Category: EverytownforGunSafety

Morning Digest: Longtime congressman will retire rather than face Trump-backed colleague in primary

Posted on by Daily Kos Elections

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

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Leading Off

● MI-04: Michigan Rep. Fred Upton, who was one of 10 Republicans to vote to impeach Donald Trump last year, announced Tuesday that he would not seek a 19th term this fall. In an email to supporters, Upton said he believed "it is time to pass the torch," though the person who will most likely be claiming that beacon in the new 4th Congressional District is his colleague and would-be primary foe, Trump-backed Rep. Bill Huizenga.

While it's possible that Upton's departure will entice someone else to run against Huizenga in the August GOP primary, they'd need to collect at least 1,000 valid signatures by the April 19 filing deadline. No notable Democrats have entered the race so far for the new version of the 4th, a southwestern Michigan seat Trump would have carried 51-47 in 2020.

Huizenga announced back in December, right after the state's new congressional maps were completed, that he'd be seeking re-election in the new 4th, and he earned an endorsement from Trump last month. Upton, by contrast, spent months keeping the political world guessing as to whether he'd go up against Huizenga in the primary or retire, though until Tuesday, it seemed that he had one more race in him: In February, Upton launched a $400,000 ad campaign in which he told viewers, "If you want a rubber stamp as your congressman, I'm the wrong guy. But if you want someone committed to solving problems, putting policy over politics, then I'm asking for your support."

Upton, though, said at the time that he was still undecided about 2022, and his retirement announcement proves he wasn't just playing coy. On Tuesday, he insisted that redistricting mattered more to him than any backlash from his impeachment vote, saying, "My district was cut like Zorro—three different ways." However, it was Huizenga who, at least on paper, was more disadvantaged by the new map: While about two-thirds of the residents of the new 4th are currently Upton's constituents, Huizenga represents only about a quarter of the seat he's now the frontrunner to claim.

Upton's decision ends a long career in politics that began in the late 1970s when he started working for local Rep. David Stockman, and he remained on his staff when Stockman became Ronald Reagan's first director of the Office of Management and Budget. In 1986, Upton decided to seek elected office himself when he launched a primary challenge to Rep. Mark Siljander, who had succeeded Stockman in the House in 1981, in an earlier version of the 4th District.

Siljander was an ardent social conservative well to the right of even Reagan: Among other things, he'd unsuccessfully tried to torpedo Sandra Day O'Connor's nomination to the Supreme Court in 1981 because he didn't feel she was sufficiently conservative, and he even threatened to vote against the White House's priorities in an attempt to thwart O'Connor. Siljander, though, had taken just 58% of the vote in his 1984 primary, which suggested that a significant number of primary voters were unhappy with him.

Upton argued that, while both he and Siljander were "conservative Republican[s]," the incumbent had ignored his constituents to focus on international issues. Upton, by contrast, insisted that he'd work better with the party's leadership and seek committee assignments that would allow him to direct his energies to domestic concerns. The race took a dark turn late in the campaign when audio leaked of Siljander telling local clergy members to aid him in order to "break the back of Satan," arguing that his loss "would send a shock wave across America that Christians can be defeated in Congress by impugning their integrity and smear tactics."

Upton ended up dispatching the congressman 55-45, a convincing thumping that both sides attributed to Siljander's comments. Upton's team, while denying that the outcome represented a loss for the religious right, predicted, "Fred's tactics will be much more moderate and more reasonable." Upton easily prevailed in the general election and had no trouble winning for decades; Siljander, for his part, was last in the news in late 2020 when Trump pardoned what an angry Upton described as "a series of federal crimes including obstruction of justice, money laundering and lobbying for an international terrorist group with ties to Osama bin Laden, al-Qaida and the Taliban."

In 2002, Upton easily turned back a primary campaign from state Sen. Dale Shugars 66-32 in what was now numbered the 6th District, but when the burgeoning tea party turned its wrath on establishment figures in 2010, the longtime congressman had become much more vulnerable to intra-party challenges. His opponent that year was former state Rep. Jack Hoogendyk, who had badly failed in his quest to unseat Democratic Sen. Carl Levin two years earlier but argued that Upton was insufficiently conservative. The congressman outspent Hoogendyk by an 18-to-1 margin but prevailed only 57-43, which enticed Hoogendyk to try again in 2012.

However, while the anti-tax Club for Growth ran commercials this time against Upton, who by now was chair of the Energy and Commerce Committee, the incumbent worked hard to emphasize his opposition to the Obama administration and won by a larger 67-33 margin. That was the last time he faced a serious primary challenge at the ballot box, but in 2014 he went through his first expensive general election campaign when law professor Larry Lessig directed his Mayday PAC, which he called his "super PAC to end super PACs," to target Upton.

Mayday spent over $2 million to aid a previously unheralded Democrat named Paul Clements, and while Upton didn't come close to losing in that red wave year, Democrats hoped his 56-40 showing meant he could be beaten in a better political climate. Clements sought a rematch in 2016, but Upton won by a 59-36 spread.

In 2018, though, the congressman faced a considerably tougher battle against physician Matt Longjohn at a time when the GOP was on the defensive nationwide. Upton got some surprising help during that campaign when Joe Biden delivered a speech in his district that was paid in part by an Upton family foundation; Biden, who was apparently motivated to praise Upton because of the congressman's work on a bill called the 21st Century Cures Act, declared the congressman was "one of the finest guys I've ever worked with" and "the reason we're going to beat cancer." Ultimately, the congressman prevailed 50-46 in what was by far the closest race of his career. Afterwards, Longjohn’s campaign manager said Biden’s involvement was "brutal at the time and stings even more today."

