Morning Digest: Nancy Mace may get a new district and an old primary foe

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

SC-01: Former state Rep. Katie Arrington tells The Hill that she's considering seeking a GOP primary rematch against South Carolina Rep. Nancy Mace, who shocked her colleagues last week when she voted to terminate Kevin McCarthy's speakership. Things could become still more volatile in the Palmetto State, though, because the U.S. Supreme Court is set to hear arguments Wednesday for a lawsuit that seeks to strike down Mace's 1st District as a racial gerrymander.

We'll start with Arrington, who told reporter Caroline Vakil that "all options are on the table" for another campaign against an incumbent who is no stranger to making enemies within her own party. Mace, who unseated Democratic Rep. Joe Cunningham in 2020, broke with Donald Trump in the days after she was forced to barricade in her office during the Jan. 6 attack, saying, "I hold him accountable for the events that transpired." Although the congresswoman, who was an early 2016 Trump supporter, never backed impeachment and soon stopped trying to pick fights with him, her party's master endorsed Arrington as part of an effort to purge critics.

But while Arrington did all she could to try to frame the primary as a battle between pro-Trump and anti-Trump forces, Mace used her superior financial resources to advance a different narrative. The congresswoman reminded voters that Arrington had denied renomination in 2018 to another Trump critic, then-Rep. Mark Sanford, only to suffer an upset loss against Cunningham. The GOP legislature had already done what it could to make sure that no Republican could lose this coastal South Carolina seat by passing a map that extended Trump's 2020 margin from 52-46 to 54-45, but Mace still argued that Arrington could once again cost the party the general election.

The incumbent prevailed 53-45 before easily winning the general election, but Mace wasn't done refashioning her public image. This summer she became a prominent Trump defender on cable news, and Politico reported he passed on his compliments to the congresswoman he'd previously castigated as a "grandstanding loser." But Mace's biggest moment in the spotlight came last week when she joined Florida Rep. Matt Gaetz, whom she'd called "a fraud" earlier this year, and six other Republicans to oust McCarthy.

Observers, including Arrington, were quick to highlight how McCarthy's allies had deployed millions to help Mace in 2020, and the former speaker's backers were also quick to blast the congresswoman's perceived disloyalty. Mace, for her part, argued McCarthy had broken his word to her by refusing to advance her priorities, including a balanced budget amendment and a bill to test more rape kits, and she predicted his backers would seek revenge. "I do need help, because they are coming after me," she said last week to Steve Bannon, the former Trump strategist whom she'd voted to hold in contempt of Congress in 2021.

However, not everyone agrees that Mace will need much help to win renomination in 2024. "When you look at the voting base there, they're not your typical party-line Republican," longtime GOP strategist Dave Wilson told Vakil of the local GOP primary electorate. "They're a little bit more independent in the way that they think." Arrington, though, dismissed Mace's actions as a "political stunt" and predicted that if she doesn't run, "[T]here will be many others." South Carolina requires a primary runoff if no one secures a majority in the first round.

Complicating things further is that no one knows yet just what Mace's district will even look like next year. In January, a federal court ruled that Republican lawmakers intentionally discriminated against Black voters when they redrew Mace's 1st District by packing too many African Americans into the neighboring 6th District. However, it's up to the nation's highest court to decide if the legislature needs to rework the 1st or if the current boundaries will stand.

Even if the Supreme Court strikes down the current map, though, Republicans may still be able to keep their hold on six of the state's seven congressional districts. As we explained in January, the lower court's ruling hinged on the 14th Amendment's equal protection clause rather than the Voting Rights Act; while the latter can require states to draw districts that empower Black voters to elect their chosen candidates, the former has been interpreted to mandate only that map-makers don't let race predominate over other factors without a compelling justification when crafting lines.

