Category: JanetMills

GOP wants to impeach Maine secretary who cut Trump from ballot. It won’t be easy

Posted on by Associated Press

Republicans who want to unseat Maine's secretary of state for barring former President Donald Trump from the primary ballot will face long odds impeaching a stalwart and influential Democrat whose party holds firm control over both Legislative chambers.

Shenna Bellows is the first secretary of state in history to block someone from running for president by using the U.S. Constitution’s insurrection clause. Trump, the early front-runner for the 2024 Republican presidential nomination, appealed the decision on Tuesday and is expected to soon appeal a similar ban by the Colorado Supreme Court.

As Maine lawmakers returned to the Capitol on Wednesday to begin this year's legislative session, retribution against Bellows was among the first orders of business for many Republicans. They filed an order of impeachment against her, called for her to resign and encouraged legislators to vote her out of office.

“The secretary of state has jumped in way over her boots on this one,” said Rep. Billy Bob Faulkingham, the House Republican leader.

Bellows was elected secretary of state three years ago by the Maine Legislature, and Democrats have since maintained a solid majority in both houses, meaning there's little chance those same legislators would reverse course and oust her. Bellows said Wednesday she stands by her decision to unliterally remove Trump from the state's ballot, and isn't fazed by the calls for removal.

“This is little more than political theater produced by those who disagree with my decision,” Bellows said. “I had a duty to uphold the laws and the Constitution and that's what I did. And what I will continue to do — to serve the people of Maine.”

Section 3 of the 14th Amendment prohibits those who “engaged in insurrection” from holding office. Some legal scholars say the post-Civil War clause applies to Trump for his role in trying to overturn the 2020 presidential election and encouraging his backers to storm the U.S. Capitol on Jan. 6, 2021.

However, several high-ranking Maine Republicans say they feel Bellows' action was a partisan one, and betrayed the confidence of Maine's people.

Faulkingham said during a news conference that Bellows’ decision “threatens to throw our country into chaos” by encouraging other secretaries to make arbitrary decisions about ballot access. Rep. John Andrews filed an impeachment order that he said will be on the legislative calendar next Tuesday or Thursday, and Rep. Shelley Rudnicki said on the House floor that Bellows' “behavior is unacceptable for a secretary of state” and she should resign.

Bellows, Maine's 50th secretary of state and the first woman to hold the office, ascended to the role in January 2021. She had a long history in Maine politics and liberal advocacy before that.

She grew up in rural Hancock before attending Middlebury College, and served as a Democratic state senator from 2016 to 2020. Prior to that, in 2014, she ran an unsuccessful campaign against longtime Republican U.S. Sen. Susan Collins that resulted in a fairly easy win for the incumbent, but increased Bellow's name recognition.

She was also the executive director of the American Civil Liberties Union of Maine from 2005 to 2013 and worked on drives to legalize same-sex marriage, same-day voter registration and ranked choice voting — all of which were ultimately successful.

A fake emergency phone call led to police responding to Bellows' home last week, the day after she removed Trump from the ballot. Democrats and Republicans in the state widely condemned the call, known as “swatting.” Bellows said she, her family and her staff have been the target of more harassment this week.

Democratic Gov. Janet Mills said via a spokesperson Wednesday that the efforts to impeach Bellows are “unjustified.” Mills also believes the question of whether Trump violated the 14th amendment must be answered by courts.

“Without a judicial determination on that question, she believes that the decision of whether the former President should be considered for the presidency belongs in the hands of the people,” wrote the spokesperson, Ben Goodman.

The Maine Democratic Party asserted that decisions about ballot access are part of Bellows' duties as secretary of state.

Trump appealed Bellows' decision to a Maine Superior Court. The Colorado Supreme Court also found Trump ineligible for the presidency, and that decision has been appealed to the U.S. Supreme Court.

Bellows said Wednesday that, “Should the Supreme Court of the United States make a decision that applies to the whole country, I would absolutely uphold it.”

While Maine has just four electoral votes, it’s one of two states to split them. Trump won one of Maine’s electors in 2020, so having him off the ballot there, should he emerge as the Republican general election candidate, could have outsized implications in a race that is expected to be narrowly decided.

