Category: EricDoden

Morning Digest: Michigan Democrats retake House majority, clearing way for progressive priorities

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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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● MI State House: Michigan Democrats successfully defended a pair of vacant state House seats in the Detroit suburbs on Tuesday, restoring the outright majority the party won in 2022. With Democrats, who also hold the governorship and state Senate, back in full control of state government, the party once again has the opportunity to advance its agenda.

In one of Tuesday's specials, Westland City Councilman Peter Herzberg defeated Republican Josh Powell 60-38 in the 25th District, which, according to data from Dave's Redistricting App, backed Joe Biden 59-40 in 2020.

Meanwhile, Macomb County Commissioner Mai Xiong likewise beat Republican Ronald Singer 66-34 in the 13th District, which went for the president 64-35. Xiong's win makes her the first Hmong American elected to the state House.

Both seats became vacant following last November's local elections when a pair of Democrats, Kevin Coleman of Westland and Lori Stone of Warren, resigned after being elected mayor of their respective communities. While there was little question that Democrats would win the special elections, Coleman and Stone's absences meant that the 110-chamber would be tied 54-54 for several months.

Democrat Joe Tate remained speaker during the ensuing time, but his party was unable to pass legislation without Republican support. This state of affairs, however, has changed now that Herzberg and Xiong have prevailed and restored Democrats to a 56-54 edge (they also have a 20-18 advantage in the Senate).

Despite their narrow majorities, Democrats passed an ambitious agenda last year, which included repealing anti-union "right to work" laws, reversing a 1931 abortion ban, and protecting the rights of LGBTQ+ people. Their hopes for the coming year are similarly far-reaching.

One major goal will be the passage of the $80.7 billion state budget that Democratic Gov. Gretchen Whitmer is touting as a way to provide both free preschool and community college. The House will also have the opportunity to approve a voting rights package to improve access to the ballot box for people of color, voters with disabilities, and people who rely on a language other than English.

While the governorship and state Senate aren't up until 2026, Democrats must once again defend their narrow majority in the lower chamber this November. That task got a bit more complicated this year when a panel of federal judges approved a new map for the state House drawn by Michigan's independent redistricting commission to replace one the court determined improperly factored in race.

The partisan impact of this shift was limited, as Donald Trump would have won the same 56-54 majority of districts under both sets of maps. Xiong, though, will likely be in for a considerably tougher contest this fall than she was on Tuesday: While Biden easily carried the version of the 13th District she won this week, the revamped version favored him just 50-48.

Election Recaps

● AL-02: Former Justice Department official Shomari Figures defeated state House Minority Leader Anthony Daniels 61-39 in Tuesday's Democratic primary runoff for Alabama's revamped 2nd District. 

Figures' nomination in this seat, which now takes in Mobile, Montgomery, and the eastern Black Belt, came after the crypto-aligned super PAC Protect Progress spent another $900,000 to support him in the second round of voting. The group previously deployed over $1.7 million to promote Figures ahead of the March 5 primary, which saw him lead Daniels 43-22.

Figures will be favored in the general election against attorney Caroleene Dobson, who won the GOP runoff by beating former state Sen. Dick Brewbaker by a 58-42 margin. The new version of the 2nd, which was put in place by a federal court, is now a plurality Black district that would have backed Joe Biden 56-43.

Republican Rep. Barry Moore last year all but acknowledged his redrawn seat was unwinnable for his party when he decided that, rather than seek reelection to the new 2nd, he'd challenge fellow incumbent Jerry Carl in the dark red 1st. (Moore won 52-48 last month.)

With Democratic Rep. Terri Sewell poised to easily hold the reliably blue 7th District around Birmingham, a win for Figures in November would give Alabama two Black members of Congress for the first time. It would also be the first time that Democrats have held two House seats in Alabama since Republicans secured their current 6-1 advantage following the 2010 red wave.

Figures, who hails from a prominent political family in Mobile, would also be the first African American to represent this Gulf Coast city in Congress since the 1870s. Two of the three Black representatives who held office during Reconstruction, Republicans Benjamin Turner and Jeremiah Haralson, won Mobile-based seats; the third, James Rapier, represented an area around Montgomery and Dothan.

In addition, Figures would be the first Democrat to represent Mobile in the House since the early 1960s, a time when segregationist Democrats still held a monopoly on power in the state. The last Mobile-based Democratic congressman was Frank Boykin, a conservative Dixiecrat who won what was then numbered the 1st District in a 1935 special election.

Boykin's status was threatened, though, after the state lost one of its nine House seats following the 1960 census and the legislature failed to approve a new map in time for the 1962 elections.

All nine members of the House delegation, which had been all-Democratic since the turn of the century, ended up competing in a statewide primary for eight at-large seats, and Boykin was the unlucky incumbent who took last place. (He was convicted on corruption charges the next year, but President Lyndon Johnson later pardoned the former congressman.)

New districts were approved for the 1964 elections, but Republicans had begun making inroads in the state by emphasizing their opposition to civil rights for African Americans. Republican Jack Edwards decisively won the open 1st District around Mobile as the GOP, aided by Barry Goldwater's landslide win over LBJ in Alabama, secured four other House seats. While the GOP lost two of its new members in 1966, it continued to hold the 1st District throughout the ensuing decades.

Alabama's current court-drawn map, however, means that, for the first time since Boykin's era, most voters in Mobile will soon likely have a Democratic congressman. About 90% of the city is located in the new 2nd District, according to data from Dave's Redistricting App, while the balance is contained in the 1st.

And while the GOP's hold on the 1st District, which would have favored Donald Trump 74-24 in 2020, isn't at risk, the new boundaries were bad news for one Mobile-area Republican. Carl, a former member of the Mobile County Commission, lost his March 5 primary to Moore, a colleague whose base is in the more rural Wiregrass region to the east. 