For now at least, Mace is behaving like she has more to worry about on her right flank than from Democrats. The congresswoman announced Sunday that she was joining Trump in endorsing Ohio Rep. Jim Jordan, an election conspiracy theorist, for speaker. CBS' Margaret Brennan followed up by asking Mace about the accusations from several former Ohio State University wrestlers alleging that Jordan, who was an assistant coach in the 1980s and 90s, knew their team doctor was sexually assaulting them but didn't intervene. "I'm not familiar or aware with that," said Mace. "He's not indicted on anything that I'm aware of. I don't know anything and can't speak to that."

Redistricting

WI Redistricting: On Friday, the new progressive majority on Wisconsin's Supreme Court ruled 4-3 along ideological lines to hear a lawsuit that's challenging the GOP's legislative gerrymanders, setting oral arguments for Nov. 21.

The court's ruling limited its review to only the claims over non-contiguous districts and whether map' adoption by the court's previous conservative majority violated the separation of powers, setting aside the plaintiffs' partisan gerrymandering claim for now because resolving it would require extensive fact-finding. A trial to conduct that fact-finding could have delayed new maps until after the 2024 elections, and the court noted it would become unnecessary if it strikes down the maps over contiguity or the separation of powers anyway.

Earlier on Friday, progressive Justice Janet Protasiewicz rejected the GOP's calls for her to recuse herself because of how she had called the maps "rigged" during her election campaign earlier this year and received campaign funding from the state Democratic Party. Protasiewicz's recusal decision cited a 2002 U.S. Supreme Court ruling where that court's conservative majority overturned a Minnesota law that had barred judicial candidates from declaring their views on legal and political issues, and she noted that the Wisconsin Democratic Party was not involved with the redistricting case.

Nonetheless, Republican Assembly Speaker Robin Vos responded on Monday by claiming precedent by the federal high court "compels her recusal, and the United States Supreme Court will have the last word here," implying the GOP could appeal her recusal decision to the federal court. Vos and his party have repeatedly threatened to impeach Protasiewicz if she didn't recuse in this case, though he notably did not mention that in Monday's statement.

3Q Fundraising

Governors

WA-Gov, WA-03, WA Public Lands Commissioner: The Seattle Times' Jim Brunner reports that former GOP Rep. Jaime Herrera Beutler told the conservative group Future 42 on Monday that she'll run for state public lands commissioner rather than for governor or for her old 3rd District. This post, which oversees the Washington Department of Natural Resources, is currently held by Democrat Hilary Franz, who is campaigning for governor next year.

The former congresswoman, who was one of the 10 House Republicans to vote to impeach Donald Trump after Jan. 6, lost her seat last year after she came in third against far-right foe Joe Kent in the top-two primary; Democrat Marie Gluesenkamp Pérez went on to flip the seat that November. While Politico reported the next month that Herrera Beutler was interested in another House bid, she announced in late January that she'd signed on to become a strategic advisor for the Children's Hospital Association―a decision that some observers believed meant she wouldn't be running for any office in 2024.

Those assumptions were premature, and The Dispatch reported just a month later that Herrera Beutler was thinking about running for governor. However, while she didn't rule out the idea shortly after Democratic incumbent Jay Inslee announced his retirement in May, she never again showed any obvious sign of interest after her former House colleague, Dave Reichert, became the GOP frontrunner in July. We hadn't previously heard Herrera Beutler mentioned for a different statewide office until Brunner reported Monday that she would campaign for public lands commission.

Five Democrats are currently running to replace Franz: state Sens. Rebecca Saldaña and Kevin Van De Wege; former state Sen. Mona Das; King County Councilmember Dave Upthegrove; and DNR manager Patrick DePoe. The only Republican who declared before Herrera Beutler was Sue Kuehl Pederson, who lost to Franz 57-43 in 2020.

House

CO-04: Weld County Sheriff Steve Reams on Wednesday told conservative radio host Dan Caplis that he was interested in waging a primary bid against Rep. Ken Buck in an interview that took place the day after Buck became one of the eight Republicans to oust Kevin McCarthy as speaker. Another local GOP elected official, state Rep. Richard Holtorf, formed an exploratory committee last month after the congressman trashed his party's drive to impeach Joe Biden. Buck, for his part, has not committed to running again.

