Morning Digest: Why two conservative Arizona justices could lose this fall

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

Subscribe to The Downballot, our weekly podcast

Leading Off

 AZ Supreme Court: Arizona voters will likely have the chance to overturn their state Supreme Court's new ruling banning nearly all abortions when they head to the polls this fall, but they'll also have the opportunity to reshape the court itself.

As Bolt's Daniel Nichanian points out, two of the justices who voted with the majority will be up for election to new six-year terms in November, Clint Bolick and Kathryn Hackett King. They won't have actual opponents, though, but rather will face what are known as "retention" elections. Under this system, which is used for members of the judiciary in many states, voters are presented with a simple "yes/no" question asking whether a particular judge should "be retained in office."

It's rare for judges to lose retention elections, but it's also rare for a state supreme court to thrust itself into the national limelight the way that Arizona's just did. And abortion will be a top—if not the top—issue this year in Arizona, particularly because reproductive rights supporters say they've already collected enough signatures to place a measure on the November ballot that would enshrine the right to an abortion into the state constitution.

Should Bolick or Hackett King lose, Democratic Gov. Katie Hobbs would be able to appoint replacements, drawn from a list created by the state's Commission on Appellate Court Appointments. But while that commission is, under the state constitution, supposed to be politically diverse, Hobbs' Republican predecessor, Doug Ducey, stacked the board with nominal independents who have ties to the GOP.

Hobbs could reshape the commission with her own appointments, which implicates yet another set of important Arizona elections. Commission members must be approved by the state Senate, which Republicans control by a narrow 16-14 majority. Every member of the Senate, though, will be up for election this year. With abortion so salient—GOP leaders have refused to consider legislation—reversing the court's ban—Democrats have a strong chance of flipping the chamber.

It would, however, be some time before the court could see a majority of Democratic appointees, though such a shift is by no means impossible. The two dissenters in the abortion case, Chief Justice Robert Brutinel and Vice Chief Justice Ann Timmer, will hit the mandatory retirement age of 70 in 2028 and 2030, respectively. Should Hobbs win reelection in 2026, she'd get to fill those vacancies as well. (Bolick, should he survive retention, would face mandatory retirement in 2027, while Hackett King would not do so until 2050.)

The Downballot

It's only April, but the Washington Post's new report on GOP golden boy Tim Sheehy is a strong contender for the craziest political story of the year. On this week's episode of "The Downballot," co-hosts David Nir and David Beard dissect the countless contradictions in Sheehy's tales about a bullet wound that he either received in Afghanistan or in a national park three years later. The Davids also explain why the Arizona Supreme Court's appalling new ruling banning nearly all abortions could lead to two conservative justices losing their seats this fall.

Our guest this week is Sondra Goldschein, who runs the Campaign for a Family Friendly Economy, an organization dedicated to improving America's badly lagging "care infrastructure." Goldschein explains how issues like paid medical leave laws and greater access to childcare affect an enormous swath of the electorate—and why they're closely tied to voters' perceptions of their economic fortunes. She also highlights candidates her group is working to elect to make these policies a reality.

Subscribe to "The Downballot" wherever you listen to podcasts to make sure you never miss a show. You'll find a transcript of this week's episode right here by Thursday afternoon. New episodes every Thursday morning!

1Q Fundraising

  • DE-Sen: Lisa Blunt Rochester (D): $1 million raised

  • MA-Sen: Elizabeth Warren (D-inc): $1.1 million raised, $4.4 million in cash on hand 

  • MD-Sen: Larry Hogan (R): $3.1 million raised (in 51 days)

  • AZ-06: Kirsten Engel (D): $1.2 million raised, $1.8 million cash on hand

  • CA-40: Young Kim (R-inc): $1.3 million raised, $3 million cash on hand 

  • CO-05: Jeff Crank (R): $300,000 raised, $225,000 cash on hand 

  • IL-17: Eric Sorensen (D-inc): $745,000 raised, $2.1 million cash on hand 

  • MD-06: Joe Vogel (D): $231,000 raised, $235,000 cash on hand 

  • NE-02: Tony Vargas (D): $777,000 raised, $1.6 million cash on hand

  • PA-17: Chris Deluzio (D-inc): $750,000 raised, $1.45 million cash on hand 

  • VA-10: Eileen Filler-Corn (D): $370,000 raised, $430,000 cash on hand 

  • WA-05: Michael Baumgartner (R): $400,000 raised (in one month) 

Senate

 MD-Sen: Attorney General Anthony Brown announced Wednesday that he was supporting Rep. David Trone in the May 14 Democratic primary, a declaration that Trone made public in a campaign ad. Brown is arguably the most prominent Black politician who has opted to support Trone, who is white, over Prince George’s County Executive Angela Alsobrooks, who would be Maryland's first Black senator.

But while most of the state's political establishment is backing Alsobrooks, Brown and Trone are longtime allies. As a member of the House in 2018, Brown endorsed Trone in the primary for a nearby seat, and as Time's Eric Cortellessa reminds us, the wealthy Trone financed ads to help his colleague's successful 2022 bid for attorney general.

MT-Sen: VoteVets has already launched what Politico reports is a $200,000 ad buy focused on a truly bizarre Washington Post story about former Navy SEAL Tim Sheehy and a gunshot injury.

The Republican is shown saying, "I have a bullet stuck in this arm still from Afghanistan," before a narrator says Sheehy may have actually been wounded in a parking lot at Glacier National Park. "Sheehy told investigators the bullet in his arm is from a gun falling and firing on a family hiking trip," the voiceover continues. "Come on, Tim, it's one more shady story that doesn't add up."

Governors

 NC-Gov: Quinnipiac University's first look at the race for governor shows Democrat Josh Stein leading Republican Mark Robinson 48-41, with Libertarian Mike Ross and Green Wayne Turner at 4% and 2%, respectively. The omission of those two third-party candidates doesn't make much of a difference, though, as the school shows Stein ahead by a similar 52-44 margin in a head-to-head contest. Respondents favor Donald Trump over Joe Biden 41-38 in a five-person field and 48-46 when only major candidates are included.

This is the largest lead for Stein that we've seen in any poll, and it's also considerably different from what other surveys have shown over the last month. An early March poll from the conservative firm Cygnal showed Robinson up 44-39, while SurveyUSA and Marist College found Stein ahead only 44-42 and 49-47, respectively.

