Morning Digest: A Supreme Court majority is on the line in Montana this fall

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

MT Supreme Court: Conservatives have a chance to take a majority on Montana's Supreme Court in November thanks to the retirements of two liberal justices. However, a high-profile battle looms as progressives seek to defend a court that has long stood as a defender of democracy and abortion rights.

The race to replace Mike McGrath as chief justice has drawn the most attention to date. Three candidates are running in Tuesday's officially nonpartisan primary, though each party has coalesced around a single choice. (The top two vote-getters will advance to a November faceoff.)

Democrats are united behind former federal Magistrate Judge Jerry Lynch while the Republican establishment is backing Broadwater County Attorney Cory Swanson. The third entrant, criminal defense attorney Doug Marshall, doesn't seem to be running a credible campaign (he's said he might vote for Swanson).

The contest to succeed Dirk Sandefur, an associate justice, is arrayed similarly. The two main candidates are both trial court judges: Judge Katherine Bidegaray, the consensus Democratic pick, serves five counties in the eastern part of the state, while Judge Dan Wilson, the top choice of Republicans, has jurisdiction in Flathead County in Montana's northwestern corner.

A former Republican state lawmaker, Jerry O'Neil, is also running, but he's currently challenging the state's eligibility rules because he's not a member of the bar.

The four top contenders have all banked similar sums, between about $80,000 and $100,000, as of the most recent fundraising reports that run through mid-May. (Marshall and O'Neil have reported raising almost nothing.) Those totals in part reflect Montana's relatively low donation caps, which top out at $790.

But outside spending is sure to dwarf whatever the candidates put in. In 2022, when just a single seat on the court was seriously contested, third parties on both sides combined to spend at least $3 million—a huge sum given the state's small population—and very likely more. (The Montana Free Press said that figure was "almost certainly an undercount" due to errors in campaign finance filings.)

In that race, Justice Ingrid Gustafson won reelection to an eight-year term by defeating conservative James Brown 54-46. That victory preserved the ideological balance on the court, which has generally been described as including three liberals, two conservatives, and two swing justices, including Gustafson.

Those two swing votes have played a crucial role in recent years, often joined with the liberal bloc. Most notably, in a 5-2 decision issued in 2022, the court barred Republican lawmakers from proceeding with a ballot measure that would have let them gerrymander the court itself.

The court has been more united on abortion rights, which are protected under a 1999 precedent known as the Armstrong decision. Two years ago, the justices unanimously upheld a lower court ruling that temporarily blocked a trio of anti-abortion bills passed by GOP lawmakers. And earlier this year, on a 6-1 vote, the court gave the green light to a ballot initiative that would enshrine the right to an abortion into the state constitution.

But a court with four conservatives could feel emboldened to revisit Armstrong, which is a major reason why reproductive rights advocates are pushing forward with their amendment.

The issue is also certain to be a focus in the races for both Supreme Court seats. Both Lynch and Bidegaray have spoken in favor of abortion rights, albeit less explicitly than some liberal judicial candidates in other states have.

At a campaign event last year, Lynch said that Montanans deserved to be "[f]ree from government interference, especially when it comes to reproductive rights." Bidegaray has been less direct, telling ABC News in March that she's running "to protect our democratic principles, which include the separation of powers and the unique rights provided by the 1972 Montana Constitution, including women's rights."

The leading conservatives, however, have sought to avoid the issue altogether. Wilson declined to comment to ABC, while Swanson demurred. "I don't believe it would be appropriate to discuss potential outcomes of future cases," he said.

The Downballot

It's right there in the name of the show, so yeah, of course we're gonna talk about downballot races on this week's episode of "The Downballot"! Specifically, we drill down into the top contests for attorney general and state supreme court taking place all across the country this year. Democrats and liberals are playing defense in Montana, North Carolina, and Pennsylvania, but they have the chance to make gains in many states, including Michigan, Arizona, Ohio, and even Texas.

Co-hosts David Nir and David Beard also recap Tuesday's runoffs in the Lone Star State, where a GOP congressman barely hung on against an odious "gunfluencer." They also dissect a new Supreme Court ruling out of South Carolina that all but scraps a key weapon Black voters have used to attack gerrymandering. And they preview New Jersey's first primaries in a post-"county line" world.

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

Senate

AZ-Sen: The Congressional Hispanic Caucus' Bold PAC announced this week that it has reserved $1.1 million in TV, radio, and digital advertising for September to aid Democrat Ruben Gallego. "The statewide investment represents the first Spanish language reservations in the general election in this race and is the largest single independent expenditure in BOLD PAC’s 23 year history," the group said.

WI-Sen: A Senate Majority PAC affiliate has debuted a TV ad that attacks Republican Eric Hovde as a rich CEO whose bank "makes millions at seniors' expense" and "owns a nursing home being sued for elder abuse and wrongful death," citing a story from last month that the New York Times had first reported.

The commercial then plays a clip from a right-wing talk show appearance earlier in April where Hovde told the host that "almost nobody in a nursing home is in a point to vote" and insinuated without evidence that there was widespread voter fraud at Wisconsin nursing homes in the 2020 election.

Hovde's campaign has also unveiled new ads, with one spot covering generic far-right themes and cultural grievances. His second ad highlights his upbringing and family ancestry in Wisconsin to hit back against Democratic claims that he has mostly lived out-of-state for decades and spent most of his time in California before joining the race.

However, Hovde doesn't actually rebut those claims. After noting he graduated from the University of Wisconsin in 1986, he only says he's had a business in the Madison area "for over 20 years" and his family currently lives there.

House

MI-08, DCCC: The DCCC announced Wednesday that it was adding Michigan state Sen. Kristen McDonald Rivet to its Red to Blue program for top candidates even though, unlike the other four new inductees, she still has a contested primary to get through.

McDonald Rivet's main opponent in the Aug. 6 Democratic primary for the open and swingy 8th District is businessman Matt Collier, a former Flint mayor and Army veteran who has VoteVets' support. State Board of Education President Pamela Pugh is also running to replace retiring Democratic Rep. Dan Kildee, but she's struggled to raise money.

But while this is the first time that national Democratic leaders have publicly taken sides in the primary for this seat, which is based in the Flint and Tri-Cities areas, there were already indications that they wanted McDonald Rivet as their nominee. In its January article covering her entry into the race, the Detroit News wrote that party strategists viewed the state senator as a top recruit" they'd hoped to land.

Last year, Democratic consultant Adrian Hemond described her to the Daily Beast as the type of "solidly center-left Democrat" who can "play nice" with the district's large Catholic electorate, adding, "In terms of people who have a track record of winning tough elections in this area, Kristen McDonald Rivet is probably top of the list." McDonald Rivet since then has earned endorsements from EMILYs List and powerful labor organizations like the United Auto Workers and the state AFL-CIO.

The DCCC rarely adds candidates to Red to Blue unless they've already won their primary or it's clear that they'll have no trouble doing so, and that's the case for the other four new names on the list. The committee is backing former U.S. Department of Justice official Shomari Figures, who secured the nomination in April for Alabama's revamped 2nd District.

Also in the program are a pair of Democratic nominees who are challenging Republican incumbents in Pennsylvania: retired Army pilot Ashley Ehasz, who is taking on Rep. Brian Fitzpatrick in the 1st District, and former TV news anchor Janelle Stelson, who is going up against far-right incumbent Scott Perry in the 10th.

The final new name belongs to Wisconsin Democrat Peter Barca, who is trying to beat GOP Rep. Bryan Steil and reclaim the seat he last held three decades ago. Candidate filing doesn't close in the Badger State until June 3, but there's no indication that any other serious Democrats are interested in campaigning for the 1st District.

The only one of those seats with a contested GOP primary is also Michigan's 8th District, and the Republican nomination contest has already gotten nasty with more than two months to go.

