Morning Digest: A Supreme Court majority is on the line in Montana this fall

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

Subscribe to The Downballot, our weekly podcast

Leading Off

MT Supreme Court: Conservatives have a chance to take a majority on Montana's Supreme Court in November thanks to the retirements of two liberal justices. However, a high-profile battle looms as progressives seek to defend a court that has long stood as a defender of democracy and abortion rights.

The race to replace Mike McGrath as chief justice has drawn the most attention to date. Three candidates are running in Tuesday's officially nonpartisan primary, though each party has coalesced around a single choice. (The top two vote-getters will advance to a November faceoff.)

Democrats are united behind former federal Magistrate Judge Jerry Lynch while the Republican establishment is backing Broadwater County Attorney Cory Swanson. The third entrant, criminal defense attorney Doug Marshall, doesn't seem to be running a credible campaign (he's said he might vote for Swanson).

The contest to succeed Dirk Sandefur, an associate justice, is arrayed similarly. The two main candidates are both trial court judges: Judge Katherine Bidegaray, the consensus Democratic pick, serves five counties in the eastern part of the state, while Judge Dan Wilson, the top choice of Republicans, has jurisdiction in Flathead County in Montana's northwestern corner.

A former Republican state lawmaker, Jerry O'Neil, is also running, but he's currently challenging the state's eligibility rules because he's not a member of the bar.

The four top contenders have all banked similar sums, between about $80,000 and $100,000, as of the most recent fundraising reports that run through mid-May. (Marshall and O'Neil have reported raising almost nothing.) Those totals in part reflect Montana's relatively low donation caps, which top out at $790.

But outside spending is sure to dwarf whatever the candidates put in. In 2022, when just a single seat on the court was seriously contested, third parties on both sides combined to spend at least $3 million—a huge sum given the state's small population—and very likely more. (The Montana Free Press said that figure was "almost certainly an undercount" due to errors in campaign finance filings.)

In that race, Justice Ingrid Gustafson won reelection to an eight-year term by defeating conservative James Brown 54-46. That victory preserved the ideological balance on the court, which has generally been described as including three liberals, two conservatives, and two swing justices, including Gustafson.

Those two swing votes have played a crucial role in recent years, often joined with the liberal bloc. Most notably, in a 5-2 decision issued in 2022, the court barred Republican lawmakers from proceeding with a ballot measure that would have let them gerrymander the court itself.

The court has been more united on abortion rights, which are protected under a 1999 precedent known as the Armstrong decision. Two years ago, the justices unanimously upheld a lower court ruling that temporarily blocked a trio of anti-abortion bills passed by GOP lawmakers. And earlier this year, on a 6-1 vote, the court gave the green light to a ballot initiative that would enshrine the right to an abortion into the state constitution.

But a court with four conservatives could feel emboldened to revisit Armstrong, which is a major reason why reproductive rights advocates are pushing forward with their amendment.

The issue is also certain to be a focus in the races for both Supreme Court seats. Both Lynch and Bidegaray have spoken in favor of abortion rights, albeit less explicitly than some liberal judicial candidates in other states have.

At a campaign event last year, Lynch said that Montanans deserved to be "[f]ree from government interference, especially when it comes to reproductive rights." Bidegaray has been less direct, telling ABC News in March that she's running "to protect our democratic principles, which include the separation of powers and the unique rights provided by the 1972 Montana Constitution, including women's rights."

The leading conservatives, however, have sought to avoid the issue altogether. Wilson declined to comment to ABC, while Swanson demurred. "I don't believe it would be appropriate to discuss potential outcomes of future cases," he said.

The Downballot

It's right there in the name of the show, so yeah, of course we're gonna talk about downballot races on this week's episode of "The Downballot"! Specifically, we drill down into the top contests for attorney general and state supreme court taking place all across the country this year. Democrats and liberals are playing defense in Montana, North Carolina, and Pennsylvania, but they have the chance to make gains in many states, including Michigan, Arizona, Ohio, and even Texas.

Co-hosts David Nir and David Beard also recap Tuesday's runoffs in the Lone Star State, where a GOP congressman barely hung on against an odious "gunfluencer." They also dissect a new Supreme Court ruling out of South Carolina that all but scraps a key weapon Black voters have used to attack gerrymandering. And they preview New Jersey's first primaries in a post-"county line" world.

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

Senate

AZ-Sen: The Congressional Hispanic Caucus' Bold PAC announced this week that it has reserved $1.1 million in TV, radio, and digital advertising for September to aid Democrat Ruben Gallego. "The statewide investment represents the first Spanish language reservations in the general election in this race and is the largest single independent expenditure in BOLD PAC’s 23 year history," the group said.