 WV-Gov: Campaign finance reports for the first quarter of the year are now in, and MetroNews has rounded up the numbers for all the major Republicans competing in the May 14 primary for West Virginia's open governorship:

  • Attorney General Patrick Morrisey: $876,000 raised, $1.7 million cash on hand

  • Former Del. Moore Capito: $337,000 raised, $1.1 million cash on hand

  • Businessman Chris Miller: $216,000 raised, additional $50,000 self-funded, $1.2 million cash on hand

  • Secretary of State Mac Warner: $73,000 raised, $193,000 cash on hand

Huntington Mayor Steve Williams, who has the Democratic side to himself, raised $18,000 and ended March with $21,000 in the bank.

House

 CA-16: A pair of voters unexpectedly requested a recount on Tuesday, just days after election authorities certified that both Assemblymember Evan Low and Santa Clara County Supervisor Joe Simitian would advance to an all-Democratic general election with former San Jose Mayor Sam Liccardo. However, it remains to be seen if any recount will actually take place.

Politico explains that California requires anyone who asks for a recount to pay for it before the April 15 deadline. If payment isn't submitted by then, the current results of the March 5 top-two primary that have Low and Simitian tied for second place would stand. (California, unlike many states, does not have automatic recounts no matter how close a race is.)

Election officials in Santa Clara County, which forms 84% of the 16th District by population, say that a 10-day manual recount would cost a total of $320,000. A five-day machine recount would have a considerably smaller $84,200 price tag, but the Mercury News' Grace Hase writes that such a process is less likely to catch any tabulation errors.

San Jose Spotlight's Jana Kadah adds that a manual recount would cost another $85,000 in San Mateo County, which forms the balance of the district. (It's not clear how much a machine recount in San Mateo would be.)

One of the two requesters, former San Mateo County Board of Supervisors candidate Dan Stegink, told Hase he was willing to pay for a recount. Santa Clara County officials also say they don't know if Stegink could split the cost with the other requester, 2020 Biden Delegate Jonathan Padilla.

Low's campaign was quick to highlight that Padilla worked on Liccardo's 2014 bid to lead San Jose to argue that the former mayor was behind the recount request. Low's team also invoked a very different politician in slamming the request. "This is a page right out of Trump’s political playbook using dirty tricks to attack democracy and subvert the will of the voters," the campaign said in a statement.

Liccardo's campaign denied it had asked Padilla to do anything, but a spokesperson didn't sound upset about the development. "We understand why, under these extraordinary circumstances, there would be an effort to make sure these votes are fully considered," said a Liccardo consultant.

Simitian, by contrast, didn't express a preference either for or against a recount. "Eventually, this process will work itself out," he said in a statement.

Hase also obtained an early April Liccardo internal poll from Lake Research Partners that shows him leading Low 26-21, with Simitian at 20%. The story did not include results testing Liccardo in one-on-one matchups.

Kadah previously reported on Monday that another firm, McGuire Research, has been testing Liccardo in various scenarios. There's no word on the results or the client, but the existence of the poll led to speculation that the former mayor or his allies were trying to determine whether he'd benefit if only one of his opponents were to advance―speculation that only intensified when Stegink and Padilla filed their recount requests a day later.

 MD-06: Del. Joe Vogel is airing what appears to be the first negative TV ad of the May 14 Democratic primary for Maryland's open 6th District, and the Washington Post's Katie Shepherd reports he's spending $35,000 to link former Commerce Department official April McClain Delaney to hardline Republicans.

The ad, which Maryland Matters says is Vogel's first television commercial, opens with the candidate declaring that "every Democrat for Congress" has a similar agenda, which is an unusual line for any campaign ad. However, he continues, "The difference is our approach. McClain Delaney donates to extreme Republicans and is friends with Tucker Carlson and Paul Ryan."

The 27-year-old lawmaker goes on, "I come from the school shooting generation, where we know you can’t hope politicians do the right thing. You have to make them." Vogel does not mention any of the other 12 Democratic candidates seeking to replace David Trone, who is running for Senate.

Vogel, writes Shepherd, previously deployed some of these arguments against McClain Delaney at debates. McClain Delaney has countered that her bipartisan friendship with the Ryan family began when her husband, former Rep. John Delaney, and the Wisconsin Republican served together in the House.

Vogel has also faulted McClain Delaney for making a contribution to Jim DeMint, a South Carolina Republican who was once one of the most prominent ultra-conservatives in the Senate, in 2005. (DeMint resigned in 2013 to lead the Heritage Foundation.) Shepherd says that Delaney responded by shaking her head and "at one point throwing her hands into the air" during the debate, though she did not dispute the donation.

As for Carlson, Vogel's ad cites a 2018 piece from MOCO 360 about John Delaney's longshot White House bid that identified the far-right media personality as a friend of the then-congressman. The story did not touch on McClain Delaney's connection to the former Fox News commentator.

Vogel launched this spot around the same time that he released a mid-March GBAO internal that showed Delaney leading him 17-10, with a 48% plurality undecided. We haven't seen any other polls here all year.

Delaney, for her part, began airing ads a month ago, and she uses her most recent spot to tout herself as someone who will protect children from "Big Tech." Shepard says the only other Democratic candidate who has taken to the airwaves is Ashwani Jain, a former Obama administration official who won just 2% in the 2022 primary for governor.

 MI-03: A super PAC called West Michigan For Change announced Wednesday that it had taken in $1 million to promote attorney Paul Hudson, who is the leading Republican running to take on freshman Democratic Rep. Hillary Scholten. The group, which did not bring in any money last year, did not say where the influx of cash came from.

Joe Biden carried this constituency 53-45 in 2020, and Scholten's 55-42 victory two years later made her the first Democrat to represent a Grand Rapids-based seat in the House since the mid-1970s. Scholten's allies at House Majority PAC don't seem convinced that those decisive wins mean this seat is out of reach for the GOP, however, as the group recently booked $1.3 million in ad time for the Grand Rapids media market.

 NH-02: Businessman Vikram Mansharamani became the first notable Republican to launch a bid to succeed retiring Democratic Rep. Annie Kuster on Wednesday, though his last campaign for office was anything but impressive. Mansharamani self-funded about $300,000 last cycle in his bid to take on Democratic Sen. Maggie Hassan, but he ended up taking a distant fourth place in the primary with less than 8% of the vote.

Mansharamani is also unlikely to be the last Republican to join the September primary. The Union Leader reports that state Rep. Joe Sweeney and 2014 nominee Marilinda Garcia are considering, though there are no quotes from either would-be candidate.

On the Democratic side, Concord Mayor Byron Champlin and businessman Gary Hirshberg this week joined Kuster in endorsing former Executive Councilor Colin Van Ostern rather than running themselves.

 NJ-10: Democratic Rep. Donald Payne's office said Tuesday evening that he'd "suffered a cardiac episode based on complications from his diabetes during the weekend," but that his "prognosis is good and he is expected to make a full recovery." Payne is seeking reelection this year in New Jersey's safely Democratic 10th District.

