3, so the roster of candidates in each of these races may not be set.)

The GOP also doesn't have an incumbent defending the 30th District in the Green Bay area, which backed Biden by a smaller 51-47 spread. Business consultant Jamie Wall announced in March that he'd seek the Democratic nod to take on Republican Sen. Eric Wimberger, but the incumbent later opted to relocate to the dark red 2nd District next door. The GOP doesn't lack a candidate here, though, as Allouez Village President Jim Rafter launched a bid soon after Wimberger switched races.

Two Republican senators, meanwhile, are seeking reelection in competitive constituencies. Sen. Joan Ballweg is defending the 14th District to the north of Madison against Democrat Sarah Keyeski, who works as a mental health counselor. Biden also prevailed 51-47 here.

GOP Sen. Duey Stroebel, meanwhile, is trying to hold the 8th District, a seat in Milwaukee's northern suburbs that went for Biden by just half a percentage point. Environmental attorney Jodi Habush Sinykin, who rose to prominence in a competitive special election last year, has the Democratic nod to herself.

Habush Sinykin campaigned in 2023 for the previous version of the 8th, which favored Trump 52-47, in a contest that took place following former GOP Sen. Alberta Darling's resignation. Habush Sinykin outperformed those presidential baselines but narrowly lost to state Rep. Dan Knodl by a 51-49 margin.

But while Knodl's victory returned the GOP to supermajority status, he didn't have long to enjoy his promotion. The new maps placed Knodl and Stroebel in the same Senate district, prompting Knodl to run for his old seat in the Assembly rather than oppose his new colleague. (Knodl will instead take on Rep. Janel Brandtjen, an election denier he beat in last year's special election primary.)

Meanwhile, the only vulnerable Democratic-held seat up this year belongs to Sen. Brad Pfaff, whose 32nd District around La Crosse favored Biden 52-46. Pfaff lost a close contest in 2022 for the 3rd Congressional District to Republican Derrick Van Orden, but he opted to seek reelection rather than try for a rematch.

Pfaff's only announced Republican opponent is Trempealeau County Board member Stacey Klein, who abandoned her hopeless campaign to take on Democratic U.S. Sen. Tammy Baldwin last month to instead run for the legislature.

Should Democrats run the table by holding all their current seats and flipping the four Biden-Republican districts, the GOP would still hold a small 18-15 advantage overall. It's unlikely Democrats can hope for much more this year because the remaining six Republican seats all went for Trump by double-digit margins, though three more winnable Biden districts held by Republicans will be up in 2026.

These Senate races won't be the only closely watched legislative contests in the state, though, as Democrats are also working to flip the Assembly. And unlike in the Senate, Democrats have a chance to secure a majority this year: While the GOP holds an imposing 64-35 majority, all 99 representatives are up for new two-year terms. (Members of the assembly, somewhat confusingly, hold the title of representative rather than assemblymember or something similar.)

Trump carried 64 districts under the old boundaries, which, like the Senate, matches the number of constituencies his party holds. However, Trump took just 50 seats under the new map, which gives Democrats the chance to take their first majority since the 2010 red wave.

Senate

MD-Sen: Inside Elections' Jacob Rubashkin reports that EMILYs List has now spent a total of $2.5 million on ads to help Prince George's County Executive Angela Alsobrooks beat Rep. David Trone in Tuesday's Democratic primary. EMILYs previously reported spending $1.6 million on television and digital platforms in FEC documents filed May 3.

NV-Sen: A billionaire-backed super PAC supporting Army veteran Sam Brown is now running ads attacking former diplomat Jeff Gunter despite a poll last month that showed Brown with a monster lead in Nevada's June 11 GOP primary.

The new spot for Duty First Nevada, which is chiefly funded by software company mogul David Duffield, hammers Gunter, a dermatologist appointed by Donald Trump as ambassador to Iceland in 2018, as an "infomercial doctor" and "longtime California Democrat" who "cashed in telling seniors he could reverse their age."

The ad features clips of those late-night infomercials, in which Gunter hawked a purported wrinkle-removing "serum" under the auspices of an outfit he created called the "Youthology Research Institute."

The commercial goes on to claim Gunter has never voted in Nevada and didn't vote for Trump's reelection in 2020. The Daily Beast's Sam Brodey reported last year that Gunter registered to vote as a Democrat in 2000 in California, where he grew up and started his medical practice and that he last cast a ballot in the Golden State in 2018.

Brodey also wrote that there's no record of Gunter voting anywhere in 2020. The longtime Nevada property owner registered to vote in the Silver State the following year, but he does not appear to have returned the 2022 absentee ballot he requested. (Gunter made that request from California.)

Duty First Nevada has yet to file reports detailing its spending on this new ad campaign, but it previously spent $1.2 million to boost Brown's campaign. That the PAC feels it necessary to get involved to this degree is something of a surprise, though, as an early April survey for the NRSC, which is backing Brown, showed him with a 58-3 lead on Gunter.

House

MD-03: Retiring Sen. Ben Cardin expressed his support for state Sen. Sarah Elfreth's bid for the Democratic nomination in Maryland's open 3rd Congressional District, both appearing with her at a campaign event and telling the Baltimore Sun in a statement that "she is ready for the job." Cardin himself represented previous versions of the safely blue 3rd District for the 20 years preceding his successful Senate bid in 2006.

According to the Sun's Dana Munro, Cardin's team claims his involvement in the race for his old seat did not constitute "a formal endorsement," but of course, there's no such thing as a formal endorsement. And as we always note when politicians insist on playing games like this, actions speak far louder than words.

It's particularly unclear why Cardin would even want to hedge in this case, since he offered effusive praise for Elfreth, calling her "one of our great leaders" on climate change and saying she "knows how to get things accomplished." Regardless of what Cardin might call it, we call that an endorsement.

Elfreth is an apparent frontrunner in the massive 21-candidate primary that will take place next week, along with former Capitol police officer Harry Dunn. Dunn has raised more than $4.5 million for his campaign while Elfreth has benefited from almost $4.2 million in spending from the United Democracy Project, a super PAC affiliated with AIPAC.