NY-03: Former Democratic Rep. Tom Suozzi announced Tuesday morning that he was entering the race to retake the seat still held by indicted GOP Rep. George Santos, and the new contender dispelled any talk that he'd only run if there were a special election by declaring he was filing "to run for Congress in November of 2024." We'll have more on this kickoff in our next Digest.

Judges

PA Supreme Court: The Associated Press writes that Republican Carolyn Carluccio outspent Democrat Dan McCaffery $2.8 million to $900,000 through Sept. 18, though outside groups have also been aiding him in this statewide race. However, it's not quite clear how much other organizations have been spending on the Democrat's behalf: The AP says that Planned Parenthood and Pennsylvanians for Judicial Fairness have deployed "hundreds of thousands more, with more spending coming," while the ACLU and Democratic Legislative Campaign Committee have promised to deploy resources here.

McCaffery ended Sept. 18 with a $1.2 million to $600,000 edge in cash on hand, though Carluccio likely has access to far more money. The story says that she received a total of $2.1 million through that date in donations from Commonwealth Leaders Fund, a group funded by conservative billionaire Jeff Yass. McCaffery, for his part, has benefited from large contributions from unions and trial lawyer organizations.

Mayors and County Leaders

Allegheny County, PA Executive: The Pittsburgh Post-Gazette reports that Republican Joe Rockey continues to enjoy a huge advertising edge over Democrat Sara Innamorato as he tries to score an upset win next month in this 59-39 Biden county. Rockey has deployed $700,000 on TV ads through Friday promoting him as a moderate and pledging to oppose county tax reassessments. His allies at Save Allegheny County, meanwhile, have thrown down another $480,000; the group has gotten about a quarter of its budget from Commonwealth Leaders Fund, which is largely funded by conservative billionaire Jeff Yass.

Innamorato herself spent $140,000 on the general election, while super PACs have not aired their own ads to aid her. Her opening commercial debuted Oct. 1 and begins by touting her as a candidate who "shares our values" on public safety and reproductive rights. The narrator then goes after Rockey as someone who "bankrolled Trump, supporting extremists, backed Republicans repealing reproductive rights, and said he won't stand up for the right to choose."

Obituaries

Ted Schwinden: Former Montana Gov. Ted Schwinden, a Democrat who served from 1981 to 1989, died Saturday at the age of 98. Schwinden famously kept his number listed in a public phonebook even after he became the state's chief executive and answered callers himself; radio hosts throughout the country also would call him at home without warning and speak to the governor on the air. Schwinden's openness and directness won him many fans: A Republican rancher supposedly said, "I don't agree with Ted, but I trust the son of a bitch!"

Schwinden was elected lieutenant governor on a 1976 ticket led by Tom Judge, which marked the first time that both posts were elected together rather than separately. Schwinden decided to challenge Judge for renomination four years later, though, arguing the two-term governor had "run out of steam." (Montana voters wouldn't approve term limits until 1992.) The challenger won 51-42 and went on to defeat Jack Ramírez, the GOP's leader in the state House, 55-45 even as Ronald Reagan was carrying the state 57-32.

Schwinden, who famously turned down a chance to watch the Super Bowl with Miami Dolphins owner Joe Robbie because it would have conflicted with his planned talk to a Montana high school class, proved to be popular in office and won reelection 70-26 during Reagan's 1984 landslide. Schwinden kept his two-term pledge and retired in 1988, and Republican Stan Stephens' victory over Judge that year ended 20 years of Democratic governors.

Schwinden never again sought office and later moved to Arizona, though he remained a useful sounding board for at least one prominent Montana Democrat. Brian Schweitzer recounted that he spoke to the former governor ahead of his ultimately successful 2004 bid to become the state's first Democratic leader since Schwinden himself left office: "The best advice he gave me was be good with money," Schweitzer told the Billings Gazette. "A Dem that is good with money is unassailable, so that's where I always was."

