Conservative courts order Wisconsin election to proceed—risks to health and democracy be damned

Posted on April 7, 2020 by Daily Kos Elections

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

Leading Off

• Wisconsin: A day of maximal chaos in Wisconsin ended with two conservative courts insisting Tuesday's election go forward and limiting absentee voting, moves that threaten to prevent countless voters from participating and render the results illegitimate.

On Monday afternoon, Democratic Gov. Tony Evers issued an executive order postponing the election—which includes a presidential primary and races for state and local office—to June 9. Republicans, however, have bitterly opposed such a delay and immediately challenged the order before the state Supreme Court. Hours later, the court's four conservatives who heard the case blocked Evers' order, with both liberal justices dissenting. As a result, the state was left with no choice but to proceed with in-person voting Tuesday, despite the serious risks to public health and a crippled elections infrastructure.

Not long thereafter, the U.S. Supreme Court overturned an order made last Thursday by a lower court, which said that voters could cast absentee ballots so long as election officials received them by April 13, regardless of when they were postmarked. In a 5-4 ruling—which, like the Wisconsin high court's decision, fell along strictly ideological lines—the court's conservatives ruled that all ballots must be postmarked by April 7.

This means that those who have the misfortune to receive their ballots late—a distinct possibility for many, given the huge surge in requests—now face an impossible choice, as Justice Ruth Bader Ginsburg noted in a dissent: They must either risk their health by voting in person on Tuesday, or disenfranchise themselves by not voting at all. The same holds true for anyone who was unable to request a ballot, as well as the many groups of voters who cannot vote by mail, such as those who are without housing.

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And for those who do choose to head to the polls, they face an elections infrastructure in shambles. Due to a shortage of poll workers, Milwaukee, the largest city in Wisconsin, was set to open just five polling sites, down from its usual 180. The same problem has plagued jurisdictions across the state. Many voters will therefore be deprived of their right to vote, and efforts to halt the spread of the coronavirus will be undermined.

But a deep cynicism motivates the right-wing hostility to letting voters participate in the election safely: With progressives mounting a competitive campaign to unseat an arch-conservative appointee of former Gov. Scott Walker on the state Supreme Court, Republicans appear to be counting on the pandemic to disproportionately suppress votes on the left.

In part that's because social distancing is more difficult in denser urban areas, which make up the bulk of the Democratic vote; voters in more sparsely populated rural areas are likely to be less deterred from voting in person, since they're apt to encounter fewer people at the polls or on their way there. In addition, polling shows Republicans are simply less concerned about the coronavirus in general, meaning they're more willing to ignore the danger to public health (and their own) that in-person voting poses.

And now, after decades of concerted effort, Republicans have succeeded in installing partisan ideologues on the bench—both federally and at the state level—who are only too happy to cloak the GOP's malevolent political goals in the language of legalese and bless them with the authority of the bench. In a searing irony, a message atop the Wisconsin Supreme Court's website explains that the courts are closed due to COVID-19—just above a link to the court's order saying Tuesday's election must take place despite COVID-19.

In his ruling last week delaying the deadline for absentee ballots to be received, Judge William Conley included a pregnant footnote. "The court will reserve," he wrote, "on the question as to whether the actual voter turnout, ability to vote on election day or overall conduct of the election and counting votes timely has undermined citizens' right to vote."

In other words, Conley suggested that he might entertain further challenges after the election if the all-important right to vote has been abridged in some way based on how the election is carried out. As things stand, it's impossible to see how those rights won't be sabotaged, but with the partisans in robes sitting above Conley, it's just as hard to see them permitting any remedy he might fashion to stand.

Election Changes

Please bookmark our statewide 2020 primary calendar and our calendar of key downballot races, both of which we're updating continually as changes are finalized.

● Iowa: Republican Secretary of State Paul Pate says that he's considering the option of conducting November's general election entirely by mail. Previously, Pate said he'd mail absentee ballot applications to every active registered voter ahead of Iowa's June 2 downballot primaries. Pate says he considered making the primary all-mail but opted not to after talking to officials in Washington and Oregon, who described the long timeframes that had been needed to convert their states to mail voting.

● Montana: Republican Secretary of State Corey Stapleton says that all 56 Montana counties plan to conduct the state's June 2 presidential and downballot primaries by mail, an option that Democratic Gov. Steve Bullock recently made available.

● New Jersey: Democratic Gov. Phil Murphy says he'll be "stunned" if the state doesn't postpone its June 2 presidential and downballot primaries, promising a decision "pretty soon."

● Virginia: Republicans in Virginia's 7th Congressional District have indefinitely postponed their April 25 convention and have voted to sue the Board of Elections to seek an exemption from Democratic Gov. Ralph Northam's ban on gatherings of more than 10 people. Officials are also considering alternate methods of conducting their convention, such as online or by mail. The committee must pick a nominee by June 9. Republicans in the 5th District, who face the same situation, are meeting on Sunday to discuss their plans.

1Q Fundraising

● TN-Sen: Bill Hagerty (R): $1.2 million raised, $5.6 million cash-on-hand (note: Hagerty's campaign would not tell the Associated Press how much of his haul came from self-funding)

● IA-03: David Young (R): $400,000 raised

● MA-04: Jake Auchincloss (D): $474,000 raised, $947,000 cash-on-hand; Alan Khazei (D): $278,000, $783,000 cash-on-hand raised

● NH-01: Matt Mowers (R): $354,000 raised, $315,000 cash-on-hand

● TX-07: Wesley Hunt (R): $920,000 raised

● TX-24: Kim Olson (D): $370,000 raised; Candace Valenzuela (D): $305,000 raised

Senate

● KY-Sen: Senate Majority Leader Mitch McConnell recently went up with a commercial that praised him for the coronavirus economic bill, and Marine veteran Amy McGrath is now out with a response ad. The narrator declares that McConnell is "already taking a victory lap against the coronavirus in TV ads, even though medical experts say hundreds of thousands of Americans could die." The Democrat's ad also takes McConnell to task for blocking "emergency research until drug companies could overcharge for vaccines."

