Category: DailyKosElections

Trump tried to steal Pennsylvania. Here’s how we stop him from succeeding next time

Posted on by David Nir

Next year's battle for the White House will once again come down to just a handful of states, and one of those states will be Pennsylvania.

And if Donald Trump is the GOP nominee once more, there's every reason to think he'll try to steal Pennsylvania's electoral votes, just like he sought to do in 2020—and was just indicted for.

Three years ago, our sturdiest backstop was the Pennsylvania Supreme Court, which conclusively shut down Trump's many bogus lawsuits that sought to overturn the election. We need to make sure the state's highest court stands ready to safeguard democracy yet again, which is why Daily Kos is proudly endorsing Judge Dan McCaffery in the Nov. 7 race to fill a critical vacant seat.

Democracy is on the line once again. You can help protect it by donating $5, $10, or whatever feels right to Democrat Dan McCaffery in Pennsylvania!

McCaffery is an unimpeachable jurist who has sat on the bench for a decade, winning election as an appeals court judge in 2019. He's the son of immigrants who fled violence in their native Ireland, an Army veteran, a West Point graduate, and a former prosecutor. He has the support of Planned Parenthood, labor unions across the state, and the state Democratic Party. And he earned the highest possible rating from the Pennsylvania Bar Association. In short, he's a fair-minded, independent judge who can be trusted to do the right thing.

Not so his Republican opponent. Judge Carolyn Carluccio not only holds extreme anti-abortion views, she's tried to conceal them by stripping references to her promise to be a "Defender" of "All Life Under the Law" from her campaign website. Even more troubling, she suggested without any evidence that mail voting could lead to fraud and even refused to answer directly when the Philadelphia Inquirer asked if she thought the 2022 and 2022 elections were "free and fair." That sounds like exactly the sort of judge Trump would want to have in his corner.

It goes without saying that the stakes in 2024 are as high as they come, which makes this fall's contest an extremely high-stakes affair as well. Right now, Democrats hold a 4-2 majority on the Pennsylvania Supreme Court, meaning that if Republicans flip this seat (which became vacant after Democrat Max Baer died last year), they'll shrink that edge to 4-3. That's way too close for comfort, especially if there's ever an absence, a recusal, or another vacancy.

And it wasn't too long ago that Republicans controlled the court—it was only in 2015 that Democrats were able to take it back. Republicans have never accepted the legitimacy of that new Democratic majority and even threatened to impeach Democratic justices after they struck down the GOP's gerrymandered maps a few years ago, so we know they're going to fight like hell to regain power.

In Wisconsin, we just saw how low conservatives will stoop to win a state Supreme Court seat—they even literally ran a shot-for-shot remake of the infamous Willie Horton ad. Pennsylvania Republicans will fight just as dirty.

That's why we need to do everything we can to help McCaffery win in November. The best antidote to corporate dark money is grassroots people power, and Daily Kos excels at delivering that.

Donate $20—or whatever you can—right now to elect Dan McCaffery to the Pennsylvania Supreme Court!

Morning Digest: Father of anti-trans ‘bathroom bill’ joins race for North Carolina attorney general

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

● NC-AG, NC-08: Far-right Rep. Dan Bishop, an election denier who rose to prominence after spearheading North Carolina's transphobic "bathroom bill" in 2016 while in the state Senate, announced Thursday that he'd run for state attorney general next year. The congressman quickly earned an endorsement from the well-funded Club for Growth for his bid to become the first Republican to hold this office since 1975, though he currently faces former state Rep. Tom Murry in the primary.

Bishop, however, may not be the only sitting congressman who ends up running to succeed incumbent Josh Stein, the Democratic frontrunner in next year's race for governor. The very same day, Democratic Rep. Jeff Jackson declined to rule out a bid of his own. Jackson told the News & Observer's Danielle Battaglia that he'd only start thinking about a campaign after the state's Republican-run legislature passes a new congressional map sometime this fall, which could leave the freshman without a seat he can win.

Jackson, however, was quick to make clear how he'd go after Bishop. "I did hear his announcement," he said, "and as a prosecutor, I don't think that anyone who supported overturning an election should be talking about law and order." The Democratic field currently consists of Marine veteran Tim Dunn and Navy Reserve veteran Charles Ingram, but both reported having minimal cash stockpiles at the end of June.

Bishop did indeed vote to overturn Joe Biden's win in the hours following the Jan. 6 assault on the Capitol, a move the congressman justified by echoing Donald Trump's lies about mail-in votes. "In the 2020 election, the national Democratic Party carried out a highly coordinated, massively financed, nationwide campaign to displace state regulation of absentee ballots by means of a flood of election-year litigation," Bishop wrote just before the riot, and he's continued to spread the Big Lie since then. The congressman fired off an evidence-free tweet last year claiming that Jack Dorsey "and Twitter put their thumb on the scale in the last election to help Biden." (Unsurprisingly, Bishop has a far more favorable view of that site's new owner.)

Before Bishop devoted himself to enabling conservative extremists in Washington, D.C., he was a state lawmaker who indirectly helped cost the GOP the governorship in 2016. That year, Republican Gov. Pat McCrory signed the Bishop-crafted House Bill 2, which required anyone using bathrooms at schools or public facilities to use the restroom associated with the sex on their birth certificate, regardless of their gender identity. That legislation sparked a national backlash that led several major corporations to cancel planned expansions in the state, and voters responded by narrowly booting McCrory in favor of then-Attorney General Roy Cooper.

Bishop's career, though, survived and thrived even after Cooper signed a law rolling back HB 2. The state senator unexpectedly got the chance to run for Congress in what was then numbered the 9th District in 2019 after the results of the previous year's election were voided because of election fraud carried out to assist Republican nominee Mark Harris. Bishop decisively won the primary and went on to narrowly defeat 2018 Democratic nominee Dan McCready 51-49 after an expensive campaign for a gerrymandered constituency that Trump had taken 54-43 in 2016.

But despite that underwhelming victory, as well as a new court-supervised map that made the 9th District a shade bluer, Bishop turned in an easy 2020 win in a contest that national Democrats didn't target. His constituency was soon renumbered the 8th District following the 2020 census and became safely red turf that Bishop had no trouble holding last year. The congressman then used the first days of the new Congress to cast 11 straight votes against making Kevin McCarthy speaker, but he eventually flipped; McCarthy rewarded Bishop afterward with a spot on the GOP's Orwellian-named "Weaponization of the Federal Government" subcommittee.

Republican legislators were recently given the green light to once again gerrymander to their hearts' content after the newly conservative state Supreme Court overturned a ruling by the court's previously Democratic majority that had banned the practice. They'll likely draw up another safe seat to replace the one Bishop currently represents, and there's already chatter about who could run to replace him.

An unnamed source tells the National Journal's James Downs that Harris and Dan Barry, who took a distant fifth in the 2012 primary for the 9th District several maps ago, are "names to watch." Harris chose not to run in the 2019 special election that Bishop ultimately won, but while the consultant responsible for the fraud that wrecked his campaign went to prison, Wake County District Attorney Lorrin Freeman announced the following year that she wouldn't charge the candidate as part of her probe.

P.S. While Bishop would be the first Republican to serve as attorney general in 50 years, the last member of his party to actually win this office was Zeb Walser all the way back in 1896. Republicans last held the attorney general's office in 1974 when GOP Gov. James Holshouser appointed James Carson to fill a vacancy, though Carson lost the ensuing special election a few months later to Democrat Rufus Edmisten.

Senate

● AZ-Sen: Noble Predictive Insights, which until recently was known as OH Predictive Insights, has released a poll that finds Democratic Rep. Ruben Gallego leading in six different general election scenarios:

  • Rep. Ruben Gallego (D): 33, Pinal County Sheriff Mark Lamb (R): 25, Kyrsten Sinema (I-inc): 24
  • Gallego (D): 40, Lamb (R): 36
  • Gallego (D): 32, Sinema (I-inc): 28, 2022 Senate nominee Blake Masters (R): 24
  • Gallego (D): 44, Masters (R): 36
  • Gallego (D): 34, Sinema (I-inc): 26, 2022 gubernatorial nominee Kari Lake (R): 25
  • Gallego (D): 45, Lake (R): 35

Gallego and Lamb are the only notable candidates who have announced they're running. NPI, which sometimes does work on behalf of GOP groups, is the very first poll we've seen from anyone since April.

● ND-Sen: Republican Sen. Kevin Cramer told KUMV this week that he hasn't decided whether he'll seek reelection, though the incumbent sounds like he's leaning strongly towards another campaign. "A second term for me would mean greater clout, probably a chairmanship as well," Cramer said. "Seniority matters in the Senate. That's where my thinking is today without telling you exactly what I intend to do. I guess I would be surprised if I decided not to run for reelection." The senator does not appear to have indicated what factors would push him toward retirement.