 Filing: Candidate filing closed in five more states over the last week: April 4 was the deadline in New York, Tennessee, and Virginia, while the respective deadlines for Oklahoma and North Dakota were April 5 and April 8. We'll have more on each state below.

 New York: While the state publishes a list of candidates who filed to run for Congress in the June 25 primary, it doesn't include all House seats. That's because candidates running for a district contained entirely within either a single county or New York City file with their local election authorities, while everyone else files with the state.

Under the new congressional map, 11 districts (the 5th through the 15th) are located wholly within the city, while the only two single-county seats anywhere else in the state are the 1st District in Suffolk County and the 4th District in Nassau County. Election authorities in those jurisdictions have not released candidate lists yet, though Politics1 has compiled an unofficial roster for each seat.

There are no reports of any big names launching last-second campaigns, which isn't a surprise in a state where getting on the ballot can be a challenge. Most major party congressional candidates were required to hand in 1,250 valid signatures to compete in the primary, though Republicans running in the dark blue 13th and 15th Districts had a smaller target to hit because their party has so few registered voters in those constituencies.

Not everyone who submitted petitions by Thursday will necessarily make the primary ballot, however, because campaigns have long been aggressive about going to court to challenge the validity of their opponent's signatures. One former leader of the Brooklyn Democratic Party expressed a common view of this age-old practice in a 2022 interview with City & State. 

"Fuck them!" Frank Seddio said of anyone who might get knocked off the ballot for a lack of signatures. "Breathing shouldn't be the only qualification for running for office."

 North Dakota: Former Miss America Cara Mund filed to run for North Dakota's only House seat as a Republican about half an hour before the deadline, telling the North Dakota Monitor that there weren't any moderates competing in the June 11 primary. 

Mund, a supporter of abortion rights, ran against GOP Rep. Kelly Armstrong in the 2022 general election as an independent candidate and wound up as his only opponent after the Democratic nominee dropped out. Mund's effort attracted national attention, but Armstrong went on to fend her off by a 62-38 margin in this dark red state. That performance was significantly better than Joe Biden's landslide 65-32 loss two years earlier, but it still fell far short of victory.

The GOP field to succeed Armstrong, who is running for governor, consists of former State Department official Alex Balazs, former state Rep. Rick Becker, Public Service Commissioner Julie Fedorchak, and one minor candidate. Democrats are running Marine Corps veteran Trygve Hammer and perennial candidate Roland Clifford Riemers.

The GOP primary to replace retiring Gov. Doug Burgum, meanwhile, remains a duel between Armstrong and Burgum's choice, Lt. Gov. Tammy Miller, while state Sen. Merrill Piepkorn has the Democratic side to himself.

 Oklahoma: Republican Sen. Markwayne Mullin and each of the five members of Oklahoma's all-Republican House delegation are seeking reelection, and there's no indication any of them have anything to worry about in either the June 18 primary or the November general election. An Aug. 27 runoff would take place in any primary where no one earns a majority of the vote.

 Tennessee: The biggest news in the Volunteer State was Davidson County Metro Councilmember Courtney Johnston's decision to challenge freshman Rep. Andy Ogles in the Aug. 1 Republican primary for the 5th District, a development we covered in a recent Digest. She's not Ogles' only intra-party challenger, though, as cybersecurity executive Tom Guarente is also in

Guarente has attracted relatively little attention, but his presence on the ballot could cost Johnston enough support to allow the incumbent to win with a plurality. (Unlike many Southern states, Tennessee does not use primary runoffs.) The eventual winner will be favored in the general election for a seat that Donald Trump carried 55-43 in 2020.

Over in the dark red 8th District in West Tennessee, GOP Rep. David Kustoff learned last week that he'd once again face a primary battle against radiologist George Flinn, a self-funding perennial candidate who owns a network of radio and TV stations. Flinn, who served on the Shelby County Commission in the 2000s, had already waged several well-funded but doomed campaigns when he entered the 2016 primary to replace retiring Rep. Stephen Fincher in the prior version of the seat.

Flinn's resources were almost enough to propel him to victory in what was a packed race, but Kustoff edged him out 27-23. Flinn tried again two years later, but Trump's support helped Kustoff win an expensive rematch 56-40. Flinn went on to take just 3% in the 2020 Senate primary, secure 2.5% as an independent in the 9th District against Democratic Rep. Steve Cohen, and wage an abortive 2023 bid for mayor of Memphis.

Republican Rep. Tim Burchett, by contrast, found out he'd have no primary opposition in the 2nd District, an East Tennessee constituency that hasn't elected a Democratic representative since 1852. There was talk earlier this year that Kevin McCarthy and his allies would target Burchett, who was one of the eight Republicans who voted to end McCarthy's speakership in October. However, they never found a backup candidate after former state Rep. Jimmy Matlock announced in February that he wouldn't run.

 Virginia: The Virginia Department of Elections says that it will post its list of candidates "on, or shortly after April 15." Primaries will take place on June 18. For the first time in many years, Republicans will rely on state-run primaries to pick all of their candidates, eschewing conventions or party-run "firehouse" primaries. (Democrats, who have almost always preferred traditional primaries, will also use them exclusively.)

Ad Roundup

Morning Digest: He ranted about ‘European cheese weenies.’ Now he’s running for Congress

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

Subscribe to The Downballot, our weekly podcast

Leading Off

CO-08: Weld County Commissioner Scott James announced Wednesday that he'd seek the Republican nomination to challenge freshman Rep. Yadira Caraveo in Colorado's 8th District, prompting Democrats to immediately blast him for an anti-abortion, Islamophobic rant he delivered as a talk radio host in 2007.

James, as Media Matters documented at the time, declared "the civilization that you know ... will be overtaken by those who would like you to practice Sharia law ... just by mass numbers" because "the European cheese weenies simply aren't breeding." James continued, "You can do the math and see the rapid decline of ... civilization," before saying of the United Kingdom, "Their birth rate declining, the abortion rate increasing. You do the math. You don't have the sanctity for the life like that, your society will simply extinguish."

Democrats also went after James, who remained on the radio after winning his seat on the county commission in 2018, for his vote the next year to designate Weld County as a "Second Amendment sanctuary." That action, which authorized the county sheriff to "exercise of his sound discretion to not enforce against any citizen an unconstitutional firearms law," came in response to a new red flag law that allows family and household members, as well as law enforcement officials, to petition a judge to confiscate firearms from an individual they fear is dangerous. "Taking constitutional rights away from citizens under the guise that it is for the 'greater good' is a very dangerous path to walk down," James said at the time, "and one we do not support."