WI-Sen: A Senate Majority PAC affiliate has debuted a TV ad that attacks Republican Eric Hovde as a rich CEO whose bank "makes millions at seniors' expense" and "owns a nursing home being sued for elder abuse and wrongful death," citing a story from last month that the New York Times had first reported.

The commercial then plays a clip from a right-wing talk show appearance earlier in April where Hovde told the host that "almost nobody in a nursing home is in a point to vote" and insinuated without evidence that there was widespread voter fraud at Wisconsin nursing homes in the 2020 election.

Hovde's campaign has also unveiled new ads, with one spot covering generic far-right themes and cultural grievances. His second ad highlights his upbringing and family ancestry in Wisconsin to hit back against Democratic claims that he has mostly lived out-of-state for decades and spent most of his time in California before joining the race.

However, Hovde doesn't actually rebut those claims. After noting he graduated from the University of Wisconsin in 1986, he only says he's had a business in the Madison area "for over 20 years" and his family currently lives there.

House

MI-08, DCCC: The DCCC announced Wednesday that it was adding Michigan state Sen. Kristen McDonald Rivet to its Red to Blue program for top candidates even though, unlike the other four new inductees, she still has a contested primary to get through.

McDonald Rivet's main opponent in the Aug. 6 Democratic primary for the open and swingy 8th District is businessman Matt Collier, a former Flint mayor and Army veteran who has VoteVets' support. State Board of Education President Pamela Pugh is also running to replace retiring Democratic Rep. Dan Kildee, but she's struggled to raise money.

But while this is the first time that national Democratic leaders have publicly taken sides in the primary for this seat, which is based in the Flint and Tri-Cities areas, there were already indications that they wanted McDonald Rivet as their nominee. In its January article covering her entry into the race, the Detroit News wrote that party strategists viewed the state senator as a top recruit" they'd hoped to land.

Last year, Democratic consultant Adrian Hemond described her to the Daily Beast as the type of "solidly center-left Democrat" who can "play nice" with the district's large Catholic electorate, adding, "In terms of people who have a track record of winning tough elections in this area, Kristen McDonald Rivet is probably top of the list." McDonald Rivet since then has earned endorsements from EMILYs List and powerful labor organizations like the United Auto Workers and the state AFL-CIO.

The DCCC rarely adds candidates to Red to Blue unless they've already won their primary or it's clear that they'll have no trouble doing so, and that's the case for the other four new names on the list. The committee is backing former U.S. Department of Justice official Shomari Figures, who secured the nomination in April for Alabama's revamped 2nd District.

Also in the program are a pair of Democratic nominees who are challenging Republican incumbents in Pennsylvania: retired Army pilot Ashley Ehasz, who is taking on Rep. Brian Fitzpatrick in the 1st District, and former TV news anchor Janelle Stelson, who is going up against far-right incumbent Scott Perry in the 10th.

The final new name belongs to Wisconsin Democrat Peter Barca, who is trying to beat GOP Rep. Bryan Steil and reclaim the seat he last held three decades ago. Candidate filing doesn't close in the Badger State until June 3, but there's no indication that any other serious Democrats are interested in campaigning for the 1st District.

The only one of those seats with a contested GOP primary is also Michigan's 8th District, and the Republican nomination contest has already gotten nasty with more than two months to go.

Retired Dow Chemical Company executive Mary Draves on Tuesday began running ads attacking her main intra-party rival, 2022 nominee Paul Junge, about two weeks after he started airing commercials against her. Draves' narrator says that, while Junge publicly says he supports American jobs, he really "invested his inherited trust fund in, you guessed it, China. Not one dollar invested in Michigan jobs." The rest of the spot touts Draves as a loyal Donald Trump ally with a history of creating local jobs.

Junge has been promoting a very different narrative about Draves with advertising portraying her as a phony conservative who served on Democratic Gov. Gretchen Whitmer's "climate change council to push her green agenda."

Draves was the subject of an unwelcome headline later in the month when the Detroit News reported both that she'd donated to Democratic Sen. Gary Peters' 2020 reelection committee and that she'd contributed last October to McDonald Rivet's own political action committee.

Draves defended herself by arguing that 99% of the political donations she's made in the last 18 years went to help conservatives and that she shouldn't be admonished for these two outliers. "I made a symbolic contribution to Peters as he was supportive of our work at Dow," she said in a statement, adding, "A friend of mine was hosting an event for Rivet's state Legislature leadership PAC and had asked me to buy a ticket, so I did but did not attend."