● WV-Sen: The Washington Post reports that Democratic Sen. Joe Manchin has asked Senate Majority Leader Chuck Schumer to direct money towards positive ads "to help prop up his poll numbers before he decides whether he'll run," but Manchin won't use his own $10.8 million war chest for this purpose because he "doesn't want to spark speculation that he's running for reelection by making an ad buy to boost his image." The Democratic group Duty and Honor did run commercials in the spring to counter a GOP offensive to damage the incumbent, but the paper says that Schumer doesn't want to make a big investment here before he knows if Manchin will actually run again.

Governors

● MS-Gov: Republican incumbent Tate Reeves seems to agree with Democrats that the state's $77 million welfare funds scandal could hurt him even in this red state because he's already up with a response spot two days after Public Service Commissioner Brandon Presley launched his first commercial on the topic. The challenger may not mind too much, though, because Reeves' ad makers adopt the dubious strategy of repeating some of the very attacks Presley is leveling against him.

"Have you seen this ad attacking our governor, Tate Reeves?" asks the narrator as footage fills the screen of Presley's earlier piece, complete with on-screen text reading, "REEVES … PLAGUED BY WELFARE FRAUD SCANDAL." Reeves' narrator isn't happy, saying, "Tate Reeves had nothing to do with the scandal … it all happened before he was governor." It's rarely a good move to put your candidate's name in the same sentence as "scandal," but Presley's team is also disputing the idea that Reeves isn't to blame for something that occurred while he occupied the powerful lieutenant governor's office.

"[T]he reality is Tate Reeves used to brag about his watchdog responsibilities and overseeing the state budget," the campaign said in a statement, which included a quote from a 2019 ad where Reeves proclaimed he was "managing the government's money like it's your money―because it is."

● WA-Gov: Richland School Board member Semi Bird on Thursday pledged to continue his campaign for governor two days after the Republican appears to have lost a recall election along with two colleagues. The trio voted in February of 2022 to defy the state's COVID protocols and make it optional to wear masks in local public schools; school was canceled for two days as a result, and the group ultimately backed down.

Bird hasn't gained much traction ahead of a top-two primary contest where former Rep. Dave Reichert appears to be the GOP frontrunner, but he's hoping his likely ouster will change that. (The state is still counting ballots, but the pro-recall "yes" side was ahead 56-44 in Bird's race as of Thursday; the results were similar in the other two contests.) "The teachers unions and leftest activists may have won the recall battle, pouring 10's of thousands of dollars into the effort," Bird wrote Thursday in a fundraising email, "but when the people of Washington send me to Olympia, we will win the war."

House

● DE-AL: EMILY's List on Thursday endorsed state Sen. Sarah McBride in the Democratic primary for this statewide seat, declaring that it "was proud to support McBride when she made history in 2020 as the first openly transgender state senator in the country — and we are thrilled to once again help her make history and become the first openly transgender member of Congress."

● NC-??: State House Speaker Tim Moore announced last month that he will not seek another term leading the chamber after the 2024 elections, and he and his team are continuing to evade questions about whether he'd run for the U.S. House after his party passes a new gerrymander. Political advisor Paul Shumaker told the News & Observer, "We don't know what the maps are going to look like. We have all this speculation." Shumaker added that his client could also go into the private sector.

● PA-01: Anti-abortion activist Mark Houck announced Wednesday that he'd run to deny renomination to Republican Rep. Brian Fitzpatrick in this competitive suburban Philadelphia seat, a declaration that comes months after he was found not guilty of allegedly violating a federal law designed to protect abortion clinics. Houck became a conservative celebrity in the leadup to that January trial, where he was accused of intimidation by twice shoving a 72-year-old Planned Parenthood volunteer in 2021; Houck never denied he'd done this, though he successfully claimed that he'd only become violent after his son was insulted.

Houck launched his campaign by telling the far-right website The Church Militant, "We're running to protect the rights of families and defend traditional family values in our district. Unfortunately, Brian doesn't represent that." Fitzpatrick, who has made a name for himself as a pragmatist, has always run well ahead of the top of the ticket during his four campaigns, and Democrats would be delighted if Houck gave him a hard time in this 52-47 Biden seat. The well-funded congressman turned back a little-known primary foe 66-34 last cycle before pulling off a 55-45 victory against Ashley Ehasz, a Democrat who is running again.

● TX-28: Conservative Rep. Henry Cuellar on Thursday unveiled endorsements from House Minority Leader Hakeem Jeffries and the rest of the chamber's Democratic leadership, as well as Speaker Emerita Nancy Pelosi, in what's likely a move to deter another primary challenge from the left. Cuellar narrowly fended off immigration attorney Jessica Cisneros in 2020 and 2022, and her former spokesperson told the Texas Tribune back in March that she hadn't ruled out a third try. The Lone Star State's downballot filing deadline is Dec. 11, which is one of the earliest in the nation.

Attorneys General

● TX-AG: Thursday finally brought some action concerning Republican Attorney General Ken Paxton's long-stalled trial for securities fraud, with a state judge agreeing to a request from both prosecutors and the defense to delay scheduling anything until Paxton's separate impeachment trial concludes sometime next month. Both sides agreed that Paxton would be more likely to try to reach a deal concerning the eight-year-old security fraud indictment if two-thirds of the state Senate votes to remove him from office, with one of his attorneys explaining that this outcome would be "a kill shot to his political career, so it opens the door to a resolution that’s not open right now."

Ballot Measures

● OH Ballot: A GOP consultant tells cleveland.com that groups looking to beat Issue 1, which would make it much harder to amend the state constitution, have added $2.5 million to their media buys for the final days of the Aug. 8 special election. The story says the conservative pro "yes" side enjoys a small $5.9 million to $5.3 million edge in ad spending for the last week of the race: The GOP firm Medium Buying also tweets that the "no" side has outspent its rivals $12.2 million to $9.7 million on TV and radio for the entire campaign.

Meanwhile, organizers seeking to place a statutory initiative on the November ballot to legalize recreational marijuana say they've submitted 6,500 additional signatures to the secretary of state, and they only need about 10% of them to be valid in order to qualify: The campaign fell just 679 petitions shy of the 124,000 minimum last month, but state law granted them 10 extra days to make up the shortfall.

Because this proposal would not amend the constitution, it would only need to win a majority no matter how the Issue 1 fight ends next week. Issue 1 would also not eliminate the 10-day grace period for statutory initiatives like this, though it would end this rule for future constitutional amendments. Polling from Civiqs shows that two-thirds of Ohio voters believe "the use of cannabis should be legal."

Three House members could soon make their exits—and more will join them

Posted on by Jeff Singer

Politico relays that Georgia Rep. David Scott's colleagues in the Democratic caucus "widely expect him not to run" again in his dark blue seat; Scott, who has a history of siding with Republicans, has not commented publicly, though. Two House Republicans who identify with the declining institutionalist wing of the GOP, Arkansas' Steve Womack and Idaho's Mike Simpson, tell the Washington Post in a separate report that they're considering retiring from their safely red seats.

Campaign Action

We’ll start with Scott, whose performance as the top Democrat on the Agriculture Committee has been the subject of much intra-party frustration. His lack of a response to Republican efforts to cut food assistance programs—in a new report, Politico says that he hasn't held a single press conference on the topic this year—apparently prompted Democrats to form a special task force, led by Mississippi Rep. Bennie Thompson, to take point on the issue.

The unusual move seems to have been prompted by concerns about Scott's health. Last year, Politico reported that people close to Scott "acknowledged he’s noticeably slowed in the last few years, citing his increasingly halting speech and trouble at times focusing on a topic."

Politico's article this week says that Scott "no longer speaks with reporters in the halls of the Capitol"; in June, when one reporter was actually able to ask the congressman how a hearing had gone, the congressman replied, "I don't know." "There are real questions about whether he’s with it," an unnamed House colleague told Politico of the 78-year-old Georgian.

Scott, who was first elected in 2002 with support from his late brother-in-law, the legendary Atlanta Braves Hall of Famer Hank Aaron, has long been one of the more conservative members of his caucus. The Democrat crossed party lines in 2016 to back Republican Sen. Johnny Isakson’s bid for reelection, declaring, "He's my friend. He's my partner. And I always look out for my partners." Scott, who donated to Utah GOP Rep. Mia Love's campaign that year, has also sided with Republicans to undermine regulations aimed at reining in predatory payday lenders and preventing auto dealers from charging higher interest rates to people of color.

If the congressman does surprise his colleagues and run again, though, his renomination in this safely blue suburban Atlanta seat is hardly assured. Scott unexpectedly earned just 53% of the vote in a crowded 2020 primary against several underfunded foes—just a few points more than the majority he needed to avert a runoff against former state Rep. Keisha Waites. (Waites, who is now a member of the Atlanta City Council, took 25%.) The incumbent did better last cycle when he turned back South Fulton City Councilor Mark Baker 66-13, though that performance wasn't emphatic for a longtime incumbent.