Democrats hoped they could finally take Upton down in 2020, but Upton returned to form and beat state Rep. Jon Hoadley 56-40 as Trump was carrying his district 51-47. Two months later, Upton responded to the Jan. 6 attack by voting for impeachment, a vote that arguably did more than anything else to close out his lengthy time in Congress.

1Q Fundraising

  • PA-Sen: John Fetterman (D): $3.1 million raised, $4.1 million cash-on-hand
  • NH-Sen: Kevin Smith (R): $410,000 raised (in nine weeks)
  • FL-07: Rusty Roberts (R): $173,000 raised (in 10 days)
  • MI-12: Janice Winfrey (D): $200,000 raised (in six weeks)
  • OH-13: Emilia Sykes (D): $350,000 raised
  • RI-02: Joy Fox (D): $175,000 raised (in two months)
  • SC-01: Nancy Mace (R-inc): $1.2 million raised, $2.3 million cash-on-hand

Senate

● AZ-Sen: Monday was the deadline for candidates to file for Arizona's Aug. 2 primary, and the state has a list of contenders here. We run down all the major contests in their respective sections of the Morning Digest, starting with the Senate race.

Democratic Sen. Mark Kelly won a tight 2020 election for the final two years of the late John McCain's term, and he'll be a top GOP target this fall as he seeks re-election. Five Republicans are running to take him on (though Gov. Doug Ducey, to the frustration of Senate Minority Leader Mitch McConnell, is not one of them), and polls show that a large plurality of primary voters is undecided.

The most prominent contender may be state Attorney General Mark Brnovich, though he attracted heaps of abuse last year from Trump for not doing enough to advance the Big Lie. The only other current elected official is state Corporation Commissioner Justin Olson, but he's struggled to attract attention. The field also includes self-funding businessman Jim Lamon; former Thiel Capital chief operating officer Blake Masters, whose former boss is heavily financing a super PAC to boost him; and retired Air Force Maj. Gen. Michael McGuire.

● OH-Sen: Venture capitalist J.D. Vance and former state Treasurer Josh Mandel are each running commercials for the May 3 Republican primary espousing ultra-conservative ideas as they attack the very idea that their beliefs could be racist.

Vance is pushing that message in what the GOP firm Medium Buying says is his first-ever TV ad, though his allies at Protect Ohio Values PAC have already spent over $6 million promoting him. "Are you a racist?" Vance begins as he points right at the camera, "Do you hate Mexicans? The media calls us racist for wanting to build Trump's wall." The Hillbilly Elegy author continues by accusing the media of censorship before proclaiming, "Joe Biden's open border is killing Ohioans with more illegal drugs and more Democrat voters pouring into this country." Mandel, meanwhile, exclaims, "There's nothing racist about stopping critical race theory and loving America."

On the Democratic side, former Consumer Financial Protection Bureau official Morgan Harper has launched what her campaign says is a six-figure opening ad buy. Harper describes her local roots and service in the Obama administration before trying to contrast herself with Rep. Tim Ryan, the frontrunner for the nod, by declaring, "I'm the only Democrat for Senate who's always supported Medicare for All and a $15 living wage, who's always been pro-choice, and supports expanding the Supreme Court to protect women's rights."

● PA-Sen: Allies of Rep. Conor Lamb at a super PAC called Penn Progress just dropped the first negative TV ad of Pennsylvania's Democratic Senate primary, but there's a huge problem with the spot.

The narrator begins by asking, "Who can Democrats trust in the race for Senate?" and contrasts Lamb—"a former prosecutor and Marine"—with Lt. Gov. John Fetterman, "a self-described democratic socialist." The ad cites an NPR segment from 2020 for that claim about Fetterman, but at the bottom of the piece are not one but two correction notices that both read, "This story wrongly states that Pennsylvania Lt. Gov. John Fetterman is a 'self-described democratic socialist.' He is not." Citing those corrections, attorneys for Fetterman's campaign sent a letter to TV stations demanding they take down the spot, calling it "false and defamatory."

Penn Progress responded by pointing to other news articles that have also called Fetterman a "self-described democratic socialist," but no one seems to have found a quote from Fetterman actually referring to himself this way. That's because, according to his campaign, no such quote exists. In their letter, Fetterman's lawyers say the candidate "has never described himself as a 'democratic socialist'" and link to a 2016 interview in which Fetterman says, "No, I don't label myself a democratic socialist."

Fetterman's team is seeking to have this advertisement bumped from the airwaves because TV and radio stations can be held liable for defamatory content in third-party ads. (Because they're obligated under federal law to run candidate ads so long as they're paid for, broadcasters aren't liable for the content of such spots.) On Tuesday evening, the Fetterman campaign said that one station, WPVI in Philadelphia, had complied with its request.

Aside from the factual blunder, Lamb's supporters may be making a political mistake as well: Attacking a rival as too liberal in a Democratic primary is rarely a winning move. If Penn Progress' ad gets bounced, it may actually be a blessing in disguise for the super PAC.

Separately, a new poll of the GOP primary from Public Opinion Strategies for Honor Pennsylvania finds hedge funder David McCormick (whom the group is backing) leading TV personality Mehmet Oz 22-16. In a previously unreleased POS poll from January, Oz enjoyed a 31-13 advantage, but both sides—and other candidates as well—have unleashed millions in attack ads since then.

● SD-Sen: Candidate filing closed March 29 for South Dakota's June 7 primaries, and we'll be taking a look at the fields for any notable 2022 contests now that the Secretary of State's office has had a week to receive "the official certification(s) from county central committees or state political parties"; you can find a list of contenders here. A runoff would be required on Aug. 16 in the races for U.S. Senate, U.S. House, and governor if no candidate wins at least 35% of the vote, but there aren't enough contenders in any of those races to make this a possibility. Note also that the parties hold nominating conventions (typically later in June) instead of primaries for several offices, including attorney general.