● MI-Sen: The conservative think tank American Principles Project is out with a poll from the GOP firm Spry Strategies that gives Democratic Sen. Gary Peters a 42-40 edge over Republican John James.

● South Dakota: Candidate filing closed last week for South Dakota's June 2 primary, and the state has a list of contenders available here. A primary runoff will take place on Aug. 11 in races where no candidate took more than 35% of the vote.

However, both the primary and the general election should be quiet this year in this very red state. GOP Sen. Mike Rounds faces an intra-party challenge from state Rep. Scyller Borglum, who raised very little cash in 2019. Rep. Dusty Johnson also drew a challenge from former state Rep. Liz Marty May, who narrowly lost re-election last cycle.

Gubernatorial

● MT-Gov: On Monday, the Montana Federation of Public Employees endorsed Lt. Gov. Mike Cooney in the June Democratic primary. Cooney's campaign says that this is the state's largest union.

● WV-Gov: Democratic state Sen. Ron Stollings is out with a spot ahead of the June primary focused on the coronavirus. Stollings, who works as a physician, appears in his lab coat and tells the audience, "Regarding the coronavirus, I'm so glad we were able to get $2 million in the budget to help fight that. That was my amendment."

Stollings spends the rest of the ad telling the audience to use "good common sense" during the pandemic. He says to "assume everyone has the coronavirus. They don't, but that way, you will socially distance yourself and you'll use hand washing techniques." He also urges the viewer, "Do not go around your loved ones, your older loved ones, if you're sick."

House

● CA-25: The DCCC has launched a $1 million ad campaign against Republican Mike Garcia that the Los Angeles Times reports will run until the May 12 special election. Politico reports that $930,000 of this is going to cable TV and another $42,000 will be for Spanish-language commercials, while the balance will be for digital advertising.

The DCCC's opening spot alludes to the coronavirus without mentioning it directly: The narrator says, "More than ever we need a leader who will put our health and safety first." The commercial goes on to say, "But Mike Garcia would let insurance companies deny coverage for pre-existing conditions … and hike up costs for life-saving drugs." The commercial then praises Democrat Christy Smith for refusing to "take a dime from pharmaceutical companies."

The ad comes shortly after the NRCC also began spending here. Politico reports that the committee is deploying $330,000 for broadcast TV in addition to the $690,000 cable buy we noted last week.

● FL-19: Physician William Figlesthaler uses his first ad ahead of the August GOP primary to tell the audience that "career politicians from both parties have failed" to handle the coronavirus. The candidate uses an image of Bernie Sanders to represent Democrats who "want socialized medicine," while the late John McCain stands in for the establishment Republicans Figlesthaler says "failed to implement President Trump's aggressive free market health care solutions."

● KY-04: GOP Rep. Thomas Massie is up with an ad portraying him as a loyal Donald Trump ally while ignoring that Trump called him "a disaster for America, and for the Great State of Kentucky" less than two weeks ago. Massie also doesn't mention Todd McMurtry, who is his opponent in the June primary.

● MI-13: Target-Insyght is out with a survey of the August Democratic primary conducted from March 31 to April 2 that gives Rep. Rashida Tlaib a 43-34 advantage in her rematch against Detroit City Council President Brenda Jones. Back in July, well before Jones kicked off her campaign, the same firm found Tlaib with a far larger 56-19 lead. Jones, who entered the race on March 25, announced on Thursday that she had tested positive for COVID-19 but added she was "not experiencing any of the horrific symptoms associated with the coronavirus."

● NM-02: A recently formed super PAC called Citizens United for NM is spending at least $47,000 on a commercial attacking 2018 nominee Yvette Herrell ahead of the June GOP primary to take on Democratic Rep. Xochitl Torres Small. This group was created by Butch Mathews, who owns a trucking company that works in the state's oil and gas industry, and it donated to Herrell's main intra-party foe, oil businesswoman Claire Chase.

The commercial says that in 2016, Herrell sent out emails "to undermine Trump's campaign for president" and also "used taxpayer funds to attend an anti-Trump soiree at a San Diego hotel where they hung a Trump piñata from the ceiling." The commercial comes several months after Chase ran into problems when her old 2016 social media posts attacking Trump surfaced.

● Virginia: Candidate filing closed last month for Virginia's June 9 primary, and the state now has a list of contenders.

Virginia allows parties to nominate candidates through party conventions or through a party-run firehouse primary, so not every November matchup will be decided in June. Both parties are holding primaries for Senate, but the situation varies in House seats: The GOP is hosting primaries in only five of the 11 congressional districts, while Democrats are doing primaries everywhere except for the safely red 9th Congressional District.

● VA-02: Democrat Elaine Luria unseated Republican incumbent Scott Taylor 51-49 last cycle, and Republicans are hoping to take back this 49-45 Trump seat in the Virginia Beach area.

Taylor initially decided to launch a longshot challenge to Sen. Mark Warner, but he announced in January that he would instead seek a rematch against Luria. Navy veteran and 2010 candidate Ben Loyola was already running, though, and he decided to remain in the contest. Loyola has the support of former Rep. Scott Rigell, who defeated him 40-27 in the primary for an open seat in 2010 and retired in 2016. Navy veteran Jarome Bell is also running, but he didn’t report raising any money during the final months of 2019.

Taylor is the frontrunner to win the GOP nod, but Team Red may still benefit from a different nominee. Taylor’s staff was exposed during the 2018 campaign for forging signatures on behalf of Democrat-turned-independent Shaun Brown (who was booted off the ballot by a judge), and Democrats ran ads slamming Taylor's campaign for its skullduggery.

The story has not gone away since Taylor's defeat. Last month, a former Taylor staffer pleaded guilty for her part in the scheme, and the local prosecutor said the "investigation is still ongoing" and that we're "likely to see more" indictments to come. Taylor himself has consistently denied any knowledge of the scheme, but his staff had previously claimed the congressman was indeed aware of their plans.