But while UDP had previously stuck to airing positive ads for most of the campaign, it just deployed a new commercial that argues Dunn should be "ashamed of himself" for running negative spots against Elfreth. (Those Dunn ads went after the state senator for benefiting from spending from AIPAC, which his narrator characterized as a "right-wing SuperPAC funded by Trump donors.")

UDP's new spot doesn't say anything more about Dunn, though. Instead, it moves on to praise Elfreth as a loyal Democrat who is "as anti-Trump as they come." Another ad focuses entirely on reproductive rights and doesn't mention Dunn.

MD-06: Former Commerce Department official April McClain Delaney has released an internal poll from Garin-Hart-Yang that shows her leading Del. Joe Vogel 37-24 in Tuesday's Democratic primary, with 22% undecided and the balance split between the rest of the field. (A total of 16 names are listed on the ballot, though some candidates have dropped out.)

Delaney publicized her survey days after Vogel's allies at Equality PAC released a late April poll from Public Policy Polling that showed the two deadlocked 24-24 in the contest to replace Senate candidate David Trone, a fellow Democrat. We have not seen any other recent polls.

NH-02: Maggie Goodlander, a former official in the Biden administration who had reportedly been considering a bid for New Hampshire's open 2nd District, joined the September primary for the Democratic nomination on Thursday.

Goodlander, who was once an aide to the late Sens. Joe Lieberman and John McCain, has deep connections to the White House. The Boston Globe's James Pindell last month characterized her as part of an "elite circle of aides to President Biden," which includes her husband, National Security Advisor Jake Sullivan.

Goodlander grew up in the 2nd District (her mother, Betty Tamposi, lost a close GOP primary for a previous version of the seat in 1988), and she touted her local roots in her kickoff. However, Pindell notes that she and Sullivan purchased a home in 2018 in Portsmouth, which is located in the 1st District. Goodlander says she recently signed a lease for a residence in her hometown of Nashua in the 2nd.

Goodlander is the third notable Democrat to enter the race, following state Sen. Becky Whitley and former Executive Councilor Colin Van Ostern, who has the endorsement of retiring Rep. Annie Kuster.

NJ-10: Hudson County Commission Jerry Walker has joined the July 16 Democratic primary for the special election to replace Rep. Donald Payne Jr., who died last month. Candidate filing for the race for this safely blue seat in the Newark area closes at 4 PM ET today.

SC-04: Rep. William Timmons is now airing negative ads against state Rep. Adam Morgan ahead of their June 11 Republican primary showdown for South Carolina's 4th District, a safely red constituency in the Greenville area. The narrator accuses Morgan of missing "over 400 votes" in the legislature before reminding viewers that Timmons has Donald Trump's endorsement.

Morgan, who chairs his chamber's far-right Freedom Caucus, received an endorsement this week from the eponymous congressional group. Republicans in Congress who resent the antics of the nihilistic caucus, though, got a new reason this week to dread what might happen if Morgan were to join the House.

The final days of South Carolina's legislative session were defined by a chaotic battle between Morgan's Freedom Caucus and the rest of the GOP-led state House. Morgan upset most of his fellow Republicans when he unsuccessfully attempted to bar state agencies from sending voter registration forms to non-citizens.

"These are stunts … circus antics, people," said one exasperated Republican, state Rep. Gil Gatch. Micah Caskey, another Republican lawmaker who is no fan of Morgan's crew, went even further by addressing the lower chamber while donning a tinfoil hat labeled "South Carolina Freedom Caucus."

Obituaries

Pete McCloskey: Former California Rep. Pete McCloskey, a liberal Republican who rose to national prominence in 1972 by challenging President Richard Nixon for renomination as an anti-Vietnam War candidate, died Wednesday at age 96. McCloskey, as Margaret O'Mara wrote in her book "The Code," also played a role in Silicon Valley's rise as a technological powerhouse.

McCloskey first made his mark in politics in 1967 by beating another well-known Republican, former child star Shirley Temple Black, 34-22 in the first round of an all-party special election for a House seat in the Bay Area. (McCloskey's surprise win was the basis of a 1968 nonfiction book, "The Sinking of the Lollipop.")

McCloskey easily won the general election and served in the House for many years. In 1982, however, he sought a promotion to the Senate but ended with a 38-25 loss in the primary to the eventual winner, San Diego Mayor Pete Wilson. You can find much more about McCloskey's eventful career, including a quixotic 2006 primary bid against a conservative congressman that helped Democrats flip the Bay Area's last GOP-held seat, in the San Jose Mercury News' obituary.

Grab Bag

Where Are They Now? Federal prosecutors have re-indicted former Republican Rep. Jeff Fortenberry for lying to federal agents in connection with an effort to funnel $30,000 to Fortenberry's campaign via straw donors.

While Fortenberry was convicted by a jury in Los Angeles in 2022, a federal appeals court overturned his conviction late last year, saying prosecutors had tried him in the wrong jurisdiction.

The Department of Justice had brought charges against Fortenberry in Los Angeles, where the straw-donor scheme was originally put in motion by a Lebanese-Nigerian billionaire. However, the false statements for which the jury convicted the then-congressman were made in Washington, D.C., and at his home in Lincoln, Nebraska. To resolve the problem, prosecutors have brought their renewed charges in D.C.

Fortenberry announced his resignation from Nebraska's conservative 1st District two days after his conviction in 2022. He was sentenced later that year to two years' probation, 320 hours of community service, and a $25,000 fine. In a statement responding to the new charges, an attorney for Fortenberry did not appear to address his client's culpability but rather accused the Justice Department of "overzealous prosecution."

