Morning Digest: This race could give Texas Democrats their first statewide win in 26 years

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.

Leading Off

TX Railroad Commission: As Lone Star Democrats seek their first statewide victory in more than a quarter century, their best hope may be Chrysta Castañeda, who's running for a spot on an agency many people haven't heard of: the Texas Railroad Commission.

Campaign Action

Despite the name, the commission doesn't actually oversee trains, but it does have jurisdiction over something even more important in Texas: the state's energy industry (oversight of the rails was handed to the state's Department of Transportation in 2005). The panel, often known as the "RRC," is made up of three members, each elected statewide for six-year terms.

The last time a Democrat won a seat on the board was in 1990, when former Rep. Bob Krueger beat a Republican opponent by 56-40 margin. Krueger wound up resigning to accept an appointment to the U.S. Senate when Lloyd Bentsen became Bill Clinton's Treasury secretary, and Republicans comfortably beat his appointed successor in 1994.

Ever since, the GOP has held all three seats, but Republicans were already preparing for a serious battle this year—which, ironically, might have made their situation even worse. Republican Ryan Sitton, who first won a slot on the RRC in 2014, had stockpiled $2 million in his war chest for the general election, but in March, he lost his primary in an absolute shocker to an unknown named Jim Wright, the owner of an oilfield waste disposal company who had raised less than $13,000.

The 55-45 loss was so inexplicable that some political observers wondered if Wright benefited from sharing a name with the one-time speaker of the House who hailed from Fort Worth, the late Democrat Jim Wright, who died in 2015. It's not such a crazy theory: Perennial candidate Gene Kelly won multiple Texas primaries in the previous decade because voters had him confused with the beloved dancer.

Whatever the explanation, though, Wright's victory has left Republicans with a suddenly open seat and a badly flawed candidate. The RRC—the very body that Wright wants to join—fined him $182,000 for improper storage of hazardous waste in 2017, and he's been sued by his former business partners for fraud stemming from the mess.

Castañeda, an oil and gas attorney, took aim at Wright for his record in her first ad of the race, which went up last month, but the main topic she's focusing on is the issue of "flaring." That refers to the practice of oil producers burning off unwanted natural gas from their wells rather than capturing it for later use, a process that is both environmentally harmful and economically wasteful.

It's also against the law—unless a driller is granted a special permit, of which 7,000 were handed out last year. As Castañeda notes, such permits can only be granted if all three members of the commission agree, meaning she could single-handedly put an end to flaring even if Republicans still hold a nominal 2-1 majority on the board next year.

With this backdrop, The New Republic recently called this race "this year’s most important election for American climate policy." It could also finally put an end to the longest statewide losing streak for Democrats anywhere in the nation, as Texas last voted Democratic for any statewide race in 1994.

3Q Fundraising

IA-Sen: Theresa Greenfield (D): $28.7 million raised

WV-Gov: Jim Justice (R-inc): $890,000 raised, $263,000 cash-on-hand; Ben Salango (D): $564,000 raised, $153,000 cash-on-hand

CA-25: Mike Garcia (R-inc): $3.2 million raised, $2 million cash-on-hand

CA-48: Michelle Steel (R): $1.8 million raised

MN-03: Kendall Qualls (R): $873,000 raised, $538,000 cash-on-hand

MN-08: Quinn Nystrom (D): $650,000 raised

NH-01: Chris Pappas (D-inc): $700,000 raised, $1.35 million cash-on-hand

NY-02: Andrew Garbarino (R): $771,000 raised

TX-10: Michael McCaul (R-inc): $870,000 raised, $1.1 million cash-on-hand

Senate

GA-Sen-A: A pro-Republican group called Georgia Action Fund says it is spending $5 million on digital ads supposedly aimed at swaying undecided voters in the race between Republican Sen. David Perdue and Democrat Jon Ossoff.

LA-Sen: Democrat Adrian Perkins narrates much of his first TV ad, which focuses on his biography, including his graduation from West Point and his service in Afghanistan and Iraq that resulted in an award of the Bronze Star. A voiceover notes that after he fought overseas, "Harvard Law and big job offers came." But, says Perkins, "I chose to come home. To serve my community. Now I'm taking our mission to Washington to get things done for you."

At the end, text appears on-screen noting that Perkins has been endorsed by Gov. John Bel Edwards and Barack Obama, an effort to consolidate Democratic voters to ensure Perkins makes a December runoff against Republican Sen. Bill Cassidy.

NC-Sen: Republican Sen. Thom Tillis' new ad, unsurprisingly, goes after Democrat Cal Cunningham over the intimate text messages he shared with a woman who is not his wife. The spot mostly features clips of newscasters discussing various angles to the story, and during the "I approve this message" segment—not a section we discuss often—Tillis is shown hand-in-hand with his wife. Tillis' allies at the Senate Leadership Fund also recently went up with a similar ad.

Meanwhile, Politico reports that the DSCC is adding $3 million to their existing TV ad reservations for the last two weeks of the race.

Polls: If you click each race tag below, such as "MT-Sen," you'll be taken to the Daily Kos Elections poll aggregator for that race, which displays a trendline for all available public polls and the current polling average.

