Category: ChrisDeluzio

Morning Digest: Why two conservative Arizona justices could lose this fall

Posted on by Daily Kos Elections

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

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Leading Off

● AZ Supreme Court: Arizona voters will likely have the chance to overturn their state Supreme Court's new ruling banning nearly all abortions when they head to the polls this fall, but they'll also have the opportunity to reshape the court itself.

As Bolt's Daniel Nichanian points out, two of the justices who voted with the majority will be up for election to new six-year terms in November, Clint Bolick and Kathryn Hackett King. They won't have actual opponents, though, but rather will face what are known as "retention" elections. Under this system, which is used for members of the judiciary in many states, voters are presented with a simple "yes/no" question asking whether a particular judge should "be retained in office."

It's rare for judges to lose retention elections, but it's also rare for a state supreme court to thrust itself into the national limelight the way that Arizona's just did. And abortion will be a top—if not the top—issue this year in Arizona, particularly because reproductive rights supporters say they've already collected enough signatures to place a measure on the November ballot that would enshrine the right to an abortion into the state constitution.

Should Bolick or Hackett King lose, Democratic Gov. Katie Hobbs would be able to appoint replacements, drawn from a list created by the state's Commission on Appellate Court Appointments. But while that commission is, under the state constitution, supposed to be politically diverse, Hobbs' Republican predecessor, Doug Ducey, stacked the board with nominal independents who have ties to the GOP.

Hobbs could reshape the commission with her own appointments, which implicates yet another set of important Arizona elections. Commission members must be approved by the state Senate, which Republicans control by a narrow 16-14 majority. Every member of the Senate, though, will be up for election this year. With abortion so salient—GOP leaders have refused to consider legislation—reversing the court's ban—Democrats have a strong chance of flipping the chamber.

It would, however, be some time before the court could see a majority of Democratic appointees, though such a shift is by no means impossible. The two dissenters in the abortion case, Chief Justice Robert Brutinel and Vice Chief Justice Ann Timmer, will hit the mandatory retirement age of 70 in 2028 and 2030, respectively. Should Hobbs win reelection in 2026, she'd get to fill those vacancies as well. (Bolick, should he survive retention, would face mandatory retirement in 2027, while Hackett King would not do so until 2050.)

The Downballot

It's only April, but the Washington Post's new report on GOP golden boy Tim Sheehy is a strong contender for the craziest political story of the year. On this week's episode of "The Downballot," co-hosts David Nir and David Beard dissect the countless contradictions in Sheehy's tales about a bullet wound that he either received in Afghanistan or in a national park three years later. The Davids also explain why the Arizona Supreme Court's appalling new ruling banning nearly all abortions could lead to two conservative justices losing their seats this fall.

Our guest this week is Sondra Goldschein, who runs the Campaign for a Family Friendly Economy, an organization dedicated to improving America's badly lagging "care infrastructure." Goldschein explains how issues like paid medical leave laws and greater access to childcare affect an enormous swath of the electorate—and why they're closely tied to voters' perceptions of their economic fortunes. She also highlights candidates her group is working to elect to make these policies a reality.

Subscribe to "The Downballot" wherever you listen to podcasts to make sure you never miss a show. You'll find a transcript of this week's episode right here by Thursday afternoon. New episodes every Thursday morning!

1Q Fundraising

  • DE-Sen: Lisa Blunt Rochester (D): $1 million raised

  • MA-Sen: Elizabeth Warren (D-inc): $1.1 million raised, $4.4 million in cash on hand 

  • MD-Sen: Larry Hogan (R): $3.1 million raised (in 51 days)

  • AZ-06: Kirsten Engel (D): $1.2 million raised, $1.8 million cash on hand

  • CA-40: Young Kim (R-inc): $1.3 million raised, $3 million cash on hand 

  • CO-05: Jeff Crank (R): $300,000 raised, $225,000 cash on hand 

  • IL-17: Eric Sorensen (D-inc): $745,000 raised, $2.1 million cash on hand 

  • MD-06: Joe Vogel (D): $231,000 raised, $235,000 cash on hand 

  • NE-02: Tony Vargas (D): $777,000 raised, $1.6 million cash on hand

  • PA-17: Chris Deluzio (D-inc): $750,000 raised, $1.45 million cash on hand 

  • VA-10: Eileen Filler-Corn (D): $370,000 raised, $430,000 cash on hand 

  • WA-05: Michael Baumgartner (R): $400,000 raised (in one month) 

Senate

● MD-Sen: Attorney General Anthony Brown announced Wednesday that he was supporting Rep. David Trone in the May 14 Democratic primary, a declaration that Trone made public in a campaign ad. Brown is arguably the most prominent Black politician who has opted to support Trone, who is white, over Prince George’s County Executive Angela Alsobrooks, who would be Maryland's first Black senator.

But while most of the state's political establishment is backing Alsobrooks, Brown and Trone are longtime allies. As a member of the House in 2018, Brown endorsed Trone in the primary for a nearby seat, and as Time's Eric Cortellessa reminds us, the wealthy Trone financed ads to help his colleague's successful 2022 bid for attorney general.

● MT-Sen: VoteVets has already launched what Politico reports is a $200,000 ad buy focused on a truly bizarre Washington Post story about former Navy SEAL Tim Sheehy and a gunshot injury.

The Republican is shown saying, "I have a bullet stuck in this arm still from Afghanistan," before a narrator says Sheehy may have actually been wounded in a parking lot at Glacier National Park. "Sheehy told investigators the bullet in his arm is from a gun falling and firing on a family hiking trip," the voiceover continues. "Come on, Tim, it's one more shady story that doesn't add up."

Governors

● NC-Gov: Quinnipiac University's first look at the race for governor shows Democrat Josh Stein leading Republican Mark Robinson 48-41, with Libertarian Mike Ross and Green Wayne Turner at 4% and 2%, respectively. The omission of those two third-party candidates doesn't make much of a difference, though, as the school shows Stein ahead by a similar 52-44 margin in a head-to-head contest. Respondents favor Donald Trump over Joe Biden 41-38 in a five-person field and 48-46 when only major candidates are included.