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Morning Digest: New North Dakota initiative would bar octogenarians from Congress

Posted on by Daily Kos Elections

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

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Leading Off

● ND Ballot: North Dakota officials on Friday gave the green light to advocates for term limits to start collecting signatures for a proposed amendment to the state constitution to bar anyone older than 80 from representing the state in Congress. The measure could, however, have a tough time surviving a court challenge, though it joins a long history of conservatives testing the limits of a 1995 U.S. Supreme Court decision that held that states cannot add further qualifications to candidates for Congress beyond those outlined in the U.S. Constitution.

That 1995 ruling, known as U.S. Term Limits v. Thornton, struck down an Arkansas ballot initiative that tried to impose term limits on members of the state's congressional delegation. The court's 5-4 decision, which saw swing Justice Anthony Kennedy join the four liberal justices, explained that the only restrictions states could impose on congressional candidates were the ones spelled out in the nation's governing document: namely, a minimum (but not maximum) age, a minimum period of U.S. citizenship, and residency in the state they're seeking to represent at the time of election. Clarence Thomas, however, wrote a dissent that three fellow conservatives joined, saying he would have allowed Arkansas' law to stand.

Last year, Republicans in Tennessee decided to test whether Thomas' views might now hold sway on the Supreme Court, whose membership is now considerably further to the right than it was three decades ago. The GOP-dominated state legislature imposed a requirement that U.S. House candidates must have voted in the previous three statewide general elections to be eligible to run, a move that seemed to be aimed at blocking Morgan Ortagus, a former State Department spokesperson, from seeking the open 5th Congressional District. (Ortagus had only relocated from D.C. in 2021.)

The bill didn't apply last cycle because Gov. Bill Lee only allowed it to become law after the candidate filing deadline had passed. However, the state GOP's executive committee later used a different state law to eject Ortagus and two others from the ballot for not meeting the party's definition of a "bona fide" Republican. At least two of the plan's proponents, though, had much more than 2022 in mind, as they explicitly said they hoped the Supreme Court would overturn U.S. Term Limits. First, though, a candidate impacted by the law would have to file suit, which has not yet happened.

In North Dakota, meanwhile, organizers are seeking to collect signatures to impose a different requirement that, like Tennessee's, also isn't found in the Constitution. The proposed amendment would forbid anyone who would turn 81 before the end of their term from being elected or appointed to Congress. The measure also includes a section saying that, in the event that the courts block this maximum age limit, a "ballot advisory" would appear next to the names of congressional candidates on the ballot informing voters how old they'd be when their term would end.

The effort is being spearheaded by Jared Hendrix, a GOP party official who played a key role in electing and defending members of the legislature's far-right "Bastiat Caucus" (named after the 19th century French economist who championed free markets) and last year helped pass a term-limits measure applying to the governor and state legislators. Hendrix tells the Associated Press' Jack Dura that his group is aiming to get the measure on the June primary ballot rather than wait for next year's general election, saying, "Our plan is to aggressively and quickly gather signatures before cold weather hits."

Hendrix and his allies have until Feb. 12 to turn in about 31,200 signatures, a figure that represents 4% of the state's population (North Dakota is the only state that doesn't require voter registration) in order to meet his timeline; if they submit in their petitions later, the amendment wouldn't go before voters until November 2024. No matter what, though, it would only take a simple majority to pass the proposal at the ballot box.

Congressional elections could experience some major changes coast to coast if the Supreme Court were to chart a new course, but it wouldn't immediately impact any of the three members of the Peace Garden State's all-GOP delegation. Sens. John Hoeven and Kevin Cramer are 66 and 62, respectively, while Rep. Kelly Armstrong is 46. Of course, many members of Congress have served (or currently serve) into their 80s and even beyond: Texas Rep. Ralph Hall was 91 when his career came to an end, while South Carolina Sen. Strom Thurmond remained in office until he was 100.

Senate

● MI-Sen: GOP Rep. Lisa McClain told The Detroit News Wednesday that she's decided not to seek Michigan's open Senate seat.