  • MT-Sen: Data for Progress (D) for Crooked Media and Indivisible: Steve Bullock (D): 48, Steve Daines (R-inc): 46 (49-43 Trump)
  • NC-Sen: Data for Progress (D) for Crooked Media and Indivisible: Cal Cunningham (D): 50, Thom Tillis (R-inc): 39 (51-44 Biden) (Aug.: 49-41 Cunningham)
  • SC-Sen: GBAO (D) for the DSCC: Jaime Harrison (D): 48, Lindsey Graham: (R-inc): 47, Bill Bledsoe (C): 3 (49-44 Trump)
  • TX-Sen: Crosswind Media (R) and Pulse Opinion Research: John Cornyn (R-inc): 48, MJ Hegar (D): 39 (51-44 Trump)
  • TX-Sen: Data for Progress (D) for Crooked Media and Indivisible: Cornyn (R-inc): 45, Hegar (D): 42 (47-45 Biden) (Sept.: 40-38 Cornyn)

MT-Sen: While there hasn't been a ton of polling in Montana—and what we have seen has almost all been very tight—Data for Progress' survey is the first to show Steve Bullock with a lead since an early July poll from PPP that had Bullock ahead 46-44.

NC-Sen: A number of polls taken since Labor Day have shown Cal Cunningham up by double digits, but what's notable about about this Data for Progress poll is that it was in the field from Weds, Sept. 30 through Monday, Oct. 5. That means half of it was conducted after news about Cunningham's affair broke on Friday night, Oct. 2.

SC-Sen: The DSCC's poll included Constitution Party candidate Bill Bledsoe, who dropped out of the race and endorsed Lindsey Graham a few days after the survey concluded. However, Bledsoe's name will still appear on ballots.

Gubernatorial

NC-Gov: Dan Forest is just the latest Republican trying to scare voters with ads showing footage of unrest, even starting his latest spot by saying, "Seems like the only people you see in downtown Asheville these days are rioters." Seems like he should try harder: According multiple local office-holders, including Asheville Mayor Esther Manheimer, Forest's clips don't show the city at all but instead were shot in other locales. When asked for comment, the Forest campaign didn't dispute the charge.

Polls:

  • WV-Gov: Strategies Unlimited (D) for WV First: Jim Justice (R-inc): 46, Ben Salango (D): 40, Daniel Lutz Jr. (Mountain Party): 5

This is the closest poll of the three we've seen to date in this race. According to the Parkersburg News and Sentinel, WV First is a group opposing Jim Justice's re-election bid, though it does not appear to have any presence the web. The same is true of the pollster, Strategies Unlimited.

House

IN-05: Indiana schools chief Jennifer McCormick has once again stuck her thumb in the eye of her own party by endorsing another Democrat, Christina Hale, who is seeking to flip the open 5th Congressional District. Though elected superintendent of public instruction as a Republican in 2016, McCormick has regularly feuded with the GOP and previously backed Democrat Woody Myers in his bid to unseat Republican Gov. Eric Holcomb, as well as Democrat Jonathan Weinzapfel, who is running for state attorney general. McCormick is not seeking re-election this year after Republicans turned her position into an appointed one starting after 2020.

MI-08: Democratic Rep. Elissa Slotkin's latest ad features footage from a recent debate that went viral after she shredded her Republican opponent, Paul Junge, on healthcare. Junge had sought to make an issue of a lapse in insurance coverage that befell Slotkin's mother, blaming "undue burdens and regulations." Slotkin's scathing response occupies the bulk of the ad:

"Please don't speak about my mother as if you understand what made her health care unaffordable to her. And I think it's crazy that every time we ask you specific details about the thing that really helps people know that they're going to be protected—their kids are going to be protected—you deflect and start attacking me. And raising my mother? Come on, Paul."

NE-02: Former Democratic Rep. Brad Ashford has endorsed vulnerable Republican Rep. Don Bacon, who narrowly booted him after one term in the House in 2016. Ashford sought to reclaim his seat in 2018 but lost a tight the Democratic primary that year to nonprofit executive Kara Eastman, who herself lost a close contest with Bacon later that year—a race in which Ashford supported her.

Eastman sought the Democratic nomination again this year and this time handily defeated Ashford's wife, attorney Ann Ferlic Ashford. Ann Ashford angrily refused to endorse Eastman following the May primary, citing comments Eastman had made blaming Ashford's campaign-trail criticisms of her on "bad blood" stemming from her defeat of Ashford's husband two years earlier.

Bacon's past statements about Brad Ashford, however, have been far harsher. Among other things, Bacon accused Ashford of being soft on the Islamic State during their 2016 race, claiming in an ad, "If Brad Ashford doesn't know ISIS is targeting Nebraska, how can we trust him to keep us safe?"

VA-02: Democratic Rep. Elaine Luria's newest ad stars a COVID survivor named Fred Herrmann who excoriates Republican Scott Taylor for hosting a campaign event over the summer where attendees were maskless and greeted each other—including Taylor—with intimate hugs. Footage of the disturbing gathering rolls as Herrmann pours out his criticism. "Scott Taylor even compared coronavirus to the flu. It's not the flu," he says. "Mr. Taylor, I couldn't see my family while I thought I was going to die, because this virus is dangerous—and sending you back to Congress would be, too."

Polls:

CA-25: Smith's memo didn't include exact figures for the presidential race, but it did say that Joe Biden "is currently beating Trump by 4 points." That would represent the rare district-level poll where Biden's margin is narrower than Hillary Clinton's was in 2016 (she carried the 25th 50-44).

NY-22: Believe it or not, Siena's poll is the very first we've seen of this race, and the findings are a serious whoa-mama-joe moment for the GOP, particularly as regards the presidential race. Upstate New York's 22nd District was one of those rural white areas where the bottom really fell out for Democrats in 2016: While Barack Obama had lost to Mitt Romney by less than a point here, Trump crushed Clinton 55-39.

