NY Assembly Takes First Step Toward Impeachment Of Cuomo, Police Report Filed Over Groping Allegations

The New York State Assembly has taken its first step in pursuing the possible impeachment of Governor Andrew Cuomo, as calls continue to mount for his resignation.

Assembly Speaker Carl Heastie on Thursday gave the chamber a green light to open a probe which would include full subpoena power.

Democratic Assemblyman Ron Kim confirmed the move to Fox News.

“The Democratic Conference is taking the first step toward impeachment by opening an investigation with full subpoena power to obtain facts and testimonies under oath,” he said in a statement.

Kim, who has accused Cuomo of trying to help cover-up his ongoing nursing home scandal, vowing to destroy his career if he didn’t go along, said he felt the impeachment process could have begun immediately.

“Some members, including myself, argued that we had enough admission to proceed with impeachment today but the conference is leaning toward setting up the process and structure toward impeachment,” he said.

RELATED: Bill de Blasio Calls On Cuomo To Resign After Sixth Woman Comes Forward With Groping Allegations

Assembly Sets Forth on Path to Cuomo Impeachment

The Assembly’s actions in moving to possibly impeach Cuomo come as a sixth woman has come forward with sexual misconduct allegations.

The latest claim involves a female aide whose description of events – through a source with direct knowledge – could land in the category of assault. 

The Albany Times Union reports that Cuomo “aggressively groped” the woman “in a sexually charged manner” after summoning her to the Executive Chamber.

The incident allegedly involved the Democrat “reach(ing) under her blouse” and fondling her.

“The reports of accusations concerning the governor are serious,” Heastie said in a statement adding, “the committee will have the authority to interview witnesses, subpoena documents and evaluate evidence, as is allowed by the New York State Constitution.”

Cuomo, aside from the impeachment probe, is currently being investigated on multiple fronts by Democrat New York Attorney General Letitia James.

One involves a cover-up in which the administration is accused of hiding data on deaths of the elderly in nursing homes which may have been the result of the governor’s March executive order forcing the facilities to take on COVID-positive patients.

The second is an independent investigation into the numerous sexual harassment claims.

The impeachment probe is not expected to interfere with James’ investigations.

RELATED: Cuomo Lawyers Up: Executive Chamber Hires Criminal Defense Attorney Who Represented Harvey Weinstein

Police Report Filed Over Groping Allegations

Albany police also revealed Thursday they received a report from the New York State Executive Chamber about an incident with potential criminal activity.

The incident, which aligns with the new accuser’s groping allegations, involved a female aide and took place at Cuomo’s executive mansion.

The New York Times reports that the police department has not opened an official investigation, but is offering its services to the alleged victim.

The latest allegations have not only started the ball rolling on Governor Cuomo’s impeachment, but it has also prompted dozens of Democrat lawmakers to call on his resignation.

New York City Mayor Bill de Blasio responded to the groping allegations as “troubling” and “disgusting,” saying it’s time for Cuomo to resign.

“It is disgusting to me. And he can no longer serve as governor. It’s as simple as that,” he said.

Earlier this week, the New York governor practically dared lawmakers to impeach him.

“Cuomo told [Senate Majority Leader Andrea] Stewart-Cousins he wouldn’t quit and they would have to impeach him if they wanted him out of office,” the Associated Press reported.

 

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Fox News’ Chris Wallace Shuts Down Juan Williams After Comparing Cuomo To Trump

On Sunday, Fox News host Chris Wallace laughingly shut down contributor Juan Williams, who tried to compare sexual harassment allegations against New York Governor Andrew Cuomo to those of Donald Trump. 

Williams made his comments to Wallace during a discussion of the multiple accusations against Democratic New York Gov. Andrew Cuomo.

Watch the segment below.

RELATED: Gaetz Questions If ‘Transition To Harris Has Already Begun’ – ‘Joe Biden’s Had More Nap Time Than He’s Had Questions From Reporters’

Wallace Asks Sunday Panel If Cuomo Can Survive

Wallace began by asking the panel if Cuomo had any path forward, considering not only the charges that he fudged the numbers of nursing homes deaths related to the COVID pandemic to make his administration look better, but also the multiple charges of sexual harassment.

Members of bother parties have called for Gov. Cuomo’s resignation or impeachment.

Wallace opened up:

“They say liberals were far too slow to recognize that Cuomo made a serious mistake when he issued this directive that seniors who were in nursing — or were in hospitals should be sent back to nursing homes and then there’s the whole question of cooking the books and they also note the fact that, it wasn’t so long ago that liberals were saying, you know, if a woman accuser comes forward — they certainly said this about Brett Kavanaugh — she must be believed.”

“Now they’re a little slower to say that, they be a lot slower, when it comes to Andrew Cuomo,” Wallace added.

“Maybe a lot slower.”

Fox News’ Juan Williams acknowledged that Cuomo’s nursing home policy had caused a larger number of deaths, but wondered if the governor had actually done anything illegal.

“I think that’s just bad decision-making,” Williams said. “I don’t know that there’s anything illegal and clearly people died and there’s a terrible price for all families who lost a loved one to pay, but it was a decision.”

“I’m still curious to what exactly anyone could say that was done illegally,” Williams added.

Williams then argued that there was a stronger case against Cuomo regarding the accusations of sexual harassment against him. 

“You’re seeing a lot of Democrats who I think are resistant to the idea of a fourth term for Governor Cuomo and who see him as a bully and who has run them over,” Williams said.

RELATED: Carville Outrageously Claims Republicans Think God Wants ‘Wealthy White People To Be First In Line To Get The Vaccine’

Williams Compares Cuomo To Trump

Williams added, “I also would say I don’t see any independent investigation of Donald Trump and he faced far more serious charges of sexual assault, you know, even more than that, and I don’t see those kinds of calls coming from Republicans.”

Wallace responded to Williams, while chuckling, “Well, yes, but on the other hand, I don’t know we could say that Donald Trump went uninvestigated over the course over his four years in the presidency between the special counsel and two impeachments.”

While Trump never had an independent legal investigation, it’s also fair to say he was investigated plenty by the media. 

A Google search on the topic brings nearly 35 million results – with some news outlets, like Business Insider and USA Today, returning results from just weeks before the 2020 election.

The Independent even tackled the subject after Election Day.

Watch the segment here:

 

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Walls Closing In? Cuomo Administration Under Investigation Nursing Home Cover-Up

New York Governor Andrew Cuomo is under investigation by the FBI and a United States attorney in Brooklyn for his administration’s possible cover-up of a COVID-related nursing home scandal.

The Times Union in Albany is reporting that an investigation has been launched “examining, at least in part, the actions of Gov. Andrew M. Cuomo’s coronavirus task force in its handling of nursing homes and other long-term care facilities during the pandemic.”

The newspaper notes that there have been no allegations of wrongdoing and that the investigation “is in its early stages.”

Focus appears to be on Governor Cuomo’s coronavirus task force whose more prominent members include New York State Health Commissioner Howard Zucker and Secretary to the Governor Melissa DeRosa.

DeRosa has been the subject of much consternation after she admitted in a conference call that the administration hid information on COVID nursing home deaths from federal investigators.

RELATED: Cuomo Threatens Democrat State Legislators Over COVID Nursing Home Scandal

Cuomo Under Investigation For Nursing Home Scandal

The New York Times reported that attorney general Letitia James, a Democrat, accused Cuomo and his administration, particularly officials at the State Health Department, of undercounting COVID deaths at nursing homes by as much as 50%.

The New York Post followed that up with a revelation that DeRosa told leading Democrats in a conference call that they did so because the administration feared the data could “be used against us” by the Justice Department saying, “basically, we froze.”

“We were in a position where we weren’t sure if what we were going to give to the Department of Justice, or what we give to you guys, what we start saying, was going to be used against us while we weren’t sure if there was going to be an investigation,” DeRosa added.

State officials had originally given a figure of about 8,677, and media frequently reported around 6,000 because that was all that could be confirmed based on the scant data already released.

WWNY News reports that the number was actually well over 15,000 seniors who died in nursing homes.

Why the cover-up? Most likely because there was a direct link between those deaths and the actions of the Governor.

Cuomo famously issued an executive order in March forcing nursing homes to take on patients that had tested positive for coronavirus.

RELATED: NY Democrats Accuse Cuomo Of Lying As He Tries To Defend Handling Of Nursing Home Scandal

The Cover-up Continues

Multiple New York state Democrats – that’s Democrats – have accused the administration of criminal conduct in the nursing home scandal cover-up.

Fox News reports that nine Democratic New York State Assembly members signed a letter accusing Cuomo of obstruction of justice.

“We implore you to set aside any concerns of loyalty or disloyalty to this Governor, or that this matter is politicized,” the letter from earlier this week reads.

“We must absolutely consider above all the sanctity of the democratic institution that we call the Legislature of the State of New York, and resolutely pursue justice in the face of an executive who we can say without hesitation has engaged in intentional criminal wrongdoing.”

The obstruction continues though, unabated.

Rich Azzopardi, a spokesman for the governor, told the Times Union, “We have been cooperating with them (the DOJ) and we will continue to.”

The Associated Press, however, reports that officials with knowledge of the DOJ investigation “said the Cuomo administration had not been cooperative with prosecutors … and for months had not produced documents and other data the Justice Department had requested.”

And when obstruction doesn’t seem to be working, Team Cuomo shifts to intimidation.

The governor has been accused of threatening political retaliation against several New York state lawmakers who have criticized him for his handling of the nursing home scandal.

State Assemblyman Ron Kim claims that Cuomo called him and tried to talk Kim into issuing a statement covering for DeRosa. And when that didn’t work, he vowed to ruin Kim’s career.

Kim reported that the Democrat governor stated “we’re in this business together and we don’t cross certain lines,” adding that he “hadn’t seen his wrath” and that “I can destroy you.”

Fox News meteorologist Janice Dean, one of the few voices to continually hound Governor Cuomo over the nursing home scandal for months on end, said “people should go to jail” over the cover-up.

Dean used Cuomo’s own words about former President Donald Trump and turned them around on the Democrat.

Dean’s in-laws were victims of COVID-19, where nursing homes in New York played a part.

She has, at times, described Cuomo as a “criminal.”

While an investigation by the FBI and a U.S. attorney, along with fellow Democrats piling on seems to indicate the walls are closing in on Cuomo, we wouldn’t hold our breath just yet.

This is the same FBI whose highest-ranking officials tried to destroy the country by subverting the will of the people when they dared elect Trump to office in 2016.

The same FBI that failed to prosecute Hillary Clinton for a crime many people have been thrown in jail for.

Will their ongoing left-leaning agenda interfere in another investigation?

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Andrew Cuomo Aide: To Avoid Federal Investigation, New York Hid COVID-19 Nursing Home Deaths

A top aide to New York Gov. Andrew Cuomo said her team withheld the number nursing home COVID-19 deaths to protect Cuomo government from federal investigation and criticism.

On Thursday, the New York Post reported that New York’s secretary to the governor, Melissa DeRosa, apologized to Democrat state leaders for “political” damage caused by the Cuomo administration’s suppression of information.

RELATED: Lindsey Graham Predicts ‘Not Guilty’ Impeachment Votes Are Growing After ‘Absurd’ Arguments From Democrats

DeRosa: Cuomo’s Government Suppressed Statistics

DeRosa said Cuomo’s team were worried about a federal investigation after former President Donald Trump pointed to the high number of coronavirus-related deaths in New York nursing homes.

This was detailed in a recorded call with state Democrat lawmakers.

According top DeRosa, this concern caused Cuomo’s team to suppress the statistics against requests for such information.

Team Cuomo put protecting the governor above transparency.

This was the conclusion drawn by Democratic Assemblyman Ron Kim, who took part in the conference call.

‘They admitted that they were trying to dodge having any incriminating evidence…’

“They had to first make sure that the state was protected against federal investigation.” Kim told the New York Post.

He said DeRosa’s comments sounded “like they admitted that they were trying to dodge having any incriminating evidence that might put the administration or the [Health Department] in further trouble with the Department of Justice.”

“That’s how I understand their reasoning of why they were unable to share, in real time, the data,” Kim said.

DeRosa apologized to state Democrats for how this all went down. 

“So we do apologize,” DeRose said. “I do understand the position that you were put in. I know that it is not fair. It was not our intention to put you in that political position with the Republicans.”

Republican Rep. Lee Zeldin had made an earlier call for an obstruction of justice investigation into Gov. Cuomo.

The Democrat-friendly mainstream media had praised Cuomo’s conduct as governor during the COVID-19 pandemic. 

RELATED: America’s Spy-Busters Put Secret-Stealing Chinese ‘Grad Students’ Under The Microscope

AP: New Info Could Be ‘A Potential Blow To (Cuomo’s) Image As A Pandemic Hero’

Gov. Cuomo even wrote a book, “American Crisis: Leadership Lessons from the COVID-19 Pandemic.”  

The total number to date of nursing home deaths related to coronavirus is 15,049, according to New York’s latest information.

The Associated Press wondered whether the Cuomo’s administration’s underreporting of nursing home deaths dealt “a potential blow to his image as a pandemic hero.”

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Morning Digest: Another suburban surge saw Biden flip key Michigan district that Romney won in 2012

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

Leading Off

Pres-by-CD: Our project to calculate the 2020 presidential results for all 435 congressional districts nationwide heads to Michigan, which returned to the Democratic column after another competitive race. You can find our complete data set here, which we're updating continuously as the precinct-level election returns we need for our calculations become available.

After supporting Donald Trump 47.6-47.4 four years ago, Michigan went for Joe Biden by a wider 51-48 margin, and he improved on Hillary Clinton's performance in 12 of 14 districts, with the only exceptions coming in the two bluest seats. Biden carried the same five districts that had supported Clinton plus Democratic Rep. Haley Stevens' 11th District in the northwestern Detroit suburbs. Trump, meanwhile, carried the other eight constituencies he'd taken in 2016. You can find a larger version of our map here.

Since it's the lone flip, we'll start with the 11th District, which shifted from 50-45 Trump to 52-47 Biden. This seat also went for Mitt Romney 52-47 back in 2012, which makes it the first Romney/Trump/Biden district we've found anywhere in the country. Major outside groups on both sides spent a serious amount of money late in the campaign in the race between Stevens and Republican Eric Esshaki, but Biden's victory helped Stevens prevail 50-48.

Campaign Action

While Democrats had no trouble holding the other five Biden seats, Rep. Dan Kildee's 5th District was once again competitive at the presidential level. This constituency, which is home to Flint, Saginaw, and Bay City, shrunk from 61-38 Obama to 49.8 to 45.5 Clinton, but while Democrats hoped that it would snap back in 2020, Biden won by an almost identical 4.3-point margin (51.4 to 47.1) this time. Congressional Republicans, though, were unable to take advantage of the area's drift to the right. Former state Rep. Tim Kelly raised very little, and Kildee handily beat him 54-42.

A different district that had trended the wrong way for Democrats between 2012 and 2016, however, did return to form this year. The 9th District in the northern Detroit suburbs had narrowed from 57-42 Obama to 51-44 Clinton, but Biden carried it by an Obama-esque 56-43 margin; Rep. Andy Levin, meanwhile, won his second term 58-38. Biden also won Rep. Debbie Dingell's 12th District in the Ann Arbor area 64-34, while he took close to 80% of the vote in both the 13th and 14th Districts in the Detroit area, which are respectively held by Reps. Rashida Tlaib and Brenda Lawrence.