Donald Trump used the last days of his time on Twitter to rant in late 2020 that Republican Sen. John Thune "will be primaried in 2022, political career over!!!" but the Senate minority whip's political career seems like it will continue just fine. Only two little-known Republicans, Oglala Sioux tribal administrator Bruce Whalen and rancher Mark Mowry, ended up filing to take him on, despite Thune's long dalliance with retirement, and there's no indication that either poses a threat. Attorney Brian Bengs has the Democratic primary to himself in this very red state.

● Ad Reservations: Last week we got preliminary information about the first fall TV bookings from the Democratic group Senate Majority PAC, and AdImpact now has full details about how much money is going into each reservation:

  • Arizona: $22.4 million
  • Georgia: $24.6 million
  • Nevada: $14.1 million
  • Pennsylvania: $25.8 million
  • Wisconsin: $11.7 million

Arizona, Georgia, and Nevada are Democratic-held, while SMP is going on the offensive in Pennsylvania and Wisconsin. These are the first general election reservations we've seen from any major outside groups on the Senate side.

Governors

● AL-Gov: Former Ambassador to Slovenia Lindy Blanchard is running more ads ahead of the May 24 Republican primary arguing that Gov. Kay Ivey is insufficiently conservative. One spot focuses entirely on attacking the governor, including a clip of her saying last year, "It's time to start blaming the unvaccinated folks, not the regular folks." The other commercial tries to use the Big Lie against Ivey, with the narrator proclaiming, "Lindy believes the election was stolen from Trump. Kay Ivey thinks Biden's victory was legitimate."

Ivey, meanwhile, is running her own ads playing up her own far-right credentials. "The fake news, big tech, and blue state liberals stole the election from President Trump," says the governor, "but here in Alabama, we are making sure that never happens. We have not, and will not, send absentee ballots to everyone and their brother."

● AZ-Gov: Both sides have competitive primaries to succeed termed-out GOP Gov. Doug Ducey in swingy Arizona. Secretary of State Katie Hobbs has long looked like the frontrunner on the Democratic side, and she picked up an endorsement Tuesday from the state branch of the American Federation of Teachers. Her two intra-party foes are former state Rep. Aaron Lieberman and former Homeland Security official Marco López, who is a one-time mayor of Nogales.

Republicans, meanwhile, have six contenders. Trump has thrown his endorsement behind Kari Lake, a former local TV anchor turned conservative conspiracy theorist. The only current elected official, by contrast, is Board of Regents member Karrin Taylor Robson, who is backed by former Govs. Jan Brewer and Fyfe Simington.

Another name to watch is former Rep. Matt Salmon, who narrowly lost the 2002 general election to Democrat Janet Napolitano; his second bid has the support of the Club for Growth as well as Reps. Andy Biggs and David Schweikert. There's also self-funding businessman Steve Gaynor, who narrowly lost the open-seat race for secretary of state to Hobbs in 2018. Businesswoman Paola Tulliani Zen, who founded a biscotti company, also attracted attention earlier this year when politicos learned she'd self-funded $1.2 million, but she hasn't otherwise generated much press. Neither has the sixth GOP candidate, Scott Neely.

● NM-Gov: Former Sandoval County Commissioner Jay Block uses his first spot for the June Republican primary to proclaim that he was "a day-one supporter of President Donald J. Trump," who badly lost New Mexico twice. The ad goes on to tout Block's conservative ideas, including his desire to "finish the border wall" and "block the COVID mandates," though at times the narrator's message almost gets drowned out by the commercial's loud music.

● SD-Gov: Gov. Kristi Noem faces a Republican primary challenge from state Rep. Steve Haugaard, a former state House speaker who, believe it or not, is trying to run to the incumbent's right. Noem, though, has a massive financial edge over the challenger, as well as Trump's endorsement, and there's no indication yet that she's vulnerable. The winner will take on state House Minority Leader Jamie Smith, who faces no opposition in the Democratic primary.

● TX-Gov: YouGov's new poll for the Texas Hispanic Policy Foundation shows Republican Gov. Greg Abbott leading Democrat Beto O'Rourke 50-42 among likely voters.

House

● AK-AL: 314 Action Fund, a group that supported independent Al Gross in his 2020 Senate race, has released a survey from the Democratic pollster Change Research that finds him locked in a close special election against former GOP Gov. Sarah Palin in the instant-runoff general election in August.

It's impossible to know which of the 48 candidates competing in the June top-four primary might advance to the general, but we know the final matchup will be different than the one Change polled because one of the candidates it included, Republican state Sen. Lora Reinbold, did not end up running; the survey was also conducted days before either Palin or the final Republican candidate tested, state Sen. Josh Revak, announced they were in.

The firm initially finds Gross leading Palin 33-30 in a hypothetical general election, with Revak and Reinbold at 9% and 8%, respectively. After the instant runoff process is simulated, not much changes, as Gross and Palin tie with 35% apiece, while 30% are undecided. In a separate question pitting the two head-to-head, however, Palin edges out Gross 42-40.

314 Action hasn't made an endorsement yet, but the organization made it clear it wanted Gross to win in its release, saying, "Dr. Al Gross has dedicated his life to improving health outcomes for Alaskans, and if elected to Congress he'll have a platform to craft policy that will do just that."