There's good reason to believe Siena, too. In 2016, the school's polling accurately forecast the district's big shift to Trump, both in late September and just before Election Day, when it had Trump up 14. If Republicans can't beat Brindisi, who exactly can they beat?

Mayoral

Miami-Dade County, FL Mayor: The Democratic firm Bendixen & Amandi International's new poll for the Miami Herald gives Democrat Daniella Levine Cava a 45-35 lead over Republican Steve Bovo in next month's officially nonpartisan race, which is an improvement from the 39-32 edge it found last month. Levine Cava also released a Change Research survey in late September that showed her up 45-32, while Bovo's side has yet to publicize its own numbers.

Levine Cava would be the first Democrat to serve as the chief executive of Florida's largest county since Alex Penelas left office in 2004. Penelas himself waged a comeback campaign this year, but he took third in August's nonpartisan primary.

New York City, NY Mayor: Civil rights attorney Maya Wiley, a former counsel to term-limited Mayor Bill de Blasio, entered next year's Democratic primary to succeed her old boss on Thursday. Wiley, who is Black, would be the first woman mayor in the city's history. In her kickoff, she took several jabs at the unpopular incumbent. "If I am mayor, you will never have to wonder who's in charge," she said. "You will never have to question ... whether the mayor even wants the job." She also ridiculed de Blasio's hapless presidential bid, saying, "You will never have to wonder whether I'm in Iowa."

Ad Roundup

Morning Digest: Ever heard of a ‘top-four’ primary? It could be coming to a state near you soon

Leading Off

Election Reforms: This November, as many as five states will vote on ballot measures that could dramatically change how their elections are conducted.

In Florida, voters will decide whether to institute a top-two primary system, while Massachusetts could implement instant-runoff voting. Alaska, meanwhile, could become the first state in the nation to adopt a "top-four" voting system, which, as we'll explain, is something of a hybrid between top-two and instant-runoff.

Top-four ballot measures have also been certified for the ballot in Arkansas and North Dakota. However, there's still ongoing litigation in each state that could impact whether or not these referendums would take effect if they won.

Campaign Action

We'll start with a look at the Florida top-two ballot initiative, Amendment 3, which needs to win at least 60% of the vote in order to pass. If this measure takes effect, starting in January of 2024, all the candidates in races for governor; the other three state cabinet offices (attorney general, chief financial officer, and commissioner of agriculture); and for the state legislature would each compete on one primary ballot rather than in separate party primaries.

The two contenders with the most votes, regardless of party, would then advance to the general election. Candidates would not be able to avert the general election by taking a majority of the vote in the primary. Amendment 3 would not apply to federal elections such as the presidential or congressional contests due to limitations on the scope of any single initiative.

California and Washington already use the top-two primary (Louisiana also uses a similar all-party primary system that does allow candidates to avoid a second round of voting if they win a majority), and as we've written before, it's notorious for producing outcomes that don't reflect the desires of the electorate. One chief reason why: A party can win a majority of votes cast in the primary, yet get shut out of the general election simply because it fields a large number of candidates while the minority party only puts forth a few, or even just two.

Furthermore, primary electorates often feature very different demographic compositions than higher-turnout general elections, producing greater partisan and racial dissonance between the two rounds. These distortions have seen one party or the other get shut out of general elections in recent years in California and Washington, including in contests they likely would have won if the parties had gotten to nominate candidates through traditional primaries.

Indeed, if the top-two had been in place in 2018 when both parties had competitive primaries for governor, Democrats would have been locked out of the general election. That year, Republican Ron DeSantis would have taken first place with 29%, while fellow Republican Adam Putnam would have beaten Democrat Andrew Gillum 19-17 for second, even though Republicans outvoted Democrats just 51-49.

The only poll we've seen all year of Amendment 3 was a late May survey from St. Pete Polls, which found the "no" side ahead 44-35. However, Amendment 3's backers have received at least $6.2 million from conservative billionaire Mike Fernandez, who has been leading the effort to get the top-two implemented, which gives the campaign the resources to put up a serious fight.

Over in Massachusetts, meanwhile, supporters of instant-runoff voting (also known as ranked-choice voting), are trying to pass Question 2 this November. If Question 2 receives a majority of the vote, then starting in 2022, instant-runoff would be used in both primaries and general elections for governor and other statewide offices; U.S. Senate and House seats; the state legislature; and countywide posts such as district attorney and sheriff. The measure would not impact presidential elections or races for city and town offices.

The only poll we've seen this year was an early August survey from MassINC that showed voters deadlocked 36-36 on whether to adopt Question 2. If the measure passes, then Massachusetts would become the second state after Maine to use this method to decide many of its elections.

Finally, voters in Alaska, Arkansas, and North Dakota each will have the opportunity to become the first states to adopt a top-four primary. This system would require all the candidates to face off on one primary ballot, and the top four vote-getters would advance. In the general election, voters would then be able to rank their choices using instant-runoff voting. Each of these referendums only needs to win a majority of the vote to pass, but there are some key differences between them.

While each would apply to all congressional, legislative, and statewide races, only Alaska's Measure 2 would also institute instant-runoff voting for the presidential contest. North Dakota's Measure 3, meanwhile, would additionally remove the legislature's unfettered control over legislative redistricting and put it in the hands of a bipartisan commission.