James launched his campaign to unseat Caraveo hours after fellow Republican Barbara Kirkmeyer, the GOP's nominee last year, announced that she would seek reelection to the state Senate rather than try to avenge her narrow 48.4-47.7 general election loss. The commissioner is the first notable Republican to join the contest for this constituency in the northern Denver suburbs and Greeley area, turf Joe Biden carried 51-46 in 2020, but he's not the only one who is thinking about running here.

State Rep. Gabe Evans reiterated his interest Tuesday to the Colorado Sun, while Weld County Commissioner Steve Moreno and former state Rep. Dan Woog both said they were mulling over the idea last month. Multiple publications also reported in June that Joe O'Dea, who unsuccessfully challenged Democratic Sen. Michael Bennet last year, is considering as well, though he's shown no obvious sign that he's preparing for another run.

Redistricting

NY Redistricting: A divided state appeals court ordered New York's redistricting commission to draw a new congressional map ahead of the 2024 elections on Thursday, overturning a lower court that had previously ruled in favor of retaining the state's current court-drawn boundaries. Republicans opposing the Democratic-backed lawsuit, however, immediately vowed to appeal in an effort to prevent the adoption of districts that would be less favorable to them.

The dispute wound up in court after the evenly divided bipartisan commission failed to reach an agreement on a single set of redistricting plans for Congress and the state legislature last year.  Instead, it forwarded dueling proposals—one batch supported by Democrats, the other by Republicans—to lawmakers, who rejected them both. After that failure, the commission refused to try again, which led the Democratic-run legislature to pass its own maps.

However, the state's highest court struck down that attempt last year in a 4-3 decision, saying that because the commission had never sent a second set of maps to the legislature as contemplated by the state constitution, lawmakers could not act on their own. As a remedy, an upstate trial court instead imposed maps drawn by an outside expert that saw Republicans make considerable gains in the November midterms.

A group of voters, though, filed a suit demanding that the commission be ordered back to work. While a lower court initially rejected that argument, the Appellate Division agreed with the plaintiffs. The commission still "had an indisputable duty under the NY Constitution to submit a second set of maps upon the rejection of its first set," wrote the majority in a 3-2 opinion, concluding that the court-ordered maps used in 2022 were interim in nature.

If New York's highest court, known as the Court of Appeals, upholds this decision, then the commission will again have to try to compromise on a new congressional map. If it again fails to produce an acceptable map, though, Democrats in the legislature—who enjoy two-thirds supermajorities in both chambers—would, this time, very likely be entitled to create new maps of their own design. That possibility could spur Republican commissioners to accept lines that tilt somewhat more in Democrats' favor than the current districts rather than face the alternative of an unfettered partisan gerrymander.

2Q Fundraising

The deadline to file fundraising numbers for federal campaigns is July 15. We'll have our House and Senate fundraising charts available soon afterwards.

  • AZ-Sen: Ruben Gallego (D): $3.1 million raised
  • CA-Sen: Katie Porter (D): $3.2 million raised, $10.4 million cash on hand
  • WV-Sen: Joe Manchin (D-inc): $1.3 million raised, $10.7 million cash on hand
  • LA-Gov: Jeff Landry (R): $4.5 million raised, $9 million cash on hand
  • NC-Gov: Mark Robinson (R): $2.2 million raised (in six months), $3.2 million cash on hand
  • AZ-06: Juan Ciscomani (R-inc): $815,000 raised, $1.6 million cash on hand
  • CA-45: Michelle Steel (R-inc): $1.1 million raised, $1.7 million cash on hand
  • IA-02: Ashley Hinson (R-inc): $690,000 raised, $1 million cash on hand
  • IA-03: Zach Nunn (R-inc): $729,000 raised, $1 million cash on hand
  • IL-17: Eric Sorensen (D-inc): $515,000 raised, $770,000 cash on hand
  • MI-10: John James (R-inc): $1.1 million raised, $1.7 million cash on hand
  • MT-01: Ryan Zinke (R-inc): $786,000 raised, $876,000 cash on hand
  • NC-14: Jeff Jackson (D-inc): $507,000 raised, $663,000 cash on hand
  • NJ-05: Josh Gottheimer (D-inc): $1.2 million raised, $15.1 million cash on hand
  • NJ-07: Tom Kean Jr. (R-inc): $860,000 raised, $1.47 million cash on hand
  • NY-02: Rob Lubin (D): $343,000 raised (in five weeks), additional $7,000 self-funded
  • NY-03: Anna Kaplan (D): $455,000 raised
  • OR-05: Lori Chavez-DeRemer (R-inc): $717,000 raised, $1 million cash on hand
  • TX-15: Monica De La Cruz (R-inc): $833,000 raised, $1 million cash on hand
  • WA-03: Joe Kent (R): $245,000 raised, $392,000 cash on hand

Senate

FL-Sen: Politico reports that Senate Majority Leader Chuck Schumer and the DSCC are trying to recruit former Rep. Debbie Mucarsel-Powell to take on GOP incumbent Rick Scott, but another Democrat appears ready to launch his campaign before she makes up her mind.

Navy veteran Phil Ehr, who raised $2 million for his 2020 bid against the nationally infamous Rep. Matt Gaetz in the safely red 1st District, confirms he's interested and will decide in the coming weeks. An unnamed source, though, says that Ehr, who lost to Gaetz 65-34 as Trump was taking the old 1st by a similar 66-32 margin, is planning to get in "soon."

MI-Sen: The Daily Beast's Ursula Perano reports that, while actor Hill Harper says he's lived in Michigan for the last seven years, the new Democratic candidate's residency "may be more complicated." Perano uncovered a 2020 Seattle Times article saying that Harper moved to that city during the first season of production for his show, The Good Doctor, so his son could attend school there. (That season aired in 2017 and 2018.) That same story said that "Harper commutes from Seattle to the show’s set in Vancouver, British Columbia."

Perano also found a pair of websites used to book the actor for speaking engagements, both of which appear to have been in use in recent years: One said that Harper would be traveling from California, where he also owns a condo, while the other said he'd be coming from Seattle. "Hill Harper began spending time in Michigan because of work, but quickly realized the greatest people in the world live in Michigan and decided to move there full time," his campaign told the Daily Beast for the story, "Ever since moving to Michigan in 2016, he’s voted as a Michigander, paid taxes to the state, and runs a small business in Detroit."

Governors

IN-Gov: Howey Politics relays that there are still "rumors" that state Commerce Secretary Brad Chambers is considering seeking the GOP nod to succeed his boss, termed-out Gov. Eric Holcomb and would likely self-fund. There is no other information about Chambers' interest.

MO-Gov: Businessman Mike Hamra, whose eponymous company operates almost 200 restaurants nationwide, tells the St. Louis Business Journal he's "seriously considering" seeking the Democratic nod and will "likely to have a final decision later in the fall." Hamra made his interest known days after state House Minority Leader Crystal Quade launched her own bid to lead what's become a tough state for Democrats.