This is the largest lead for Stein that we've seen in any poll, and it's also considerably different from what other surveys have shown over the last month. An early March poll from the conservative firm Cygnal showed Robinson up 44-39, while SurveyUSA and Marist College found Stein ahead only 44-42 and 49-47, respectively.

● WV-Gov: Campaign finance reports for the first quarter of the year are now in, and MetroNews has rounded up the numbers for all the major Republicans competing in the May 14 primary for West Virginia's open governorship:

  • Attorney General Patrick Morrisey: $876,000 raised, $1.7 million cash on hand

  • Former Del. Moore Capito: $337,000 raised, $1.1 million cash on hand

  • Businessman Chris Miller: $216,000 raised, additional $50,000 self-funded, $1.2 million cash on hand

  • Secretary of State Mac Warner: $73,000 raised, $193,000 cash on hand

Huntington Mayor Steve Williams, who has the Democratic side to himself, raised $18,000 and ended March with $21,000 in the bank.

House

● CA-16: A pair of voters unexpectedly requested a recount on Tuesday, just days after election authorities certified that both Assemblymember Evan Low and Santa Clara County Supervisor Joe Simitian would advance to an all-Democratic general election with former San Jose Mayor Sam Liccardo. However, it remains to be seen if any recount will actually take place.

Politico explains that California requires anyone who asks for a recount to pay for it before the April 15 deadline. If payment isn't submitted by then, the current results of the March 5 top-two primary that have Low and Simitian tied for second place would stand. (California, unlike many states, does not have automatic recounts no matter how close a race is.)

Election officials in Santa Clara County, which forms 84% of the 16th District by population, say that a 10-day manual recount would cost a total of $320,000. A five-day machine recount would have a considerably smaller $84,200 price tag, but the Mercury News' Grace Hase writes that such a process is less likely to catch any tabulation errors.

San Jose Spotlight's Jana Kadah adds that a manual recount would cost another $85,000 in San Mateo County, which forms the balance of the district. (It's not clear how much a machine recount in San Mateo would be.)

One of the two requesters, former San Mateo County Board of Supervisors candidate Dan Stegink, told Hase he was willing to pay for a recount. Santa Clara County officials also say they don't know if Stegink could split the cost with the other requester, 2020 Biden Delegate Jonathan Padilla.

Low's campaign was quick to highlight that Padilla worked on Liccardo's 2014 bid to lead San Jose to argue that the former mayor was behind the recount request. Low's team also invoked a very different politician in slamming the request. "This is a page right out of Trump’s political playbook using dirty tricks to attack democracy and subvert the will of the voters," the campaign said in a statement.

Liccardo's campaign denied it had asked Padilla to do anything, but a spokesperson didn't sound upset about the development. "We understand why, under these extraordinary circumstances, there would be an effort to make sure these votes are fully considered," said a Liccardo consultant.

Simitian, by contrast, didn't express a preference either for or against a recount. "Eventually, this process will work itself out," he said in a statement.

Hase also obtained an early April Liccardo internal poll from Lake Research Partners that shows him leading Low 26-21, with Simitian at 20%. The story did not include results testing Liccardo in one-on-one matchups.

Kadah previously reported on Monday that another firm, McGuire Research, has been testing Liccardo in various scenarios. There's no word on the results or the client, but the existence of the poll led to speculation that the former mayor or his allies were trying to determine whether he'd benefit if only one of his opponents were to advance―speculation that only intensified when Stegink and Padilla filed their recount requests a day later.

● MD-06: Del. Joe Vogel is airing what appears to be the first negative TV ad of the May 14 Democratic primary for Maryland's open 6th District, and the Washington Post's Katie Shepherd reports he's spending $35,000 to link former Commerce Department official April McClain Delaney to hardline Republicans.

The ad, which Maryland Matters says is Vogel's first television commercial, opens with the candidate declaring that "every Democrat for Congress" has a similar agenda, which is an unusual line for any campaign ad. However, he continues, "The difference is our approach. McClain Delaney donates to extreme Republicans and is friends with Tucker Carlson and Paul Ryan."

The 27-year-old lawmaker goes on, "I come from the school shooting generation, where we know you can’t hope politicians do the right thing. You have to make them." Vogel does not mention any of the other 12 Democratic candidates seeking to replace David Trone, who is running for Senate.

Vogel, writes Shepherd, previously deployed some of these arguments against McClain Delaney at debates. McClain Delaney has countered that her bipartisan friendship with the Ryan family began when her husband, former Rep. John Delaney, and the Wisconsin Republican served together in the House.

Vogel has also faulted McClain Delaney for making a contribution to Jim DeMint, a South Carolina Republican who was once one of the most prominent ultra-conservatives in the Senate, in 2005. (DeMint resigned in 2013 to lead the Heritage Foundation.) Shepherd says that Delaney responded by shaking her head and "at one point throwing her hands into the air" during the debate, though she did not dispute the donation.

As for Carlson, Vogel's ad cites a 2018 piece from MOCO 360 about John Delaney's longshot White House bid that identified the far-right media personality as a friend of the then-congressman. The story did not touch on McClain Delaney's connection to the former Fox News commentator.

Vogel launched this spot around the same time that he released a mid-March GBAO internal that showed Delaney leading him 17-10, with a 48% plurality undecided. We haven't seen any other polls here all year.

Delaney, for her part, began airing ads a month ago, and she uses her most recent spot to tout herself as someone who will protect children from "Big Tech." Shepard says the only other Democratic candidate who has taken to the airwaves is Ashwani Jain, a former Obama administration official who won just 2% in the 2022 primary for governor.