● VA-05: While the GOP opted to select its nominee through a convention, Democrats decided to hold a primary here instead. This seat, which includes Charlottesville and the south-central part of the state, moved from 53-46 Romney to 53-42 Trump, but Democrats are hoping that the ugly GOP nomination battle between freshman Rep. Denver Riggleman and Campbell County Supervisor Bob Good will give them an opening.

Four Democrats filed to compete in the primary. EMILY’s List is backing Claire Russo, while VoteVets is supporting fellow Marine veteran Roger Dean Huffstetler, who unsuccessfully ran here in 2018. Physician Cameron Webb and Rappahannock County Supervisor John Lesinski are also running.

● House: House Majority PAC, which is the second-largest spender on House races among outside groups on the Democratic side, has announced that it's reserved a total of $51 million in fall TV time in 29 different media markets. We've assembled this new data into a spreadsheet, but as you'll see, it's organized by market rather than district, so we've also included our best guesses as to which House seats HMP is specifically targeting or defending.

The reason these buys are organized this way is because advertising can only be booked market by market. The geographic regions served by particular TV stations rarely correspond with political boundaries, and the reverse is true as well.

About half of the nation's 435 congressional districts are contained within a single media market, while the other half cross two or more (sprawling Montana's lone House district reaches into nine different markets, the most in the country). Conversely, all but a couple dozen of the 900-plus media markets in the U.S. overlap with two or more congressional districts; jumbo-sized New York City, for instance, covers all or part of 34 different House seats in four different states. Inevitably, this mismatch means that many TV watchers will wind up seeing ads for districts they don't live in.

Most importantly, these reservations give us an early window into which races HMP expects to be competitive, but they don't tell us everything. As Politico notes, most of these media markets will likely attract hordes of ad money from presidential and Senate campaigns, so HMP is reserving now to lock in cheaper rates before high demand for TV time brings prices up. HMP can afford to wait, though, to book ads in competitive House seats located in markets like Los Angeles and Salt Lake City since there won't be nearly as much competition for airtime there.

As we alluded to just above, HMP included several markets in this first wave of reservations that contain at least a portion of several different competitive House seats, most notably Philadelphia. If you're interested in knowing exactly which media markets cover which congressional districts across the country, naturally we've got all that data for you. It's what we used, in fact, to hone our guesses as to which seats HMP cares about.

However, it's still too early to know how much money the PAC will direct towards each race. Often, major outside groups will change their planning based on how individual contests seem to be shaping up.

In 2018, for instance, the NRCC reserved a large chunk of TV time in the pricey Miami media market but, initially, it only used those bookings to air ads defending Rep. Carlos Curbelo in Florida's 26th District. Late in the cycle, though, the NRCC put some of that reserved airtime to work in an effort to save the open 27th District, which it had previously appeared to give up on.

Around that same time, the committee made the opposite move in the Las Vegas market. The NRCC reserved millions there well before Election Day, and it initially seemed that it would spend to try to flip both Nevada's 3rd and 4th Districts. In October, though, the NRCC decided to direct all its money towards helping former Rep. Cresent Hardy in the 4th District, and it didn't end up spending in the 3rd District at all.

None of these deck chair rearrangements wound up mattering, though: Republicans ultimately lost all four of these races in what was a terrible year for the GOP. But they're a good reminder that TV reservations often do not reveal the entire House battlefield.

Other Races

● WA-LG: Retiring Rep. Denny Heck recently filed paperwork with the state to run for lieutenant governor, though the Democrat has not said he’s in yet. The filing deadline for Washington’s August top-two primary is May 15.

Heck surprised political observers in December when he announced that he would not seek a fifth term in his reliably blue seat. In an unusually candid letter, Heck described both the many things he'd loved about serving in Congress but also admitted he'd grown "discouraged," explaining that "countless hours I have spent in the investigation of Russian election interference and the impeachment inquiry have rendered my soul weary." Last month, Democratic Lt. Gov. Cyrus Habib made an unexpected decision of his own when he revealed that he wouldn’t be seeking re-election and would instead leave politics to become a Jesuit.

If Heck goes forward with a campaign to succeed Habib, he’ll be the second retiring House member this cycle to run for a lieutenant governor’s post. Utah Rep. Rob Bishop confirmed back in July that he’d leave the House, and the Republican later announced in January that he’d serve as former state party chair Thomas Wright’s running mate.

However, both Heck and Bishop would be running for office under very different rules. In Utah, Wright and Bishop will either win or lose the June primary together as a ticket; if they clear the primary, they’d also both be elected or defeated together in the general election. In Washington, though, candidates for governor and lieutenant governor compete separately in both the top-two primary and the general election.

Morning Digest: New York conservatives gear up to take down GOP establishment-backed House candidate

Posted on February 10, 2020 by Daily Kos Elections

Leading Off

● NY-27: Plenty of Republicans were pissed when party leaders awarded state Sen. Chris Jacobs the party's nomination for the upcoming special election for New York's 27th Congressional District, and now the GOP's usual allies in the state's small but influential Conservative Party are also taking their whacks.

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New York law allows candidates to accept nominations from multiple parties, and it's rare for the Conservatives not to support Republican picks. However, Conservative leaders said in late January that, rather than back the apparently squishy Jacobs, they would not nominate anyone for the upcoming special election, which is expected to be held on April 28.

This seat backed Trump 60-35, so Jacobs is still the favorite even without Conservative help. Because the election will likely take place on the same day as the presidential primary, though, disproportionate turnout on the left could give Democrats a boost.

But if Jacobs manages to win the special, the Conservatives are gearing up to make his life hell soon thereafter. The GOP primary for the regular two-year term will take place just two months later on June 23, and there Jacobs will face attorney Beth Parlato, who has earned enough support from local party officials to receive the state Conservative Party's endorsement.

The Conservatives also promised Parlato their party's line for the November general election, but don't expect to see her on the fall ballot if she loses in June. "I'm confident I will win the primary," she said. "But if by some chance I lose, I would never split the vote."