● NV-Sen: An unnamed source tells NBC that Jeffrey Ross Gunter, who had a turbulent tenure as Trump's ambassador to Iceland from 2019 to 2021, plans to launch a bid against Democratic Sen. Jackie Rosen sometime early next month. Gunter would join a GOP primary that includes Army veteran Sam Brown, whose kickoff this month came as welcome news to the NRSC, and Jim Marchant, the Big Lie spreader who narrowly lost last year's race for Nevada secretary of state.

Governors

● IN-Gov: Howey Politics wrote Thursday that it anticipates outgoing state Commerce Secretary Brad Chambers will join the GOP primary "[s]ometime between now and Labor Day."

● NC-Gov: Though term-limited Gov. Roy Cooper had previously declined to endorse Josh Stein to succeed him next year, he told a recent gathering of the Democratic Governors Association that one of his priorities is "getting North Carolina's Attorney General Josh Stein elected," in the words of Punchbowl News. Stein remains the only notable Democrat in the race for governor, but last month, Supreme Court Justice Mike Morgan, who is retiring from his current post, said that he's considering a bid. Cooper's comments might therefore be a subtle message that he'd prefer to see Stein avoid any competition in the primary, or that he'd be willing to help him secure the nomination if he does get company.

House

● CA-22: Democratic state Sen. Melissa Hurtado on Wednesday filed FEC paperwork for a potential campaign against GOP Rep. David Valadao. Hurtado would join a top-two primary that includes 2022 nominee Rudy Salas, who lost a tight and expensive race last time: Politico notes that Salas enjoys the support of the number-three Democrat in the House, 33rd District Rep. Pete Aguilar, for his second try.

● CO-03: Grand Junction Mayor Anna Stout announced Wednesday that she'll seek the Democratic nod to take on far-right Lauren Boebert, a move that comes months after 2022 nominee Adam Frisch launched his second bid after coming shockingly close to victory. Stout was elected in 2019 to the city council for this 68,000-person community where Trump won roughly 56-41 in 2020, and her colleagues chose her to serve a second one-year term as mayor in April. Colorado Public Radio also adds that she has "developed a reputation as a moderate lawmaker."

Stout will be in for an expensive fight against Frisch, who hauled in a massive $2.6 million during the second quarter of the year and finished June with $2.5 million in the bank. Boebert, who fended Frisch off by all of 546 votes last year, took in $810,000 during this time and had $1.4 million on-hand. Donald Trump carried this western Colorado district 53-45, but Democrats are hoping Boebert's tough race last year means she'll be in for another serious fight in 2024.

● NH-01: Former Executive Councilor Russell Prescott on Thursday became the first notable Republican to launch a campaign against Democratic Rep. Chris Pappas, an announcement that came less than a year after Prescott badly lost the 2022 primary for this eastern New Hampshire constituency. He's likely to once again face intra-party opposition, though, in a longtime swing seat that favored Joe Biden 52-46.

Prescott is a longtime Granite State politician who won reelection to the state Senate in the 2002 general election by fending off none other than now-Sen. Maggie Hassan; Hassan unseated him in their 2004 rematch, but Prescott reclaimed his seat by riding the 2010 red wave to victory in their third and final bout. (Hassan herself bounced back in 2012 by winning the governorship.) Prescott made the jump to the powerful Executive Council in 2016 and narrowly won re-election two years later before retiring in 2020.

Prescott tried to return to elected office last cycle when he kicked off his campaign to take on Pappas, who had served with him on the Executive Council during his first term, just three-and-a-half months before the primary, but things did not go well. The candidate, whose $350,000 loan accounted for most of his budget, struggled to gain traction in a 10-way contest dominated by 2020 nominee Matt Mowers and election denier Karoline Leavitt: Leavitt beat out Mowers 34-25, with former TV reporter Gail Huff Brown taking 17% and Prescott lagging in fourth place with just 10%. Republicans hoped that another red wave would wash up, but Pappas instead beat Leavitt by a convincing 54-46.

● NY-22: GOP Rep. Brandon Williams' office said Wednesday that the congressman was back in the hospital due to a "complication" following the heart bypass surgery he received two weeks ago. Williams' team added that he would be absent from the House "for the remainder of the week."

