Morning Digest: Why Montana is the only state in the union without new legislative maps

Posted on June 2, 2022 by Daily Kos Elections

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

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Leading Off

● MT Redistricting: For the first time in 40 years, Montana enjoyed the right to draw a congressional map following the 2020 census, thanks to population growth that bumped up its representation in the House from one seat to two. But while that task was completed all the way back in November, the state still lacks new maps for its legislature—and won't have any until next year. In fact, Montana is the only state in the nation that hasn't finished legislative redistricting. So what gives?

Fortunately, law professor Quinn Yeargain has the answer. In 1972, Montana adopted a new constitution that gave power over redistricting to an evenly divided bipartisan commission, which is obligated to submit legislative maps to lawmakers "at the first regular session after its appointment or after the census figures are available." The problem, however, is that the constitution also mandates the legislature meet for just 90 days at a time in odd-numbered years, starting in early January and ending in late April.

Practically speaking, therefore, there's no way the redistricting commission could finish its work that quickly, and in 2021, that would have been literally impossible, since the Census Bureau didn't release the detailed data needed to draw new lines until August. Even in the previous decade, when the census wasn't hampered by a pandemic and presidential interference, Montana didn't receive the necessary data until mid-March.

Making matters even more absurd, as Yeargain points out, when lawmakers receive maps from the commission, they can only make "recommendations" for changes—recommendations the commissioners are free to ignore. The entire process, therefore, will be put off until the legislature's next session in 2023, simply to allow legislators to play an entirely advisory role that may have no impact whatsoever.

The practical consequences of this delay, however, are considerable. As shown in this map of Montana's state House, many districts are severely under- or over-populated, with 56 of 100 outside the 10% deviation between the smallest and largest districts that courts typically allow; the situation in the Senate is similar.

Under the longstanding constitutional doctrine of "one person, one vote," these imbalances make Montana ripe for a lawsuit demanding the state draw new districts immediately after each census, like every other state does. No one has brought such a case this time, though, and with the state's primary next week, it's now too late. But in the coming decade, such a challenge could very well succeed.

Senate

● OH-Sen: The first post-primary poll of Ohio's open Senate race finds Republican nominee J.D. Vance with a small 42-39 lead on Democratic Rep. Tim Ryan, though 17% of voters have yet to make up their minds, according to Suffolk University. While Vance's 3-point margin might seem alluring, we always caution never to judge a race based on a single poll. That's all the more so when there's a sizable pile of undecideds, since they're more likely to lean Republican given Ohio's overall red tilt.

Governors

● GA-Gov: Democrat Stacey Abrams has launched her first TV ad since winning last month's primary, and the spot blasts Republican Gov. Brian Kemp for having "made it easier for criminals to carry guns in public," vowing to criminalize abortion, and providing "tax cuts for himself and his ultra-wealthy friends." Notably, this ad is from Abrams' One Georgia leadership committee, which can raise and spend unlimited contributions from donors now that the primaries are over thanks to a law that Kemp himself signed in 2021 in an attempt to gain his own fundraising advantage.

● FL-Gov: We're not quite sure what to make of this, but the Florida Education Association, which is the state's largest teachers union, says it's "backing" Democratic Rep. Charlie Crist's bid for governor but stresses that it's not giving Crist its "formal endorsement." We're accustomed to this sort of parsing from politicians, but we can't recall ever seeing a labor union—especially not one with 150,000 members—engage in this kind of hair-splitting.

● IL-Gov: Hedge fund billionaire Ken Griffin, who is Illinois' wealthiest resident, has given an additional $5 million to Aurora Mayor Richard Irvin's campaign for the June 28 GOP primary, bringing his investment up to a staggering $50 million thanks to Illinois' lack of contribution limits. Due in large part to the wealth of just three billionaires, candidates and outside groups in Illinois' upcoming primaries have spent an eye-popping $30 million on ads in May alone as Democrats have gotten involved in the GOP primary to try to stop Irvin and boost a more conservative opponent while Irvin's camp has spent heavily in response.

Irvin has expended $11.1 million while the Democratic Governors Association has dropped $6.5 million on a mix of ads attacking Irvin and boosting state Sen. Darren Bailey, who is running to Irvin's right and has spent $4.1 million with an additional $2.7 million in outside support from a PAC funded by right-wing billionaire Dick Uihlein. The final billionaire is Democratic Gov. J.B. Pritzker himself, who is extensively self-funding his campaign and has spent $4 million on ads mainly opposing Irvin. Lastly, venture capitalist Jesse Sullivan has spent $1.5 million on GOP primary ads.

● MI-Gov, MI-AG, MI-SoS: The general election portion of local pollster Target Insyght's recent survey for MIRS News finds statewide Democrats demolishing their GOP opponents by margins that simply look too good to be true. Democratic Gov. Gretchen Whitmer leads her five prospective Republican challengers by anywhere from 58-19 to 57-23, while Democratic state Attorney General Dana Nessel posts a similar 54-23 edge over Big Lie proponent Matthew DePerno and Democratic Secretary of State Jocelyn Benson likewise prevails 56-23 over election conspiracy theorist Kristina Karamo.

Every other poll released this cycle has so far found Whitmer at or below 50% with considerably more support for her Republican challengers than Target Insyght has, and even during the blue wave of 2018, she only earned 53% of the vote. Though voters in recent years have been more apt to split their tickets in state races despite historically high levels of polarization in federal elections, Whitmer and her fellow Democrats in swingy Michigan are still likely to face strong headwinds this November thanks to Joe Biden's weak approval ratings and traditional midterm patterns that favor the out-party. We're therefore extremely skeptical of these numbers unless confirmed elsewhere.

Meanwhile, in the August GOP primary, the state Court of Appeals ruled on Wednesday that self-funding businessman Perry Johnson cannot appear on the ballot after he and several other GOP candidates were disqualified from running last week due to fraudulent voter petition signatures. Johnson didn't indicate whether he would appeal further to the state Supreme Court, but the state is set to finalize its primary ballot on Friday. The courts have yet to rule on a similar appeal by former Detroit Police Chief James Craig, but given the similar arguments in Craig's lawsuit, his prospects look poor.