Poll Pile

  • NC-Gov: Cygnal (R) for Carolina Journal: Josh Stein (D): 39, Mark Robinson (R): 39, Mike Ross (L): 4, Wayne Turner (G): 1 (43-38 Trump) (April: 40-38 Robinson)
  • NC Supreme Court: Cygnal (R) for Carolina Journal: Jefferson Griffin (R): 40, Allison Riggs (D-inc): 39

Ad Roundup

Morning Digest: Sen. Ben Cardin isn’t running next year, but these Maryland Democrats might

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

Subscribe to The Downballot, our weekly podcast

Leading Off

MD-Sen: Democratic Sen. Ben Cardin announced Monday that he would not seek a fourth term next year in Maryland, a decision that marks the beginning of the end for a political career that started in 1966 when he was still in law school. There's little question that Cardin's party will hold his seat in a state that favored Joe Biden 64-32 and where Republicans last won a Senate race in 1980, but there's already a great deal of interest among Old Line State Democrats in succeeding him.

Politico reported back in February that Prince George’s County Executive Angela Alsobrooks, who would be the first Black woman to represent Maryland in the upper chamber, was already hiring people for a campaign, and she said that same month she would consider running if Cardin didn’t. The chatter only intensified Monday after the incumbent revealed his plans: Politico says she’d “almost certain” to jump in, while Maryland Matters’ Josh Kurtz anticipates she’ll launch “before the end of the month.” Alsobrooks was elected in 2018 to lead her populous and very blue community in the D.C. suburbs, and observers have credited her support for now-Gov. Wes Moore as an important factor in his close primary victory last year.

Another contender that Politico writes is all but assured to compete is Rep. David Trone, the Total Wine & More co-founder whom Insider ranked as the 17th wealthiest member of Congress in 2021. The moderate congressman, says the story, already knows who would likely be his campaign manager, and while Trone declined to answer Monday when asked if he intends to seek a promotion, Kurtz adds that his launch could come as soon as this week. Trone self-funded what was a record $13 million in his failed 2016 primary bid for the 8th Congressional District before pumping in a total of $33 million during his subsequent three victorious campaigns for the 6th, and Time Magazine reports he’s told allies he intends to deploy as much as $50 million of his own money to succeed Cardin.

Another name to watch is Rep. Jamie Raskin, a progressive favorite who defeated Trone in that 2016 primary. Raskin, who recently finished a successful treatment for diffuse large B cell lymphoma, said through his aides he was considering a statewide campaign. Kurtz, though, believes it’s more likely the congressman will stay in the lower chamber. 

Montgomery County Councilmember Will Jawando, meanwhile, said two weeks ago he was thinking about a Senate bid, and Maryland Matters now writes he’s “preparing to run.” The councilmember, whose father immigrated to the U.S. from Nigeria, would be Maryland’s first Black senator. Jawando also competed in that 2016 primary for the 8th District and finished with just 5%, but he won his current countywide seat two years later; Kurtz predicts that, should Raskin go for Senate after all, Jawando would instead run for the 8th again.  

But wait, there’s more! Baltimore County Executive Johnny Olszewski’s team also says their boss is interested, and unlike the aforementioned four officeholders, his geographic base of support comes from the Baltimore suburbs rather than the D.C. area. (Baltimore County is a separate jurisdiction from the neighboring city of Baltimore.) The executive, though, has also been eyeing a campaign for the 2nd District should veteran Rep. Dutch Ruppersberger retire; a spokesperson for the 77-year-old congressman said Ruppersberger “has not made any decisions about the next term, nor does he have a timeline to do so.”

Kurtz additionally names Rep. John Sarbanes as another person who is “expected to consider,” though there’s no word from the congressman. Sarbanes is the son of Cardin’s predecessor, the late Paul Sarbanes, and he mulled a bid for the state’s other Senate seat in 2015 before opting to stay put. The congressman, though, doesn’t appear to have been getting ready for a campaign for his father’s old seat, though, as he raised just $10,000 during the first three months of 2023.

FiveThirtyEight’s Geoffrey Skelley also offers former DNC chair Tom Perez, who narrowly lost this primary to Moore last year, as a possibility, though Perez doesn’t appear to have said anything about a bid. There’s additionally talk that Sierra Club Executive Director Ben Jealous, who badly lost the 2018 race for governor to Republican incumbent Larry Hogan, could go for it, though a former Jealous aide tells Politico “he has made clear to them that his preference is for Jamie Raskin to run.”

The GOP wish list, by contrast, pretty much starts and ends with Hogan, who left office earlier this year, but he once again doesn’t sound at all likely to go for it. The party unsuccessfully recruited the outgoing governor to take on Democratic Sen. Chris Van Hollen last year, and a source told Politico that his response to their new charm offensive was to again say that “he has never been interested in the Senate.” On Monday, the head of Hogan’s political organization forwarded Maryland Matters that article when asked if the former governor was now thinking about making the race.

Whoever eventually wins will succeed a senator who, despite one tough race in 2006, never lost an election in a career that began when Lyndon Johnson was in the White House. Cardin grew up in a notable Baltimore political family that included his father, Meyer Cardin, who was elected to his sole four-year term state House in 1934 and later became a judge. An uncle, Maurice Cardin, enjoyed a 20-year career in the lower chamber, but he made it clear to his nephew that he wanted him as his successor when he retired.

That day came in 1966 when Ben Cardin was 23 and still a University of Maryland law student: Maurice Cardin himself recounted in 1982 that as the pair stood outside a polling place on Election Day voters went up to him rather than the soon-to-be-victorious candidate and said, "I voted for you again." The younger Cardin himself would say in 2006, "I worked hard in that [first] election, but I think it's fair to say that without the name, I wouldn't have won." But Cardin, with his uncle's encouragement, successfully sought a post on the powerful Ways and Means Committee and quickly became a respected member, and he went on to chair the body.

The delegate rose further in the state House by securing enough support to become speaker even before Election Day 1978, and the 35-year-old became the youngest person in state history up until that point to lead the chamber. Cardin, the Washington Post would write four years later, enjoyed "power [that] is almost absolute," and while there was talk he'd run as Gov. Harry Hughes running mate in 1982 to set himself up for a future bid for the top job, the speaker unsurprisingly opted to stay put. However, while Cardin said, "I would like to be governor some day," the paper noted that his name recognition was so low outside political circles that he'd had a tough time prevailing statewide.