Meanwhile there’s Womack, a self-described "institution guy" who told the Post's Paul Kane that the far-right's antics have made serving in D.C. "so unpleasant" that he's weighing retirement and would decide whether he's had enough around Labor Day. After the article was published, though, the seven-term congressman backtracked somewhat.

"To be clear, I am frustrated with the state of play in Congress," he tweeted. "[H]owever I have every intention of running for reelection and using my work to fix the institution I love." He still left the door open to leaving, though. "I have always used Labor Day as the time frame for these decisions," he continued. "I take nothing for granted and I’m honored every day to serve my constituents in Arkansas’ Third District."

But while Womack, in Kane's words, is tired of seeing "his party’s leadership kowtowing to a small band of hard-right lawmakers," the story notes that his friends fear one of those hardliners would simply replace him in this northeast Arkansas seat. Womack himself has never had trouble winning renomination, though that hardly means he'd be in for another easy campaign if he ran again: Last year, Rep. French Hill, another member of the GOP minority that recognized Biden's victory, only won his primary for the neighboring 2nd District by a relatively soft 59-41 margin against a foe who was happy to spread the Big Lie.

Simpson, finally, made it clear he shares Womack's grievances. "I think there’s a lot of people like that, to tell you the truth," he told Kane." It’s just people considering: Is this really worth it?" And the answer for the Idaho Republican may be no: "Right now, I’m running again," he said before, as Kane puts it, "pausing for effect" and finishing, "Right now." Unlike Womack, though, Simpson did not provide a timeline for when he expects to make up his mind.

The 72-year-old Simpson is only six years older than his likeminded colleague from the South, but unlike Womack, Simpson just had to fend off an organized attempt to beat him in last year's primary. In that matchup, the incumbent fended off attorney Bryan Smith 55-33 after an expensive fight for an eastern Idaho constituency Simpson first won in 1998. The congressman, who had also turned back Smith 62-38 in 2014, didn't come close to losing, but his declining vote share could foreshadow more tough races to come―if he tries to stick around, that is.

No matter what Womack, Simpson, or Scott do in 2024, however, there's almost certainly plenty of other House members from both parties who are thinking about whether they want to remain in office. Currently just two representatives―California Democrat Grace Napolitano and Indiana Republican Victoria Spartz—have announced they're leaving the chamber and not campaigning for another office. And while just two outright retirements might seem like very few so far, that's in keeping with patterns over the last two decades.

According to data compiled by Daily Kos Elections since the 2005-06 election cycle, an average of about three House incumbents have decided to say goodbye to elective politics altogether before Aug. 1 of each odd-numbered year. That means we can expect many more to call it a career ahead of the 2024 elections, though we'll likely be waiting well into the new year for some decisions.

North Dakota could bar anyone over 80 from serving in Congress, but will the Supreme Court let it?

Posted on by Jeff Singer

North Dakota officials on Friday gave the green light to advocates for term limits to start collecting signatures for a proposed amendment to the state constitution to bar anyone older than 80 from representing the state in Congress. The measure could, however, have a tough time surviving a court challenge, though it joins a long history of conservatives testing the limits of a 1995 U.S. Supreme Court decision that held that states cannot add further qualifications to candidates for Congress beyond those outlined in the U.S. Constitution.

That 1995 ruling, known as U.S. Term Limits v. Thornton, struck down an Arkansas initiative that tried to impose term limits on members of the state's congressional delegation. The court's 5-4 decision, which saw swing Justice Anthony Kennedy join the four liberal justices, explained that the only restrictions states could impose on congressional candidates were the ones spelled out in the nation's governing document: namely, a minimum (but not maximum) age, a minimum period of U.S. citizenship, and residency in the state they're seeking to represent at the time of election. Clarence Thomas, however, wrote a dissent that three fellow conservatives joined, saying he would have allowed Arkansas' law to stand.

Last year, Republicans in Tennessee decided to test whether Thomas' views might now hold sway on the Supreme Court, whose membership is now considerably further to the right than it was three decades ago. The GOP-dominated state legislature imposed a requirement that U.S. House candidates must have voted in the previous three statewide general elections to be eligible to run, a move that seemed to be aimed at blocking Morgan Ortagus, a former State Department spokesperson, from seeking the open 5th Congressional District. (Ortagus had only relocated from D.C. in 2021.)

The bill didn't apply last cycle because Gov. Bill Lee only allowed it to become law after the candidate filing deadline had passed. However, the state GOP's executive committee later used a different state law to eject Ortagus and two others from the ballot for not meeting the party's definition of a "bona fide" Republican. At least two of the plan's proponents, though, had much more than 2022 in mind, as they explicitly said they hoped the Supreme Court would overturn U.S. Term Limits. First, though, a candidate impacted by the law would have to file suit, which has not yet happened.

In North Dakota, meanwhile, organizers are seeking to collect signatures to impose a different requirement that, like Tennessee's, also isn't found in the constitution. The proposed amendment would forbid anyone who would turn 81 before the end of their term from being elected or appointed to Congress. The measure also includes a section saying that, in the event that the courts block this maximum age limit, a "ballot advisory" would appear next to the names of congressional candidates on the ballot informing voters how old they'd be when their term would end.

The effort is being spearheaded by Jared Hendrix, a GOP party official who played a key role in electing and defending members of the legislature's far-right "Bastiat Caucus" (named after the 19th century French economist who championed free markets) and last year helped pass a term-limits measure applying to the governor and state legislators. Hendrix tells the Associated Press' Jack Dura that his group is aiming to get the measure on the June primary ballot rather than wait for next year's general election, saying, "Our plan is to aggressively and quickly gather signatures before cold weather hits."

Hendrix and his allies have until Feb. 12 to turn in about 31,200 signatures, a figure that represents 2% of the state's population (North Dakota is the only state that doesn't have voter registration) in order to meet his timeline; if they submit in their petitions later, the amendment wouldn't go before voters until November 2024. No matter what, though, it would only take a simple majority to pass the proposal at the ballot box.

Congressional elections could experience some major changes coast to coast if the Supreme Court were to chart a new course, but it wouldn't immediately impact any of the three members of the Peace Garden State's all-GOP delegation. Sens. John Hoeven and Kevin Cramer are 66 and 62, respectively, while Rep. Kelly Armstrong is 46. Of course, many members of Congress have served (or currently serve) into their 80s and even beyond: Texas Rep. Ralph Hall was 91 when his career came to an end, while South Carolina Sen. Strom Thurmond remained in office until he was 100.

Morning Digest: New North Dakota initiative would bar octogenarians from Congress

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

Embedded Content

Leading Off

● ND Ballot: North Dakota officials on Friday gave the green light to advocates for term limits to start collecting signatures for a proposed amendment to the state constitution to bar anyone older than 80 from representing the state in Congress. The measure could, however, have a tough time surviving a court challenge, though it joins a long history of conservatives testing the limits of a 1995 U.S. Supreme Court decision that held that states cannot add further qualifications to candidates for Congress beyond those outlined in the U.S. Constitution.

That 1995 ruling, known as U.S. Term Limits v. Thornton, struck down an Arkansas ballot initiative that tried to impose term limits on members of the state's congressional delegation. The court's 5-4 decision, which saw swing Justice Anthony Kennedy join the four liberal justices, explained that the only restrictions states could impose on congressional candidates were the ones spelled out in the nation's governing document: namely, a minimum (but not maximum) age, a minimum period of U.S. citizenship, and residency in the state they're seeking to represent at the time of election. Clarence Thomas, however, wrote a dissent that three fellow conservatives joined, saying he would have allowed Arkansas' law to stand.

Last year, Republicans in Tennessee decided to test whether Thomas' views might now hold sway on the Supreme Court, whose membership is now considerably further to the right than it was three decades ago. The GOP-dominated state legislature imposed a requirement that U.S. House candidates must have voted in the previous three statewide general elections to be eligible to run, a move that seemed to be aimed at blocking Morgan Ortagus, a former State Department spokesperson, from seeking the open 5th Congressional District. (Ortagus had only relocated from D.C. in 2021.)

The bill didn't apply last cycle because Gov. Bill Lee only allowed it to become law after the candidate filing deadline had passed. However, the state GOP's executive committee later used a different state law to eject Ortagus and two others from the ballot for not meeting the party's definition of a "bona fide" Republican. At least two of the plan's proponents, though, had much more than 2022 in mind, as they explicitly said they hoped the Supreme Court would overturn U.S. Term Limits. First, though, a candidate impacted by the law would have to file suit, which has not yet happened.

In North Dakota, meanwhile, organizers are seeking to collect signatures to impose a different requirement that, like Tennessee's, also isn't found in the Constitution. The proposed amendment would forbid anyone who would turn 81 before the end of their term from being elected or appointed to Congress. The measure also includes a section saying that, in the event that the courts block this maximum age limit, a "ballot advisory" would appear next to the names of congressional candidates on the ballot informing voters how old they'd be when their term would end.