Ad Roundup

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Morning Digest: Republican who got bounced from ballot in governor’s race now weighing Senate bid

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

MI-Sen: The latest Michigan Republican to express interest in the state's open Senate race is former Detroit Police Chief James Craig, who ran a chaotic 2022 campaign for governor even before he was ejected from the ballot over fraudulent signatures. But Craig, who went on to wage a hopeless write-in campaign last year, remains characteristically undeterred, telling The Detroit News he's giving a Senate effort a "real critical look" but has no timeline to make up his mind. Several more disastrous Republican candidates from last cycle are also eyeing Senate runs in other states, though unlike Craig, they were at least able to make the ballot before losing.

Craig was the frontrunner in the summer of 2021 when he entered the GOP primary to take on Democratic Gov. Gretchen Whitmer, though his initial announcement that he was forming an exploratory committee―an entity that doesn't actually exist under Michigan law―was an early omen about the problems ahead. Indeed, the former chief's bid would experience several major shakeups, including the departure of two different campaign managers in less than four months.

Craig, who also made news for his heavy spending, got some more unwelcome headlines in April of 2022 when Rep. Jack Bergman announced he was switching his endorsement to self-funding businessman Perry Johnson; Bergman complained that his first choice ignored "campaigning in Northern Michigan and the [Upper Peninsula] in favor of a self proclaimed Detroit-centric approach." Still, polls showed Craig well ahead in the primary as he sought to become the Wolverine State's first Black governor.

Everything changed in May, though, when election authorities disqualified Craig, Johnson, and three other contenders from the ballot after they fell victim to a huge fraudulent signature scandal and failed to turn in enough valid petitions. Both Craig and Johnson both unsuccessfully sued to get reinstated, but only the former chief decided to forge ahead with a write-in campaign to win the GOP nod.

Craig blustered, "I'm going to win," but he became an afterthought even before far-right radio commentator Tudor Dixon emerged as the new frontrunner. Craig's write-in effort ended up taking all of 2% of the vote, though he was far from willing to back Dixon after she secured the nomination that once looked his for the taking. He instead endorsed U.S. Taxpayers Party contender Donna Brandenburg, who had also been ejected from the Republican primary, saying that Dixon's extreme opposition to abortion rights went too far even for him. Whitmer soon won 54-44, with Brandenburg in fourth with just 0.4%.

Craig's newest campaign flirtations come at a time when no major Republicans have stepped up to run for the Senate seat held by retiring Democratic incumbent Debbie Stabenow. The only notable declared contender is state Board of Education member Nikki Snyder, who also failed to make the primary ballot in 2020 when she tried to challenge Democratic Rep. Elissa Slotkin. (Dixon herself didn't shut the door on a Senate bid right after Stabenow announced her departure in January, but we've heard little from her over the following three months.)

Slotkin continues to have the Democratic side to herself, though actor Hill Harper reportedly plans to run and state Board of Education President Pamela Pugh is publicly considering herself.

1Q Fundraising

  • CA-30: Mike Feuer (D): $654,000 raised (in eight weeks), $630,000 cash on hand
  • RI-02: Seth Magaziner (D-inc): $360,000 raised

Senate

CT-Sen: Democratic Sen. Richard Blumenthal on Sunday underwent what he said was a “completely successful” surgery for a broken leg after someone accidently tripped and collided with him at the previous day’s victory parade for the University of Connecticut's men’s basketball team. Homestate colleague Chris Murphy tweeted, “FYI after he broke his femur he got back up, dusted himself off, and FINISHED THE PARADE,” adding, “Most Dick Blumenthal thing ever.”