While the speaker did eye a 1986 bid for governor, he instead ran that year to replace Rep. Barbara Mikulski when she left the safely Democratic 3rd District behind to wage a victorious Senate bid. Cardin easily claimed the nomination to replace her ahead of an overwhelming win, and he never had trouble holding his seat. The congressman, just like he did in the legislature, went on to become a member of the Ways & Means Committee and respected policy wonk, though essentially everyone agreed he was anything but a compelling orator. Cardin did spend much of 1997 mulling a primary campaign​ against Gov. Parris Glendening​, who suffered from low approval ratings, but the governor successfully maneuvered​ to keep him out​.  

Cardin finally got the chance to campaign statewide in the 2006 cycle when Maryland's other Democratic senator, Paul Sarbanes, retired, and what followed were the only seriously contested primary and general election campaigns he’d ever go through. His most prominent intra-party foe was former NAACP president Kweisi Mfume, a former congressman who would have been the state's first Black senator.

Cardin enjoyed a big financial advantage and considerably more support from powerful state Democrats, but Mfume's charisma and deep ties with the state's large African American population made him a formidable opponent. Cardin won by a tight 44-41 margin but immediately had to prepare for an expensive showdown with Lt. Gov. Michael Steele, who was Maryland’s first Black statewide elected official.

Democrats feared that, despite George W. Bush's horrible approval ratings, Steele could win enough African American support to pose a serious threat to Cardin. "The challenge of the opportunity is to build a bridge to communities the Democratic Party has taken for granted and has, by its choice of nominee," Steele declared on the campaign trail, while Mfume himself warned his party it wasn't doing enough to appeal to Black voters. This was another contest where Cardin, who joked in his own campaign ads, "Who says I'm not flashy?" faced a far more charismatic opponent, but he and his allies pushed back by tying Steele to Bush.

Cardin aired a spot late in the campaign where actor Michael J. Fox, who has Parkinson's disease, told the audience that Steele wanted to "put limits on the most promising stem cell research." The Republican responded with his own commercial featuring his sister, a pediatrician who has multiple sclerosis, pushing back and condemning Cardin, but it wasn't enough. The Democrat prevailed 54-44, though Steele's losing effort helped launch him to a high-profile and turbulent career helming the Republican National Committee from 2009 to 2011; Mfume, for his part, returned to the House in a 2020 special election.

Cardin had a far easier time in 2012 when he turned back a primary challenge from state Sen. C. Anthony Muse, who had made a name for himself as a prominent opponent of same-sex marriage, 74-16. The incumbent went on to win a low-profile general election 56-26 against Republican Dan Bongino, a former Secret Service agent who would almost win a House race two years later before reinventing himself as a Trumpian commentator.

The Cardin family suffered a political setback in the 2014 primary for attorney general when the senator's nephew, Del. Jon Cardin, took a distant second to eventual winner Brian Frosh, but Ben Cardin himself remained entrenched at home. In 2018 he won renomination in an 80-6 landslide over Chelsea Manning, the former Army soldier who was convicted of giving hundreds of thousands of classified military reports to the site Wikileaks, and he secured his final term with ease months later.

Election Night

Lincoln, NE Mayor: Republicans on Tuesday are hoping to oust Lincoln Mayor Leirion Gaylor Baird, who is one of the few prominent Democrats who holds elected office in Nebraska, and the Flatwater Free Press' Ryan Hoffman reports that one family is spending huge to do it.

The Peed family, which owns the Lincoln-based information processing giant Sandhills Global, and their company together donated $1.1 million through April 17 to former Republican state Sen. Suzanne Geist's campaign, which Hoffman says represents about two-thirds of all the money that the candidate has received, and another $535,000 to her allied PAC. The Peeds have not revealed why they're hoping to unseat Gaylor Baird in the officially nonpartisan race, though they've become prolific GOP donors since 2020. Gaylor Baird, for her part, is hoping to portray Geist as "beholden" to her contributors.

Senate

MI-Sen: John Tuttle, who serves as vice chair of the New York Stock Exchange, is the newest Republican name to surface as a possible contender in a race where the party doesn't currently have any viable options. Politico's Ally Mutnick writes that Tuttle, who "splits his time" between New York and Michigan, is mulling over the idea, and NRSC chair Steve Daines praised him as "a strong potential recruit."

NJ-Sen: The New Jersey Globe writes that no notable Republicans appear interested in taking on Democratic incumbent Robert Menendez even as he's under federal investigation for corruption, though the article mentioned state Sen. Mike Testa, Assemblywoman Aura Dunn, and Warren County Commissioner Lori Ciesla as possible just-in-case contenders.  

NY-Sen: A spokesperson for Rep. Alexandria Ocasio-Cortez played down talk that her boss could challenge Sen. Kirsten Gillibrand for renomination, telling Politico, "She is not planning to run for Senate in 2024. She is not planning to primary Gillibrand." That answer, as the story notes, isn't quite a no, but fellow Rep. Jamaal Bowman adds that he hasn't heard any discussion of AOC running "for months or weeks."

Politico adds that, while former Rep. Mondaire Jones mulled his own campaign against Gillibrand a while back, he's now decided not to go for it and is focusing on his likely bid to regain the 17th Congressional District from Republican incumbent Mike Lawler. Disgraced former Gov. Andrew Cuomo's camp, though, characteristically didn't comment when asked about his own interest in a Senate run, which at least keeps this bit of chatter alive.  

TX-Sen: Rep. Colin Allred, reports Politico, plans to announce "as soon as this week" that he'll challenge Republican Sen. Ted Cruz, a development that would give Democrats a prominent candidate in a tough state.

WI-Sen: An unnamed source tells The Dispatch that businessman Kevin Nicholson is "keeping a close eye on" getting into the GOP primary to face Democratic incumbent Tammy Baldwin, a contest where the party is waiting for its first viable contender to step up. Nicholson is a former College Democrats of America president who lost the 2018 primary to face Baldwin and dropped out of last year's nomination contest for governor.

