Morning Digest: Ohio Supreme Court strikes down GOP’s legislative gerrymander

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

Leading Off

OH Redistricting: The Ohio Supreme Court on Wednesday struck down the new Republican-drawn state House and Senate maps as an unconstitutional gerrymander and ordered the state's Ohio Redistricting Commission to adopt new lines within 10 days. This decision does not apply to the Republican-drafted new congressional map, which is the subject of a separate case that the justices have yet to issue a decision in.

Republican Chief Justice Maureen O'Connor joined the three Democrats in Wednesday's 4-3 ruling, which blasted just how much the lines drawn by the GOP majority on the bipartisan Redistricting Commission benefited Republican candidates. As we've written before, a voter-approved constitutional amendment requires maps to not unfairly benefit one party or the other compared to their statewide support, which Republicans acknowledged was roughly 54% Republican and 46% Democratic according to an average of the last decade's statewide elections.

The justices, though, noted that the state House map favored GOP candidates in 67 of the 99 seats―which would give Team Red the edge in 68% of the districts―while Republicans likewise enjoyed an advantage in 23 of the 33 state Senate constituencies.

Campaign Action

The Redistricting Commission, which has a 5-2 GOP majority, will now need to redraw the lines, and the justices said they retained jurisdiction "to review the plan that the commission adopts for compliance with our order." Ohio's candidate filing deadline is currently set for Feb. 2, though lawmakers can alter that date.

Redistricting

MO Redistricting: The state House's redistricting committee voted Wednesday to advance a congressional map aimed at preserving the Republicans' current 6-2 majority in the delegation.

MS Redistricting: The state Senate on Wednesday approved a new GOP-drawn congressional map, which now goes to Republican Gov. Tate Reeves for his signature.

NC Redistricting: The Wake County Superior Court on Tuesday upheld the new Republican-drawn congressional and legislative maps. Plaintiffs immediately made it clear that they'd appeal the decision to the North Carolina Supreme Court, where Democrats have a 4-3 majority.  

PA Redistricting: The Republican-controlled state House has passed a new congressional map that would almost certainly be vetoed by Democratic Gov. Tom Wolf should it reach his desk.

SC Redistricting: The GOP-run state House Judiciary Committee has advanced a new congressional map aimed at shoring up Republican Rep. Nancy Mace in the 1st District. Last month, the chamber introduced a different map that would have actually made the 1st more competitive, but Republicans seem to have reversed course since then. State Senate Republicans previously proposed boundaries that also would have strengthened Team Red in the 1st District.

TN Redistricting: The state House's redistricting committee on Wednesday advanced a congressional map that, as Democrats have long feared, aims to turn the 5th District red. The blue bastion of Nashville, which is coterminous with Davidson County, is currently entirely located in longtime Democratic Rep. Jim Cooper's 5th District, but these proposed boundaries would split the city between the 5th, 6th, and 7th Districts. This map would leave the Memphis-based 9th District as the only Democratic-friendly seat in Tennessee.

4Q Fundraising

  • CO-SenMichael Bennet (D-inc): $2.1 million raised, $4.7 million cash-on-hand; Gino Campana (R): $450,000 raised, additional $500,000 self-funded, $760,000 cash-on-hand
  • NE-GovJim Pillen (R): $5.4 million raised (since April), $4.1 million cash-on-hand
  • FL-10Maxwell Frost (D): $407,000 raised
  • IL-14Michael Koolidge (R): $100,000 raised (in six weeks)
  • MN-02Angie Craig (D-inc): $875,000 raised, $2.9 million cash-on-hand
  • NH-01Matt Mowers (R): $400,000 raised, $600,000 cash-on-hand
  • NJ-05Nick De Gregorio (D): $403,000 raised, $375,000 cash-on-hand
  • NV-04Steven Horsford (D-inc): $478,000 raised, $1.6 million cash-on-hand
  • OR-06Matt West (D): $600,000 raised, $480,000 cash-on-hand

Senate

MD-Sen: Republican Gov. Larry Hogan once again declined to rule out a bid against Democratic Sen. Chris Van Hollen on Wednesday one day after the Associated Press detailed national Republicans' ongoing efforts to convince him to run. Hogan downplayed his interest when asked but didn't do anything to take his name out of contention, saying, "I don't have much desire to be in the US Senate." The filing deadline is Feb. 22.