The Conservative Party isn't the only right-wing group that wants to beat Jacobs once the special is wrapped up. Last month, a spokesperson for the Club for Growth called the senator "too moderate" and added, "We are prepared to spend seven figures opposing Jacobs." The Club, though, hasn't endorsed either Parlato or Erie County Comptroller Stefan Mychajliw, who also decided to challenge Jacobs after losing the GOP nod for the special election.

So, why does Jacobs inspire this much far-right disgust? Jacobs has long had a reputation as a moderate and even identified as pro-choice during his failed 2006 run for lieutenant governor. It doesn't help that his running mate that year was none other than Bill Weld, the former Massachusetts governor who is currently challenging Donald Trump in the presidential primary. Jacobs' enemies also remember that he refused to take sides in 2016 when Trump was running against Hillary Clinton, the same year Jacobs first won his seat in the state Senate.

Once he got to Albany, Jacobs did put together an ardently conservative voting record, which included opposition to expanding access to abortion. Jacobs also has tried to reinvent himself as a proud Trumper, and has insisted that he "ran for re-election to assure that President Trump had an ally in this seat." (We wonder if Jacobs' constituents, who voted for Hillary Clinton 50-45, knew that when they gave him a second term him in 2018.) However, it seems that conservative fanatics simply don't believe his conversion is sincere and want to replace him with a purer strain of wingnut.

Senate

● GA-Sen-B: While 2014 Democratic gubernatorial nominee Jason Carter expressed interest in running here back in late August, he took himself out of contention on Thursday by endorsing pastor Raphael Warnock.

● MT-Sen: Politico reports that national Democrats haven't given up trying to convince Gov. Steve Bullock to challenge GOP Sen. Steve Daines despite his consistent denials of interest, but they don't seem to be making any progress. Barack Obama even met with Bullock privately on Thursday, but the governor's team publicly reaffirmed afterwards that he would not run. Montana's filing deadline is March 9, so the field will be set here soon.

A few Democrats are already challenging Daines in this 56-35 Trump state, and one of them ended 2019 with a big fundraising edge over the rest of the June primary field. Nonprofit founder Cora Neumann took in $460,000 during her opening fundraising quarter and had $292,000 to spend, while neither Helena Mayor Wilmot Collins nor Navy veteran John Mues had so much as $40,000 on-hand. Daines, though, had an imposing $5 million war chest at the close of December.

● NC-Sen: Politico reports that VoteVets is spending $2.5 million on a new two-week ad campaign supporting former state Sen. Cal Cunningham in the March 3 Democratic primary. VoteVets' affiliated nonprofit has already spent $3.3 million to help Cunningham win the nod to take on GOP Sen. Thom Tillis.

● TN-Sen: Mason-Dixon is out with a new poll for local media organizations that unsurprisingly finds Republicans in good shape to hold this open Senate seat. Former Ambassador to Japan Bill Hagerty, who has Donald Trump's endorsement, leads Army veteran James Mackler 55-33 in a hypothetical general election, while physician Manny Sethi beats the Democrat 46-35.

House

● AZ-01: House Minority Leader Kevin McCarthy endorsed 2018 candidate Tiffany Shedd on Thursday in the August Republican primary to face Democratic Rep. Tom O'Halleran. Shedd, who took third in the primary last cycle, had more money by far at the end of December than any other Republican running here, but her $91,000 war chest still wasn't good. However, McCarthy seems to have decided that Team Red isn't going to get a better contender for this competitive Northeastern Arizona seat.

O'Halleran does face some primary opposition from the left, but neither of his opponents look very threatening. Former Flagstaff City Councilor Eva Putzova had just $15,000 in the bank at the end of 2019, while former state Sen. Barbara McGuire still hasn't reported raising any cash. O'Halleran, by contrast, had $919,000 on-hand to defend a district that narrowly backed both Mitt Romney and Donald Trump.

● IL-03: Activist Rush Darwish is up with what Politico reports is his second TV spot of the March 17 Democratic primary against conservative Rep. Dan Lipinski.

Darwish says that the district can't just "keep electing the same people and expect a different result," though he doesn't mention Lipinski directly. Darwish describes himself as a "lifelong humanitarian and father who spends time volunteering to raise money for medical procedures on children affected by violence," and says he supports "Medicare for all who want it."

● IN-05: Former Marion County Prosecutor Carl Brizzi announced Thursday, just one day before the filing deadline, that he would compete in the May GOP primary for this open seat.

Brizzi had been out of office since 2011, and the intervening years haven't been good for him. He was reprimanded by the state Supreme Court in 2017 for a conflict of interest between his real estate business and a 2009 criminal case his office prosecuted. That reprimand included a 30-day suspension of his law license for "professional misconduct" after he intervened to reduce the severity of a plea deal given to a client of his real estate partner, who was the client's criminal defense attorney at the time.

Brizzi kicked off his new campaign by acknowledging, "I certainly made some mistakes." He continued, "And I own them. Secondly, there's nobody in the race that's more vetted than me."

● MD-07: Dels. Terri Hill and Talmadge Branch and law professor Michael Higginbotham have each announced that they will not compete in the April Democratic primary for the regular two-year term. All three were on the ballot in Tuesday's special primary and finished far behind former Rep. Kweisi Mfume. The filing deadline for the April primary passed in late January, but candidates had until Thursday to remove their names from the ballot.

Mfume, who represented a previous version of this Baltimore seat from 1987 until he resigned in 1996 to lead the NAACP, won the Democratic nod on Tuesday by beating former state party chair Maya Rockeymoore Cummings by a lopsided 43-17 margin. Rockeymoore Cummings and state Sen. Jill Carter, who was in third place with 16%, have each said that they'll keep running in April, but it's going to be very tough for anyone to beat Mfume after his decisive victory.

● PA-01: Pennsbury school board member Debbie Wachspress recently picked up an endorsement from 2018 Democratic nominee Scott Wallace for her bid to take on GOP Rep. Brian Fitzpatrick in this 49-47 Clinton seat. Wachspress also recently earned the backing of Bucks County Prothonotary Judi Reiss, who dropped out last month, as well as 2018 primary candidates Rachel Reddick and Steve Bacher.