WV-Sen: The far-right Club for Growth has launched its first TV ad against Gov. Jim Justice ahead of next year's GOP primary for $10,000, which is about how much money its endorsed candidate, Rep. Alex Mooney, devoted to his first anti-Justice broadside. This minute-long spot, which like Mooney's offering seemed to be aimed more at attracting media attention than getting seen on TV, excoriates the governor as a greedy coal billionaire who "got filthy rich by stiffing working people and small businesses out of millions, leaving a trail of tears and broken promises on his way to the Fortune 400 list."

Governors

NH-Gov: Manchester Mayor Joyce Craig on Monday formed an exploratory committee, a step no other Democrats have taken yet as they wait to see if GOP Gov. Chris Sununu will seek another term next year. Craig, who didn't say how she'd be affected by the incumbent's deliberations, kicked off her effort with support from former Gov. John Lynch, who left office in 2013 after completing his fourth two-year term.

Later in the day 2022 nominee Tom Sherman said he would not be running again, but another Democrat isn't dismissing chatter she could campaign for governor. Executive Councilor Cinde Warmington, who has reportedly been thinking about running, responded to Craig's announcement by saying, "There will be plenty of time for politics later."

WA-Gov: Washington Gov. Jay Inslee declared Monday that he wouldn't seek what would have been a historic fourth term as chief executive of the Evergreen State, a move that will set off a battle to succeed him next year. Under state election law all the candidates will run on one ballot rather than in separate party primaries, and the top two contenders, regardless of party, will advance to the general election. Republicans haven't won this office since the late John Spellman prevailed in 1980, though Inslee himself only narrowly prevailed the last time this post was open in 2012.

Two of Inslee's fellow Democrats, Attorney General Bob Ferguson and Public Lands Commissioner Hilary Franz, have long said they'd be interested in running whenever he retired, and the Seattle Times relays that each of them are "expected to quickly announce" their bids. King County Executive Dow Constantine, though, said in March he'd be staying put.

The GOP has a small bench in this longtime Democratic bastion, and it remains to be seen if the party will be able to mount a strong effort at a time when it has no statewide elected officials to turn to. The Dispatch reported in February that former Rep. Jaime Herrera Beutler was interested, though we haven't heard anything new since. Pierce County Executive Bruce Dammeier, however, took his name out of contention over a month ago.

Inslee's departure marks the conclusion of a career that that's seen both plenty of triumphs and some big setbacks. The Democrat first won office in 1988 when he pulled off a close victory for the state House, and he sought a promotion four years later by running for the open 4th Congressional District in the rural central part of the state.

Inslee managed to advance to the general election by edging out Democratic state Sen. Jim Jesernig 23-22 in the blanket primary, a precursor to the modern top-two primary, but he faced a tough fight in the fall against Republican colleague Doc Hastings. Inslee won 51-49 at the same time that, according to analyst Kiernan Park-Egan, George H.W. Bush was carrying the seat 43-35 over Bill Clinton (independent Ross Perot secured another 22%), but he had little time to rest up.

Hastings came back for a rematch in 1994 and emphasized the incumbent's support for the Clinton administration's assault weapons ban, a vote the Democrat would acknowledge hurt him at home. The GOP wave hit Washington hard and Hastings unseated Inslee 53-47 at the same time that Speaker Tom Foley was losing re-election to George Nethercutt in the neighboring 5th District, and both constituencies have remained in GOP hands ever since. Another victor that year was Republican Rick White, who denied then-Rep. Maria Cantwell a second term in the 1st District near Seattle.

But while that disastrous cycle ended plenty of Democratic careers (though not Cantwell’s), Inslee was determined that his would not be one of them. The ousted congressman, who soon moved to the Puget Sound community of Bainbridge Island, announced a 1996 campaign for governor and said of his recent defeat, "What it showed was when you vote your convictions over political expediency, on occasion it's not good for your career." Inslee, though, struggled to gain traction in a field that included the eventual winner, Democratic King County Executive Gary Locke, as well as Seattle Mayor Norm Rice, and he finished fifth in the blanket primary with just 10%.

Inslee then set his sights on a 1998 House comeback bid against White in a constituency that, per Park-Egan, had supported Clinton 51-37 two years before. Inslee, who had no intra-party opposition this time, was in for a difficult fight in a seat both parties identified as a major battleground, and White's 50-44 lead in the blanket primary seemed to foreshadow another uphill race for the Democrat.

The incumbent, though, wasn't as strong as he appeared to be. White had just gone through a high-profile divorce, and he feared that the third-party candidacy of social conservative Bruce Craswell would cost him some much-needed support. Inslee, meanwhile, ran ads blasting the Republicans for waging a long impeachment battle against Clinton, which proved to be a compelling argument that year. Inslee got back to the House by winning 49.8-44.1, with Craswell taking the balance.

Inslee's second stint in Washington, D.C., went far better for him than his first, and he never failed to win re-election by double digits. The Democrat, however, decided to give up his secure seat in 2012 for another campaign for governor even though retiring incumbent Christine Gregoire's weak approval ratings presented a big opening for the GOP. Republicans quickly consolidated around Attorney General Rob McKenna, who had scored a 59-41 victory in 2008 during an awful year for his party, while Inslee also had no serious intra-party opposition.

Most polls through July showed McKenna in the lead but Inslee, who resigned his seat to focus on his statewide bid, worked hard to tie his opponent to unpopular national Republicans. The Democrat, in one debate, responded to the attorney general's declaration that he didn't want Washington to be a place where a third of residents were on Medicare by saying, "Remember when Mitt Romney talked about the 47% that just weren't sort of part of our family in a sense? And now my opponent says that this one out of three somehow should not have insurance." McKenna worked to win over enough Obama voters to prevail, but he wasn't able to take quite enough: Inslee instead scored a 52-48 victory at a time when the president was carrying Washington 56-41.

The new governor got a big setback before he took office when two renegade Democrats in the state Senate, Tim Sheldon and Rodney Tom, put the GOP minority in charge of the chamber even though Democrats nominally held a 26-23 edge. Inslee himself appeared to be a tempting target for 2016 after several polls showed him with an unimpressive approval rating, but potentially strong GOP foes like McKenna and Rep. Dave Reichert sat the race out. The Republican who eventually stepped forward, Port of Seattle Commissioner Bill Bryant, struggled with fundraising, and the governor beat him 54-46 as Hillary Clinton was scoring a 53-37 victory here.

