Morning Digest: GOP frets internal warfare will again cost it Louisiana governor’s race

Posted on June 1, 2023 by Daily Kos Elections

The Morning Digest is compiled by David Nir, Jeff Singer, and Stephen Wolf, with additional contributions from the Daily Kos Elections team.

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● LA-Gov: Republican infighting has suddenly escalated well ahead of Louisiana’s Oct. 14 all-party primary for governor, as a well-funded super PAC is already airing ads designed to deprive Attorney General Jeff Landry of his frontrunner status. This early offensive to help Stephen Waguespack, who is the former head of the state's Chamber of Commerce affiliate, comes unusually early, but his allies have the resources to ensure that voters see many more ads over the next four-and-a-half months.

Waguespack’s backers at Reboot Louisiana, which began a $1.75 million TV campaign in early May to boost the first-time candidate’s name recognition, launched a new spot on Wednesday hammering Landry on an issue he's sought to make his own. “Murder, rape, car jackings. Under Landry’s watch, Louisiana is the most dangerous state in America,” intones a narrator, who goes on to argue that Waguespack “has a plan to take Louisiana back from the criminals.” Landry himself has been emphasizing crime in his advertising, though he’s unsubtly blamed it on Black Democratic mayors and district attorneys.

House Majority Leader Steve Scalise, who has not taken sides in the contest to succeed termed-out Democratic Gov. John Bel Edwards, responded to Reboot Louisiana’s commercial by calling for Waguespack to “denounce” the message. “We must learn from the mistakes of the 2015 and 2019 governor’s races, where Republican infighting ultimately squandered our opportunities to win the Governor’s mansion,” Scalise said in a statement referring to Edwards’ two wins in this red state.

Scalise might have also noted that Republicans only began hitting one another on the airwaves much later in those two contests. In 2015, the super PAC supporting frontrunner David Vitter only sprung into action around Labor Day by attacking his two main intra-party rivals, Jay Dardene and Scott Angelle, in a sign that Vitter wasn’t quite as strong as he looked. The scandal-tarred Vitter did indeed make it to the November general election against Edwards, but at great cost: Dardenne crossed party lines to endorse Edwards, who went on to score an upset win the next month, while Angelle remained neutral.

It took a bit longer four years later for the two leading Republicans, Rep. Ralph Abraham and wealthy businessman Eddie Rispone, to start attacking one another on the air, but once again, it hurt the party’s efforts against Edwards. Rispone began targeting his fellow Republican just three weeks before the first round of voting, and while the defeated Abraham did endorse Rispone for the second round, some of the damage was irreparable. Edwards worked hard to fan the flames of intraparty animosity by reminding Abraham’s constituents about the slams Rispone had leveled at their representative, a tactic that helped him perform significantly better in Abraham's district than Democrats usually do.

The Democrat who wants to benefit from this year’s early GOP clash is former state Transportation Secretary Shawn Wilson, who would be the first African American elected statewide since Reconstruction. Three other Republicans running for governor―Treasurer John Schroder, state Sen. Sharon Hewitt, and state Rep. Richard Nelson―are meanwhile hoping that an ugly battle between Landry and Waguespack will give them the chance to establish themselves as an alternative conservative option.

The Downballot

● Countless progressive organizations seek to engage and mobilize voters, but coordinating those efforts is a mighty task. On this week's episode of "The Downballot," we're joined by Sara Schreiber, the executive director of America Votes, which works with hundreds of partners at the national and state level to deploy the most effective means of urging voters to the polls. Schreiber walks us through how coalitions of like-minded groups are formed and how the work of direct voter contact is divvied up between them. A special focus is on "blue surge" voters—those who, in the Trump era, joined the rolls for the first time—and why ensuring they continue to participate in the political process is the key to progressive victories.

Co-hosts David Nir and David Beard also take stock of recent developments in Pennsylvania and Ohio, two Rust Belt neighbors where Republicans—for once—are breathing a sigh of relief after a pair of disastrous 2022 candidates opted against repeat bids in 2024. They then dive into the extremely belated impeachment of Texas' corrupt attorney general by his fellow Republicans and remind listeners to mark their calendars for a major special election that just got scheduled in New Hampshire.