● AZ-01: Republican Rep. David Schweikert is running for re-election in the revamped 1st District, a seat in eastern Phoenix and its eastern suburbs that's changed quite a bit from the 6th District he currently represents: While Trump would have carried his existing constituency 51-47, it’s Biden who would have taken the new 1st 50-49. (We explain the many changes to Arizona's congressional map here.)

Before he can focus on the general election, though, Schweikert needs to get past self-funder Elijah Norton in the primary. Norton has been attacking the ethics of the incumbent, who in 2020 agreed to pay a $50,000 fine, accept a formal reprimand, and admit to 11 different violations of congressional rules and campaign finance laws in a deal with the bipartisan House Ethics Committee to conclude a two-year investigation. Schweikert, though, has made it clear he'll focus on Norton's turbulent departure from his insurance company. The field also includes Josh Barnett, who badly lost to Democratic Rep. Ruben Gallego last cycle in the safely blue 7th District.

Three Democrats are also competing for this competitive seat. The field consists of Jevin Hodge, who lost a tight 2020 race for the Maricopa County Board of Supervisors; former Phoenix Suns employee Adam Metzendorf; and environmental consultant Ginger Sykes Torres, who has the backing of southern Arizona Rep. Raúl Grijalva.

● AZ-02: Democratic Rep. Tom O'Halleran is defending a seat in northern and eastern rural Arizona that would have backed Trump 53-45, which is a significant shift from Biden's 50-48 win in the 1st District that he currently holds.

Seven Republicans are competing to take him on, and there's no obvious frontrunner at this point. The two elected officials in the running are state Rep. Walt Blackman and John Moore, the mayor of the tiny community of Williams. Also in the running are Navy SEAL veteran Eli Crane; Ron Watkins, the reputed founder of the QAnon conspiracy cult; and three others. Navajo Nation Vice President Myron Lizer had announced he was running last month, but his name was not on the state’s final list of candidates.

● AZ-04: Democratic Rep. Greg Stanton is defending the 4th District in the southern Phoenix suburbs that, at 54-44 Biden, is considerably less safe than the 9th District it replaces. Six Republicans are competing to take him on, including Tanya Wheeless, who served as a staffer to then-Sen. Martha McSally, and Chandler City Councilman Rene Lopez.

● AZ-06: Democratic Rep. Ann Kirkpatrick announced her retirement last year before Arizona's Independent Redistricting Commission drew up a new 6th District in the Tucson area that Biden would have carried by a tiny 49.3-49.2 margin—a sizable drop from Biden’s 55-44 win in the old 2nd District.

The Democratic contest pits former state Rep. Daniel Hernández, who as an intern helped save then-Rep. Gabby Giffords after she was shot in 2011, against state Sen. Kirsten Engel; a third candidate, engineer Avery Anderson, hasn't earned much attention so far. The GOP frontrunner is Juan Ciscomani, a former senior advisor to Gov. Doug Ducey, though it remains to be seen if any of his four intra-party rivals can give him a serious fight.

● FL-13: 2020 nominee Anna Paulina Luna, who has Trump's endorsement, has released a Spry Strategies poll that shows her again winning the August Republican primary. The firm gives Luna the lead with 35%, while prosecutor Kevin Hayslett and 2020 candidate Amanda Makki are tied for second with 9% each.

● GA-07: NBC reports that Rep. Lucy McBath is spending $74,000 on her first TV ad for the May 24 Democratic primary, which features her visiting the grave of her son, Jordan Davis, as she describes how he was murdered by a gunman. (The commercial features surveillance footage from the gas station where Davis was killed, with someone responding to the sounds of gunfire, "Oh my God. Somebody's shooting!") McBath tells the audience, "My tragedy turned to purpose. In Congress, I'm fighting to protect voting rights, to lower prescription drug costs, and to prevent gun violence."

McBath's longtime allies at Everytown for Gun Safety are also spending $1 million to help her, which the Atlanta Journal-Constitution says will come in the form of digital and radio ads and a mail campaign. McBath has already benefited from $1 million in advertising from another group, Protect Our Future PAC, while fellow incumbent Carolyn Bourdeaux has not yet received any major outside support.

● MD-01: Former Del. Heather Mizeur says she'll continue her campaign for the Democratic nod to take on Republican Rep. Andy Harris even though Trump would have carried the newest version of this seat by a tough 56-42 margin. Foreign policy strategist Dave Harden, who is the underdog in the July primary, also made it clear he'd remain in the race.

● NH-01: The Associated Press reports that former Trump administration official Matt Mowers, one of the leading GOP candidates for New Hampshire's 1st Congressional District, voted twice in the 2016 primaries, which would be a violation of federal law.

According to the AP, Mowers cast a ballot in New Hampshire's primary in February, when he was working for Chris Christie's presidential campaign. (Christie finished sixth with just 7% of the vote and quit the race the next day.) Mowers then voted in the June primary in his home state of New Jersey, a month after Donald Trump became the GOP's de facto nominee, though there were other races on the ballot that day as well.

Any statute of limitations has long run out, so Mowers—who has a page devoted to "election integrity" on his campaign website—would be able to evade any legal ramifications. Politically, though, it's a different story, as his rivals for the nomination to take on Democratic Rep. Chris Pappas immediately went on the attack. Mowers' campaign has so far declined to respond directly to the story.

● SD-AL: Rep. Dusty Johnson faces a Republican primary challenge from state Rep. Taffy Howard, a Big Lie supporter who launched her bid last year insisting, "I believe there was fraud in the last election that needs to be investigated. Our current congressman is not willing to admit that there was an issue." No Democrat ended up filing to run for the state's only House seat.