OH-Sen: The radical anti-tax Club for Growth has launched what NBC's Henry Gomez reports is a $750,000 TV and digital buy attacking former state Republican Party chair Jane Timken ahead of the May primary. The Club, which backs ex-state Treasurer Josh Mandel, had been training its fire on venture capitalist J.D. Vance, but it recently released a poll finding that Timken is now Mandel's main threat.

The narrator declares, "Timken claimed she didn't know how she would have voted on Trump's impeachment while passionately defending her RINO congressman after he voted to impeach Trump." That last bit is a reference to retiring Rep. Anthony Gonzalez, who was one of the 10 House Republicans who voted to impeach Donald Trump last year. Timken initially said that the congressman had a "rational reason why he voted that way. I think he's an effective legislator, and he's a very good person." While she soon backtracked and called for Gonzalez's resignation, she didn't do it fast enough to insulate her from attacks like this one.

VT-Sen: Former U.S. Attorney Christina Nolan last week filed paperwork with the FEC for a potential run for the Republican nod, and she now tells VTDigger, "I am definitely exploring the possibility, but I am not yet ready to announce a formal decision or make a formal announcement."

The last time Green Mountain Republicans won a federal election was 2000, when moderate Sen. Jim Jeffords easily secured another term; Jeffords famously abandoned the GOP (and his all-Republican barbershop quartet, the Singing Senators) the following year to caucus with the Democrats as an independent, a move that handed Team Blue control of the upper chamber.

PA-Sen: Ad Impact tells Politico that American Leadership Action, a super PAC set up to aid TV personality Mehmet Oz in the Republican primary, has booked $550,000 in TV time for a negative campaign aimed at former hedge fund manager David McCormick that will begin this month. McCormick is still officially in exploratory mode, but there's little question that he's planning to run especially now that he's resigned from the hedge fund giant Bridgewater Associates.

House

CA-15: While Redwood City Mayor Giselle Hale had mulled campaigning for this safely blue open seat last year, the Democrat announced this week that she would run for the state Assembly instead.

CA-37: Former Los Angeles City Councilwoman Jan Perry has filed FEC paperwork for a potential campaign to succeed Rep. Karen Bass, a fellow Democrat who is leaving to run for mayor of L.A., in the June top-two primary for this safely blue seat. Perry would be the first member of Congress who is both Black and Jewish.

Perry ran for the city's top job in 2013 and ultimately placed fourth in the nonpartisan primary with 16%. She went on to endorse Eric Garcetti in the second round, who named her head of his administration’s Economic Development Department following his victory. Perry stepped down in 2018 and ran for a seat on the Los Angeles County Board of Supervisors two years later, but she took a distant third with just 12%.

The only notable Democrat who has announced a campaign for the 37th District, which includes Central Los Angeles, is Culver City Vice Mayor Daniel Lee. State Sen. Sydney Kamlager, who decisively won her current post last year by beating Lee in a special election, also filed FEC paperwork in late November, but she still hasn't said if she's running.

FL-07: Businessman Scott Sturgill, who lost the 2018 Republican primary for the old version of this seat, has announced a bid to succeed retiring Democratic Rep. Stephanie Murphy in a state where redistricting is still underway. Sturgill self-funded $150,000 for his last campaign but still lost the primary 54-30 to state Rep. Mike Miller, whom Murphy beat months later.

FL-20: Democrat Sheila Cherfilus-McCormick pulled off a 79-20 victory over Republican Jason Mariner in this 77-22 Biden seat in a contest that Republican Gov. Ron DeSantis infamously scheduled to take place a whole nine months after the death of longtime Democratic Rep. Alcee Hastings. Cherfilus-McCormick, who beat now-former Broward County Commissioner Dale Holness by five votes in the very crowded November primary, will be the first-ever Haitian American member of Congress.