● MN-Gov, MN-02, MN-01: Candidate filing closed on Tuesday, and the state has a list of who is running here for the August primary. For governor, far-right state Sen. Scott Jensen managed to avoid a competitive primary after winning the state GOP convention's endorsement last month. While it's commonplace for candidates to agree to drop out before the primary after they lose at the convention, former state Senate Majority Leader Paul Gazelka and dermatologist Neil Shah didn't appear to have confirmed they would until they declined to file. Lastly, Hennepin County Sheriff Rich Stanek, who had said he was unable to attend the convention due to injuries from a car crash, also dropped out by not filing.

On the Democratic side, Gov. Tim Walz faces only token opposition in his quest for a second term. Walz also got potential good news when former radio host Cory Hepola, who had announced he was running as a Forward Party candidate earlier this year on a platform that appeared more likely to take votes from Democrats than Republicans, also didn't file.

Unfortunately for Democrats, candidates from each of two pro-marijuana third parties qualified to run for governor and in the 1st and 2nd Congressional Districts. However, the presence on the ballot of the Legal Marijuana Now Party and Grassroots - Legalize Cannabis Party has if anything had the opposite effect of their stated purpose by likely drawing votes disproportionately from the left, potentially depriving Democrats of enough support to cost them control of the state Senate in 2020 and let the narrow Republican majority block Democrats' legalization effort earlier this year.

Republicans themselves may have had a role in the pro-weed parties' success. Adam Weeks, who was Legal Marijuana Now' 2020 nominee in the 2nd District but died two months before Election Day, had told a friend in a voicemail recording that surfaced after his death that he'd been recruited by the GOP to run and "pull away votes" from Democratic Rep. Angie Craig to help GOP challenger Tyler Kistner. Although Craig won that contest by a 48-46 margin, that was a notable underperformance of Joe Biden's 52-46 victory in the district thanks in part to Weeks posthumously taking 6%.

Craig faces a rematch with Kistner this fall along with candidates from both cannabis parties, and Kistner himself released a mid-May poll from GOP firm Cygnal this week that showed him trailing Craig by a modest 43-38 margin, with Legal Marijuana Now Party candidate Paula Overby taking 4%.

In the 1st District, former Hormel CEO Jeff Ettinger faces little-known opponents in the regular Democratic primary after winning the nomination last month for the August special election to replace the late GOP Rep. Jim Hagedorn. However, on the GOP side, former Department of Agriculture official Brad Finstad will face a rematch with far-right state Rep. Jeremy Munson after the more establishment-aligned Finstad beat him just 38-37 in last month's special primary; former Freeborn County GOP chair Matt Benda also filed to run in the regular GOP primary after taking only 7% in last month's contest.

House

● FL-13: Rep. Charlie Crist has endorsed former Defense Department official Eric Lynn in the race to succeed him in Florida's 13th Congressional District. Lynn is the only notable Democrat still running after Republicans gerrymandered the district to make it considerably redder, such that Donald Trump would have carried it 53-46, compared to Joe Biden's 52-47 margin under the previous lines.

Meanwhile, nonprofit founder Audrey Henson just dropped out of the GOP primary to run for the state House instead, though several other Republicans are still in the mix. The remaining field includes attorneys Amanda Makki and Kevin Hayslett as well as businesswoman Anna Paulina Luna, who was the GOP's unsuccessful nominee in 2020.

● IL-06: Rep. Marie Newman copies Georgia Sen. Raphael Warnock's legendary ads featuring a pet beagle in a new spot attacking her opponent in next month's Democratic primary—right down to the starring breed of pooch. Walking a beagle of her own, Newman says that "unfortunately, you're going to hear a lot of sh*t about me from my opponent, Sean Casten" as her dog squats to do its business (the offending word is bleeped out). It's not clear what Newman might be referring to, however, as Casten has not aired any negative ads.

Calling herself a "lifelong progressive Democrat," Newman then castigates Casten for voting "for anti-choice Republicans like George Bush." (Casten cast his first vote in a presidential election for George H.W. Bush in 1992, when he was 20.) She also touts her rejection of "corporate money" while accusing Casten, a fellow member of Congress, of having "taken a million dollars from corporate PACs."

● MI-03: A new Public Policy Polling survey for Democrat Hillary Scholten finds her narrowly edging past Republican Rep. Peter Meijer 39-37 while leading conservative commentator John Gibbs, who has Donald Trump's endorsement, by a larger 44-35 margin. This is the first public poll of the race for Michigan's 3rd District, one of a handful of seats Democrats are hoping to flip in November.

● MN-03: In Minnesota's 3rd District, Democratic Rep. Dean Phillips and Navy veteran Tom Weiler, his Republican challenger, are the only candidates running here after businessman Mark Blaxill declined to continue on to the primary after losing to Weiler at the GOP convention.

● MN-04: Longtime Democratic Rep. Betty McCollum faces a primary challenge from the left by Saint Paul Department of Human Rights & Equal Economic Opportunity official Amane Badhasso, who has raised a competitive amount of money so far. A few other minor candidates are running in the Democratic and GOP primaries for this solidly blue seat.

● MN-05: Democratic Rep. Ilhan Omar, who is one of the most outspoken left-wing members of Congress, is running for a third term and faces a primary challenge from her right by former Minneapolis City Council member Don Samuels. Several other obscure candidates are running for both parties in this heavily Democratic district.

● NY-10: Former federal prosecutor Daniel Goldman, who served as House Democrats' lead counsel during Donald Trump's first impeachment, has joined the crowded primary for New York's open 10th District, a safely blue district in lower Manhattan and Brooklyn. Goldman briefly ran for state attorney general last year but dropped out after incumbent Tish James abandoned her bid for governor and decided to run for re-election instead.

● NY-12: The Working Families Party, a labor-backed party that has often played an important role in New York politics over the last two decades, has endorsed Democratic Rep. Jerry Nadler in his member-vs.-member primary against fellow Rep. Carolyn Maloney. The WFP's backing serves as a progressive seal of approval and could also yield key on-the-ground support for Nadler if unions decide to deploy their membership on his behalf.