Senate

● MD-Sen: A new survey for OpinionWorks shows former Republican Gov. Larry Hogan leading his two prospective Democratic foes, Rep. David Trone and Prince George’s County Executive Angela Alsobrooks, 53-40 and 54-36, respectively. The poll, which was conducted for The Baltimore Sun, FOX45, and the University of Baltimore, did not include presidential numbers in Tuesday's release.

A pair of March polls from Braun Research conducted for two different sets of clients also showed Hogan ahead in general election matchups, though they disagreed just how well he was doing in this dark blue state.

The early March numbers for the Washington Post and the University of Maryland placed the Republican ahead of Trone and Alsobrooks by margins of 49-37 and 50-36, which is similar to what OpinionWorks now finds. But a survey conducted later in the month for Goucher College and the Baltimore Banner showed Hogan edging out Trone just 43-42 and leading Alsobrooks by an only slightly larger 44-40 spread.

OpinionWorks also looks at both parties' May 14 primaries. On the Democratic side, Trone enjoys a 48-29 edge over Alsobrooks, which is larger than what other recent polls have shown. The firm also gives us a rare glance at the GOP side, where Hogan is crushing wealthy perennial candidate Robin Ficker 69-9.

● NJ-Sen: A state court judge ruled on Monday that election officials in New Jersey could continue to print ballots for the Republican primary that award special placement to party-endorsed candidates, saying it was "too late" to change course. Previously, a federal judge forbade Democrats from using ballots organized in this way and instead said candidates had to be grouped by the office they're seeking.

However, even though that federal court ruling applied only to Democratic primaries, Superior Court Judge John Harrington suggested that Republicans should have followed suit in eliminating the so-called "county line." The federal case is currently being appealed, and it's possible that the 3rd U.S. Circuit Court of Appeals could extend the lower court's ruling to include the GOP.

● NV-Sen: Former diplomat Jeff Gunter is airing his first TV ad against Army veteran Sam Brown ahead of the June 11 Republican primary, though it's anyone's guess how much he's actually spending to get it on the air. Gunter said two weeks ago he'd be deploying a total of $3.3 million on ads for the rest of the contest, but as of Friday, AdImpact reported he'd booked only $654,000.

The new spot accuses Brown of being aided by "dirty cash from Mitch McConnell, the swamp king himself." Brown is the NRSC's endorsed candidate to take on Democratic Sen. Jacky Rosen.

● DSCC: The Democratic Senatorial Campaign Committee announced Tuesday that it had reserved a total of $79 million for TV, radio, and digital ads in races across the nation. The news came after its allies at Senate Majority PAC booked what Politico's Burgess Everett says is now $239 million in several battlegrounds.

Everett writes that a large portion of the DSCC's reservation is budgeted toward TV ads in three Democratic-held seats in swing states: $11 million is going to defend Michigan's open seat, while Wisconsin Sen. Tammy Baldwin will receive $10 million in support and Pennsylvania Sen. Bob Casey will benefit from $8 million.

Another $2 million is being devoted to radio buys to help Montana Sen. Jon Tester, but we don't know yet how the remaining $48 million is being assigned. Everett says "seven-figure digital advertisements" will be used in the above states as well as in Arizona, Florida, Nevada, Ohio, and Texas. (Florida and Texas are held by GOP incumbents Rick Scott and Ted Cruz.) An unnamed DSCC aide says some money will also be directed toward coordinated buys with candidates.

Governors

● IN-Gov: Campaign finance reports are in for the first quarter of the year, and the Indianapolis Star's Kayla Dwyer has collected the numbers from all the notable Republicans competing in the May 7 primary for governor:

  • Businessman Eric Doden: $4.4 million raised, $251,000 cash on hand
  • Sen. Mike Braun: $2.9 million raised, $946,000 cash on hand
  • Former state Commerce Secretary Brad Chambers: $1.5 million raised, additional $3 million self-funded, $761,000 cash on hand
  • Lt. Gov. Suzanne Crouch: $1.4 million raised, $3.1 million cash on hand
  • Former Attorney General Curtis Hill: $201,000 raised, $34,000 cash on hand

Dwyer notes that Doden received $3 million in donations and loans from his parents, which represents most of the money he brought in. Braun, for his part, took in $1 million from Richard Uihlein, who is one of the most prolific conservative megadonors in the country.

● VA-Gov: Democratic Rep. Abigail Spanberger publicized an endorsement on Tuesday from Clean Virginia, a prominent environmental group that the Richmond Times-Dispatch says spent almost $12 million in last year's legislative races.

That effort included several 2023 Democratic primaries where Clean Virginia's candidates opposed contenders supported by Dominion Energy. Clean Virginia helped Lashrecse Aird deny renomination to Dominion's ally, conservative state Sen. Joe Morrissey, while it was on the winning side against two other upper chamber candidates backed by the mammoth energy producer. Dominion, though, successfully defended two Democratic state senators against Clean Virginia-supported challengers.  

Spanberger faces Richmond Mayor Levar Stoney in next year's Democratic nomination contest to replace GOP Gov. Glenn Youngkin, who is barred from seeking a second consecutive term. Spanberger ended 2023 with a wide $3.6 million to $758,000 cash on hand advantage, but since fundraising reports covering the first six months of the year won't be available until July 15, we'll need to wait a while for updated numbers.

House

● CO-05: State Sen. Bob Gardner said over the weekend that election officials informed him that he'd failed to submit enough signatures to make the June 25 Republican primary ballot. Gardner, who is termed out of his current job, acknowledged his congressional campaign was over to Colorado Politics. "I've always believed there's more to life than the next political office," he said, "so there's many opportunities to serve."