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

Governors

● WA-Gov: Former Gov. Christine Gregoire, who served from 2005 to 2013, has endorsed the “exploratory campaign for governor” of her fellow Democrat, Attorney General Bob Ferguson.

House

● AZ-03: Phoenix City Councilmember Laura Pastor on Wednesday joined the busy Democratic primary to succeed Senate candidate Ruben Gallego in this dark blue seat. Pastor is the daughter of the late Rep. Ed Pastor, who represented previous versions of this constituency from 1991 until he retired in 2015, and she’s been talked about as a likely House candidate for years.

Chatter about her plans intensified in December of 2021 when she urged the Arizona Independent Redistricting Commission to revise its proposed congressional map to place a heavily Latino part of Phoenix in Gallego's seat, a change that would have made Republican Rep. David Schweikert's new 1st District reliably red. Pastor, who represented most of this area, said that she was acting to make sure the city's "historic core," heavily LGBTQ neighborhoods, and other locations weren't split; however, skeptics argued she was willing to protect Schweikert in order to boost her own prospects in a future contest to succeed Gallego. But the dramatic changes Pastor wanted didn't happen, and Schweikert went on to only narrowly win re-election.

● CO-08: Weld County Commissioner Scott James, reports Inside Elections, is considering seeking the GOP nod to take on freshman Democratic Rep. Yadira Caraveo. Joe Biden carried this constituency in the northern Denver suburbs and Greeley area 51-46, while Caraveo won her seat 48.4-47.7 last year.

● IN-05: While there was some talk during the winter that pastor Micah Beckwith could run to succeed retiring Rep. Victoria Spartz, who beat him in the 2020 GOP primary, Beckwith instead filed this week to campaign for lieutenant governor.

● NJ-07: Working Families Party state director Sue Altman on Wednesday became the first major candidate to announce a bid for the Democratic nod to take on freshman GOP Rep. Tom Kean Jr. Joe Biden took this North Jersey seat 51-47, while Kean flipped it last year by ousting Democratic incumbent Tom Malinowski by an unexpectedly small 51-49 margin.

Altman, as we recently wrote, is a first-time contender, but she became a prominent force in state politics over the last decade by challenging the power of longtime party boss George Norcross. (Her organization is the state affiliate of the national Working Families Party, which usually backs progressive Democrats rather than run its own general election candidates.) Altman, Politico detailed last year, has been a crucial backer of Gov. Phil Murphy, especially during his first term when he worked to pass his agenda over Norcross supporters in the legislature.

● OH-09: J.R. Majewski, who was last year’s disastrous GOP nominee, said Tuesday night that he was ending his rematch campaign against Democratic incumbent Marcy Kaptur following his mother’s recent surgery. Majewski’s departure is a relief to Republicans, who did not look forward to the prospect of having him again as their standard bearer following his 57-43 landslide loss.

● RI-01: Pawtucket Mayor Don Grebien said Wednesday he would not enter the upcoming special Democratic primary.

● UT-02: Republican Rep. Chris Stewart confirmed earlier reports on Wednesday that he would resign because of his wife's health, though he didn't specify a timeline, only saying he'd leave office "after an orderly transition can be ensured."

There's little question that whoever wins the GOP primary will prevail in the forthcoming special election: Republicans carefully gerrymandered Utah's congressional map, allowing Donald Trump to score a 57-40 victory in 2020 in the 2nd District, which includes the southwestern part of the state as well as a slice of Salt Lake City. Stewart's seat, though, could remain vacant until next year unless the legislature holds a special session specifically to appropriate funds to hold the special earlier.

That's because, under state law, special elections must coincide with regularly scheduled election dates. That means the earliest the primary could take place is Nov. 7, when several municipalities go to the polls. A general election, meanwhile, would not be possible until March of 2024, when Utah holds its presidential primaries. Without action by lawmakers, then, Stewart's constituents could go unrepresented for close to a year.

Stewart's eventual successor will succeed a hardliner who effectively won his seat in 2012 at a bitter party convention. Prior to seeking office, the future congressman made a name for himself in the Air Force by setting the record for the fastest uninterrupted flight across the world (36 hours and 13 minutes) and as the head of a consulting firm. He went on to co-write the memoir of kidnapping survivor Elizabeth Smart, though his main claim to fame in conservative circles came from his authorship of a six-part series of apocalyptic novels infused with Mormon theology. One prominent fan was Glenn Beck who, at the height of his influence, both touted Stewart's work on Fox and reissued revised versions of his books to make them palatable to what he called a "mainstream" Christian audience.