Wachspress' local endorsements come a little less than three months after the Philadelphia Inquirer reported that national Democrats, including the DCCC and EMILY's List, were dissatisfied with the field. However, no other serious candidates have entered the race since then, and with the Feb. 18 filing deadline coming up fast, it looks unlikely that any will.

While it remains to be seen how national Democrats feel about Wachspress now, she very much looks like the frontrunner in the April primary. Wachspress ended 2019 with $355,000 on-hand while her intra-party opponents, Bucks County housing department official Christina Finello and businessman Skylar Hurwitz, each had less than $12,000 in the bank.

Whoever wins the nod is going to be in for a difficult race against Fitzpatrick. The incumbent held off Wallace 51-49 during last cycle's Democratic wave, and he ended 2019 with a strong $1.4 million war chest.

● TN-01: State Sen. Rusty Crowe announced Thursday that he would join the August GOP primary for this safely red open seat in East Tennessee.

Crowe has a very long career in state politics going back to 1990, when he was elected to the state Senate as a Democrat: Crowe recently said that he ran with Team Blue back then because he'd missed the deadline to file as a Republican and decided to launch a write-in campaign for the Democratic nod. He explained that it was "difficult" serving in the legislature as a Democrat and that he was unpopular with his party's leadership, though Crowe waited until 1995 to switch to the GOP.

The only other notable Republican who has entered the race to succeed retiring Rep. Phil Roe so far is former Kingsport Mayor John Clark. A number of other local politicians did express interest in getting in after Roe announced his retirement in January, and they still have a while to decide before the early April filing deadline.

● TX-10: For the second quarter in a row, GOP Rep. Michael McCaul has pretended that he raised considerably more money for his re-election campaign than he actually raised.

Last month, before FEC reports were due, McCaul put out a press release saying he raised "nearly" $500,000, but he actually brought in $378,000. The congressman ended 2019 with $984,000 to spend, which is also short of the $1 million he said he had. The Texas Tribune's Abby Livingston writes that McCaul's half a million figure included money from his affiliated PACs, which she explains is not standard operating procedure when announcing fundraising numbers.

Back in October, McCaul also announced that he'd brought in $400,000 during the third quarter of 2019, but his FEC report soon revealed that he'd actually raised $334,000; we're not sure what McCaul was including to get that extra $64,000 back then, but it was not money for his campaign. Inside Elections' Nathan Gonzales recently put out a great Twitter thread about how journalists view candidates' FEC reports, and we'll take particular note of his final point: "If you play games with one report, then it will just invite more scrutiny on future reports."

In past cycles no one would have cared how much McCaul did or did not raise his safely red seat, but his seat isn't safely red anymore. Donald Trump's 53-42 win in 2016 was a noticeable drop from Mitt Romney's 59-39 performance four years before, and Team Red also had a rough ride here in 2018: McCaul fended off Democrat Mike Siegel by a surprisingly close 51-47 margin, and Beto O'Rourke narrowly carried this district 49.6-49.5 against GOP Sen. Ted Cruz.

Siegel is running again in the March 3 primary, but two other Democrats have considerably more money than him. Attorney Shannon Hutcheson held a small $456,000 to $451,000 cash-on-hand edge over medical school professor Pritesh Gandhi, while Siegel had $152,000 to spend. If no one takes a majority of the vote next month a runoff would take place in May.

● TX-28: Immigration attorney Jessica Cisneros is out with a new TV spot ahead of her March 3 Democratic primary with conservative Rep. Henry Cuellar. Cisneros begins, "Today in South Texas, it seems like no one is helping people afford health care. So we sell plates of chicken, we have loterías, we go to Mexico." The candidate then talks about how her aunt died of stomach cancer because she was unable to pay for treatment and continues, "Unlike Congressman Cuellar, I don't take money from health insurance lobbyists or corporate PACs."

We also have a copy of a commercial that Texas Forward, which is allied with EMILY's List, is running to support Cisneros as part of its $1.2 million buy. The narrator argues there's "a damn big" difference between the candidates and takes Cuellar for task for having refusing to sponsor raising the minimum wage and voting "with Republicans to oppose unions, to cut funding for Planned Parenthood." The second half of the ad pledges that Cisneros will stand up for women, workers, and families.

● WI-07: Campaign finance reports are out for this special election covering the period of Oct. 1 to Jan. 29, and Army veteran Jason Church and state Sen. Tom Tiffany are in a similar position ahead of the Feb. 18 special GOP primary.

Church outraised Tiffany $653,000 to $463,000 during this time, though the state senator outspent Church $510,000 to $464,000. Tiffany also had a small $208,000 to $189,000 cash-on-hand advantage for the final weeks of the race. The Club for Growth and the U.S. Chamber of Commerce have been running commercials on Tiffany's behalf, while With Honor Fund has aired some ads for Church.

On the Democratic side, Wausau School Board president Tricia Zunker took in $145,000 during the fundraising period and had $64,000 to spend, while businessman Lawrence Dale didn't report bringing in anything. The general election for this 58-37 Trump seat is May 12.

Morning Digest: ‘The fix is in’: Bitter charges follow GOP’s choice to succeed convicted congressman

Posted on January 28, 2020 by Daily Kos Elections

Leading Off

● NY-27: On Saturday, Republican leaders in the eight counties that make up New York's 27th Congressional District awarded the party's nomination for the upcoming special election to state Sen. Chris Jacobs. The GOP did not release vote totals for the meeting, though The Buffalo News' Robert McCarthy reports that Jacobs prevailed after "what was termed a close call" over fellow state Sen. Robert Ortt. Jacobs also beat out attorney Beth Parlato, Erie County Comptroller Stefan Mychajliw, and White House aide Jeff Freeland to claim the nomination.

Campaign Action

Democrats have not yet picked a candidate in the race to replace former GOP Rep. Chris Collins, who was sentenced to 26 months in prison earlier this month on charges related to insider trading. However, McCarthy says that Team Blue's leaders are expected to choose 2018 nominee Nate McMurray "in coming days." Gov. Andrew Cuomo has not yet scheduled the special, though the state attorney general's office told a court that Cuomo intends to set the date for April 28, which is the same day as New York's presidential primary.