Republican leaders may be content if primary voters accept this argument so they can avoid having Junge as their standard bearer again. The 2022 nominee lost to Kildee by an unexpectedly wide 53-43 margin two years after Joe Biden carried the 8th District by a small 50-48 spread, and Democrats would likely once again hammer Junge over his weak ties to the region. Unlike the DCCC, however, national GOP leaders have yet to take sides in their nomination contest.

MI-13: Former state Sen. Adam Hollier announced Wednesday that he had filed an appeal with Secretary of State Jocelyn Benson days after Wayne County Clerk Cathy Garrett determined that he'd failed to collect enough valid signatures to appear on the August Democratic primary ballot.

The Detroit News says it's not clear if the state Bureau of Elections will take up this matter before the Board of State Canvassers meets Friday to address the fate of other candidates who have been disqualified from the ballot. Hollier is Rep. Shri Thanedar's most serious intra-party opponent.

MO-01: AIPAC, the hawkish pro-Israel group, has launched its first TV ad to support St. Louis County Prosecuting Attorney Wesley Bell ahead of his Aug. 6 Democratic primary against Rep. Cori Bush. The commercial promotes Bell as a criminal justice reformer but does not mention Bush. AdImpact reports AIPAC has reserved at least $344,000 via its United Democracy Project super PAC.

NY-01: Former CNN anchor John Avlon has publicized endorsements from three members of New York's Democratic House delegation: Rep. Tom Suozzi, who represents a neighboring seat on Long Island, and New York City-based Reps. Dan Goldman and Greg Meeks. Avlon faces Nancy Goroff, who was the 2020 Democratic nominee for a previous version of the 1st District, in the June 25 primary to take on freshman GOP Rep. Nick LaLota.

NY-16: AIPAC's United Democracy Project has now spent roughly $8 million to support Westchester County Executive George Latimer's primary challenge against Democratic Rep. Jamaal Bowman, according to AdImpact data relayed by Politico's Emily Ngo. By contrast, Bowman's campaign has spent just $715,000 with just a month until the June 25 primary.

VA-07: Former National Security Council adviser Eugene Vindman has released an internal from Global Strategy Group that shows him decisively beating Prince William County Supervisor Andrea Bailey 43-10 in the June 18 Democratic primary for the open 7th District; another 32% are undecided, while the balance is split between three other candidates.

This is the first poll we've seen of the contest to succeed Democratic Rep. Abigail Spanberger, who is giving up this seat to concentrate on her 2025 run for governor. Vindman massively outraised the rest of the field through the end of March, and almost all of the outside spending on the Democratic side has been to support him.

WA-06: The Washington Public Employees Association this week endorsed state Sen. Emily Randall over the other leading Democrat, Commissioner of Public Lands Hilary Franz, and its leaders made sure to highlight that it represents Franz's subordinates in the Department of Natural Resources.

The Washington Observer reported earlier this month that DNR staffers successfully urged another group, the Washington State Labor Council, to back Randall by citing "issues of worker safety and low morale" in their workplace. A third labor organization that represents DNR personnel, the Washington Federation of State Employees, also endorsed the state senator last month ahead of the Aug. 6 top-two primary.

Attorneys General

NC-AG, NC Supreme Court, NC Superintendent: The progressive group Carolina Forward has publicized the downballot portion of a mid-May poll it commissioned from Change Research, which finds narrow leads for Democratic candidates while many voters remain undecided.

In the race to succeed Democratic gubernatorial nominee Josh Stein as attorney general, Democratic Rep. Jeff Jackson posts a 43-40 edge over Republican colleague Dan Bishop. For the state Supreme Court, appointed Democratic Justice Allison Riggs is ahead 41-40 over Republican Jefferson Griffin, a judge on the state Court of Appeals.

For education superintendent, Democrat Moe Green is up by 42-39 over Republican Michele Morrow, a far-right conspiracy theorist who won her primary in an upset over GOP incumbent Catherine Truitt.

Carolina Forward had previously released the poll's results for the top of the ticket, where Trump led 45-43 in a two-way matchup and 41-38 in a three-way race with independent Robert F. Kennedy Jr. taking 11%. Stein held a 44-43 edge over far-right Republican Mark Robinson for governor.

Ballot Measures

MO Ballot: Republican Gov. Mike Parson on Tuesday set Aug. 6 as the date for a re-do of a 2022 state constitutional amendment that empowered the state legislature to require Kansas City to spend at least 25% of its general revenue on its police. Parson's move comes even though the state Supreme Court explicitly ordered this amendment appear before voters on Nov. 5 rather than on the summer primary ballot.