● MI-03: A super PAC called West Michigan For Change announced Wednesday that it had taken in $1 million to promote attorney Paul Hudson, who is the leading Republican running to take on freshman Democratic Rep. Hillary Scholten. The group, which did not bring in any money last year, did not say where the influx of cash came from.

Joe Biden carried this constituency 53-45 in 2020, and Scholten's 55-42 victory two years later made her the first Democrat to represent a Grand Rapids-based seat in the House since the mid-1970s. Scholten's allies at House Majority PAC don't seem convinced that those decisive wins mean this seat is out of reach for the GOP, however, as the group recently booked $1.3 million in ad time for the Grand Rapids media market.

● NH-02: Businessman Vikram Mansharamani became the first notable Republican to launch a bid to succeed retiring Democratic Rep. Annie Kuster on Wednesday, though his last campaign for office was anything but impressive. Mansharamani self-funded about $300,000 last cycle in his bid to take on Democratic Sen. Maggie Hassan, but he ended up taking a distant fourth place in the primary with less than 8% of the vote.

Mansharamani is also unlikely to be the last Republican to join the September primary. The Union Leader reports that state Rep. Joe Sweeney and 2014 nominee Marilinda Garcia are considering, though there are no quotes from either would-be candidate.

On the Democratic side, Concord Mayor Byron Champlin and businessman Gary Hirshberg this week joined Kuster in endorsing former Executive Councilor Colin Van Ostern rather than running themselves.

● NJ-10: Democratic Rep. Donald Payne's office said Tuesday evening that he'd "suffered a cardiac episode based on complications from his diabetes during the weekend," but that his "prognosis is good and he is expected to make a full recovery." Payne is seeking reelection this year in New Jersey's safely Democratic 10th District.

● Filing: Candidate filing closed in five more states over the last week: April 4 was the deadline in New York, Tennessee, and Virginia, while the respective deadlines for Oklahoma and North Dakota were April 5 and April 8. We'll have more on each state below.

● New York: While the state publishes a list of candidates who filed to run for Congress in the June 25 primary, it doesn't include all House seats. That's because candidates running for a district contained entirely within either a single county or New York City file with their local election authorities, while everyone else files with the state.

Under the new congressional map, 11 districts (the 5th through the 15th) are located wholly within the city, while the only two single-county seats anywhere else in the state are the 1st District in Suffolk County and the 4th District in Nassau County. Election authorities in those jurisdictions have not released candidate lists yet, though Politics1 has compiled an unofficial roster for each seat.

There are no reports of any big names launching last-second campaigns, which isn't a surprise in a state where getting on the ballot can be a challenge. Most major party congressional candidates were required to hand in 1,250 valid signatures to compete in the primary, though Republicans running in the dark blue 13th and 15th Districts had a smaller target to hit because their party has so few registered voters in those constituencies.

Not everyone who submitted petitions by Thursday will necessarily make the primary ballot, however, because campaigns have long been aggressive about going to court to challenge the validity of their opponent's signatures. One former leader of the Brooklyn Democratic Party expressed a common view of this age-old practice in a 2022 interview with City & State. 

"Fuck them!" Frank Seddio said of anyone who might get knocked off the ballot for a lack of signatures. "Breathing shouldn't be the only qualification for running for office."

● North Dakota: Former Miss America Cara Mund filed to run for North Dakota's only House seat as a Republican about half an hour before the deadline, telling the North Dakota Monitor that there weren't any moderates competing in the June 11 primary. 

Mund, a supporter of abortion rights, ran against GOP Rep. Kelly Armstrong in the 2022 general election as an independent candidate and wound up as his only opponent after the Democratic nominee dropped out. Mund's effort attracted national attention, but Armstrong went on to fend her off by a 62-38 margin in this dark red state. That performance was significantly better than Joe Biden's landslide 65-32 loss two years earlier, but it still fell far short of victory.

The GOP field to succeed Armstrong, who is running for governor, consists of former State Department official Alex Balazs, former state Rep. Rick Becker, Public Service Commissioner Julie Fedorchak, and one minor candidate. Democrats are running Marine Corps veteran Trygve Hammer and perennial candidate Roland Clifford Riemers.

The GOP primary to replace retiring Gov. Doug Burgum, meanwhile, remains a duel between Armstrong and Burgum's choice, Lt. Gov. Tammy Miller, while state Sen. Merrill Piepkorn has the Democratic side to himself.

● Oklahoma: Republican Sen. Markwayne Mullin and each of the five members of Oklahoma's all-Republican House delegation are seeking reelection, and there's no indication any of them have anything to worry about in either the June 18 primary or the November general election. An Aug. 27 runoff would take place in any primary where no one earns a majority of the vote.

● Tennessee: The biggest news in the Volunteer State was Davidson County Metro Councilmember Courtney Johnston's decision to challenge freshman Rep. Andy Ogles in the Aug. 1 Republican primary for the 5th District, a development we covered in a recent Digest. She's not Ogles' only intra-party challenger, though, as cybersecurity executive Tom Guarente is also in. 

Guarente has attracted relatively little attention, but his presence on the ballot could cost Johnston enough support to allow the incumbent to win with a plurality. (Unlike many Southern states, Tennessee does not use primary runoffs.) The eventual winner will be favored in the general election for a seat that Donald Trump carried 55-43 in 2020.

Over in the dark red 8th District in West Tennessee, GOP Rep. David Kustoff learned last week that he'd once again face a primary battle against radiologist George Flinn, a self-funding perennial candidate who owns a network of radio and TV stations. Flinn, who served on the Shelby County Commission in the 2000s, had already waged several well-funded but doomed campaigns when he entered the 2016 primary to replace retiring Rep. Stephen Fincher in the prior version of the seat.

Flinn's resources were almost enough to propel him to victory in what was a packed race, but Kustoff edged him out 27-23. Flinn tried again two years later, but Trump's support helped Kustoff win an expensive rematch 56-40. Flinn went on to take just 3% in the 2020 Senate primary, secure 2.5% as an independent in the 9th District against Democratic Rep. Steve Cohen, and wage an abortive 2023 bid for mayor of Memphis.