Retired Dow Chemical Company executive Mary Draves on Tuesday began running ads attacking her main intra-party rival, 2022 nominee Paul Junge, about two weeks after he started airing commercials against her. Draves' narrator says that, while Junge publicly says he supports American jobs, he really "invested his inherited trust fund in, you guessed it, China. Not one dollar invested in Michigan jobs." The rest of the spot touts Draves as a loyal Donald Trump ally with a history of creating local jobs.

Junge has been promoting a very different narrative about Draves with advertising portraying her as a phony conservative who served on Democratic Gov. Gretchen Whitmer's "climate change council to push her green agenda."

Draves was the subject of an unwelcome headline later in the month when the Detroit News reported both that she'd donated to Democratic Sen. Gary Peters' 2020 reelection committee and that she'd contributed last October to McDonald Rivet's own political action committee.

Draves defended herself by arguing that 99% of the political donations she's made in the last 18 years went to help conservatives and that she shouldn't be admonished for these two outliers. "I made a symbolic contribution to Peters as he was supportive of our work at Dow," she said in a statement, adding, "A friend of mine was hosting an event for Rivet's state Legislature leadership PAC and had asked me to buy a ticket, so I did but did not attend."

Republican leaders may be content if primary voters accept this argument so they can avoid having Junge as their standard bearer again. The 2022 nominee lost to Kildee by an unexpectedly wide 53-43 margin two years after Joe Biden carried the 8th District by a small 50-48 spread, and Democrats would likely once again hammer Junge over his weak ties to the region. Unlike the DCCC, however, national GOP leaders have yet to take sides in their nomination contest.

MI-13: Former state Sen. Adam Hollier announced Wednesday that he had filed an appeal with Secretary of State Jocelyn Benson days after Wayne County Clerk Cathy Garrett determined that he'd failed to collect enough valid signatures to appear on the August Democratic primary ballot.

The Detroit News says it's not clear if the state Bureau of Elections will take up this matter before the Board of State Canvassers meets Friday to address the fate of other candidates who have been disqualified from the ballot. Hollier is Rep. Shri Thanedar's most serious intra-party opponent.

MO-01: AIPAC, the hawkish pro-Israel group, has launched its first TV ad to support St. Louis County Prosecuting Attorney Wesley Bell ahead of his Aug. 6 Democratic primary against Rep. Cori Bush. The commercial promotes Bell as a criminal justice reformer but does not mention Bush. AdImpact reports AIPAC has reserved at least $344,000 via its United Democracy Project super PAC.

NY-01: Former CNN anchor John Avlon has publicized endorsements from three members of New York's Democratic House delegation: Rep. Tom Suozzi, who represents a neighboring seat on Long Island, and New York City-based Reps. Dan Goldman and Greg Meeks. Avlon faces Nancy Goroff, who was the 2020 Democratic nominee for a previous version of the 1st District, in the June 25 primary to take on freshman GOP Rep. Nick LaLota.

NY-16: AIPAC's United Democracy Project has now spent roughly $8 million to support Westchester County Executive George Latimer's primary challenge against Democratic Rep. Jamaal Bowman, according to AdImpact data relayed by Politico's Emily Ngo. By contrast, Bowman's campaign has spent just $715,000 with just a month until the June 25 primary.

VA-07: Former National Security Council adviser Eugene Vindman has released an internal from Global Strategy Group that shows him decisively beating Prince William County Supervisor Andrea Bailey 43-10 in the June 18 Democratic primary for the open 7th District; another 32% are undecided, while the balance is split between three other candidates.

This is the first poll we've seen of the contest to succeed Democratic Rep. Abigail Spanberger, who is giving up this seat to concentrate on her 2025 run for governor. Vindman massively outraised the rest of the field through the end of March, and almost all of the outside spending on the Democratic side has been to support him.

WA-06: The Washington Public Employees Association this week endorsed state Sen. Emily Randall over the other leading Democrat, Commissioner of Public Lands Hilary Franz, and its leaders made sure to highlight that it represents Franz's subordinates in the Department of Natural Resources.

The Washington Observer reported earlier this month that DNR staffers successfully urged another group, the Washington State Labor Council, to back Randall by citing "issues of worker safety and low morale" in their workplace. A third labor organization that represents DNR personnel, the Washington Federation of State Employees, also endorsed the state senator last month ahead of the Aug. 6 top-two primary.

Attorneys General

NC-AG, NC Supreme Court, NC Superintendent: The progressive group Carolina Forward has publicized the downballot portion of a mid-May poll it commissioned from Change Research, which finds narrow leads for Democratic candidates while many voters remain undecided.

In the race to succeed Democratic gubernatorial nominee Josh Stein as attorney general, Democratic Rep. Jeff Jackson posts a 43-40 edge over Republican colleague Dan Bishop. For the state Supreme Court, appointed Democratic Justice Allison Riggs is ahead 41-40 over Republican Jefferson Griffin, a judge on the state Court of Appeals.

For education superintendent, Democrat Moe Green is up by 42-39 over Republican Michele Morrow, a far-right conspiracy theorist who won her primary in an upset over GOP incumbent Catherine Truitt.

Carolina Forward had previously released the poll's results for the top of the ticket, where Trump led 45-43 in a two-way matchup and 41-38 in a three-way race with independent Robert F. Kennedy Jr. taking 11%. Stein held a 44-43 edge over far-right Republican Mark Robinson for governor.

Ballot Measures

MO Ballot: Republican Gov. Mike Parson on Tuesday set Aug. 6 as the date for a re-do of a 2022 state constitutional amendment that empowered the state legislature to require Kansas City to spend at least 25% of its general revenue on its police. Parson's move comes even though the state Supreme Court explicitly ordered this amendment appear before voters on Nov. 5 rather than on the summer primary ballot.

Statewide voters last cycle approved Amendment 4 by 63-37 even though it only impacts Kansas City, which is the only major city in America that doesn't have control over its own police force. Last month, though, the state's highest court ruled that a new vote was required because election officials had included a misleading fiscal summary that said the amendment "would have no fiscal impact when the fiscal note identified a sizeable one."

Legislatures

TX State House: Six state House Republicans lost their runoffs Tuesday even as Speaker Dade Phelan won renomination in an upset, and GOP Gov. Greg Abbott was quick to insist that he "now has enough votes" to pass his stalled plan to use taxpayer money to pay for private schools.

Abbott didn't bother to acknowledge that there are general elections in November, and the Texas Tribune's Jasper Scherer noted that Democrats are hoping to flip at least one of the seats the governor is already counting as a pickup for his cause.

That constituency is the 121st District in San Antonio, where Marc LaHood defeated Rep. Steve Allison in the March GOP primary. Democrat Laurel Jordan Swift will face LaHood in a district that, according to VEST data from Dave's Redistricting App, favored Donald Trump by a small 50-48 spread in 2020.

Ultimately, 15 Republican representatives lost renomination this year, though Abbott wasn't happy to see them all go. Attorney General Ken Paxton also used this year's primaries and runoffs to punish members who voted to impeach him for corruption last year, and he was sometimes on the opposite side of Abbott in key races.

One member who escaped Paxton's wrath, though, was Phelan, who narrowly defeated former Orange County Republican Party chair David Covey 50.7-49.3 in a contest where Abbott didn't take sides. (The only other sitting GOP representative to get forced into a runoff but survive was Gary VanDeaver, who beat an Abbott-backed foe.)

The attorney general characteristically responded to the 366-vote loss for Covey, who also sported endorsements from Donald Trump and Lt. Gov. Dan Patrick, by accusing Phelan of having "blatantly stolen" the election by encouraging Democratic voters to back him. Texas, notes Axios' Asher Price, does not have party registration.

Paxton also called for Republican representatives, who are all but certain to maintain their hefty majority in the gerrymandered chamber, to end Phelan's speakership next year. Rep. Tom Oliverson, who avoided casting a vote in Paxton's impeachment, announced his own bid for speaker in March, and he responded to Phelan's victory on Wednesday by proclaiming, "Campaign For Speaker Begins In Ernest."