Stewart got his chance to run for Congress two years after the 2010 census awarded the Beehive State a new House seat. At the time, candidates could only make the primary ballot by taking at least 40% at their party convention (a 2014 law eventually allowed them to gather signatures), and Stewart's main foe in the 11-person field was former state House Speaker David Clark.

An anonymous mailer, as Mother Jones would recount later that year, made several attacks on Stewart, but it attracted little notice until the day of the convention when a little-known contender named Milt Hanks held it up as evidence that there was an "Anybody-But-Chris" group determined to make sure the author was defeated. Several other hopefuls did indeed endorse Clark, which led Stewart's backers to shout, "The prophecy has been fulfilled! The prophecy has been fulfilled!"

Fueled by this supposed conspiracy, more than 60% of convention delegates gave their backing to Stewart, allowing him to avoid a primary altogether since no other candidate could hit the necessary 40% threshold. But the gathering sparked plenty of angry feelings. Several defeated foes claimed that Stewart's team had produced the offending mailer precisely to cultivate a backlash, an allegation Stewart denied. But the ill will did nothing to stop him from easily prevailing in the general election, and he never struggled to hold his seat in ensuing years.

Soon enough, the congressman, whom one former GOP politician labeled "a certified nutcase" before he was even elected, made a name for himself as an ardent conservative. He became a Trump ally despite deriding him as "our Mussolini" during the 2016 primaries, prompting the new administration to consider him for secretary of the Air Force after the elections.

Stewart, however, remained in the House, and later joined the majority of his caucus in voting to overturn Joe Biden's 2020 win. He did break from party orthodoxy last year when he backed the Respect for Marriage Act to protect same-sex and interracial marriages, though he otherwise remained a supporter of far-right causes. He even appeared ready to consider a promotion earlier this year: In April, Stewart declined to rule out a primary challenge to Sen. Mitt Romney. His resignation, though, almost certainly ensures that won't happen.

Anyone hoping to succeed Stewart can try to follow in his footsteps by competing at their party convention for a spot on the primary, though they now also have the option of instead collecting 7,000 valid signatures. Under the state's special election law, though, only one candidate can advance out of the convention instead of the maximum of two that are normally allowed.

Attorneys General

● TX-AG: Gov. Greg Abbott on Wednesday appointed former Secretary of State John Scott as interim attorney general to replace incumbent Ken Paxton, who was automatically suspended last week when the state House impeached him. Paxton, who like Abbott and Scott is a Republican, would resume his duties if he avoids being convicted by two-thirds of the state Senate, while we recently detailed what would happen to this office should he be removed.

Legislatures

● NH State House: New Hampshire officials just scheduled a pivotal special election in the Republican-run state House that could see each party wind up with exactly 200 seats in the chamber and potentially put control of the body up for grabs.

The state Executive Council on Wednesday ordered that a primary for Rockingham County's 1st District take place on Aug. 1, with a general election on Sept. 19. If, however, only one Republican and one Democrat file by the June 9 deadline, then the primary would be skipped and the general election would get bumped up to the day that nominating contests would have otherwise been held.

The district in question became vacant after Republican Rep. Benjamin Bartlett, who also works for the U.S. Department of Veterans Affairs, resigned in April, citing health issues. However, a report in the Boston Globe (building off a post by blogger Doug Bates) suggested that the Hatch Act, which prohibits federal employees from engaging in partisan political activity, may have played a role.

Whatever the reason for his departure, Bartlett's district is a competitive one: Donald Trump carried it by less than a point in 2020, 49.1 to 48.7, and the trends appear to be favorable for Democrats, since Trump's margin in 2016 was more than 8 points. Democratic Sen. Maggie Hassan, meanwhile, won the district 50-48 during her successful campaign for reelection last year as Democrats fell just 10 votes shy of securing one of the district's three seats. (Only one seat will be up in the special.)