We'll move on to the eight Trump seats, starting with the only one to elect a Democrat to the House this year. The 8th District in the Lansing region did support Trump again, but his tight 50-49 win was a considerable drop from his 51-44 showing in 2016. Democrat Elissa Slotkin flipped this seat two years ago 51-47 after a very expensive race, and she won by that very same margin this year, albeit in a contest that attracted far less outside money.

Biden narrowed the gap in a few other districts, but his improved performance wasn't enough to cost Team Red control of any of their seats. The 3rd District in the Grand Rapids area went for Trump 51-47 after backing him by a stronger 52-42 margin; Republican Peter Meijer, though, won the race to succeed retiring Republican-turned-Libertarian Rep. Justin Amash by beating Democrat Hillary Scholten 53-47 after a costly race.

The 6th District in southwestern Michigan, meanwhile, supported Trump 51-47, which was also a drop from his 51-43 victory in 2016. Veteran Republican Rep. Fred Upton, however, again ran well ahead of the ticket and won his 18th term 56-40.

Trump carried the remaining five GOP-held seats by double digits, though notably, his margin of victory was weaker in all of them than it was in 2016. Rep. Jack Bergman's 1st District in the northern part of the state went for Trump 58-41 four years after backing him 58-37. Meanwhile, Rep. Bill Huizenga's 2nd District along the western Michigan coast backed the top of the ticket 55-43 compared to Trump's 56-38 spread last time. Things were more stable in the 4th, 7th, and 10th Districts, but Biden's improved share of the vote across the board was key to his victory.

Republicans have enjoyed complete control over the redistricting process in Michigan the last three rounds, but this time will be different. In 2018, voters passed an amendment to the state constitution that creates an independent commission to craft new congressional and legislative boundaries.

Georgia Runoffs

GA-Sen-A, GA-Sen-B: The New York Times' Shane Goldmacher has shared some new data that vividly illustrates just how big the gap can be in the prices paid for advertising by federal campaigns versus outside groups.

While the specifics are a bit technical, federal law guarantees something called the "lowest unit charge" to candidates, ensuring that they pay the lowest possible rates to air ads on TV and radio. These rules do not apply to third parties, however, so super PACs and the like have to pay full freight.

Goldmacher's data shows Jon Ossoff's campaign paying just $6,000 to run a spot on Jeopardy! on the Atlanta-based station WXIA. For the same program during the same time period, however, a Democratic super PAC called Georgia Honor (run by the Senate Majority PAC) has to shell out $25,000 per ad. As Goldmacher notes, a 4-to-1 gulf like this isn't necessarily the norm, but this example starkly shows how all ad dollars are not equal.

For this reason, advertising professionals instead prefer to look at a metric known as "gross ratings points," which again are technical but, in broad terms, describe how often an advertiser can expect a particular ad to be seen by its intended audience. Another useful concept is "share of voice," which refers to the proportion of total advertising run by one side or the other.

Of course, all of this is a prelude to … even more ads! Here are the latest:

  • An NRSC spot says that a victory for Ossoff and Raphael Warnock would empower "Nancy Pelosi, AOC, and Bernie Sanders." The focus on both candidates is a bit unusual, as most attack ads so far from both sides have devoted themselves to hitting just one target.
  • Warnock features a man who lost his wife to COVID. Heartbreakingly, he says, "It shoulda been me, instead of her. That's just how much I cared about her." He blasts Sen. Kelly Loeffler: "Kelly Loeffler sold her stock and told us not to worry."
  • A woman praises Loeffler for helping her make sure her unemployment benefits got extended. Loeffler has opposed legislation in Congress to extend unemployment benefits for all Americans during the pandemic.
  • A different woman, identified as a small business owner, thanks Loeffler for offering unspecified help to keep her business open.
  • A Spanish-language ad from Ossoff attacks Sen. David Perdue for supporting Trump's policies to separate migrant children from their parents.
  • A Spanish ad from Warnock emphasizes his religious faith, including the fact that he's now pastor at the same church MLK once presided over.

senate

AZ-Sen: If you had an enormous high school filled with warring cliques that all hated each other, only instead of students it was filled with GOP politicians, and instead of lunchroom supremacy actual lives were at stake, that would go a long way toward explaining the embarrassing explosion of infighting among Arizona Republicans. Beyond that, we don't dare summarize the Arizona Republic's masterful explication of this absurd food fight, but there are a couple of tidbits about prospective 2022 candidates who could take on Democratic Sen. Mark Kelly that we can yank out of the mess.

Most notably, reporters Ronald Hansen and Yvonne Wingett Sanchez say that state GOP chair Kelli Ward, an extreme lunatic who has already lost two Senate bids, could potentially run once more. Ward, a former state senator who achieved infamy in 2014 for hosting a town hall to air conspiracy theories about so-called "chemtrails," ran against Sen. John McCain in the Republican primary in 2016 and held him to a surprisingly soft 51-40 margin.

Soon thereafter, she issued a challenge to Arizona's other senator at the time, Jeff Flake, ahead of the 2018 midterms. But Flake, under constant assault from Donald Trump, opted to retire after just a single term, and Republicans rallied around then-Rep. Martha McSally, who beat Ward 55-28 (Ward may have split the crazytown vote with the notorious Joe Arpaio, who took 18%).

It turns out, though, that losing two Senate races is not the end of the line for an Arizona Republican (McSally, take heart!). The following year, Ward was selected to run the state Republican Party and quickly brought the organization into disrepute. Fundraising nosedived while Ward made headlines for fomenting resistance to pandemic safety measures, even encouraging protesters to pretend to be frontline healthcare workers by donning medical scrubs. 2020 ended, of course, with Arizona going blue at the presidential level for the first time since 1996—and sending two Democrats to the Senate for the first time since 1953.

Hansen and Wingett Sanchez also mention another, more recent Senate loser as a potential GOP candidate, businessman Daniel McCarthy, who was treated to a 75-25 thumpin' by McSally in this year's primary. McCarthy, at the time 34 years old, compared himself to Jesus on the campaign trail ("I am qualified for the job. Jesus was 33 when he saved the world") and called Maricopa County's mask mandate "a communist insurrection." Like Ward, McCarthy's also been involved in the recent cafeteria antics of the Arizona GOP—but again, for that, you'll need to read the Republic.

FL-Sen, FL-Gov: Former Rep. David Jolly, a Republican-turned-independent who's been a vocal Trump critic for years, says he's considering a bid for Senate or governor as an independent. Jolly seems at least somewhat realistic about his chances, saying, "I do think we could mount a viable campaign. But viable and winning look very different and require a lot of money."

At the same time, he seems to think that the one recent Florida election that featured a strong third-party candidate somehow bolsters his case. The Tampa Bay Times' Steve Contorno reports that as "evidence of his path, Jolly points to the 2010 U.S. Senate race," an open-seat contest in which Republican Marco Rubio defeated another Republican-cum-independent, then-Gov. Charlie Crist, 49-30, with Democratic Rep. Kendrick Meek taking just 20%. With Democrats certain to run a credible challenger of their own in 2022, it's hard to understand why Jolly believes he could do any better against Rubio than Crist did.

GA-Sen-A, GA-Sen-B: The Republican pollster Trafalgar Group has released a new survey of Georgia's runoffs, but after much deliberation, we've decided that we aren't going to write about it or include it in our database due to its founder's public embrace of conspiracy theories. Barring further developments, we will maintain this policy for all future Trafalgar polling.

Trafalgar has earned headlines over the past few years for its unorthodox methodology, which seeks to compensate for what the firm's principal, Robert Cahaly, has referred to as "social desirability bias"—the alleged propensity of so-called "shy Trump voters" to tell pollsters whom they really support. While Trafalgar's approach made it one of the few firms to forecast a Trump win in 2016, it performed poorly in 2018, and its final polls also predicted a Trump victory this year (by carrying Pennsylvania, Michigan, and Arizona).

Other pollsters have sharply questioned Trafalgar's methods, with one political science professor telling the New York Times, "If somebody's not transparent you can generally assume they're crap." That same article reported that Trafalgar is "considered far too shadowy by other pollsters to be taken seriously" and noted that Cahaly's bare-bones methodology page "reads like a vague advertisement of its services and explains that its polls actively confront social desirability bias, without giving specifics as to how."

These issues have concerned us for some time, but ultimately, our decision is motivated by Cahaly's acceptance and amplification of election conspiracy theories. Cahaly baselessly claimed to Sean Hannity before the election that Trump would have to win Pennsylvania "by 4 or 5 to overtake the voter fraud that will happen there."

More recently, he tweeted that his new Georgia poll is "based on All votes we anticipate to be counted in GA Senate Runoff (both above and below the table)." That's a reference to a soundly debunked conspiracy theory that election workers in Fulton County somehow rigged the election by counting fake ballots taken out of "suitcases" they'd placed under a table—one that Republican officials with the secretary of state's office blasted as "ridiculous."

We take a heterodox approach to polling—there are many ways to get it right, and no one has a monopoly on the truth. But the truth is what we all must seek. Excluding polls is not something we do lightly, but when a pollster espouses beliefs about elections that are demonstrably false, we are unable to conclude that such a person does in fact believe in seeking the truth.

IL-Sen, IL-Gov: Regarding possible bids against either of the two top Illinois Democrats up for election in 2022, Sen. Tammy Duckworth and Gov. J.B. Pritzker, Republican Rep. Adam Kinzinger tells Politico, "I never rule anything out." Not only would Kinzinger be an underdog in either race, however, given the state's heavily Democratic lean, he'd also likely face a difficult primary, on account of his outspoken criticism of Donald Trump's efforts to overturn the election—criticism that already has fellow Republicans gunning for him.

Gubernatorial

GA-Gov: At a Saturday rally for the Georgia runoffs in which he predictably focused almost entirely on his grievances about his own election, Donald Trump managed to cram in another unrelated race when he touted outgoing Rep. Doug Collins as a candidate for governor in 2022. "Doug, you want to run for governor in two years?" Trump asked after noting Collins was in attendance. "He'd be a good-looking governor."

The Atlanta Journal-Constitution recently floated Collins as a potential primary challenger to Gov. Brian Kemp, whom Trump has excoriated for not seeking to overturn the results of Georgia's presidential contest. That line of attack continued on Saturday, with Trump repeatedly attacking Kemp during a meandering 100-minute speech. "Your governor should be ashamed of himself," said Trump at one point, and at another claiming Kemp is "afraid of Stacey Abrams.”

IL-Gov: Politico's Shia Kapos reports that ultra-wealthy Chicago Cubs co-owner Todd Ricketts is not "ruling out a run" for governor, per a "source close to" Ricketts. It's not clear exactly how rich Ricketts himself is, but Forbes estimates the Ricketts family's net worth at $3 billion. That fortune was built by patriarch Joe Ricketts, Todd's father, who built the online trading powerhouse now known as TD Ameritrade.

Most of the family has been heavily involved in Republican politics. The elder Ricketts has long been a major GOP donor and conservative activist, in particular through his super PAC, the anti-earmarks Ending Spending Fund. Todd Ricketts became the RNC's finance chair in 2018 and his oldest brother, Pete, is governor of Nebraska. His sister, Laura, however, is an LGBTQ rights activist and a top giver to Democratic campaigns.

KS-Gov: Soon-to-be former Secretary of State Mike Pompeo is refusing to rule out a bid against Democratic Gov. Laura Kelly in 2022, telling the Wall Street Journal, "I haven't given half a second's thought to the political races in the state of Kansas." Last cycle, Pompeo played a long, drawn-out game of "will he or won't he?" when Mitch McConnell tried to recruit him to run for the Senate, a race Pompeo now claims he "was never seriously considering."

Pompeo's unparalleled stature in Kansas GOP politics would probably lead the field to clear for him should he choose to run: State party chair Mike Kuckelman said to the Journal, "From the perspective of what I'm hearing within the party, he can do whatever he wants." But that cuts both ways. As in in 2020, a lengthy but unconsummated dalliance could undermine other potential candidates. Ultimately, Pompeo's dithering didn't prevent Republicans from holding the state's open Senate seat last month, but they'd probably rather not go through the same rigmarole again.

MA-Gov: Joe Battenfeld of the conservative Boston Herald reports that Somerville Mayor Joe Curtatone is considering seeking the Democratic nomination for governor in 2022. Curtatone has roundly criticized Republican Gov. Charlie Baker for not taking enough action to combat the coronavirus pandemic in Massachusetts, and while the mayor has been tightlipped when talking about his own electoral plans, he very much hasn't ruled anything out. "That has not crossed my mind at all," Curtatone told Battenfeld about a potential gubernatorial run, adding, "This isn't the time to take political shots at anyone."

Curtatone was first elected mayor of Somerville, which is located just north of Boston and includes part of Tufts University, in 2003, and he's been mentioned as a prospective candidate for higher office for years. Curtatone himself notably spent months in 2013 thinking about a gubernatorial run but decided to stay put, while Baker ended up winning the office the following year. Curtatone is up for re-election next year, and while he could run for governor afterwards, Battenfeld writes that the mayor probably wouldn't seek a sixth term if he decides to take on Baker.

Baker himself has not yet announced if he'll run for a third term, though he began making preparations all the way back in 2019. A recent MassInc poll for the nonprofit The Barr Foundation found Baker with a strong 68-22 favorable rating in what is usually a very blue state, but there was one potential warning sign for the governor just below the surface: While Baker received an 81-13 score from Democrats, Republicans only gave Baker the thumbs up by a 54-40 margin.

NM-Gov: New Mexico GOP chair Steve Pearce is reportedly considering a 2022 rematch against Democratic Gov. Michelle Lujan Grisham, who crushed him by a 57-43 margin in their first face-off two years ago.

Pearce represented southern New Mexico's conservative 2nd Congressional District for many years, but his two stints were bookended by statewide failures: He lost a Senate primary in 2000 after serving four years in the legislature, won a seat in Congress in 2002, then got destroyed in a 2008 Senate bid before returning to the House in the 2010 GOP wave, only to give it all up for his hopeless gubernatorial run in 2018.

As for Grisham, she'd reportedly been under consideration for a post in Joe Biden's cabinet, but both she and the Biden transition team announced on Sunday that she would not be joining the next administration.

PA-Gov: Republican state Sen. Doug Mastriano, who has soared to prominence of late thanks to his bellicose support for Donald Trump's efforts to overturn the results of Pennsylvania's presidential election, gets mentioned as a possible candidate for governor in 2022 in a new profile from the Philadelphia Inquirer's Andrew Seidman.

While Mastriano wouldn't speak to Seidman, when asked recently by conservative radio host Charlie Kirk if he'd run, he said, "If we get the call from God, we're not gonna stand away from our Esther moment"—exploiting the biblical story of Queen Esther, who is credited with putting her life at risk to save the Jews of Persia from destruction, to describe his own interest in seeking a political promotion.