The new congresswoman, though, will likely need to prepare for another serious nomination fight. Holness, who never conceded defeat, filed paperwork for another bid last month, and The Sun Sentinel reported at the time that he planned to seek a rematch. Former Broward County Commissioner Barbara Sharief, who earned third place, also told the paper for that article that she was "more than likely" to run again but was "waiting to see what the districts look like."

IN-09: Republican Rep. Trey Hollingsworth announced Thursday that he would not seek a fourth term in Indiana's safely red 9th District in a very unexpected move that bookends what has been a short but surprising congressional career. The revised version of this southeastern Indiana seat, which includes Bloomington, backed Donald Trump 63-35, and Republicans should have no trouble holding onto it.

Hollingsworth had given no obvious indication that he was looking to hit the eject button, especially since he had no serious primary or general election opponent on the horizon. The congressman, though, used an op-ed for IndyStar to remind readers that he'd pledged to only serve four terms total, continuing, "I want to be the change I want to see in this world, so, as I contemplate how I can work for you in new and better ways in the future, I won't run for reelection this year." Hollingsworth added, "I ran for Congress to return this government to the people from the career politicians who had broken it, and I will be damned if I become one in the process."

Hollingsworth began running for Congress in the 2016 cycle very soon after the Tennessee businessman, who had ties to several other states that weren't named Indiana, moved to the Hoosier State. He initially seemed like an afterthought in the Republican primary to succeed now-Sen. Todd Young, but he attracted attention after he used his personal fortune to finance a huge early ad campaign at a time when his more established but cash-poor rivals couldn't get on TV. He also got help from his wealthy father, who financed a super PAC that aired commercials praising the younger Hollingsworth and attacking the presumed frontrunner, Attorney General Greg Zoeller.

Another candidate, state Sen. Erin Houchin, saw where things were going and eventually went up with her own spot warning viewers that Hollingsworth was "a Tennessee millionaire who just moved here to try and buy our seat in Congress," but she lacked the resources to sufficiently blast her opponent. Republicans said just before the primary that Hollingsworth had little ground game and few, if any, local allies, but that didn't stop him from defeating Houchin by a convincing 34-25.

Republican gerrymandering and southern Indiana's continued shift to the right made Hollingsworth the clear favorite in a district that had supported Mitt Romney 57-41 in 2012, but Democrats hoped that a weak GOP nominee would give Monroe County Councilor Shelli Yoder an opening. And for a long time, it seemed like it was possible that Hollingsworth's flaws could indeed sink him, especially after the DCCC released an October poll giving him just a 44-42 edge.

National Democrats backed up their talk with action in the final weeks, and they ultimately spent $1.8 million compared to $1.3 million from their GOP counterparts. Hollingsworth also earned some ugly headlines in the final days when the Associated Press reported that legal papers he filed to serve as a "registered agent" for his real estate business obligate him to simultaneously reside in Virginia, North Carolina, South Carolina, Georgia, and Ohio. The Republican blamed it all on a clerical error, though he didn't help things when, after acknowledging he'd lived in South Carolina, he refused to say where else he'd resided.

All of this, though, was far from enough in a seat as red as the 9th District. Donald Trump carried the seat 61-34, and while Hollingsworth badly trailed the top of the ticket, his 54-40 victory was still far from close. Democrats still hoped that the new congressman could be vulnerable in a very different political climate, but he won by a similar 56-44 spread in 2018 and had no trouble taking what would ultimately be his final term.

MO-04: Retired Navy SEAL Bill Irwin announced this week that he was joining the crowded Republican primary for this safely red open seat.

NE-01: The Omaha World-Herald's Don Walton recently asked state Sen. Mike Flood if he had anything to do with a reported poll testing him in a hypothetical May Republican primary against indicted Rep. Jeff Fortenberry, to which Flood notably responded, "No comment."

Flood previously served as speaker of Nebraska's unicameral state legislature from 2007 until he was termed out in 2013, and he returned to the chamber last year. (Nebraska forbids legislators from serving more than two consecutive terms, but they can come back after a break.) The senator is also the owner of News Channel Nebraska, which Walton describes as "a network of radio and television stations that combine into a statewide media network."