The effort is being spearheaded by Jared Hendrix, a GOP party official who played a key role in electing and defending members of the legislature's far-right "Bastiat Caucus" (named after the 19th century French economist who championed free markets) and last year helped pass a term-limits measure applying to the governor and state legislators. Hendrix tells the Associated Press' Jack Dura that his group is aiming to get the measure on the June primary ballot rather than wait for next year's general election, saying, "Our plan is to aggressively and quickly gather signatures before cold weather hits."

Hendrix and his allies have until Feb. 12 to turn in about 31,200 signatures, a figure that represents 4% of the state's population (North Dakota is the only state that doesn't require voter registration) in order to meet his timeline; if they submit in their petitions later, the amendment wouldn't go before voters until November 2024. No matter what, though, it would only take a simple majority to pass the proposal at the ballot box.

Congressional elections could experience some major changes coast to coast if the Supreme Court were to chart a new course, but it wouldn't immediately impact any of the three members of the Peace Garden State's all-GOP delegation. Sens. John Hoeven and Kevin Cramer are 66 and 62, respectively, while Rep. Kelly Armstrong is 46. Of course, many members of Congress have served (or currently serve) into their 80s and even beyond: Texas Rep. Ralph Hall was 91 when his career came to an end, while South Carolina Sen. Strom Thurmond remained in office until he was 100.

Senate

● MI-Sen: GOP Rep. Lisa McClain told The Detroit News Wednesday that she's decided not to seek Michigan's open Senate seat.

● NV-Sen: An unnamed source tells NBC that Jeffrey Ross Gunter, who had a turbulent tenure as Trump's ambassador to Iceland from 2019 to 2021, plans to launch a bid against Democratic Sen. Jackie Rosen sometime early next month. Gunter would join a GOP primary that includes Army veteran Sam Brown, whose kickoff this month came as welcome news to the NRSC, and Jim Marchant, the Big Lie spreader who narrowly lost last year's race for Nevada secretary of state.

Governors

● IN-Gov: Howey Politics wrote Thursday that it anticipates outgoing state Commerce Secretary Brad Chambers will join the GOP primary "[s]ometime between now and Labor Day."

● NC-Gov: Though term-limited Gov. Roy Cooper had previously declined to endorse Josh Stein to succeed him next year, he told a recent gathering of the Democratic Governors Association that one of his priorities is "getting North Carolina's Attorney General Josh Stein elected," in the words of Punchbowl News. Stein remains the only notable Democrat in the race for governor, but last month, Supreme Court Justice Mike Morgan, who is retiring from his current post, said that he's considering a bid. Cooper's comments might therefore be a subtle message that he'd prefer to see Stein avoid any competition in the primary, or that he'd be willing to help him secure the nomination if he does get company.

House

● CA-22: Democratic state Sen. Melissa Hurtado on Wednesday filed FEC paperwork for a potential campaign against GOP Rep. David Valadao. Hurtado would join a top-two primary that includes 2022 nominee Rudy Salas, who lost a tight and expensive race last time: Politico notes that Salas enjoys the support of the number-three Democrat in the House, 33rd District Rep. Pete Aguilar, for his second try.

● CO-03: Grand Junction Mayor Anna Stout announced Wednesday that she'll seek the Democratic nod to take on far-right Lauren Boebert, a move that comes months after 2022 nominee Adam Frisch launched his second bid after coming shockingly close to victory. Stout was elected in 2019 to the city council for this 68,000-person community where Trump won roughly 56-41 in 2020, and her colleagues chose her to serve a second one-year term as mayor in April. Colorado Public Radio also adds that she has "developed a reputation as a moderate lawmaker."

Stout will be in for an expensive fight against Frisch, who hauled in a massive $2.6 million during the second quarter of the year and finished June with $2.5 million in the bank. Boebert, who fended Frisch off by all of 546 votes last year, took in $810,000 during this time and had $1.4 million on-hand. Donald Trump carried this western Colorado district 53-45, but Democrats are hoping Boebert's tough race last year means she'll be in for another serious fight in 2024.

● NH-01: Former Executive Councilor Russell Prescott on Thursday became the first notable Republican to launch a campaign against Democratic Rep. Chris Pappas, an announcement that came less than a year after Prescott badly lost the 2022 primary for this eastern New Hampshire constituency. He's likely to once again face intra-party opposition, though, in a longtime swing seat that favored Joe Biden 52-46.

Prescott is a longtime Granite State politician who won reelection to the state Senate in the 2002 general election by fending off none other than now-Sen. Maggie Hassan; Hassan unseated him in their 2004 rematch, but Prescott reclaimed his seat by riding the 2010 red wave to victory in their third and final bout. (Hassan herself bounced back in 2012 by winning the governorship.) Prescott made the jump to the powerful Executive Council in 2016 and narrowly won re-election two years later before retiring in 2020.

Prescott tried to return to elected office last cycle when he kicked off his campaign to take on Pappas, who had served with him on the Executive Council during his first term, just three-and-a-half months before the primary, but things did not go well. The candidate, whose $350,000 loan accounted for most of his budget, struggled to gain traction in a 10-way contest dominated by 2020 nominee Matt Mowers and election denier Karoline Leavitt: Leavitt beat out Mowers 34-25, with former TV reporter Gail Huff Brown taking 17% and Prescott lagging in fourth place with just 10%. Republicans hoped that another red wave would wash up, but Pappas instead beat Leavitt by a convincing 54-46.

● NY-22: GOP Rep. Brandon Williams' office said Wednesday that the congressman was back in the hospital due to a "complication" following the heart bypass surgery he received two weeks ago. Williams' team added that he would be absent from the House "for the remainder of the week."

● RI-01: The State Board of Elections put out a statement Wednesday saying it would not review any signatures from Lt. Gov. Sabina Matos' campaign, declaring, "Local boards did their job, verifying signatures, rejecting signatures, identifying a subset of rejected signatures as potentially fraudulent, and referring these to state and local law enforcement for criminal investigation." The state attorney general's office is investigating allegations that Matos' team submitted fraudulent petitions, but the Board of Elections argues she still turned in more than enough valid signatures to appear on the crowded Sept. 6 special Democratic primary ballot.

Meanwhile, former state Rep. Aaron Regunberg has begun what his team tells WPRI's Ted Nesi is a $300,000 TV buy through Election Day, which is the most that anyone has committed to spending on the airwaves. Regunberg's two inaugural spots (here and here) tout him as an effective progressive who "took on the old guard" and touts his support for Medicare for All and a Green New Deal. The latter ad also informs viewers that Vermont Sen. Bernie Sanders is backing Regunberg, an endorsement that became public the same day the spots debuted.

Nesi relays that Matos and former Biden administration official Gabe Amo, who each began their own opening buys, have spent or booked $280,000 and $215,000, respectively. Nesi adds that a fourth candidate, clean energy investor Don Carlson has increased his broadcast TV budget to $240,000 and will start advertising on Tuesday rather than in mid-August as he originally planned. Navy veteran Walter Berbrick has yet to launch any spots, though he did secure an endorsement from VoteVets this week.

Secretaries of State

● OR-SoS: State Treasurer Tobias Read, who lost last year's Democratic primary for governor to Tina Kotek 56-32, this week became the first notable candidate to launch a bid for secretary of state. The post is held by LaVonne Griffin-Valade, whom Kotek appointed in late June after Democratic incumbent Shemia Fagan resigned in May following her admission that she'd been doing paid consulting work for a cannabis company at a time when her office was finishing an audit into how the state regulates such businesses. The Oregon Capitol Chronicle writes that Griffin-Valade "has said she doesn't plan to run for a full term," though there's no quote from her.

Because Oregon is one of a few states that lack a lieutenant governor’s office, the secretary of state is normally first in line to succeed the governor if the latter office becomes vacant. However, because that provision only applies to elected secretaries, Read took over the top spot in the line of succession once Fagan resigned, and if he’s elected secretary of state next year, he would remain first in line despite switching offices.

Ballot Measures

● ME Ballot: Democratic Gov. Janet Mills unexpectedly announced Wednesday that a referendum to replace Maine's current state flag with one that was in use from 1901 to 1909 will take place in November 2024 rather than this fall. Mills was able to delay the referendum by not signing or vetoing the bill authorizing the vote, a move that ensured it would only take effect when the legislature reconvenes in January. "Rather than sign the bill and rush the question to ballot in little more than three months, she will … allow time for robust public debate and discussion on all sides of the issue," her team explained.

Maine's existing flag features, in the words of the Associated Press, "the state's coat of arms, which includes a pine tree, a moose, a seafarer and a lumberjack, against a blue background." The 1901 design, by contrast, shows just a green pine tree and blue star across a yellow backdrop, which proponents argue makes for a more distinctive image. Critics of the existing flag also argue that the design is far too cluttered.

However, as the Boston Globe recently explained, the fight over what flag to fly goes far beyond aesthetic preferences. "They want to take the farmer and the fisherman off the flag, to disappear them," a supporter of the status quo told the paper, continuing, "and to me that’s like what’s been done to the lobstermen and the fishermen in real life, over-regulating them and making it harder if not impossible to make a living."