Inslee had a better second term, especially after a 2017 special election put his party in control of the state Senate at long last, and in 2019 he joined a crowded presidential field. The governor's would-be successors, though, found themselves waiting for months to see if he'd turn around and seek a third term at home, which is exactly what happened when Inslee ended his White House quest in the face of poor polling. Inslee went on to become the first three-term governor since Dan Evans secured re-election in 1972 after he scored an easy 57-43 victory over far-right foe Loren Culp, a former small-town police chief who refused to recognize his landslide loss.

House

NY-03: Former state Sen. Anna Kaplan filed FEC paperwork Monday for a potential Democratic primary bid for the seat still held by scandal-drenched incumbent George Santos.

Kaplan, a Jewish refugee from Iran who came to the United States as a child, was a North Hempstead town councilwoman when she took fourth place in the 2016 nomination fight for a previous version of this seat. She had far more success two years later when she decisively unseated Republican state Sen. Elaine Phillips, but Kaplan went on to lose her 2022 general election to former state Sen. Jack Martins 53-47. Martins himself didn't rule out a campaign of his own against Santos in January, though he didn't sound likely to go for it.

WA-03: Camas City Councilor Leslie Lewallen announced last week that she'd run as a Republican in next year's top-two primary to face freshman Democratic Rep. Marie Gluesenkamp Perez. Lewallen, whose city has a population of just over 27,000, argued, "We already have a plan to raise more than the $5 million it will take to win this seat." This southwestern Washington constituency favored Donald Trump 51-47.

Lewallen joins a field that already includes Joe Kent, the far-right Republican who announced in December that he'd run to avenge his 50.1-49.9 upset loss against Gluesenkamp Perez from the month before. The incumbent, though, massively outraised Kent $820,000 to $200,000 during the first quarter of 2023, and she finished March with a $660,000 to $210,000 cash-on-edge advantage.

Morning Digest: Elections chief who advanced the Big Lie launches bid for West Virginia governor

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

WV-Gov, WV-Sen: Secretary of State Mac Warner, who runs West Virginia's elections even as he's helped spread election conspiracy theories, announced Tuesday that he was joining the 2024 primary to succeed his fellow Republican, termed-out Gov. Jim Justice.

Warner kicked off his campaign with a speech emphasizing service in the Army's Judge Advocate General's Corps and declaring, "It is time to call-out the radical, woke, dangerous and ridiculous policies of the 'progressive' Administration in Washington, D.C." West Virginia Metro News' Brad McElhinny notes that in that address, the secretary of state "did not mention issues specific to West Virginia."

Warner, who won his job in 2016 by narrowly unseating Democratic incumbent Natalie Tennant, was respected by fellow election officials heading into the 2020 contest for his efforts to combat misinformation, but that very much changed after Election Day. That's because Warner, who had just decisively defeated Tennant in their rematch, spent the next weeks backing up lies about Donald Trump's defeat.

Warner appeared at a December "March for Trump" rally in the state, where he appeared to be holding up a "Stop the Steal" sign. He later said he didn't actually think he'd hoisted that particular banner, but there's no question the secretary of state told Trump's fans at that gathering that it was "so important to keep him in office."

Warner also supported Texas Attorney General Ken Paxton's failed lawsuit to invalidate Joe Biden's win in four swing states. While he insisted he was concerned whether changes states made in how late mail-in ballots could be received were constitutional, Warner also spread lies alleging, "When cardboard is put over windows, when two cases of ballots come out, when ballots are pre-marked or don't have folds on it—there's all those things. Those are red flags that need to be looked at and not just discounted, and that's what the mainstream media wants us to do."

Warner the following year was the one person at the National Association of Secretaries of State meeting to vote against a bipartisan proposal by his colleagues to set a standard for election audits, and he soon withdrew from the group in protest. (Missouri's Jay Ashcroft, who is also likely to run in 2024 for governor of his own state, abstained.)

In a recent interview with the New York Times, Warner acknowledged Biden "was elected," but he still questioned if that contest was fairly run. He also argued that congressional Democrats' efforts to expand voting rights and the U.S. Supreme Court's refusal to hear Paxton's suit are "what spurred on the Jan. 6 people."

Warner joins a GOP primary that includes Del. Moore Capito and auto dealer Chris Miller, both of who come from prominent Mountain State political families. Capito is the son of Sen. Shelly Moore Capito and grandson of the late Gov. Arch Moore, while Miller's mother is Rep. Carol Miller. Warner also has some notable relatives: His wife, Debbie Warner, was recently elected to the state House, while his brother Monty Warner badly lost the 2004 gubernatorial race to Democrat Joe Manchin. Another brother currently leads the West Virginia Economic Development Authority.

The contest to replace Justice could expand further, as Auditor JB McCuskey has talked about getting in. Attorney General Patrick Morrisey, who lost the 2018 Senate race to Manchin, also put out a video Tuesday reiterating he was "still evaluating my options as to whether I'm going to run for U.S. Senate or for governor … We're coming soon." While Morrisey didn't indicate which office he was leaning towards, McElhinny noted that the attorney general's message urging voters not to "settle for second best" went up as Warner was still delivering his announcement speech.

The Downballot

 Hell yeah! Election season is already here, and it's off to an amazing start with Democrats' huge flip of a critical seat in the Virginia state Senate, which kicks off this week's episode of The Downballot. Co-hosts David Nir and David Beard dissect what Aaron Rouse's victory means for November (abortion is still issue #1!) when every seat in the legislature will be on the ballot. They also discuss big goings-on in two U.S. Senate races: California, where Rep. Katie Porter just became the first Democrat to kick off a bid despite Sen. Dianne Feinstein's lack of a decision about her own future, and Michigan, which just saw veteran Democratic Sen. Debbie Stabenow announce her retirement.