At the moment, Republicans hold 200 seats in the House and Democrats 198, with a separate special election for a safely blue seat likely this fall. If Democrats prevail in both, that would lead to an exact 200-all tie, though it's not clear whether control of the chamber would immediately be impacted. That's because at least five Democrats voted for Republican Sherman Packard as speaker, and they may or may not be interested in returning to the fold. (We don't know who those wayward Democrats are, by the way, because the speaker is elected via secret ballot.)

However, more specials are likely, particularly after the current legislative session adjourns on June 29, which is when a new budget must pass. Party leaders will undoubtedly try to forestall more resignations, but turnover is always high in the New Hampshire House, where lawmakers are paid just $100 a year. And given Democratic success in special elections both in the Granite State and nationwide this year, there's good reason to think they'll be able to increase their numbers as the opportunity arises.

Mayors and County Leaders

● Denver, CO Mayor: Campaign finance reports show the super PAC supporting former state Sen. Mike Johnston is finishing with a huge financial lead over former Denver Metro Chamber of Commerce CEO Kelly Brough's allies ahead of next week's general election between the two Democrats. Advancing Denver, according to the Colorado Gazette, outpaced A Better Denver $1.6 million to $380,000 from April 5 through May 30.

The pro-Johnston PAC's major donors, notes Colorado Newsline, are some of the same people who supported his unsuccessful 2018 campaign for governor: LinkedIn founder Reid Hoffman; former New York City Mayor Michael Bloomberg; former Davita CEO Kent Thiry; and hedge fund managers John Arnold and Steve Mandel. The largest funder for Brough's side for the general election Pete Coors, who was the 2004 GOP nominee for Senate.

Prosecutors and Sheriffs

● San Francisco, CA District Attorney: Former District Attorney Chesa Boudin, who was recalled last year, said Wednesday he would not challenge incumbent Brooke Jenkins in the 2024 instant-runoff contest. Boudin will instead become the inaugural executive director for a new Criminal Law & Justice Center at the UC Berkeley School of Law, which he says “will serve as a national research and advocacy hub focused on critical law and policy changes to advance justice in the criminal legal system.”

Morning Digest: Wisconsin’s 2023 Supreme Court race may decide fate of abortion and gerrymandering

Posted on December 1, 2022 by Daily Kos Elections

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

Subscribe to The Downballot, our weekly podcast

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Leading Off

● WI Supreme Court: With the conservative majority on the Wisconsin Supreme Court on the line in 2023—and with it the outcomes of future battles over fair elections and abortion rights—the contest to succeed retiring conservative Justice Patience Roggensack will likely be one of the most consequential elections in any state next year.

Wednesday was the campaign launch date for conservative Waukesha County Judge Jennifer Dorow, who recently finished presiding over the high-profile trial where Darrell Brooks was sentenced to life in prison for killing six people at last year’s Waukesha Christmas parade. Dorow joins a field that includes former Supreme Court Justice Daniel Kelly, who is also a conservative, and two liberal-aligned candidates, Dane County Judge Everett Mitchell and Milwaukee County Judge Janet Protasiewicz.

All candidates will compete on the same nonpartisan primary ballot on Feb. 21, and the top two contenders will advance to an April 4 general election alongside local elections throughout much of the state that day. Petitioning to get on the ballot starts on Dec. 1, and the filing deadline is Jan. 4.

Although Supreme Court candidates in Wisconsin don't have partisan labels on the ballot, the ideological fault lines have been clear in recent elections, which have looked very similar to partisan contests. One key difference this time, though, is that each side is fielding two candidates apiece, meaning either progressives or conservatives could snag both spots in the second round of voting.

To avoid such a lockout, both factions may try to consolidate around a single standard-bearer before the primary. One far-right billionaire is already signaling that he'll make his influence felt: Dick Uihlein, who along with his wife Elizabeth was the biggest GOP megadonor nationally in 2022, has indicated he'll spend millions backing Kelly.

The election will be pivotal, and abortion rights tops the list of reasons why. Most notably, the U.S. Supreme Court's reversal of Roe v. Wade earlier this year resurrected an 1849 Wisconsin law that makes it a felony to perform an abortion in almost all cases. Democratic Attorney General Josh Kaul, who narrowly won re-election in November, has filed a suit seeking to have that 19th century law ruled unenforceable, a case that will likely wind up before the state Supreme Court.