While a competitive presidential primary will likely bring out Democratic voters in disproportionate numbers, it's still going to be tough to beat Jacobs in this suburban Buffalo seat, which backed Donald Trump 60-35. However, Jacobs won't be able to rest even if he wins in April. Parlato, who is also a Fox News contributor, said Saturday that she would run in the late June primary for the full two-year term.

Ortt, Mychajliw, and Freeland also each said that they were considering their options, with Mychajliw sounding particularly pissed with how things went down over the weekend. The comptroller pointed out that state GOP chair Nicholas Langworthy's wife is doing fundraising work for Jacobs, saying, "The process is compromised by the fact that the state chairman's wife is on the payroll of one of the candidates …. A reasonable person could infer the fix is in." Mychajliw also took issue with GOP leaders keeping the location of their meeting a secret even from the candidates until the morning of their deliberations.

The filing deadline for the regular term is April 2, so all of Jacobs' would-be foes will need to decide what they're doing before the special election. However, Jacobs will have the advantage in the June primary as long as he wins in April: No member of Congress has won a special election and then immediately lost their first primary in a traditional election since New York Democrat Alton Waldon in 1986.

And while Jacobs' intra-party critics, including Collins and the extremist Club for Growth, have attacked him for refusing to publicly support Donald Trump over Hillary Clinton in 2016, Jacobs will have several months to proclaim his fealty to the White House (and possibly earn a coveted Trump tweet). Jacobs also won't need to worry about money either. His family founded and still owns the food service giant Delaware North, allowing him to self fund $425,000 through the end of September.

P.S. By nominating Jacobs, GOP leaders are opening up a state Senate seat that supported Clinton 50-45. However, Team Red has for some time given up hope of reclaiming power in a chamber that they controlled almost nonstop from just after World War II until the end of 2018 but where Democrats now hold a 40-22 majority. Eight Republicans, including Jacobs, have announced their retirement, while another GOP seat is vacant.

4Q Fundraising

● CA-48: Michelle Steel (R): $520,000 raised, $1.3 million cash-on-hand

● FL-18: Oz Vazquez (D): $185,000 raised

● IN-05: Christina Hale (D): $269,000 raised, $600,000 cash-on-hand

● KS-03: Amanda Adkins (R): $208,000 raised, $383,000 cash-on-hand

● MN-07: Collin Peterson (D-inc): $157,000 raised, $1 million cash-on-hand

● NJ-05: Mike Ghassali (R): $60,000 raised, additional $500,000 self-funded, $728,000 cash-on-hand; Frank Pallotta (R): $52,000 raised, additional $215,000 self-funded, $382,000 cash-on-hand

● NV-03: Dan Schwartz (R): $50,000 raised, additional $250,000 self-funded, $447,000 cash-on-hand

● TX-10: Michael McCaul (R-inc): $500,000 raised, $1 million cash-on-hand

Senate

● GA-Sen-A: Clarkston Mayor Ted Terry announced Sunday that he was dropping out of the Democratic primary to take on GOP Sen. David Perdue and would instead run for a seat on the DeKalb County Board of Commissioners. Terry acknowledged that he was switching races in large part because he wasn't raising enough money for Senate.

● TN-Sen: Former Ambassador to Japan Bill Hagerty is out with his first TV spot ahead of the August GOP primary for this open seat. The ad begins with a narrator blasting impeachment before Hagerty appears to tell the audience that he has Donald Trump's endorsement.

House

● AL-02: Former state Attorney General Troy King's first TV spot for the March GOP primary stars the candidate and his mother talking about why liberals don't like him. (Spoiler alert: It's because of guns and abortion.) King concludes by telling the audience that liberals in Alabama have never liked him, to which his mom responds, "That's okay, honey. The liberals in Washington are not going to like you either."

Another GOP candidate, businessman Jeff Coleman, is also up with a commercial starring a family member. The candidate's wife, Tiffany, tells the audience that her first reaction to calls for him to run for office was "absolutely not," but that she came to realize that campaigning "seems like that's where God's calling us." Tiffany adds that this is "terrifying ... but I'm for it."

● CA-16: On Saturday, the California Labor Federation endorsed Fresno City Councilwoman Esmeralda Soria over Rep. Jim Costa, a fellow Democrat, in the March top-two primary.

● IL-03: Conservative Rep. Dan Lipinski is out with a poll from the Democratic firm Expedition Strategies that shows him leading 2018 opponent Marie Newman 50-27 in the March Democratic primary, while activist Rush Darwish takes just 2%. Lipinski beat Newman by a narrow 51-49 last year, and this is the first survey we've seen looking at their second bout.

● MD-04: Candidate filing closed Friday for Maryland's April 28 primary, and the state has a list of contenders here.

Attorney and Marine veteran Sheila Bryant kicked off her Democratic primary bid against Rep. Anthony Brown last year in this safely blue seat, but she doesn't appear to have gotten much traction. Bryant hasn't announced her fundraising for the final three months of 2019 yet, but she had just $18,000 on-hand at the end of September.

● MD-05: House Majority Leader Steny Hoyer has never had trouble winning renomination in this safely blue seat, and he once again looks like the heavy favorite.

Mckayla Wilkes, who works as an administrative assistant at the Pentagon, has attracted some national attention, but she had a mere $63,000 in the bank at the end of September. That's actually considerably more money than what Alexandria Ocasio-Cortez had at that point in her ultimately successful primary campaign against incumbent Joe Crowley, but AOC had one big advantage Wilkes doesn't have: While Ocasio-Cortez was Crowley's only primary foe, three other Democrats are running against Hoyer.

● MD-06: Freshman Democratic Rep. David Trone faces a challenge from GOP Del. Neil Parrott, but he shouldn't have much trouble defending this 55-40 Clinton seat.