Ad Roundup

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

AZ-Sen: Blake Masters (R), backed by $670,000 for June 7 through June 30
OK-Sen-B: Luke Holland (R)
NM-Gov: Michelle Lujan Grisham (D-inc) (here and here)

Morning Digest: Primary season marches on with another big night across the South

Posted on May 24, 2022 by Daily Kos Elections

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Leading Off

● Primary Night: You Kemp Lose If You Don't Play: We have another big primary night in store on Tuesday as voters in Alabama, Arkansas, and Georgia head to the polls. That's not all, though, as Texas is holding runoffs for races where no one earned a majority of the vote in the March 1 primary. On top of that, both Democrats and Republicans in Minnesota's 1st Congressional District will pick nominees for an Aug. 9 special election to succeed Republican Rep. Jim Hagedorn, who died in February. And as always, we've put together our preview of what to watch.

Perhaps the biggest race on the calendar is the Democratic runoff for Texas' 28th Congressional District where Henry Cuellar, who is the last anti-choice Democrat in the House, is trying to fend off progressive attorney Jessica Cisneros. The Lone Star State is also hosting the GOP runoff for attorney general between incumbent Ken Paxton, who has spent almost seven years under indictment with no trial date in sight, and Land Commissioner George P. Bush.

Meanwhile, although Donald Trump's efforts to torpedo Georgia Gov. Brian Kemp seems to be about to spectacularly flame out, he may have more success going after Secretary of State Brad Raffensperger and Attorney General Chris Carr, two other statewide Republicans who declined to enable the Big Lie. Over in the 7th District in the Atlanta area, we have an incumbent vs. incumbent Democratic primary between Carolyn Bourdeaux and Lucy McBath, though this one may need to be resolved in a runoff. There's plenty more to watch in all five states, and you can find more in our preview.

Our live coverage will begin at 7 PM ET at Daily Kos Elections when polls close in Georgia. 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 for primaries in all 50 states.

Senate

● AZ-Sen: The Democratic firm Blueprint Polling has conducted a poll testing hypothetical general election matchups in Arizona that finds Democratic Sen. Mark Kelly with double-digit leads over three of his prospective Republican foes; there's no word as to who, if anyone, is their client. Kelly beats businessman Jim Lamon 48-34, outpaces state Attorney General Mark Brnovich 50-33, and prevails 49-32 over former Thiel Capital chief operating officer Blake Masters. These numbers are the best we've seen for Kelly by anyone this cycle, though few pollsters have released surveys here so far.

● NC-Sen: The Democratic-affiliated Senate Majority PAC has launched a new TV ad supporting former Democratic state Supreme Court Chief Justice Cheri Beasley as part of a $1.4 million buy over the next three weeks, which is notable after SMP previously omitted North Carolina when it revealed its fall ad reservations back in April. The ad hits back against unmentioned GOP attacks by trying to portray Beasley as tough-on-crime and noting that she even applied the death penalty in a case where a man killed a child.

Meanwhile, a new East Carolina University poll finds GOP Rep. Ted Budd holding a 47-39 lead over Beasley after the two won their respective parties' primaries last week.

● OH-Sen: Democratic Rep. Tim Ryan has debuted his first ad following his primary win earlier this month, and it continues his focus on bringing well-paying blue collar jobs to Ohio. The spot attacks GOP nominee J.D. Vance over a past statement where he said we may have to just accept that "a 55-year-old worker in Dayton, Ohio who spent his entire life in manufacturing ... may not be able to find a good paying job for the rest of his working life."

● UT-Sen: A new Dan Jones & Associates poll of the June 28 Republican primary on behalf of the Deseret News and Hinckley Institute of Politics shows GOP Sen. Mike Lee ahead by 49-19 over former state Rep. Becky Edwards, while businesswoman Ally Isom takes just 6%. Both Edwards and Isom are challenging the incumbent for being too extreme.

Governors

● GA-Gov, GA-Sen, GA-AG, GA-SoS: The GOP firm Landmark Communications has conducted its final poll ahead of Tuesday's Republican primaries, and there was no indication who, if anyone, was their client. The survey finds Gov. Brian Kemp poised for a 60-30 blowout win over former Sen. David Perdue, while former NFL star Herschel Walker sports an even larger 60-12 edge over banking executive Latham Saddler in the Senate race.

Further downballot in the primary for attorney general, incumbent Chris Carr is ahead by 49-24 over Big Lie proponent John Gordon, while the secretary of state's race sees incumbent Brad Raffensperger trailing by 39-38 against Rep. Jody Hice, who has Trump's endorsement and is also campaigning on the Big Lie. However, with 9% going to former Alpharetta Mayor David Belle Isle and 2% to another candidate, Hice's lead isn't large enough to avoid a June 21 runoff.

● MA-Gov: Massachusetts Republicans held their state party convention on Saturday, and former state Rep. Geoff Diehl, who has Trump's backing and lost by a wide margin as the GOP's 2018 Senate nominee, won the party endorsement 71-29 over businessman Chris Doughty, who has pitched himself as a moderate. Diehl will still have to face off with Doughty in the September primary, however, because Doughty cleared the 15% threshold needed to advance to the primary ballot.

● MI-Gov: Billionaire Dick DeVos has announced that he and his family are endorsing conservative radio host Tudor Dixon and that they intend "to provide support for her financially" in the GOP primary for governor this August. The DeVos family is very well connected in state GOP politics, with Dick DeVos having been the 2006 nominee for governor; his wife Betsy DeVos served as education secretary in the Trump administration and previously chaired the state party. The Detroit News noted that the DeVos family was Michigan's top donor in the 2018 election, having given more than $11 million that cycle according to the Michigan Campaign Finance Network nonprofit.

Dixon faces a crowded August primary where former Detroit Police Chief James has appeared to be the frontrunner since last summer. There have been signs in recent months that Craig's lead is vulnerable, and Dixon had previously won endorsements from Reps. Bill Huizenga and Lisa McClain, along with praise from Trump that stopped just short of an endorsement, but that support has so far failed to translate to the polls. The only recent poll we have here from a reliable firm was a Glengariff Group survey that gave Craig a 23-8 lead over chiropractor Garrett Soldano, while Dixon took just 2%. However, with only 17% of Republicans in that poll having heard of her, Dixon's support may increase if she can effectively get her message out.