Gardner's involuntary departure makes the primary to replace retiring GOP Rep. Doug Lamborn a two-way duel between state party chair Dave Williams, who has Donald Trump's backing, and conservative radio host Jeff Crank, who has Speaker Mike Johnson in his corner. Crank decisively outraised Williams $302,000 to $68,000 among donors during the first quarter of the year, though Williams self-funded an additional $103,000. Crank finished March with a $228,000 to $166,000 cash advantage.

Both candidates have an unhappy electoral history with Lamborn, who has not taken sides. Crank narrowly lost to Lamborn the last time this seat was open in 2006 and unsuccessfully sought to boot him two years later, while Williams waged a failed challenge to Lamborn last cycle. The GOP nominee will be favored in the general election for the 5th District, a Colorado Springs-based seat that favored Trump 53-43 in 2020.

● PA-01: A new group called True Patriots PA, which Politico says has ties to Democrats, has spent at least $50,000 on mailers attacking GOP Rep. Brian Fitzpatrick in the hopes that his far-right primary opponent somehow unseats him. One flyer accuses the incumbent of becoming "best friends with Kamala Harris and the Democrats," while another calls him "the biggest RINO in Congress."

Politico reports the treasurer of True Patriots also works for Democratic Rep. Eric Swalwell of California, a prominent progressive. Democrats would be thrilled if anti-abortion activist Mark Houck denied renomination to Fitzpatrick in this competitive suburban Philadelphia seat, but there's not much sign that the congressman is in danger against the underfunded challenger.

Fitzpatrick did air commercials on streaming TV last month branding Houck as a "porn addict," but Inside Elections reported at the time that the congressman was spending just $23,000 on those ads. The winner will take on retired Army pilot Ashley Ehasz, a Democrat who is hoping to avenge her 55-45 loss against Fitzpatrick from last cycle.

● SC-01: The conservative super PAC Winning for Women has launched what Inside Elections' Jacob Rubashkin says is at least a $161,000 TV buy to promote former state cabinet official Catherine Templeton in the June 11 GOP primary. The spot, which does not mention Trump-backed incumbent Nancy Mace, declares that Templeton "will stand with President Trump's border policies."

The Washington Post's Patrick Svitek notes that Winning for Women supported Mace in 2022 when she successfully fended off a primary opponent who was endorsed by Trump, and it initially backed her again in May of last year. But while Mace responded by tweeting out her "[e]normous gratitude," the two sides appear to have had a falling out sometime after the congresswoman joined with seven other House Republicans to end Kevin McCarthy's speakership.

"They’re doing this all because the former Speaker is a mean girl on a revenge tour against the only woman who voted against him for Speaker," a Mace spokesperson said in a statement about the congresswoman's erstwhile allies. "And this time he’s hiding behind the skirts of W4W."

Prosecutors & Sheriffs

● Alameda County, CA District Attorney: County election officials announced Monday evening that the campaign to recall Alameda County District Attorney Pamela Price had turned in enough signatures to force a vote.

It will be up to the Board of Supervisors, which is set to meet on April 30, to decide when the election will take place. Recall expert Joshua Spivak identifies both the timing of the race, as well as the question of whether or not a replacement would be elected on the same ballot, as some of the "areas for potential lawsuits."

Price was elected in 2022 as district attorney for this dark blue East Bay county, which is home to Oakland and Berkeley, by campaigning as a criminal justice reformer. Her critics, though, quickly began arguing that she'd done a poor job combating violent crime. Price’s team, meanwhile, said last month that her ouster would "undermine the results of a free and fair election" and "jeopardize the historic progress achieved in recent years."

● Hillsborough County, FL State Attorney: Democrat Andrew Warren announced Tuesday that he would run this fall to reclaim the prosecutor's office in Hillsborough County that Republican Gov. Ron DeSantis permanently suspended him from in 2022.

Warren is seeking to oust Republican Suzy Lopez, whom DeSantis appointed to replace him, in a county that includes Tampa and many of its suburbs. First, though, he needs to get past attorney Elizabeth Martinez Strauss, who hails from a prominent local legal family, in the Aug. 20 Democratic primary.

Warren won his second term 53-47 in 2020 as Joe Biden was carrying Hillsborough by a similar spread. However, his tenure came to a sudden end two years later when DeSantis removed him from office for, among other things, refusing to prosecute people who obtain or provide abortions.

Warren initially had little success in court challenging his dismissal and announced in January that he'd decided not to run again because there was a "high risk" that the governor would respond to his victory by removing him again.

However, he unexpectedly got some welcome news just two days later when a federal appeals court determined that a lower court judge had incorrectly concluded that several of the factors that had "motivated DeSantis to suspend Warren"—such as Warren's opposition to prosecuting individuals who obtain or provide abortions—were not protected by the First Amendment. The move did not guarantee Warren's reinstatement, but the Democrat quickly acknowledged he was reconsidering his plans not to run.

There have been no major developments since then, and the Tampa Bay Times says the case hasn't even been formally returned to the lower court yet. Still, Warren told the Times on Tuesday that the appeals court's decision "makes clear that the governor is not above the law and that the will of the people matters."

Strauss, for her part, told the paper that, while she believes Warren was unfairly ousted, his legal situation makes him "a risky candidate." She added that she'd remain in the race unless the courts act on his case before the April 26 candidate filing deadline.

Poll Pile

  • TX-Sen: Texas Hispanic Policy Foundation: Ted Cruz (R-inc): 46, Colin Allred (D): 41, Ted Brown (L): 4 (48-36 Trump in two-way, 46-34 Trump with third-party candidates)

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Morning Digest: Democratic landslide in Alabama is massive warning for GOP on IVF

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Leading Off

● AL State House: Democrat Marilyn Lands defeated Republican Teddy Powell on Tuesday in a 62-37 landslide, easily prevailing in a nationally watched special election for a GOP-held seat in the Alabama House of Representatives.

Lands outperformed the 10th District's normal lean by wide margins: Donald Trump carried the district by a 49-48 spread in 2020, according to Dave's Redistricting App, while voters favored Republican David Cole over Lands 52-45 two years later.