Statewide voters last cycle approved Amendment 4 by 63-37 even though it only impacts Kansas City, which is the only major city in America that doesn't have control over its own police force. Last month, though, the state's highest court ruled that a new vote was required because election officials had included a misleading fiscal summary that said the amendment "would have no fiscal impact when the fiscal note identified a sizeable one."

Legislatures

TX State House: Six state House Republicans lost their runoffs Tuesday even as Speaker Dade Phelan won renomination in an upset, and GOP Gov. Greg Abbott was quick to insist that he "now has enough votes" to pass his stalled plan to use taxpayer money to pay for private schools.

Abbott didn't bother to acknowledge that there are general elections in November, and the Texas Tribune's Jasper Scherer noted that Democrats are hoping to flip at least one of the seats the governor is already counting as a pickup for his cause.

That constituency is the 121st District in San Antonio, where Marc LaHood defeated Rep. Steve Allison in the March GOP primary. Democrat Laurel Jordan Swift will face LaHood in a district that, according to VEST data from Dave's Redistricting App, favored Donald Trump by a small 50-48 spread in 2020.

Ultimately, 15 Republican representatives lost renomination this year, though Abbott wasn't happy to see them all go. Attorney General Ken Paxton also used this year's primaries and runoffs to punish members who voted to impeach him for corruption last year, and he was sometimes on the opposite side of Abbott in key races.

One member who escaped Paxton's wrath, though, was Phelan, who narrowly defeated former Orange County Republican Party chair David Covey 50.7-49.3 in a contest where Abbott didn't take sides. (The only other sitting GOP representative to get forced into a runoff but survive was Gary VanDeaver, who beat an Abbott-backed foe.)

The attorney general characteristically responded to the 366-vote loss for Covey, who also sported endorsements from Donald Trump and Lt. Gov. Dan Patrick, by accusing Phelan of having "blatantly stolen" the election by encouraging Democratic voters to back him. Texas, notes Axios' Asher Price, does not have party registration.

Paxton also called for Republican representatives, who are all but certain to maintain their hefty majority in the gerrymandered chamber, to end Phelan's speakership next year. Rep. Tom Oliverson, who avoided casting a vote in Paxton's impeachment, announced his own bid for speaker in March, and he responded to Phelan's victory on Wednesday by proclaiming, "Campaign For Speaker Begins In Ernest."

Prosecutors & Sheriffs

Hillsborough County, FL State Attorney: Former State Attorney Andrew Warren this week publicized endorsements from several Tampa-area Democrats including Rep. Kathy Castor, who represents about 40% of Hillsborough County, ahead of the Aug. 20 primary.

Warren is trying to regain his old office from Republican incumbent Suzy Lopez, whom Gov. Ron DeSantis appointed in 2022 after permanently suspending Warren. First, though, Warren needs to win the Democratic primary against attorney Elizabeth Martinez Strauss, who hails from a prominent local legal family.

Strauss has stated that she believes that Warren was unfairly removed for, among other things, refusing to prosecute people who obtain or provide abortions. However, she's also argued that Warren is "a risky candidate" because DeSantis could just suspend him all over again. "Voters should have a choice and they may want a state attorney who can hold the job for more than 24 hours," Strauss told Florida Politics last month.  

Poll Pile

Ad Roundup

Campaign Action

Morning Digest: Congressman turned unsuccessful fast-food proprietor seeks comeback

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

Subscribe to The Downballot, our weekly podcast

Leading Off

The NRCC was recently bashing Democratic candidates who lost elections in previous years as "week old crusty lasagna," so surely that gustatory slur should apply to Republicans too, right? Ex-Rep. Denny Rehberg, once a touted recruit, was last on the ballot in 2012, when Sen. Jon Tester sent him packing. Since then, he's operated a bunch of fast-food restaurants, all of which have since shuttered. (What was that about past-their-prime vittles?) Oh, and he also became a lobbyist. Read more at Daily Kos Elections about Rehberg's quest to win eastern Montana's maybe-open House seat.

He may have co-founded No Labels, but now he wants to adopt at least one label: Former CNN anchor John "Fipp" Avlon just launched a campaign for Congress on Long Island under the banner of the Democratic Party. His problem is that he's not the only person with that idea, since he's joining a crowded primary that already has a frontrunner—and he'll have to explain to voters why a longtime Manhattanite who never voted in Suffolk County prior to 2020 is the right fit for the district. Jeff Singer handicaps the evolving Democratic primary to take on first-term Republican Nick LaLota.