As we've noted before, this seat has been solidly blue since the current Democratic-drawn map took effect in 2012 save for one election—the 2014 GOP wave. That year, former Democratic Rep. John Delaney survived a challenge from Republican Dan Bongino (who went on to become a looney tunes Fox commentator) by just a single point. Barring a similar wave, the wealthy Trone should have no problem winning a second term.

● MD-07: The filing deadline to run for the regular two-year term representing this safely blue seat passed on Friday, but the special primary to fill the final months of the late Rep. Elijah Cummings' term won't take place until Feb. 4. This means that whoever wins the Democratic nod next week will need to compete for it again on April 28, which is the same day as the special general election. However, it's possible that some of the candidates who end up losing next Tuesday will decide to stop campaigning if they don't think they'll be able to win in April.

One of the many people running here, former Rep. Kweisi Mfume, earned an endorsement over the weekend from the state AFL-CIO.

● NJ-02, NJ-03: Wealthy businessman David Richter announced Monday that he was ending his GOP primary bid against party-switching Rep. Jeff Van Drew in New Jersey's 2nd Congressional District and would instead challenge freshman Democratic Rep. Andy Kim in the neighboring 3rd District. Richter also endorsed Van Drew as he swapped races.

Richter was the only notable Republican challenging Van Drew, and it looks very unlikely that the incumbent will face any serious opposition in the June primary. While local Republican leaders initially sounded reluctant to support Van Drew, who spent 17 years in the state legislature as a Democrat before he was elected to Congress in 2018, they started to warm up to him after Donald Trump endorsed the defector.

Richter, who began running while Van Drew was still a Democrat, spent another month arguing that he was the true conservative in the race, but both national and local Republicans made it clear that they wouldn't tolerate any opposition to Trump's chosen candidate.

By challenging Kim in the 3rd District, though, Richter is entering a very different race. The primary frontrunner, at least until Monday, was former Burlington County Freeholder Kate Gibbs, who has the support of party leaders in her home county. Gibbs told the New Jersey Globe just ahead of Richter's announcement that she wouldn't be dropping out, saying, "Anyone who thinks they can push me around doesn't know anything about South Jersey women."

However, Gibbs had a mere $138,000 on-hand at the end of December after five weeks in the race, which is an especially underwhelming war chest in a district that's split between the pricey Philadelphia media market and the ultra-expensive New York City market. Richter, by contrast, had a considerably larger $515,000 to spend, though almost all of that was self-funded. Barnegat Township Mayor John Novak and former Hainesport Mayor Tony Porto are also seeking the GOP nod.

One major test for Richter is whether he'll be able to do what he failed to do in his race against Van Drew and win the important support of local party leaders. In New Jersey primaries, a candidate endorsed by the county party appears in a separate column on the ballot along with other party endorsees, a designation known colloquially as the "organization line." Leaders in Ocean County, which is home to 55% of the 3rd District's 2016 Trump voters, have not yet awarded their organization line, and county chair Frank Holman says this won't happen until the March party convention.

Holman told the New Jersey Globe last week that he was open to supporting Richter, but he didn't commit to anything. However, if Richter can claim the Ocean County GOP line, it will give him a geographic edge over Gibbs, whose Burlington County base contains a smaller 45% share of the seat's prior Trump voters.

The 3rd District backed Trump 51-45, but Kim very much has the resources to defend this expensive district. The incumbent is a very strong fundraiser, and he ended 2019 with a $2.2 million war chest.

● TX-28: On Sunday, the state AFL-CIO endorsed immigration attorney Jessica Cisneros over conservative Rep. Henry Cuellar in the March Democratic primary. The AFL-CIO also took sides in several other primaries:

TX-02: Sima Ladjevardian TX-10: Mike Siegel TX-22: Sri Preston Kulkarni TX-31: Donna Imam

● TX-28: Texas Forward, a PAC affiliated with EMILY's List, is spending $34,000 on advertising in Texas' 28th Congressional District, where EMILY has endorsed attorney Jessica Cisneros over Rep. Henry Cuellar in the March Democratic primary. According to paperwork filed with the FEC, the advertisement will both support Cisneros and oppose Cuellar. Texas Forward's filing does not indicate what media this buy will air on, and the group does not appear to have a website or any social media presence.

Legislative

● Special Elections: There are four special elections on tap for Tuesday, headlined by a high-profile race in the Houston suburbs.

TX-HD-28: All eyes will be on Fort Bend County on Tuesday, where we'll get our first look at the upcoming battle for control of the Texas state House. This chamber is the top legislative target for Democrats in 2020, as winning it would give Democrats a significant role in redistricting in the nation's second-largest (and one of the fastest-growing) states.

While the 28th District isn't one of the top pickup opportunities for Democrats in the Texas House—the Texas Democratic Party ranked it 16th out of the 22 seats that it's targeting in November—it's still a compelling target. It fits the now-classic mold of a suburban seat that lurched leftward in the Trump era: Mitt Romney won by a wide 65-34 spread, which was shaved to a 53-43 win for Trump four years later.

Ted Cruz would go on to to carry this district by an even smaller 51-48 clip over Beto O'Rourke in 2018. Democrats can win this chamber without this district, especially since there are nine other GOP-held seats that O'Rourke carried, but a win here Tuesday would whittle the number they need to take the House down to eight.

This special election came about when former Rep. John Zerwas resigned last year to take a position at the University of Texas, following the closest election of his career. Democrat Eliz Markowitz and Republican Gary Gates will face off in what has become a hotly contested special election. Markowitz was the only Democrat in the Nov. 5 all-party primary and led the way with 39% of the vote. Gates took 28% and finished ahead of five other GOP candidates. Overall, however, Republicans led in the first round of voting 61-39.

The runoff has attracted national attention, as Markowitz has been endorsed by 2020 presidential candidates Joe Biden, Michael Bloomberg, and Elizabeth Warren. Her most visible supporter, though, has been O'Rourke, a former presidential candidate himself who has appeared alongside Markowitz several times and backed her during the first round of voting. Gates has the support of high-level Texas Republicans, including Gov. Greg Abbott, though Lt. Gov. Dan Patrick only offered a tepid endorsement.