While Republicans will still retain their supermajority in the chamber, both parties were paying close attention to see whether a recent ruling from the Alabama Supreme Court that threatened access to in vitro fertilization could be a winning issue in competitive areas like this suburban Huntsville constituency.

Lands focused intently on reproductive rights in her campaign to replace Cole, who resigned last summer after getting convicted on voter fraud charges. "It's shameful that today women have fewer freedoms than I did two decades ago," she said in one spot excoriating the state's near-total abortion ban. Lands, a mental health counselor, also argued the legislature didn't do enough to protect IVF when it passed a law earlier this month that shields clinics from liability.

Powell, a member of the City Council in Madison, adopted a very different strategy. He instead focused on issues like infrastructure and downplayed the importance of reproductive rights. "It's certainly an issue that needs to be dealt with," he told Politico, "but not our top issue. I don't think that this is the issue that wins or loses the race."

That calculus turned out to be wrong, and Lands just gave Democrats good reason to believe that Powell will be only the first of many Republicans to pay the price at the ballot box this year.

Senate

● NJ-Sen: Candidate filing closed Monday for New Jersey's June 4 primaries, and the New Jersey Globe has a list of contenders. Not everyone who turned in paperwork will necessarily make the ballot, though, since anyone can challenge the validity of a candidate's petitions.

The GOP's Senate lineup shrunk just before the deadline when former TV reporter Alex Zdan announced he was dropping out. His departure leaves developer Curtis Bashaw, who picked up Zdan's endorsement the next day, and Mendham Borough Mayor Christine Serrano Glassner as the main Republican candidates campaigning in this solidly blue state.

Rep. Andy Kim, meanwhile, is the heavy favorite for the Democratic nomination after his top rival, former financial analyst Tammy Murphy, unexpectedly dropped out just ahead of the filing deadline.

● TX-Sen: Marist College finds Republican Sen. Ted Cruz leading Democratic Rep. Colin Allred 51-45, with respondents favoring Donald Trump by a larger 55-44 spread. This is Marist's first look at this race, as well as the first poll we've seen here since Allred won the March 5 primary.

Governors

● IN-Gov: Republican Sen. Mike Braun made news on Friday when he missed the vote to avert a government shutdown hours after he attended a fundraiser back in Indiana, prompting one of his intra-party rivals for governor to quickly release an ad taking him to task.

Wealthy businessman Eric Doden's spot focuses on a claim by Braun's chief of staff that the senator mistakenly believed the matter would be settled the next day and therefore "decided to spend the night at home and fly out Saturday morning."

"Senator Braun: Sleeping on the job?" reads the on-screen text at the conclusion of the almost wordless commercial. Politico's Adam Wren reminds us that Braun labeled Democratic Sen. Joe Donnelly "Sleepin' Joe" during his successful 2018 campaign.

House

● FL-27: EMILYs List has endorsed Miami-Dade County School Board member Lucia Baez-Geller's campaign to take on GOP Rep. María Elvira Salazar. Baez-Geller faces former Key Biscayne Mayor Mike Davey in the Aug. 20 Democratic primary for this Miami-area seat.

● TX-22: The House Ethics Committee announced Tuesday that it's investigating Republican Rep. Troy Nehls, but it did not provide any details about why. Nehls subsequently described the probe as an "inquiry into my campaign's finances," though he didn't offer further information about the allegations. The Ethics Committee has pledged to "announce its course of action in this matter" by May 10.

Nehls won renomination without opposition this month in Texas' 22nd District, a suburban Houston constituency that backed Donald Trump 57-41 in 2020.

Attorneys General

● TX-AG: Federal prosecutors announced a deal with Texas Attorney General Ken Paxton on Tuesday under which they agreed to drop his nearly nine-year-old indictment for securities fraud as long as he pays $271,000 in restitution over the next 18 months. The agreement also requires the far-right Republican to perform 100 hours of community service, but he'll face no jail time.

The Texas Tribune, however, notes that Paxton's legal woes are not all resolved. Federal authorities reportedly are continuing to investigate whether the attorney general used his post to benefit a wealthy ally. The state House impeached Paxton last May over these allegations, only for the Senate to subsequently acquit him.

Four of Paxton's former top aides are also still suing him for allegedly retaliating against them for helping in the federal investigation. The Texas State Bar additionally brought a lawsuit for professional misconduct lawsuit against him in 2022 over his efforts to overturn the results of the last presidential election, though the case remains unresolved.

Paxton has spent the last several months working to punish the Republicans who crossed him last year. The attorney general backed a slate of legislative candidates in the March 5 primaries, several of whom ousted his enemies.

Other GOP incumbents, including state House Speaker Dade Phelan, were forced into runoffs, which will take place on May 28. Donald Trump in January joined Paxton in supporting David Covey's bid to unseat Phelan, with Trump citing the speaker's support for what he characteristically dismissed as "the Fraudulent Impeachment."

Paxton, however, has hinted that he could personally challenge an even more prominent intra-party critic next cycle rather than seek a fourth term. In September, he celebrated his acquittal by the state Senate by telling Fox he wasn't ruling out a primary bid against Sen. John Cornyn in 2026.

Paxton intensified Senate chatter last month when he responded to the news that Cornyn would seek to replace Mitch McConnell as the chamber's top Republican by tweeting, "It will be difficult for @JohnCornyn to be an effective leader since he is anti-Trump, anti-gun, and will be focused on his highly competitive primary campaign in 2026." Cornyn fired back by snarking, "Hard to run from prison, Ken," a response that lost much of its bite on Tuesday.