The Downballot

The economy seems to be going great, but lots of voters still say they aren't feeling it. So how should Democrats deal with this conundrum? On this week's episode of "The Downballot," communications consultant Anat Shenker-Osorio tells us that the first step is to reframe the debate, focusing not on "the economy"—an institution many feel is unjust—but rather on voters' economic well-being. Shenker-Osorio advises Democrats to run on a populist message that emphasizes specifics, like delivering tangible kitchen-table economic benefits and protecting personal liberties, including the right to an abortion.

Co-hosts David Nir and David Beard also investigate the new candidacy of rich guy Eric Hovde, the latest in a long line of GOP Senate candidates who have weak ties to the states they want to represent. Then it's on to redistricting news in two states: Wisconsin, which will have fair legislative maps for the first time in ages, and New York, where Democrats are poised to nuke a new congressional map that no one seems to like.

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

Senate

CA-Sen: Analyst Rob Pyers highlights that Fairshake, a super PAC funded by cryptocurrency firms, has deployed an additional $3.2 million against Democratic Rep. Katie Porter. This brings the group's total investment to $6.8 million with less than two weeks to go before the March 5 top-two primary.

MD-Sen: Former Gov. Larry Hogan has publicized an internal poll from Ragnar Research conducted about a week before the Republican unexpectedly entered the race, and it shows him far ahead of both of the major Democrats. The numbers, which were first shared with Punchbowl News, show Hogan outpacing Rep. David Trone and Prince George’s County Executive Angela Alsobrooks 49-33 and 52-29, respectively. The memo did not include numbers pitting Joe Biden against Donald Trump in this blue state.

MI-Sen: The Michigan-based pollster EPIC-MRA finds Democratic Rep. Elissa Slotkin narrowly edging out former GOP Rep. Mike Rogers 39-38 in a hypothetical general election as respondents favor Donald Trump 45-41 over Joe Biden. There is no word if the firm had a client for this survey, though The Detroit Free Press, which often employs EPIC-MRA and first reported these numbers, says that this poll was not conducted on its behalf.

House

AL-01: The Club for Growth has launched a $580,000 TV buy to help Rep. Barry Moore fend off fellow incumbent Jerry Carl in the March 5 Republican primary, an ad campaign that comes more than three months after Moore insisted he wouldn't "accept support" from the well-funded group. But Moore, as we explained at the time, may have issued this public disavowal to stay on the good side of Donald Trump, whose on-again, off-again feud with the Club was very much "on" last year.

Politico reported earlier this month that Club head David McIntosh and Trump have again made peace, though Moore doesn't appear to have said anything new about the Club. However, independent expenditure organizations like the Club's School Freedom Fund affiliate don't need a candidate's permission to get involved and in fact cannot legally seek it.

The Club, of course, is behaving like there never was any feud: Its opening commercial promotes Moore as an ardent Trump ally, complete with a clip of him proclaiming, "Go Trump!" Carl goes unmentioned in the script, though his image appears alongside Mitch McConnell's as the narrator attacks "weak-kneed RINOs." The buy comes shortly after another pro-Moore organization, the House Freedom Caucus, launched what AdImpact reported was a $759,000 buy targeting Carl.

CA-16: Primary School flags that a super PAC called Next Generation Veteran Fund has now spent close to $1.1 million to promote businessman Peter Dixon, who is one of the many Democrats competing in the March 5 top-two primary to replace retiring Democratic Rep. Anna Eshoo in Silicon Valley. The organization, which says it is "exclusively supporting former U.S. Marine Peter Dixon," is connected to the With Honor Fund, a group co-founded by Dixon that backs military veterans in both parties.

Dixon is one of several well-funded Democrats on the ballot, but he's the only one who hasn't previously held elected office. His opponents include former San Jose Mayor Sam Liccardo, Assemblyman Evan Low, and Eshoo's endorsed candidate, Santa Clara County Supervisor Joe Simitian. Palo Alto City Councilmember Julie Lythcott-Haims is also competing, though she finished 2023 with considerably less money than the rest of the pack. (Updated fundraising reports covering Jan. 1 through Feb. 14 are due Thursday evening.)

Dixon's backers at Next Generation Veteran Fund, according to OpenSecrets, have also spent considerably more than any other outside group. Liccardo and Low have each received just over $300,000 in aid from allied super PACs, while about $250,000 has been spent to boost Simitian. None of these PACs have spent in any other contests this year.