● RI-01: The State Board of Elections put out a statement Wednesday saying it would not review any signatures from Lt. Gov. Sabina Matos' campaign, declaring, "Local boards did their job, verifying signatures, rejecting signatures, identifying a subset of rejected signatures as potentially fraudulent, and referring these to state and local law enforcement for criminal investigation." The state attorney general's office is investigating allegations that Matos' team submitted fraudulent petitions, but the Board of Elections argues she still turned in more than enough valid signatures to appear on the crowded Sept. 6 special Democratic primary ballot.

Meanwhile, former state Rep. Aaron Regunberg has begun what his team tells WPRI's Ted Nesi is a $300,000 TV buy through Election Day, which is the most that anyone has committed to spending on the airwaves. Regunberg's two inaugural spots (here and here) tout him as an effective progressive who "took on the old guard" and touts his support for Medicare for All and a Green New Deal. The latter ad also informs viewers that Vermont Sen. Bernie Sanders is backing Regunberg, an endorsement that became public the same day the spots debuted.

Nesi relays that Matos and former Biden administration official Gabe Amo, who each began their own opening buys, have spent or booked $280,000 and $215,000, respectively. Nesi adds that a fourth candidate, clean energy investor Don Carlson has increased his broadcast TV budget to $240,000 and will start advertising on Tuesday rather than in mid-August as he originally planned. Navy veteran Walter Berbrick has yet to launch any spots, though he did secure an endorsement from VoteVets this week.

Secretaries of State

● OR-SoS: State Treasurer Tobias Read, who lost last year's Democratic primary for governor to Tina Kotek 56-32, this week became the first notable candidate to launch a bid for secretary of state. The post is held by LaVonne Griffin-Valade, whom Kotek appointed in late June after Democratic incumbent Shemia Fagan resigned in May following her admission that she'd been doing paid consulting work for a cannabis company at a time when her office was finishing an audit into how the state regulates such businesses. The Oregon Capitol Chronicle writes that Griffin-Valade "has said she doesn't plan to run for a full term," though there's no quote from her.

Because Oregon is one of a few states that lack a lieutenant governor’s office, the secretary of state is normally first in line to succeed the governor if the latter office becomes vacant. However, because that provision only applies to elected secretaries, Read took over the top spot in the line of succession once Fagan resigned, and if he’s elected secretary of state next year, he would remain first in line despite switching offices.

Ballot Measures

● ME Ballot: Democratic Gov. Janet Mills unexpectedly announced Wednesday that a referendum to replace Maine's current state flag with one that was in use from 1901 to 1909 will take place in November 2024 rather than this fall. Mills was able to delay the referendum by not signing or vetoing the bill authorizing the vote, a move that ensured it would only take effect when the legislature reconvenes in January. "Rather than sign the bill and rush the question to ballot in little more than three months, she will … allow time for robust public debate and discussion on all sides of the issue," her team explained.

Maine's existing flag features, in the words of the Associated Press, "the state's coat of arms, which includes a pine tree, a moose, a seafarer and a lumberjack, against a blue background." The 1901 design, by contrast, shows just a green pine tree and blue star across a yellow backdrop, which proponents argue makes for a more distinctive image. Critics of the existing flag also argue that the design is far too cluttered.

However, as the Boston Globe recently explained, the fight over what flag to fly goes far beyond aesthetic preferences. "They want to take the farmer and the fisherman off the flag, to disappear them," a supporter of the status quo told the paper, continuing, "and to me that’s like what’s been done to the lobstermen and the fishermen in real life, over-regulating them and making it harder if not impossible to make a living."

Mayors and County Leaders

● Houston, TX Mayor: The University of Houston is out with the first poll anyone has released since Rep. Sheila Jackson Lee launched her campaign four months ago, and it finds that, while she's well-positioned to advance to a runoff with state Sen. John Whitmire, she'd be the underdog against her fellow Democrat in a second round.

The school first looks at the Nov. 7 nonpartisan primary to succeed termed-out Democratic Mayor Sylvester Turner and has Whitmire and Jackson Lee taking 34% and 32%, respectively, with former METRO board chair Gilbert Garcia a very distant third with just 3%. U of H, though, shows Whitmire defeating the congresswoman 51-33 in a runoff. (The date has not yet been scheduled.)