Republican Rep. Tim Burchett, by contrast, found out he'd have no primary opposition in the 2nd District, an East Tennessee constituency that hasn't elected a Democratic representative since 1852. There was talk earlier this year that Kevin McCarthy and his allies would target Burchett, who was one of the eight Republicans who voted to end McCarthy's speakership in October. However, they never found a backup candidate after former state Rep. Jimmy Matlock announced in February that he wouldn't run.

● Virginia: The Virginia Department of Elections says that it will post its list of candidates "on, or shortly after April 15." Primaries will take place on June 18. For the first time in many years, Republicans will rely on state-run primaries to pick all of their candidates, eschewing conventions or party-run "firehouse" primaries. (Democrats, who have almost always preferred traditional primaries, will also use them exclusively.)

Ad Roundup

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

Posted on by Daily Kos Elections

The Daily Kos Elections Morning Digest is compiled by David Nir, Jeff Singer, Stephen Wolf, Daniel Donner, and Cara Zelaya, with additional contributions from David Jarman, Steve Singiser, James Lambert, David Beard, and Arjun Jaikumar. Click here to subscribe.

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Leading Off

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

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

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

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

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

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

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

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

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

The Downballot

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

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

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

3Q Fundraising

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

Senate

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

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

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

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

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

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

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

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

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

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

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

● Polls:

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

Governors

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

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

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

● Polls:

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

House

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

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

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

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

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

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

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

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

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

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

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

Attorneys General & Secretaries of State

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

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

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

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Morning Digest: Trump’s forces take down Rep. Tom Rice in South Carolina, but Nancy Mace holds on

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

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Leading Off

● SC-01, SC-07: Two members of South Carolina’s U.S. House delegation went up against Trump-backed Republican primary opponents on Tuesday, but while 1st District Rep. Nancy Mace secured renomination, voters in the neighboring 7th District ejected pro-impeachment Rep. Tom Rice in favor of state Rep. Russell Fry. Mace turned back former state Rep. Katie Arrington, who was Team Red’s unsuccessful 2018 nominee, 53-45, which was just above the majority she needed to avoid a June 28 runoff. Fry also averted a second round in his six-way race by lapping Rice 51-25.

Mace, who was the first woman to graduate from the state’s famed military academy the Citadel, became one of the GOP’s most promising rising stars in 2020 when she unseated Democratic incumbent Joe Cunningham in a very expensive race. Mace, however, broke with 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.” She never backed impeachment and soon stopped trying to pick fights with Trump, but the GOP master still decided to repay her by endorsing Arrington, who had denied renomination in 2018 to then-Rep. Mark Sanford, in February.

Arrington, who launched her new campaign by blasting the incumbent as a "sellout" who "sold out the Lowcountry" and "sold out President Trump,” released a poll in early March arguing that her all-Trump all the time strategy would carry her to victory. Those Remington Research Group numbers showed Mace’s 50-35 lead transforming into a 51-33 Arrington advantage after respondents were informed she was the “Trump Endorsed America First Candidate,” which led the pollster to conclude that “there is no path to victory” for Mace.  

The congresswoman, though, worked to frame the primary as anything other than a fight between her and Trump. Shortly after Arrington’s kickoff, Mace posted a video shot across the street from Trump Tower where, after talking about her longtime Trump loyalty, she says, “If you want to lose this seat once again in a midterm election cycle to Democrats, then my opponent is more than qualified to do just that.” The GOP legislature did what it could to make sure that no one could lose this coastal South Carolina seat to Democrats by passing a map that extended Trump’s 2020 margin from 52-46 to 54-45, but that didn’t stop Mace from convincingly arguing that Arrington would be electoral Kryptonite against the Democrats’ well-funded candidate, pediatrician Annie Andrews.   

Rice, by contrast, went far further than Mace by actually voting for impeachment last year, a move so shocking that his own consultant initially assumed the five-term congressman had simply hit the wrong button. That vote instantly ensured that Rice, who had been easily renominated every cycle since he’d first won this safely red Myrtle Beach-area constituency in a competitive 2012 primary, would be in for an extremely difficult campaign, and several Republicans soon began challenging him.

Fry, though, cemented his status as the frontrunner after Trump backed him in February, and he soon earned national attention of his own with a truly strange ad depicting the apostate incumbent attending a touchy-feely "Villains Anonymous" meeting with the likes of the Joker, Lucifer, a pirate, Maleficent, and Delores Umbridge of the "Harry Potter" franchise. Rice and his remaining allies fought back by arguing that the congressman was too influential to fire and that Fry wasn't actually the conservative he presented himself as, but it was far from enough.

Rice himself argued to the end that he’d made the right decision by voting to impeach Trump over Jan. 6, saying, “He sat there and watched the Capitol get sacked and took pleasure in that … That’s what a dictator would do.” That didn’t prove to be a very compelling argument, though, and GOP primary voters responded by decisively nominating Fry in his place.

Election Recaps

● TX-34 (special): Conservative activist Mayra Flores flipped this Rio Grande Valley constituency to the GOP on Tuesday by taking a majority of the vote in the all-party primary to succeed Democratic Rep. Filemon Vela, who resigned earlier this year to take a job at a lobbying firm. (Vela announced his retirement last year but hadn’t previously indicated he’d leave Congress early.) Flores outpaced former Cameron County Commissioner Dan Sanchez, a Democrat who is not running for a full two-year term anywhere, 51-43 after a campaign where Republicans spent over $1 million while Democrats only began airing TV ads in the final week.