Mayors and County Leaders

● Houston, TX Mayor: The University of Houston is out with the first poll anyone has released since Rep. Sheila Jackson Lee launched her campaign four months ago, and it finds that, while she's well-positioned to advance to a runoff with state Sen. John Whitmire, she'd be the underdog against her fellow Democrat in a second round.

The school first looks at the Nov. 7 nonpartisan primary to succeed termed-out Democratic Mayor Sylvester Turner and has Whitmire and Jackson Lee taking 34% and 32%, respectively, with former METRO board chair Gilbert Garcia a very distant third with just 3%. U of H, though, shows Whitmire defeating the congresswoman 51-33 in a runoff. (The date has not yet been scheduled.)

While both the frontrunners are longtime Democratic officeholders in this blue city, the school shows Whitmer, who has sided with the GOP on multiple votes against bail reform, winning over Republican voters by an astounding 88-2 as independents back him 60-18. Jackson Lee, who reliably votes with her party in D.C., carries Democrats 55-28, but U of H says that's far from enough.

● Nashville, TN Mayor: Former city economic development chief Matt Wiltshire and state Sen. Jeff Yarbro each earned a big-name endorsement Wednesday with about a week to go before the Aug. 4 nonpartisan primary to succeed retiring Mayor John Cooper. In Wiltshire's corner is Davidson County Sheriff Daron Hall, of whom the Nashville Banner writes, "If there is any vestige of a political machine left in the county, it belongs to Hall."

Yarbro, meanwhile, has the support of former Rep. Jim Cooper, who represented the entire city in Congress from 2003 until he left office early this year after Republican mapmakers passed an aggressive new gerrymander. Cooper is the brother of the current mayor, who has not yet taken sides. A GBAO Strategies survey taken July 17-19 for the Tennessee Laborers PAC, which doesn't appear to have taken sides in the crowded contest, also finds both Wiltshire and Yarbro locked in a tight race along with GOP strategist Alice Rolli for the second spot in the all-but-certain Sept. 14 runoff.

Council member Freddie O'Connell, who has emphasized his opposition to John Cooper's successful drive this year to fund a new stadium for the Tennessee Titans, is a clear first with 21%. Rolli, who is the only notable Republican in the running, holds a tiny 13-12 edge over Yarbro for second, with Wiltshire at 10%. State Sen. Heidi Campbell and Council member Sharon Hurt respectively take 8% and 6%, with 4% going to Davidson County Property Assessor Vivian Wilhoite.

We've seen just one other survey this month, a Music City Research survey taken July 5-6 that put O'Connell at 22% as Wiltshire led Rolli 17-13 for second. As we've noted before, that pollster is affiliated with a firm run by one of O'Connell's supporters, fellow Metro Council member Dave Rosenberg: Rosenberg told us earlier this month that this survey was paid for by a "private entity" that, as far as he was aware, was not backing or opposing anyone.

● Wichita, KS Mayor: Campaign finance reports are in ahead of Tuesday's nonpartisan primary for mayor, and former TV reporter Lily Wu outpaced Democratic incumbent Brandon Whipple and the other contenders in the period spanning Jan. 1 through July 20. The two candidates who earn the most votes next week will compete in the Nov. 7 general election.

Wu, who switched her party affiliation from Republican to Libertarian last year, hauled in $207,000 thanks in large part to what KMUW's Kylie Cameron says are big donations from "prominent Wichita business leaders," and she finished with $88,000 available for the home stretch. Wu also has the support of Americans for Prosperity, which is part of the Wichita-reared Koch family's conservative political network (Koch Industries remains headquartered here); however, since these reports don't cover outside spending, it's not clear what it's doing to aid her.

GOP City Council member Bryan Frye, meanwhile, outraised Celeste Racette, a Democrat turned independent who leads a group advocating for the historic performance venue Century II, $93,000 to $39,000, and he went into the final weeks with a $26,000 to $4,000 cash-on-hand advantage. Whipple, by contrast, brought in $35,000, while he had $28,000 in the bank.

Prosecutors and Sheriffs

● Cook County, IL State's Attorney: Eileen O'Neill Burke, who retired this month as a local appellate court justice, announced this week that she was joining next year's party primary to succeed her fellow Democrat, retiring incumbent Kim Foxx, as the top prosecutor for America's second-most populous county. Burke, who pitched herself as "a steady hand at the wheel," is the second candidate to launch after attorney Clayton Harris, who has the backing of Cook County Board President Toni Preckwinkle.

Trump lashes out at Mitt Romney for proposing plan to stop him from winning GOP nomination

Posted on (Updated by Charles Jay

Donald Trump went on yet another rant, this time against Sen. Mitt Romney on his Truth Social platform after the Utah senator wrote an op-ed piece for The Wall Street Journal on Monday, proposing a plan to stop Trump from winning the GOP presidential nomination. Analysts said the plan was unlikely to succeed.

Late Tuesday night, Trump lashed out at both Romney, a former Massachusetts governor, and Texas Sen. John Cornyn, who in May declared that the GOP should come up with another candidate because Trump was simply unelectable. Trump then asked his followers to weigh in and spent hours reposting derogatory comments, in particular about Romney, The Independent reported.

Trump wrote on Truth Social:

”Who is a worse Senator, John ‘The Stiff’ Cornyn of Texas, or Mitt ‘The Loser’ Romney of Massachusetts (Utah?)? They are both weak, ineffective, and very bad for the Republican Party, and our Nation. With even modestly skilled opposition, they’’ll lose their next-Election.  Who could even forget Mitt proudly marching, with full mask, down a once proud Washington, D.C. street with BLM and Rioters? Likewise there’s Cornyn, always quick to surrender to the Dems, giving them anything they want?” 

There’s something funny about Donald Trump calling Mitt Romney “The Loser”… pic.twitter.com/Nsg0E5JiKN

— Benjamin Rothove (@BenjaminRothove) July 26, 2023

In June 2020, Romney tweeted a picture showing him wearing a face mask as he marched in a protest in Washington, D.C., after the police killing of George Floyd.

Black Lives Matter. pic.twitter.com/JpXUFlxH2J

— Mitt Romney (@MittRomney) June 7, 2020

Romney, a Mormon, became a full-time Utah resident after he lost the 2012 presidential election to Barack Obama. He was elected to the Senate in 2018. He was the only Republican senator to vote twice to convict Trump in his Senate impeachment trials.  

The twice-impeached, twice-indicted (and counting) former president was enraged after Romney published an op-ed in The Wall Street Journal on Monday headlined: “Donors, Don’t Fund a Trump Plurality.”

Romney wrote:

“Despite Donald Trump’s apparent inevitability, a baker’s dozen Republicans are hoping to become the party’s 2024 nominee for president. That is possible for any of them if the field narrows to a two-person race before Mr. Trump has the nomination sewn up. For that to happen, Republican megadonors and influencers—large and small—are going to have to do something they didn’t do in 2016: get candidates they support to agree to withdraw if and when their paths to the nomination are effectively closed. That decision day should be no later than, say, Feb. 26, the Monday following the contests in Iowa, New Hampshire, Nevada and South Carolina.”

Romney noted that if candidates stay in the race for a long time, they will split the non-Trump vote and hand the nomination to Trump. That’s because unlike Democratic presidential primaries, a plurality is all that’s needed for GOP winner-take-all primaries. Romney concluded by writing:

“Our party and our country need a nominee with character, driven by something greater than revenge and ego, preferably from the next generation. Family, friends and campaign donors are the only people who can get a lost-cause candidate to exit the race. After Feb. 26, they should start doing just that.”

Well, good luck with that plan, Mitt. It’s simply too little, too late.

It didn’t take long for The Washington Post’s Philip Bump to write an analysis on Tuesday titled, “The fatal flaws in Mitt Romney’s plans to stop Trump.” Bump said there were three big problems with Romney’s latest plan to stop Trump. First, Bump said that Romney was wrong about how things worked in 2015-2016. Even though Trump was only getting about one-third of the support in pre-primary polls, it didn’t mean that two-thirds of Republicans opposed him. As the primaries proceeded and candidates dropped out, Trump kept picking up some of the support those candidates had enjoyed, until his nomination was secured.

Second, Bump pointed out that it’s unlikely that the Republicans could replay the scenario that occurred with the Democrats in 2020 when Sen. Bernie Sanders and other Democratic candidates dropped out of the race to back Biden after the South Carolina primary. Bump noted that “the Democratic nominating process is more equitable for candidates than the Republican one” and that “the GOP process disproportionately rewards whoever is leading in the polls.” He said that waiting to see which Republican emerges as the most viable non-Trump candidate means letting Trump build up an early lead in delegates.