Mastriano's arrival as a latter-day Jewish heroine is a relatively recent thing: A veteran of Iraq and Afghanistan, he first ran for Pennsylvania's 13th Congressional District in 2018, shortly after retiring from the Army as a colonel. He badly lost the primary to now-Rep. David Joyce, but he fared better the following year when he won a special election to the legislature.

He also made news in bizarre fashion late last month when he had to bolt from an Oval Office meeting with Trump after learning he'd tested positive for the coronavirus. (There are so many things weird with this story.)

While his loving embrace of Trump ought to be a boon in a primary, Mastriano could spell danger for the GOP in the general election. "We had a super Trumpy older white guy state senator from central Pennsylvania as our 2018 gubernatorial nominee," said one local GOP operative to Seidman, referring to former state Sen. Scott Wagner, who ran against term-limited Democratic Gov. Tom Wolf two years ago. "And he got 40% of the vote." In total fairness, Wagner won 40.7%, which rounds up to 41.

RI-Gov: WPRI's Ted Nesi reports that outgoing Cranston Mayor Alan Fung, who was the GOP's nominee for governor in both 2014 and 2018, is considering a third try, though there's no quote from Fung or anyone connected to him. Fung lost a three-way open-seat race to Democrat Gina Raimondo 41-36 in 2014 (a third-party candidate took 21%), then got smoked 53-37 in a more traditional rematch four years later. Raimondo is term-limited in 2022 (as Fung himself was this year), and a whole host of top-shelf Democrats could try to succeed her.

SC-Gov: Outgoing Democratic Rep. Joe Cunningham, who unexpectedly lost a difficult re-election bid for South Carolina's 1st Congressional District last month, declined to rule out a bid for governor in 2022, telling the Post & Courier of his future plans, "It's good to take some time and assess things. That's not a decision I can make right now." Republican Gov. Henry McMaster has said he will seek a second full term.

VA-Gov: Despite the pandemic, Virginia Republicans opted over the weekend to choose nominees for statewide office via a convention rather than a state-run primary, prompting one GOP candidate to make good on a threat to bolt the party and announce a bid for governor as an independent.

State Sen. Amanda Chase, known for her far-right views, had long opposed a convention and attacked the "Republican establishment elite" for favoring one, apparently in the belief that it would benefit the only other declared contender, former state House Speaker Kirk Cox. If that sounds surprising, to an extent, it is: As the Virginia Mercury's Ned Oliver put it, the decision "turned conventional wisdom about the benefits of primaries versus conventions on its head," since GOP conventions typically favor the most extreme candidates.

But as Oliver alludes, Chase is so deeply on the outs with fellow Republicans that her ability to muster the necessary support among convention delegates, with whom personal relationships are often crucial, is extremely weak. Chase was booted by her county GOP organization last year after she supported an independent candidate for sheriff who ran against the Republican incumbent, and a couple of months later, she actually quit the GOP caucus in the Senate.

It's not clear whether Republicans will try to host an in-person gathering despite the massive danger—it's possible they could instead choose an "unassembled" convention, which might more closely resemble a so-called "firehouse" (or party-run) primary. But whatever unfolds, the electorate will be far smaller than had they chosen a traditional primary, where Chase could have won with a plurality, as opposed to the majority required at a convention.

The decision to forego a primary prompted some heated words from one potential candidate, outgoing Republican Rep. Denver Riggleman, who himself lost renomination at a convention earlier this year. The Virginia GOP "is a raging dumpster fire," tweeted Riggleman, who late last month said that his interest in a bid had "diminished." Presumably, his desire to seek the Republican nod is even lower now, though he's also held out the possibility of running as an independent.

House

CA-08: Republican Rep. Paul Cook resigned Monday to take his spot on the San Bernardino County Board of Supervisors. Cook's congressional seat will remain vacant until January, when fellow Republican Jay Obernolte is sworn in along with the rest of the new Congress.

And while it may seem strange that Cook decided to give up his seat in D.C. to run for local office, this isn't a step down for him. San Bernardino County supervisors earn a salary comparable to U.S. House members, and they also enjoy a much shorter commute. Supervisors are limited to four four-year terms, though that may not be a drawback for Cook, who is 77. And perhaps most importantly, while Obernolte will be in the minority, Cook and his fellow Republicans will hold a 4-1 edge on the Board of Supervisors even though San Bernardino County favored Joe Biden 54-44.

CA-25: Outgoing Assemblywoman Christy Smith, who recently lost a very close rematch with Republican Rep. Mike Garcia, says she might run for California's 25th Congressional District a third time. In a new statement, Smith said, "This was such a close election, and having earned over 36,000 more votes than any prior Democrat in CA-25, I'm keeping all options open."

Last month, Smith filed paperwork with the FEC that would allow her to fundraise for another bid, though as we always caution, many candidates submit FEC paperwork but never run. And this cycle, the vagaries of redistricting add yet another element of uncertainty, so expect to see lots of folks float their names early on who wind up staying put once maps are finalized.

Mayoral

Seattle, WA Mayor: Incumbent Jenny Durkan announced Monday that she would not seek a second term. Durkan, whose year was dominated by the coronavirus pandemic, widespread protests against police violence, and conflict with several members of the Seattle City Council, said she believed she needed to spend the rest of her term focusing on the city's challenges rather than running for re-election.

Durkan, whose 2017 win made her the first lesbian to be elected mayor, is the latest city leader to leave after one term. Greg Nickels' 2005 win marked the last time that a Seattle mayor was re-elected, though Nickels' quest for a third term four years later ended when he failed to advance past the top-two primary.

All the candidates in next year's contest will run on one nonpartisan ballot, and the top-two vote-getters will advance to the November general election. Durkan's successor in this very blue city will almost certainly be a fellow Democrat, though it's far too early to know who would be the frontrunner. We'll take a look at the potential field to succeed Durkan in a future Digest.

Other Races

CA-AG: Joe Biden announced Monday that he was nominating California Attorney General Xavier Becerra to lead the U.S. Department of Health and Human Services. Becerra, who is a former Democratic congressman from Los Angeles, would be the first Latino to hold this post.

If the Senate confirms Becerra, it would be up to Gov. Gavin Newsom, a fellow Democrat, to pick his replacement as the attorney general for the nation's largest state. Newsom is already tasked with filling Vice President-elect Kamala Harris' soon-to-be vacant Senate seat, and Becerra had been mentioned as a prospect. The new attorney general would need to be confirmed by both chambers of the state legislature, though it would be a surprise if the overwhelmingly Democratic body rejected Newsom's choice.

It was only four years ago that Becerra himself was appointed attorney general. In 2016, then-Gov. Jerry Brown shocked state and national politicos when he selected Becerra, who was the fourth-highest ranking Democrat in the House, to succeed Harris after she was elected to the Senate. One Democrat who wasn't chosen, state Insurance Commissioner Dave Jones, decided to challenge Becerra in 2018, but Jones ended up taking a distant third in the top-two primary; Becerra himself had no trouble turning back his Republican foe that November.

Called Races

CO 18th District DA: Democrat Amy Padden conceded on Saturday after an automatic recount confirmed that Republican John Kellner had prevailed 50.1-49.9 in this open seat race. Kellner's win means that his party will hold this district attorney's office, which has jurisdiction over Arapahoe, Douglas, Elbert and Lincoln Counties.

Election Results Recaps

LA-05: Luke Letlow decisively beat state Rep. Lance Harris 62-38 in Saturday's all-GOP runoff to succeed his old boss, retiring Rep. Ralph Abraham, in this conservative northeast Louisiana seat. Letlow, who served as Abraham's chief of staff before entering the race, had the congressman's endorsement, as well as a big financial edge over Harris.

East Baton Rouge Parish, LA Mayor-President: Democratic incumbent Sharon Weston Broome won a second term as leader of this populous parish, which is home to Baton Rouge and several of its suburbs, by beating former Republican state Rep. Steve Carter 57-43.

Orleans Parish, LA District Attorney: Criminal justice reformers scored a big win in New Orleans on Saturday when City Councilman Jason Williams won a six-year term by defeating former judge Keva Landrum 57-43 in the all-Democratic runoff. (Orleans Parish is coterminous with the city of New Orleans). Williams will succeed retiring incumbent Leon Cannizzaro, who leaves office with a reputation as one of the most punitive prosecutors in the entire country.

Both Williams and Landrum, who served as interim district attorney in 2007 and 2008, promised never to seek the death penalty and pledged to bring other changes to the office, but Williams consistently adopted far more progressive stances than his opponent. Notably, Williams alone ruled out charging defendants as habitual offenders, a tactic that Louisiana prosecutors like Cannizzaro have frequently used to secure longer sentences. Williams notably also said he won't seek to try underage suspects—97% of whom are Black—in adult courts, and he's also pledged to drop all marijuana possession charges.

Williams, though, did look like at least the slight underdog going into Saturday's contest. Perhaps most seriously, he was indicted by federal prosecutors in June for tax fraud, charges he's argued resulted from "an old-school political tactic" to damage his chances. The councilman has pleaded not guilty, claiming his tax preparer had misrepresented his credentials and filed error-filled forms with the IRS without Williams' knowledge, and his trial is currently set for January.

Landrum, who led Williams 34-29 in the first round of voting last month, also had the support of Mayor Latoya Cantrell and Rep. Cedric Richmond, as well as five of Williams' six colleagues on the City Council. None of this was enough, though, to stop Williams from decisively winning this powerful post.

Grab Bag

Deaths: Maryland Democrat Paul Sarbanes, who served in the House and the Senate, died Sunday at the age of 87. Sarbanes, who was the first Greek American elected to the upper chamber, was a generally low-key senator who is best known for co-sponsoring the 2002 Sarbanes-Oxley act in the wake of the Enron and WorldCom scandals, a law that the New York Times writes "strengthened corporate governance and created a federal oversight board for the accounting industry." Sarbanes is also the father of Rep. John Sarbanes, who has represented part of the Baltimore region since 2007, the same year that the elder Sarbanes retired from the Senate.

Sarbanes got his start in politics in 1966 when he was elected to the state House, and he launched a primary challenge against Rep. George Fallon four years later. Fallon, who was chair of the powerful House Committee on Public Works, initially looked secure in this Baltimore-area seat.

However, as Theo Lippman would write in the Baltimore Sun in 1991, "Some of Paul's best arguments against the chairman were that he was too old (he was 68) and too ailing and too remote to represent the district anymore. And too close to big, rich campaign contributors who depended on pork from the committee chairman's big barrel." Sarbanes won 51-46, and he easily prevailed in the general. Sarbanes seemed to be in for another tough primary in 1972 when redistricting put him in the same seat as fellow Rep. Edward Garmatz, but Garmatz decided to retire.

Sarbanes attracted national attention in 1974 when, as a member of the House Judiciary Committee, he introduced and defended the first article of impeachment against Richard Nixon. Sarbanes then set his sights on a promotion in 1976 when he sought the nomination to take on Republican Sen. Glenn Beall. Sarbanes' main opponent in the primary was former Sen. Joseph Tydings, who had lost the seat to Beall in 1970, thanks to an effort by the NRA and its allies. The well-funded Sarbanes, who benefited from support from Greek American donors and labor groups, won the nomination 55-35.

Sarbanes then went after Beall for his connections to the disgraced Nixon, including the $250,000 in campaign funds he'd received six years ago from a White House-controlled account known as the "Townhouse Operation." Beall insisted that, while he'd made a "mistake" by accepting the donations, he was being unfairly judged by post-Watergate standards of morality. That argument didn’t go over well with voters, and Sarbanes unseated Beall 57-39 as Jimmy Carter was carrying the state by a smaller 53-47.

Sarbanes never came close to losing in any of his subsequent campaigns, though he did attract some notable GOP opponents. Sarbanes's foe in 1982 was Prince George's County Executive Lawrence Hogan, a former House colleague and the father of current Gov. Larry Hogan, while his 1988 adversary was Alan Keyes, who would go on to lose the 2004 Senate race in Illinois to Barack Obama. Sarbanes' smallest win was in 1994 against former U.S. Secretary of Labor Bill Brock, who had been elected to the Senate from Tennessee in 1970 and lost re-election six years later; Sarbanes prevailed 59-41.

Morning Digest: Alaska’s bipartisan state House coalition is imperiled following GOP primary results

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

Leading Off

AK State House: A coalition of 15 Democrats, two independents, and five Republicans (known as the House Majority Caucus) currently run Alaska’s 40-person House of Representatives, but at least one of these renegade Republicans lost renomination on Tuesday while two others are in trouble. We won’t have complete results for a while, though, because the Alaska Division of Elections says it won’t “even start counting absentee ballots until Aug. 25.” Absentee ballots make up a large portion of the vote in Alaska, so several races could shift quite a bit when all is said and done.

Campaign Action

One Republican member of the coalition has definitely lost after being targeted by the Republican State Leadership Committee, which is the national GOP’s legislative campaign committee, and a second incumbent is badly trailing. The Associated Press has called the primary in House District 28 in Anchorage for James Kaufman, who unseated state Rep. Jennifer Johnston 73-27. This seat backed Trump 49-43, and Democrats are fielding Adam Lees.

A second GOP Majority Caucus member, state Rep. Chuck Kopp, is trailing challenger Thomas McKay 67-33 with 1,800 votes in, though the AP has not yet made a call here. HD-24, which is also in Anchorage, went for Trump by a 52-40 margin; the Democratic nominee is Sue Levi, who lost to Kopp 59-41 in 2016 and was defeated 60-39 two years later.

A third Republican member of the bipartisan alliance, state Rep. Steve Thompson, currently has a 51-49 edge over primary challenger Dave Selle with 700 votes tallied in another contest that the AP has not called. HD-02, which is located in Fairbanks, went for Trump 60-30, and the Democrats are running Jeremiah Youmans. The final two GOP coalition members, Bart Lebon and Louise Stutes, were renominated without any opposition.

National and state Republicans in the mainstream GOP caucus (the House Minority Caucus) also appear to have scored some other wins Tuesday that will make it easier for them to control the state House next year.

A sixth Republican, Gary Knopp, was part of the coalition, but he was killed last month in a mid-air collision. Knopp, who remained on the ballot, posthumously took third place with 14%; the winner with 61% of the vote is Ron Gillham, who earned the endorsement of the local GOP back in June. (If Knopp had won, Republicans would have been able to petition to choose a replacement nominee.) HD-30, which is located in Kenai is the south-central part of the state, backed Trump 71-21.

Republicans also appear to have denied renomination to state Rep. Gabrielle LeDoux, who isn’t part of any alliance. The AP hasn’t called this contest yet, but with 500 votes in, challenger David Nelson leads 79-21.

LeDoux was originally a member of the coalition, but she was stripped of her committee assignments in March of 2019 after she voted against the chamber’s leaders on the budget; LeDoux didn’t rejoin the regular GOP caucus afterwards, though. In March, LeDoux was charged with voter misconduct. HD-15, which is in Anchorage, backed Trump 52-38, and the Democratic primary has not yet been called.

Finally, national Republicans may have fallen just short in toppling state Rep. David Eastman, who is part of the House Minority Caucus but has been a pain for its leaders, though the contest has not yet been called. With 2,200 votes in, Eastman leads primary foe Jesse Sumner 52-48. HD-10, which is based in Sarah Palin’s old Wasilla stomping grounds, favored Trump 71-21, so it’s likely out of reach for Democrat Monica Stein-Olson no matter how this primary ends.