Joe Biden carried the 16th District 75-22, so there's a good chance that two Democrats will advance to the Nov. 5 general election. Indeed, the Palo Alto Daily Post writes that one of the two Republican candidates, self-described "small business owner" Karl Ryan, appears to have done no campaigning and has an AI-generated website that "includes made-up quotes from made-up people, and a single photo of Ryan with what appears to be his family."

CO-04: Colorado Politics' Ernest Luning writes that most of the 11 Republicans campaigning to replace retiring GOP Rep. Ken Buck say they'll try to reach the June 25 primary ballot both by collecting signatures and by competing at the party convention. (We explain Colorado's complex ballot access process here.)

The only candidate who appears to have said he'll only take part in the convention, which usually occurs in early April, is former state Sen. Ted Harvey. Logan County Commissioner Jerry Sonnenberg, meanwhile, said at a debate that he's currently only going the convention route but held open the possibility of also gathering signatures.

MN-03: Former state judge Tad Jude announced this week that he'd seek the GOP nod to replace Democratic Rep. Dean Philips, who is continuing on with his quixotic bid for president. But Jude, who has a political career stretching back five decades, may be tilting at windmills himself: While Republicans were the dominant party in this highly educated suburban Twin Cities seat before Donald Trump entered the White House, Joe Biden carried the 3rd District 60-39 in 2020.

Jude was elected to the legislature as a 20-year-old Democrat in 1972, and he still carried that party label in 1992 when he narrowly failed to unseat Rep. Gerry Sikorski in the primary for the 6th District. (Sikorski went on to badly lose reelection to Republican Rod Grams.) Jude soon switched parties and claimed the 1994 GOP nod to replace Grams, who left to wage a successful Senate campaign, but he lost a tight general election to Democrat Bill Luther.

After decisively losing a rematch against Luther two years later, Jude eventually returned to elected office by winning a packed 2010 race for a local judgeship. He left the bench ahead of the 2022 elections to campaign for attorney general, and he responded to his defeat at the GOP convention by switching to the race for Hennepin County prosecutor. That effort, though, also ended after Jude took fourth place in the nonpartisan primary.

MO-03: The Missouri Scout's Dave Drebes reports that state Rep. Justin Hicks has filed FEC paperwork for a potential campaign to replace his fellow Republican, retiring Rep. Blaine Luetkemeyer.

The site also has a candidate tracker for the August GOP primary, and it identifies three names we hadn't heard before as "considering": Cole County Prosecutor Locke Thompson, former state House Speaker Rob Vescovo, and state Rep. Tricia Byrnes. The Scout also lists in the "OUT" column state Sen. Tony Luetkemeyer (whom Drebes has said is the congressman's cousin "of some indeterminate distance") and state Senate President Pro Tem Caleb Rowden. The filing deadline is March 26.

NY-26: Republican leaders nominated West Seneca Supervisor Gary Dickson on Wednesday as their candidate for a difficult April 30 special election to succeed former Democratic Rep. Brian Higgins. Dickson, who was chosen a day before the deadline to pick nominees, will take on Democratic state Sen. Tim Kennedy in a Buffalo area constituency that Joe Biden carried 61-37 in 2020. (Democrats tapped Kennedy in mid-January.)

However, the two men may not have the ballot to themselves. Former Grand Island Town Supervisor Nate McMurray, who was the Democrats' nominee three straight times in the now-defunct 27th District, is trying to collect enough signatures to appear on the ballot as an independent. McMurray previously announced that he would campaign for a full term in the June Democratic primary.

PA-10: EMILYs List on Wednesday endorsed former local TV anchor Janelle Stelson ahead of the six-way April 23 Democratic primary to take on far-right Rep. Scott Perry. Only one other Democrat, however, finished 2023 with a six-figure bank account. Marine veteran Mike O'Brien led Stelson $186,000 to $140,000 in cash on hand, while former local public radio executive Blake Lynch was far back with $22,000.

Perry, for his part, had $547,000 available to defend himself. This seat, which is based in the Harrisburg and York areas, favored Donald Trump 51-47 in 2020.

TN-07: Music video producer Robby Starbuck tells The Tennessee Journal's Andy Sher that he's interested in running to replace retiring Republican Rep. Mark Green in the 7th District, though whether he can even appear on the August GOP primary ballot may not be up to him.

Starbuck campaigned for the neighboring 5th District in 2022 three years after relocating from California to Tennessee, but party leaders ruled that he was not a "bona fide" Republican because he hadn't yet voted in enough primaries in his new home state.

Starbuck unsuccessfully went to court to challenge the GOP for keeping his name off the ballot, but that move may have ended his hopes for future cycles: The state Republican Party passed new by-laws last month stating that any person who's sued the party cannot appear on a primary ballot for the ensuing decade.