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

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Leading Off

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

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

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

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

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

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

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

The Downballot

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

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

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

Redistricting

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

Senate

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

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

Governors

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

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

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

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

House

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

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

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

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

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

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

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

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

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

Legislatures

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

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

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

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

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

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

Morning Digest: Democrats and Republicans unite to elect an independent as speaker … in Pennsylvania

Posted on 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.

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Leading Off

● PA State House: In a pair of true surprises, moderate Democrat Mark Rozzi was elected speaker of the Pennsylvania state House Tuesday just before he announced that he’d lead the chamber as an independent.

Rozzi, who will be the first non-aligned speaker in the history of the body, defeated Republican state Rep. Carl Metzgar 115-85 after Democratic leader Joanna McClinton threw her support behind him rather than submit her own name. Following that endorsement, the entire Democratic caucus supported Rozzi, while 16 Republicans crossed over to back him. Rozzi’s win comes after two months of uncertainty about which party would lead the chamber, though few observers guessed that the answer would be neither.

Democrats, including Rozzi, won 102 of the 203 seats in the House on Nov. 8, which appeared to set them up for their first majority since the 2010 GOP wave. However, Democrats could only claim 99 members because state Rep. Tony DeLuca was re-elected a month after he died, while fellow Pittsburgh-area Democrats Summer Lee and Austin Davis resigned weeks later to prepare to assume their new roles as congresswoman and lieutenant governor, respectively. Republicans therefore began Tuesday with a 101 to 99 advantage, but no one knew if that would be enough for the party to elect a speaker.

Indeed, a deadlock appeared certain after one Republican joined the Democratic caucus in voting to adjourn during the middle of the day―a tied vote that failed because the remaining 100 Republicans were opposed. Unexpectedly, though, multiple Republicans and Democrats soon nominated Rozzi, whose name hadn’t previously been seriously mentioned. Rozzi prevailed with the support of all of the Democrats and a minority of Republicans, including Bryan Cutler, who had been speaker going into November’s elections.

So, what happens next? First, there will almost certainly be a vacant GOP-held seat before long, as state Rep. Lynda Schlegel Culver is the favorite to win the Jan. 31 special election for a dark red state Senate district. Culver’s 108th House District supported Donald Trump 65-33 in 2020, but her absence could deny her party a crucial vote in the closely divided lower chamber until a special election could take place. PennLive.com says such a race likely wouldn’t take place before May 16, which is the same date as Pennsylvania's regular statewide primary.

As for the three vacant Democratic constituencies, both parties agree that a Feb. 7 special will go forward in DeLuca’s HD-32, which went for Joe Biden 62-36. In Pennsylvania special elections, the parties, rather than voters, choose nominees: Democrats have selected local party official Joe McAndrew, while Republicans are fielding pastor Clay Walker.

There’s no agreement, however, about when the contests for Lee’s and Davis’ constituencies will take place. That’s because legislative special elections are scheduled by the leader of the chamber with the vacant seat, but there was no speaker between late November, when the last session ended, and Tuesday. That duty, as a result, fell to the majority leader, and both McClinton and Cutler claimed that title in December, issuing dueling writs of election: McClinton set these two specials to also take place on Feb. 7, while Cutler picked May 16.

Cutler filed a lawsuit to block McClinton’s schedule, but the Pennsylvania Department of State is going forward with February specials right now. There’s no question that Democrats will hold Lee’s HD-34, which Biden took 80-19, but the president pulled off a smaller 58-41 win in Davis’ HD-35.

Democrats in the former district have picked Swissvale Borough Council President Abigail Salisbury, who will go up against kickboxing instructor Robert Pagane. The Democratic nominee to succeed Davis is Matt Gergely, who serves as finance director for the community of McKeesport. Local Republicans are running Don Nevills, who lost to Davis 66-34 in November; Nevills himself has said in his social media posts that the special will be Feb. 7.

P.S. Rozzi’s win makes this the second time in the 21st century that Pennsylvania Democrats successfully maneuvered to stop Republicans from taking the speakership. In 2006, Democrats likewise won a 102-101 majority, but one of their members, Thomas Caltagirone, soon announced he’d cross party lines to keep Republican John Perzel on as speaker instead of electing Democrat Bill DeWeese. DeWeese, who was speaker in 1994 when Democrats last controlled the chamber, ended up nominating Republican Dennis O'Brien rather than put his name forward; O’Brien ultimately won 105-97.

Democrats secured a workable majority the following year, and Keith McCall became the party’s first, and to date only, speaker since DeWeese. In a strange twist, DeWeese and Perzel went on to become cellmates after being convicted in separate corruption cases. Incidentally, one House Democrat heavily involved in the plan to make O'Brien speaker was Josh Shapiro, now the governor-elect of Pennsylvania.

Senate

● AZ-Sen: Doug Ducey, whose tenure as governor ended on Monday, said before Christmas he was "not running for the United States Senate" and that "it's not something I'm considering." And just like two years ago, Ducey's fellow Republicans are not taking this seemingly unequivocal statement as final: Utah Sen. Mitt Romney, who is another Republican on Donald Trump's shit list, instead told The Hill, "I hope that he'll get in."

Former state Board of Regents member Karrin Taylor Robson, who narrowly lost last year's primary to succeed Ducey, may be more interested in campaigning for the Senate seat held by Democrat-turned-independent Kyrsten Sinema. Vox's Christian Paz writes that Taylor Robson "told me she is not ruling out running for statewide office again," though it's not clear if the former regent said anything about the Senate in particular.

On the Democratic side, Rep. Ruben Gallego released late-December numbers from Public Policy Polling showing a tight race whether or not Sinema runs. The survey found Republican Kari Lake, who continues to deny her loss to now-Gov. Katie Hobbs, edging out Gallego 41-40, with Sinema grabbing 13%. When the incumbent is left out, however, it's Gallego who leads Lake 48-47. The congressman has made it clear he's likely to run, while NBC reported last month that Lake is trying to recruit Pinal County Sheriff Mark Lamb rather than campaign herself.