The court has also been central in the battle against GOP voter suppression efforts. In 2020, Kelly was ousted by liberal Judge Jill Karofsky in an election at the start of the COVID-19 pandemic that was plagued by exceptionally long voting lines due to the closure of most polling places. The court's conservative majority exacerbated the problem by blocking an executive order by Democratic Gov. Tony Evers to delay the election, but Kelly nonetheless lost by a wide 55-45 margin. More recently, the conservative majority ruled in favor of a ban on absentee ballot drop boxes following their widespread adoption in the 2020 elections due to the pandemic.

In addition to restrictions on voting, the court is also critical to the fate of Republican gerrymandering efforts. Heading into the current round of redistricting, Wisconsin's state government was divided, with Evers facing a legislature that Republicans dominated in large part thanks to their previous gerrymanders. When the two parties predictably deadlocked over drawing new congressional and legislative maps, the courts stepped in and took over the process, ostensibly with the aim of drawing neutral lines.

However, in another ruling along ideological lines, the court's conservative majority made up its own requirement that any new maps make only the minimum changes possible when compared to the previous maps, solely to restore population equality. Justice Brian Hagedorn, the lone conservative who is occasionally a swing vote, later sided with his three liberal colleagues to adopt new districts proposed by Evers because they moved fewer residents than GOP proposals did. However, the least-change requirement meant that even the maps proposed by the Democratic governor still heavily favored Republicans compared to their statewide vote share, effectively locking in much of the impact of the prior decade's GOP gerrymanders in all but name.

Wisconsin once again saw the dramatic effects of this rigged redistricting in action this year: Although Evers beat his GOP foe 51-48 and Republican Sen. Ron Johnson turned back his Democratic challenger 50-49, Republicans gained a two-thirds supermajority in the state Senate and fell just two seats shy of one in the Assembly. While Democrats have next to no hope of winning majorities so long as these districts stand, a more independent-minded court could overturn these maps for violating state constitutional protections and order the adoption of fairer maps that more accurately reflect Wisconsin's status as a longtime swing state.

The Downballot

● Why did Democrats do so surprisingly well in the midterms? It turns out they ran really good campaigns, as strategist Josh Wolf tells us on this week's episode of The Downballot. That means they defined their opponents aggressively, spent efficiently, and stayed the course despite endless second-guessing in the press. Wolf gives us an inside picture of how exactly these factors played out in the Arizona governor's race, one of the most important Democratic wins of the year. He also shines a light on an unsexy but crucial aspect of every campaign: how to manage a multi-million budget for an enterprise designed to spend down to zero by Election Day.

Co-hosts David Nir and David Beard, meanwhile, take a look at how turnout differed between Republicans and Democrats in 2022 (and why it's bad news for the GOP for 2024); why the Republican House majority is the most precarious it's been in a long time; how bonkers conspiracy theorists in a dark-red county in Arizona could flip two major races by refusing to certify their own votes; and a key special election coming up in Wisconsin that could allow Democrats to roll back the GOP's new supermajority in the state Senate.

New episodes of The Downballot come out every Thursday morning. You can subscribe on Apple Podcasts to make sure you never miss a show. You'll find a transcript of this week's episode right here by noon Eastern Time.

Georgia Runoff

● GA-Sen: Senate Majority PAC's Georgia Honor affiliate is deploying another $5.8 million in advertising for the final week of the runoff, and its new spot opens with the narrator proclaiming, "Herschel Walker's violence has hurt so many people." The commercial then plays clips or quotes of both the Republican's ex-wife and son saying he'd threatened to kill them, before the narrator reminds viewers, "An ex-girlfriend says Walker used threats of violence to force her to have an abortion."

Meanwhile, another SMP affiliate, Majority Forward, has announced that it's spending $11 million on a get-out-the-vote effort in partnership with America Votes. Democratic incumbent Raphael Warnock is also airing a minute-long ad starring former President Barack Obama, who opens, "Serious times call for special leaders."

Governors

● IN-Gov, IN-Sen: Politico's Adam Wren reported Wednesday that Sen. Mike Braun filed paperwork the previous day for a potential run to succeed his fellow Republican, termed-out Gov. Eric Holcomb. Braun, whose seat is also up in 2024, didn't quite commit to a bid to lead the Hoosier State, saying, "We'll talk to you down the road." Braun's chief of staff, though, sounded far more sure about his boss' plans, telling Wren, "Mike Braun has filed his paperwork to run for governor and will be making an official announcement of his candidacy very soon."