● NM-Gov: A new Research & Polling Inc. survey of the June 7 GOP primary for the Albuquerque Journal finds former TV meteorologist and 2020 Senate nominee Mark Ronchetti leading by 45-17 over state Rep. Rebecca Dow, with retired Army National Guard Brig. Gen. Greg Zanetti taking 9% and Sandoval County Commissioner Jay Block earning 8%. Marchetti's advantage in this latest poll is similar to a SurveyUSA poll from earlier this month that showed him up 44-12 over Block while Zanetti and Dow were close behind in third and fourth, respectively.

● PA-Gov: Put Pennsylvania First, a PAC supported by the Democratic Governors Association, Planned Parenthood, and other Democratic-affiliated groups, has announced it is putting $6 million behind a campaign that includes $3 million for TV ads and $1 million for digital ads, with the rest going to voter outreach. The TV spot warns how the Supreme Court is poised to overturn Roe v. Wade and attacks newly minted GOP nominee Doug Mastriano for supporting a total ban on abortion with no exceptions for rape or incest.

● WI-Gov: Republicans at the state GOP convention on Saturday opted not to endorse a candidate after former Lt. Gov. Rebecca Kleefisch won the support of just 55% of delegates, which was shy of the 60% needed to earn the state party's backing. While party endorsement conventions in Wisconsin only began in the 2010 cycle and aren't nearly as important as in neighboring Minnesota, where rivals of endorsed candidates will often drop out instead of fight on to the primary, the Associated Press noted that winning the Wisconsin GOP's endorsement would have allowed the party to spend as much as it wanted on the victor.

House

● CA-40: Physician Asif Mahmood is the latest in a string of Democrats this year who are trying to pick their opponents, but in a bit of a twist, he's also trying to prevent an incumbent from reaching the general election.

Mahmood is airing a new ad that calls out Republican Greg Raths for his hostility to abortion rights, calling him "too right-wing for Orange County"—exactly the kind of message that would excite conservative voters, of course, and one aimed at boosting Raths past Rep. Young Kim in next month's top-two primary. Kim also opposes abortion rights but Mahmood would unquestionably rather face the more vocally MAGA-fied Raths in November.

For Mahmood to be successful, Kim would have to come in third in the primary, a fate that's never befallen an incumbent in the decade since California adopted its current top-two system. However, Kim's incumbency is as thin as it gets: Thanks to redistricting, she represents just 20% of the redrawn 40th District. Raths, meanwhile, ran against Rep. Katie Porter last cycle in the old 45th District, which makes up almost two-thirds of the new 40th, though he lost 53-47.

● IL-06: A new internal poll from Garin-Hart-Yang for Rep. Sean Casten finds the congressman leading his rival in next month's primary, fellow Rep. Marie Newman, by a 36-27 margin, with 2% going to perennial candidate Charles Hughes and, presumably, 35% undecided. GHY's memo also says that "the race was even" when it last polled in January, though actual toplines for that older survey are not included. The only other poll of the contest was a Newman internal from February that had the two incumbents tied at 37 apiece.

● MO-07: Former state Sen. Jay Wasson has released a new poll of the Aug. 2 Republican primary for Missouri's open 7th District, conducted by American Viewpoint, that shows him leading state Sen. Mike Moon 21-17, with state Sen. Eric Burlison at 15 and all other candidates in single digits; 31% were undecided. We've seen just one other survey here, from Republican pollster Remington Research on behalf of the tipsheet Missouri Scout all the way back in January, that had Burlison leading Moon 21-12, with Wasson at 9.

● NY-10: New York's radically reconfigured 10th District in lower Manhattan and Brooklyn has already attracted a trio of prominent Democratic contenders, but a whole bunch more are considering the race for this newly open and safely blue seat. The potential candidates who've publicly stated their interest include:

state Sen. Simcha Felder, who spent many years caucusing with Republicans
former Rep. Elizabeth Holtzman, who represented a different part of Brooklyn in the 1970s and is now 80 years old
Assemblywoman Jo Anne Simon
attorney Dawn Smalls, who took 4% in the 2019 special election for New York City public advocate

Several others are reportedly interested:

attorney Daniel Goldman, who was chief Democratic counsel for Donald Trump's first impeachment
City Councilwoman Carlina Rivera, who filed paperwork with the FEC
former City Comptroller Scott Stringer, though he's reportedly planning to seek an open state Senate seat in Manhattan
former City Councilman David Yassky, according to Councilwoman Gale Brewer

Already running are former Mayor Bill de Blasio, Assemblywoman Yuh-Line Niou, and Hudson Valley Rep. Mondaire Jones. Assemblyman Robert Carroll, however, is a no. The 10th District is open because the state's new court-drawn map moved Rep. Jerry Nadler's Upper West Side base into the 12th District, where he'll face off against fellow Rep. Carolyn Maloney in the Aug. 23 Democratic primary.

● NY-12: Attorney Suraj Patel, who was waging a third straight primary challenge against Democratic Rep. Carolyn Maloney after coming up just shy in 2020, says he's continuing his campaign despite the fact that he'll now be going up against Rep. Jerry Nadler, too. Another candidate who'd been taking on Maloney, community organizer Rana Abdelhamid, does not appear to have commented on her plans since the state's new court-drawn map was adopted over the weekend.

● NY-17, NY-03: State Sen. Alessandra Biaggi, who'd been running for New York's open 3rd Congressional District, announced on Monday that she would instead challenge DCCC chair Sean Patrick Maloney in the 17th.

Biaggi, who represents a slice of Westchester and the Bronx in the legislature, was originally drawn into the 3rd District in the map she and her colleagues passed in February. However, the new court-imposed boundaries returned the 3rd to an all-Long Island configuration similar to the way it had looked for the previous decade. That left Biaggi well outside the new 3rd, facing off against a squadron of Long Island natives across the sound.