Party chair Scott Golden informs Sher that GOP leaders could grant Starbuck the waiver they denied him two years ago, which would allow him to compete in the primary for the 7th District. Still, Golden added that he believed the would-be candidate's primary voting record still prevented him from meeting the regular definition of a "bona fide" Republican.

Sher also reports that state Sen. Kerry Roberts is reportedly interested in seeking the GOP nod if her colleague, Bill Powers, stays out of the race. The candidate filing deadline is April 4.

WA-05: Spokane County Treasurer Michael Baumgartner, a Republican who previously said he was considering competing for this conservative open seat, tells the Washington State Standard he is "receiving overwhelming support to run and could likely make an announcement early next week." He even listed his campaign's likely co-chairs, including Dino Rossi, who was the unsuccessful GOP nominee for competitive races for governor, the Senate, and the 8th Congressional District over the past two decades.

Mayors & County Leaders

Maricopa County, AZ Board of Supervisors: Far-right Rep. Debbie Lesko confirmed Tuesday that she would run for the seat on the Maricopa County Board of Supervisors held by incumbent Clint Hickman, a fellow Republican who is retiring following years of harassment from Big Lie spreaders. We took a detailed look at the elections for the five-member body that leads Arizona's largest county in our story previewing a possible Lesko bid earlier this week.

Ad Roundup

Campaign Action

Morning Digest: Democrats spend big to pick preferred GOP opponent in Montana primary

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

Subscribe to The Downballot, our weekly podcast

Leading Off

MT-Sen: Republican Rep. Matt Rosendale has now all but announced that he'll seek a rematch with the man who beat him in 2018, Democratic Sen. Jon Tester—news that brought smiles to Democrats and angst to the NRSC and its allies.

The GOP establishment is all-in for wealthy businessman Tim Sheehy, but Democrats have already spent millions on messaging designed either to knock Sheehy out in the June 4 primary or damage him for the general election.

But Sheehy might be his own worst enemy. News of a 2019 plane crash involving the death of a pilot and the injury of a teenager on the ground resurfaced Friday after Politico reported that someone identified as "Timothy Sheehy" listed "plane crasher" as his occupation when making political donations. And there's reason to think this wasn't the work of a troll with money to burn.

Read Jeff Singer's piece for much more on the unfolding race between two flawed Republicans—including why Rosendale's alliance with Florida's most infamous congressman helps explain why Democrats would still rather face him again.

4Q Fundraising

  • NE-02: Don Bacon (R-inc): $780,000 raised, $1.5 million cash on hand; Tony Vargas (D): $552,000 raised
  • PA-10: Janelle Stelson (D): $282,000 raised
  • NC-AG: Jeff Jackson (D): $2 million raised (in two months)

Senate

WV-Sen: Disgraced coal baron Don Blankenship decided to add "perennial candidate" to his résumé on Friday when he filed to run as a Democrat for West Virginia's open Senate seat.

The state Democratic Party quickly made it clear it wanted nothing to do with Blankenship, who spent a year in prison in connection to the 2010 explosion that killed 29 miners at one of his properties. "Blankenship, or as he’ll forever be known, federal prisoner 12393-088, lost a previous race for U.S. Senate when he ran as a Republican," said chairman Mike Pushkin. "He followed that up with a failed race for president running on the Constitution Party ticket," Pushkin noted.

House

CO-05: Former Colorado Secretary of State Wayne Williams said on Friday that he would not enter the GOP primary to succeed retiring Rep. Doug Lamborn but would instead endorse conservative radio host Jeff Crank.

IN-08: State Sen. Mark Messmer on Thursday became the first elected official to announce a bid to replace retiring Rep. Larry Bucshon, a fellow Republican. Messmer previously served as the chamber's majority floor leader, but he set his sights higher in 2022 when he challenged Senate President Pro Tem Rodric Bray for the top job. Bray prevailed, though, and the Indiana Capital says that Messmer lost his leadership positions afterward.

MD-02: Rep. Dutch Ruppersberger on Friday became the first Democratic congressman to announce his retirement in the new year. His decision marks the close of a long career that saw Ruppersberger rise high in Old Line State politics―though not quite as high as he had envisioned.