Prosecutors & Sheriffs

Hillsborough County, FL State Attorney: Former State Attorney Andrew Warren this week publicized endorsements from several Tampa-area Democrats including Rep. Kathy Castor, who represents about 40% of Hillsborough County, ahead of the Aug. 20 primary.

Warren is trying to regain his old office from Republican incumbent Suzy Lopez, whom Gov. Ron DeSantis appointed in 2022 after permanently suspending Warren. First, though, Warren needs to win the Democratic primary against attorney Elizabeth Martinez Strauss, who hails from a prominent local legal family.

Strauss has stated that she believes that Warren was unfairly removed for, among other things, refusing to prosecute people who obtain or provide abortions. However, she's also argued that Warren is "a risky candidate" because DeSantis could just suspend him all over again. "Voters should have a choice and they may want a state attorney who can hold the job for more than 24 hours," Strauss told Florida Politics last month.  

Poll Pile

Ad Roundup

Campaign Action

Morning Digest: Trump endorses rival to Freedom Caucus chief who schlepped to his trial

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

VA-05: Donald Trump delivered his long-awaited endorsement on Tuesday to state Sen. John McGuire's campaign to unseat Rep. Bob Good, who chairs the nihilistic Freedom Caucus, in the June 18 Republican primary for Virginia's conservative 5th District.

Trump used a post on Truth Social, which included an obligatory and unfunny pun on the incumbent's name, to make it plain he's out to punish Good for supporting Florida Gov. Ron DeSantis in the presidential primary.

"Bob Good is BAD FOR VIRGINIA, AND BAD FOR THE USA," Trump wrote. "He turned his back on our incredible movement, and was constantly attacking and fighting me until recently, when he gave a warm and 'loving' Endorsement – But really, it was too late. The damage had been done."

Good's recent trek to New York City to attend Trump's hush money trial doesn't seem to have its intended effect of placating the GOP's overlord, though his hopes for a third term already looked to be in dire shape even before Trump publicly took sides. (Awkwardly, McGuire showed up for the trial on the same day.) A McGuire internal poll conducted at the beginning of the month showed him toppling the incumbent 45-31, and Good has yet to release contrary numbers.

While the congressman's decision a year ago to back DeSantis' already shaky White House bid played a key role in putting him in this unenviable position―and in getting him ejected from a "Trump store" (these apparently exist)―Trump isn't the only powerful Republican he's pissed off. 

Good was one of eight House Republicans who voted to end Kevin McCarthy's speakership in October, and McCarthy's well-funded political network is making central Virginia a key stop on its revenge tour. MAGA world and McCarthy's loyalists often don't align behind the same candidates―Trump days ago endorsed the Floridian who led the charge against McCarthy, Rep. Matt Gaetz―but Good managed to give both factions a reason to want him gone.

Antipathy for the sophomore lawmaker runs deeper still: Good, who has endorsed several far-right primary challenges to his own colleagues, has also alienated major donors who are tired of the Freedom Caucus' antics. 

All of this helps explain why, according to data from the FEC, super PACs have spent more than $3 million attacking Good and promoting McGuire. There's likely even more in store as American Patriots PAC, which is funded by megadonors Ken Griffin and Paul Singer, so far has only used two-thirds of the $3 million in ad time that Bloomberg reported that it reserved early this month.

Good, though, still has some well-heeled allies who are opening their wallets to help him, to the tune of more than $2 million so far. Most of that has come from two groups: Conservative Outsider PAC, which is an affiliate of the Club for Growth, and Protect Freedom PAC, a super PAC aligned with Kentucky Sen. Rand Paul.

Paul himself has been starring in the latter's ads, urging Virginians to renominate "a true defender of liberty." But as Kentucky's junior senator learned the hard way in 2016, the man who just backed McGuire has far more pull with GOP primary voters than Paul does.

Election Recaps

TX-12 (R): State Rep. Craig Goldman defeated businessman John O'Shea 63-37 in Tuesday's runoff to succeed retiring Rep. Kay Granger. Goldman had the backing of Granger, Gov. Greg Abbott, and Lt. Gov. Dan Patrick, as well as a huge financial advantage over O'Shea. Attorney General Ken Paxton supported his ally O'Shea over Goldman, who voted to impeach Paxton for corruption a year ago, but it wasn't enough.

Donald Trump carried Texas' 12th District, which is based in western Fort Worth and its suburbs, 58-40 in 2020, so Goldman is now on a glide path to Congress. The Republican nominee would be the second Jewish person to represent Texas in Congress after Martin Frost, a Democrat who lost to Republican colleague Pete Sessions in 2004 after the GOP rearranged his Dallas-area seat as part of the infamous "DeLaymander."

TX-23 (R): Rep. Tony Gonzales scraped by far-right challenger Brandon Herrera 50.7-49.3 to secure renomination in the 23rd District. Gonzales will be favored in the fall against Democratic businessman Santos Limon in a sprawling west Texas seat that Trump took 53-46 four years ago.

While Herrera prevented Gonzales from winning outright in March by holding him to a 45-25 edge, the incumbent and his allies used their massive financial advantage to push their preferred narrative about Herrera, whom Gonzales dubbed "a known neo-Nazi." Gonzales' side also highlighted Herrera's mockery of the Holocaust, veteran suicide, and even Barron Trump, and pointed out that he only relocated to Texas from North Carolina a few years ago.

The Freedom Caucus, including chair Bob Good of Virginia, still held out hope that it could rid itself of Gonzales, whom the Texas GOP censured a year ago. Texas Rep. Chip Roy, who represents the neighboring 21st District, also backed Herrera on Tuesday morning, but as tight as the race was, his belated endorsement wasn't enough to change the outcome.

TX-28 (R): Navy veteran Jay Furman defeated businessman Lazaro Garza 65-35 in the GOP runoff to take on Democratic Rep. Henry Cuellar, who was indicted on corruption charges earlier this month.

Neither Republican has raised much money, but the GOP is hoping that Cuellar's legal problems will give them an opening in the 28th District, which includes Laredo and the eastern San Antonio suburbs. Joe Biden carried this constituency 53-46 in 2020, but the area has been trending to the right.

TX State House (R): State House Speaker Dade Phelan held off former Orange County Republican Party chair David Covey after an exceptionally expensive GOP primary runoff. With all votes counted, Phelan survived by a margin of 50.7 to 49.3—a difference of just 366 votes.

The victory represented an upset win for Phelan, who trailed Covey 46-43 in the first round of voting for his dark red East Texas seat, which is numbered the 21st District. It's unusual for a top legislative leader to be the underdog for renomination, but Phelan had a vast array of far-right forces arrayed against him.

Covey had the support of Paxton and Donald Trump, who were looking to punish Phelan for supporting Paxton's impeachment last year, as well as Lt. Gov. Dan Patrick, who leads the state Senate. Gov. Greg Abbott, however, remained conspicuously neutral even as he targeted other lawmakers who successfully blocked his plan to use taxpayer money to pay for private schools. (We'll have more on those races in the next Digest, though Phelan was one of just two House GOP incumbents to prevail Thursday; six others lost.)

The speaker fought back by raising money with the help of prominent Republicans from yesteryear like former Gov. Rick Perry, former Sen. Kay Bailey Hutchison, and Karl Rove, who was one of the most powerful GOP operatives in the country during George W. Bush's administration. The Texas Tribune labeled this effort the "last stand for the Republican Party’s business-minded establishment," and it proved just enough to secure a rare major win over the party's current leadership.

Senate

 MI-Sen, MI-08, MI-10: The Michigan Bureau of Elections on Friday recommended that the Board of State Canvassers disqualify nine congressional candidates from the Aug. 6 primary ballot. The bipartisan Board is scheduled to decide the fates of these candidates, most of whom face trouble for failing to file a sufficient number of signatures, on May 31.

The Bureau, though, gave the thumbs up to the three main Republicans running for the state's open Senate seat: former Reps. Mike Rogers and Justin Amash and wealthy businessman Sandy Pensler. Both the DSCC and the state Democratic Party earlier this month asked the Canvassers Board to look into "potential fraud in the nominating petitions," but officials determined that all three filed enough signatures to make the ballot.