However, Biaggi doesn't have any obvious ties to the 17th District, either. She lives in the Westchester town of Pelham on the Bronx border, and even the northernmost tip of her Senate district is still well south of the 17th, which includes northern Westchester, all of Rockland and Putnam counties, and the southern reaches of Dutchess County.

But Maloney's been roundly lambasted, including by several House colleagues, for his own debatable connections to the 17th. Maloney immediately announced after the court-appointed special master published a draft map last week that he'd abandon the 18th to instead run one district to the south, despite representing just a quarter of the 17th and 71% of the 18th. He justified the decision by arguing his home is in the 17th, but in switching districts, he not only left the 18th more vulnerable, he forced fellow Democratic Rep. Mondaire Jones out of the 17th, even though he represented 73% of the district. (Jones is instead seeking an open seat in New York City.)

Biaggi specifically cited Maloney's move in explaining her decision to run, saying, "What hurt the party was having the head of the campaign arm not stay in his district, not maximize the number of seats New York can have to hold the majority." She also has experience defeating well-funded senior party leaders: In 2018, she unseated powerful state Sen. Jeff Klein, who for years had allowed Republicans to maintain control of the Senate through an alliance with his caucus of renegade Democrats known as the IDC, or Independent Democratic Conference. Biaggi now has three months to find out whether she can play the role of political giant-slayer once more.

● NY-18: Shortly after draft maps were released last week, Democratic Assemblyman James Skoufis said that he was considering a bid for New York's 18th District, which is open because of the DCCC's Sean Patrick Maloney's selfish decision to seek the 17th instead. However, Skoufis hasn't said anything since the map was finalized.

● NY-19 (special): Democratic Gov. Kathy Hochul announced on Monday that Rep. Antonio Delgado would be sworn in as her new lieutenant governor on Wednesday, allowing her to consolidate the special election for Delgado's House seat with the Aug. 23 primary for U.S. House and state Senate races. A new state law says that the governor has 10 days after a congressional vacancy to schedule a special election, which must take place 70 to 80 days thereafter. That gives Hochul a maximum window of 90 days, which is why Delgado has delayed his departure from Congress, even though his appointment was announced several weeks ago.

● NY-23 (special): Democratic county chairs in New York's 23rd Congressional District have selected Air Force veteran Max Della Pia to run in the upcoming special election to replace former GOP Rep. Tom Reed. Republicans have yet to pick their nominee for the special, which will take place under the old district lines. Della Pia, who earned a Bronze Star in Afghanistan, says he will also run in November for the new 23rd District. The old district voted for Donald Trump 55-43; the new version would have backed him 58-40.

Gov. Kathy Hochul has yet to schedule the special, though it will likely be consolidated with the Aug. 23 primary for U.S. House and state Senate races. But while Reed announced that he would resign effective immediately on May 10, state officials say they have yet to receive a letter from the congressman informing them of a vacancy. Reed may be delaying transmission of such a letter for the same reason Democratic Rep. Antonio Delgado has likewise not yet vacated his seat—see our NY-19 item just above. It's less clear, however, why Reed might wish to make election administration easier for Hochul, a Democrat, though he has sometimes dissented from GOP orthodoxy.

● OR-06: We now know how much it costs to bend a top Democratic super PAC to your will: $5 million.

As we learned late on Friday night, cryptocurrency billionaire Sam Bankman-Fried donated $6 million to the House Majority PAC on April 4, just days before HMP began spending $1 million to boost first-time candidate Carrick Flynn in the Democratic primary for Oregon's brand-new 6th Congressional District.

The move infuriated countless Democrats, who demanded to know why HMP, which had never before involved itself in a primary like this in its decade-long existence, had chosen this race to break with past practice. It particularly enraged the Congressional Hispanic Caucus, which was backing state Rep. Andrea Salinas and had given the PAC more than $6 million since 2012 in order to defeat Republicans, not fellow Democrats.

The group's only explanation was transparent bullshit: "House Majority PAC is dedicated to doing whatever it takes to secure a Democratic House majority in 2022," a spokesperson said, "and we believe supporting Carrick Flynn is a step towards accomplishing that goal." No one believed that, prompting widespread speculation, as a campaign manager for a rival campaign put it, "that promises have been made."

HMP's financial report for the month of April, however, was not due at the FEC until May 20—three days after the primary. That's why we're only now finding out exactly what that promise appears to have been.

Bankman-Fried himself spent far more heavily on Flynn through his own super PAC, Protect Our Future, which ultimately shelled out an astonishing $11.4 million directly—some of which even went to attack Salinas—as well as nearly a million dollars more indirectly. Bankman-Fried's interest in Flynn was never clear, however. Supporters claimed that Bankman-Fried was drawn to Flynn because of a shared interest in pandemic preparedness, but Bankman-Fried was publicly silent about the race until just days prior to the election, and Flynn didn't campaign on the issue.

(Flynn had denied knowing Bankman-Fried, but his wife had once worked at the same organization as his benefactor, and Flynn acknowledged he was friends with Bankman-Fried's brother, Gabriel, who's heavily involved in the family's political giving. Campaigns and super PACs, by law, are not allowed to coordinate their activities.)

What's even less clear is why Bankman-Fried would bother making his arrangement with House Majority PAC in the first place. Given his apparently limitless resources, he could have easily sent another million bucks to Protect Our Future had he wanted to. Instead, he spent six times that amount to net just a $1 million boost for his preferred candidate. You don't need to be a titan of finance to know how appalling that rate of return is, unless your actual aim is to prove you can make a major arm of the Democratic Party do your bidding.

In the short term, at least, Bankman-Fried's efforts on behalf of Flynn—and HMP's decision to sell out on his behalf—were a debacle. Salinas doubled up Flynn, winning the nomination 36-18, and Flynn's final cost-per-vote will likely exceed $1,000—another terrible return on investment. HMP will also have some serious relationship-mending to do, especially with the CHC.

But even though Bankman-Fried failed to buy a congressional election, he was able to buy the most important super PAC devoted to winning House races for Democrats. For a system already awash in dark money, it's a dark sign for the future.