North Dakota's top-four law would also take effect 30 days after approval, Arkansas' would start Jan. 1, 2021, and Alaska's measure would begin in 2022. The only poll we've seen from any of these three states was a mid-July survey from the Arkansas League of Women Voters, which supports the top-four measure, from Mercury Analytics that showed respondents agreeing by a 60-28 margin that they support "[a]llow[ing] voters to rank their top four candidates when voting in the general election so voters can have more say in their second choice candidate."

Senate

MA-Sen: The Sept. 1 Democratic primary has become particularly heated on the airwaves in recent days.

Sen. Ed Markey is running a commercial accusing Rep. Joe Kennedy of running a desperate campaign, while a spot from Kennedy's allies at New Leadership PAC features audio from the congressman's recent speech declaring that Markey was questioning his family's integrity. The ads come at a time when Markey has been trying to use Kennedy's membership in what is arguably America's most prominent political family (the congressman is the grandson of Robert F. Kennedy) against him.

In an Aug. 11 debate, Markey took aim at New Leadership PAC, which Kennedy's twin brother and other relatives have been raising money for. Markey also brought up speculation that the congressman's father and namesake, former Rep. Joe Kennedy II, could fund the PAC with the $2.8 million in campaign funds he still has available almost 22 years since he left Congress. "Tell your father and tell your twin brother you don't want any money to be spent on negative ads," Markey said in a clip that generated plenty of attention and quickly made it into the senator's digital advertising.

Markey also generated headlines with an online commercial that didn't mention Kennedy or his family directly, but concluded with the senator putting his own spin on the famous 1961 inaugural address delivered by the congressman's great uncle. "With all due respect," Markey said, "it's time to start asking what your country can do for you."

On Monday, Kennedy responded with the speech that was used in New Leadership PAC's new commercial. Kennedy declares, "I'm here today to talk about my family, because Sen. Markey is questioning their integrity, weaponizing their history." The congressman goes on to talk about his grandfather's record as U.S. attorney general during the civil rights era before saying he understands that "a legacy is earned." Kennedy continues by describing his own work in Congress and declares, "We deserve a senator who will not stand by."

Kennedy's campaign is also running a commercial where the narrator says he "knows how a legacy is earned." The spot goes on to show footage of RFK and the congressman's two legendary great uncles, JFK and Ted Kennedy, and says that for the younger Kennedy, battles for racial justice and healthcare for all are "a fight in his blood."

Markey's campaign, meanwhile, is airing their own commercial that contrasts the senator with Kennedy. After decrying how Kennedy is attacking the incumbent, the narrator quotes from the Boston Globe's Markey endorsement. The narrator reads how the senator has "been ahead of the curve championing progressive causes," while Kennedy "lacks the chops and track record Markey brings."

Markey's allies at United for Massachusetts are also up with a spot that also quotes the Globe endorsement, though it doesn't mention Kennedy. The ad extols Markey as "a progressive champion with chops" who has been "achieving real results on healthcare and the environment." The commercial also features images of Markey with two of his most prominent supporters, fellow Sen. Elizabeth Warren and New York Rep. Alexandria Ocasio-Cortez.

This has been a very expensive contest. From July 1 to Aug. 12 (the time the FEC defines as the pre-primary period), Markey outraised Kennedy $1.4 million to $930,000, while Kennedy outspent the incumbent $4.3 million to $2.8 million during this time. Markey had a $3.5 million to $1.4 million cash-on-hand edge for the homestretch.

NH-Sen: Saint Anselm College's new poll of the Sept. 8 GOP primary finds wealthy attorney Corky Messner, who is Donald Trump's endorsed candidate, with a 31-29 edge over retired Army Brig. Gen. Donald Bolduc. A late June Remington Research poll for Bolduc had Messner up 17-8, while a mid-July Tarrance Group internal for Messner had him ahead 39-27. The winner will be the underdog against Democratic Sen. Jeanne Shaheen.

Gubernatorial

MT-Gov: Campaign finance reports are in covering June 15 to Aug. 15. Democrat Mike Cooney outraised Greg Gianforte $725,000 to $582,000, while the wealthy Republican threw down an additional $1 million of his own money. Gainforte outspent Cooney by a lopsided $1.7 million to $209,000 during this time, though it was Cooney who ended the period with $670,000 to $330,000 a cash-on-hand lead. However, Gianforte likely can afford to do much more self-funding over the next few months.

NH-Gov: Saint Anselm College has released the first poll we've seen of the Sept. 8 Democratic primary, and it gives state Senate Majority Leader Dan Feltes a narrow 22-19 lead over Executive Councilor Andru Volinsky; an additional 13% say they'd back "someone else," though there aren't any other candidates on the ballot.

Feltes, meanwhile is using his second TV spot to go right after Republican Gov. Chris Sununu over his handling of school reopenings. Feltes appears with his wife and young children and says, "As parents, we just want to know our kids will be safe. That's why it's so distressing that Chris Sununu refuses to even put forward a plan." Feltes continues, "He says nobody has to wear masks. There are no clear guidelines. Teachers are afraid. Why shouldn't they be?"

House

CA-08: The general election for this open 55-40 Trump seat hasn't generated much attention, but Democrat Chris Bubser has released a poll from Global Strategy Group to try to change that. The survey gives Republican Assemblyman Jay Obernolte a 48-38 lead, which Bubser, who is a first-time candidate, argues will dramatically narrow once she gets her name out. The sample also finds Donald Trump ahead only ahead 49-44 in this seat, which contains northern San Bernardino County and the geographically vast, but sparsely populated, High Desert to the north.