Rogers remains the favorite to advance to the general election, but allies of the leading Democratic candidate, Rep. Elissa Slotkin, insist he still needs to watch his back in the primary. A new Public Policy Polling survey for the Voter Protection Project shows Rogers leading Pensler 30-12, with Amash at 11%. The group's release argues that Pensler can close the gap as more voters learn about him.

However, not all Senate hopefuls were quite so lucky. The Bureau concluded that Democrat Nasser Beydoun, a former leader of the American Arab Chamber of Commerce who is waging a longshot bid for Senate, should be disqualified because he listed a post office box on his petition sheets when state law requires a street address.

Beydoun responded, "We're going to fight it because it's suppressing the vote on a technicality." His involuntary departure would leave Slotkin and actor Hill Harper as the only Democrats on the August ballot.

Further down the ballot, the most prominent name on the Bureau's list of candidates it recommended for disqualification belongs to Wayne State University Board of Governors member Anil Kumar, a self-funder who ended March with a massive cash on hand advantage in the Democratic primary for the right to take on GOP Rep. John James in the 10th District.

The Bureau determined that Kumar and another Democrat, social justice activist Rhonda Powell, both fell short of signature requirements, but Kumar says he plans to contest the finding.

Bureau staff made the same determination about state Board of Education member Nikki Snyder, a Republican who is trying to flip the competitive 8th District. Snyder was also booted from the ballot over signature issues in 2020 during a prior bid for the House. This time, Snyder's team alleges that they fell victim to fraud from a consultant.

 NJ-Sen: The New Jersey Globe reports that indicted Sen. Bob Menendez is collecting signatures for a potential bid as an independent, an option Menendez said he was keeping open in March when he announced he wouldn't campaign in the June 4 Democratic primary.

Menendez, whose corruption trial is still underway, has until the day of next month's primary to submit 800 valid signatures. Any independent who makes the ballot has until Aug. 16 to withdraw their name.

 VA-Sen: Navy veteran Hung Cao picked up Donald Trump's endorsement on Monday for the June 18 GOP primary to take on Democratic Sen. Tim Kaine. Cao faces four intra-party opponents, including former Club for Growth official Scott Parkinson, ahead of what would be a difficult general election to unseat Kaine.

Governors

 ND-Gov, ND-AL: The media outlet North Dakota News Cooperative has commissioned a survey from the GOP firm WPA Intelligence that shows Rep. Kelly Armstrong far ahead in the June 11 GOP primary for governor, but two Republicans are locked in a more competitive race to fill his House seat.

WPA finds Armstrong outpacing Lt. Gov. Tammy Miller 57-19 in the contest to replace retiring Gov. Doug Burgum, who supports Miller. An early May internal from the Democratic firm DFM Research for the labor group North Dakota United showed Armstrong ahead by an almost identical 56-18 spread, while an Armstrong internal from around that same time gave him an even larger advantage. No one has released any other polls of this contest.

But WPA's House portion has Public Service Commissioner Julie Fedorchak leading former state Rep. Rick Becker by a much tighter 32-25 margin, with 28% undecided. Former Miss America Cara Mund and former State Department official Alex Balazs are well behind, though, with 10% and 5%, respectively.

DFM previously placed Becker ahead of Fedorchak 29-26, with Mund at 14%. No one has released any other polls of the contest to represent this dark red seat in the House. Fedorchak sports endorsements from Burgum and other prominent local Republicans like Sen. John Hoeven, while the far-right Freedom Caucus is pulling for Becker.

 WA-Gov: A new Elway Research survey for KCTS-TV finds Democratic Attorney General Bob Ferguson and former GOP Rep. Dave Reichert both poised to advance out of the Aug. 6 top-two primary, a matchup that almost everyone in Washington politics has expected for some time. 

Ferguson leads with 22% while Reichert outpaces Democratic state Sen. Mark Mullet 20-6 for second. Another 5% opt for a different Republican, far-right Marine veteran Semi Bird, while 47% of respondents are uncommitted. This release did not include general election numbers.

House

 CO-05: The Colorado Sun reports that a Republican super PAC is spending almost $400,000 on an ad campaign to stop state GOP chair Dave Williams in the June 28 primary for Colorado's 5th District. 

The spot, from America Leads Action, argues that, unlike Donald Trump, Williams doesn't "believe in Made in America." The ad goes on to accuse the candidate's business interests of putting China "ahead of you." It does not mention that Trump is supporting Williams in the contest to replace retiring Rep. Doug Lamborn.

ALA, which is funded by North Carolina businessman Jay Faison and Walmart heir Rob Walton, has devoted itself to stopping hardline candidates who could pose a headache for the House GOP leadership. The party Williams leads has been causing exactly the sort of trouble ALA wants to stamp out, recently endorsing former state Rep. Janak Joshi's longshot bid for the competitive 8th District rather than coalescing around the national party favorite, state Rep. Gabe Evans.  

ALA's foray comes after Americans for Prosperity deployed more than $350,000 to promote conservative radio host Jeff Crank, who has the support of Lamborn and Speaker Mike Johnson. There has been no other outside spending here so far.

But AFP, which unsuccessfully tried to help Nikki Haley win the GOP presidential nomination, may do its candidate more harm than good. Trump wrote in March that he was backing Williams because his "opponent is Endorsed, and works closely with, Americans for Chinese Prosperity, a Charles Koch Disaster."

 NH-02: Wealthy investor Bill Hamlen still won't "confirm on the record" whether he's seeking the GOP nod for New Hampshire's open 2nd District, reports the NH Journal's Evan Lips, even though he's appeared at campaign events and filed paperwork with the FEC last month.

But even Hamlen's efforts at campaigning have been odd, to say the least: Lips notes that his most recent appearance was at a Republican town committee event in the wrong congressional district. (New Hampshire has only two.) "Hamlen's entire candidacy has inspired a lot of head scratching inside state GOP circles," says Lips, who notes that Hamlen voted in the state's Democratic primary for president earlier this year.

The one notable Republican who so far is actually willing to say he's seeking the seat that Democratic Rep. Annie Kuster is leaving behind is businessman Vikram Mansharamani, who took a distant fourth place in last cycle's U.S. Senate primary. 

There are, however, several assorted randos who have put their names forward. These include a former Colorado Libertarian Party chair who took third in the 2022 primary for the 2nd District and a convicted Jan. 6 rioter who also tried to run against Kuster two years ago but struggled on account of being in jail.

 NJ-10: Recordings made public in connection with a new lawsuit feature Linden Mayor Derek Armstead making antisemitic comments about Hasidic Jews, claiming that his community was at risk of "being taken over by guys with big hats and curls."

The audio, which was obtained by NJ.com's Ted Sherman, was recorded by Paul Oliveira, a former Linden school official who filed a lawsuit last week alleging that Armstead and other city leaders had sought to "deliberately exclude Jews" from obtaining employment with the local school district.

Armstead, who is seeking the Democratic nomination in the upcoming special election for New Jersey's vacant 10th Congressional District, also called Newark "a hellhole over there from top to bottom" and warned that Linden was headed for the same fate if it did not exercise "full and complete control of who gets hired." (Newark makes up a quarter of the 10th District.)

Armstead called Oliveira's accusations "a whole bunch of hogwash" and said of the recordings, "I'm glad he has me on tape. … Nobody respects someone who comes into a room and starts tape-recording people."

 VA-07, VA-10: Protect Progress, a super PAC supported by the cryptocurrency industry, is spending heavily to air ads boosting two Democrats seeking open House seats in Virginia.

The group is putting almost $900,000 behind a spot in the 10th District that praises Del. Dan Helmer for supporting gun safety laws and reproductive rights. It also mentions his recent endorsement from the Washington Post. The PAC is spending a similar sum to elevate former National Security Council adviser Eugene Vindman in the 7th District, but no copy of the ad appears to be available online.