The poll was conducted days before The Daily Beast's Sam Brodey reported that Sinema's office had a 37-page guide for staffers that includes tasks that "appear to go right up to the line of what Senate ethics rules allow, if not over." Among other things, Brodey writes that Sinema requires her subordinates perform personal tasks for her, including arranging massages and buying groceries on their own dime, which she later reimburses them for.

The Senate's ethics handbook, though, specifies that "staff are compensated for the purpose of assisting Senators in their official legislative and representational duties, and not for the purpose of performing personal or other non-official activities for themselves or on behalf of others." Sinema's spokesperson told Brodey that "the alleged information—sourced from anonymous quotes and a purported document I can't verify—is not in line with official guidance from Sen. Sinema's office and does not represent official policies of Sen. Sinema's office."

● IN-Sen, IN-Gov: Bellwether Research released mid-December numbers before Christmas for the 2024 GOP primaries for the Senate and governor: The firm previously worked for former Gov. Mitch Daniels, who is a prospective Senate candidate, but a Daniels consultant tells Politico's Adam Wren that this survey was done without his knowledge.

The firm tested out hypothetical Senate scenarios with and without Daniels, who just completed his tenure as president of Purdue University. We'll start with the former matchup:

former Purdue University President Mitch Daniels: 32

Rep. Jim Banks: 10

former Rep. Trey Hollingsworth: 9

Rep. Victoria Spartz: 7

Attorney General Todd Rokita: 7

Someone Else: 6

In the Daniels-free scenario, Rokita leads Banks 16-14 as Spartz and Hollingsworth grab 12% and 11%, respectively.

Spartz herself quickly publicized her own numbers from Response:AI that put Daniels in front with 35% as she and Banks deadlocked 14-14 for second. That survey placed Hollingsworth at 6% while two people who were not tested by Bellwether, 2022 House nominee Jennifer-Ruth Green and disgraced former Attorney General Curtis Hill, took 4% and 2%. Wren recently named Hill, whom we hadn't heard mentioned for Senate, as a possible candidate, though there's been no sign yet that he's thinking about campaigning.

None of the other Republicans tested in either poll are currently running for the Senate either, and Daniels' ultimate decision may deter some of them from getting in. Indeed, an unnamed person close to Spartz told Politico that she may decide not to go up against the former governor: The congresswoman, writes Wren, "declined to comment on that question, but told POLITICO she is seeking a meeting with Daniels before making her decision."

A Banks ally, though, insists his man "won't make his decision based on what others do and I think the poll numbers released by Daniels and Spartz will only embolden him to run."

Bellwether also posted numbers for the GOP race to succeed termed-out Gov. Eric Holcomb:

Sen. Mike Braun: 25

Attorney General Todd Rokita: 9

Lt. Gov. Suzanne Crouch: 7

former Rep. Trey Hollingsworth: 6

Businessman Eric Doden: 3

Someone Else: 9

Braun, Crouch, and Doden are currently running.

Governors

● KY-Gov: State Rep. Savannah Maddox announced days before Christmas that she was dropping out of the packed May Republican primary to face Democratic Gov. Andy Beshear.

An unnamed GOP source soon told the Lexington Herald Leader they believed Maddox's departure means that Papa John's founder John Schnatter "could get in the race, since he's got the resources and with Savannah not in the race it could open up a lane." Schnatter, who resigned as board chairman in 2018 after news broke that he'd used racist language, has not taken any obvious steps toward running ahead of Friday's filing deadline.

Self-funder Kelly Craft, meanwhile, is not waiting until the field fully takes shape to go up with the first TV campaign ad of the contest, which the paper says ran for $114,000 from Dec. 27 to Jan. 3. Craft uses the message to tout her roots growing up on a farm in Barren County in the south-central party of the state, and she goes on to tout how she went on to become ambassador to the United Nations. The ad shows photos of Craft with Donald Trump, who is supporting Attorney General Daniel Cameron for the GOP nod.  

● MS-Gov: The Daily Journal reported before Christmas that Secretary of State Michael Watson is indeed considering taking on Gov. Tate Reeves in this August's Republican primary. Watson and other potential contenders have until the Feb. 1 filing deadline to make up their minds, but there's one name we can already cross off. While former state Rep. Robert Foster, who took third in 2019, reportedly was thinking about another campaign over the summer, he announced last week that he'd instead run for a seat on the DeSoto County Board of Supervisors.

● NC-Gov, NC-??: The conservative Washington Examiner relayed in mid-December that former Rep. Mark Walker is considering seeking the Republican nomination for governor or to return to the House after his party crafts a new gerrymander. Walker last cycle campaigned for the Senate even though Donald Trump tried to persuade him to drop down and run for the lower chamber, but he earned just 9% of the primary vote for his stubbornness.

House

● MD-05: Veteran Rep. Steny Hoyer told CNN Sunday that he hadn't ruled out seeking re-election in 2024 even though he's no longer part of the Democratic leadership. "I may. I may," the incumbent said about waging another run.

● MD-08: Democratic Rep. Jamie Raskin said last week that he'd "been diagnosed with Diffuse Large B Cell Lymphoma, which is a serious but curable form of cancer." Raskin added that he was "about to embark on a course of chemo-immunotherapy on an outpatient basis," and that "[p]rognosis for most people in my situation is excellent after four months of treatment." The congressman also said he planned to keep working during this time, and he was present Tuesday for the opening of the 118th Congress.  

● NY-03: At this point in the George Santos saga, his entirely fictional life story is almost beside the point: When he's called on any of his lies, he just lies some more—it's pathological. But that same reckless behavior is also why the new Republican congressman-to-be is in serious legal jeopardy, at the local, state, federal, and, amazingly, international levels. And because of that, he's exceedingly unlikely to serve out a full term. So what happens if he resigns?