While Eastman never joined the coalition, his intra-party critics remember how, after the 2018 election, he said he wouldn’t back a GOP speaker without some preconditions. Eastman was supposed to be one of the 21 Republicans who was to form the new majority, and his enemies blame him for causing the deadlock that eventually led to the bipartisan alliance. Since then, Eastman has spoken against a number of his party’s priorities, and House Minority Leader Lance Pruitt announced in March that he was on “probation.”

Senate

GA-Sen-B: Pastor Raphael Warnock, who is supported by national Democrats, is launching his debut TV ad with a $400,000 buy ahead of the all-party first round in November. The minute-long spot starts off with Warnock speaking to the camera from the housing project where he grew up in Savannah. Warnock highlights his background coming from a large family that taught him the value of hard work, followed by a series of news clips touting his role as the lead pastor of the prominent Ebenezer Baptist Church in Atlanta, a position that Martin Luther King Jr. once held. Warnock emphasizes his efforts fighting for affordable health care and the right to vote.

Meanwhile, Republican Rep. Doug Collins is airing a new TV ad where he focuses on how he was supposedly "Trump's preferred pick" for the appointment to this seat, using a clip of Trump praising the congressman.

Polls:

  • AZ-Sen: OnMessage (R) for Heritage Action: Mark Kelly (D): 48, Martha McSally (R-inc): 48 (51-48 Trump)
  • GA-Sen-A: Garin-Hart-Yang (D) for Jon Ossoff: Jon Ossoff (D): 48, David Perdue (R-inc): 46 (July: 45-44 Ossoff)

OnMessage's survey for the conservative Heritage Action group is one of the very few polls we've seen all year that hasn't shown McSally trailing.

House

IA-01: Democratic Rep. Abby Finkenauer's newest commercial focuses on the derecho storm that hit Iowa earlier this month. Finkenauer, speaking from her backyard, talks about how neighbors have been helping each other in the aftermath, and she pledges not to "stop until Iowans get the resources we need."

Republican Ashley Hinson, meanwhile, is going in a more partisan direction in her newest spot. After talking about her previous career as a local TV newscaster, Hinson rattles off some of Donald Trump's favorite talking points about "socialists trying to abolish the police, radicals trying to tear down our country."

IN-05: The far-right Club for Growth's first general election ad accuses Democrat Christina Hale of voting for higher taxes before the narrator declares, "And, like Nancy Pelosi, Hale backs the kind of public option plan that would radically expand the government's role in healthcare."

MA-01: Democratic Majority for Israel has launched a $100,000 TV buy against Holyoke Mayor Alex Morse ahead of the Sept. 1 Democratic primary. We do not yet have a copy of the commercial.

MA-04: Data for Progress has released an in-house survey of the crowded Sept. 1 Democratic primary, and it finds a tight contest with no obvious frontrunner.

Newton City Councilor Jake Auchincloss: 14

Newton City Councilor Becky Walker Grossman: 13

Former Alliance for Business Leadership head Jesse Mermell: 13

Former Wall Street regulator Ihssane Leckey: 9

Public health expert Natalia Linos: 9

City Year co-founder Alan Khazei: 7

Attorney Ben Sigel: 3

Businessman Chris Zannetos: 1

A 29% plurality are undecided, while 1% goes to former assistant state attorney general Dave Cavell, who dropped out last week and endorsed Mermell.

The only other recent numbers we've seen was an early August survey for Leckey from Frederick Polls. That poll showed Grossman leading Auchincloss 19-16, with Leckey and Mermell at 11% and 10%, respectively.

NJ-07: Republican Tom Kean uses his first TV commercial to portray himself as a bipartisan legislator.

OH-10: Longtime Rep. Mike Turner seems to be taking Democrat Desiree Tims seriously, since he just launched a commercial against her that highlights a massive scandal … involving Turner's fellow Ohio Republicans.

As the screen shows a newspaper headline about a $60 million bribery scheme, the narrator begins, "It's disgraceful. Lobbyists have bought seats in the Ohio State House." Last month, then-state House Speaker Larry Householder was arrested on federal corruption charges, and prosecutors accused the nuclear power company FirstEnergy of illegally funneling $61 million to a group controlled by Householder and his allies in order to pass and preserve a 2019 law that Leah Stokes described in Vox as "widely recognized as the worst energy policy in the country."

And what does this have to do with Tims? Nothing, but that’s not stopping Turner from attempting to connect her to the scandal anyway. After briefly talking about the scandal involving lobbyists and state Republicans, his narrator awkwardly transitions to attacking Timms by continuing, “Now Washington lobbyist Desiree Tims has moved back to Ohio and is trying to buy a seat in Congress" by accepting out-of-state contributions. Turner himself, though, does have a link to FirstEnergy: According to the Daily Beast’s Lachlan Markay, the congressman has taken $20,000 in campaign contributions from the company during his career.

OK-05: The Club for Growth is running a new commercial against state Sen. Stephanie Bice ahead of next week's Republican primary runoff that begins with someone dancing while wearing a unicorn mask. The narrator responds, "Ok, that's just weird! Like when Stephanie Bice voted for the biggest tax increase in state history, but claims to care about taxpayers."

Our grooving half-unicorn friend (a reverse centaur, but a unicorn?) pops up again, and the narrator responds, "Really, a bit odd. Like how Bice denounced Trump in 2016, but now claims she'll stand with him." This process repeats one more time, with the ad volunteering the dancer is "strange," just like "Bice voting to weaken criminal penalties on looting, but claims she's a conservative." Bice faces businesswoman Terry Neese in next week's contest for the right to take on freshman Democratic Rep. Kendra Horn.

VA-02: After former Republican Rep. Scott Taylor sent a cease-and-desist letter to Democratic Rep. Elaine Luria demanding that she stop making statements claiming that he is under investigation for ballot access fraud, the Roanoke prosecutor John Beamer's office announced that an investigation is still ongoing, stating, "The entire campaign is under investigation." Taylor's staff was exposed during his unsuccessful 2018 re-election campaign for forging signatures on behalf of Democrat-turned-independent Shaun Brown (who was booted off the ballot by a judge), and Democrats ran ads slamming Taylor's campaign for its illegal scheming.

The story surfaced again in March when a former Taylor staffer pleaded guilty for her part in the scheme, and Beamer's office now says that more indictments are possible. Taylor himself has consistently denied any knowledge of the scheme, but his staff had previously claimed the congressman was indeed aware of their plans.

WA-10: Democratic state Rep. Kristine Reeves, who finished in third place with 13% in this month's top-two primary, has endorsed former Tacoma Mayor Marilyn Strickland over state Rep. Beth Doglio in the all-Democratic November general election.

Primary Result Recaps

FL-03: Kat Cammack defeated 2018 candidate Judson Sapp 25-20 in the Republican primary to succeed her old boss, retiring Rep. Ted Yoho, in this 56-40 Trump seat in north-central Florida.

Cammack served as Yoho's campaign manager during his four bids for office, including his 2012 upset win against incumbent Cliff Stearns and his 2018 contest against Sapp, but Yoho was hardly in her corner. In a weird twist, Yoho, who did not endorse anyone, confirmed in June that he'd "demoted" Cammack seven years ago "from Chief of Staff in my Washington, DC office to Deputy Chief of staff and reassigned to the district in Florida for reasons not to be disclosed."

Yoho concluded, "She continued to work for our office in a satisfactory manner until she decided to run for Congress herself. No further comments are warranted." No more comments came, and Cammack is now poised to win the seat of the man who demoted her. Daily Kos Elections rates this as Safe Republican.

FL-05: Democratic Rep. Al Lawson took just 56% of the vote in the primary against two unheralded opponents in this safely blue North Florida seat, which was not a strong performance for an incumbent. Chester Albert, whose old anti-LGBTQ writings surfaced weeks before the primary, was far behind with 28%. While Lawson didn't come close to losing, though, Tuesday's results indicate that he could be in trouble in the future against a stronger intra-party foe, especially with redistricting just around the corner.

FL-08: Republican Rep. Bill Posey won renomination 62-38 against Scott Caine, a Navy veteran who ran some anti-Posey TV ads in the final weeks of the contest for this safely red seat along Florida's Space Coast.

FL-13: Air Force veteran Anna Paulina Luna defeated attorney Amanda Makki, who had the backing of House Minority Leader Kevin McCarthy, 36-28 in the GOP primary to take on Democratic Rep. Charlie Crist. While both candidates campaigned as ardent Trump allies, Luna worked especially hard to foster a far-right image. Luna, who compared Hillary Clinton to "herpes," also enjoyed the support of Rep. Matt Gaetz, a rabid Trump fan who represents the 1st District well to the northwest.

This St. Petersburg seat went from 55-44 Obama to 50-46 Clinton, but neither party has been acting like Crist is in much danger. Daily Kos Elections rates this contest as Likely Democratic.

FL-18: Navy veteran Pam Keith, who unsuccessfully sought the Democratic nod last cycle, defeated former state deputy solicitor general Oz Vazquez 80-20 in the primary to face Republican Rep. Brian Mast.

This seat, which includes the Palm Beach area and the Treasure Coast to the north, moved from 51-48 Romney to 53-44 Trump, and Mast doesn't look vulnerable. The incumbent won re-election 54-46 against a well-funded opponent, and he had a hefty $1.8 million on-hand in late July. Daily Kos Elections rates this as Safe Republican, though things could get interesting if Trump truly wrecks his party down the ballot.

FL-19: State Rep. Byron Donalds appears to have claimed the GOP nomination for this safely red seat in the Cape Coral and Fort Myers area after a very tight expensive battle. The Associated Press has not called the contest as of Wednesday afternoon, but second place candidate House Majority Leader Dan Eagle, who trails 23-22 with 104,000 ballots counted, has conceded to Donalds. Two self-funders, businessman Casey Askar and urologist William Figlesthaler, finished just behind with 20% and 18%, respectively.

Askar and Figlesthaler decisively outspent the rest of the field, while Eagle had the support of Sen. Marco Rubio. Donalds, though, benefited from millions in spending from the anti-tax Club for Growth and like-minded groups. Donalds would be the second Black Republican to represent Florida in Congress since Reconstruction; the first was Allen West, who is now the chair of the Texas Republican Party.

Donalds ran here back in 2012 and took fifth place with 14% in what turned out to be the first of four open seat contests during the decade. The winner was Trey Radel, who was elected in the fall but arrested the next year by an undercover officer in D.C. after he attempted to buy cocaine, and he resigned months later under pressure from party leaders. Radel was succeeded in a 2014 special by Curt Clawson, who retired in 2016 and was replaced by Francis Rooney, who announced last year that he would not seek a third term.

FL State House: Two terrible Democratic state House members representing safely blue seats were ousted Tuesday by far more progressive opponents.

In Jacksonville’s HD-14, community organizer Angie Nixon defeated incumbent Kim Daniels by a 60-40 margin. Daniels, who has faced a number of serious questions about her ethics, defied her party this year by co-sponsoring a bill requiring parental consent for abortions, and an official with Equality Florida dubbed her “probably the most anti-LGBTQ Democrat in Tallahassee.”

Daniels also made a name for herself as a Trump loyalist, and in 2018, she delivered a prayer giving thanks to Donald Trump that also included attacks on witches. Daniels had the backing of charter school interests and the Florida Chamber of Commerce, while the local chamber and state AFL-CIO were for Nixon.

Meanwhile, in Palm Beach County’s HD-88, Lake Worth Beach Commissioner Omari Hardy beat state Rep. Al Jacquet 43-26. Jacquet has a long history of homophobia, and he used an anti-LGBTQ slur against Hardy during the campaign; Hardy responded, “While I am not gay, I was raised in a same-sex household by my two mothers, and I am offended for them and for the broader LGBTQ community here in Palm Beach County, where I serve.”

Jacquet said later, “I apologize for my words that have offended some of my colleagues.” That non-apology didn’t satisfy anyone, and Jacquet soon stepped down from his post as the top Democrat on the Rules Committee.

Broward County, FL State Attorney: Former prosecutor Harold Pryor won the eight-way Democratic primary to succeed incumbent Mike Satz, who is retiring after an astounding 44 years in office. Pryor, who would be the first African American to hold this office, defeated defense attorney Joe Kimok 21-20.

Pryor is the heavy favorite in the fall in this 66-31 Clinton county. However, Republicans do have a notable candidate in Gregg Rossman, who has prosecuted a number of high-profile murders; another local prosecutor, Sheila Alu, is also competing as an independent.

Miami-Dade County, FL Mayor: Two county commissioners, Republican Steve Bovo and Democrat Daniella Levine Cava, will face off in November's nonpartisan general election to succeed termed-out incumbent Carlos Gimenez, who is the GOP nominee for Congress against Democratic Rep. Debbie Mucarsel-Powell. Bovo took first place with 29.3%, while Levine Cava beat former Democratic Mayor Alex Penelas 28.8-24.5 for the second general election spot.

The following day, Levine Cava released an internal poll from Change Research taken in early August that showed her leading Bovo 39-28. However, while Miami-Dade County is solidly blue in presidential contests, a Bovo win is far from out of the question. Republicans often do very well in this area downballot, and it's hardly a certainty that supporters of Penelas, whom Al Gore dubbed "the single most treacherous and dishonest person I dealt with" due to his actions during the 2000 campaign, will overwhelmingly break for Levine Cava.

Miami-Dade County, FL State Attorney: Incumbent Katherine Fernández Rundle, who has been in office for 27 years, defeated progressive opponent Melba Pearson 61-39 in the Democratic primary. No other candidates filed for the general election, so Fernández Rundle's victory gives her another term by default.

Orange/Osceola Counties, FL State Attorney : Former defense attorney Monique Worrell, who campaigned as the most progressive candidate in the four-person Democratic primary, decisively won the nomination to succeed retiring incumbent Aramis Ayala as state attorney for the Ninth Circuit, which covers both Orlando's Orange County and neighboring Osceola County. Worrell, who had Ayala's endorsement and benefited from heavy spending by a group close to billionaire philanthropist George Soros, beat former judge Belvin Perry 43-31.

No Republicans are running in the November election, and Worrell will be the heavy favorite to defeat independent Jose Torroella.

WY-Sen: Former Rep. Cynthia Lummis, to no one's surprise, beat Converse County Commissioner Robert Short 60-13 in the Republican primary to succeed retiring Rep. Mike Enzi. Wyoming was Donald Trump's single best state in 2016, and Lummis should have no trouble in the fall in a contest Daily Kos Elections rates as Safe Republican.

Grab Bag

Deaths: It may be hard for younger people to believe, but for much of the second half of the 20th century, the states of the Pacific Northwest routinely elected center-right Republicans to higher office. One of the last remaining big names from that tradition died on Wednesday at the age of 92: Washington's former Sen. Slade Gorton.

Gorton spent nearly 40 years in elective office, getting his start representing a north Seattle state House seat in the 1960s. Gorton then was elected in 1968 to his first of three terms as state attorney general, where he engaged in a long fight with the state's Native American tribes over fishing treaty rights.