Bubser ended June with a small $325,000 to $300,000 cash-on-hand edge over Obernolte, but she'll need much more to effectively communicate her message: Almost all of this seat is located in the Los Angeles media market, where it costs quite a lot of money to air TV commercials.

FL-18: Immediately after Pam Keith decisively won the Democratic primary for Florida's 18th Congressional District, Republican Rep. Brian Mast launched a $150,000 TV buy against her. The commercial, like so many Republican ads we've seen this cycle, ties Keith to Vermont Sen. Bernie Sanders, New York Rep. Alexandria Ocasio Cortez, and Minnesota Rep. Ilhan Omar.

The narrator alternates between praising Mast's record and portraying Keith as an extremist, declaring at one point that the Democrat "called all Republicans 'traitors,' 'racist,' 'stupid,' and 'white supremacists.'" Parts of Keith tweets going after Donald Trump and his allies fill the screen, including an October 2019 message written during the House's impeachment inquiry into Trump where she asked, "I wonder if the GOP realizes that an entire generation of Americans is growing up knowing no other version of Republicans than the racist, white supremacist, bigoted, woman-hating, anti-science, delusional, gun-worshiping, treasonous greed-mongers currently on display."

Mast held a huge $1.8 million to $100,000 cash-on-hand lead over Keith on July 29, and he's likely going negative now to weaken her before she can effectively respond. Still, it's a bit surprising that Mast feels he needs to do this, since he's looked safe for a long time.

This seat, which includes the Palm Beach area and the Treasure Coast to the north, moved from 51-48 Romney to 53-44 Trump, and it remained tough turf last cycle. Mast won re-election 54-46 against a well-funded opponent, and according to analyst Matthew Isbell, both Republicans Rick Scott and Ron DeSantis carried it 52-47 as they were narrowly winning the U.S. Senate and gubernatorial contests statewide.

Still, this district could be worth watching this fall, especially if 2020 turns out to be a better year for Florida Democrats than 2018 did, which may be why Mast has decided he needs to take action now.

GA-07: The Atlanta Journal-Constitution reports that the far-right Club for Growth has booked $900,000 on TV to attack Democrat Carolyn Bourdeaux, though there's no copy of the spot yet. The Club is backing Republican Rich McCormick, who badly trailed Bourdeaux $760,000 to $106,000 in cash-on-hand at the end of June.

MA-01: Democratic Majority for Israel recently launched a $100,000 ad buy against Holyoke Mayor Alex Morse ahead of the Sept. 1 Democratic primary, and their newly released commercial attacks him over the condition of the local school system. American Working Families, a PAC supported by labor, also began airing commercials earlier this month going after Morse on this.

DMFI's new campaign is the latest in what has become a very expensive intra-party battle for this safely blue western Massachusetts seat. OpenSecrets reports that, as of Friday, outside groups supporting Rep. Richie Neal have spent a total of $1.3 million, while organizations like the Justice Democrats and Fight Corporate Monopolies have dropped $995,000 to oppose the incumbent.

Neal's campaign also maintains a huge financial edge over Morse, though the challenger has been bringing in a credible amount of money. Morse outraised Neal $470,000 to $360,000 during the pre-primary period, while the incumbent outspent him by a $1.8 million to $490,000 margin during this time. Neal held a $2.8 million to $295,000 cash-on-hand edge for the final weeks of the race.

MA-04: Newton City Councilor Jake Auchincloss uses his new commercial for the Sept. 1 Democratic primary to contrast his time in the Marines, where he says leadership was "on you," with Donald Trump's refusal to take responsibility for his many failures.

NY-01: In the previous Digest, we wrote that an internal poll for Democrat Nancy Goroff found Donald Trump leading Joe Biden 46-42 in New York's 1st Congressional District. However, those numbers were transposed by the outlet that originally reported the poll. Goroff's poll, conducted by Global Strategy Group, in fact found Biden ahead 46-42.

Ads: The conservative Congressional Leadership Fund is spending $2.5 million on August advertising in seven Democratic-held seats that Donald Trump carried in 2016. Politico provides a breakdown:

  • ME-02 (Jared Golden): $200,000
  • NM-02 (Xochitl Torres Small): $500,000
  • NY-11 (Max Rose): $260,000
  • NY-22 (Anthony Brindisi): $650,000
  • OK-05 (Kendra Horn): $500,000
  • SC-01 (Joe Cunningham): $200,000
  • VA-07: (Abigail Spanberger): $200,000

It is not clear if these buys come from CLF's existing reservations in these seats, or if it's new money. The only spot that is available right now is the group's ad against Horn, which ties her to Speaker Nancy Pelosi, New York Rep. Alexandria Ocasio Cortez, and Minnesota Rep. Ilhan Omar.

Other Races

PA-AG: Josh Shapiro, a rising star in Pennsylvania Democratic politics, won his bid for attorney general 51-49 in 2016 as Donald Trump was carrying Pennsylvania 48-47, but Republicans are hoping to unseat him this fall and regain a seat they'd previously held for decades. Shapiro is only the second Democrat to win this post since it became an elected office in 1980: The first was Kathleen Kane, who decisively won in 2012 but resigned in disgrace in 2016.

Republican nominee Heather Heidelbaugh recently launched what her campaign says is a $200,000 opening ad campaign. Heidelbaugh doesn't mention Shapiro directly in her spot as she talks about her tough upbringing, but her pledge to "serve my full term" was very much a dig at the incumbent, whom politicos widely expect to run for governor in 2022. Indeed, when Democratic Gov. Tom Wolf, who will be termed-out, was asked last year about the contest to succeed him, he pointed at Shapiro and said, "That's my guy right there."