● TX-15: EMILY's List has endorsed businesswoman Michelle Vallejo in the May 24 Democratic primary runoff for this open seat. Vallejo will face Army veteran Ruben Ramirez, who led her 28-20 last month in the first round of the nomination contest.

● TX-34 (special): Republican Gov. Greg Abbott has scheduled the special all-party primary to succeed former Democratic Rep. Filemon Vela for June 14, with the filing deadline set for April 13. A runoff date would only be scheduled if no one earns a majority of the vote in the first round.

Attorneys General

● AZ-AG: Republicans have a six-way primary to succeed termed-out Attorney General Mark Brnovich, who is seeking Team Red's nod for U.S. Senate, and this is another nominating contest without an obvious frontrunner. The only Democrat, by contrast, is former Arizona Corporation Commission Chair Kris Mayes.

One familiar GOP contender is Tiffany Shedd, who lost a close general election last cycle in the 1st Congressional District against Rep. Tom O'Halleran. Another 2020 loser is Rodney Glassman, who narrowly failed to unseat the Maricopa County assessor in the primary; Glassman was the 2010 Democratic nominee against Sen. John McCain, but he now sports an endorsement from far-right Rep. Paul Gosar. The field also consists of two former prosecutors, Lacy Cooper and Abe Hamadeh; former Arizona Supreme Court Justice Andrew Gould; and manufacturing executive Dawn Grove.

● TX-AG: YouGov surveys the May 24 Republican primary runoff for the Texas Hispanic Policy Foundation and shows incumbent Ken Paxton fending off Land Commissioner George P. Bush 65-23, which is even larger than the 59-30 lead that CWS Research found in its recent poll for a pro-Paxton group. YouGov also has former ACLU attorney Rochelle Garza beating former Galveston Mayor Joe Jaworski 46-31 for the Democratic nod.

YouGov tests hypothetical general election scenarios as well and finds that, despite his myriad of scandals, Paxton outperforms Bush. The attorney general leads Garza and Jaworski 48-42 and 48-41, respectively, while Jaworski edges out Bush 39-38 and Garza ties him at 39-all.

Secretaries of State

● AZ-SoS: Democratic Secretary of State Katie Hobbs is running for governor, and four Republicans and two Democrats are running to replace her as this swing state's chief elections officer.

Donald Trump, unsurprisingly, has taken a strong interest in this contest and endorsed state Rep. Mark Finchem, a QAnon supporter who led the failed effort to overturn Joe Biden's 2020 victory and attended the Jan. 6 rally just ahead of the attack on the Capitol. Team Red's field also includes state Rep. Shawnna Bolick, who championed a bill that would have allowed the state legislature to decertify the state's presidential results at any point before Inauguration Day, and state Sen. Michelle Ugenti-Rita, who has sponsored some of the most aggressive new voting restrictions in Arizona. The final Republican contender is advertising executive Beau Lane.

Democrats, meanwhile, have a duel between state House Minority Leader Reginald Bolding and Adrian Fontes, who narrowly lost re-election in 2020 as Maricopa County clerk, the post responsible for election administration in the county.

Prosecutors

● Maricopa County, AZ Prosecutor: Republican incumbent Alistair Adel resigned late last month as the top prosecutor of America's fourth-largest county over serious questions about her ability to manage her office, and one Democrat and three Republicans quickly collected the requisite signatures needed to compete in the special election to succeed her. The partisan primary and general elections will take place on the same days as the state's regularly scheduled statewide contests, and the winner will be up for a full term in 2024.

The only Democrat in the race is 2020 nominee Julie Gunnigle, who lost to Adel by a close 51-49. The GOP field consists of Anni Foster, who is Gov. Doug Ducey's general counsel; City of Goodyear Prosecutor Gina Godbehere; and prosecutor Rachel Mitchell, whom Senate Republicans hired in 2018 as a "female assistant" to question Brett Kavanaugh and accuser Christine Blasey Ford. A fourth Republican, attorney James Austin Woods, does not appear to have filed.

Morning Digest: How a brazen campaign finance scandal led to this Florida Republican’s downfall

Posted on by Daily Kos Elections

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

Alaska, Florida, and Wyoming held their primaries on Tuesday. You can find current results at the links for each state; we’ll have a comprehensive rundown in our next Digest.

Leading Off

● FL-15: Republican primary voters in Florida’s 15th Congressional District on Tuesday denied renomination to freshman Rep. Ross Spano, who has been under investigation by the Justice Department since last year due to a campaign finance scandal, and instead gave the GOP nod to Lakeland City Commissioner Scott Franklin.

With all votes apparently counted, Franklin defeated Spano 51-49. Franklin’s next opponent will  be former local TV news anchor Alan Cohn, who beat state Rep. Adam Hattersley 41-33 for the Democratic nomination.

Campaign Action

This central Florida seat, which includes the mid-sized city of Lakeland and the exurbs of Tampa and Orlando, moved from 52-47 Romney to 53-43 Trump, and Franklin is favored to keep it in Republican hands. Still, the general election could be worth watching: In 2018, before news of Spano’s campaign finance scandal broke, he won by a modest 53-47 margin.

Spano’s defeat ends a short, but unfortunately for him quite eventful, congressional career. Spano, who was elected to the state House in 2012, had been waging a campaign for state attorney general in 2018 until Republican Rep. Dennis Ross surprised everyone by announcing his retirement. Spano switched over to the contest to succeed Ross, which looked like an easier lift, but he nonetheless faced serious intra-party opposition from former state Rep. Neil Combee.