In short, there would be a special election, but in a break with past practice, we'd immediately know when it would take place—and it would happen quickly. Governors in New York previously had wide latitude over when to call elections to fill vacant posts, both for Congress and state legislature, and disgraced former Gov. Andrew Cuomo notoriously abused this power, frequently delaying specials when it suited him.

But in 2021, as state law expert Quinn Yeargain explains, lawmakers finally passed legislation to correct this problem, which Cuomo signed shortly before resigning. Now, Gov. Kathy Hochul would be required to call a special election within 10 days of Santos' seat becoming vacant, and that election would have to take place 70 to 80 days afterward. This law has already come into play multiple times, including for two congressional special elections that took place last year.

One thing hasn't changed, though: There still would be no primaries. Instead, as per usual, nominations for Democrats and Republicans alike would be decided by small groups of party insiders. The actual election would, however, be hotly contested. While Joe Biden would have carried New York's 3rd District, which is based on the North Shore of Long Island, by a 54-45 margin, according to our calculations, Republican Lee Zeldin almost certainly won it in last year's race for governor. Santos dispatched Democrat Robert Zimmerman 52-44 after Democratic Rep. Tom Suozzi left the seat open to pursue his own unsuccessful gubernatorial bid.

● NY-17: Former Rep. Mondaire Jones told NY1 before Christmas that he was not ruling out seeking the Democratic nomination to take on the new Republican incumbent, Mike Lawler. Jones unsuccessfully decided to run in New York City last year in order to avoid a primary against DCCC Chair Sean Patrick Maloney, who himself went on to lose to Lawler, but he made it clear a future campaign would take place in the area he'd represented. "I've also learned my lesson, and that is home for me is in the Hudson Valley," Jones said.

● VA-04: Jennifer McClellan beat her fellow state senator, conservative Joe Morrissey, in an 85-14 landslide to win the Democratic nomination in the Dec. 19 firehouse primary to succeed the late Rep. Donald McEachin. McClellan should have no trouble defeating Republican nominee Leon Benjamin, who badly lost to McEachin in 2020 and 2022, in the Feb. 21 special election for this 67-32 Biden seat; McClellan's win would make her the first Black woman to represent Virginia in Congress.

● WA-03: Democrats will still have election conspiracy theorist Joe Kent to kick around this cycle, as the 2022 GOP nominee declared before Christmas, "I'm running again in 2024."

● DCCC: House Democratic leader Hakeem Jeffries announced ahead of Christmas that the new DCCC chair would be Rep. Suzan DelBene, who represents a Washington seat that Joe Biden carried 64-33. Jeffries' decision came weeks after House Democrats voted 166-38 to give the caucus' leader the opportunity to select the head of the DCCC rather than have the chair be elected by the full body. The new rule still requires members approve the choice, and they ratified DelBene two days after she was picked.

Attorneys General and Secretaries of State

● AZ-AG: Democrat Kris Mayes' narrow win over election denier Abe Hamadeh was affirmed after a recount concluded last week, and Mayes was sworn in as attorney general on Monday. The Democrat's margin dropped from 511 to 280 votes; most of this difference came from dark red Pinal County, which said it had initially failed to count over 500 ballots because of "human error." Hamadeh characteristically refused to accept his defeat and announced Tuesday he was "filing a 'Motion for New Trial.'"

Judges

● NY Court of Appeals: Democratic Gov. Kathy Hochul nominated Hector LaSalle, an appeals court judge, to fill the vacant post of chief judge on New York's highest court just before the holidays, but her decision was immediately met with fierce resistance by state senators in her own party, 14 of whom have already publicly come out against the choice.

LaSalle, who was named to the Appellate Division by disgraced former Gov. Andrew Cuomo in 2014, has compiled what City & State described as one of the "most conservative" records of any appellate judge in the state. Progressives have raised serious alarms over his hostility toward criminal defendants, labor unions, and especially reproductive rights: A group of law professors have pointed to a 2017 decision LaSalle signed on to that helped shield a network of so-called "crisis pregnancy centers" (which try to dissuade women from getting abortions) from an investigation by the state attorney general.

At stake is more than LaSalle's promotion, though: The seven-member top court, known as the Court of Appeals, has for several years been in the grips of a reactionary four-judge majority that has ruled against victims of police misconduct, workers seeking compensation for injuries on the job, and tenants who'd been overcharged by their landlords. Most notoriously, this quartet—all appointed by Cuomo—struck down new congressional and legislative maps passed by Democratic lawmakers last year on extremely questionable grounds and ordered that a Republican judge in upstate New York redraw them.

Leading this coalition was Chief Judge Janet DiFiore, who unexpectedly announced her resignation last year. That vacancy has given Hochul the chance to reshape the court, but instead she's tapped someone who appears poised to continue DiFiore's legacy. But while judicial confirmations in New York are normally sleepy affairs, a large number of senators—who'd be responsible for voting on LaSalle's nomination—immediately denounced the choice.

That chorus of opposition hit a crucial threshold shortly before the New Year when state Sen. Mike Gianaris, a member of leadership, became the 11th Democrat to say he would vote against LaSalle. With 42 Democrats in the 63-member upper chamber but only 28 still open to Hochul's pick, the governor would now have to rely on the support of Republicans to confirm LaSalle. None, however, have yet come out in favor.

There's no definite timeline for confirmation hearings or a vote on LaSalle's nomination, but if Hochul were to withdraw his name, she'd be able to choose from a list of six other candidates vetted by the state's Commission on Judicial Nomination. A coalition of progressive groups previously endorsed three individuals on that list while calling three others, including LaSalle, "unacceptable" (a seventh option was unrated). If instead LaSalle were voted down by the Senate, the entire process would start over again, with the commission once again reviewing potential candidates.