Poll Pile

  • MI-Sen: Mitchell Research for MIRS: Elissa Slotkin (D): 40, Mike Rogers (R): 36 (49-47 Trump in two-way, 46-45 Trump with third-party candidates) (March: 37-37 Senate tie)

  • NV-Sen: The Tyson Group (R) for Breaking Battlegrounds: Jacky Rosen (D-inc): 47, Sam Brown (R): 33 (47-44 Trump in two-way, 40-37 Trump with third-party candidates)

Ad Roundup

Texas attorney general who survived impeachment targets House Republicans who sought his ouster

The Texas attorney general who survived a historic impeachment trial last year made a Super Tuesday primary a bitter Republican-on-Republican brawl, targeting the House speaker and dozens of other lawmakers who had sought his ouster.

Attorney General Ken Paxton, who was on the brink of removal from office just six months ago, campaigned to defeat those political rivals in his own party in a test of his own clout and that of his biggest backer, former president Donald Trump.

After Paxton narrowly survived allegations of corruption and abuse of office, the attorney general quickly pivoted to launch fierce, bare-knuckle campaign attacks seeking to rid the GOP-dominated House of those Republicans who backed the impeachment drive.

Paxton found his biggest target in House Speaker Dade Phelan, leader of the attempt, along with more than 30 of Phelan’s Republican House colleagues who voted against the attorney general on the corruption and abuse of office allegations.

Paxton was not on the Super Tuesday ballot himself. He won a third term in 2022. His aim to overthrow the leadership of the House was being widely watched as an attempt to push an already conservative chamber further to the right.

Phelan has led the House through two terms. He fought back on the campaign trail in blunt and often personal terms against Paxton, with ads reminding voters of the corruption and abuse of office allegations that gave rise to the impeachment trial. Additional spots reminded voters of a Paxton extramarital affair.

Besides drawing support for his endorsed candidates from Trump, Paxton’s intensive and broad campaign of political revenge also prompted third-party groups to pour in millions of dollars of donations into the campaign.

Paxton still faces ongoing legal issues. He is scheduled for trial in April on felony securities fraud charges that could land him in prison for 90 years if convicted. He also is facing an ongoing federal probe involving some of the same allegations raised in his impeachment.

Paxton wasn't the only Republican attacking fellow Republicans in Tuesday's primaries Gov. Greg Abbott has targeted nearly two dozen incumbents who helped defeat his plan to spend tax money on private schools, putting some lawmakers in the crosshairs of both men as targets for removal.

Paxton also mounted a campaign to oust three female judges on the Court of Criminal Appeals. They were part of an 8-1 majority that stripped Paxton of the power to prosecute voter fraud without permission from local prosecutors. Paxton accused them of being “activist” judges after the court majority ruled the law had been a violation of the state Constitution’s separation of powers.

In Paxton’s sights were two of the court’s longest-serving judges: Judge Barbara Hervey, elected in 2001, and Presiding Judge Sharon Keller, elected in 1994. The third, Judge Michelle Slaughter, was elected in 2018.

“The Court follows the law, period,” Slaughter responded to the attacks in a pre-election post on X, formerly known as Twitter. “We cannot and will not be partisan political activists.

Campaign Action

Texas GOP leaders reverse course, ban antisemites from party

 

By Robert Downen, The Texas Tribune

Sign up for The Brief, The Texas Tribune’s daily newsletter that keeps readers up to speed on the most essential Texas news.

 

The Republican Party of Texas’ executive committee voted Saturday to censure House Speaker Dade Phelan and passed a resolution stating that the party will not associate with antisemites — a reversal from December, when a similar measure was narrowly and controversially defeated following outcry over a major donor group’s ties to white supremacists.

The antisemitism resolution, which passed unanimously with two abstentions, came four months after The Texas Tribune reported that Jonathan Stickland, then the leader of Defend Texas Liberty, had hosted infamous white supremacist and Adolf Hitler admirer Nick Fuentes for nearly seven hours in early October.

Subsequent reporting by the Tribune uncovered other, close ties between avowed antisemites and Defend Texas Liberty, a major political action committee that two West Texas oil tycoons have used to fund far-right groups and lawmakers in the state. Defend Texas Liberty is also one of the Texas GOP’s biggest donors.

In response to the Fuentes meeting, Phelan and 60 other House Republicans called on party members to redirect any funds from Defend Texas Liberty to pro-Israel charities — demands that were initially rebuffed by some Republicans, including Lt. Gov. Dan Patrick, who later announced that he was reinvesting the $3 million he received from Defend Texas Liberty into Israeli bonds.

Nearly half of the Texas GOP’s executive committee also demanded that the party cut all ties with Stickland, Defend Texas Liberty and its auxiliary organizations until Stickland was removed and a full explanation for the Fuentes meeting was provided. Stickland was quietly removed as Defend Texas Liberty’s president in October, but is still the leader of an influential consulting firm, Pale Horse Strategies, that works with Defend Texas Liberty clients.

Defend Texas Liberty has yet to provide more details on its links to Fuentes or Fuentes associates — including the leader of Texans For Strong Borders, an anti-immigration group that continues to push lawmakers to adopt hardline border policies.

The tensions came to a head in December, when the Texas GOP’s executive committee narrowly defeated a resolution that would have banned the party from associating with antisemites, Holocaust deniers or neo-Nazis — language that some members of the executive committee argued was too vague, and could complicate the party’s relationship with donors or candidates.

The need for such a measure was also downplayed at the time by Texas GOP Chair Matt Rinaldi, who abstained from voting but argued there was no "significant" antisemitism on the right. Rinaldi is a longtime ally of Defend Texas Liberty who was seen outside of the one-story, rural Tarrant County office where Fuentes was being hosted. Rinaldi later denied meeting with Fuentes and condemned him. Last month, the Tribune also reported that, at the same time that he was attacking critics of Defend Texas Liberty over the Fuentes meeting, Rinaldi was working as an attorney for Farris Wilks, one the two West Texas oil billionaires who fund Defend Texas Liberty.

After the measure was defeated in December, Patrick also put out a lengthy statement in which he condemned the vote and said he expected it to be revisited by the Texas GOP’s executive committee at its next meeting.

The executive committee did as much on Saturday, passing a resolution that stated that the party “opposes anti-Semitism and will always oppose and not associate with individuals or groups which espouse anti-Semitism or support for attacks on Israel.”

The resolution’s language is significantly watered down compared to proposals from late last year, which specifically named Stickland and Defend Texas Liberty or sought to ban those who espouse — as well as those who “tolerate” — antisemitism, neo-Nazi beliefs or Holocaust denial. Since then, Defend Texas Liberty’s funders have spun off a new political action committee, Texans United For a Conservative Majority, that has been active in this year’s primaries.

Separately, the executive committee also voted 55-4 to censure Phelan over, among other things, his role in the impeachment of Attorney General Ken Paxton, his appointment of Democrats to chair House committees and for allegedly allowing a bill on border security to die in May. Phelan was not at the committee meeting.

Phelan’s spokesperson, Cait Wittman, slammed the censure on Saturday, as well as the executive committee’s previous failure to ban antisemites from the party and what she said was its delayed response to last year’s scandal involving Bryan Slaton, a Republican state representative who was expelled from the Texas House in May after getting a 19-year-old aide drunk and having sex with her.

“This is the same organization that rolled out the red carpet for a group of Neo-Nazis, refused to disassociate from anti-Semitic groups and balked at formally condemning a known sexual predator before he was ousted from the Texas House,” Wittman wrote on X. “The (executive committee) has lost its moral authority and is no longer representative of the views of the Party as a whole.”

This article originally appeared in The Texas Tribune. The Texas Tribune is a member-supported, nonpartisan newsroom informing and engaging Texans on state politics and policy. Learn more at texastribune.org.

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Here’s who gets money from Defend Texas Liberty, the PAC whose leader met with a white supremacist

By Patrick Svitek and Carla Astudillo 

The Texas Tribune

Sign up for The Brief, The Texas Tribune’s daily newsletter that keeps readers up to speed on the most essential Texas news.