The third problem with Romney’s proposal, according to Bump, is that Trump “is much better positioned now than he was in 2015 or 2016.” National polling averages show Trump has consistently been at or over 50% since the beginning of the year. And as Florida Gov. Ron DeSantis’ campaign has cratered, Trump is near 50% as the first choice of Republican voters in the early states of Iowa and Nebraska. Bump concluded:

These numbers can shift, but they already undermine Romney’s argument. The idea that there is a plurality of Republicans who oppose Trump might have been true in 2016, but there’s no evidence of that now. Consolidating around one candidate seems, at least at this point, like it would not have much effect on Trump’s march to the nomination.

Matthew Dowd, who served as President George W. Bush’s chief strategist in the 2004 presidential campaign, in an interview Tuesday on MSNBC pointed out another flaw in Romney’s proposal—his emphasis on the influence of megadonors.

"It (the GOP nominating process) is controlled by small donors, and Donald Trump has shown that his ability to raise money, $30, $40, $50 at a time, and he can outraise anybody else," said Dowd. “Mitt Romney wants to signal to megadonors what to do in this process. They really don't control the process. The students are in charge of campus today, and the deans have left town. And that's what Mitt Romney doesn't seem to understand about the Republican Party."

Dowd, who is now a Democrat, did have a suggestion as to what Romney could do if he wanted to make a real difference.

"If Mitt Romney really wanted to have an effect, Mitt Romney could stand up and say, me, and Sen. [Lisa] Murkowski (R-AK) and maybe one or two others, if Donald Trump is the nominee, we're going to become independents and caucus with the Democrats in the Senate in order to hold the MAGA side of the party accountable.

"That would send more shock waves through the system and maybe get people to actually do something about Donald Trump.”

YouTube Video

In another Truth Social post, Trump managed to put the shiv into the GOP presidential primary opponent who has been most outspoken in criticizing the former president. He accused former New Jersey Gov. Chris Christie of costing Romney the 2012 presidential race by embracing President Barack Obama on the Jersey Shore after Superstorm Sandy struck in October 2012. Trump wrote:

Christie was so star struck with Barack Hussein Obuma (sic), that Romney, who is a terrible politician and horrible representative of the Republican Party, never had a chance of winning the Presidency. Christie sold Romney out, making one of the worst Convention Speeches in History—Virtually not even mentioning Romney by name. Romney sat watching, in a trance—He couldn’t believe it!

Christie helped Trump prepare for the 2020 presidential debates with Joe Biden, only to become very ill with COVID-19 shortly afterward. Trump was carrying the virus during the Sept. 29 debate and was diagnosed with COVID-19 a few days later. Christie’s relationship with Trump further deteriorated after the Jan. 6, 2021 attack on the U.S. Capitol.

Trump has also blamed Christie for recommending the appointment of Christopher Wray to be the FBI director. Trump and his allies have castigated Wray and the FBI for their role in the investigation into his handling of classified documents, including the search of his Mar-a-Lago estate, that resulted in a multi-count indictment.

As for Romney, there are already signs that he is going to face a MAGA challenger should he decide to seek reelection to the Senate in 2024. In May, the mayor of Riverton, Utah, Trent Staggs, announced his candidacy for Romney’s seat, according to the AP.

“The only thing I’ve seen him fight for are the Establishment, ‘wokeness,’ open borders, impeaching President Trump and putting us even deeper into debt,” Staggs said in his announcement video that highlights Romney’s votes to impeach Trump, according to the AP.

The AP reported that other Republicans, including former U.S. Rep. Jason Chaffetz and state Attorney General Sean Reyes, were considering challenging Romney from the right. Romney retains widespread popularity in Utah because his family ranks among the most prominent members of the Church of Jesus Christ of Latter-day Saints, and many Mormons have had reservations about Trump’s moral character.

But let’s not forget that Romney sought and accepted Trump’s endorsement in 2012.

Reminder that Romney gladly accepted Trump's endorsement in February 2012, when Trump's political claim to fame was pushing racist conspiracy theories about Obama https://t.co/NKBbPCFkbC pic.twitter.com/brcVo0htjH

— Aaron Rupar (@atrupar) August 19, 2022

Now Romney is clearly on Trump’s enemies list.

And look at who else has joined Trump in criticizing Romney: U.S. Rep. George Santos, who called the Utah senator “the biggest clown we’ve seen in government.” Certainly takes one to know one.

George Santos on Mitt Romney: “He’s a clown. He’s the biggest clown we’ve seen in government.” Coming from a notorious fraudster and a pathological liar, that’s a real compliment for Senator Romney. pic.twitter.com/clJW2v2Qox

— Republicans against Trump (@RpsAgainstTrump) July 19, 2023

She helped Michigan adopt fair districts. Now she’s running for one of them

Posted on by Jeff Singer

Attorney Jessica Swartz on Wednesday became the first notable Democrat to announce a campaign to unseat Republican Rep. Bill Huizenga in Michigan's 4th District, a historically red constituency around Kalamazoo that Donald Trump would have taken by a small 51-47 margin in 2020. Swartz, though, said that Democratic Gov. Gretchen Whitmer carried it last year, and new numbers from Daily Kos Elections find the governor did indeed prevail by a tight 50-49 as she was pulling off a 54-44 statewide landslide.

The Democrat is a first-time candidate, though she's not quite a political novice. Swartz previously volunteered for Voters Not Politicians, a nonpartisan organization that successfully promoted a 2018 referendum to create Michigan's independent redistricting commission. That body ended up drawing a map for the 2022 elections that led Huizenga, who'd previously represented the reliably red 2nd District along the western Michigan coast, to run for the more competitive 4th even though he only represented about a quarter of the new seat.

For months it looked like there would be an incumbent vs. incumbent primary clash between the Trump-backed Huizenga and longtime Rep. Fred Upton, who'd voted to impeach the GOP's leader after the Jan. 6 attack, but Upton ended up retiring ahead of what would have been a challenging race. Swartz, in an interview with the Holland Sentinel, argued the district needed someone more like Upton, whom she praised for working across party lines and providing for his constituents, than the hard-right Huizenga.

Huizenga, who won his last race 54-42 against an underfunded Democrat, finished June with $630,000 in the bank, though it's possible he won't use it on this contest. The congressman has expressed interest a few times this year in running for Michigan's open Senate seat, with his most recent public comments coming from a May interview with the conservative site The Dispatch. Huizenga acknowledged the state presents a "tough environment" for his party, but while he said he was "hoping to have a decision probably this quarter," June 30 came and went without any word about his plans. 

Morning Digest: Three new GOP hopefuls for New Hampshire governor are bound by one unfortunate thing

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

● NH-Gov: Republican Gov. Chris Sununu confirmed Wednesday that he would not seek a fifth two-year term as New Hampshire's chief executive next year, a long-expected announcement that nonetheless instantly turns this race into one of the cycle's top battlegrounds.

Sununu, whose first victory in a tight 2016 race ended 12 years of Democratic control, went on to decisively win his next three campaigns. His departure gives Granite State Democrats their best chance in years to take back this post in a light blue state that hasn't backed a Republican for president since 2000.

Multiple Republican replacements, all of whom showed interest during Sununu's months-long deliberations, immediately started surfacing, but they all share one regrettable thing in common: each of them lost their last race for public office.

Former state Senate President Chuck Morse, who served as acting governor for two days in 2017, immediately confirmed he was in, but party leaders may not be excited to have him as their standard-bearer following his 2022 campaign for the U.S. Senate."Morse, who even a supporter characterized as someone who "is not flashy, and does not have charisma," struggled in the primary against retired Army Brig. Gen. Donald Bolduc, a Big Lie conspiracy theorist who'd called Sununu a "Chinese communist sympathizer" with a family business that "supports terrorism."

Sununu, unsurprisingly, sided with Morse in the race to take on Democratic Sen. Maggie Hassan, while Senate Minority Leader Mitch McConnell's allies also spent a hefty $4.6 million on an ad campaign to promote Morse and attack Bolduc as a surefire loser with "crazy ideas." Democrats, though, retaliated with an expensive ad campaign of their own tying Morse to lobbyists, a move aimed at weakening him for the general election if they couldn't keep him from the GOP nomination. But Democrats got exactly what they wanted in the primary: Bolduc edged out Morse 37-36 two months before losing to Hassan in a 54-44 rout.

Morse is once again likely to be in for a tough primary. Former Sen. Kelly Ayotte, who Hassan unseated in a 2016 squeaker even as Sununu was flipping the governor's office, put out a statement saying she "look[s] forward to announcing some big news in the coming days." State education commissioner Frank Edelblut, a self-funder who lost a close primary to Sununu seven years ago, also said Wednesday he'd reveal in the next few days if he'd run to succeed his boss.

A pair of prominent Democrats, meanwhile, had already announced campaigns even before Sununu confirmed he wouldn't be on the ballot. Cinde Warmington, who is the only Democrat on the state's unique five-member Executive Council, launched her bid in June while Manchester Mayor Joyce Craig joined her last week. No other notable Democrats have shown any obvious interest in running, though Rep. Chris Pappas didn't quite rule out his own campaign back in April.