● PA-12: On Friday evening, the Associated Press called the extremely close Democratic primary in Pennsylvania's open 12th District for state Rep. Summer Lee, who defeated Steve Irwin, a former head of the state Securities Commission, by a 41.8 to 41.1 margin. Lee, who presented herself as the more progressive option, would be the first Black woman to represent Pennsylvania in Congress. Lee will be the heavy favorite in this Pittsburgh-based district, which would have voted for Joe Biden 59-40, against Plum Borough Councilman Mike Doyle, a Republican who happens to share the same name as the retiring Democratic incumbent.

● VA-10: Navy veteran Hung Cao won the GOP nomination for Virginia's 10th Congressional District in a major upset on Saturday, defeating the better-known and better-funded Jeanine Lawson, a member of the Prince William Board of County Supervisors, by a 52-34 margin in the seventh and final round of an instant runoff. Rather than rely on a traditional state-run primary, Republicans used a party-run "firehouse primary" that saw a total turnout of about 15,000 voters. By contrast, the last contested primary in this district in a midterm year saw 53,000 people turn out to vote in the Democratic nominating contest in 2018, which then-state Sen. Jennifer Wexton won easily.

Wexton went on to oust Republican Rep. Barbara Comstock by a wide 56-44 margin that November in a northern Virginia district that's rapidly moved to the left in recent years and won re-election by a similar spread. Under the new lines, the 10th would have voted for Joe Biden 58-40, according to Dave's Redistricting App, which is very similar to the president's performance in the previous version of this seat. However, Republican Gov. Glenn Youngkin lost the 10th just 52-47 in his successful bid for governor last year, per OurCampaigns.

Ad Roundup

NH-Sen: Majority Forward (D) - pro-Maggie Hassan (D-inc)
OK-Sen-B: Markwayne Mullin (R)
IL-Gov: Richard Irvin (R) - anti-J.B. Pritzker (D-inc)
SC-Gov: Joe Cunningham (D)
IL-06: Sean Casten (D-inc)
SC-07: Tom Rice (R-inc) - anti-Russell Fry (R)

Morning Digest: Democratic Senate primary in Pennsylvania gets smaller as GOP’s gets uglier

Posted on February 7, 2022 by Daily Kos Elections

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

Leading Off

● PA-Sen: Montgomery County Commission Chair Val Arkoosh announced Friday that she was dropping out of the May Democratic primary. Arkoosh, who was the only woman running a serious campaign, had the backing of EMILY's List, but she didn't attract much support in any released poll and ended 2021 with significantly less money than two of her intra-party foes. She acknowledged Friday to the Philadelphia Inquirer, "It's become increasingly clear over the last month or two that I'm unlikely to be the Democratic nominee."

Arkoosh's departure leaves three notable Democrats in the contest to succeed retiring Republican Sen. Pat Toomey. Lt. Gov. John Fetterman, who has enjoyed a huge edge in every survey we've seen, has also continued to lead the money race in the fourth quarter by outpacing Rep. Conor Lamb $2.7 million to $1.3 million and ending with a $5.3 million to $3 million cash-on-hand lead. State Rep. Malcolm Kenyatta was far back with $335,000 raised and only $285,000 available.

The Republicans, meanwhile, already had a massively expensive and ugly contest even before Friday, when the Inquirer reported that Honor Pennsylvania, a super PAC funded by mega-donor Ken Griffin to support hedge fund manager David McCormick, had reserved $12 million for a six-week ad buy against TV personality Mehmet Oz.

Campaign Action

The two sides have been using anti-Chinese messaging to attack one another: Oz recently ran a commercial that employed stereotypical gong sounds to argue McCormick is "China's friend, not ours," while McCormick's team says of his main opponent, "Mehmet Oz—citizen of Turkey, creature of Hollywood—has spent the last 20 years making his fortune from syndicating his show in China, enriching itself through censorship and CCP propaganda … How can he claim to be America First when he has dual loyalties?"

McCormick, as well as attorney John Giordano, entered the primary after the start of the new quarter, but we have fundraising reports for the other GOP candidates:

TV personality Mehmet Oz: $670,000 raised, additional $5.2 million self-funded, $1 million cash-on-hand
2018 lieutenant governor nominee Jeff Bartos: $435,000 raised, additional $10,000 self-funded, $2.5 million cash-on-hand
Author Kathy Barnette: $415,000 raised, $565,000 cash-on-hand
former Ambassador to Denmark Carla Sands: $160,000 raised, additional $500,000 self-funded, $1.5 million cash-on-hand

Barnette, Bartos, and Sands each entered the race several months ago, but they’ve largely been left out of the increasingly pricey feud between McCormick and Oz.

Redistricting

Stay on top of the map-making process in all 50 states by bookmarking our invaluable redistricting timeline tracker, updated daily.

● KS Redistricting: As expected, Democratic Gov. Laura Kelly vetoed the new congressional map recently passed by Kansas Republicans. In a statement accompanying her veto on Thursday evening, Kelly specifically criticized the plan for splitting the Kansas City area between two districts, a move designed to undermine Democratic Rep. Sharice Davids by making her 3rd District redder.

The question now is whether Republicans can override Kelly's veto. On paper, they have the necessary two-thirds supermajorities to do so. However, neither chamber hit that threshold when approving the new boundaries due to absences. The map passed the House by a 79-37 vote, five short of the 84-vote supermajority needed. However, four Republicans were absent while two others voted "present" and just one voted against the final map. In the Senate, where 27 votes are necessary for an override, the map was approved 26-9, with two Republicans absent and one opposed.

● NC Redistricting: On Friday evening, North Carolina's Supreme Court struck down the new congressional and legislative maps that Republicans passed last year, deeming them "unlawful partisan gerrymanders" that violated multiple provisions of the state constitution. The court, which broke down 4-3 along party lines, ordered lawmakers to come up with remedial maps in two weeks and specifically mandated that they detail the "methods they employed in evaluating the partisan fairness" of their new plans.