The recent meeting between the Defend Texas Liberty PAC leader and prominent white supremacist Nick Fuentes is bringing new scrutiny to the group’s donors and the politicians who have accepted its money.

Texas House Speaker Dade Phelan — a persistent target of the PAC — is calling on fellow Republicans to disavow the group and part ways with its money. While a handful have heeded his call, others have refused to do so and alleged Phelan is just seeking political gain.

Notably, Lt. Gov. Dan Patrick – who has taken over $3 million from the PAC — has denounced Fuentes but said Wednesday he sees “no reason” to return the group’s money and accused Phelan of an “orchestrated smear campaign.”

Either way, it represents a pivotal moment for the group, which started in 2020 and has led the charge to push state GOP officials even further to the right. It is mainly funded by Tim Dunn, a Midland oilman who has spent at least the past decade bankrolling efforts that target Texas Republicans whom he and his allies have deemed insufficiently conservative, particularly in the state House.

On Sunday, The Texas Tribune reported that Fuentes visited an office building associated with Defend Texas Liberty’s president, Jonathan Stickland, for nearly seven hours last week.

The PAC has not commented on the report other than to criticize Phelan for making an issue out of it and saying it opposes Fuentes’ “incendiary views.”

Patrick said Wednesday in a statement that he had talked with Dunn and he “told me unequivocally that it was a serious blunder for PAC President Jonathan Stickland to meet with white supremist Nick Fuentes.”

Stickland is a former rabble-rousing state representative who did not seek reelection in 2020. Early last year, he started a political consulting firm, Pale Horse Strategies, that Defend Texas Liberty has since paid over $800,000. Stickland remained the president of Defend Texas Liberty as of Tuesday, when a news release about the PAC’s latest polling identified him as such.

On paper, Defend Texas Liberty PAC started in March 2020. But the political forces driving it are not new.

Before funding Defend Texas Liberty PAC, Dunn plowed millions of dollars into a conservative group called Empower Texans that also was known for aggressively targeting House Republicans in the primary. In more recent years, Dunn’s millions have been supplemented by similar giving from Dan and Farris Wilks, billionaire brothers from Cisco who made their fortune in fracking. They burst on the national political scene in 2015, when they gave $15 million to a super PAC network supporting Ted Cruz’s presidential campaign. They are also major investors in right-wing media companies — including The Daily Wire and PragerU — that push their ultraconservative views.

Today, 90% of all money raised by Defend Texas Liberty comes from Dunn and Farris and Jo Ann Wilks. The group has collected nearly $16 million total and spent $14.8 million, funding primary challengers and allied groups like the Texas GOP who have pushed fellow Republicans to take a harder line against things like illegal immigration and transgender people.

More recently, the PAC has cemented itself as a top donor to two statewide officials, Patrick and Attorney General Ken Paxton.

The group gave $3 million in campaign funding to Patrick in June as he was preparing to preside over Paxton’s impeachment trial in the Senate. After the Senate acquitted Paxton last month on allegations of bribery and misuse of office, Patrick faced a cascade of criticism that he was essentially bought off. Patrick has defended taking the money by arguing he received just as much from the “other side” in the trial, though that is difficult to verify.

The effectiveness of Dunn’s network is constantly up for debate. Defend Texas Liberty lost most state House races it got involved in last year, but its influence can often be felt in less tangible ways. For example, Gov. Greg Abbott’s governance in 2021 took a pronounced turn rightward when he was up against a primary challenge from Don Huffines, who the PAC backed generously.

Over the years, the Republican establishment has dealt with Dunn’s activities with varying levels of confrontation. Former House Speaker Dennis Bonnen memorably sought to broker a kind of treaty with Empower Texans in 2019, taking a meeting with its leader, Michael Quinn Sullivan, to discuss election strategy. Sullivan secretly recorded the meeting, later sharing audio of Bonnen suggesting the group politically target certain House Republicans. The meeting ultimately upset so many members that Bonnen chose to step down.

Dunn’s network has weathered scandals before. In 2020, two Empower Texans staffers, Cary Cheshire and Tony McDonald, were caught on an audio recording disparaging Abbott with profanity and joking about his wheelchair use. Abbott and other GOP leaders denounced the comments, and Empower Texans said both were “suspended from all public activities.” Cheshire still works inside the Dunn-funded network, and McDonald is a lawyer whose firm continues to represent the network’s interests.

The recipients

The biggest recipient of Defend Texas Liberty’s money has been Don Huffines, who received $3.7 million from the group while running against Abbott in the 2022 primary. Huffines pushed for Abbott to take drastic action on the border, including declaring a constitutional “invasion,” and especially scrutinized his pandemic leadership, claiming credit when Abbott reversed his opposition to outlawing vaccine mandates by private businesses.

Huffines provided a statement to the Tribune that did not mention Defend Texas Liberty but said Fuentes “sucks” and Huffines has “nothing to do with him.”

“My father, a decorated war veteran, dedicated years to killing Nazis and earning commendations for liberating concentration camps,” Huffines said. “Throughout my life, I've been a steadfast friend of the Jewish community and authored pivotal pro-Israel legislation ending the BDS boycotts. While my record speaks for itself, let me be clear: I will always fight anti-semitism and communism.”

Beyond Patrick and Paxton, the PAC has made smaller contributions to 17 other current state officeholders: Agriculture Commissioner Sid Miller, Railroad Commissioner Wayne Christian, Land Commissioner Dawn Buckingham, Sen. Brandon Creighton of Conroe, Sen. Paul Bettencourt of Houston, Sen. Lois Kolkhorst of Brenham, Sen. Kevin Sparks of Midland, Sen. Phil King of Weatherford, Sen. Bob Hall of Edgewood, Rep. Tony Tinderholt of Arlington, Rep. Nate Schatzline of Fort Worth, Rep. Mark Dorazio of San Antonio, Rep. Matt Schaefer of Tyler, Rep. Carrie Isaac of Dripping Springs, Rep. Teresa Leo-Wilson of Galveston, Rep. Brian Harrison of Midlothian and Rep. Stan Kitzman of Pattison.

One of the biggest recipients of the PAC’s money was former state Rep. Bryan Slaton of Royse City, who the House unanimously voted to expel in May after a committee investigation found he had sex with a 19-year-old intern after getting her drunk. In a photo that has been widely recirculated on social media in recent months, Stickland posed with Slaton last year while handing him a large $100,000 check for his campaign from Defend Texas Liberty.

The Texas Tribune contacted representatives for most of the incumbents Wednesday and only one of them replied. Kitzman, who got a $5,000 from the PAC in his 2022 primary runoff, said in a statement he would redirect the money to “support causes that resonate with my personal values as a Christian and as a representative of House District 85.” The groups included the American Israel Public Affairs Committee.

Earlier Wednesday, another House Republican, Rep. Jared Patterson of Frisco, said he was sending $2,500 he got from Stickland’s campaign in 2018 to the Friends of the Israel Defense Forces.

Up until recently, though, Defend Texas Liberty has been better known for its spending on candidates and not incumbents. It has thrown its money behind Republicans who have run the farthest to the right in primaries, vowing to challenge House GOP leadership and staking out the most strident opposition to things like abortion, illegal immigration and gender-affirming care.

Some of the more high-profile candidates for the Texas House the PAC has funded include Shelley Luther, the Dallas salon owner who was arrested for defying a statewide COVID-19 shutdown order, and Jeff Younger, who has been in a yearslong public legal battle with his ex-wife over their child’s gender identity. Both espoused hostile views toward transgender people, with Luther questioning at one point why schoolchildren are not allowed to make fun of transgender classmates.

Neither Luther nor Younger won, but like in so many cases with Dunn-backed candidates, their well-funded runs forced the establishment to play defense and pulled other candidates, including incumbents, to the right.

Some of the Defend Texas Liberty-backed candidates are already running again next year, and incumbents have wasted little time trying to make them answer for the Fuentes meeting. Rep. Stan Gerdes of Smithville released a statement Tuesday calling on his challenger, Tom Glass, to “return and/or reject any contributions from” Defend Texas Liberty. The group gave Glass $10,000 when he ran in the primary for the same seat last election cycle.