Flores was already the GOP nominee for the new version of the 34th District, where Republican mapmakers extended Joe Biden’s margin of victory from just 52-48 to 57-42 in order to strengthen their position in nearby seats. Her opponent will be Democratic Rep. Vicente Gonzalez, who decided to run here because that very GOP gerrymander made his own 15th District more conservative: This will almost certainly be the only incumbent vs. incumbent general election of the cycle other than the race for Florida’s 2nd District between Democratic Rep. Al Lawson and Republican colleague Neal Dunn.

While Flores will be in for a difficult fight in November on more Democratic terrain, though, Republicans are hoping that her win Tuesday proves that the GOP can still secure further gains in heavily Latino areas. Flores also will have a geographic advantage, as she’ll spend the next several months representing 75% of the new 34th District; Gonzalez, by contrast, currently serves the remaining quarter.

● Primary Night: Here’s a look at where Nevada’s key races for Senate, governor, and U.S. House stand as of Wednesday morning. Note that, because a large number of ballots remain untabulated, these margins could change before the results are certified:

  • NV-Sen (R): Former Attorney General Adam Laxalt turned back an unexpectedly well-funded campaign from Army veteran Sam Brown by a 56-34 margin. Laxalt, who was the 2018 nominee for governor, will go up against Democratic incumbent Catherine Cortez Masto in what will be one of the most competitive Senate races of the cycle.
  • NV-Gov (R): Clark County Sheriff Joe Lombardo, who like Laxalt had Trump’s endorsement, defeated attorney Joey Gilbert 38-28 for the right to take on Democratic Gov. Steve Sisolak. Former Sen. Dean Heller, who lost re-election to Democrat Jacky Rosen in 2018, took a distant third with 14%; Heller never lost a race in his long career in Nevada politics until Rosen unseated him four years ago.
  • NV-01 (D): Rep. Dina Titus turned back progressive challenger Amy Vilela in an 82-18 landslide.
  • NV-01 (R): The Associated Press has not yet called this contest but with 89% of the estimated vote in, Army veteran Mark Robertson holds a 30-17 lead over conservative activist David Brog; former 4th District Rep. Crescent Hardy, who raised almost no money for his latest comeback, lags in fourth with just 12%. Democrats in the legislature, much to Titus’ frustration, made this seat in the eastern Las Vegas area considerably more competitive in order to make the 3rd and 4th Districts bluer, and Biden would have carried the new 1st 53-45.
  • NV-02 (R): Republican Rep. Mark Amodei secured renomination in this safely red northern Nevada seat by beating Douglas County Commissioner Danny Tarkanian 54-33. Tarkanian, who was a longtime resident of the Las Vegas area well to the south, finally ended his legendary losing streak in 2020 after moving to Douglas County, but he very much returned to form on Tuesday by failing to win a seat in Congress for the fifth time.
  • NV-03 (R): Attorney April Becker, who was the favored candidate of the GOP establishment, easily defeated self-funder John Kovacs 65-11. Becker will go up against Democratic Rep. Susie Lee in a southern Las Vegas area seat where Democrats extended Biden’s winning margin from just 49.1-48.9 to 52-46.
  • NV-04 (R): The AP hasn’t called this GOP primary yet but with 68% of the estimated vote in, Air Force veteran Sam Peters leads Assemblywoman Annie Black 48-41. The winner will face Democratic incumbent Steven Horsford, whose constituency in the northern Las Vegas area supported Biden 53-45 under the new map.

Senate

● WA-Sen: NBC reports that the Democratic group Future Majority PAC has booked $860,000 for an ad campaign that will start in early July, which will make this the first major outside spending of the contest. Early this month the Northwest Progressive Institute released a survey from the Democratic firm Public Policy Polling giving Democratic incumbent Patty Murray a 51-40 lead over her likely Republican opponent, motivational speaker Tiffany Smiley.

Governors

● IL-Gov: The Republican firm Ogden & Fry's new look at the June 28 GOP primary finds state Sen. Darren Bailey leading Aurora Mayor Richard Irvin 31-17, with venture capitalist Jesse Sullivan at 11%. This is the third poll in a row we've seen showing Bailey defeating Irvin, an outcome that would greatly please Democratic Gov. J.B. Pritzker and his allies.  

● OK-Gov: Amber Integrated (R): Kevin Stitt (R-inc): 47, Joy Hofmeister (D): 29 (March: 44-30 Stitt)

● TX-Gov: The Democratic pollster Blueprint Polling's inaugural survey of Texas shows Republican incumbent Greg Abbott fending off Democratic challenger Beto O'Rourke in a 56-37 landslide. This survey, which the firm says was done "with no input or funding from any candidate, committee, or interest group," comes a month after UT Tyler gave Abbott a considerably smaller 46-39 advantage.

House

● CA-40: The Associated Press on Monday night projected that Rep. Young Kim had defeated her fellow Republican, Mission Viejo Councilman Greg Raths, for the second spot in the general election despite a late Democratic effort to boost Raths. Democrat Asif Mahmood took first in last week's top-two primary with 41%, while Kim beat Raths 34-23 after she and her allies launched a significant last-minute spending spree to turn back the perennial candidate. Biden would have carried this eastern Orange County constituency 50-48.

● FL-10, FL-Sen: Former Rep. Alan Grayson, whom longtime readers will know is one of our least favorite Democrats in America, announced Tuesday that he was abandoning his little-noticed Senate campaign in favor of running to succeed his now-former intra-party rival, Rep. Val Demings, in the safely blue 10th District in the Orlando area. He joins an August primary that includes state Sen. Randolph Bracy; gun safety activist Maxwell Alejandro Frost; pastor Terence Gray; and civil rights attorney Natalie Jackson, all of whom, like Demings but unlike Grayson, are Black.

The Orlando Sentinel notes that several Florida Democrats have argued that this area should continue to be represented by an African American. Indeed, Orange County Democratic Chair Wes Hodge notably said in April, "My intent is to try to keep it [a Black] access seat because it is important to our community," though he predicted, "But, you know, someone can show up at noon on the last day of qualifying with 10 grand in their pocket, and boom, they're on the ballot." Grayson himself had just over $240,000 on-hand at the end of March, a paltry sum for a statewide contest but enough to put up a fight in a House race.