  • Going Dutch. Ruppersberger was elected Baltimore County executive in 1994, and he seemed primed to run for governor in 2002. However, his troubles at home, including an embarrassing loss at the ballot box for a measure he'd supported, kept him out of the contest.
  • "Ruppersberger facing uphill battle." The termed-out executive still got his chance to run for higher office that same year after Democrats in the legislature redrew the congressional map, but he had to go through an unexpectedly bruising primary just two months before a general election showdown with former Republican Rep. Helen Bentley—one he was no longer expected to win.
  • Not going way down in the hole. It would take more than a decade before Ruppersberger finally put his gubernatorial ambitions to rest. However, he quickly became so secure in Congress that even the most famous politician on "The Wire" wouldn't challenge him.

Check out Jeff Singer's piece for more on Ruppersberger's career―and how one local Democrat has spent months laying the groundwork to succeed him.

NC-06: Journalist Bryan Anderson reported Thursday that Speaker Mike Johnson has yanked back his endorsement of former Rep. Mark Walker, though Walker claims the reversal actually happened several months ago.

The former congressman tells The News & Observer that Johnson backed him before becoming speaker in October but then notified him the following month that he would now be neutral in the March 5 Republican primary. Walker also showed the paper a text that reporter Danielle Battaglia says "seemingly confirms" he was Johnson's initial pick.

However, Johnson, at least, did in fact support Walker at some point. Not so, however, with another member of Congress whose endorsement Walker has claimed. Walker has posted on social media that he had the backing of Oklahoma Sen. Markwayne Mullin, but the senator's staff now tells N&O that no such endorsement ever happened. "I don’t know what’s going on," said Mullin's chief of staff.

NJ-07: Summit Councilman Greg Vartan announced Thursday that he was dropping out of the Democratic primary to take on Republican Rep. Tom Kean Jr. Vartan's departure leaves former Working Families Party state director Sue Altman and former State Department official Jason Blazakis as the only notable candidates competing in the June 4 nomination contest.

NY-16: The House Ethics Committee announced Thursday that it was ending its probe into Democratic Rep. Jamaal Bowman for pulling a fire alarm at the Capitol in September. The body said that it would not sanction the congressman even though it found his explanations about the incident "less than credible and otherwise misleading," adding that he "failed to take appropriate steps to mitigate the risk of unnecessary harm."

Bowman, who has insisted he believed the alarm would open a locked door as he was "rushing to a vote," pleaded guilty in October for "willfully or knowingly" instigating a false alarm. The case was dismissed Thursday after it was determined that Bowman had paid his $1,000 fine and apologized to the Capitol Police. The congressman faces serious opposition in the June 25 primary from Westchester County Executive George Latimer, though the challenger did not mention the fire alarm incident in his December launch video.

Ballot Measures

OH Ballot: Republican Attorney General Dave Yost has, for the second time, rejected the proposed ballot summary for an initiative that would enshrine extensive voting access protections and policies in Ohio's constitution, which we've previously detailed.

Yost claims that the measure's proposed title, which supporters have called the "Ohio Voters Bill of Rights," is misleading, even though the amendment would, among other things, establish voting as a "fundamental right" and prohibit "any means whatsoever" that have the intent or effect of denying or unreasonably burdening the right to vote.

Proponents can revise and resubmit their summary, but this rejection further delays the start of gathering voter signatures, which must be submitted by an initial July 3 deadline to qualify for November's ballot.

Legislatures

NC Redistricting: U.S. District Judge James Dever, a George W. Bush appointee, has rejected a request to block a pair of state Senate districts in northeastern North Carolina that Black plaintiffs alleged violate the Voting Rights Act by discriminating against Black voters.

Plaintiffs quickly indicated they would appeal Dever's ruling to the 4th U.S. Circuit Court of Appeals while the case continues at the district court level. Republicans passed new gerrymanders last year and claimed the VRA no longer applied in North Carolina despite extensive evidence that voting patterns remain polarized along racial lines, particularly in rural regions such as those challenged in this case.

Grab Bag

Where Are They Now?: The Justice Department determined that former New York Gov. Andrew Cuomo sexually harassed at least 13 different women who worked in state government between 2013 and 2021, findings that were made public as part of a settlement with the governor's office. Investigators concluded that Cuomo, who resigned in disgrace amid the threat of impeachment in 2021, had created "a sexually hostile work environment" and engaged in "a pattern or practice of retaliation" after employees complained.

The agreement requires Cuomo's successor, Gov. Kathy Hochul, to institute a number of reforms to prevent future civil rights violations. They include expanding her office's human resources department and implementing policies that require complaints against the governor and "high-level" aides to be reported and investigated externally. In response to the settlement, an attorney for Cuomo issued a statement denying her client had committed sexual harassment.

Cuomo has reportedly been considering bids for Senate and for New York City mayor.

Ad Roundup

Campaign Action