Gorton went on have two separate tenures in the U.S. Senate. He was first elected in 1980 with some help from Ronald Reagan's coattails in a 54-46 upset victory against local institution Warren Magnuson, a Democrat who served in the chamber since 1944. Like a number of Senate Republicans elected in 1980, though, he found himself bounced out in the 1986 midterm, losing to former U.S. Secretary of Transportation Brock Adams, who had previously been a Democratic congressman, 51-49.

Gorton, however, quickly won the state's other Senate seat in 1988, prevailing 51-49 against Democratic Rep. Mike Lowry in the contest to succeed retiring Republican incumbent Dan Evans. (Lowry would win his single term as governor four years later.) Gorton was re-elected in 1994 fairly easily against the backdrop of a good Republican year over then-King County Councilor Ron Sims, who would later become the executive of Washington's largest county.

Gorton's political career, though, didn’t survive the state's gradual move toward the Democrats in 2000. Gorton ended up being unseated by former Rep. Maria Cantwell in an extremely close race, losing by only 2,200 votes after an automatic recount.

Gorton was a largely party-line vote in the Senate though with occasional deviations, of which one of the most notable was his decision to vote against the perjury charge in Bill Clinton's impeachment (though he did vote to convict on the obstruction of justice charge). One of Gorton's notable post-Senate achievements will survive him for a few more years: He was the chief Republican member of Washington's redistricting commission in 2011, which is generally regarded as having produced mildly Republican-favorable maps.

Incidentally, thanks to the longevity of Cantwell and fellow Democratic Sen. Patty Murray (and the even greater longevity of Magnuson and Henry Jackson before them), Gorton's passing means that Washington is in the unusual position of having only one living ex-senator: Dan Evans, still going at 94.

Election Changes

Please bookmark our litigation tracker for a complete summary of the latest developments in every lawsuit regarding changes to elections and voting procedures as a result of the coronavirus.

Delaware: Republicans have filed a lawsuit in state court seeking to overturn a new law passed by Democratic lawmakers earlier this year that loosened Delaware's excuse requirement to enable everyone to vote by mail this November due to the pandemic. The law also directed officials to mail an application for an absentee mail ballot to all voters in the Sept. 15 downballot primary and November general election.

Louisiana: Democratic Gov. John Bel Edwards says he won't sign a new election plan proposed by Republican Secretary of State Kyle Ardoin that would keep in place the state's requirement that voters under age 65 present a specific excuse to request an absentee ballot and would only expand eligibility to those who have documentation that they have tested positive for COVID-19 (note that we previously said incorrectly that Edwards did not have the power to veto this plan). The latest GOP plan is more limited than the exceptions that Ardoin backed in the state's July primary, and the Republican legislature is set to take up the plan this week.

New Jersey: The Trump campaign and national and state GOP organizations have filed a federal lawsuit aiming to overturn Democratic Gov. Phil Murphy's recent executive order adopting a full vote-by-mail system for November, where every voter will be mailed a ballot directly and in-person voting will still be available on a limited basis of at least one location in each of the state's 565 municipalities.

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Morning Digest: In primary delayed by chaos, Puerto Rico’s pro-statehood party dumps governor

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

Leading Off

PR-Gov: Puerto Rico's gubernatorial primaries finally came to an end on Sunday, and former Resident Commissioner Pedro Pierluisi ousted Gov. Wanda Vázquez 58-42 to win the nomination of the pro-statehood New Progressive Party. Vázquez did not endorse Pierluisi, declaring instead, "I say to Pedro Pierluisi, that it is the thousands and thousands of people who supported me, and gave me their vote ... it is those people whose endorsement he should be seeking." Pierluisi, for his part, said that statehood would be one of his top goals if elected.

Meanwhile, Isabela Mayor Carlos Delgado decisively won the contest to lead the pro-commonwealth Popular Democratic Party by defeating Puerto Rico Sen. Eduardo Bhatia 63-24. Pierluisi and Delgado will face off in the November general election for a four-year term along with Alexandra Lúgaro of the Citizens' Victory Movement, a party that NPR describes as "promoting anti-colonialism and a constitutional assembly to make a final decision on Puerto Rico's political relationship with the United States."

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The primary was originally set for June, but Vázquez signed legislation postponing it to Aug. 9 because of the coronavirus pandemic. However, ballots arrived late, or did not arrive at all, at a majority of voting centers that day, and the commonwealth's major political parties postponed voting a week. On Thursday, the Puerto Rico Supreme Court ruled that voting would take place on Sunday in any precinct that was not open for the legally required eight hours last week.

The second round of voting mostly proceeded as planned, but not everyone who wanted to vote ended up being able to cast a ballot. Many people left closed polling places on Aug. 9 only to eventually learn that their precinct had opened later in the day for the prescribed eight hours, but that it was now too late for them to vote.

Pierluisi, who represented Puerto Rico in the U.S. House as a non-voting member from 2009 to 2017, briefly served as governor last year under some very unusual circumstances. Gov. Ricardo Rosselló, who had narrowly defeated Pierluisi in the 2016 primary, was badly damaged after a series of online chats between the governor and his allies leaked in which participants lobbed violent, misogynist, and homophobic insults at their enemies and joked about Puerto Ricans who died during Hurricane Maria. Mass protests soon broke out calling for Rosselló to quit, and the legislature began laying the groundwork to impeach him.

After two weeks of protests, Rosselló announced on July 24 that he would resign nine days hence, but it was unclear who would succeed him. Normally the commonwealth's secretary of state would take over, but Luis Rivera Marin had previously resigned from that very post because of his own role in the chat scandal. Vázquez, who was justice minister, was next in the line of succession, but she said on July 28―less than a week before Rosselló's Aug. 2 departure―that she hoped that Rosselló would pick a new secretary of state, and that this new person would be governor instead of her.

Rosselló tried to do just that, and he announced on July 31 that he was appointing his old rival Pierluisi. However, the commonwealth's constitution requires the secretary of state to be confirmed by both Puerto Rico's House and Senate, but Pierluisi was sworn into that job that very evening before any legislators had a chance to vote.

The House gave Pierluisi an affirmative vote on Aug. 2 about an hour before Rosselló's departure took effect, but the Senate postponed their own hearings until the following week. However, that didn't stop Pierluisi from being sworn in as governor right after Rosselló left office. Pierluisi cited a 2005 law that said that the secretary of state didn't need to have received legislative confirmation from both chambers if they need to take over as governor to make his case that he was indeed Puerto Rico's legitimate leader.

However, the Supreme Court of Puerto Rico ruled that this provision was unconstitutional days later in the decision that ousted Pierluisi from the governor's office and put Vázquez in charge. While Vázquez said she hadn't wanted to be governor, she soon quashed speculation that she would only stay long enough to appoint a new secretary of state who would then take over as the commonwealth's leader, and she announced in December that she'd seek a full term.

Pierluisi argued during his campaign that Vázquez wasn't fixing mistakes made by her administration during the coronavirus pandemic. Last month, the special independent prosecutor's office announced that it had launched a criminal investigation into allegations that Vázquez and her administration had mismanaged emergency supplies after Puerto Rico was struck by earthquakes in January.

Primary Preview

Primary Night: The One Where Ross Tries Not To Get Fired: Primaries are concluding on Tuesday in Alaska, Florida, and Wyoming for congressional and state offices, and as always, we've put together our preview of what to watch.

We'll be keeping a close eye on the GOP primary for Florida's 15th District, where freshman Republican Rep. Ross Spano, who is under federal investigation for allegedly violating campaign finance laws during his successful 2018 bid, faces a serious intra-party threat from Lakeland City Commissioner Scott Franklin. We'll also be watching the GOP primaries for the open 3rd and 19th Districts, as well as the contest to face Democratic Rep. Charlie Crist in the 13th District.

And the action isn't confined to the Lower 48. In Alaska, national Republicans are spending to deny renomination to members of the Democratic-led cross-partisan coalition that runs the state House. Check out our preview for more on these contests.

Our live coverage will begin at 7 PM ET Tuesday night at Daily Kos Elections when the polls close in most of Florida. You can also follow us on Twitter for blow-by-blow updates. And you'll want to bookmark our primary calendar, which includes the dates of the cycle's remaining down-ballot primaries, as well as our separate calendar tracking key contests further down the ballot taking place nationwide this year.

Senate

CO-Sen: Republican Sen. Cory Gardner, who has long had a dismal record on climate issues, is continuing to pitch himself as a supporter of the environment in his advertising campaign. Gardner's newest commercial features two conservationists praising him for securing "permanent funding for the Land and Water Conservation Fund."

GA-Sen-A, IA-Sen, MT-Sen: The Democratic group Duty and Honor is out with ads against three Republican incumbents:  Georgia's David Perdue, Iowa's Joni Ernst, and Montana's Steve Daines.

While Perdue has been running spots claiming he wants to cover pre-existing conditions, Duty and Honor takes him to task for trying to take those protections away. The Iowa commercial, meanwhile, goes after Ernst for "calling for Iowa schools to reopen, trying to score political points instead of prioritizing our kids' health and safety."

Finally, the Montana ad argues that Daines voted to give drug companies huge tax breaks when they're causing the opioid crisis and "raised their prices so high that nearly two-in-five Montanans can't afford their prescriptions."

GA-Sen-B: Sen. Kelly Loeffler uses her newest commercial to accuse Rep. Doug Collins, a fellow Republican, of working with Democrats to undermine her. The narrator begins, "The Trump Justice Department says Kelly Loeffler did nothing wrong," a reference to how the DOJ dropped its investigation into her sale of millions in stock just before the markets tanked due to the coronavirus pandemic.

The ad then goes on to say that Collins "voted with Stacey Abrams in the legislature and Nancy Pelosi in Congress," though it doesn't actually mention anything that Collins saw eye-to-eye with either Democrat on. The spot later features a clip of Donald Trump praising Loeffler for being "so supportive of me and the agenda." Trump hasn't taken sides in the November all-party primary, and he's also talked up Collins.

IA-Sen: The conservative group One Nation's newest commercial declares, "As an assault survivor and military veteran herself, Sen. Joni Ernst is standing up to sexual assault in the military." It goes on to show a clip of Ernst saying, "Abuse is not something you can simply forget."

NC-Sen, NC-Gov: East Carolina University has released a new survey of its home state:

  • NC-Sen: Cal Cunningham (D): 44, Thom Tillis (R-inc): 40 (June: 41-41 tie)
  • NC-Gov: Roy Cooper (D-inc): 52, Dan Forest (R): 38 (June: 49-38 Cooper)

The sample finds a 47-47 tie in the presidential race, which is a very small shift from Joe Biden's 45-44 edge in June.

TX-Sen: YouGov has released a new survey for the Texas Hispanic Policy Foundation and Rice University that finds Republican Sen. John Cornyn leading Democrat MJ Hegar 44-37, while Donald Trump holds a 48-41 edge in Texas. YouGov's July survey for CBS, which was taken just before Hegar won the Democratic primary runoff, had Cornyn up by a similar 44-36 margin, though Trump was ahead only 45-44.

WY-Sen: Last week, Donald Trump backed former Rep. Cynthia Lummis in Tuesday's GOP primary for this open seat. The former congresswoman has a few intra-party opponents in the contest to succeed retiring Sen. Mike Enzi in this extremely red state, but none of them appear to be very strong.

Lummis' most notable foe is Converse County Commissioner Robert Short, a self-described "centrist Republican." Lummis outspent Short, who has self-funded almost his entire campaign, $725,000 to $255,000 from July 1 to July 29, which is the time the FEC defines as the pre-primary period.

Gubernatorial

MO-Gov: The Republican firm Remington Research's newest poll for the Missouri Scout newsletter finds Republican incumbent Mike Parson leading Democrat Nichole Galloway 50-43, which is a small shift from Parson's 50-41 edge in June. The release did not include presidential numbers.

VT-Gov: Attorney John Klar announced Friday that he was endorsing Republican Gov. Phil Scott, who defeated him 73-22 in last week's primary, and would not run as a conservative independent in the general election.

House

MA-01: Holyoke Mayor Alex Morse has released a new survey from Beacon Research that finds Rep. Richie Neal, his opponent in the Sept. 1 Democratic primary, ahead by just a 46-41 margin. The poll was conducted over the weekend, after Morse accepted an apology from the Massachusetts College Democrats for the harm that followed the release of the organization's letter accusing Morse of inappropriate conduct toward students.

Meanwhile, the Justice Democrats, which said late last week that it was resuming its support for Morse, is spending another $150,000 on TV ads attacking Neal. Their newest spot says that "last year, Neal took more money from corporations than any other member of Congress—almost $2 million" while at the same time he "hasn't held a town hall in years."

MA-04: Former Alliance for Business Leadership head Jesse Mermell is airing her first TV spot ahead of the Sept. 1 Democratic primary. Mermell, who appears to be recording the ad using her smartphone, says that voters struggling to pick between the many candidates could opt for "the one who protected abortion and birth control coverage at Planned Parenthood."

To underscore just how crowded the race is, the audience sees several other copies of Mermell gradually appear in the shot to talk about her support for Medicare for all and the Green New Deal and her endorsements from "[Rep.] Ayanna Pressley, [state Attorney General] Maura Healey, Planned Parenthood, Mass Teachers, Mass Nurses, SEIU." Mermell, who by this time has three other images of herself behind her, concludes, "We approve this message because you got some good options, but one clear choice."

Meanwhile, businessman Chris Zannetos is trying to distinguish himself from his rivals by running to the center. In his new commercial, the narrator touts Zannetos as the one candidate opposed to "eliminat[ing] private health insurance." Zannetos goes on to say he backs Joe Biden's plan and says, "Let's expand Obamacare and lower the cost of prescription drugs."

MO-02: House Majority PAC has released a survey from the Democratic firm Public Policy Polling that shows Democrat Jill Schupp leading Republican Rep. Ann Wagner 48-45. The sample also finds Joe Biden ahead 48-46 in a suburban St. Louis seat that supported Donald Trump 53-42 but has been moving to the left in recent years. This is the first survey we've seen here since February, when the GOP firm Remington Research's poll for the Missouri Scout newsletter had Wagner up 50-40.

NH-01: On Monday, former state GOP vice chair Matt Mayberry earned an endorsement in the Sept. 8 Republican primary from former Sen. John Sununu, who represented a previous version of this seat before he was elected to his one term in the Senate in 2002.

Mayberry faces a challenging battle against former White House aide Matt Mowers, who has Donald Trump's backing, for the right to take on freshman Democratic Rep. Chris Pappas in this swing seat. Mowers ended June with a wide $440,000 to $73,000 cash-on-hand lead over his intra-party rival, while Pappas had a far-larger $1.5 million campaign account.

NJ-07: In his opening commercial, freshman Democratic Rep. Tom Malinowski decries, "Some people just want to divide us, even over wearing a mask. It's exhausting." Malinowski goes on to call for "getting things done" instead, and continues, "I passed a bill to fix America's stockpile of critical medical equipment."

Other Races

Broward County, FL State's Attorney: Eight Democrats are competing in Tuesday's primary to succeed Mike Satz, who is retiring after 44 years as Broward County's top prosecutor, and most of the outside money has favored one candidate.