● IL-06: Rep. Sean Casten's office announced Monday evening that his 17-year-old daughter, Gwen Casten, had died that morning. Fellow Rep. Marie Newman, who is Sean Casten's opponent in the June 28 Democratic primary, said in response that her campaign "is working to cease all comparative paid communications immediately."    

● IL-07: The Justice Democrats have launched a $120,000 ad buy supporting gun safety activist Kina Collins' bid against longtime Rep. Danny Davis in the June 28 Democratic primary, which makes this the first outside spending on Collins' side. (A group called Opportunity for All Action Fund has deployed a similar amount for the incumbent.) The spot, writes Primary School, faults Davis for missing House votes as crime and inflation remain a serious problem, and pledges that the challenger would be a more focused representative. Davis fended off Collins 60-14 two years ago in this safely blue Chicago seat.

● VA-02: The Democratic group Patriot Majority has launched a commercial designed to help far-right activist Jarome Bell win next week's Republican primary to take on Democratic incumbent Elaine Luria, which makes this the latest contest where Democrats have tried to pick their opponents. The narrator tells the audience, "Bell is a Navy veteran who calls himself an 'America First conservative' … He supports Trump's election audit in all 50 states, and Bell wants to outlaw abortion." Unsubtly, the narrator concludes, "If Jarome Bell wins, Donald Trump wins too." There is no word on the size of the buy.

Trump himself has not made an endorsement here, but House Minority Leader Kevin McCarthy is all-in for one of Bell's intra-party rivals, state Sen. Jen Kiggans. A late May internal for a pro-Kiggans group showed her decisively beating another primary candidate, Air Force veteran Tommy Altman, 43-9, with Bell at 8%.

● DCCC: The DCCC has added 11 more candidates to its Red to Blue program, which is the DCCC's top-tier list of races where it plans to be heavily involved this cycle: 

  • AZ-01: Jevin Hodge
  • FL-27: Annette Taddeo
  • NC-01: Don Davis
  • NC-13: Wiley Nickel
  • NC-14: Jeff Jackson
  • NY-01: Bridget Fleming
  • NY-22: Francis Conole
  • OR-04: Val Hoyle
  • OR-05: Jamie McLeod Skinner
  • OR-06: Andrea Salinas
  • PA-17: Chris Deluzio

Most of these candidates have already won the nomination or face little intra-party opposition, but the DCCC is taking sides in a few contested primaries. In Arizona’s 1st Hodge, who lost a tight 2020 race for the Maricopa County Board of Supervisors, is going up against former Phoenix Suns employee Adam Metzendorf for the right to take on GOP Rep. David Schweikert. (A third Democrat, environmental consultant Ginger Sykes Torres, failed to collect enough signatures to continue her campaign.)

Taddeo, likewise, has to get past Miami Commissioner Ken Russell before she can focus on Republican Rep. María Elvira Salazar in Florida's 27th. Finally, Conole faces Air Force veteran Sarah Klee Hood, Syracuse Common Council member Chol Majok, and former Assemblyman Sam Roberts in the primary for New York's open 22nd District.  

Ad Roundup

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

Morning Digest: Tennessee GOP’s bill would block Trump’s pick, but they’ll need courts to agree

Posted on by Daily Kos Elections

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

Subscribe to our podcast, The Downballot!

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Leading Off

● TN-05: Tennessee lawmakers have sent a bill to Gov. Bill Lee that would impose a requirement that House candidates reside in their districts for three years before becoming eligible to run, a move that seems to be aimed at blocking one contender in particular: former State Department spokesperson Morgan Ortagus, who is Trump's endorsed candidate for the August Republican primary in the newly gerrymandered 5th District.

The legislation could have a tough time surviving a court challenge, however, because of a 1995 Supreme Court decision holding that states cannot add further qualifications to candidates for Congress that aren't already in the Constitution: namely, a minimum age and length of U.S. citizenship, and residency in the state—but, crucially, not the district—they're seeking to represent.

However, one of the measure's proponents said he hoped that the court would now revisit its earlier ruling, a five-to-four decision that saw swing Justice Anthony Kennedy join four liberal justices in the majority to strike down term-limits laws. On the other side, a well-financed group called Tennessee Conservative PAC says it would sue to stop the bill, though Ortagus herself hasn't said if she'd go to court.

Ortagus moved to Tennessee last year from D.C., and critics have cast her as an interloper. She didn't help her cause last month when, during an appearance on a conservative radio show, she bombed the host's quiz about the new 5th District and state. Many observers have argued that the legislature crafted this bill as an attack on Ortagus, especially since its sponsor, state Sen. Frank Niceley, has made it clear he's not a fan: Niceley said earlier this month, "I'll vote for Trump as long as he lives. But I don't want him coming out here to tell me who to vote for."

Another GOP contender, music video producer Robby Starbuck, has argued that this legislation is meant to harm him as well. However, the former Californian now says that he'd meet the residency requirements of the newest version of the bill.

The Downballot

● Each week, Daily Kos' new podcast, The Downballot, explores key stories making news in the world of elections below the level of the presidency—from Senate to city council and beyond. This coming episode will mark our 10th so far, so we want to hear from you, our listeners (and soon-to-be-listeners!) about the races and topics you'd like to hear us discuss.

So drop a comment below, email us at thedownballot@dailykos.com, or tweet at us at @DKElections. We welcome any and all questions, and they don't even have to be in the form of a question! If there's a specific election you're interested in, just name it.

We record each week at 5 PM ET on Wednesdays, so please get your thoughts to us before then. New episodes come out Thursday mornings, and to make sure you get the next one as soon as it drops, you can subscribe to The Downballot on all major podcast platforms. (If your favorite platform isn't listed at the link, let us know!)

And if you haven't had the chance to listen yet, our most recent episode is right here. You can also find a transcript here. We look forward to hearing from you!