Fortenberry, whom federal prosecutors have charged with lying to investigators as part of a probe into a foreign billionaire who used straw donors to illegally funnel $180,000 to four different GOP candidates, has a trial date tentatively set for Feb. 15, which coincidentally is the day that Flood would need to make a final decision by. That's because Nebraska has a unique law that sets up two filing deadlines, one for current elected officials and one for everyone else. All office-holders who want to be on the 2022 ballot need to file by Feb. 15, even if they're seeking a different post than the one they currently have, while the deadline for everyone else comes two weeks later on March 1.

Whoever emerges with the GOP nod will likely go up against state Sen. Patty Pansing Brooks, a Democrat who currently faces no serious intra-party opposition. The new version of the 1st District, which includes Lincoln and rural areas in the eastern part of the state, supported Donald Trump 54-43.

NJ-07, NJ-11: Phil Rizzo, a Republican who took a distant second in last year's gubernatorial primary, announced Wednesday that he was switching from the 11th to 7th Districts following redistricting and would now take on Democratic Rep. Tom Malinowski. Rizzo will have a very tough task ahead of him, though, if he's to defeat the local and national establishment favorite, former state Sen. Tom Kean Jr., in a June nomination contest that also includes Assemblyman Erik Peterson.

VA-07: The Richmond Times-Dispatch reports that Del. Elizabeth Guzman and Prince William School Board Chair Babur Lateef are each considering challenging Democratic Rep. Abigail Spanberger for renomination now that redistricting has relocated a majority of populous Prince William County to the new 7th District. However, two other Northern Virginia Democrats, state Sen. Jeremy McPike and Del. Luke Torian, say they won't campaign here, while county party chair Tonya James relays that former Del. Jennifer Carroll Foy has also told her she won't run.

On the Republican side, 2020 candidate Tina Ramirez announced this week that she was ending her campaign now that redistricting has moved her out of the 7th. Ramirez will instead challenge state Sen. Amanda Chase, who also dropped out of the congressional race this month, for renomination in 2023.

Ballot Measures

San Jose, CA Ballot: The San Jose City Council on Tuesday voted to place a measure on the June ballot that would move mayoral contests from midterm to presidential years. This year's open seat mayor race would only be for a two-year term if voters approved this measure, but the winner would be allowed to seek two additional four-year terms.

The City Council is also reviewing other ideas, such as adopting instant-runoff voting, that could go on the November ballot. However, an earlier proposal to greatly enhance the mayor's power appears to be off the table for now.

Legislatures

Special Elections: Here's a recap of Tuesday's contest in Maine:

ME-HD-27: Former state Sen. James Boyle held this seat for the Democrats by beating Republican Timothy Thorsen 57-38. Hillary Clinton won 53-40 here, and preliminary numbers from Daily Kos Elections have Joe Biden prevailing by a larger 60-37 spread in 2020.

Democrats are back to a enjoy an 81-64 majority in a 151-person chamber that also includes three independents, one Libertarian, and one member of the Independent for Maine Party; one Republican-held district, the very red HD-145, is open.

Mayors

Austin, TX Mayor: Democratic state Rep. Celia Israel announced Tuesday that she would compete in this year's race to succeed termed-out Mayor Steve Adler as the head of Texas' famously liberal capital city; Israel would be Austin's first gay or Latina mayor.

Milwaukee, WI Mayor: Candidate filing closed Tuesday for the special election to succeed Tom Barrett, who resigned last month to become ambassador to Luxembourg. All the candidates will face off on one nonpartisan ballot on Feb. 15, and the top-two vote-getters will advance to the April 5 general; the winner will be up for a regular four-year term in 2024.

The only surprise on filing day came when Milwaukee City Attorney Tearman Spencer, who had previously announced a campaign, did not submit any signatures. The candidates who turned in the required amount of petitions are:

  • Alderman Marina Dimitrijevic
  • Former Alderman Bob Donovan
  • Acting Mayor Cavalier Johnson
  • Milwaukee County Sheriff Earnell Lucas
  • Businessman Michael Sampson
  • State Sen. Lena Taylor

Most of the field to lead this very blue city identify as Democrats, though Donovan, who badly lost to Barrett in 2016, is active in conservative groups.