Shapiro held a massive $4.1 million to $210,000 cash-on-hand lead over Heidelbaugh on June 22, but the Philadelphia Inquirer reports that a group called Commonwealth Leaders Fund has booked a total $435,000 to help the Republican. The PAC, which the paper says has already spent $144,000, has been running commercials that ditch Heidelbaugh's subtlety and tear into Shapiro as "a career politician already looking to run for governor."

Shapiro responded in mid-August with what the Inquirer writes is his first TV spot. The ad says Shapiro is being attacked by dishonest commercials "paid for by people backing the insurance companies' candidate, hack lawyer Heather Heidelbaugh." The narrator goes on to praise the incumbent's service as attorney general, including his high-profile role in "holding Catholic Church officials accountable for covering up sexual abuse."

Ad Roundup

Morning Digest: Ardent Trump ally will reportedly challenge GOP senator in Georgia special election

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.

Leading Off

GA-Sen-B: On Monday evening, multiple media outlets reported that Georgia Rep. Doug Collins would challenge appointed Sen. Kelly Loeffler, a fellow Republican, in this year’s special election, a move that would complicate GOP hopes of holding this key seat.

Collins himself has not publicly said anything about his plans, but the Atlanta Journal-Constitution reports that his launch is expected “soon.” (The New York Times said it would happen Tuesday, but that did not come to pass.) Collins is currently serving as one of Donald Trump’s designated surrogates during his impeachment trial, and the AJC writes that the congressman hopes to have Trump’s inner circle behind him.

Campaign Action

If Collins goes ahead with his bid, that would almost certainly crush GOP hopes of winning outright in November, at least under the state’s current election law. That's because all candidates from all parties will run together on a single ballot, and if no one takes a majority, a runoff between the top two vote-getters—regardless of party—would be held in January of next year.

However, neither Democrats nor Collins’ GOP allies in the state legislature are keen on this unusual law, and they’re currently working to change it. On Tuesday, the House Governmental Affairs Committee overwhelmingly advanced a bill (with a lone Republican voting “nay”) that would require a partisan primary in May and a general election in November, which are the same rules that govern the state’s regularly-scheduled Senate race.

However, Republican Gov. Brian Kemp, who appointed Loeffler over Collins despite Trump’s wishes, likes the status quo just fine. He’s said he’ll veto this legislation if it makes it to his desk, though if Democrats and Republicans unite behind the bill, they could overturn a Kemp veto with a two-thirds supermajority.

It’s not hard to see why Loeffler and her supporters don’t want to alter Georgia’s electoral calendar. A survey from the Democratic firm PPP taken just after Loeffler was selected in December showed Collins destroying her 56-16 in a hypothetical GOP primary. Collins’ bonafides with the Trumpist base would be hard to overcome if the primary took place less than four months from now, but Loeffler could benefit from an additional half year of incumbency, as well as the extra time to air ads.

It’s not just the far-right that would benefit from this proposed change—Democrats likely would, too. Right now, Team Blue’s only declared candidate is businessman Matt Lieberman, but former U.S. Attorney Ed Tarver recently said that he planned to run while the Rev. Raphael Warnock is also reportedly going to get in soon. If all three Democrats wind up competing in an all-party primary in November, it will almost certainly be impossible for any of them to secure a majority. The prospect of a multi-way split on the left could also lead to the nightmare scenario of both Loeffler and Collins advancing to what would be an all-GOP runoff.

Thanks to her vast wealth, though, Loeffler doesn’t have to wait to see how things shake out to start upping her name recognition. She’s already up with a new TV spot that’s part of her opening $2.6 million buy that portrays her as (of course) a political outsider. The senator has reportedly pledged to spend $20 million of her own money, so Georgians will see a lot more from her no matter what Collins ends up doing.

Loeffler may also get some air support from outside groups. The U.S. Chamber of Commerce has endorsed the incumbent, as has the NRSC, though Senate Republicans may prefer to focus their attention on other races in a cycle when control of the chamber is on the line. It’s not clear who might come to Collins’ aid, but the anti-tax Club for Growth has already made it clear that he’s no friend of theirs. On Monday, the Club tweeted that the congressman “should start being more responsible with taxpayer dollars and improving the 57%” he received on its scorecard.

Trump, however, has yet to endorse Loeffler and has openly expressed his enthusiasm for Collins. Could the occupant of the White House side against a sitting senator from his own party? If anyone would do it, it’s Donald Trump.

4Q Fundraising

ME-Sen: Sara Gideon (D): $3.5 million raised, $2.8 million cash-on-hand

TX-Sen: MJ Hegar (D): $1.1 million raised, $1 million cash-on-hand

CA-21: David Valadao (R): $630,000 raised, $1 million cash-on-hand

CA-39: Young Kim (R): $490,000 raised, $900,000 cash-on-hand

CO-03: Lauren Boebert (R): $17,000 raised, additional $2,000 self-funded, $17,000 cash-on-hand

NY-24: John Katko (R-inc): $364,000 raised, $1.06 million cash-on-hand

WI-01: Bryan Steil (R-inc): $375,000 raised, $1 million cash-on-hand

Senate

AL-Sen: Former U.S. Attorney General Jeff Sessions is out with another poll of the March GOP primary from OnMessage that shows him well ahead of his many rivals but still short of the majority he needs to win without a runoff. The results are below with the numbers from Sessions' December poll in parentheses:

Former U.S. Attorney General Jeff Sessions: 43 (44)

Rep. Bradley Byrne: 23 (14)

Former Auburn University football coach Tommy Tuberville: 22 (21)

2017 nominee Roy Moore: 8 (7)

The only big change between the two polls is that Byrne has gained several points and is now locked in a tight race with Tuberville for second.