George Soros, the billionaire progressive donor who has poured millions into backing criminal justice reformers in many recent key races around the country in recent years, has been funding a group called the Florida Justice & Public Safety PAC that has raised $750,000 to support defense attorney Joe Kimok. Kimok, who had planned to challenge Satz before the incumbent decided not to seek re-election, is the one candidate who has pledged not to seek the death penalty if elected.

Rafael Olmeda of the South Florida Sun-Sentinel reports that a group known as Victims Have Rights has raised a considerably smaller $110,000 to help veteran prosecutor Sarahnell Murphy, who has Satz's endorsement. The PAC has run mailers against Kimok and another contender, Coconut Creek City Commissioner Joshua Rydell.

Orange/Osceola Counties, FL State's Attorney: State Attorney Aramis Ayala is retiring as state's attorney for the Ninth Circuit, which covers both Orlando's Orange County and neighboring Osceola County, and four fellow Democrats are competing in Tuesday's party primary to succeed her. No Republicans are running in the November election, and the winner will be the heavy favorite to defeat independent Jose Torroella.

The Appeal's Samantha Schuyler writes that the one candidate who has pledged to keep Ayala's criminal justice reforms in place is former defense attorney Monique Worrell, and she's getting some major late support from like-minded allies.

The Orlando Sentinel reports that Our Vote Our Voice, a group funded in part by a group founded by billionaire philanthropist George Soros, launched a $1.5 million ad campaign in the last two weeks in the contest to help Worrell. Some of the group's commercials have gone towards promoting Worrell while others have gone after attorney Belvin Perry, who served as the judge during the high-profile Casey Anthony murder trial that took place here in 2011.

The other two Democratic candidates are Deb Barra, who serves as chief assistant state attorney, and former prosecutor Ryan Williams. Ayala initially backed Barra, but the incumbent later threw her support to Worrell after she launched her own campaign.

Barra, Perry, and Williams are all arguing that Ayala's decision never to seek the death penalty has harmed the office; Williams even resigned in 2017 over this policy. This trio has pointed to Ayala's struggles against the GOP-led state government to make their case. After Ayala announced that her office would not seek the death penalty, then-Gov. Rick Scott transferred 23 first-degree murder cases to a considerably more conservative state's attorney in another jurisdiction. The Florida Supreme Court sided with Scott after Ayala sued over this, and Gov. Ron DeSantis has continued to remove first-degree murder cases from her jurisdiction.

Worrell herself has said of the Republican governors' actions, "It put me on notice that the rules of the game have changed significantly … And those opposed [to criminal justice reform] will use any means necessary." However, Schuyler writes that even Worrell "is running on a platform that is significantly less assertive than Ayala's and has backed away from Ayala's death penalty position."

Election Changes

 Indiana: Republicans on the Indiana Election Commission have blocked a proposal by Democrats that would have allowed all voters to request an absentee ballot for the November general election without needing an excuse. The measure failed after the bipartisan panel deadlocked, with both Republican members voting against the plan and both Democrats voting for it. The Commission had unanimously waived the excuse requirement for the state's June primary.

Voting rights advocates filed a federal lawsuit challenging the requirement in late April, and briefing on their request concluded at the end of last month, so a ruling may be imminent.

 Kentucky: Democratic Gov. Andy Beshear and Republican Secretary of State Michael Adams have reached an agreement that will permit Kentucky voters to cite concerns about the coronavirus to request an absentee ballot for the November general election.

Beshear had wanted to waive the excuse requirement altogether, as the state had done for its June primary. However, a law passed earlier this year by Kentucky's Republican-run legislature required the governor to obtain approval for such a change from Adams, who had resisted a wider expansion of mail voting. The difference may nonetheless be minimal, as many other states have relaxed their own excuse requirements by allowing concerns about COVID to qualify and seen a surge in mail ballots.

 Louisiana: Republican Secretary of State Kyle Ardoin has proposed a plan to Louisiana's Republican-run legislature that would keep in place the state's requirement that voters present an excuse to request an absentee ballot and would expand eligibility only to those who have tested positive for COVID-19. Earlier this year, lawmakers approved a plan put forth by Ardoin that offered a limited expansion of absentee voting for the state's July primary for those at heightened risk from the coronavirus after Republicans rejected a broader proposal.

Legislators are slated to take up Ardoin's latest plan this week, and Democratic Gov. John Bel Edwards says he is reviewing it. Before it was released, Edwards said he hoped it "would look substantially similar to the one" put in place for the primaries. However, that earlier plan did not require the governor's approval, nor does the new one. Voting rights advocates, including the NAACP, filed a suit challenging Louisiana's excuse requirement in federal court earlier this month.

 New York: Democratic Gov. Andrew Cuomo says he will sign a measure passed by New York's Democratic-run legislature to allow all voters to cite concerns about the coronavirus in order to request an absentee ballot. Cuomo had signed an executive order earlier this year making the same allowance ahead of the state's June primary.

Last month, lawmakers passed several other bills to improve voting access, which the governor must sign or veto soon. Another measure that would allow county election officials to deploy ballot drop boxes has yet to come up for a vote, but Cuomo says he supports the idea.

grab bag

 Deaths: Former Illinois Gov. James Thompson, a moderate Republican whose tenure from 1977 to 1991 was the longest in state history, died Friday at the age of 84. We take a look at his lengthy and eventful career in our obituary, which features appearances by Spiro Agnew, Lyndon LaRouche, the founder of Weight Watchers, and Lenny Bruce.

Thompson successfully won four terms as governor, but his last two campaigns were quite eventful. In 1982, Thompson defeated former Democratic Sen. Adlai Stevenson III by just over 5,000 votes in a contest that wasn’t resolved until days before he was inaugurated for a third term.

Thompson and Stevenson faced off again four years later in a rematch that became infamous for reasons that had nothing to do with either man. While Stevenson easily earned the nomination, a candidate affiliated with the fringe political activist Lyndon LaRouche won the primary to become his running mate. Stevenson opted to run as an independent rather than “run on a ticket with candidates who espouse the hate-filled folly of Lyndon LaRouche.” You can find out more about this campaign, as well as the rest of Thompson’s career, in our obituary.

Ad Roundup

Voting Rights Roundup: Trump order to remove noncitizens from key census data sparks lawsuits

Leading Off

2020 Census: Donald Trump signed a new executive order on Tuesday directing the census to exclude undocumented immigrants from the data that determines how many House seats and Electoral College votes each state will get following the 2020 census.

Within days, civil rights advocates and Democratic officials filed separate federal lawsuits arguing both that Trump's order violates the Constitution because the 14th Amendment mandates counting the "whole number of persons" for reapportionment and that it intentionally discriminates against Latinos.

This order comes after Trump's failed attempt to add a citizenship question to the census last year, a move that documents showed was motivated because GOP operatives believed it would be "advantageous to Republicans and non-Hispanic whites" in redistricting.

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​While that effort imploded, Republicans still aim to let states such as Texas draw districts based strictly on the adult citizen population instead of the more diverse traditional total population, which would shift representation away from Democrats and Latinos in states with large immigrant populations. To that end, Trump issued a separate executive order last year directing the Census Bureau to match existing administrative records with 2020 census responses in order to determine citizenship status, a step that prompted litigation of its own.

But while the Supreme Court could ultimately allow the use of citizenship data for redistricting, it's unlikely to do so for reapportionment: A unanimous 2016 ruling saw even arch-conservative Justice Samuel Alito acknowledge that the 14th Amendment required using the total population for reapportionment purposes. But even if the justices did overturn hundreds of years of precedent, excluding undocumented immigrants from reapportionment would likely have a far smaller partisan impact nationally than citizen-based redistricting would within states such as Texas.

However, Trump's continued push for this change shows that the GOP will not give up in its fight to exclude noncitizens from redistricting and representation, and further litigation is certain. Additionally, Trump asked Congress for $1 billion in the next pandemic spending bill to ensure a "timely census," which suggests Trump is backing away from a potential delay in the deadlines by which the administration must deliver apportionment and redistricting data to the states.

The Census Bureau has previously said it didn't expect to be able to meet its year-end deadline to give the White House its reapportionment data, or the March 31, 2021 deadline for sending redistricting data to the states. Any such delays mean that Joe Biden could block the release of citizenship data if he defeats Trump and takes office on Jan. 20. However, if the first batch of census data is released on time, that would mean Trump would still be in office, meaning opponents would have to rely on court challenges to block him.

Voter Registration and Voting Access

Deaths: Following the death of Democratic Rep. John Lewis, who was one of the nation's most prominent supporters of voting rights both during the civil rights movement of the 1960s and his long career in Congress, Senate Democrats introduced a bill named in Lewis' honor to restore the protections of the Voting Rights Act that the Supreme Court gutted in 2013, a bill that House Democrats already passed last year.

Should the bill become law, it would be a fitting way to enshrine Lewis' legacy in public life. The Atlantic’s Adam Serwer aptly called Lewis “an American Founder” for his role in creating the modern American republic, which was no less than radically transformed by the passage of the Civil Rights Act and Voting Rights Act. These two landmark pieces of legislation ended the authoritarian one-party oligarchy that existed in the South under Jim Crow and finally established America as a liberal democracy nationwide—almost 200 years after the country's founding.

Lewis was one the leading figures in the civil rights movement for Black Americans from an early age. When he was just 23, he was the youngest speaker at the 1963 March on Washington, where Martin Luther King gave his legendary "I Have a Dream" speech. Two years later, he marched for voting rights in Selma, Alabama in 1965. There, law enforcement reacted to the peaceful protest by brutally attacking the marchers and beat Lewis nearly to death, fracturing his skull. But even real and repeatedly threatened violence did not deter his activism.

The events in Selma became known as Bloody Sunday, and TV news audiences around the country were so shocked by images of police brutality against the marchers that it galvanized the ultimately successful effort to pass the Voting Rights Act, which became law on Aug. 6, 1965. Civil rights leaders like Lewis and King deemed the Voting Rights Act the most important achievement of their movement because it protected the right that helped secure all the others that they were fighting for.

Lewis' career of activism for the cause of civil rights did not end with the 1960s, nor did his role as a protest figure end with his election to Congress in the 1980s: Even in his final decade, he led a sit-in on the House floor to protest the GOP's refusal to pass gun safety measures after a horrific mass shooting in Orlando left 49 dead and 53 wounded in 2016. Lewis would steadfastly make the case that the struggle for civil rights was an unending one, and his leadership inspired countless people who came after him. You can read more about Lewis' lifetime of activism in The New York Times and The Atlanta Constitution.

New York: Both chambers of New York's Democratic-run legislature have passed a bill to enact automatic voter registration, sending the measure to Democratic Gov. Andrew Cuomo for his likely signature. Senate Democrats had approved similar measures both this year and last, but Assembly Democrats refused to sign off until changes were made.

Part of the compromise between the chambers means the law wouldn't go into effect until 2023. However, automatic registration would involve a number of state agencies beyond just the DMV, which is critical since New York has one of the lowest proportions of residents who drive of any state.

Separately, Senate Democrats also passed a constitutional amendment that would let 17-year-olds vote in primaries if they will turn 18 by the general election, a policy that many other states have already adopted. The amendment would have to pass both chambers before and after the 2020 elections before needing the approval of voters in a referendum.

Felony Disenfranchisement

District of Columbia: Mayor Muriel Bowser has signed a bill into law that immediately restores voting rights for several thousand citizens and will require officials to provide incarcerated citizens with registration forms and absentee ballots starting next year. However, because the bill was passed as emergency legislation, it must be reauthorized after 90 days, though Council members plan to make it permanent soon.

With this law's passage, D.C. becomes only the third jurisdiction in the country after Maine and Vermont to maintain the right to vote for incarcerated citizens. It is also the first place to do so with a large community of color: The District is 46% African American, and more than 90% of D.C. residents currently disenfranchised are Black.

Voter Suppression

Alabama: The 11th Circuit Court of Appeals has ruled 2-1 to uphold a lower court ruling dismissing the NAACP's challenge to Alabama Republicans' voter ID law. The two judges in the majority, who were both appointed by Republicans, ruled that "no reasonable factfinder could find that Alabama’s voter ID law is unconstitutionally discriminatory," even though Judge Darrin Gayles, an Obama appointee, noted in dissent that one white GOP lawmaker who supported passing the law said that the lack of an ID requirement was "very beneficial to the Black power structure and the rest of the Democrats."

Republicans passed this law in 2011 to require a photo voter ID in nearly all circumstances, with the only exception being if two election officials sign an affidavit that they know the voter. However, the law didn't go into effect until 2014, after the Supreme Court's conservative majority gutted a key protection of the Voting Rights Act that had required states such as Alabama with a history of discriminatory voting laws to "pre-clear" all changes to voting laws and procedures with the Justice Department before implementing them.

The plaintiffs sued in 2015 by arguing that the law violated the Voting Rights Act and Constitution and presented evidence that Black voters were less likely to possess acceptable forms of ID than white voters. That year, Republicans sparked a backlash by trying to close 31 of the state's 75 driver's licensing offices, which subsequent reporting revealed was an effort by GOP Gov. Robert Bentley, who later resigned in disgrace, to pressure his legislative opponents, but Republicans ultimately reversed course amid litigation.

Election expert Rick Hasen called this latest decision "very troubling" because it ruled unequivocally for GOP officials without letting the case proceed to trial, despite the plaintiffs' evidence of both the intent and effect of racial discrimination against Black voters. The plaintiffs could seek to request that all judges on the 11th Circuit reconsider the ruling, or they could appeal directly to the Supreme Court. However, with Republican appointees holding majorities on both courts, their chance of success appears small.

Michigan: A panel of three judges on the Michigan Court of Appeals has ruled 2-1 along ideological lines to uphold Republican-backed voting restrictions that Democrats were challenging. The ruling maintains a limitation on what counts as proof of residency for voter registration. It also rejects Democrats' demand that the state start automatically pre-registering all citizens under age 18 who conduct business with the state's driver's licensing agency so that they will be automatically added to the rolls when they turn 18. Currently, only citizens aged 17-and-a-half or older are automatically registered.

Democrats have not yet indicated whether they will appeal to Michigan's Supreme Court. The high court has a 4-3 Republican majority, though one of the GOP justices has been a swing vote when similar issues have come before the court.

Tennessee: Voting rights advocates have filed a lawsuit in state court to require Tennessee officials to comply with a 1981 law that restores voting rights to people convicted of a felony in another state if they have had their rights restored in that state. The plaintiffs argue that the state's Republican-run government has failed to educate affected voters of the ability to regain their rights. They also charge that the state is requiring the payment of any legal fines or fees, even though such repayment isn't required under the law.

Texas: A federal district court has rejected a Republican motion to dismiss a Democratic-backed lawsuit seeking to require that Texas allow voters to register online via a third-party website. The case concerns the website Vote.org, which allows applicants to fill out a registration form and then (on its end) automatically prints it and mails it to local election officials. However, the GOP-run secretary of state's office rejected thousands of such applications shortly before the registration deadline in 2018 on the grounds that the signatures were transmitted electronically rather than signed with pen on paper.

Democrats argue that these rejections violate both state and federal law. They note that the secretary of state already allows electronic signatures if they're part of applications when voters register in-person through the state's driver's licensing agency. Texas Republicans have long resisted online registration, making it one of just a handful of states that doesn't offer it to most voters. As a result, the Lone Star State is home to a majority of the Americans who live in states without full online registration.