While both the frontrunners are longtime Democratic officeholders in this blue city, the school shows Whitmer, who has sided with the GOP on multiple votes against bail reform, winning over Republican voters by an astounding 88-2 as independents back him 60-18. Jackson Lee, who reliably votes with her party in D.C., carries Democrats 55-28, but U of H says that's far from enough.

● Nashville, TN Mayor: Former city economic development chief Matt Wiltshire and state Sen. Jeff Yarbro each earned a big-name endorsement Wednesday with about a week to go before the Aug. 4 nonpartisan primary to succeed retiring Mayor John Cooper. In Wiltshire's corner is Davidson County Sheriff Daron Hall, of whom the Nashville Banner writes, "If there is any vestige of a political machine left in the county, it belongs to Hall."

Yarbro, meanwhile, has the support of former Rep. Jim Cooper, who represented the entire city in Congress from 2003 until he left office early this year after Republican mapmakers passed an aggressive new gerrymander. Cooper is the brother of the current mayor, who has not yet taken sides. A GBAO Strategies survey taken July 17-19 for the Tennessee Laborers PAC, which doesn't appear to have taken sides in the crowded contest, also finds both Wiltshire and Yarbro locked in a tight race along with GOP strategist Alice Rolli for the second spot in the all-but-certain Sept. 14 runoff.

Council member Freddie O'Connell, who has emphasized his opposition to John Cooper's successful drive this year to fund a new stadium for the Tennessee Titans, is a clear first with 21%. Rolli, who is the only notable Republican in the running, holds a tiny 13-12 edge over Yarbro for second, with Wiltshire at 10%. State Sen. Heidi Campbell and Council member Sharon Hurt respectively take 8% and 6%, with 4% going to Davidson County Property Assessor Vivian Wilhoite.

We've seen just one other survey this month, a Music City Research survey taken July 5-6 that put O'Connell at 22% as Wiltshire led Rolli 17-13 for second. As we've noted before, that pollster is affiliated with a firm run by one of O'Connell's supporters, fellow Metro Council member Dave Rosenberg: Rosenberg told us earlier this month that this survey was paid for by a "private entity" that, as far as he was aware, was not backing or opposing anyone.

● Wichita, KS Mayor: Campaign finance reports are in ahead of Tuesday's nonpartisan primary for mayor, and former TV reporter Lily Wu outpaced Democratic incumbent Brandon Whipple and the other contenders in the period spanning Jan. 1 through July 20. The two candidates who earn the most votes next week will compete in the Nov. 7 general election.

Wu, who switched her party affiliation from Republican to Libertarian last year, hauled in $207,000 thanks in large part to what KMUW's Kylie Cameron says are big donations from "prominent Wichita business leaders," and she finished with $88,000 available for the home stretch. Wu also has the support of Americans for Prosperity, which is part of the Wichita-reared Koch family's conservative political network (Koch Industries remains headquartered here); however, since these reports don't cover outside spending, it's not clear what it's doing to aid her.

GOP City Council member Bryan Frye, meanwhile, outraised Celeste Racette, a Democrat turned independent who leads a group advocating for the historic performance venue Century II, $93,000 to $39,000, and he went into the final weeks with a $26,000 to $4,000 cash-on-hand advantage. Whipple, by contrast, brought in $35,000, while he had $28,000 in the bank.

Prosecutors and Sheriffs

● Cook County, IL State's Attorney: Eileen O'Neill Burke, who retired this month as a local appellate court justice, announced this week that she was joining next year's party primary to succeed her fellow Democrat, retiring incumbent Kim Foxx, as the top prosecutor for America's second-most populous county. Burke, who pitched herself as "a steady hand at the wheel," is the second candidate to launch after attorney Clayton Harris, who has the backing of Cook County Board President Toni Preckwinkle.

Morning Digest: Senate GOP has a big ad spending edge, but Democrats get more ‘bang for their buck’

Posted on by Daily Kos Elections

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

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Leading Off

● Senate: NBC reports that Republicans have outspent Democrats $106 million to $93 million over the last three weeks across the nine Senate battlegrounds, but, because so many GOP candidates are relying on super PACs to make up for their underwhelming fundraising, they aren't getting as much "bang for their buck" as their rivals. That's because, as we've written before, FCC regulations give candidates—but not outside groups—discounted rates on TV and radio.