The Downballot

● Latinos have played an increasingly crucial role in our elections, but Democrats' understanding of these voters has often lagged. This week's guest on "The Downballot" is Carlos Odio, the co-founder of EquisLabs, an organization devoted to rectifying this problem. Odio helps us move away from viewing Latino voters as a monolith and offers a helpful framework for getting to know different subsets of this diverse group. He discusses key findings of Equis' 2022 post-mortem, including why Florida went so wrong and how Democrats can make a course correction. He also explains how Latino voter identity can wind up getting dialed up or down depending on the broader election environment.

Host David Nir and guest host Joe Sudbay, meanwhile, dive into Chris Sununu's retirement announcement and why it instantly makes New Hampshire's race for governor a top Democratic target; the Republican shenanigans in Alabama, where lawmakers seem dead-set on ignoring a court order to draw two majority-Black congressional districts or something close to it; why Democrats will take a new effort to recall several Michigan state representative seriously even if the state GOP is a clown-show; and yet another special election in Wisconsin where Republicans badly underperformed the top of the ticket.

Subscribe to "The Downballot" on Apple Podcasts to make sure you never miss a show—new episodes every Thursday! You'll find a transcript of this week's episode right here by noon Eastern time.

Redistricting

● AL Redistricting: Each chamber in Alabama's Republican-run legislature passed a new congressional map on Wednesday, but neither complies with a court directive to include "two districts in which Black voters either comprise a voting-age majority or something quite close to it." Both plans retain a Black majority in the state's 7th District, but the new 2nd District falls well below that mark in each case: In the House version, just 42% of voters are Black, while in the Senate's, only 38% are. Lawmakers face a Friday deadline to enact a new map. If they fail to do so, or if their final product does not comply with the Voting Rights Act, a federal court will likely impose its own map.

Senate

● OH-Sen: Leadership for Ohio Fund, a super PAC that supports Secretary of State Frank LaRose, has released a late June GOP primary survey from Causeway Solutions that shows him leading state Sen. Matt Dolan 28-10, with businessman Bernie Moreno at 5%. This poll, which was taken weeks before LaRose announced his bid against Democratic incumbent Sherrod Brown, isn't too different from the 24-11 advantage that Causeway showed in May.

Dolan, for his part, is continuing to air TV ads far ahead of the primary, and the self-funder's latest message features two sheriffs praising him as "tough on illegal immigration."

Governors

● IN-Gov: Campaign finance reports are in for the first six months of 2023, though as the Indiana Capitol Chronicle notes, candidates were forbidden from raising money during most of these first four months because the legislature was in session.

  • Sen. Mike Braun (R): $2.2 million raised, $4.6 million cash on hand
  • former state cabinet official Eric Doden (R): $1.8 million raised, $3.8 million cash on hand
  • Lt. Gov. Suzanne Crouch (R): $1.1 million raised, $3.9 million cash on hand
  • former state education superintendent Jennifer McCormick (D): $200,000 raised, $200,000 cash on hand

The Chronicle notes that about a third of Doden's haul came from his father.

Another Republican, former Attorney General Curtis Hill, launched his bid this month after the fundraising period ended. Hill, who lost renomination in 2020 after multiple women accused him of sexual assault, began with $20,000 left over from his prior campaigns.

House

● DE-AL, DE-Sen, DE-Gov: State Treasurer Colleen Davis announced Wednesday that she'd campaign for the statewide House seat that her fellow Democrat, Rep. Lisa Blunt Rochester, is giving up to run for the Senate. Davis, who had also previously expressed interest in running for the Senate or governor, will face an expensive primary against state Sen. Sarah McBride, who would be the first openly trans person to ever serve in Congress: McBride launched her campaign June 26 and quickly raised $410,000 during the final five days of the quarter.  

Davis, writes the Delaware Online' Meredith Newman, was "largely unknown in Delaware" before she entered the 2018 race to unseat Treasurer Ken Simpler, who was the last Republican in statewide office. But Davis, who had no intra-party opposition, rode the blue wave to a 52-46 victory, a win Newman says made her the rare statewide Democrat to hail from conservative Sussex County. The treasurer went on to win her second term 54-46 last year.

● MD-06: Former Frederick County Executive Jan Gardner tells the Frederick Post she's considering seeking the Democratic nod for this open seat, and the paper characterizes her timeframe as "fairly soon." Inside Elections' Jacob Rubashkin noted in mid-May that Gardner is a proven vote-getter in a community that's home to about 35% of the 6th District's denizens, which could make her a formidable contender in a race where most of the other candidates are likely to hail from Montgomery County.

● MI-04: Attorney Jessica Swartz on Wednesday became the first notable Democrat to announce a campaign to unseat Republican Rep. Bill Huizenga in Michigan's 4th District, a historically red constituency around Kalamazoo that Donald Trump would have taken by a small 51-47 margin in 2020. Swartz, though, said that Democratic Gov. Gretchen Whitmer carried it last year, and new numbers from Daily Kos Elections find the governor did indeed prevail by a tight 50-49 as she was pulling off a 54-44 statewide landslide.

The Democrat is a first-time candidate, though she's not quite a political novice. Swartz previously volunteered for Voters Not Politicians, a nonpartisan organization that successfully promoted a 2018 referendum to create Michigan's independent redistricting commission. That body ended up drawing a map for the 2022 elections that led Huizenga, who'd previously represented the reliably red 2nd District along the western Michigan coast, to run for the more competitive 4th even though he only represented about a quarter of the new seat.

For months it looked like there would be an incumbent vs. incumbent primary clash between the Trump-backed Huizenga and longtime Rep. Fred Upton, who'd voted to impeach the GOP's leader after the Jan. 6 attack, but Upton ended up retiring ahead of what would have been a challenging race. Swartz, in an interview with the Holland Sentinel, argued the district needed someone more like Upton, whom she praised for working across party lines and providing for his constituents, than the hard-right Huizenga.

Huizenga, who won his last race 54-42 against an underfunded Democrat, finished June with $630,000 in the bank, though it's possible he won't use it on this contest. The congressman has expressed interest a few times this year in running for Michigan's open Senate seat, with his most recent public comments coming from a May interview with the conservative site The Dispatch. Huizenga acknowledged the state presents a "tough environment" for his party, but while he said he was "hoping to have a decision probably this quarter," June 30 came and went without any word about his plans.

● NY-17: Former Rep. Mondaire Jones has released an internal from Public Policy Polling giving him a wide 43-8 edge over local school board trustee Liz Gereghty in the Democratic primary to face freshman GOP incumbent Mike Lawler. This survey, which was conducted about a week after Jones launched his comeback campaign, is the first we've seen of this nomination contest. The poll did not test former Bedford Town Supervisor MaryAnn Carr, who did not report raising any money through June 30.

● RI-01: State Sen. Sandra Cano has earned the backing of the state affiliate of the National Education Association ahead of the crowded Sept. 5 special Democratic primary.

Legislatures

● PA State House: Democratic state Rep. Sara Innamorato, who won the May primary for Allegheny County executive, announced Wednesday that she'd resigned to focus on the November general election, and the chamber will be tied 101-101 until the already-scheduled Sept. 19 special election takes place. Innamorato's absence may not matter much, though, because state representatives aren't scheduled to return until Sept. 26. Her seat in the Pittsburgh area supported Joe Biden 61-38 in 2020.

If the lower house does reconvene early, however, Democrats, who won 102 of the 203 seats in November and defended their edge in a series of special elections this year, will still remain the majority party in the deadlocked body thanks to a rule they adopted in March. The majority is now defined as the party that "won the greater number of elections for the 203 seats in the House of Representatives" in the most recent general election, and should a vacancy open up, "the political party that won that seat at the last election shall remain the party that won that seat until any subsequent special election is held to fill that seat." Control would still shift, though, if the other side flipped enough seats before the next general election.

It's unlikely that will happen in the race to replace Innamorato, but Democrats will have a more competitive seat to defend later. State Rep. John Galloway won both the Democratic and Republican nominations for a judgeship in Bucks County, and once he resigns to take his new job, there will be a special for his 55-44 Biden constituency in the Philadelphia suburbs. Galloway told Spotlight PA Wednesday that he wouldn't be leaving his current office until he's officially elected in November.

● WI State Assembly: Republicans won a special election for a dark-red seat in the Wisconsin legislature Tuesday night, but once again, their candidate badly underperformed compared to other recent elections in the same district.

Republican Paul Melotik beat Democrat Bob Tatterson 54-46 in the 24th Assembly District, which became vacant after Republican Dan Knodl won a closely contested special for the state Senate earlier this year. The 24th is traditionally conservative turf in the northern Milwaukee suburbs: It voted for Donald Trump by a 57-41 margin in 2020 and backed Knodl for reelection 61-39 last year. But judged against Trump's share of the vote, Melotik ran 9 points behind, accounting for rounding. Knodl (whose new Senate district includes all of his old Assembly district) had likewise trailed the top of the ticket in his own special election by 3 points, prevailing by a narrow 51-49 spread.