● WI Supreme Court: Judge Everett Mitchell, a progressive candidate for an open seat on the Wisconsin Supreme Court this spring, was accused by his then-wife of sexual assault during their 2010 divorce proceeding, the Milwaukee Journal-Sentinel's Dan Bice reported on Tuesday. Mitchell was never charged with any wrongdoing and has denied the allegations, while his ex-wife, Merrin Guice Gill said her former spouse "should be evaluated on the work he has done and the work he is doing as a judge" rather than on her past accusations.

However, Guice Gill "declined to say whether she stood by the abuse allegations," telling Bice, "I'm not going to respond to that." During her divorce, Bice writes that she told the court that Mitchell had "undressed her and had sex with her without consent shortly after she took a sleeping pill" in 2007 and also provided documents showing she had informed both her therapist and a police officer about the alleged incident shortly afterwards. The accusations came up when she contacted police about a possible custody dispute involving the couple's daughter, but she declined to press charges, saying that she "was only concerned with her daughter's whereabouts."

Mitchell is one of two liberals seeking a spot on the Supreme Court, along with Judge Janet Protasiewicz. Two conservatives are also running, former Justice Dan Kelly and Judge Jennifer Dorow. All candidates will appear together on an officially nonpartisan primary ballot on Feb. 21, with the top two vote-getters advancing to an April 4 general election. The seat in question is being vacated by conservative Justice Pat Roggensack; should progressives win, they'd take control of the court from the current 4-3 conservative majority.

Legislatures

● AK State House: A judge ruled ahead of Christmas that far-right state Rep. David Eastman's membership in the Oath Keepers does not preclude him from serving in elected office even though the state constitution prevents anyone from holding office who "advocates, or who aids or belongs to any party or association which advocates the overthrow by force or violence of the United States."

Goriune Dudukgian, the attorney representing an Eastman constituent who sued to block him from holding office, said Tuesday his camp would not appeal. No one has formed a majority coalition in the Alaska State House in the almost two months since the election.

● NY State Senate: Democrats learned ahead of Christmas that they'd maintained a two-thirds supermajority in the upper chamber after a judge ruled that incumbent John Mannion had fended off Republican Rebecca Shiroff by 10 votes in his Syracuse-based seat. Shiroff conceded the contest, and Mannion's term began New Year's Day.

● OH State House: While Democrats are deep in the minority in the Ohio state House, the caucus joined with enough GOP members on Tuesday to elect Republican Jason Stephens as speaker over Derek Merrin, who began the day as the heavy favorite to lead the chamber. Cleveland.com's Jeremy Pelzer writes, "Stephens, while conservative, is not considered to be as far to the right as Merrin."

The GOP enjoys a 67-32 majority, so a Merrin speakership appeared likely after he won November's caucus vote against Stephens. Pelzer writes that in the ensuing weeks there were "rumblings since then about some sort of challenge to Merrin," but that "the insurgency to lift him to the speaker's chair only picked up speed starting a few days ago."

Indeed, Minority Leader Allison Russo says Democrats decided just two hours before the vote to cast their lot in with Stephens. Another 22 Republicans joined them, however, which left Merrin with only 43 votes. Russo, whose caucus supplied most of the support for the new speaker, declared that there was "no grand deal," but "there were lots of discussions about things and areas of agreement on issues." She also relays that Merrin spoke to her about getting Democratic support, which very much did not end up happening.

This is the second time in the last few years that the Democratic minority has played a key role in helping a Republican win the gavel over the candidate favored by most of the GOP caucus, though Merrin himself was on the other side of that vote. In 2019, he was one of the 26 Republicans who joined that same number of Democrats in supporting Larry Householder over Speaker Ryan Smith. Unlike four years ago, though, Smith got the backing of 11 Democrats as well as 34 GOP members.

Stephens, for his part, was appointed to the chamber later that year to succeed none other than Smith, who resigned to become president of the University of Rio Grande and Rio Grande Community College. The victorious Householder, though, was removed as speaker in 2020 after being arrested on federal corruption charges; Householder's colleagues expelled him the following year, though Merrin voted to keep him in office.

● WI State Senate: Former state Sen. Randy Hopper ended his brief comeback campaign days after Christmas and endorsed state Rep. Dan Knodl in the Feb. 21 Republican special election primary.

Mayors and County Leaders

● Chicago, IL Mayor: The Chicago Electoral Board in late December removed two minor contenders, police officer Frederick Collins and freelance consultant Johnny Logalbo, from the Feb. 28 nonpartisan primary ballot after determining that they didn't have enough valid signatures to advance. However, challenges were dropped against activist Ja'Mal Green, Alderman Roderick Sawyer, and wealthy perennial candidate Willie Wilson, so they will be competing in what is now a nine-person race.

Prosecutors and Sheriffs

● Philadelphia, PA District Attorney: Pennsylvania's Commonwealth Court ruled Friday that state House Republicans failed to demonstrate any of the legally required standards for "misbehavior in office" when they voted to impeach Philadelphia District Attorney Larry Krasner in November. The order, though, did not say if Krasner's trial before the state Senate, which is scheduled for Jan. 18, must be called off.

Obituaries

● Lincoln Almond: Former Rhode Island Gov. Lincoln Almond, a Republican who served from 1995 to 2003, died Tuesday at the age of 86. Almond, who made his name as the state's U.S. attorney, badly lost the 1978 general election to Democratic incumbent Joseph Garrahy, but he prevailed 16 years later by defeating state Sen. Myrth York in a close contest. You can find much more at WPRI's obituary.

Grab Bag

● Where Are They Now?: Former Massachusetts Rep. Joe Kennedy III was chosen before Christmas to serve as the State Department's special envoy for economic affairs for Northern Ireland. Kennedy, who is the grandson of Robert F. Kennedy, was elected to the House in 2012 and left to unsuccessfully challenge Sen. Ed Markey in the 2020 Democratic primary.