Electoral Reform

Massachusetts: Massachusetts officials have approved an initiative for the November ballot that would enact a statute implementing instant-runoff voting in elections for Congress and state office. It would also apply to a limited number of local contests such as countywide posts for district attorney and sheriff, but not those at the municipal level, which is the primary unit of local government in New England. If adopted, the new system would come into effect in time for the 2022 elections and would make Massachusetts the second state after Maine to adopt this reform.

Redistricting

New York: Democratic legislators in New York swiftly passed a constitutional amendment with little debate that would increase the likelihood that they could exercise full control over redistricting after 2020 and gerrymander the state's congressional and legislative maps. However, the amendment's provisions are more complicated than an attempt to just seek partisan advantage, and it still has a ways to go before becoming law.

New York has a bipartisan redistricting commission that proposes maps to legislators for their approval. Legislative leaders from both parties choose the members, and the 2014 amendment that enshrined it in the state constitution requires two-thirds supermajorities for legislators to disregard the commission's proposals and enact their own if one party controls both legislative chambers, as Democrats currently do. The biggest partisan impact this new amendment would have involves lowering that threshold to three-fifths.

Democrats hold a two-thirds supermajority in the Assembly but currently lack that in the state Senate. However, they exceed three-fifths in the upper chamber, meaning they would gain control over redistricting if the amendment were law today. However, there's a good chance the lowered threshold would be irrelevant for the next round of redistricting.

That's because Democrats have a strong opportunity to gain a Senate supermajority in November, thanks to a large number of Republican retirements in swing districts and an overall political climate that favors Democrats. Still, lowering the supermajority requirement to three-fifths could still prove decisive in the future, especially if Democrats fall short of their hopes this fall, so it's therefore fair to describe the move as an attempt by Democrats to gain greater control over redistricting.

Nevertheless, several other provisions in this amendment promote nonpartisan goals that would strengthen redistricting protections regardless of who draws the lines, complicating the case for whether or not New York would be better off in the short term if the amendment were to become law. Most importantly, the amendment would let New York conduct its own census for redistricting purposes if the federal census does not count undocumented immigrants, as Trump has ordered.

It also enshrines an existing statute that bans prison gerrymandering by counting incarcerated people for redistricting purposes at their last address instead of in prisons that are largely located in whiter rural upstate communities, restoring representation to urban communities of color. In addition, it freezes the number of senators at the current 63; in the past, lawmakers have expanded the size of the body in an attempt to gain a partisan advantage. Finally, it sharply limits the splitting of cities between Senate districts, something the GOP used extensively in their successful bid to win power (supported by several renegade Democrats) after the last round of redistricting.

Democrats would need to pass this same amendment again in 2021 before putting it on the ballot as a referendum that year, meaning it could pass without GOP support, but it would still require voter approval. If enacted, it would immediately take effect.

North Carolina: Earlier this month, Democratic Gov. Roy Cooper signed a bill passed almost unanimously by North Carolina's Republican legislature to undo one of the GOP's many gerrymandering schemes, specifically one involving gerrymandering along racial lines in district court elections in Mecklenburg County. The GOP's about-face came as Republicans were facing a near-certain loss in state court for infringing on Black voters' rights in violation of the Voting Rights Act.

Mecklenburg County is a Democratic stronghold that's home to Charlotte and more than one million residents. In 2018, Republican lawmakers changed Mecklenburg's procedures for judicial elections from a countywide system to one in which the county is split into separate judicial districts, even though all of the elected judges still retain countywide jurisdiction. The GOP's 2018 law gerrymandered the districts in an attempt to elect more white Republicans in place of multiple Black Democratic incumbents—precisely what came to pass that November.

Republicans had already agreed to revert back to countywide elections for 2020 while their case proceeded, but the lawsuit is moot now that Republicans have repealed the law in question. This GOP defeat means Republican legislators this past decade have lost lawsuits over their gerrymandering once or even multiple times at virtually every level of government in North Carolina, including for Congress, state legislature, county commission, city council, local school board, and, as here, judicial districts.

Ballot Access

West Virginia: A federal district court has denied the GOP's motion for summary judgment in a lawsuit in which Democrats are challenging a law that gives the party that won the last presidential election in the state—which has voted Republican in every race since 2000—the top spot on the ballot in every partisan contest. Barring a settlement, the case will now proceed to trial, which was previously set for July 27.

The plaintiffs argue that this system violates the First and 14th Amendments because candidates listed first can enjoy a boost in support that can prove decisive in close elections, particularly in downballot races where voters have much less information about the candidates than they do for the top of the ticket.

Court Cases

Maine: Maine Republicans have filed yet another lawsuit in federal court arguing that instant-runoff voting violates the U.S. Constitution and should be blocked in November, when it will be used in all federal races. Democratic Secretary of State Matt Dunlap recently determined that Republicans were roughly 2,000 voter signatures shy of the 63,000 signatures needed to put a veto referendum on the ballot in November that would suspend the use of IRV for the Electoral College until voters weigh in, but the GOP will separately challenge his decision in state court.

The federal suit is just the latest in the GOP's long running campaign against IRV after voters approved it in a 2016 ballot initiative for state and congressional races (a state court later blocked it for state-level general elections). However, they may not have much more success than former Republican Rep. Bruce Poliquin did when he argued that IRV was unconstitutional after he lost the 2018 election to Democratic Rep. Jared Golden once all instant-runoff calculations were completed. In that case, a federal court thoroughly rejected Poliquin's arguments that IRV violated voters' First and 14th Amendment rights.

ELECTION CHANGES

Please bookmark our litigation tracker for a complete summary of the latest developments in every lawsuit regarding changes to elections and voting procedures as a result of the coronavirus.

Arkansas: A panel of three GOP-appointed judges on the 8th Circuit Court of Appeals has unanimously overturned a district court ruling that made it easier for redistricting reformers to gather signatures for a ballot initiative to create an independent redistricting commission. The lower court's ruling, which the 8th Circuit had already temporarily blocked while the appeal proceeded, had suspended a requirement that voter petition signatures be witnessed in-person, enabling supporters to sign the forms at home and mail them in.

Republican Secretary of State John Thurston had recently thrown out all signatures gathered for the redistricting reform initiative and a separate initiative to adopt a variant of instant-runoff voting, and initiative supporters are separately challenging that decision in state court. Organizers have not announced whether they will appeal this latest federal court ruling.

New Hampshire: Republican Gov. Chris Sununu has signed a law passed by New Hampshire's Democratic-run legislature that will allow voters to use a single application to receive absentee ballots for both the Sept. 8 state primary and Nov. 3 general election.

North Carolina: North Carolina's Board of Elections has issued a rule that every county this fall must have at least one early voting location for every 20,000 registered voters and that smaller counties only operating one location must provide for a backup location and extra staff as a precaution.

Oregon: A panel of three judges on the 9th Circuit Circuit Court of appeals has ruled 2-1 against Democratic officials' request to block a lower court ruling that resulted in officials having to lower the number of signatures and extend the deadline to collect them for a ballot initiative to establish an independent redistricting commission. It's possible that the Supreme Court could block the district court's ruling if Oregon Democrats appeal, but they have yet to indicate whether they will do so.

Pennsylvania: The Pennsylvania Democratic Party has filed a lawsuit in state court seeking to effectively short-circuit a federal lawsuit that the Trump campaign and several GOP Congress members recently filed to restrict voting access, which the federal district court recently agreed to expedite.

Democrats are asking the appellate-level Pennsylvania Commonwealth Court to guarantee that counties can set up drop boxes for returning mail ballots; count ballots that are postmarked by Election Day and received within a few days afterward; give voters a chance to fix problems with mail ballot signatures; count mail ballots lacking an inner secrecy envelope; and prohibit voters from serving as poll watchers in a county where they aren't a resident. The GOP's federal lawsuit is trying to block drop boxes and allow out-of-county poll watchers, which is likely intended to facilitate voter intimidation.

Rhode Island: Voting rights groups have filed a lawsuit in federal court challenging Rhode Island's requirement that mail voters have their ballots signed by two witnesses or a notary, something that very few other states require. The plaintiffs argue that this requirement violates the Constitution during the pandemic, and they're asking the court to waive it for the Sept. 1 primary and November general election.

Tennessee: A federal district court judge has sided against civil right groups seeking to ease access to absentee voting ahead of the state's Aug. 6 primary, ruling that the plaintiffs waited too long to bring their challenge, but the court allowed the case to proceed for November. The plaintiffs wanted the court to require that voters be notified and given a chance to correct any problems with their mail ballots and also allow third-party groups to collect and submit absentee ballots on behalf of voters.

Texas: The 5th Circuit Court of Appeals has agreed with state Democrats' request to expedite consideration of the GOP's appeal of a lower court ruling that had ordered that all voters be allowed to vote absentee without needing an excuse instead of only voters aged 65 and up. The expedited timeline means there's a chance of a resolution in time for November.

Morning Digest: Nevada Democrats won big in 2018. Our new data shows they may again in 2020

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

Leading Off

Senate-by-LD, Governor-by-LD: Nevada was a huge success story for Team Blue in 2018, with Democrats making big gains in both houses of the legislature at the same time that the party was flipping the U.S. Senate seat and governor's office. And as our new data, which was crunched for us by elections analyst Bill Coningsby, illustrates, Democrats have opportunities to pick up more seats this fall.

Democrats currently hold a 13-8 majority in the Senate, which is just one seat shy of the two-thirds majority needed to pass certain revenue-related measures that the GOP blocked in the previous sessions of the legislature without any GOP votes. In the state Assembly, though, Team Blue has a 29-13 supermajority.

We'll start with a look at the Senate, where half the chamber was up in 2018 while the rest of the seats will be on the ballot this fall. Democrat Jacky Rosen carried 15 of the 21 seats while she was unseating GOP Sen. Dean Heller 50-45, while Democrat Steve Sisolak took those very same districts while he was being elected governor 49-45 over Adam Laxalt. The median district backed Rosen by 53-43 and Sisolak by 52-44, placing it somewhat to the left of the state overall.

Two Republicans sit in Rosen/Sisolak seats, while no Democrats hold Heller/Laxalt districts. The only one of that pair of Republicans up this year is Heidi Gansert, who holds Senate District 15 in the Reno area. This constituency supported Rosen 51-45, while Sisolak took it 50-45; four years ago, the district also backed Hillary Clinton 47-44 while Gansert was winning by a convincing 53-42. This cycle, the Democrats are fielding Wendy Jauregui-Jackins, who lost a close primary for Washoe County assessor last cycle.

The other Republican on unfriendly turf is Keith Pickard, who won a four-year term in 2018 by 24 votes. That year, Rosen and Sisolak carried his SD-20 50-47 and 50-46, respectively.

Democrats do have a few potentially competitive seats to defend this year. Senate Majority Leader Nicole Cannizzaro won SD-06 51-49 as Clinton was pulling off a 50-45 victory. Last cycle, though, the seat backed Rosen 53-44, while Sisolak took it by a similar 52-44 spread. Democrats will also be looking to keep the open SD-05, which supported Clinton just 48-46 but went for Rosen and Sisolak 53-43 and 52-44.

We'll turn to the 42-person Assembly, where members are elected to 2-year terms. Both Rosen and Sisolak carried the same 29 districts, while Heller and Laxalt took the remaining 13 districts. The two median districts backed Rosen by 54-42 and Sisolak by 53-41, placing them several points to the left of Nevada overall.

One assemblymember from each party holds a seat that was carried by the other side's statewide nominee. On the Democratic side, incumbent Skip Daly won 52-48 in a seat Heller and Laxalt took 49-47 and 49-45; Trump won by a larger 49-43 margin here in 2016. Meanwhile, Republican Assemblyman John Hambrick is termed-out of a seat that backed both Rosen and Sisolak 49-48 but where Trump prevailed 49-46.

We'll also take a quick look at the state's four congressional seats. The 3rd District, which is located in Las Vegas' southern suburbs, backed both Rosen and Sisolak 50-46, which was a shift to the left from Trump's 48-47 win. The 4th District supported Rosen 51-44, while Sisolak took it 50-44; the seat went for Clinton by a similar 50-45 margin in 2016. The 1st District went overwhelmingly for the Democratic ticket, while Republicans had no trouble carrying the 2nd District.

P.S. You can find our master list of statewide election results by congressional and legislative district here, which we'll be updating as we add new states. Additionally, you can find all our data from 2018 and past cycles here.

Election Changes

Please bookmark our litigation tracker spreadsheet for a compilation of the latest developments in major lawsuits over changes to election and voting procedures, along with our statewide 2020 primary calendar and our calendar of key downballot races, all of which we're updating continually as changes are finalized.

Alabama: Civil rights advocates have filed a lawsuit in state court seeking to loosen Alabama's restrictions on mail voting during the pendency of the pandemic. The plaintiffs want the court to order the state to suspend requirements that voters present an excuse to request an absentee ballot, have their ballot envelope notarized, and include a photocopy of their ID with their ballot. Additionally, the plaintiffs want 14 days of in-person early voting, which Alabama currently offers none of, along with drive-through voting and other measures to make voting safe for those not voting by mail.

Florida: Officials in Hillsborough and Pinellas Counties, which are home to the greater Tampa area and one in every nine registered voters in Florida, have announced that both counties will pay for postage on mail-in ballots. Officials in the southeastern Florida counties of Broward, Miami-Dade, and Palm Beach, which are home to around a quarter of Florida voters, had previously announced measures to implement prepaid postage and also mail out applications for mail ballots to voters or households who had yet to request one.

Montana: Montana's Supreme Court has reversed a lower court ruling that had allowed absentee mail ballots to count if they were postmarked by Election Day and received within a few days afterward. As a result, voters in the June 2 primary, which is taking place almost entirely by mail, will have to make sure election officials receive their ballots by Election Day.

The Supreme Court, however, did not rule on the merits of the plaintiffs' request but rather explained that it was reinstating the original deadline to avoid voter confusion and disruption to election administration. Plaintiffs will still have a chance to make their case that the ballot receipt deadline should be extended for the November general election.

New Jersey: Democratic Gov. Phil Murphy has announced that he has no further plans to alter procedures for the July 7 primary. Murphy recently ordered the election to take place largely by mail with active registered voters belonging to a party being sent ballots and inactive or unaffiliated voters getting sent applications, while municipalities operate at least one in-person voting each.

New Mexico: Rep. Ben Ray Luján, who is the presumptive Democratic nominee for Senate in New Mexico, is urging Democratic Secretary of State Maggie Toulouse Oliver to delay the deadline to return absentee mail ballots, saying he has heard reports of voters failing to receive a mail ballot in time even though the primary is taking place just days away on June 2.

A spokesperson for Toulouse Oliver says that extending the deadline, which currently requires ballots to be received by Election Day rather than simply postmarked by that date, would require legislative action. However, the state legislature isn't in session, and there's no indication yet whether Luján or anyone else will file a last-minute lawsuit instead.

North Carolina: North Carolina's Republican-run state House has almost unanimously passed a bill that would make it easier to vote absentee by mail. In particular, the bill would ease—though not eliminate—the atypical requirement that absentee voters have a notary or two witnesses sign their ballot envelope by allowing only one witness instead.