Perhaps no race better demonstrates this in action than the Arizona Senate race. The GOP firm OH Predictive Insights relays that during the week of Sept. 19, Democratic Sen. Mark Kelly and his allies outspent Republican Blake Masters' side 52-48 in advertising. Anyone just looking at raw dollar amounts would conclude that the two parties aired about the same number of ads during this period, but that's not the case at all. In reality, Kelly's side had a 4-1 advantage in ​​gross ratings points, which measure how many times, on average, members of an ad's target audience have seen it.

Republicans can blame Masters, whom NBC says has spent all of $9,000 on ads during most of September, for much of the imbalance. The Senate Leadership Fund last week canceled all its planned ad time in Arizona while arguing that other super PACs would step in, and this data shows why Masters badly needs this prediction to finally come true.

Outside groups, though, can still air more ads than well-funded candidates if they're willing and able to spend massive amounts the way the GOP is in Ohio. Cleveland.com's Andrew Tobias reports that Republicans are airing 20% more commercials than their Democratic foes in the Buckeye State after spending or reserving almost three times as much. Democrat Tim Ryan, writes Tobias, is responsible for 83% of the ads coming from his side compared to just 8% for Vance, but the Senate Leadership Fund has committed $28 million here to bail out its underwhelming nominee.

Senate

● NC-Sen: Both Democrat Cheri Beasley and her allies at Senate Majority PAC are airing new commercials charging that when Republican Ted Budd's farm company, AgriBioTech, went bankrupt in 2000, it chose to repay itself rather than pay back the small farmers and creditors it owed millions to. "The Budds took $10 million and left over 1,000 farmers holding the bag," Beasley's narrator argues, while SMP declares, "One grower said, 'we were the little guy,' 'we got screwed.'"

The story was first reported last year by the Washington Post's Michael Kranish, who wrote that "a trustee for farmers and other creditors alleged that his [Budd's] father, Richard Budd, improperly transferred millions of dollars in assets to his family, including Ted Budd." The candidate was not an official at ABT, though the story identifies him as a "significant shareholder." The trustee, which named him as a defendant in their civil case, also accused Budd of having "acted in concert" with his father "in connection with the fraudulent transfers."

The matter was ultimately settled in 2005, with Kranish saying that the "Budd entities" agreed to pay "less than half of the amount initially earmarked for the farmers and other creditors" without admitting to any wrongdoing. The settlement left some bad feelings, though, with one Wyoming farmer telling the Post, "We got screwed and there was not a freaking thing we could do about it. There was no way to fight multimillionaires."

Richard Budd, who became chief executive of ABT after it bought his family's seed company, defended the candidate to Kranish, arguing, "Your attempts to tie my son to this business are dishonest and offensive. I wish my personal efforts to save ABT had been successful, but they were not." Ted Budd's campaign also denied any wrongdoing, saying the trustee's claims were "untrue allegations that are typical in that sort of litigation."

Budd and his allies at the Senate Leadership Fund, meanwhile, are each running commercials arguing that Beasley wants 87,000 more IRS agents, which continues to be a popular line of attack in GOP ads across the country. As we've written before, the agency reportedly will use the funds provided by the Inflation Reduction Act to replace many of the nearly 50,000 of its employees who could retire over the next five years. Many of the thousands of newly created IRS jobs beyond those positions would be in customer service and information technology.

And while the SLF has run ad after ad accusing Democrats of hating the police, its own commercial features menacing footage of what NBC says is "police raids and special agents at a gun range." Those videos accompany the narrator's prediction that "Beasley's gonna knock on your door with an army of new IRS agents" and that she "backs the liberal scheme to spend billions auditing the middle class, sending the IRS beast to collect her taxes on working families."

However, even Trump-appointed IRS Director Charles Rettig has stated that the agency would not crack down on those making less than $400,000, explaining that the beefed up enforcement of tax evasion would only target corporations and the richest 1-2% of households.

● PA-Sen: John Fetterman is airing another commercial pushing back on Republican Mehmet Oz and his allies' ads hitting the Democrat's work as head of the state Board of Pardons, which has been the GOP's favorite line of attack in the general election.