Republicans had drawn their now-invalidated congressional districts with the aim of giving themselves an 11-3 advantage in the state's House delegation, despite North Carolina's perpetual swing-state status. The legislative maps were likewise designed to lock in sizable GOP majorities. Democratic Gov. Roy Cooper was unable to veto any of the maps because redistricting plans do not require the governor's approval under state law.

● PA Redistricting: Pennsylvania's bipartisan redistricting commission approved final legislative maps in a 4-1 vote on Friday, though critics now have 30 days to challenge the plans before the state Supreme Court. The maps, which can be viewed here, vary somewhat from versions the commission introduced in December, but they still represent a major break from the past.

Under the lines used for the previous decade, Donald Trump carried 109 districts in the state House while Joe Biden won just 94, despite the fact that Biden beat Trump statewide in 2020. The new map, however, features 103 Biden districts and 100 Trump seats, giving Democrats a chance to make major inroads and, one day, potentially take a majority. The Senate plan, by contrast, largely maintains the status quo, with Biden and Trump each carrying 25 districts—the exact same split as before.

Republicans had long controlled the process for drawing legislative districts in the Keystone State, where the Supreme Court appoints a tiebreaking member to the panel responsible for drafting them. The court had been in GOP hands for many years, giving Republicans a lock on selecting that tiebreaker, but Democrats—with an eye on redistricting—made a major push to flip the court in 2015.

That effort culminated in the justices tapping former University of Pittsburgh chancellor Mark Nordenberg, a registered Democrat who has described himself as "about as close to the middle as you probably could get." Nordberg voted with the commission's two Democrats and one of the Republicans in favor of the final maps, while another Republican dissented.

Senate

● MO-Sen: Team PAC, a super PAC funded by mega-donor Richard Uihlein to aid disgraced Gov. Eric Greitens, is the latest group to try and use anti-China messaging to win a Republican primary. The TV spot accuses Attorney General Eric Schmitt, who is a former state legislator, of having "sponsored a bill to spend $480 million of your tax dollars to create a cargo hub here for airlines owned by China's Communist Party. To flood Missouri dollars with cheap Chinese imports."

Schmitt's allies at Save Missouri Values quickly hit back with an ad of their own that uses footage of then-Gov. Greitens appearing on a Chinese TV program. After the interviewer says, "Your visit to China is like an old, beautiful story renewed," Greitens responds, "It really is. It's amazing to see the transformation that's taken place here." There is no word on the size of the buy for either commercial.

Governors

● GA-Gov: Gov. Brian Kemp's allies at Georgians First Leadership Committee are running a new commercial that once again attempts to portray former Sen. David Perdue, who is Donald Trump's endorsed candidate in the May Republican primary, as downright unTrumpy. The spot opens with footage of Trump declaring, "I'm gonna bring jobs back from China" before the narrator declares that Perdue "sent American jobs to China. Over and over again. By the thousands." It goes on to use an infamous clip of Perdue from his successful 2014 campaign, saying of his past practice fo outsourcing jobs, "Defend it? I'm proud of it."

There is no word on how much this pro-Kemp group is spending, but as we've written before, a new law gives the PAC access to as much money as the governor's supporters care to fork over. That's because, as the Atlanta Journal-Constitution previously noted, Georgians First Leadership Committee was created last year after Kemp signed into law a bill that lets the governor and certain other statewide candidates "create funds that don't have to adhere to contribution caps." Importantly, these committees will also be able to accept donations during the legislative session, when the governor and lawmakers are otherwise forbidden from fundraising.

This legislation won't be any help for Perdue, though, unless and until he wrests the GOP nomination from Kemp. And while Stacey Abrams is the overwhelming favorite to be the Democratic standard-bearer again, she also won't be able to create this kind of committee until her primary is officially over.

● OH-Gov: The Democratic Governors Association has released numbers from Public Policy Polling that show Gov. Mike DeWine only leading former Rep. Jim Renecci 38-33 in the May Republican primary, which is actually better for the incumbent than his 46-38 deficit in a recent Renacci poll. Neither of those surveys included Joe Blystone, a little-known farmer who has been running for months. Former state Rep. Ron Hood also made a late entry into the race on Feb. 1, which was after both polls were conducted.

● PA-Gov: Campaign finance reports were due Monday covering all of 2021, and they give us our first real look into which of the many Republican candidates for governor have the resources to run a serious race in this very expensive state:

State Senate President Pro Tempore Jake Corman: $3 million raised, $2.7 million cash-on-hand
2018 Senate nominee Lou Barletta: $1.1 million raised, $245,000 cash-on-hand
U.S. Attorney Bill McSwain: $900,000 raised, additional $100,000 self-funded, $815,000 cash-on-hand
GOP strategist Charlie Gerow: $420,000 raised, $250,000 cash-on-hand
former Chester County Chamber of Business and Industry President Guy Ciarrocchi: $305,000 raised, $240,000 cash-on-hand
State Sen. Scott Martin: $300,000 raised, $270,000 cash-on-hand
Businessman Dave White: $350,000 raised, additional $3 million self-funded, $2.5 million cash-on-hand
Surgeon Nche Zama: $200,000 raised, $145,000 cash-on-hand
Attorney Jason Richey: $160,000 raised, additional $1.45 million self-funded, $1.5 million cash-on-hand
Montgomery County Commissioner Joe Gale: $40,000 raised

This is the first time we've mentioned Richey, who attracted little attention when he kicked off his bid in May.

The list does not include two other declared Republican candidates: former Rep. Melissa Hart, whose numbers were not available days after the deadline, and state Sen. Doug Mastriano, who announced last month.

The Philadelphia Inquirer writes of the latter, "After he set up an exploratory committee in the fall, he said he'd reached a fund-raising goal to enter the race. The Pennsylvania Department of State, which oversees elections, said Mastriano's Senate campaign typically files disclosures electronically, but the agency had no report available for his gubernatorial campaign." The story added, "If Mastriano filed the report on paper and mailed it to Harrisburg, that could account for the delay. Mastriano didn't respond to emails seeking comment."

While McSwain has significantly less money to spend than Corman and two self-funders, Richey and White, he does have one huge ally in his corner. Commonwealth Partners Chamber of Entrepreneurs, which is funded by conservative billionaire Jeff Yass, had $20 million on-hand at the end of the year, and it said in January that "all of that money is at our disposal" to help McSwain.