However, the bill also makes it a felony for election officials to mail actual ballots to voters who haven't requested one, which would prevent Democratic officials in charge of running elections from conducting elections by mail. Activists had also called on lawmakers to make other changes such as prepaying the postage on mail ballots or making Election Day a state holiday, but Republican legislators refused.

Even if it becomes law, this bill is not likely to be the final word on voting changes in North Carolina. Two separate lawsuits at the federal and state levels are partially or wholly challenging the witness requirement, lack of prepaid postage, and other absentee voting procedures.

South Carolina: South Carolina's all-Republican state Supreme Court has rejected a Democratic lawsuit seeking to waive the requirement that voters under age 65 provide a specific excuse to vote absentee by mail in June's primary. The court ruled that the issue was moot after the Republican-run state legislature recently passed a law waiving the excuse requirement for the June 9 primary and June 23 runoffs. However, that waiver will expire in July, so Democrats are likely to continue pressing their claim in either state court or a separate federal lawsuit for November.

Texas: Texas' all-Republican Supreme Court has sided with Republican state Attorney General Ken Paxton in determining that lack of coronavirus immunity doesn't qualify as an excuse for requesting a mail ballot under the state's definition of "disability." Consequently, all voters must present an excuse to vote by mail except for those age 65 or older, a demographic that favors Republicans.

While the ruling did note that it's up to voters to decide whether or not to "apply to vote by mail based on a disability," that may not be much of a silver lining, because Paxton has repeatedly threatened activists with criminal prosecution for advising voters to request mail ballots. If campaigns and civic groups limit their outreach as a result of Paxton's threats, then even voters still entitled to mail ballots may not learn about the option.

However, in one positive development for voting access, the court ruled that Paxton couldn't tell officials in five counties not to send absentee ballots to voters citing disability even for coronavirus, since Texas' absentee application doesn't ask what a voter's disability is. In addition, separate federal litigation remains ongoing after a lower court blocked the absentee excuse requirement. The 5th Circuit Court of Appeals is set to rule soon on whether to in turn block that ruling for the state's July 14 primary runoff.

Virginia: Conservatives filed a federal lawsuit earlier this month seeking to block Virginia from implementing its absentee voting plan for the state's June 23 primary, specifically targeting instructions that voters "may choose reason '2A My disability or illness' for absentee voting." Although a new law was passed this year to permanently remove the excuse requirement, it doesn't go into effect until July. Consequently, the plaintiffs argue that the current law is being impermissibly interpreted to let those concerned about coronavirus cite it as an excuse to obtain an absentee ballot when they aren't physically ill themselves and don't otherwise qualify.

Wisconsin: Wisconsin's bipartisan Elections Commission has unanimously voted to send applications for absentee mail ballots to all registered voters, which requires a photo ID. However, the commissioners still must decide on the wording of the letter sent to voters, and a deadlock over the language could prevent the commission from sending anything at all. Notably, the Republican commissioners' votes to mail applications comes after the major Democratic stronghold of Milwaukee and some other Democratic-leaning cities had already moved to do so, so the GOP may face pressure to extend the practice statewide.

Senate

GA-Sen-A: Investigative filmmaker Jon Ossoff talks about the murder of Ahmaud Arbery in his new ad for the June 9 Democratic primary. Ossoff tells the audience that his business involves investigating corruption, "And when a young black man in Georgia is shot dead in the street, but police and prosecutors look the other way? That's the worst kind of corruption." He continues by pledging to "work to reform our criminal justice system" in the Senate.

KS-Sen: On Thursday, just days ahead of the June 1 filing deadline, state Senate President Susan Wagle announced that she was dropping out of the August GOP primary. Wagle's move is good news for state and national party leaders, who are afraid that a crowded field will make it easier for former Kansas Secretary of State Kris Kobach to win the primary.

Wagle's decision came weeks after Kansas GOP chair Mike Kuckelman asked her to leave the race in order "to allow our Party to coalesce behind a candidate who will not only win, but will help Republicans down the ballot this November." Wagle's campaign responded to Kuckelman's appeal at the time by saying she wasn't going anywhere and adding, "Others can speculate on his motives, but it may be as simple as he doesn't support strong, pro-life conservative women."

On Thursday, though, Wagle herself cited the party's need to avoid a "primary fight that will divide our party or hurts my colleagues in the state legislature" as one of her main reasons for dropping out. Wagle also argued that a competitive nomination fight would help Democratic state Sen. Barbara Bollier in the fall.

Wagle's departure came hours after Rep. Roger Marshall, who looks like Kobach's main rival, picked up an endorsement from Kansans For Life, a development the Kansas City Star's Bryan Lowry characterized as a major setback for Wagle.

The organization, which Lowry called the state's "leading anti-abortion group," notably backed both Kobach and then-Gov. Jeff Colyer in the 2018 gubernatorial primary. Kobach won that contest by less than 350 votes before losing the general election to Democrat Laura Kelly, and Lowry says that plenty of state Republican operatives believe things would have turned out very differently if KFL had only supported Colyer.

Meanwhile, Bollier's second TV ad touts her as a "sensible centrist" and a "leading moderate voice."

ME-Sen: A progressive group led by former Portland Mayor Ethan Strimling is out with a survey from Victory Geek that shows Democratic state House Speaker Sara Gideon leading GOP Sen. Susan Collins 51-42. The poll also tested 2018 gubernatorial candidate Betty Sweet, who is a longshot candidate in the July Democratic primary, and found her edging Collins 44-43; Strimling disclosed that he was close to Sweet and had contributed to her campaign.

This is the first poll we've ever seen from Victory Geek, a firm Strimling characterized as "a non-partisan data and telecom provider with mostly conservative clients." Strimling called this survey a "joint left/right partnership" between Victory Geek and his progressive organization, "Swing Hard. Run Fast. Turn Left!"

The is also the first poll we've seen here in close to three months, so we don't have a good sense if Collins really is badly trailing. Indeed, the only other numbers we've seen from Maine all year were a February SocialSphere poll that had Gideon up 43-42 and an early March survey from the Democratic firm Public Policy Polling that had her ahead 47-43. While it's very clear that Collins is in for the fight of her career, we need more data before we can call her an underdog.

Gubernatorial

MO-Gov: The conservative pollster We Ask America finds GOP Gov. Mike Parson leading Democrat Nicole Galloway 47-39, while Donald Trump edges Joe Biden 48-44. The only other poll we've seen here in the last month was a late April survey from the GOP firm Remington Research for the Missouri Scout tipsheet that showed Parson ahead 52-39.

VT-Gov: On Thursday, which was the candidate filing deadline, GOP Gov. Phil Scott confirmed that he'd seek a third two-year term. While Scott waited until now to make his plans official, there was never any serious talk about him stepping aside. Scott also pledged that he wouldn't bring on "a campaign staff or office, be raising money, or participating in normal campaign events" until the current state of emergency is over.

House

HI-02: On Thursday, VoteVets endorsed state Sen. Kai Kahele in the August Democratic primary. Kahele currently faces no serious intra-party opposition for this safely blue open seat, though it's always possible someone could launch a last-minute campaign before the filing deadline passes on Tuesday.

IA-04: Politico reports that Iowa Four PAC, a group run by former GOP state House Speaker Christopher Rants, has launched a $20,000 TV buy against white supremacist Rep. Steve King ahead of Tuesday's GOP primary. The commercial declares that it's "sad that Steve King lost his committee assignments in Congress and embarrassed Iowa." The narrator also says that "President Trump stopped allowing Steve King to fly on Air Force One." The rest of the ad touts state Sen. Randy Feenstra as a reliable Trump ally.

Meanwhile, 2018 Democratic nominee J.D. Scholten, who doesn't face any intra-party opposition next week, has launched what Inside Elections' Jacob Rubashkin reports is a $50,000 TV buy. The 60-second ad, which is narrated by "Field of Dreams" star Kevin Costner, is a shorter version of Scholten's launch video. The spot features images of western Iowa and its people and declares that the area is "rooted within us. Within him."

IN-01: Former Sen. Joe Donnelly endorsed Hammond Mayor Thomas McDermott on Monday ahead of next week's Democratic primary. Meanwhile, the Voter Protection Project has announced that it will spend "six figures" on mailers supporting state Rep. Mara Candelaria Reardon.

IN-05: The anti-tax Club for Growth began targeting former Marion County Prosecutor Carl Brizzi a little while ago, and it recently went up with a commercial targeting businesswoman Beth Henderson, who is another candidate in next week's GOP primary. Roll Call's Jessica Wehrman writes that the Club, which backs state Sen. Victoria Spartz, has spent $400,000 on ads for this contest.

The ad shows an old clip of Henderson from just before the 2016 Indiana presidential primary saying of Donald Trump, "I don't like his outbursts and his inappropriateness with the public and … his scruples." The narrator goes on to argue that Henderson "even went on Facebook to support a liberal group that called for Trump's impeachment."

Spartz, who has self-funded most of her campaign, has decisively outspent her many opponents in this competitive open seat. A recent poll for the Club also showed her leading Brizzi 32-14 as Henderson took 13%, and no one has released any contradictory numbers.

Henderson is also acting like Spartz is the one to beat here. Henderson made sure to inform voters in a recent ad that she was born in the United States in what appears to be a not-very subtle shot at Spartz, who has discussed leaving her native Ukraine in her own commercials.

NY-24: 2018 nominee Dana Balter is out with her second TV spot ahead of the June 23 Democratic primary to face GOP Rep. John Katko.

Balter tells the audience that she has a pre-existing condition and continues, "I know the fear of living without insurance, so it's personal when John Katko repeatedly votes to sabotage Obamacare and put coverage for pre-existing conditions at risk." Balter declares that she came closer to defeating Katko last cycle than anyone ever has, and pledges "we'll finish the job so everyone has good healthcare."

NV-03: The conservative super PAC Ending Spending recently launched an ad against former state Treasurer Dan Schwartz ahead of the June 9 GOP primary, and Politico reports that the size of the buy for the TV and digital campaign is $300,000.

UT-04: Former Rep. Mia Love has endorsed state Rep. Kim Coleman in the June 30 GOP primary to take on freshman Rep. Ben McAdams.

DCCC: The DCCC has added another six contenders to its program for top candidates:

  • AK-AL: Alyse Galvin
  • AR-02: Joyce Elliott
  • MT-AL: Kathleen Williams
  • NC-08: Pat Timmons-Goodson
  • NE-02: Kara Eastman
  • OH-01: Kate Schroder

Kathleen Williams, who was the 2018 nominee for Montana’s only House seat, does face a primary on Tuesday against state Rep. Tom Winter. However, Winter has struggled with fundraising during the contest.

Judicial

MI Supreme Court: On Tuesday, the Michigan Democratic Party announced its endorsements for the two state Supreme Court seats on the ballot in November, backing Chief Justice Bridget Mary McCormack and attorney Elizabeth Welch. Both Democratic-backed candidates will face off against two Republican-supported candidates in elections this fall that are nominally nonpartisan and let voters select up to two candidates elected by plurality winner. If McCormack is re-elected and Welch wins office to succeed a retiring GOP justice, Democrats would gain a 4-3 majority on the bench.

A Democratic majority would have major implications for battles over redistricting and voting access, two topics that are currently the subject of active lawsuits at both the state and federal levels in Michigan. While Michigan has a new independent redistricting commission, Republicans are currently suing in federal court to strike it down, something that isn't outside the realm of possibility given the conservative U.S. Supreme Court majority, but a Democratic state court could serve as a bulwark against unfair maps in such a scenario.

Grab Bag

Deaths: Former Rep. Sam Johnson, a Texas Republican who represented Dallas' northern suburbs from 1991 to 2019, died Wednesday at the age of 89. Johnson was the last Korean War veteran to serve in Congress, as well as a founding member of what later became the influential Republican Study Committee.

Johnson was serving as a fighter pilot in Vietnam in 1966 when his plane was shot down and he was captured by North Vietnamese forces. Johnson spent almost seven years as a prisoner of war, a period that included physical and mental torture. Johnson and another future Republican politician, John McCain, also shared a tiny cell for 18 months.

Johnson was released in 1973, and he went on to become a homebuilder back in Texas. Johnson was elected to the state House in 1984, and he sought an open U.S. House seat in a 1991 special election after Republican Steve Bartlett resigned to become mayor of Dallas. Johnson took second in the all-party primary against a fellow Vietnam veteran, former Reagan White House aide Tom Pauken, and the two met in an all-Republican general election. Johnson emphasized his military service and won 53-47, and he never had trouble winning re-election for the rest of his career.

In 2000, Johnson notably endorsed George W. Bush over McCain, saying of his former cellmate, "I know him pretty well … and I can tell you, he cannot hold a candle to George Bush." Three years later, though, McCain would say of the Texan, "I wasn't really as courageous as Sam Johnson." Johnson would ultimately back McCain in the 2008 primaries, arguing it was "time to get behind the front-runner."

Republican Elise Stefanik Wants ‘Independent Investigation’ Into Cuomo’s Nursing Home Policies

Republican New York Representative Elise Stefanik is calling for an “independent investigation” into Democratic New York Governor Andrew Cuomo’s nursing home policies.

Stefanik Think Gov. Cuomo’s Bad Policy Led to More Deaths and Flawed Data

Stefanik said Tuesday that an investigation is necessary after reports suggested that her state was undercounting the number of COVID-19-related deaths in assisted living facilities.

New York leads the country in nursing home deaths, with over 5,000 reported.

RELATED: Federal Intel Boss Confirms Investigation Is Underway Into Whether COVID-19 Outbreak Was ‘Result Of An Accident’ In Wuhan, China Lab

Stefanik told Fox News’ “Fox & Friends“ on Tuesday, “New York has mismanaged how we have approached and how we’ve protected our seniors in our nursing homes. We knew, going into this, that our most vulnerable are our seniors and particularly in those assisted living facilities, whether they’re senior living facilities or nursing homes.”

Cuomo originally required nursing homes to admit COVID-19 patients, but the governor reversed that policy in early May.

“New York, when compared to other states, took a number of negative actions that cost over 5,000 lives,” Stefanik said. “They also didn’t fully tell the public how many seniors’ deaths there were coming from nursing homes. So that reporting data, they didn’t count the hospital deaths when there was a positive case that was transmitted because of the senior nursing home.”

RELATED: Hawley: China Must Be Investigated for Role in Coronavirus Pandemic

Stefanik: ‘It’s not just Republicans who are calling for this independent investigation. It’s Democrats as well’

Stefanik also said that she does not believe a fair investigation will happen if directed by current Democratic New York Attorney General Letitia James.

“I’ve heard from families who are still grieving for loss of their loved ones and they deserve answers,” Stefanik said. “And it’s not just Republicans who are calling for this independent investigation. It’s Democrats as well.”

“It cannot be conducted by New York’s attorney general either,” she added. “It needs to be an independent investigation.”

“I’m calling for the Department of HHS to conduct this independent investigation, but I think it needs to come from the federal government,” Stefanik finished.

The post Republican Elise Stefanik Wants ‘Independent Investigation’ Into Cuomo’s Nursing Home Policies appeared first on The Political Insider.