"Here's the truth: John gave a second chance to those who deserved it―nonviolent offenders, marijuana users," Montgomery County Sheriff Sean Kilkenny tells the audience, continuing, "He voted with law enforcement experts nearly 90% of the time. He reunited families and protected our freedom―and he saved taxpayer money." Kilkenny adds, "Dr. Oz doesn't know a thing about crime. He only knows how to help himself."

The GOP, though, is trying to push a very different line. Some of the party's favorite targets have been Lee and Dennis Horton, brothers who spent 27 years in prison after being convicted of second degree murder. The two in 1993 gave a ride to a friend named Robert Leaf who had just killed someone in a robbery, though they have always maintained that they didn't know Leaf had just committed murder. Gov. Tom Wolf last year commuted the Hortons' life sentences after Fetterman and prison officials championed their case, and the two went on to take jobs on Fetterman's Senate campaign.

Oz's campaign, though, has been happy to try to turn them into a liability for their boss, saying, "If John Fetterman cared about Pennsylvania's crime problem, he'd prove it by firing the convicted murderers he employs on his campaign." Fetterman, for his part, told the New York Times that if Republicans "destroy" his political career for advocating for people like the Hortons, "then so be it."

● Polls:

AZ-Sen: Suffolk University for the Arizona Republic: Mark Kelly (D-inc): 49, Blake Masters (R): 42, Marc Victor (L): 2

NC-Sen: GSG (D) for Cheri Beasley: Cheri Beasley (D): 46, Ted Budd (R): 46 (May: 45-45 tie)

OH-Sen: Siena College for Spectrum News: Tim Ryan (D): 46, J.D. Vance (R): 43

PA-Sen: InsiderAdvantage (R) for WTXF-TV: John Fetterman (D): 45, Mehmet Oz (R): 42

PA-Sen: Marist College: Fetterman (D): 51, Oz (R): 41

Governors

● PA-Gov: Campaign finance reports covering the period of June 7 to Sept. 19 are out, and they show that Democrat Josh Shapiro's $25.4 million haul utterly dwarfed the $3.2 million that Republican Doug Mastriano took in. Shapiro goes into the final weeks with a $10.9 million to $2.6 million cash-on-hand edge over Mastriano, who still has not so much as reserved any TV time and who recently lamented he's "[r]eally not finding a lot of support from the national-level Republican organizations."

P.S. Politico's Holly Otterbein flags that Mastriano received a $500 donation from Andrew Torba, the founder of the white supremist social network Gab. That's still far less than the $5,000 that Mastriano paid Gab in April for "campaign consulting," though.

● Polls:

AZ-Gov: Suffolk University for the Arizona Republic: Katie Hobbs (D-inc): 46, Kari Lake (R): 45

CT-Gov: Western New England University for CTInsider and WFSB: Ned Lamont (D-inc): 55, Bob Stefanowski (R): 40

ME-Gov: University of New Hampshire: Janet Mills (D-inc): 53, Paul LePage (R): 39, Sam Hunkler (I): 1

OH-Gov: Siena College for Spectrum News: Mike DeWine (R-inc): 55, Nan Whaley (D): 32

PA-Gov: InsiderAdvantage (R) for WTXF-TV: Josh Shapiro (D): 52, Doug Mastriano (R): 37

PA-Gov: Marist College: Shapiro (D): 53, Mastriano (R): 40

Quinnipiac University last week gave Lamont a similar 57-40 lead in its home state.

Early September numbers from the progressive Maine People's Resource Center showed Mills up 49-38 in a race that hasn't gotten much attention from pollsters.

House

● MT-01: Democrat Monica Tranel has publicized an internal from Impact Research that shows her trailing Republican Ryan Zinke only 45-43 in this newly-created seat in the western part of the state. This is the first poll we've seen from this 52-45 Trump constituency.

● House: The Washington Post reports that top allies of House Minority Leader Kevin McCarthy were involved in a serious effort to deny the GOP nod to several House candidates they feared would either threaten his power or prove to be weak general election candidates, a drive the paper says they concealed during the primaries by sending cash "from top GOP donors through organizations that do not disclose their donors or have limited public records."