MS-Gov: Republican incumbent Tate Reeves is airing a transphobic new TV ad where the governor, after praising his daughter for working to earn a soccer scholarship, declares, "Now, political radicals are trying to ruin women's sports, letting biological men get the opportunities meant for women." Reeves, as Mississippi Today notes, signed a 2021 law banning trans athletes from women's sports even though the bill's sponsor acknowledged she didn't know of this happening in the state.

House

AK-AL: Businessman Nick Begich on Thursday became the first notable Republican to announce a campaign against Democratic Rep. Mary Peltola, who twice beat him last year for Alaska's only House seat. But Begich is unlikely to have the top-four primary to himself, especially since many Republicans made it clear last fall that they still harbor a grudge over how he acquitted himself during the final months of longtime Rep. Don Young's life.

Begich, who is the rare Republican member of Alaska's most prominent Democratic family (his grandfather and namesake was Young's immediate predecessor, while his uncle Mark Begich served one term in the U.S. Senate), was initially a Young supporter, and he even co-chaired the congressman's 2020 campaign. But, as the Anchorage Daily News' Iris Samuels reported in April of 2022, Begich spent about a month working in the congressman's office the next year—at Young's invitation—only to launch a bid against Young soon afterward. "It was just such an invasion of our goodwill and the Congressman's goodwill," one unnamed staffer later told Insider's Bryan Metzger, adding, "We were completely hoodwinked and betrayed."    

Young, who'd represented the state in the House since 1973, died before that faceoff could occur, and Begich was one of the 48 candidates who filed to run in a special election that featured America's first-ever top-four primary. But after Begich advanced to the general against former GOP Gov. Sarah Palin and Peltola (a fourth finisher, independent Al Gross, dropped out), it looked likely that one of the two Republicans would prevail in a state Donald Trump took 53-43 in 2020.

Begich and Palin, though, instead went negative on one another while ignoring Peltola (that is, when they weren't smiling in selfies with her), which helped give the Democrat the opening she needed. Begich was only too happy to portray Palin as a disastrous governor who only cared about being a celebrity, while Palin hit back by castigating Begich for supporting his Democratic relatives.

An unscathed Peltola went into ranked-choice tabulations with 40% of first-choice votes, with Palin edging out Begich 31-28 for second. But following the fratricidal GOP campaign, Begich's backers only went for Palin by a 50-29 margin as a crucial 21% didn’t express a preference for either finalist. As a result, Peltola pulled off 51-49 upset.

All three candidates, plus Libertarian Chris Bye, competed again in November for a full two-year term, but things went even worse for the GOP this time. Begich and his allies pointed to data from the Alaska Division of Elections saying that he'd have defeated Peltola 52-48 had he come in second place in the special election to make his case that conservatives should choose him over Palin. But several of Young's former staffers not only endorsed Peltola, who had enjoyed a close relationship with the late congressman for decades, they also vocally aired their grievances against Begich for what they saw as his duplicity.

One particular incensed Young aide was a former communications director, Zack Brown, who posted a picture of Begich's congressional intern badge in a since-deleted tweet. "Begich was planning on primarying Young all along," he wrote. "He used DY & staff to secure inside info." Brown followed up, "According to FEC docs, he claimed campaign expenses BEFORE he came on as an INTERN in Don Young's office. He KNEW he was going to primary Young before he joined our office, but used the Congressman and staff for his own ends anyway. Disgraceful."

Peltola this time almost took a majority of first-choice ballots, scoring 49% of them as Palin once again staggered into second place, beating out Begich 26-23. Peltola then crushed Palin in a 55-45 drubbing after the instant-runoff process was finished. To add insult to injury for Begich, election data showed he would have lost by a slightly larger margin than Palin this time―just under 11 points―had he taken second.

Republicans are likely to make a priority of beating Peltola, who represents the reddest Democratic-held seat in the chamber, but it remains to be seen who else will join Begich in the top-four. The Anchorage Daily News writes that Palin, who rather prematurely named her congressional chief of staff the day after the November election [i]In anticipation of an announcement of victory," hasn't shown any sign she's thinking of trying a third time, though that hardly means she won't surprise everyone like she did when she decided to run last year.

MD-06: Hagerstown Mayor Tekesha Martinez on Wednesday joined the busy primary to succeed her fellow Democrat, Senate candidate David Trone, for a seat based in western Maryland and the northwestern D.C. exurbs. Martinez, who was elected to the city council in 2020, became this northwestern Maryland community's first Black mayor in February after her colleagues appointed her to fill the vacant post. She joins Dels. Lesley Lopez and Joe Vogel, as well as think tank founder Destiny Drake West, in seeking the Democratic nod for this 54-44 Biden constituency.

NJ-07: Former state Sen. Ray Lesniak tells the New Jersey Globe he's "still waiting until this November" before deciding whether to seek the Democratic nod to take on GOP Rep. Tom Kean Jr.

NY-22: New York State United Teachers, which is affiliated with the American Federation of Teachers and National Education Association, has endorsed Democratic state Sen. John Mannion's bid to take on GOP Rep. Brandon Williams. Mannion is a former public school teacher, and City & State says the labor group has enthusiastically backed him in past races.

RI-01: Lincoln Town Councilor Pamela Azar at some point quietly ended her campaign for the Democratic nod and endorsed one of her many former rivals, state Sen. Ana Quezada.

TX-34: House Speaker Kevin McCarthy has endorsed former GOP Rep. Mayra Flores in her rematch effort with Democratic incumbent Vicente Gonzalez.

UT-02: State election officials confirmed this week that both former RNC member Bruce Hough and former state Rep. Becky Edwards have turned in enough valid signatures to make the Sept. 5 special Republican primary to succeed outgoing Rep. Chris Stewart. The pair will face Celeste Maloy, a former Stewart aide who qualified for the ballot by winning last month's party convention. The winner will be favored on Nov. 7 against Democratic state Sen. Kathleen Riebe in this gerrymandered 57-40 Trump seat.

WI-03: Both state Rep. Katrina Shankland and former La Crosse County Board chair Tara Johnson tell the Milwaukee Journal Sentinel that they're interested in joining the Democratic primary to take on GOP Rep. Derrick Van Orden.

Mayors and County Leaders

Houston, TX Mayor: Former Republican City Councilmember Jack Christie tells the Houston Chronicle he's considering entering the Nov. 7 nonpartisan primary to succeed termed-out Democratic Mayor Sylvester Turner, though he said he was still "far from signing up." Attorney Tony Buzbee, an independent who lost the 2019 runoff to Turner 56-44 after spending $12 million, likewise says he hasn't ruled out another campaign even though he's representing Attorney General Ken Paxton at the Republican's upcoming impeachment trial. The filing deadline is Aug. 21, weeks before Paxton's Sept. 5 trial starts.