There's already plenty of talk about which Republicans could run to replace Braun in the Senate. A spokesperson for Rep. Jim Banks said last week, "He will strongly consider it if Sen. Braun runs for governor in 2024." Politico also reported back in September that fellow Rep. Victoria Spartz had told people she planned to campaign for an open seat.

It's rare for a first-term senator to leave after just one term, though Braun burned his bridges just after the election when he supported NRSC chair Rick Scott's failed effort to oust Senate Minority Leader Mitch McConnell. It's also fairly unusual for members of the upper chamber to campaign for governor, where most states have term limits for their chief executives.

Indeed, the University of Minnesota's Eric Ostermeier last year found that just three sitting senators have been elected governor during the 21st century, with Kansas Republican Sam Brownback pulling this off most recently in 2010. Louisiana Republican David Vitter also tried this career switch in 2015, but the scandal-ridden senator lost to Democrat John Bel Edwards in a true upset.

House

● NJ-07: NJ Spotlight News this week asked outgoing incumbent Tom Malinowski if he planned to seek another bout against Republican Rep.-elect Tom Kean Jr., to which the Democrat responded, "I'm going to stay very very interested in the fate of our district, New Jersey, and the fight for democracy in America. I haven't decided how I'm gonna do that, but I'm certainly not going anywhere." Kean unseated Malinowski 52-48 in a constituency that Biden won 51-47.

● VA-04: Several Democrats aren't ruling out running in the upcoming special election to succeed the late Rep. Donald McEachin, though they're understandably reluctant to say much this soon after the congressman's death. It also remains to be seen how Democrats will choose their nominee for this safely blue Richmond-based seat.

Del. Lamont Bagby told 8News of McEachin, whom he's called a father or brother figure, "I think it's a little too soon to talk about it, but there is no secret I've always wanted to follow in my big brother's footsteps." Fellow Del. Jeff Bourne likewise relayed that he was still "trying to process the immense loss of such a wonderful father, husband and public servant."

State Sen. Jennifer McClellan, who succeeded McEachin in the legislature, responded, "We're mourning him right now and that is a conversation that probably will be had eventually but I'm not prepared to have it right now." A spokesperson for Richmond Mayor Levar Stoney also declared that a special election bid "is not on the Mayor's mind at all right now."

Finally, state Sen. Joe Morrissey, who has long been one of the most unreliable Democrats in the legislature in between two different stints as an independent, said, "It's way too premature for me to say yay or nay." Morrissey, though, sounded happy where he is as the key vote in Team Blue's 21-19 majority, adding, "I will say this. I love being in the [state] Senate. I love being able to do something substantive for Virginia, and I'm not so sure that being one of 435 members would allow me to be as effective."

Mayors and County Leaders

● Denver, CO Mayor: State Rep. Alex Valdez this week became the latest candidate to enter the ever-expanding April 4 nonpartisan primary to succeed Mayor Michael Hancock, a fellow Democrat who cannot seek a fourth term. "The next mayor must be able to bring progressives and moderates together to solve challenges," said Valdez, who previously founded a solar energy company.

Valdez, like several other contenders in what's now a 22 person-field, would be the second Latino elected to lead Colorado's capital and largest city; the first was Federico Peña, who won the first of his two terms in 1983. Valdez would also be the Denver's first gay mayor, a distinction he'd share with fellow state Rep. Leslie Herod.

Prosecutors

● Philadelphia, PA District Attorney: The state Senate will begin its trial of Philadelphia District Attorney Larry Krasner, a leading criminal justice reformer whom the outgoing GOP majority in the state House voted to impeach two weeks ago, on Jan. 18, which is after the new legislature takes office. It would take 34 senators to hit the two-thirds majority needed to remove Krasner, and since Republicans will only control 28 of the 50 seats next year, they'd need at least six Democrats to side with them.

That's a tough task, though, especially since just one Democrat, Jimmy Dillon, sided with the GOP on Tuesday on a pair of votes setting the rules for the trial. Potentially complicating things further is the fact that Republican John Gordner resigned this week halfway through his term in order to become counsel to state Senate Interim President Pro Tempore Kim Ward.