Spano beat Combee 44-34 and went on to prevail in the general election, but he found himself in trouble before he was even sworn into Congress. That December, Spano admitted he might have broken federal election law by accepting personal loans worth $180,000 from two friends and then turning around and loaning his own campaign $170,000. That's a serious problem, because anyone who loans money to a congressional candidate with the intent of helping their campaign still has to adhere to the same laws that limit direct contributions, which in 2018 capped donations at just $2,700 per person.

The House Ethics Committee initially took up the matter but announced in late 2019 that the Justice Department was investigating Spano. The congressman variously argued that he'd misunderstood the law governing campaign loans but also insisted his campaign had disclosed the loan "before it became public knowledge" in the financial disclosure forms all federal candidates are obligated to file.

That latter claim, however, was flat-out false: As the Tampa Bay Times' Steve Contorno explained, Spano had failed to file those disclosures by the July 2018 deadline, only submitting them just before Election Day—after the paper had asked about them. Only once those reports were public did the paper learn that the money for Spano's questionable loans came from his friends.

Despite his scandal, most of the party establishment, including Sen. Marco Rubio and most of the neighboring Republican congressmen, stood by Spano. However, he had trouble bringing in more money, and Franklin used his personal wealth to decisively outspend the incumbent. The anti-tax Club for Growth dumped $575,000 into advertising attacking Franklin, but it wasn’t enough to save Spano from defeat on Tuesday.

P.S. Spano is the fifth House Republican to lose renomination this cycle, compared to three Democrats. The good news for the rest of the GOP caucus, though, is that none of them can lose their primaries … because the remaining states don’t have any Republican members. (Louisiana does host its all-party primaries in November, but none of the state’s House members are in any danger.)

Senate

● AL-Sen: In what appears to be the first major outside spending here on the Democratic side, Duty and Honor has deployed $500,000 on an ad buy praising Sen. Doug Jones. The commercial extols the incumbent for working across party lines to protect Alabamians during the pandemic and "fighting to expand Medicaid to cover Alabama families who need it." The conservative organization One Nation, meanwhile, is running a spot hitting Jones for supporting abortion rights.

● GA-Sen-A: The Democratic group Senate Majority PAC is running an ad going after a Georgia Republican senator's stock transactions … just not the senator you might expect. The commercial begins, "Jan. 24, the U.S. Senate gets a private briefing on the coronavirus. Georgia Sen. David Perdue gets busy." The narrator continues, "That same day, he buys stock in a company that sells masks and gloves. Then sells casino stocks and winds up buying and dumping up to $14.1 million dollars in stock."

Perdue, like homestate colleague Kelly Loeffler, has argued that these trades were made by advisers who acted independently. Perdue has also said that he was not part of that Jan. 24 briefing.

Meanwhile, SMP's affiliated nonprofit, Duty and Honor, is airing a spot that uses Perdue's own words to attack his handling of the pandemic. "Very, very few people have been exposed to it," the audience hears Perdue say, "The risk of this virus still remains low." The narrator continues, "No wonder Perdue voted against funding for more masks, gloves, and ventilators. And voted to cut funding at the CDC to combat pandemics."

● GA-Sen-B: Georgia United Victory, which supports Republican Sen. Kelly Loeffler, is airing another commercial attacking Republican Rep. Doug Collins, and the Atlanta Journal-Constitution reports that its total buy now stands at $6 million.

As pigs fill the screen, a truly bored-sounding narrator begins, "Another talking pig commercial? Good grief. We all know pigs are wasteful." She goes on to ask, "Is that the best comparison to Doug Collins? Oh sure. Collins loves pork for things like wine tasting and the opera." She goes on to say the congressman is too close to lobbyists and concludes, "He's laid quite a few eggs. Ever seen a pig lay an egg? Didn't think so." We really don't understand why this spot decided to go into the details of pig reproduction for no apparent reason, but ok.

● IA-Sen, NC-Sen: Politico reports that Everytown for Gun Safety is launching an ad campaign this week against two Republican senators: The group will spend $2.2 million against Iowa's Joni Ernst (here and here), and $3.2 million opposing North Carolina's Thom Tillis (here and here).

Both ads argue the incumbents are too close to special interests, including the "gun lobby" and the insurance industry. The Iowa commercials also reference Ernst's infamous 2014 "make 'em squeal" spot by arguing, "She said she'd go to Washington and make them squeal. Joni Ernst broke that promise to Iowa and made the special interests her top priority." The narrator concludes that Ernst has actually left Iowans to squeal.

● MA-Sen: Priorities for Progress, a group that the Boston Globe says is affiliated with the pro-charter school and anti-teachers union organization Democrats for Education Reform, has released a SurveyUSA poll that shows Massachusetts Sen. Ed Markey narrowly leading Rep. Joe Kennedy 44-42 in the Democratic primary. Neither group appears to have taken sides in the Sept. 1 contest.

This is the third poll we've seen in the last month, and the others have also shown Markey in the lead. However, while the Republican firm JMC Analytics gave the incumbent a similar 44-41 edge in an early August crowdfunded survey, a YouGov poll for UMass Amherst and WCVB had Markey ahead 51-36 last week.

● MI-Sen: Republican John James has publicized a poll from the Tarrance Group that shows him trailing Democratic Sen. Gary Peters "just" 49-44; the survey, like most Republican polls this cycle, did not include presidential numbers.

There isn't any ambiguity about why James' team is releasing this survey, though. The memo noted that, while the Democratic group Duty and Honor has been airing commercials for Peters, there has been "no corresponding conservative ally on the air against Gary Peters," and it goes on to claim the Republican can win "[w]ith the proper resources." Indeed, as Politico recently reported, major Republican outside groups have largely bypassed this contest, and neither the NRSC or Senate Leadership Fund currently has any money reserved for the final three months of the campaign.