Byrne has been running ads over the last few weeks, and he's now getting some air support from a super PAC called Fighting for Alabama Fund. The group's opening commercial praises Byrne as "one of President Trump's strongest defenders," and it features clips of the congressman denouncing impeachment. The conservative Yellowhammer News writes that the super PAC's "total buy will be in the six-figures across the Birmingham and Huntsville media markets."

WV-Sen: Candidate filing closed Saturday for West Virginia's May 12 primary, and the state has a list of contenders available here.

GOP Sen. Shelley Moore Capito decisively won an open seat race in 2014, and there's no indication that she's in any trouble this cycle. Capito does face a primary challenge from Allen Whitt, the president of the social conservative group the Family Policy Council of West Virginia, but he doesn't appear to be much of a threat. Whitt raised less than $7,000 from donors during the final three months of 2019 and self-funded another $50,000, and he had $52,000 to spend at the end of December.

The most notable candidate on the Democratic side is former state Sen. Richard Ojeda, who lost the 2018 general election for the 3rd Congressional District and later launched a brief presidential bid. Also in the race is 2018 Senate candidate Paula Jean Swearengin, who challenged Sen. Joe Manchin from the left in the 2018 primary and lost 70-30.

Gubernatorial

WV-Gov: Gov. Jim Justice left the Democratic Party at a 2017 Trump rally months into his term, and he's competing in the GOP primary for the first time. Justice's main intra-party rival appears to be former state Commerce Secretary Woody Thrasher, whom Justice hired and later fired. Also in the running is former Del. Mike Folk, who hasn't brought in much money so far.

Thrasher, who has been self-funding most of his campaign, began airing TV ads in June and has continued to spend heavily on spots since then. However, even Thrasher seems to agree that he's trailing right now: A mid-December Thrasher poll showed Justice leading him 38-30, while Folk was a distant third with 6%.

Three notable Democrats are also running to take on Justice. Kanawha County Commissioner Ben Salango and state Sen. Ron Stollings each describe themselves as moderates, while community organizer Stephen Smith is appealing to progressive voters. Salango, who has also been self-funding much of his campaign, ended December with an enormous cash advantage over his two intra-party foes.

House

CA-22: Financial adviser Phil Arballo is out with his first TV spot ahead of the March top-two primary to face GOP Rep. Devin Nunes, and the Democrat's campaign says that it will run for six figures. The ad highlights Arballo's local roots and background and does not mention Nunes.

MA-03: Andover Selectman Dan Koh filed with the FEC on Friday for a potential Democratic primary rematch against incumbent Lori Trahan, but he says he's still deciding whether to run. Koh lost the 2018 open seat race to Trahan by just 145 votes, and he's been talking about running again for months. Back in December, the House Ethics Committee announced that it was furthering its investigation into Trahan over loans totaling $300,000 that she made to her campaign ahead of that primary.

MD-07: Campaign finance reports are in for all of the candidates competing in Tuesday's special Democratic primary to succeed the late Rep. Elijah Cummings in this safely blue seat. The numbers, which cover the period from Oct. 1 to Jan. 15, are below:

Del. Talmadge Branch: $54,000 raised, additional $4,000 self-funded, $14,000 spent, $44,000 cash-on-hand

State Sen. Jill Carter: $54,000 raised, $14,000 spent, $42,000 cash-on-hand

Former state party chair Maya Rockeymoore Cummings: $208,000 raised, $139,000 spent, $69,000 cash-on-hand

University of Baltimore Law School professor Michael Higginbotham: $108,000 raised, additional $509,000 self-funded, $407,000 spent, $209,000 cash-on-hand

Del. Terri Hill: $49,000 raised, $9,000 spent, $41,000 cash-on-hand

Del. Jay Jalisi: $43,000 raised, additional $75,000 self-funded, $0 spent, $118,000 cash-on-hand

Former Rep. Kweisi Mfume: $261,000 raised, additional $5,000 self-funded, $57,000 spent, $209,000 cash-on-hand

Business consultant Saafir Rabb: $217,000 raised, $144,000 spent, $73,000 cash-on-hand

Former Cummings aide Harry Spikes: $19,000 raised, $10,000 spent, $9,000 cash-on-hand

This is the first we've written about the two top spenders, Higginbotham and Rabb.

NY-27: Erie County Comptroller Stefan Mychajliw announced Monday that he'd compete in the June GOP primary for the full two-year term, a move that came two days after county party leaders passed him over for the party's nomination for upcoming special election in favor of state Sen. Chris Jacobs. Attorney and Fox News contributor Beth Parlato, who also lost on Saturday, had already launched a primary campaign for this 60-35 Trump seat.

Mychajliw, who was an ally of disgraced former Rep. Chris Collins, once again expressed his rage at how the special election nomination was "made behind closed doors by party bosses." And while Mychajliw was first elected as Erie County comptroller in 2012, he pitched himself as the anti-establishment candidate. Mychajliw rhetorically asked, "Can you imagine if Donald Trump listened to the establishment Republicans and let Jeb Bush run for the White House?" and concluded, "Hillary Clinton would be president right now."