Indianapolis, IN Mayor: Democratic incumbent Joe Hogsett has gone on TV well ahead of the Nov. 7 general with a spot hitting his wealthy foe, Republican Jefferson Shreve, that utilizes footage from the ads Shreve ran during his failed 2016 state Senate bid. "Jefferson Shreve will fight for the right to life," says Shreve's old narrator, "and our Second Amendment rights." Indianapolis backed Joe Biden 63-34, but Republicans are hoping Shreve's resources will help him argue that change is needed after Hogsett's two terms.

Nashville, TN Mayor: The Nashville Scene reports that a conservative group called Save Nashville PAC is spending $150,000 on TV ad campaign to help the one notable Republican in the race, party strategist Alice Rolli, advance past the Aug. 3 nonpartisan primary. The messaging, unsurprisingly, invokes the specter of crime in big cities … other big cities, that is. "How many once-great cities around the U.S. are now complete disasters?" asks the narrator, "Is Nashville next? Alice Rolli will protect Nashville and keep it a clean, safe city."

The offensive comes at a time when two wealthy Democrats, former AllianceBernstein executive Jim Gingrich and former economic development chief Matt Wiltshire, continue to dominate the airwaves in the contest to succeed retiring Democratic Mayor John Cooper. AdImpact relays that Gingrich and his allies have outspent Wiltshire's side $1.6 million to $1.2 million in advertising, while Democratic Metro Council member Freddie O'Connell is far back with just $190,000.

A firm called Music City Research, though, has released a survey showing that, despite being heavily outspent, O'Connell leads with 22% as Wiltshire outpaces Rolli 17-13 for the second spot in the likely Sept. 14 runoff. The pollster is affiliated with Harpeth Strategies, which is run by one of O'Connell's supporters, fellow Metro Council member Dave Rosenberg. Rosenberg tells us this poll was conducted for a "private entity and not a mayoral campaign or an organization associated with a mayoral campaign." He added that, as far as he is aware, the sponsor is not backing or opposing anyone.

The last poll we saw was over a month ago, and it showed a far more unsettled race. The Democratic firm Public Policy Polling, working for real estate development group NAIOP Nashville, had O'Connell at 10% as two Democratic members of the state Senate, Jeff Yarbro and Heidi Campbell, respectively took 9% and 8%.

Morning Digest: Oregon Republicans threatens suit to overturn election results because of attack ad

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. Click here to subscribe.

Leading Off

OR-06: Here's something you don't see often—or ever: Republican Mike Erickson released an internal poll showing him leading his Democratic opponent, Andrea Salinas, the very same day that he filed a lawsuit demanding Salinas take down an attack ad by citing a law that he recently threatened to use to overturn the election should he lose.

To pick apart this strange turn of events, we'll start with Erickson's survey from Cygnal, which shows him beating Salinas 44-39 in Oregon's brand new 6th District, a seat Joe Biden would have taken 55-42. The last polls we saw out of this district, which is based in the Salem area and Portland's southwestern suburbs, were both from mid-August: The GOP firm Clout Research gave Erickson an even larger 43-34 advantage, while a GBAO internal for Salinas had her up 48-45.

Despite these optimistic numbers for Republicans, however, both the Congressional Leadership Fund and the NRCC have so far avoided spending here, even though their opponents at the DCCC and House Majority PAC have together dropped over $1.4 million. Given the district's lean, it's exceedingly unlikely that the GOP's two biggest House groups have steered clear of this race because they feel supremely confident, especially since a conservative organization called Take Back Oregon PAC just launched a $300,000 TV buy this week.

Salinas' side has run several commercials focusing both on allegations that Erickson paid for a girlfriend to have an abortion in 2000—years before Herschel Walker did the same—as well as stories around his 2016 arrest. The latter is the focus of his new lawsuit and a cease and desist notice he recently sent to Salinas. In that letter, Erickson threatened to invoke a state law that the Oregon Capitol Chronicle writes "prohibits knowingly making false statements about a candidate, political committee or ballot measure."

Reporter Julia Shumway explains, "If a judge determines that a candidate made a false statement that cost their opponent an election, the law states that the candidate will be removed as a nominee or elected official." But she adds, "Over several decades, Oregon courts have interpreted that law to exclude opinions or statements that could reasonably be interpreted as true." It's also not clear whether this law has ever been successfully employed to reverse the results of an election, and Erickson's attorney, Jill Gibson, cited no such examples in her letter.

In his newly filed lawsuit, Erickson didn't actually present any demands regarding overturning the upcoming election but instead asked a state court to order Salinas to stop airing the ads in question and "to retract the false statements by airing correction advertisements with the same frequency and broadcast location as the false advertisements." He is also seeking $800,000 in monetary damages, which he claims would cover the cost of "commercials to correct the false statements."

The complaint insists that Salinas' ads are "false" because Erickson "has never been charged with illegal possession of drug." To that end, Gibson's letter cited a recent story from The Oregonian in which Hood River County District Attorney Carrie Rasmussen said that the court documents that those allegations came from were incorrect.

Instead, Erickson's attorney from that case, Tara Lawrence, insisted that she'd made a "mistake" by filing a plea agreement stating that the Rasmussen's office had "agreed to dismiss felony possession of controlled substance upon tender of guilty plea." An attorney for Salinas, however, cited that very statement in support of the ad's truthfulness in a letter and argued that "a charge is a charge, whether or not the DA files it."

Before Erickson filed his lawsuit, Salinas' campaign shrugged off his threats, saying in a statement, "Mike Erickson's threats to overturn the election if he doesn't win should raise major concerns for Oregonians who cherish democracy."

The Downballot

After an eruption of even more scandals among Republican Senate candidates, FiveThirtyEight's Nathaniel Rakich returns to The Downballot this week to discuss the effect these sorts of scandals can have on competitive races; whether Democrats stand a chance to keep the House; and the different ways pollsters create likely voter models.

Co-host David Beard and guest host Joe Sudbay also discuss Dr. Oz, puppy killer; the GOP's hypocrisy regarding Herschel Walker's ever-growing list of scandals; Texas Attorney General Ken Paxton’s desperate attempts to avoid testifying in an abortion case; and Brazil's presidential runoff, where former President Luiz Inacio Lula de Silva remains the favorite despite far-right incumbent Jair Bolsonaro's better-than-expected first-round showing.

Please subscribe to The Downballot on Apple Podcasts or wherever you listen to podcasts. You can also find a transcript for this week's episode right here.