The Davids also delve back into a topic that frequently came up last year: redistricting. Didn't every state just draw new maps? you might ask. Yes! But many have to do so again, thanks to court rulings. Unfortunately, this gives Republicans in North Carolina and Ohio the opportunity to gerrymander once more, though there's an outside chance some Southern states could be required to draw new congressional districts where Black voters can elect their candidates of choice.

New episodes of The Downballot come out every Thursday morning. You can subscribe on Apple Podcasts to make sure you never miss a show. You'll find a transcript of this week's episode right here by noon Eastern Time.

Senate

AZ-Sen: The Democratic firm Blueprint Polling has released numbers showing conspiracy theorist Kari Lake, who was the 2022 Republican nominee for governor, leading Democratic Rep. Ruben Gallego 36-32 as independent Sen. Kyrsten Sinema grabs 14%. None of these people have said they'll be running for the Senate in 2024, though Gallego has been hiring staff for a likely campaign. The firm says this poll was done "with no input or funding from any candidate, committee, or interest group."

CA-Sen: Multiple media outlets reported Wednesday that longtime Rep. Barbara Lee told the Congressional Black Caucus she planned to run for the Senate seat held by her fellow Democrat, incumbent Dianne Feinstein, but Lee herself did not commit to anything when reporters asked about her 2024 plans. "What I said was that I'm very sensitive and honoring Senator Feinstein," said Lee, who represents a heavily Democratic bastion that's home to Oakland and Berkeley. (Joe Biden performed better in Lee's new 12th District than he did in any of California's other 51 House seats.)

Lee, who has long been a national progressive favorite, told Politico in a separate interview she'd say what she's doing "when it's appropriate," adding, "I'm not really doing anything except letting colleagues know that there'll be a time to talk about the Senate race." The congresswoman also did not reveal if she was willing to challenge Feinstein if the 89-year-old incumbent surprised the political world and ran again. Rep. Katie Porter, a fellow Democrat who represents an Orange County seat, launched a bid on Tuesday and currently has the field to herself.

MD-Sen: Democratic Sen. Ben Cardin tells Politico he'll decide "probably in February or March" if he'll seek a fourth term.

MI-Sen: Wealthy businessman Perry Johnson, a Republican who failed to make the Republican primary ballot for governor last year, confirms he's interested in running for this open seat but has no timeline for deciding. Johnson spent $7 million of his own money last cycle before election authorities disqualified him after he and several other GOP contenders fell victim to a fraudulent signature scandal, and he unsuccessfully sued to try to get his name included. The ever-modest Johnson then began talking about a 2024 run for president after he decided to pass on a write-in effort.

Former Rep. Fred Upton, who was not on the 2022 ballot for anything by choice, meanwhile didn't quite dismiss a Senate campaign but sounds unlikely to go for it. The Republican noted he was 69 in his interview with MSNBC's Andrew Mitchell (the relevant portion begins at the 4:45 point) and said he was "probably not a candidate." Mitchell responded by noting he hadn't ruled it out, to which Upton replied, "I'm glad to be out of the Congress this last week, haven't thought about my future quite yet ... I guess you could say I've not ruled it out, but I'm really probably most inclined not to do so."

For the Democrats, Rep. Elissa Slotkin on Tuesday publicly confirmed for the first time she was "seriously considering" running to succeed retiring Sen. Debbie Stabenow, though she also didn't have a timeline to decide. Attorney General Dana Nessel, however, played down the possibility she'd run, declaring she believes she could "do the most good" in her current post. "That's where I intend to stay," said Nessel.

NE-Sen-B: Gov. Jim Pillen says he'll announce Thursday morning whom he'll appoint to succeed Ben Sasse, a fellow Republican who has resigned from the Senate to become president of the University of Florida.

Governors

KY-Gov: Former Ambassador to the United Nations Kelly Craft, who currently has the airwaves to herself ahead of the May Republican primary, is running a new ad focused on combating fentanyl.

LA-Gov: East Baton Rouge District Attorney Hillar Moore, a Democrat who is considering entering this year's race for governor, tells LaPolitics' Jeremy Alford, "I expect to have a decision in the next few weeks or sooner." Alford also writes that state Democratic chair Katie Bernhardt "sounds as serious as serious can get and will have something to say in a week or so." Bernhardt last week did not rule out a bid last week after her name was included in an unreleased poll.

House

CA-47: Former Rep. Harley Rouda, a Democrat who represented about two-thirds of this constituency from 2019 to 2021, announced Wednesday that he would run for the seat that Democratic incumbent Katie Porter is giving up to campaign for the Senate.

The only other declared candidate so far is former Orange County Republican Party chair Scott Baugh, who narrowly lost to Porter last cycle. This constituency, which includes coastal Orange County and Irvine, supported Biden 54-43, but this historically red area contains plenty of voters who are open to backing Republicans who aren’t named Donald Trump.

Rouda and Baugh previously faced off in the 2018 top-two primary to take on longtime Republican Rep. Dana Rohrabacher in the old 48th District in what turned out to be an expensive and consequential contest. Rouda and another first-time Democratic candidate, Hans Keirstead, spent months competing against the Putin-loving congressman, and it looked likely that one of them would advance to the general election. But everything changed just before the filing deadline when Baugh, who had previously served in the state Assembly in the 1990s, unexpectedly jumped in and threatened to lock Democrats out of the general election.

Baugh, though, was hardly running as a favor to Rohrabacher. The two Republicans used to be friends, and when Baugh began raising money in 2016 for a campaign, Rohrabacher initially took it in stride and said he was "just laying the foundation for a race for Congress when I am no longer a member ... but I don't know when that's going to be." Their relationship publicly collapsed, however, after Baugh refused to actually say he wouldn’t use that cash against the congressman.

Baugh didn’t run for anything in 2016, but he used the money he’d amassed that year for his last-second bid against Rohrabacher two years later. Democratic outside groups scrambled to make sure this nasty intra-party fight didn’t end up hurting their own chances to flip the seat, and the DCCC and House Majority PAC spent about $1.8 million on an effort mostly aimed at attacking Baugh. The DCCC, which supported Rouda, also made an effort to promote a third Republican, little-known candidate John Gabbard, to further splinter the vote.