Glass said in a statement he condemns Fuenties “and his toxic, antisemitic ideas and anyone associated with him.”

“I also condemn attempts by Dade Phelan and Stan Gerdes to exploit this tragedy for political gain,” Glass said. “Their pathetic attempts are nothing less than an attempt to distract the voters’ attention from the baseless, failed Ken Paxton impeachment debacle.”

Rep. Lynn Stucky, R-Denton, also called on his repeat challenger, Andy Hopper, to denounce Defend Texas Liberty after receiving $55,000 from it in his prior campaign. Hopper, whose son works for Pale Horse Strategies, responded with a two-page statement blasting Stucky for making an issue out of it. Hopper only briefly mentioned Fuentes, saying he just learned of him and found he has “some very insidious personal views.”

“I will not label an organization by the views of an individual who happened to enter their building,” Hopper said.

Patrick took a similar posture in his statement Wednesday, saying Phelan is “desperate to deflect attention from his failure to pass conservative legislation.”

“Those who parrot his calls for officeholders to return the money are as politically bankrupt as he is,” Patrick said.

The Defend Texas Liberty donations could not only prove problematic in primaries but also in general elections. Adam Hinojosa, who is staging a comeback bid for a battleground state Senate seat in South Texas, took $5,000 from Defend Texas Liberty in his 2022 campaign.

Asked about the donation, Hinojosa said in a statement Wednesday he planned to “donate personally to the Pregnancy Center of the Coastal Bend, which will help the organization open a new pregnancy center in Brownsville.”

The donors

While Defend Texas Liberty has attracted a handful of other donors giving at least six figures, it is largely driven by the funding of Wilks and Dunn, CEO of CrownQuest Operating in Midland.

Dunn has given $9.7 million to Defend Texas Liberty, while Wilks has contributed $4.8 million.

Neither responded to requests for comment on the Fuentes visit with Stickland. But the morning after the Tribune report, Dunn used X to highlight that he was named a “top 50 Christian ally of Israel” by the Israel Allies Foundation last year. It was his first original post on the platform since June.

Patrick said Dunn told him that Defend Texas Liberty will not have “future contact” with Fuentes and “everyone at the PAC understands that mistakes were made and are being corrected.” Patrick said he trusted Dunn.

Four other people have given six figures to Defend Texas Liberty — a small fraction of Dunn’s and Wilks’ funding but still sizable amounts for Texas politics. They include Windi Grimes, a Houston oil heiress; Phillip Huffines, a Dallas home builder and brother of Don Huffines, the 2022 Abbott challenger; Ken Fisher, a Plano money manager; and Alex Fairly, an Amarillo businessman who is active in local politics and recently gave $20 million to create an institute at West Texas A&M University to promote American values.

Two of the six-figure donors responded to requests for comment, including Fisher, who gave $100,000 in January 2022.

“Wasn't there, aren't active there, know nothing about it or him,” Fisher wrote in an email when asked about the Fuentes meeting. “Has nothing to do with my past contribution. Plain and simple.”

Fairly and an LLC connected to him gave about $181,000 to Defend Texas Liberty this spring as the group got involved in Amarillo City Council elections.

“Having no knowledge of, nor ever having met or spoken to the alleged participants in the meeting referenced in The Tribune’s article, I will not comment on the story,” Fairly said. “But I will comment on the only issue in this story that matters: Racism, in any form, dispersed by any person or organization, saddens and dismays me because I believe God created every man and woman in His image, and any attempt to lessen or denounce the value of any human based on their race does so in direct opposition to the God who created each of us.”

This article originally appeared in The Texas Tribune.

The Texas Tribune is a member-supported, nonpartisan newsroom informing and engaging Texans on state politics and policy. Learn more at texastribune.org.

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Conservative PAC leader’s meeting with white supremacist Nick Fuentes escalates GOP infighting

By Robert Downen 

The Texas Tribune

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House Speaker Dade Phelan strongly condemned the leader of a major conservative PAC and demanded that elected officials — including Lt. Gov. Dan Patrick — return money they received from the group, one day after The Texas Tribune reported that it had recently hosted well-known white supremacist Nick Fuentes.

"This (is) not just a casual misstep,” Phelan said in a statement. “It’s indicative of the moral, political rot that has been festering in a certain segment of our party for far too long. Anti-Semitism, bigotry and Hitler apologists should find no sanctuary in the Republican party. Period. We cannot – and must not – tolerate the tacit endorsement of such vile ideologies.”

Shortly after, Patrick denounced Fuentes and anti-semitism, but accused Phelan — whose statement noted Hamas' attack on Israel on Saturday — of exploiting the war for “his own political gain.” He called on Phelan to resign as speaker before 1 p.m. on Monday, when the Texas House is expected to gavel in for a special session on school vouchers and other contentious legislation. Patrick's statement did not mention Stickland — or his ties to and financial support from Stickland's PAC.

Campaign Action

The Tribune reported Sunday that Jonathan Stickland, the leader of Defend Texas Liberty PAC and a related consulting firm, Pale Horse Strategies, hosted Fuentes outside Fort Worth for nearly 7 hours on Friday. Fuentes is an avowed admirer of Adolf Hitler, has called for “holy war” against Jews and said that "all I want is revenge against my enemies and a total Aryan victory.”

Acting on a tip, a Tribune reporter and photographer observed Fuentes and others — including Kyle Rittenhouse, who was acquitted of homicide after killing two Black Lives Matter protesters in 2020 — enter the one-story office of Pale Horse Strategies near Fort Worth. Republican Party of Texas Chair Matt Rinaldi also was inside the office for about 45 minutes, though Rinaldi told the Tribune that he had no idea that Fuentes was there, condemned him outright and said he wouldn’t meet with him “in a million years.”

Defend Texas Liberty is funded by two West Texas oil billionaires — Tim Dunn and Farris Wilks — who are also Attorney General Ken Paxton’s biggest donors. Earlier this year, the group made headlines after it gave $3 million in loans and donations to Patrick ahead of Paxton’s impeachment trial in the Texas Senate, over which Patrick presided.

Phelan — who has long been at odds with Patrick — directly called out Patrick in his statement, which comes as tension between the two have escalated to new heights in the wake of Paxton’s impeachment trial. Phelan also demanded Monday that “any elected official” who has received money from Defend Texas Liberty or its affiliated organizations “to immediately redirect every single cent of those contributions to a charitable organization of his or her choice.”

“Furthermore, I call upon elected officials and candidates to state unequivocally that they will not accept further contributions, including in-kind contributions, from the Defend Texas Liberty PAC,” Phelan said. “Recently, Lt. Governor Dan Patrick took $3 million from this organization. I expect him to lead the way in redirecting these funds.”

Phelan also called on the Texas GOP, which has taken $132,500 this election cycle, and Rinaldi to donate funds from Defend Texas Liberty even “if doing so would take the party into the red.”

Phelan continued, drawing a direct line between Fuentes’ visit to Texas and the violence that broke out in Israel over the weekend.

“The Republican Party, at its core, champions freedom, democracy, and shared values with nations like Israel,” he said. “...Every single elected official or candidate who has received funding from the Defend Texas Liberty PAC must publicly disavow their toxic affiliation."

Paxton and Rinaldi could not be immediately reached for comment.

Patrick, meanwhile, did not say whether he would return the $3 million given to him by Defend Texas Liberty. In the statement, he slammed Phelan for what he called a “disgusting, despicable, and disingenuous” political stunt.

“Nick Fuentes and his antisemitic rhetoric have no place in the United States. Those who spew such vile, loathsome, abominations will have to answer for it,” Patrick said. “For anyone to try to use these invectives for their own political gain is below contempt. I am calling on Dade Phelan to resign his position before the House gavels in this afternoon.”