3Q Fundraising

  • CO-Sen: Joe O'Dea (R): $2 million raised, additional $1 million self-funded
  • GA-Sen: Herschel Walker (R): $12 million raised, $7 million cash-on-hand
  • OH-Sen: Tim Ryan (D): $17.2 million raised
  • PA-Sen: John Fetterman (D): $22 million raised
  • WI-Sen: Mandela Barnes (D): $20 million raised
  • GA-Gov: Brian Kemp (R-inc): $29 million raised, $15.4 million cash-on-hand
  • OH-Gov: Mike DeWine (R-inc): $1.5 million raised (in September), $12.5 cash-on-hand; Nan Whaley (D): $1.2 million raised (in September), $3.9 million cash-on-hand
  • CA-22: Rudy Salas (D): $1.2 million raised
  • CO-08: Yadira Caraveo (D): $1.5 million raised, $550,000 cash-on-hand
  • FL-15: Alan Cohn (D): $400,000 raised
  • IA-02: Ashley Hinson (R-inc): $1.25 million raised, $1.7 million cash-on-hand
  • IL-17: Eric Sorensen (D): $1.5 million raised
  • MT-01: Monica Tranel (D): $1.1 million raised
  • NH-02: Annie Kuster (D-inc): $1 million raised, $2.6 million cash-on-hand
  • NM-02: Gabe Vasquez (D): $1.55 million raised
  • NY-18: Pat Ryan (D-inc): $2.25 million raised, $600,000 cash-on-hand; Colin Schmitt (R): $500,000 raised, $500,000 cash-on-hand
  • PA-17: Chris Deluzio (D): $1.4 million raised
  • VA-02: Jen Kiggans (R): $1 million raised
  • VA-07: Abigail Spanberger (D-inc): $2.2 million raised

Senate

CO-Sen: Ron Hanks, a far-right state representative who lost the June Republican primary to Joe O'Dea 54-46, announced this week that he was endorsing Libertarian Brian Peotter as "the only conservative on the ballot." Hanks made it clear exactly what he thought of his former intra-party rival in his statement, declaring, "There is only a fake Republican, a pay-to-play opportunist with no conservative values or agenda. He merits no support, and he's not likely to get much." Hanks added, "Let the COGOP know we will have a party with conservative principles, not squishy candidates with a power fetish."

GA-Sen: While Republican Herschel Walker has spent days insisting that he did he not pay for his then-girlfriend to have an abortion in 2009 and that he also doesn't know who his accuser could be, the Daily Beast reported Wednesday night that the woman in question had a child with Walker a few years after her abortion. The woman, whose identity the publication has withheld, said of Walker's denials, "Sure, I was stunned, but I guess it also doesn't shock me, that maybe there are just so many of us that he truly doesn't remember." She continued, "But then again, if he really forgot about it, that says something, too."

The next day, Walker held a press conference where he again denied that he even knew who this woman was. However, the Daily Beast further reported that back in June, when the site first broke the news that Walker was father to three previously undisclosed children, the candidate himself had confirmed she was the mother of one of them.

Just before these latest developments, Walker released an ad against Democratic Sen. Raphael Warnock that played footage of a Democratic commercial focused on reports that the Republican had threatened to kill his ex-wife. "As everyone knows, I had a real battle with mental health—even wrote a book about it," Walker declared. CNN's Andrew Kaczynski quickly noted that this spot, which was aired "presumably in response to Daily Beast story," mentioned Walker's 2008 memoir, which was published the year before the candidate allegedly paid for the abortion.

NC-Sen: NBC reports that Senate Majority PAC has booked an additional $4 million to help Democrat Cheri Beasley, a move that will bring its total spending here to $10.5 million. The reservation comes at a time when Republican outside groups have been deploying considerably more money here than Democrats: While Politico reported Tuesday that Beasley has outspent Republican Ted Budd by $9 million in advertising, data from OpenSecrets shows that Budd's super PAC allies have outpaced Beasley’s supporters $34.9 million to $7.8 million.

NE-Sen: Nebraska Sen. Ben Sasse announced on Thursday that he would resign to become president of the University of Florida, which has named the Republican as the sole finalist for the post. Multiple media outlets report that Sasse's departure will occur before the end of the year, which would allow Republican Gov. Pete Ricketts, who will leave office in early 2023, to appoint a successor. The Nebraska Examiner says that a special election would take place for the final two years of Sasse's term in 2024, when fellow GOP Sen. Deb Fischer will also be up.

Sasse held the post of president of Midland University in Nebraska when he entered the 2014 primary to succeed Sen. Mike Johanns, a fellow Republican who unexpectedly decided to retire after one term. Sasse had the backing of the deep-pocketed Club for Growth but still looked like the underdog for most of his campaign against former state Treasurer Shane Osborn, a retired Navy pilot who was detained by China in 2001 after his plane collided with a Chinese fighter.

Osborn's bid, however, began to fall apart weeks before the primary after the media reported that he'd distributed a bogus Navy memo to defend his decision to land in China. Sasse soon pulled ahead in the polls, while his allies took action late in the campaign to stop a third contender, wealthy banking executive Sid Dinsdale, from sneaking through. Ultimately, Sasse beat Dinsdale by a convincing 49-22 margin, and he easily won the general election in this red state.

The new senator became a media favorite in D.C., especially after he emerged as a loud Donald Trump critic during the 2016 campaign, saying at one point that "if the Republican Party becomes the party of David Duke, Donald Trump, I'm out." Sasse, though, was anything but out after Trump took the White House, and while he still vocally trashed him at times, the senator nevertheless loyally voted the administration's way.

There was talk in 2020 that Sasse could be on the receiving end of a Trump-inspired primary challenge, but no one serious emerged even before Trump himself endorsed the incumbent. Sasse had no trouble winning a second term, though he went on to become one of seven Senate Republicans to vote to convict Trump the next year following his second impeachment. The Nebraskan, though, still voted the party line on all other major issues.

UT-Sen: Put Utah First, a group funded by Democratic megadonor Reid Hoffman, has dropped another $900,000 to aid conservative independent Evan McMullin, which takes its total investment here to $2.65 million.

Polls:

  • AZ-Sen: SSRS for CNN: Mark Kelly (D-inc): 51, Blake Masters (R): 45
  • IA-Sen: Cygnal (R) for Iowans for Tax Relief: Chuck Grassley (R-inc): 54, Mike Franken (D): 40 (July: 52-43 Grassley)
  • NV-Sen: SSRS for CNN: Adam Laxalt (R): 48, Catherine Cortez Masto (D-inc): 46

Governors

OR-Gov: Republican Christine Drazan has debuted a commercial accusing Democrat Tina Kotek of blocking an investigation into sexual abuse allegations, but The Oregonian's Jamie Goldberg writes, "Even by the traditionally loosened standards for political ads, that assertion is untrue, according to independent investigations and news reports."