Whoever emerges from the busy May primary will be in for an expensive general election fight against Attorney General Josh Shapiro, who faces no serious intra-party opposition in his bid to succeed his fellow Democrat, termed-out Gov. Tom Wolf. Shapiro hauled in $13.4 million in 2021, which his team says is a state record for a non-election year, and he had a similar $13.5 million to spend.

House

● CO-03: State Senate President Leroy Garcia didn't show any obvious interest in challenging Republican Rep. Lauren Boebert after Colorado's new maps made the 3rd District even more conservative, but the Democrat fully took himself out of contention on Thursday when he announced he was resigning from the legislature in order to take a post in the Department of the Navy.

● GA-06: Rich McCormick, who was the 2020 Republican nominee for the old 7th District, has dropped a Public Opinion Strategies internal arguing he's the frontrunner in the May primary for the new and safely red 6th District. McCormick takes first with 25%, while none of his four opponents secure more than 3% of the vote each.

● NE-01: Indicted Rep. Jeff Fortenberry recently went up with a commercial arguing that his May Republican primary opponent, state Sen. Mike Flood, was unacceptably weak on immigration, and Flood is now airing a response spot. Madison County Sheriff Todd Volk tells the audience, "Jeff Fortenberry is facing felony criminal charges, so he's lashing out at law enforcement and lying about Mike Flood." After praising Flood for having "opposed in-state tuition for illegal immigrants," the sheriff commends him for opposing the repeal of the death penalty, which is a topic Fortenberry's opening ad didn't touch on.

● NY-01, NY-02: With the adoption of New York's new congressional map, a number of candidates have announced changes of plans in terms of which district they'll run in. One of the most notable is former Babylon Town Councilwoman Jackie Gordon, who'd been seeking a rematch against Republican Rep. Andrew Garbarino in the old 2nd District after losing to him 53-46 in 2020 when the seat came open following GOP Rep. Peter King's retirement.

Democrats in the legislature, however, gerrymandered Long Island to make the new 2nd considerably redder while simultaneously turning the neighboring 1st District much bluer: The former would have voted for Donald Trump 56-42 while the latter would have gone for Joe Biden 55-44, according to Dave's Redistricting App. That naturally makes the 1st much more appealing for Gordon, who said on Thursday that she'll run there, adding that her home also got moved into the district.

However, Gordon will face a contested fight for the Democratic nomination, as two other candidates had already been running in the 1st, which is open because Republican Rep. Lee Zeldin is making a bid for governor. Bridget Fleming and Kara Hahn, both members of the Suffolk County Legislature, entered the race last spring and have stockpiled similar sums: $644,000 for Fleming and $575,000 for Hahn. Gordon, who launched her second effort in October, had just $134,000 in the bank, but she was a dominant fundraiser last cycle, taking in $4.4 million.

● NY-03: A spokesperson for Democratic state Sen. Alessandra Biaggi says their boss is "seriously considering" a bid for New York's redrawn 3rd Congressional District, a blue-leaning Long Island-based seat that just picked up a slice of the Bronx and Westchester County in its latest incarnation. That sliver includes Biaggi's hometown of Pelham and also overlaps with her legislative district. Several notable Democrats are already running in the 3rd, which is open because Democratic Rep. Tom Suozzi is running for governor, but Biaggi has experience prevailing in difficult primaries: In 2018, she won a stunning 54-46 upset over state Sen. Jeff Klein, who was the well-financed leader of the renegade faction of Democrats known as the IDC.

● NY-11: Sigh: Former New York City Mayor Bill de Blasio is reportedly considering a bid for the redrawn 11th Congressional District, which now includes his home in Park Slope.

● NY-22, NY-23: Democrat Josh Riley, an attorney who'd been challenging Republican Rep. Claudia Tenney in the old 22nd District, says he'll continue his campaign in the new, Tenney-less version of the seat. Tenney herself previously announced she'd seek re-election in the open 23rd, a much redder seat than the new version of the 22nd, which in fact is really the successor to the old 24th.

The revamped 22nd, which recently came open after GOP Rep. John Katko announced his retirement, was already a Democratic target even before redistricting made it bluer (the latest iteration would have gone 58-40 for Joe Biden). As such, there are already several candidates vying for the nomination, the most notable among them Navy veteran Francis Conole, who raised $202,000 in the fourth quarter of last year and had $413,000 cash-on-hand. Riley, who launched his campaign in mid-November, brought in $410,000 and had the same amount banked.

As for Tenney, yet another would-be Republican opponent, Steuben County GOP chair Joe Sempolinski, has said he won't run against her in the new 23rd. However, state Sen. George Borrello wouldn't rule out a bid in recent comments, though he appears to be holding out the extremely slender hope that Republicans will successfully challenge the new map in court.

● NY-24: Republican Rep. Chris Jacobs, who represents the old 27th District, says he will seek re-election in the new 24th, which shares much of its DNA with his current seat and is likewise deep red. However, he may not have a clear shot at the nomination: Attorney Todd Aldinger, who has repeatedly sued to overturn COVID mitigation measures, says he'll run here as well.

● RI-02: Michael Neary, who worked as a staffer for then-Ohio Gov. John Kasich's 2016 campaign for the Republican presidential nomination, has joined the September Democratic primary.

Mayors

● Washington, D.C. Mayor: Mayor Muriel Bowser went into the new year with a huge fundraising lead over her two rivals in the June Democratic primary, a contest that is tantamount to election in the District of Columbia.

Bowser led Robert White, who holds an at-large post on the Council of the District of Columbia, $2.4 million to $555,000 in cash-on-hand; White, who like Bowser is utilizing the local public financing system, said that he would have a total of $910,000 to spend once matching funds are included, however. Another Council member, Trayon White (who is not related to Robert White), had less than $3,000 available.

Ed. note: In our previous newsletter, we reported erroneous cash-on-hand figures for several candidates running in incumbent-vs.-incumbent races for the House. We have since corrected those numbers.