MS-Sen: Far-right state Rep. Dan Eubanks has filed FEC paperwork for a potential Republican primary bid against Sen. Roger Wicker, who doesn’t appear to have made many intra-party enemies. Eubanks, who said in 2020 his family would not be getting vaccinated for COVID, introduced a pair of bills the next year to criminalize abortion and to prevent employers from requiring COVID vaccines.

MT-Sen: Rep. Matt Rosendale doesn’t seem to be in the least bit of a hurry to reveal if he’ll seek a rematch with Democratic Sen. Jon Tester, telling CNN, “We’re just taking a nice slow time to let the people in Montana decide who they want to replace him with.”

PA-Sen: Sen. Bob Casey confirmed Monday he’d seek a fourth term, a long-anticipated decision that still relieves Democrats who weren’t looking forward to the idea of defending an open seat in a swing state. Republican leaders continue to hope that rich guy ​​Dave McCormick will take on Casey after narrowly losing the 2022 primary for the other Senate seat, though McCormick has yet to reveal any timeline for deciding beyond sometime this year. Those same GOP leaders are also not looking forward to the prospect that state Sen. Doug Mastriano could make trouble for them again after his catastrophic bid for governor last cycle.

WI-Sen: CNN reports that GOP leaders are urging Rep. Mike Gallagher to take on Democratic Sen. Tammy Baldwin, and he’s characteristically not quite ruling it out. “I’m not thinking about it at present,” the congressman said, which is similar to the response he’s given for months. He added of his time in office, “I’d never conceived of this as a long-term thing; I don’t think Congress should be a career ... I’m going to weigh all those factors and see where I can make the best impact.”

Governors

LA-Gov: Republican Stephen Waguespack says he’s raised about $900,000 in the four weeks since he stepped down as head of the Louisiana Association of Business and Industry to run for governor, but his super PAC allies have taken in considerably more to help jump start his campaign. Delta Good Hands and Reboot Louisiana together have hauled in $2.23 million during the not-quite quarterly fundraising period that finished April 7; reports are due for everyone April 17.

House

CA-45: Attorney Aditya Pai announced Monday that he would campaign as a Democrat against Republican Rep. Michelle Steel in next year’s top-two primary for a constituency Biden carried 52-46. Pai, who immigrated from India as a child, would be the first Indian American to represent an Orange County-based seat in Congress.

Also in the running are two fellow Democrats: Garden Grove City Councilwoman Kim Bernice Nguyen and attorney Cheyenne Hunt, a former consumer advocate from Public Citizen whom Politico says enjoys a "substantial TikTok following."

OH-09: Real estate broker Steve Lankenau, who served as mayor of the small community of Napoleon from 1988 to 1994, has announced that he's joining the GOP primary to take on Democratic Rep. Marcy Kaptur.

Another local Republican, disastrous 2022 nominee J.R. Majewski, made news briefly Friday when he updated his information with the FEC, though some outlets initially and incorrectly reported that he'd filed paperwork for a rematch with Kaptur. As we've written before, though, what look like new filings from defeated candidates often have more to do with resolving financial and bureaucratic matters from their last campaign than they do about the future, and Majewski himself said, "Unfortunately I have not filed a statement of candidacy."

PA-07, PA-08, PA-17: Inside Elections' Erin Covey surveys the potential Republican fields in a trio of Democratic-held House seats in Pennsylvania, though no big names have so much as publicly expressed interest in running yet.

We'll start in Democratic incumbent Susan Wild's 7th District in the Lehigh Valley, a constituency Joe Biden took just 50-49 in 2020. Covey reports that Lisa Scheller, whom Wild narrowly held off in both 2020 and 2022, hasn't ruled out another try, though unnamed Republicans doubt she'll wage a third campaign. There's been some chatter about state Rep. Ryan Mackenzie and Kevin Dellicker, who lost last year's primary to Scheller just 52-48, though no word if either is interested.