Two other candidates who unsuccessfully sought the special election nod are also considering proceeding to the June primary. State Sen. Robert Ortt, who reportedly came close to beating Jacobs over the weekend, told the Buffalo Daily News on Monday that he'd decide in the next few days. White House aide Jeff Freeland, by contrast, said that he wouldn't be talking about his plans until impeachment is done.

However, as we've noted before, it's going to be tough to deny Jacobs the GOP nod in June, especially if so many other candidates run. The state attorney general's office told a court that Gov. Andrew Cuomo intends to set the date for April 28, so if Jacobs wins that race, he'd have two months of incumbency before the primary.

SC-01: Freshman Democratic Rep. Joe Cunningham is out with his first TV spot of the campaign, and the Post & Courier reports that it's running for six figures.

The ad begins by referencing the commercials from GOP outside groups that have already run here and in other competitive seats across the country, with the narrator describing them as "[a]ttack ads so phony even late-night TV made fun of them." A clip then shows comedian Jimmy Kimmel mocking one Republican spot that starred a woman identified as Stacy by saying, "The problem is 'Stacy' is actually an actress … I bet her name's not even Stacy!"

Cunningham's narrator goes on to say that the congressman is the latest target. The commercial continues by praising Cunningham for keeping his word and passing a bipartisan bill to ban offshore oil drilling, working to aid local veterans, and stopping politicians who "tried to raise their own pay."

TX-13: Lobbyist Josh Winegarner is out with a TV spot ahead of the crowded March GOP primary where the narrator bemoans, "We have 15 candidates from Congress, many of them from out of district." He continues, "A Dallas millionaire's even trying to buy our seat." This person isn't mentioned by name, but it's almost certainly a reference to businessman Chris Ekstrom, who lived in Dallas as recently as May. (The city is located about 55 miles away from the border of this Texas Panhandle-based district.)

Winegarner's commercial goes on to praise the candidate as "a pro-life family man who cannot be bought." Winegarner appears at the end and says the district needs "one of our own."

Winegarner also got an endorsement this week from Rep. Mike Conaway, who is retiring from the neighboring 11th District.

WI-07: The anti-tax Club for Growth has launched its first TV spot in support of state Sen. Tom Tiffany ahead of the Feb. 18 special GOP primary, and Politico reports that the size of the buy is $130,000. The commercial argues that Tiffany will be a Trump ally who has "Wisconsin common sense."

Tiffany himself is also out with an ad where he tells the audience that, in addition to being a family man and a conservative, he's "the dam tender on the Willow Flowage. So, I know a thing or two about holding up under pressure." (We've seen a lot of political spots over the years, but we're quite sure this is the first time we've heard the words "dam tender" in one, much less from the candidate.) Tiffany goes on to say he'll be a Trump ally and that "nobody knows how to drain a swamp like a dam man."

DCCC: On Thursday, the DCCC unveiled the first round of its "Red to Blue" program for the 2020 election cycle, highlighting candidates whom the committee thinks has the strongest chance of picking up GOP-held districts or defending competitive open seats. The full list of candidates making the DCCC's initial roster are below:

AZ-06: Hiral Tipirneni CA-25: Christy Smith IA-02: Rita Hart IL-13: Betsy Dirksen Londrigan IN-05: Christina Hale MN-01: Dan Feehan MO-02: Jill Schupp NY-02: Jackie Gordon PA-10: Eugene DePasquale TX-21: Wendy Davis TX-23: Gina Ortiz Jones WA-03: Carolyn Long

Most of these candidates don't face any serious opposition in their primaries. The biggest exception is in California's 25th District where progressive commentator Cenk Uygur, who has long been a vocal opponent of national party leaders, is competing with Assemblywoman Christy Smith in March. The other is in Arizona's 6th District, where 2018 nominee Anita Malik is making a second run but has struggled to raise as much money as physician Hiral Tipirneni.

The DCCC's decision to back Babylon Town Councilor Jackie Gordon in New York's 2nd District is also notable. Gordon launched a bid against GOP Rep. Peter King in the spring, but there was some talk of other Democrats getting in after King decided to retire in November. No other notable contenders have entered the Democratic primary, though, and it looks like the DCCC doesn't expect that to change.

The DCCC's counterparts at the NRCC have a similar program called Young Guns, but there are some key differences between them. When the DCCC adds a candidate to Red to Blue, it is declaring that this contender is the national party's choice in a key race. By contrast, the NRCC often will add multiple candidates running in the same race, as well as people running in safely red open seats.

Legislative

State Legislative Open Seat Watch: Just as we did in the 2018 cycle, Daily Kos Elections will be tracking open seat data for all state legislative chambers that will be holding regular elections in 2020. In seven states with closed filing deadlines, we've counted 70 Republican to 42 Democratic open seats. For individualized listings of each open seat, along with our calculations of their partisan data, check out this tab.

We'll also be keeping tabs on the number of uncontested seats in each chamber. So far, Republicans have failed to file candidates in 40% of Democratic-held districts, while Democrats have left 32% of Republican seats uncontested. However, these numbers are bound to change as more filing deadlines close across the country. (Note: West Virginia's filing deadline closed on January 25, but we are awaiting confirmation of the finalized candidate list from that state before updating our tracking.)

We'll be posting periodic updates on this project in the Daily Digest and on Twitter, but if you'd like to stay on top of every update as they happen, feel free to bookmark this Google Doc!