James is getting some air support soon, though. Roll Call reports that One Nation, a nonprofit affiliated with SLF, will launch a $4.5 million TV and radio ad campaign against Peters on Wednesday.

● NC-Sen: While most Republican downballot candidates have largely avoided tying their Democratic opponents to Joe Biden, Sen. Thom Tillis tries linking Democrat Cal Cunningham to Biden in a new spot.

● Polls: The progressive group MoveOn has unveiled a trio of new Senate polls from Public Policy Polling:

  • GA-Sen-A: Jon Ossoff (D): 44, David Perdue (R-inc): 44 (June: 45-44 Ossoff)
  • IA-Sen: Theresa Greenfield (D): 48, Joni Ernst (R-inc): 45 (June: 45-43 Greenfield)
  • ME-Sen: Sara Gideon (D): 49, Susan Collins (R-inc): 44 (July: 47-42 Gideon)

The releases did not include presidential numbers.

House

● OH-01: Democrat Kate Schroder is running a TV commercial about the truly strange scandal that engulfed Republican Rep. Steve Chabot's campaign last year. The narrator accuses the incumbent of lying about Schroder to draw attention away from his own problems, declaring, "Chabot is facing a grand jury investigation for $123,000 in missing campaign money."

The ad continues, "After getting caught, Chabot blamed others. And his campaign manager went missing." The narrator concludes, "We may never learn the truth about Shady Chabot's missing money, but we do know that 24 years is enough. (Chabot was elected to represent the Cincinnati area in Congress in 1994, lost a previous version of this seat in 2008, and won it back two years later.)

As we've written before, Chabot's campaign was thrown into turmoil last summer when the FEC sent a letter asking why the congressman's first-quarter fundraising report was belatedly amended to show $124,000 in receipts that hadn't previously been accounted for. From there, a bizarre series of events unfolded.

First, Chabot's longtime consultant, Jamie Schwartz, allegedly disappeared after he shuttered his firm, called the Fountain Square Group. Then Schwartz's father, Jim Schwartz, told reporters that despite appearing as Chabot's treasurer on his FEC filings for many years, he had in fact never served in that capacity. Chabot's team was certainly bewildered, because it issued a statement saying, "As far as the campaign was aware, James Schwartz, Sr. has been the treasurer since 2011." Evidently there's a whole lot the campaign wasn't aware of.

The elder Schwartz also claimed of his son, "I couldn't tell you where he's at" because "he's doing a lot of running around right now." Well, apparently, he'd run right into the arms of the feds. In December, local news station Fox19 reported that Jamie Schwartz had turned himself in to the U.S. Attorney's office, which, Fox19 said, has been investigating the matter "for a while."

Adding to the weirdness, it turned out that Chabot had paid Schwartz's now-defunct consultancy $57,000 in July and August of 2019 for "unknown" purposes. Yes, that's literally the word Chabot's third-quarter FEC report used to describe payments to the Fountain Square Group no fewer than five times. (Remember how we were saying the campaign seems to miss quite a bit?)

We still don't know what those payments were for, or what the deal was with the original $124,000 in mystery money that triggered this whole saga. Chabot himself has refused to offer any details, insisting only that he's been the victim of an unspecified "financial crime."

There haven't been any public developments since December, though. The Cincinnati Inquirer's Jason Williams contacted Schwartz's attorney last week to ask if Schwartz had been informed of any updates, and the reporter was only told, "No, not yet." Unless something big changes in the next few months, though, expect Democrats to keep pounding Chabot over this story.

● OK-05: State Sen. Stephanie Bice is going up with a negative commercial against businesswoman Terry Neese just ahead of next week's Republican primary runoff. The winner will face Democratic Rep. Kendra Horn in what will be a competitive contest for this Oklahoma City seat.

Bice accuses Neese of running "the same fake news smears she always sinks to." Bice continues by alluding to Neese's unsuccessful 1990 and 1994 campaigns for lieutenant governor by declaring that in her 30 years of running for office Neese has been "mastering the art of dirty politics but never beating a single Democrat." (Neese badly lost the general election in 1990 but fell short in the primary runoff four years later, so she's only had one opportunity up until now to beat a Democrat.) Bice then sums up Neese by saying, "Appointed by Clinton. Terrible on gun rights. Neese won't take on the Squad, because she can't beat Kendra Horn."

Neese outpaced Bice 36-25 in the first round of voting back in late June, and Neese' allies have a big financial advantage going into the runoff. While Bice did outspend Neese $290,000 to $210,000 from July 1 to Aug. 5 (the time the FEC designates as the pre-runoff period), the Club for Growth has deployed $535,000 on anti-Bice ads this month. So far, no major outside groups have spent to aid Bice.

● SC-01: The NRCC has started airing its first independent expenditure ad of the November general election, a spot that seeks to attack freshman Democratic Rep. Joe Cunningham on the issue that powered his upset victory in 2018: offshore drilling. The ad tries to question Cunningham's commitment to opposing such drilling in a move straight from Karl Rove’s dusty playbook, but given how closely his image is tied to the cause—he defeated his Republican opponent two years ago, Katie Arrington, in large part because of her support for offshore oil extraction—it's a tough sell.

And while Nancy Mace, his Republican challenger this year, might welcome the committee's involvement, the move doesn't come from a position of strength. In fact, the NRCC's own ad seems to acknowledge this at the outset, with a narrator saying, "Your TV is full of Joe Cunningham" as three images from prior Cunningham spots pop up on the screen. It's not wrong: The congressman has been advertising on television since the first week in July, and he recently released his fifth ad.