Redistricting

● FL Redistricting: As promised, Republican Gov. Ron DeSantis vetoed the new congressional map passed by Florida's GOP-run legislature, which responded by saying it would convene a special session starting April 19 to draw new districts. The Republican leaders of both chambers released a statement saying their goal is to pass a plan that would be "signed by the Governor," suggesting they aren't interested in working with Democrats to craft a veto-proof plan—at least for now.

● MD Redistricting: Maryland's Democratic-run state Senate quickly passed a new congressional map on Tuesday after introducing it the prior evening, with action in the state House likely by Wednesday's court-imposed deadline to enact a remedial redistricting plan.

The new map would return the 1st District to dark-red status by resituating it almost entirely on the conservative Eastern Shore and undoing its jump across the Chesapeake Bay that had it take in blue-leaning turf around the state capital of Annapolis. As a result, the revamped 1st would have voted for Donald Trump by a comfortable 56-42 margin, according to Dave's Redistricting App, instead of giving Joe Biden a 49-48 edge as it did under the Democrats' now-invalidated map. The change would mean smooth sailing for the state's lone Republican congressman, Rep. Andy Harris.

The latest revisions also make the 6th District, held by Democratic Rep. David Trone, noticeably redder as well: It would have gone 54-44 for Biden, instead of 60-38, and just 47-46 for Hillary Clinton in 2016. The changes appear to be aimed at pleasing the courts, at least in part, by presenting a map that, to the naked eye, simply looks nicer than the one it's replacing. This superficial view that a map ought to appear pleasing can often lead to misleading analysis—we've dubbed the concept a "prettymander"—but even the Supreme Court has objected to election districts on the grounds of their "bizarre shape."

As for the other six districts, they'd all remain safely blue, even though their configurations would all change considerably. But this new map might not see use this year: Tucked in at the end of the legislation is a provision that would revert the state back to the prior map if the court ruling that struck it down is overturned on appeal. It's still not clear whether there will be an appeal, though a spokesperson for Democratic Attorney General Brian Frosh said that the legislature's choice to move forward with a new map would not affect any decision on whether to appeal.

● MO Redistricting: On a wide bipartisan vote, the Missouri House sharply rejected a new congressional map that passed the state Senate last week after far-right renegades caved to GOP leaders, despite the fact that the state's candidate filing deadline came and went on Tuesday.

In so doing, the House also voted to establish a conference committee with the Senate to hash out a compromise, but we might not even get that far: One House Republican said he believed that some senators would filibuster any motion for a conference committee—the same tactic hardliners used to hold up passage of the map in the first place. Lawsuits have already been filed asking the courts to step in and draw new districts in the event of a continued impasse.

● OH Redistricting: Ohio's Republican-dominated redistricting commission passed a fourth set of legislative maps late on Monday night on a 4-3 vote by making relatively small adjustments to the maps the state Supreme Court most recently rejected. Just hours before Monday's court-imposed deadline, the commission abandoned efforts to have a bipartisan pair of consultants draw new districts from scratch; by instead approving maps similar to those that were previously struck down, it's courting yet another adverse ruling.

The commission, however, seems to have scored a lucky break on the congressional front, as it appears to have run out the clock on a separate legal challenge to the heavily slanted map it passed in favor of the GOP earlier this month, at least for this year. The state Supreme Court issued a scheduling order on Tuesday that would not see briefing conclude for another two months—well after the state's May 3 primary.

A group of voters backed by national Democrats has continued to argue that the map, which closely resembles a prior iteration that was struck down by the Supreme Court as an illegal partisan gerrymander, should again be invalidated. However, a second group of plaintiffs, led by the Ohio League of Women Voters and represented by the state chapter of ACLU of Ohio, has conceded the matter, saying in a filing that they "do not currently seek relief as regards to the 2022 election."

Senate

● GA-Sen: AdImpact tweets that Senate Majority PAC has booked at least $24.4 million in fall TV time to aid Democratic incumbent Raphael Warnock, which is $11 million more than previously reported.

● MO-Sen: Former state Sen. Scott Sifton said Monday night, just one day before candidate filing was to close, that he was dropping out of the Democratic primary and endorsing philanthropist Trudy Busch Valentine, a first-time candidate who announced her own bid the following day. Busch Valentine is the daughter of the late August Busch Jr., who was instrumental in the success of the St. Louis-based brewing giant Anheuser-Busch, and she previously donated $4 million of her money to St. Louis University's nursing school (now known as the Trudy Busch Valentine School of Nursing). Busch Valentine will face Marine veteran Lucas Kunce in the August primary.

● OH-Sen: Rep. Tim Ryan's campaign says he's launching a $3.3 million opening ad buy for the Democratic primary, and he uses his first spot to repeatedly attack China. "Washington's wasting our time on stupid fights," the congressman says, continuing, "China is out-manufacturing us left and right. Left and right."

● WI-Sen: Lt. Gov. Mandela Barnes' new internal from Impact Research (formerly known as Anzalone Liszt Grove or ALG) gives him a 38-17 lead over Milwaukee Bucks executive Alex Lasry in the August Democratic primary, with state Treasurer Sarah Godlewski and Outagamie County Executive Tom Nelson at 9% and 8%, respectively. Back in December, the firm found Barnes with a 40-11 advantage against Lasry.

Governors

● CT-Gov: Democratic incumbent Ned Lamont uses his first TV spot to talk about how he managed to balance the budget without raising taxes, saying, "We turned a massive budget deficit into a $3 billion surplus. While investing in schools, healthcare, and public safety." The governor continues, "And now we are cutting your car tax and your gas tax."

● GA-Gov: Former Sen. David Perdue is continuing his all-Trump all-the-time advertising strategy for the May GOP primary with a new commercial that uses footage of Trump bashing both incumbent Brian Kemp and Democrat Stacey Abrams at his Saturday rally.