The situation is similar in Rep. Matt Cartwright's 8th District just to the north, a Scranton/Wilkes-Barre constituency that Donald Trump carried 51-48. Another two-time nominee, Jim Bognet, reportedly hasn't closed the door on another attempt, but a GOP source tells Covey there's "definitely donor fatigue" about him. State Sen. Rosemary Brown and gastroenterologist Seth Kaufer have been talked about as alternatives, but a party operative acknowledges, "It's been oddly quiet at this point in terms of people talking with other people about potentially running."

There seems to be a bit more interest in taking on freshman Democratic incumbent Chris Deluzio in the 17th District across the state in the Pittsburgh suburbs, though still no takers yet for this 52-46 Biden seat. Covey writes that 2022 nominee Jeremy Shaffer, who lost to Deluzio 53-47, "has shown some interest" in a 2024 attempt, as has state Rep. Rob Mercuri. A few other Republicans have also been mentioned including 2022 primary runner-up Jason Killmeyer; businesswoman Tricia Staible, who dropped out before the primary; Allegheny County Councilman Sam DeMarco; and former state House Speaker Mike Turzai.

RI-01: Former state Rep. Aaron Regunberg declared Monday that he would compete in the upcoming special election while his fellow Democrat, state Rep. Steve Casey, has filed FEC paperwork and says he'll also announce soon. Regunberg in 2018 waged a primary bid against Lt. Gov. Dan McKee, who had long had an uneasy relationship with progressives and unions. The challenger, who accused McKee of accepting "dark money" from PACs, also benefited from the support of several major labor groups, and it was almost enough to unseat him.

But McKee, who argued that he'd be better positioned to lead the state should Gov. Gina Raimondo leave office early, maintained the backing of most Ocean State politicos, and he held on 51-49 before decisively winning the general election. The scenario the incumbent predicted indeed came to pass in 2021 when Raimondo became U.S. secretary of commerce and McKee replaced her as governor.

Judges

NY Court of Appeals: Democratic Gov. Kathy Hochul announced Monday that her new nominee to head New York's highest court would be a current member of its liberal wing, associate Judge Rowan Wilson, a development that comes almost two months after the state Senate overwhelmingly rejected her first choice for chief judge of the Court of Appeals. Hochul also revealed that she'd be picking attorney Caitlin Halligan, who is a former state solicitor general, to take the associate seat Wilson would be vacating.

New York Focus' Sam Mellins predicted that Halligan would be the swing vote on a body where liberals and conservatives have been evenly split since conservative Chief Judge Janet DiFiore unexpectedly resigned last year. DiFiore's departure last time gave Hochul a chance to reshape the court―a chance she very much did not take at first.

In New York the governor is required to pick from a list of seven court nominees submitted by the Commission on Judicial Nominations, and The Daily Beast reported in January that the one name that labor groups objected to was the person Hochul opted for, Hector LaSalle. LaSalle needed a majority of the state Senate to vote his way, but the Democratic-led body ultimately delivered him a historic 39-20 rejection.  

Prominent liberals this time responded by praising Wilson, who would be the Court of Appeals' first Black chief judge, while Halligan's nomination hasn't attracted anything like the backlash that greeted LaSalle. The Center for Community Alternatives, the progressive coalition that helped block LaSalle earlier this year, said that, while Halligan's time representing "a prosecutor's office and of major corporations in disputes against their employees and others raises concerns," she would still be "a marked improvement" from DiFiore.

CCA, which also noted Halligan had represented progressives, called for the state Senate to "scrutinize her closely in its consideration of her nomination." Majority Leader Andrea Stewart-Cousins and other powerful Democrats who opposed LaSalle in turn issued statements supportive of both Wilson and Halligan.

PA Supreme Court: Newly released fundraising reports for the May 16 primaries show that the two contenders who have the backing of their respective state party, Democrat Daniel McCaffery and Republican Carolyn Carluccio, hold a big edge over their intra-party foes. The post everyone wants to win on Nov. 7 became vacant last September when Chief Justice Max Baer died at the age of 74, just months before the Democrat was required to retire because of age limits.