This expensive undertaking proved to be just enough to avoid a disaster for Democrats in a contest where Rohrabacher, who was in no danger of being eliminated, grabbed first with 30%. Rouda edged out Keirstead 17.3-17.2, while Baugh was right behind with 16%; Gabbard finished with 3%, which may have been enough to hold back Baugh. Rouda went on to score a 54-46 victory over Rohrabacher, who never seemed to take his general election seriously.

Baugh unexpectedly turned down a rematch with Rouda in 2020, and Orange County Supervisor Michelle Steel instead stepped up to take on the new congressman. Steel proved to be a much tougher foe than Rohrabacher, and she managed to secure enough voters who’d turned against Trump but still favored Republicans down the ballot: Biden took the 48th 50-48, but Steel unseated Rouda 51-49.

Rouda quickly began running against Steel again, but that was before redistricting scrambled California’s map at the end of 2021. Rouda and Porter initially both planned to run for the new 47th District, and while Rouda had represented considerably more of the redrawn constituency than his former colleague, Porter went into 2022 with a massive financial edge and a national progressive base that allowed her to bring in far more. Rouda soon announced he wouldn’t run for anything that cycle, and Porter went on to beat Baugh 52-48 after a very expensive battle.

NY-03: Prominent Nassau County Republican officials held a press conference Wednesday calling for GOP Rep. George Santos to resign only for the scandal-drenched freshman to immediately say, "I will not." The state Conservative Party, which usually backs Republicans in general elections, also told Santos to get lost; Nick Langworthy, the 23rd District congressman who still leads the state GOP, later said he supported the Nassau County party's anti-Santos declaration.

Still, while there was no reason to think Santos would heed the calls for his departure, his former allies used their gathering to make it clear just what they thought of him. Nassau County GOP chair Joseph Cairo, whose community forms three quarters of the 3rd District (the balance is in Queens) even said that the freshman congressman had personally lied to him about being "a star on the" volleyball team at Baruch College, an institution Santos never attended.

Rep. Anthony D'Esposito, who was elected to the neighboring 4th District last year on the same night as Santos, said he "will not associate with him in Congress and I will encourage other representatives in the House of Representatives to join me in rejecting him." The county GOP even added that it would direct any constituent calls from Santos' district to D'Esposito, while county Executive Bruce Blakeman called the 3rd District congressman "a stain on the House of Representatives."

Speaker Kevin McCarthy, though, showed no interest in pressuring Santos to resign or trying to organize two-thirds of the House to expel him. (The last time this happened was 2002, when Democratic Rep. James Traficant of Ohio was ejected by his colleagues three months after he was found guilty on corruption charges.) McCarthy instead said, "The voters elected him to serve," adding, "Is there a charge against him? In America today, you're innocent until proven guilty."

While McCarthy did declare that Santos, who backed him last week in each of the 15 speakership votes, would not be assigned to any of the top House committees, he made it clear that he'd get to sit on some panels. The speaker, when reminded how Santos had lied about his biography, responded, "Yeah, so did a lot of people here, in the Senate and others, but the one thing I think, it's the voters who made that decision. He has to answer to the voters and the voters can make another decision in two years."

Legislatures

MI State House: Democrats last November flipped the state House to win a 56-54 edge, but Gorchow News Service notes the chamber would become tied for a few months should two members from the Detroit suburbs win their respective mayoral elections this November. State Rep. Kevin Coleman said last month that he would run to lead Westland, while colleague Lori Stone recently filed paperwork for a potential bid for mayor of Warren.  

Democrats would be favored to keep both of their constituencies should any special elections take place. According to data from Dave's Redistricting App, President Joe Biden carried Coleman's 25th House District 59-40, while he racked up an even larger 64-35 margin in Stone's HD-13.

Mayors and County Leaders

Jacksonville, FL Mayor: The two leading Republicans are continuing to attack one another ahead of the March nonpartisan primary, with City Councilwoman LeAnna Gutierrez Cumber's PAC airing a commercial declaring that Jacksonville Chamber of Commerce CEO Daniel Davis was "ready to sell out" the city by supporting the privatization of the municipal utility JEA.

"As CEO of the Chamber of Commerce, Davis took over $300,000 from JEA to promote privatization," declares the narrator, who argues this would have raised energy bills. The ad then plays audio of Davis saying, "I think more privatization should take place in the city of Jacksonville." Davis' own PAC recently went up with a commercial labeling Cumber a "fake conservative."

Montgomery County, PA Board of Commissioners: Gov.-elect Josh Shapiro announced Wednesday that he was nominating Montgomery County Board of Commissioners Chair Valerie Arkoosh, a fellow Democrat who succeeded him in 2016 as head of the state's third-largest county, to become the new state human services secretary. Should Arkoosh, who ran an aborted 2022 campaign for the U.S. Senate, be confirmed by two-thirds of the state Senate, it would be up to the County Court judges to pick her replacement on the three-member body.

Arkoosh's planned departure comes ahead of this year's local elections in this suburban Philadelphia county. All three Commission seats are elected countywide, and voters in November can select up to two candidates. However, each party can only nominate two candidates this May, so the body will wind up with a 2-1 split no matter what.

Republicans spent generations as the dominant party in Montgomery County, and they continued to control the Commission into the 21st century even as local voters began favoring Democratic presidential candidates. In 2011, though, Shapiro led his party to its first-ever majority, and there's no reason to think they're in danger of losing it this fall in what's become a heavily blue area.  

Prosecutors and Sheriffs

Philadelphia, PA District Attorney: The Republican-led state Senate voted Wednesday to indefinitely postpone its impeachment trial against Philadelphia District Attorney Larry Krasner, a decision that came weeks after the state's Commonwealth Court ruled that state House Republicans failed to demonstrate any of the legally required standards for "misbehavior in office" in their articles of impeachment. That ruling did not order the upper chamber to halt the planned Jan. 18 trial, and the House GOP has not yet said if it will appeal the decision.