Cunningham's been able to blanket the airwaves because of the huge financial advantage he's locked in. Mace raised a prodigious $733,000 in the second quarter of the year, but Cunningham managed to beat even that take with an $845,000 haul of his own. It's the campaigns' respective bank accounts that differ dramatically, though: Cunningham had $3.1 million in cash-on-hand as of June 30 while Mace, after a costly primary, had just $743,000.

As a result, she hasn't gone on the air yet herself, which explains why the NRCC has moved in early to fill in the gap. Interestingly, the committee didn't bother to mention that this is its first independent expenditure foray of the 2020 elections in its own press release, whereas the DCCC loudly trumpeted the opening of its own independent expenditure campaign in New York's 24th Congressional District a month ago.

● TX-21: Both Democrat Wendy Davis and the far-right Club for Growth are running their first commercials here.

Davis talks about her life story, telling the audience, "[M]y parents divorced when I was 13. I got a job at 14 to help mom. And at 19, I became a mom." Davis continues by describing her experience living in a trailer park and working two jobs before community college led her to Texas Christian University and Harvard Law. She then says, "As a state senator, I put Texas over party because everyone deserves a fair shot."

The Club, which backs Republican Rep. Chip Roy, meanwhile tells the Texas Tribune's Patrick Svitek that it is spending $482,000 on its first ad against Davis. The group has $2.5 million reserved here to aid Roy, who ended June badly trailing the Democrat in cash-on-hand, and it says it will throw down more.

The Club's spot declares that Davis is a career politician who got "busted for using campaign funds for personal expenses," including an apartment in Austin. However, while the narrator makes it sound like Davis was caught breaking the rules, Svitek writes, "Members are allowed to use donors' dollars to pay for such accommodations—and it is not uncommon."

This topic also came up during Davis' 2014 campaign for governor. The campaign said at the time that legislative staffers also stayed at the apartment, and that Davis followed all the state's disclosure laws.

● Polls:

  • AZ-06: GQR (D) for Hiral Tipirneni: Hiral Tipirneni (D): 48, David Schweikert (R-inc): 45 (50-48 Biden)
  • MT-AL: WPA Intelligence (R) for Club for Growth (pro-Rosendale): Matt Rosendale (R): 51, Kathleen Williams (D): 45
  • NJ-02: RMG Research for U.S. Term Limits: Jeff Van Drew (R-inc): 42, Amy Kennedy (D): 39
  • NY-01: Global Strategy Group (D) for Nancy Goroff: Lee Zeldin (R-inc): 47, Nancy Goroff (D): 42 (46-42 Trump)
  • WA-03: RMG Research for U.S. Term Limits: Jaime Herrera Beutler (R-inc): 44, Carolyn Long (D): 40

The only other numbers we've seen from Arizona's 6th District was an early August poll from the DCCC that had Republican Rep. David Schweikert up 46-44 but found Joe Biden ahead 48-44 in this Scottsdale and North Phoenix constituency; Donald Trump carried this seat 52-42 four years ago, but like many other well-educated suburban districts, it's been moving to the left in recent years.

The Club for Growth's new Montana survey comes a few weeks after two Democratic pollsters found a closer race: In mid-July, Public Policy Polling's survey for election enthusiasts on Twitter showed a 44-44 tie, while a Civiqs poll for Daily Kos had Republican Matt Rosendale ahead 49-47 a few days later. PPP and Civiqs found Donald Trump ahead 51-42 and 49-45, respectively, while the Club once again did not include presidential numbers.

U.S. Term Limits has been releasing House polls at a rapid pace over the last few weeks, and once again, they argue that Democrats would easily win if they would just highlight the Republican incumbents' opposition to term limits; as far as we know, no Democratic candidates have tested this theory out yet. These surveys also did not include presidential numbers.

The only other poll we've seen out of New York's 1st District on eastern Long Island was a July PPP internal for Democrat Nancy Goroff's allies at 314 Action Fund. That survey gave Republican Rep. Lee Zeldin a 47-40 lead, which is slightly larger than what her poll finds now, though it showed the presidential race tied 47-47. This seat has long been swing territory, though it backed Trump by a 55-42 margin in 2016.

Mayoral

● Honolulu, HI Mayor: Former Rep. Colleen Hanabusa, who finished a close third in the Aug. 8 nonpartisan primary, announced Monday that she was endorsing independent Rick Blangiardi over fellow Democrat Keith Amemiya. Blangiardi took 26% in the first round of voting, while Amemiya beat Hanabusa 20-18 for second.

ELECTION CHANGES

● Minnesota: Republicans have dropped their challenge to an agreement between Democratic Secretary of State Steve Simon and voting rights advocates under which Minnesota will waive its requirement that mail voters have their ballots witnessed and will also require that officials count any ballots postmarked by Election Day and received within a week.

In dismissing their own claims, Republicans said they would "waive the right to challenge [the agreement] in any other judicial forum." That likely moots a separate federal case in which Republicans were challenging a similar agreement that a judge had refused to sign off on.

● North Dakota: An organization representing county election officials in North Dakota says that local administrators are moving forward with plans to conduct the November general election in-person, rather than once again moving to an all-mail format, as they did for the state's June primary.

● South Carolina: Republican Harvey Peeler, the president of South Carolina's state Senate, has called his chamber in for a special session so that lawmakers can consider measures to expand mail voting. Legislators passed a bill waiving the state's excuse requirement to vote absentee ahead of South Carolina's June primary, and Peeler says, "I am hopeful we can do it again."

However, Republican House Speaker Jay Lucas is refusing to convene a special session for his members, who are not due to return to the capitol until Sept. 15. That would give the state significantly less time to prepare for a likely influx of absentee ballot requests should the legislature once again relax the excuse requirement.

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