The spot begins with the GOP master bellowing, "Brian Kemp is a turncoat, he's a coward, he's a complete and total disaster." As the crowd repeatedly boos, Trump eggs on his followers by claiming that the governor was "bullied into a consent decree engineered by Stacey Abrams and allowed massive voter fraud to occur throughout the state of Georgia." The only mention of Perdue in the spot comes afterwards as Trump proclaims that he'll "never surrender to Stacey Abrams and the militant radical left, and with your vote we're going to rescue the state of Georgia from the RINOs."

Meanwhile, Perdue's allies at Georgia Action Fund are spending another $955,000 on TV advertising for him, which AdImpact says takes the group's total to $1.64 million.

● HI-Gov: Civil Beat reports that Lt. Gov. Josh Green has received endorsements from two of the state's most prominent unions, the Hawaii State Teachers Association and Hawaii Government Employees Association, for the August Democratic primary. Several other labor groups, including the Hawaii Firefighters Association, are also behind Green, who has posted huge leads in the few surveys that have been released.

● OH-Gov: Gov. Mike DeWine is spending $131,000 on cable for his first buy for the Republican primary, a spot that extols him for standing up to teachers unions and for police against "radicals."

The commercial comes a week after former Rep. Jim Renacci, who is DeWine's most prominent intra-party foe, deployed $104,000 on his own cable ads, which attack the incumbent for "turning his back" on both Trump and Ohio. Renacci's commercial continues by going after DeWine for "mandating masks on our kids" and argues he's been "governing Ohio just like his liberal friends Joe Biden and Andrew Cuomo would." This is the first time we've seen Cuomo appear in a TV spot outside New York since he resigned last year, and it doesn't even allude to the many scandals that resulted in his downfall.  

● WI-Gov: Former Lt. Gov. Rebecca Kleefisch's new spot for the August GOP primary features her bragging about what an "unapologetic" conservative she is.

House

● AK-AL: Former state Sen. John Coghill has announced that he'll compete in the June special top-four primary to succeed his fellow Republican, the late Rep. Don Young. Coghill served for 22 years in the legislature and amassed a number of powerful posts, but the Senate Rules Committee chair lost renomination by 14 votes to Robert Myers in 2020 under the old partisan primary system. Myers, who ran to Coghill's right, said of his tiny win, "I know that this election was not about how much people like me. This election was about how much people hated John Coghill."

● GA-13: Rep. David Scott has received an endorsement from Stacey Abrams, the once and future Democratic nominee for governor, for his potentially competitive May primary.

● MI-13: Public Policy Polling has surveyed the August Democratic primary for this open seat on behalf of the 13th Congressional District Democratic Party Organization, and it finds hedge fund manager John Conyers III leading former Detroit General Counsel Sharon McPhail 19-9, with wealthy state Rep. Shri Thanedar taking third with 7%. The survey, which finds a 43% plurality undecided, was conducted days before Conyers announced his bid.

● MO-01: State Sen. Steve Roberts announced Monday evening that he would challenge freshman Rep. Cori Bush, who is one of the most prominent progressives in Congress, in the August Democratic primary for this safely blue seat in St. Louis. Roberts said of the incumbent, "She made a comment that she wanted to defund the Pentagon. The NGA (National Geospatial-Intelligence Agency) is a multi-million dollar project that's in my Senate seat, in the 1st Congressional [District], those folks don't have a voice." His campaign also faulted Bush for casting a vote from the left against the Biden administration's infrastructure package.

Roberts himself was accused of sexual assault by two different women in 2015 and 2017, though he was never charged. Bush's team highlighted the allegations after he announced his bid, saying, "Such men do not belong in public service, much less representing the incredible people of St. Louis in Congress."

● PA-17: Navy veteran Chris Deluzio has earned an endorsement from the Allegheny-Fayette Central Labor Council, which the Pittsburgh Tribune-Review describes as the "largest labor coalition in the region," for the May Democratic primary for this competitive open seat.

attorneys general

● SD-AG: A committee in South Dakota's GOP-run state House has recommended against impeaching state Attorney General Jason Ravnsborg, a Republican who pleaded guilty to misdemeanor charges last year for striking and killing a man with his car in September of 2020 but avoided jail time. A majority on the committee found that Ravnsborg had not committed a "crime or other wrongful act involving moral turpitude by virtue or authority of his office," but two Democrats disagreed, saying the attorney general had not been "forthcoming to law enforcement officers during the investigation" into the fatal crash.

The development comes despite an overwhelming vote in favor of the impeachment investigation in November, but the committee may not have the last word. The House will reconvene on April 12, when a simple majority could nevertheless vote to impeach.

Other Races

● NY-LG: Multiple media outlets report that federal investigators are probing whether Lt. Gov. Brian Benjamin had any knowledge of an alleged scheme to make fraudulent contributions to his unsuccessful bid last year for New York City comptroller. The investigation is centered around Gerald Migdol, a real estate investor whom prosecutors charged last year with faking the origin of dozens of donations so that Benjamin's campaign could more easily qualify for public financing.

The lieutenant governor has not been accused of wrongdoing, and his spokesperson says that Benjamin's campaign for comptroller donated the illicit contributions to the city's Campaign Finance Board as soon as it learned about them. However, the New York Times reports that investigators are looking further into whether Benjamin used his previous post in the state Senate to "direct[] state funding in some way to benefit Mr. Migdol in exchange for the contributions."

Last year, two months after Benjamin lost his bid for comptroller, newly elevated Gov. Kathy Hochul appointed him to fill her previous position as lieutenant governor. Candidates for governor and lieutenant governor of New York compete in separate nomination contests before running as a ticket in the general election, but they can choose to campaign together in the primary and urge voters to select them both. Hochul and Benjamin have been running as an unofficial ticket in June's Democratic primary, but the governor's spokesperson on Monday didn't comment when asked if she'd keep Benjamin on as a running mate.