Drazan's commercial declares that as speaker of the state House, Kotek "blocked an investigation into repeated sexual abuse because she was worried about how it would make her look." The complaints in question were about Republican Jeff Kruse—a member of the state Senate, not the state House. Unsurpirsingly, the speaker noted after the allegations became public that she had no influence over members of the upper chamber and said she did not have knowledge of the complaints against Kruse.

Goldberg writes, "No subsequent news reporting has showed Kotek covered up sexual abuse, although she did provide privacy to some victims who spoke up after 2018 to allege harassment by House members." The speaker was one of several lawmakers who initially refused to comply when the state Labor Bureau issued subpoenas after legislative attorneys argued the requests documents could reveal the identity of Kruse's accusers, but Goldberg says that a court order ultimately led Kotek and others to comply.

Polls:

  • AZ-Gov: SSRS for CNN: Katie Hobbs (D): 49, Kari Lake (R): 46
  • IA-Gov: Cygnal (R) for Iowans for Tax Relief: Kim Reynolds (R-inc): 59, Deidre DeJear (D): 38 (July: 56-41 Reynolds)
  • MN-Gov: SurveyUSA for KSTP: Tim Walz (D-inc): 50, Scott Jensen (R): 40 (Sept.: 51-33 Walz)
  • NV-Gov: SSRS for CNN: Joe Lombardo (R): 48, Steve Sisolak (D-inc): 46

House

FL-13: Progress Pinellas has dropped another $2.2 million to support Democrat Eric Lynn, which takes its total investment here to $6.7 million. The Tampa Bay Times reported in April that the group is funded by hedge fund manager Justin Ishbia, a Lynn cousin who usually contributes to Republicans.

MI-07: The Congressional Leadership Fund is running a new ad attacking Democratic Rep. Elissa Slotkin over recent reports that she’s been leasing a condo from a donor named Jerry Hollister, who serves as director of government relations for a medical manufacturing company called Niowave. CLF cites a Detroit News story noting that Slotkin had signed a 2020 letter supporting a Department of Energy program that awarded a total of $28 million to Niowave in 2019 and 2021, which the narrator suggests is "shady."

Slotkin's campaign responded to the initial stories by noting that she never mentioned Niowave in that missive, and that the Republican she defeated in 2018, Rep. Mike Bishop, had previously signed a similar letter. Her team declared the congresswoman had "never done anything in Congress that inappropriately benefits his company" and that she was "paying market rate rent to a landlord, just like thousands of mid-Michiganders."

MN-02: The Minnesota Reformer's Deena Winter reported Wednesday that, while Republican Tyler Kistner spent his unsuccessful 2020 campaign suggesting that he'd been in combat, Marine records show that was never the case. Winter notes that Kistner, who is again the GOP nominee, would have received a combat action ribbon had he seen battle, which he's acknowledged he doesn't have.

Two years ago, Kistner was facing off against several fellow Republicans, including Air Force veteran Erika Cashin, ahead of the GOP party convention, where Minnesota nominations are often decided. Kistner said at the time he couldn't turn over documents about his service, but he declared in the lead up to the gathering that he'd put the enemy "six feet under" and had "been on the wrong end of a loaded weapon." The candidate also referenced the wars in Iraq and Afghanistan and said, "I've been in such conflicts."

Cashin said in response at the time, "Tyler Kistner has said he is 'the most decorated military member in this race,' and has made multiple statements needing clarification." She also challenged him to release his records, arguing, "Tyler can put these questions to rest by simply releasing his DD 214 and proving what he has said is true." Kistner, though, won the party endorsement without publicizing those documents, and Cashin and his other foes dropped out afterwards rather than go on to the primary. Kistner ultimately lost the general election to Democratic Rep. Angie Craig 48-46.

The Congressional Leadership Fund, which is backing Kistner's second bid to unseat Craig, had been airing an ad saying he'd been in "four combat deployments." The progressive group VoteVets, though, asked stations to take down these spots because Kistner had actually served in Japan and Korea, which are not combat zones. CLF, for its part, claims it distributed an "incorrect version of the ad and fixed it ourselves on the same day."

A Kistner consultant named Billy Grant insisted his client had never lied during the 2020 race. Grant told Winter that the "six feet under" line referred to an operation where a "partner force effectively killed more than eight violent extremist organizations in the North African region," where Kistner helped coordinate the evacuation of seven injured soldiers. Grant also argues that Kistner had been telling the truth about being on the "wrong end of a loaded weapon" because he'd gotten into an argument with an allied commander who had pulled a gun on him before the matter was resolved.

NY-11, NY-19: Siena College is out with a pair of surveys for Spectrum News giving each party the lead in a New York House contest.

Over in the 11th District, which includes all of Staten Island and a portion of Brooklyn, freshman Republican Rep. Nicole Malliotakis enjoys a 49-43 edge in her rematch against Democrat Max Rose. The sample also finds Republican Lee Zeldin with a small 46-42 advantage against Democratic Gov. Kathy Hochul in a constituency Trump would have taken 53-46.

In the Hudson Valley-based 19th, meanwhile, Siena has Democrat Josh Riley beating Republican Marc Molinaro 46-41. The school also finds Zeldin ahead 46-45 in this swingy turf, which would have backed Biden 51-47.

Attorneys General & Secretaries of State

AZ-SoS, NV-SoS: SSRS, polling for CNN, finds election deniers with small leads in a pair of secretary of state races taking place in crucial swing states. Mark Finchem posts a 49-45 edge over Democrat Adrian Fontes in Arizona, while fellow Republican Jim Marchant enjoys a similar 46-43 edge against Cisco Aguilar in Nevada. Last week, the progressive group End Citizens United released internals from GSG showing Fontes ahead 46-44. Fontes is also getting some new outside support, as CNN reports that the Democratic organization iVote will spend $5 million to aid him.

IA-AG: The Republican firm Cygnal's new survey for the conservative Iowans for Tax Relief shows Republican Brenna Bird outpacing longtime Democratic Attorney General Tom Miller 46-43. Back in July, Cygnal found Miller, who is seeking a historic 11th term, ahead by a narrow 45-44 margin.

IN-SoS: IndyPolitics.com recently published a story in which two women charged that Diego Morales, who is the Republican nominee for secretary of state, sexually harassed and groped them. One said the incident took place in 2007, while the other said her encounter with Morales took place a few years later. Morales soon put out a statement saying, "The claims being made against me are false and I unequivocally deny all of them." He faces Democrat Destiny Wells in November.

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