Both sides have made serious investments in this race. In addition to strong fundraising, Markowitz has received significant financial support from outside groups such as the DLCC and Forward Majority, who have been running TV ads on her behalf. O'Rourke has continued to lend vigorous support to Markowitz, and he's been joined by another former presidential candidate, Julián Castro, on the campaign trail.

Gates has run a comparatively low key race but has dumped hundreds of thousands of his own money into the campaign, in part to defend himself against negative ads launched by Forward Majority that have hammered him over an incident when his 13 children were removed from his home over allegations of child abuse.

The increased attention and piles of money that have flowed into this race appear to have had an impact: Early voting for the runoff outpaced the clip in the primary 16,332-14,270, even though the time period and voting locations were more limited for the second round.

The current makeup of the Texas state House stands at 82-64 in favor of Republicans with this seat and two others vacant (both of which we preview below).

TX-HD-100: This is a Democratic district in Dallas, which became vacant when former Rep. Eric Johnson won election as mayor of Dallas last year. This district is safely Democratic, having supported Hillary Clinton 77-19 and Barack Obama 78-21, and, unsurprisingly, the two candidates on the ballot are Democrats.

Community advocate Lorraine Birabil and businessman James Armstrong will face each other after emerging as the leading vote-getters in the all-party primary, with 33 and 21% respectively. Armstrong earned the right to advance by edging out third-place finisher Daniel Clayton by just five votes.

TX-HD-148: This is a Democratic district in Houston, which became vacant when former Rep. Jessica Farrar resigned last year after 25 years in office. Democrat Anna Eastman and Republican Luis LaRotta will face each other after leading the way in a very crowded 15-candidate all-party primary. Democratic candidates collectively outpaced Republicans 69-27 in the first round, with an independent taking 4%.

As the first round of voting indicates, this is a solidly Democratic district that backed Clinton 64-35 and Obama 57-41.

GA-HD-171: This is a Republican district in south Georgia, centered around the Bainbridge area. This seat became vacant after former Rep. Jay Powell died last year. Three candidates are competing for this seat; farmer Tommy Akridge and businessman Joe Campbell are the Republicans, and retired educator Jewell Howard is the lone Democrat. Howard ran for this seat once before in 2012, falling to Powell 59-41.

This is a strongly Republican district that backed Donald Trump 62-37 in 2016. If no candidates take a majority of the vote in this election, a runoff between the top two vote-getters will be held on Feb. 25. The current makeup of the Georgia State House is 104-74 in favor of Republicans with two seats vacant, including this one.

Mayoral

● Baltimore, MD Mayor: Jack Young was elevated from City Council president to mayor last May after Catherine Pugh resigned in disgrace, and he's seeking a full four-year term in the April Democratic primary. It only takes a plurality of the vote to win the Democratic nod, and the winner should have no trouble in the November general election in this very blue city.

The only poll we've seen of this crowded contest in months was a late December Gonzales Research survey for FOX45 News that showed former state prosecutor Thiru Vignarajah and City Council President Brandon Scott tied 18-18 for first place, while former Mayor Sheila Dixon and Young were just behind with 16% and 15%, respectively. Former police spokesman T.J. Smith took 11% to state Sen. Mary Washington's 8% while another candidate, former U.S. Treasury official Mary Miller, entered the contest after this survey concluded.

Grab Bag

● Deaths: Former Rep. Pete Stark, a California Democrat who represented part of the Bay Area from 1973 until 2013, died Friday at the age of 88. Stark made a name for himself for his work writing healthcare legislation, including the COBRA program and the Affordable Care Act. Stark also made history in 2007 when he became the first member of Congress to publicly identify as an atheist.

Before he ran for office, Stark founded a bank that the Washington Post writes was “reportedly the first in the country to offer free checking.” Stark, who had previously served in the Air Force, also expressed his vehement opposition to the Vietnam War by putting peace signs on both on the bank’s checks and on the building’s headquarters.

In 1972, after selling his bank for millions, Stark challenged 14-term Rep. George Miller (not to be confused with another former California Democratic congressman with the same name) in the primary. Stark, who was 41 at the time, contrasted himself with the 81-year-old incumbent and portrayed himself as the anti-war candidate. Stark won by a lopsided 56-21 margin, and he went on to prevail in the general election 53-47.

While Stark was an influential member of Congress during his 40 years in office, he also became infamous for his temper and insults. Among many other things, Stark said that Health and Human Services Secretary Louis Sullivan, who was a black doctor, was “as close to being a disgrace to his race as anyone I've ever seen,” called a GOP congresswoman a “whore for the insurance industry,” and said in 2007 that House Republicans wanted to send young people to Iraq “to get their heads blown off for the president’s amusement.” In 2010, Stark’s behavior likely cost him the chance to chair the powerful Ways and Means Committee.

Stark never faced a close re-election during all of this time in his seat, but that changed in 2012. California’s independent redistricting committee gave Stark a seat, now numbered the 15th District, that included a little less than half of the constituency that he’d represented over the prior decade and included more Republicans and independents. That may not have been a problem if Stark had been able to keep competing in party primaries, but the state’s new top-two system further complicated his re-election prospects.

Most Democrats were content to wait for Stark to retire, but Eric Swalwell, a little-known member of the Dublin City Council and an Alameda County prosecutor, decided to take his chances and challenge the 81-year-old incumbent. Stark quickly drew negative headlines on the campaign trail when he accused Swalwell of taking bribes without providing a shred of evidence and labeled him a “fucking crook.” The two each advanced to the general election, and in a contest where more and more stories about Stark’s behavior kept surfacing, Swalwell won 52-48.

● Where Are They Now?: Former Rep. Zack Space, a Democrat who represented part of eastern Ohio from 2007 to 2011 and lost a close 2018 race for state auditor, is running for a seat on the Franklin County Probate Court. Space, like all of the Democratic candidates for this office, doesn't have any primary opposition, so he'll be competing on the November general election ballot. Space didn't represent any of Franklin County in Congress, but The Plain Dealer reports that he now works in Columbus.