Since 2021, Defend Texas Liberty has given nearly $15 million to ultraconservative candidates as it tries to unseat fellow Republicans, including Phelan, who it argues are not conservative enough. The group is a key part of a network of nonprofits, media companies, campaigns and institutions that Dunn and the Wilks brothers have given more than $100 million to push their ultraconservative religious and anti-LGBTQ+ views.

Phelan meanwhile is at least the second Republican to call on others to return donations. On Sunday, Rep. Jared Patterson, R-Frisco,said his fellow conservatives should publicly donate funds from Defend Texas Liberty “or their astroturf groups” to an “Israel-supporting charity.”

“Unfortunately, this isn’t unbelievable,” he said in response to the Tribune’s reporting.

Campaign finance records show that in 2022, Defend Texas Liberty donated more than $5 million to candidates who challenged more moderate, incumbent Republicans. Most of that money went to Don Huffines, a real estate developer and former state senator who unsuccessfully challenged Gov. Greg Abbott in the Republican primary.

Defend Texas Liberty has also bankrolled some of the most conservative members of the Legislature, including Reps. Tony Tinderholt of Arlington and Bryan Slaton of Royse City. Slaton was ousted from the Texas House in May after House investigators found that he gave alcohol to a 19-year-old aide and then had sex with her.

Fuentes’ visit to Pale Horse comes as the far-right of the Texas GOP continues to elevate extreme rhetoric, figures and conspiracy theories amid an ongoing civil was with Phelan and other more establishment members, and as antisemitism and hate crimes continue to skyrocket in the state and nationally.

Despite his open adoration for Hitler and his violent rhetoric, Fuentes has not been entirely cast out of right-wing circles. Hard-right Republicans, including U.S. Reps. Marjorie Taylor Greene of Georgia and Paul Gosar of Arizona, have spoken at Fuentes’ annual conference alongside avowed white supremacists.

Fuentes’ acolytes have also been employed in powerful positions in the GOP. In July, the presidential campaign of Florida Gov. Ron DeSantis fired a staffer after it was revealed that he created and then shared a pro-DeSantis video that featured a Nazi sonnenrad. And, earlier this year, Ella Maulding moved from Mississippi to Fort Worth to work as a social media coordinator for Pale Horse Strategies.

Maulding has praised Fuentes as ”the greatest civil rights leader in history,” and her social media is replete with references to “white genocide” — a foundational ideology for neo-Nazi and other violent extremist movements.

Maulding was observed for several hours at the Friday meeting with Fuentes, and she spent some time outside recording a video for Texans For Strong Borders in which she called on Texas lawmakers to crack down on immigration when they meet for a special legislative session beginning Monday.

Texans for Strong Borders wants to stem both legal and illegal immigration. Its founder, Chris Russo, was seen driving Fuentes to the Friday meeting at Pale Horse Strategies.

This article originally appeared in The Texas Tribune.

The Texas Tribune is a member-supported, nonpartisan newsroom informing and engaging Texans on state politics and policy. Learn more at texastribune.org.

The fate of Texas’ impeached attorney general rests in hands of 31 state senators―including his wife

The Texas State Senate on Monday passed a resolution declaring that its trial for Attorney General Ken Paxton, whom the state House impeached over corruption allegations two days beforemust begin by Aug. 28. Lt. Gov. Dan Patrick, who like Paxton and every other statewide official is a Republican, is tasked with choosing the starting date and presiding over the tribunal. It would take two-thirds of the 31-member chamber, where the GOP holds a 19-12 majority, to convict Paxton and thus bar him from ever holding state office again.

Paxton will remain suspended until a verdict is reached, and Assistant Attorney General Brent Webster, who joined his boss in trying to overturn Joe Biden’s 2020 win, automatically assumed the office. Gov. Greg Abbott has not yet said if he’d select someone to take over from Webster, a key Paxton ally who used his first day on the job to praise the scandal-ridden attorney general in an email to staffers.

If the Senate removed Paxton, though, election law professor Quinn Yeargain writes in Guaranteed Republics that Abbott would be tasked with picking a replacement, and that this person would require the support of two-thirds of the Senate in order to be confirmed. Yeargain adds that a November 2024 special election would take place for the final two years of Paxton’s term should he be convicted.

This could be a consequential pick should Abbott get to make it, as political observers point out that whoever holds the powerful post of attorney general could be the frontrunner in 2026 to succeed the governor in the event that he doesn’t seek a fourth term. (Abbott himself used this office as a springboard to the governorship in 2014.)

Yeargain, however, notes that, because Republicans are two seats shy of the two-thirds supermajority needed to unilaterally confirm a new attorney general, Democrats could try to pressure Abbott to pick someone who wouldn’t run next year. If the Senate failed to oust Paxton, though, he’d be free to run for reelection or higher office three years down the line.

It also remains to be seen if two GOP senators, Angela Paxton and Bryan Hughes, will act as jurors, though the Houston Chronicle says that two-thirds of the total body would need to vote for conviction whether or not there are any recusals. Angela Paxton is Ken Paxton’s wife, and she’s remained his close ally even though he allegedly convinced a wealthy ally named Nate Paul to hire the woman that the attorney general was having an affair with. The House’s articles of impeachment, meanwhile, accuse Paxton of utilizing Hughes as a “straw requestor” for a legal opinion used to aid Paul.

Patrick indicated that neither senator would be required to step aside, saying, “I will be presiding over that case and the senators—all 31 senators—will have a vote.” Kenneth Williams, who is a professor of criminal procedure, told the Associated Press that there wasn’t any way to prevent Angela Paxton from taking part in the proceedings, saying, “It’s up to her ethical standards and compass, basically.”

Until a week ago, it didn’t look like Ken Paxton was in any immediate danger of losing the office he was reelected to twice while under felony indictment. The attorney general was charged with securities fraud all the way back in 2015, but that trial still has yet to be scheduled. In November of 2020, the AP reported that the FBI was probing him in an unrelated matter for allegedly using his office to help Paul in exchange for favors. Four of Paxton’s former top aides also filed a whistleblower lawsuit claiming that he’d retaliated against them for helping this investigation; their suit also alleges that Webster took part in this retaliation.

Paxton and his former personnel reached a tentative settlement in February that was contingent on the Texas legislature approving $3.3 million in state funds to the quartet, but it soon became apparent that House Speaker Dade Phelan and other fellow Republicans weren’t keen to pay this. And while things seemed to stall, the House General Investigating Committee actually quietly began its own report into Paxton’s alleged misbehavior.

Paxton made news Tuesday when he called for Phelan to resign for presiding over his chamber “in a state of apparent debilitating intoxication,” but all that was overshadowed the next day when the committee unexpectedly released its report reiterating many of the allegations related to Paul. The committee, which recommended impeachment the next day, went on to say, “We cannot over-emphasize the fact that, but for Paxton’s own request for a taxpayer-funded settlement . . . Paxton would not be facing impeachment."

On Saturday, the GOP-dominated House was presented with 20 counts of impeachment. Most of the charges accused Paxton of illegally using his powers to help Paul, though some said he’d tried to interfere in the securities fraud case. Donald Trump, who endorsed the attorney general in last year’s primary, tried to pressure Republicans with a TruthSocial message threatening to “fight” anyone who voted for impeachment, while one Republican member of the General Investigating Committee claimed that Paxton himself had contacted representatives “threatening them with political consequences in their next election.”

Ultimately, though, impeachment passed 121-23, with 60 Republicans joining 61 Democrats in the affirmative. All 23 noes came from Republicans, with one member from each party voting present: The lone Democrat to do this was Harold Dutton, who infuriated his party earlier this month by backing an anti-trans bill.

Paxton characteristically responded by writing, “Phelan’s coalition of Democrats and liberal Republicans is now in lockstep with the Biden Administration, the abortion industry, anti-gun zealots, and woke corporations to sabotage my work as Attorney General.” He also predicted he’d be acquitted by the Senate where, as Yeargain writes, Angela Paxton would likely become the first person in American history to have the chance to vote on an impeached spouse’s conviction.