Overall, Democratic candidates in special elections this year have outperformed the 2020 presidential numbers in their districts by an average of 7 points. Research by Daily Kos Elections contributing editor Daniel Donner has shown that these elections often correlate closely with the results of the ensuing general elections for the U.S. House.

Democrat launches rematch for one of the bluest GOP-held seats in the nation

Posted on by Jeff Singer

Former Democratic Assemblyman Rudy Salas on Tuesday launched his long-awaited rematch against Republican Rep. David Valadao, who beat him last year 52-48 after an intensely expensive battle for California's 22nd District. Joe Biden carried this district, which is based in the southern Central Valley and eastern Bakersfield area, by a 55-42 margin in 2020, which makes it one of the bluest seats the GOP holds nationally; only New York's Long Island-based 4th would have favored Biden by a larger margin.

Valadao, though, has a long history of running well ahead of the top of his party's ticket, and both parties are prepared for another pricey battle. The congressman himself raised $710,000 during the second quarter of the year, and he finished June with $980,000 in the bank.

The incumbent proved he wasn't quite invincible in 2018 when Democrat TJ Cox narrowly denied him a fourth term in what was one of the biggest shocks of that year's blue wave, but Valadao won their second bout the following cycle by a tight 50.4-49.6 margin as Biden was carrying the old version of the seat, then numbered the 21st District, 54-44.

A third successive major battle ensued the following cycle, though Democrats had hopes of avoiding Valadao altogether. Just days after being sworn in for his new stint in the 117th Congress, Valadao became one of the 10 Republicans to vote to impeach Donald Trump for his role in the Jan. 6 attack, a decision Democrats thought might again cost him his seat—this time, in the top-two primary.

It almost did. The House Majority PAC, a top Democratic super PAC, aired commercials ahead of the primary aimed at boosting Valadao's far-right intra-party foe, former Fresno City Councilman Chris Mathys, by ostensibly attacking him as "100% pro-Trump and proud." The congressman's allies at the Congressional Leadership Fund, though, deployed even more money on their own ad campaign to sink Mathys, an investment that helped Valadao fend off the upstart 26-23 for the second spot in the general election. (Salas, the only Democrat on the ballot, easily took first with 45% of the vote.)

Despite the fact that Valadao had survived his brush with Mathys, Democrats still believed that Salas, who had established a moderate image in the legislature, would still put up a strong fight, especially since the state's independent Redistricting Commission had made the district a bit bluer. Republicans, though, did all they could to puncture Salas' centrist profile by trying to link him to a 2017 bill that increased the state's gas tax to fund road repairs even though he'd voted against that legislation.

Both parties were also aware that, since Democrats historically struggle to turn out their Central Valley base in non-presidential years, the electorate would be considerably more conservative than the one that delivered Biden his 13-point win. Altogether HMP, CLF, and their respective allies at the DCCC and NRCC collectively spent $22 million—more than they put into any other single House race in America last year.

Valadao ended up prevailing by a 3-point margin in a race that took weeks to call, though he actually ran slightly behind Republican Brian Dahle's 4-point win over Democratic Gov. Gavin Newsom here. Valadao's victory made him, along with Washington Rep. Dan Newhouse, one of only two Republicans who'd favored impeachment to return for another term. Salas, however, quickly filed paperwork for a second go-round, and Inside Elections wrote in June that Democratic operatives were convinced he'd face little intra-party opposition.

The former assemblyman kicked off that new effort on Tuesday with a video portraying Valadao as a puppet for Speaker Kevin McCarthy, the "Trump lackey [and] insurrection apologist" who represents the neighboring 20th District. Salas himself also noted he'd be "the first ever-Central Valley Latino" to serve in the House. (Valadao is one of several people of Portuguese descent who has represented this heavily Latino area.) The NRCC, meanwhile, quickly made it clear it would reprise the same tax attacks it used against Salas last time.

Democrat Adam Frisch raises $2.6 million in 2nd quarter for 2024 rematch against Lauren Boebert

Posted on by Charles Jay

Democratic challenger Adam Frisch has raised more than $2.6 million in the second quarter for his rematch against MAGA Republican extremist Rep. Lauren Boebert in Colorado’s 3rd Congressional District. Frisch almost pulled off one of the biggest upsets in the 2022 midterms when he lost to Boebert by a mere 546 votes in what surprisingly turned out to be the closest House race in the country. 

Frisch’s campaign, in a statement released Thursday, described the second-quarter fund-raising haul of more than $2.6 million as “shattering the record for the largest quarterly fundraising for a U.S. House challenger in the year before an election, excluding special elections and self-funded campaigns.”

The campaign said the average donation was just over $32 coming from over 81,000 individual donations from all 27 counties in the district and all 50 states. He is not accepting donations from corporate PACs.

RELATED STORY: After voting against infrastructure, Lauren Boebert dimly wonders why we don't spend more on it

In the statement, Frisch, a businessman and former Aspen city council member, thanked everyone who had donated to his campaign “to give the people of Southern and Western Colorado a representative who will take the job seriously and work across the aisle to find solutions to the problems facing the district.”

“Boebert continues to vote against the interests of her constituents while devoting her time to ‘angertainment’ antics that do nothing to help CO-3," Frisch said. "We can do better than Boebert, and thanks to our generous supporters, we will defeat her in 2024.”

Honored and humbled. Thank you to everyone of you who has donated, RT'ed, messaged, and joined this growing coalition. We are just getting started! pic.twitter.com/HxdsZVQ6c6

— Adam Frisch for CD-3 (@AdamForColorado) July 6, 2023

So far this year, Frisch has raised $4.4 million which is nearly two-thirds of the $6.7 million he raised for the 2022 campaign, much of which came in during the final weeks of the campaign after polls showed the race to be competitive.

In the first quarter of 2023, Frisch’s campaign brought in nearly $1.75 million compared to just over $763,000 for Boebert. Boebert has not yet reported her second-quarter fund-raising totals.  She raised $7.85 million for the 2022 campaign.

Frisch filed his paperwork for a 2024 rematch with Boebert on Feb. 14.

“People want the circus to stop. They want someone to focus on the district, not on themselves,” Frisch said. He added that the issues in CD3, such as water, mental health, agriculture, and the importance of domestic energy, are not “red and blue."https://t.co/5ghBlqTIwu

— Adam Frisch for CD-3 (@AdamForColorado) February 16, 2023

Boebert is considered the most vulnerable of the big-name MAGA Republican extremists in the House, most of whom represent deep-red congressional districts. Colorado’s 3rd Congressional District is rated as +9 GOP.

By contrast, Rep. Marjorie Taylor Greene won reelection by a 66% to 34% margin over Democrat Marcus Flowers in Georgia’s 14th Congressional District even though part of Democratic-leaning Cobb County was added to her district as a result of gerrymandering to give Republicans a bigger advantage in neighboring districts. Flowers raised more than $15.6 million in a totally noncompetitive race.

In 2022, both national parties mostly ignored Colorado's Republican-leaning 3rd Congressional District, which was considered solidly Republican by nearly all election forecasters.

In April, the Democratic Congressional Campaign Committee listed Boebert as among the Republican incumbents it considers most vulnerable. House Republicans have also put Boebert on their list of most vulnerable incumbents.

At the time, DCCC spokesperson Tommy Garcia told the website Colorado Politics in an email:

“Lauren Boebert is more obsessed with catching headlines and being the token MAGA extremist than actually working for everyday Coloradans. Between her dangerous conspiracies and outright racist bigotry, CO-03 voters can see that Lauren Boebert is an unserious member of Congress, unwilling to go to bat for them on issues facing Colorado. Her time in Congress is ticking down.”

A poll released in April by a Democratic firm showed that Boebert and Frisch were in a dead heat in the 3rd Congressional District, Colorado Politics reported.

The Global Strategy Group's Mountaineer poll, conducted March 29-April 2 in partnership with liberal advocacy group ProgressNow Colorado, found Boebert and Frisch tied at 45% each among likely voters, with the remaining 10% split between voters who are undecided and those who say they plan to vote for someone else. Cook Political has shifted the district to Leans Republican from Safe Republican.

Despite her razor-thin victory margin, Boebert has done little to tone down her extremism in the new Congress. Boebert was among about 20 extreme right-wing House Republicans who opposed Kevin McCarthy’s speakership bid until the very end. She also pushed for the House to vote on a resolution to impeach President Joe Biden—a move that McCarthy dismissed as “premature.”

Frisch still has his work cut out for him. This time he doesn’t have the advantage of surprise, and turnout will be greater in a presidential election year. As a national figure, Boebert can raise lots of funds from MAGA Republicans across the country.

The last Democrat to represent Colorado’s largely rural 3rd Congressional District was three-term Rep. John Salazar, who lost his bid for reelection in 2010.

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