McCaffery outraised fellow Superior Court Judge Deborah Kunselman $141,000 to $56,000 among donors during the first three months of 2023, with Kunselman throwing down another $11,000. Carluccio, who holds the title of president judge in Montgomery County, meanwhile raised $122,000 and threw down another $25,000.

Finally, Spotlight PA says that almost all of the $11,000 that Commonwealth Court Judge Patricia McCullough hauled in came from the campaign of state Sen. Doug Mastriano, the QAnon ally who was the GOP's 2022 nominee for governor.

Legislatures

TN State House: Just days after being expelled from the Tennessee legislature for taking part in a demonstration on the House floor, Democrat Justin Jones was unanimously restored to his post by Nashville’s Metropolitan Council. Republicans had sought Jones' ouster after he used a megaphone to lead a chant in favor of gun law reforms from the chamber's well, but the state constitution gives local county governments the power to fill vacancies. (The Metro Council is officially nonpartisan but leans Democratic.)

The constitution also forbids lawmakers from punishing members twice for the same offense, so Jones should be able to keep his seat until a special election can be held for a permanent replacement—a race in which he's also eligible to run. Jones was unopposed last year in his bid for the safely blue 52nd District, though he first had to win a competitive primary.

A second Democrat who was ejected from the House, Justin Pearson, is also likely to be reinstated when the Shelby County Commission meets on Wednesday to discuss the fate of the Memphis-area 86th District, another deep blue seat. Like Jones, Pearson also ran uncontested when he won a special election just last month after dominating a large primary field.

One commissioner who supports Pearson said that Republican legislative leaders have threatened to cut funding for the county if it sends Pearson back to the legislature. GOP lawmakers have also retaliated against Nashville for thwarting their plans to host the 2024 Republican convention by, among other things, passing a bill to cut the 40-member Metro Council in half, but that effort was temporarily blocked by a court on Monday.

Mayors and County Leaders

Allegheny County, PA Executive: The first poll we've seen of the May 16 Democratic primary is an early March survey from the GOP firm Public Opinion Strategies for the "business-organized labor-workforce-economic development alliance" Pittsburgh Works Together, and it shows county Treasurer John Weinstein leading Pittsburgh Controller Michael Lamb 28-24 as state Rep. Sara Innamorato took 17%. No other candidate earned more than 2% in the nomination fight to succeed termed-out incumbent Rich Fitzgerald in this loyally blue community.

WESA's Chris Potter writes that, while party insiders "say the numbers track with other internal polls taken in March," much has happened since this POS survey was conducted. Weinstein launched his first ads in late February and had a monopoly on the airwaves for weeks, but Lamb, Innamorato, and attorney Dave Fawcett have since started running commercials. Weinstein also has attracted weeks of scrutiny over his ethics in office, including what Potter weeks ago characterized as "alleged secret deals to be returned to the board of the county's sewer authority."

Philadelphia, PA Mayor: A judge on Monday issued a temporary order banning grocer Jeff Brown’s super PAC allies from spending more money on his behalf, a move that came after the Philadelphia Board of Ethics filed a lawsuit alleging that Brown and For A Better Philadelphia had improperly coordinated ahead of the May 16 Democratic primary. The PAC’s attorney said that the group, which has spent $1.1 million, had finished its spending for the campaign and would agree to the order, though it pushed back on the board’s claims. A full hearing is set for April 24.

The board alleges that Brown “engaged in extensive fundraising” for the PAC’s nonprofit arm, which in turn financed its electoral efforts. The candidate’s attorney disputes this, calling the suit “a disagreement on campaign finance between the lawyers.”

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

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

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

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

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

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

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

election calls

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

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

Georgia Runoff

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

Redistricting

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

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

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

Senate

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

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

House

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

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

Attorneys General and Secretaries of State

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

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

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

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

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

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

Legislatures

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

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

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

Mayors and County Leaders

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

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

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

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

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

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

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