Their most prominent target was North Carolina Rep. Madison Cawthorn, who was a massive pain even before the far-right freshman claimed that an unidentified colleague had invited him to an "orgy" and that he'd witnessed prominent conservatives doing "a key bump of cocaine." Cawthorn lost renomination to state Sen. Chuck Edwards after a group called Results for N.C. spent $1.7 million against the incumbent, and the Post writes that two McCarthy allies were part of its effort.

The paper adds that the minority leader's people were involved in the successful drives to block Anthony Sabatini in Florida's 7th District and Carl Paladino in New York's 23rd, who were each attacked by a newly-established group called American Liberty Action PAC. Both men blamed McCarthy for what happened, and the Post writes that his allies were indeed working to stop them: "They would have been legislative terrorists whose goal was fame," explained one unnamed source.

The Congressional Leadership Fund, which is close to the GOP leadership, also openly got involved in several more primaries, though it got decidedly mixed results for the $7 million it spent. CLF's ads helped secure general election berths for California Reps. Young Kim and David Valadao; Mississippi Rep. Michael Guest; and Nevada Rep. Mark Amodei. CLF also managed to advance Morgan Luttrell through the primary for Texas' open 8th District over a candidate backed by the troublesome Freedom Caucus, while it spent $40,000 on get out the vote calls for Florida Rep. Daniel Webster.

The super PAC, though, failed to get its preferred nominees across the finish line elsewhere. In Arizona's 4th, restaurateur Kelly Cooper overcame $1.5 million in CLF spending meant to ensure that establishment favorite Tanya Wheeless was Democratic Rep. Greg Stanton's rival instead. Democrats have since launched commercials faulting Cooper for, among other things, having "compared federal law enforcement agents to Nazis and the Gestapo."

CLF also fell short in its efforts to block Karoline Leavitt in New Hampshire's 1st and Brandon Williams in New York's 22nd, while another organization it funded couldn't prevent Joe Kent from beating out Washington Rep. Jaime Herrera Beutler in the top-two primary.

But CLF's worst failure is arguably in North Carolina's 1st District where its $600,000 offensive wasn't enough to stop Sandy Smith. Democrats have spent the general election running commercials focusing on the abuse allegations that surfaced against her during the May primary, including a new spot highlighting how her daughter and two former husbands have accused her of domestic violence.

Obituaries

● Mark Souder: Indiana Republican Mark Souder, who was elected to the House during the 1994 red wave but resigned in 2010 after revealing an affair with a staffer, died Monday at the age of 72. Souder, who was perhaps best known for his advocacy of abstinence education, was an ardent conservative, though he defied his party leaders in two notable occasions early in his career: Souder was part of the failed 1997 revolt against Newt Gingrich, and he voted against two of the four articles of impeachment against President Bill Clinton the next year.

Souder got his start as an aide to then-Rep. Dan Coats, and in 1994 he decisively won a six-way primary to reclaim the Fort Wayne-based 4th District that Coats had once represented. Souder’s opponent was Democratic incumbent Jill Long Thompson, who pulled off a big upset in the 1989 special to replace Coats after he was appointed to replace Vice President Dan Quayle in the Senate. However, while Thompson had convincingly won her next two terms, the terrible climate for her party powered Souder to a 55-45 win in this historically Republican area.

Souder quickly became entrenched in his new seat, which was renumbered the 3rd District in the 2002 round of redistricting: The congressman only failed to win by double digits once when he turned back Democrat Tom Hayhurst 54-46 during the 2006 blue wave. However, Souder became a tea party target in 2010 after supporting the 2008 Troubled Asset Relief Program and later the Obama administration’s Cash for Clunkers program.

Souder ended up turning back self-funding auto dealer Bob Thomas by an unimpressive 48-34 margin, but he had very little time to enjoy his win. Just weeks later, the married congressman announced, “I sinned against God, my wife and my family by having a mutual relationship with a part-time member of my staff,” and that he’d be resigning over the scandal. Souder, whose marriage survived the ordeal, never ran for office again, though he became a regular columnist for the Indiana tip-sheet Howey Politics and wrote extensively about Fort Wayne’s local TV and baseball history.

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Morning Digest: Why an attack ad is sometimes just an attack ad

Posted on by Daily Kos Elections

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

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Leading Off

● MI-Gov: With less than a week to go before the primary, a DGA-backed group is spending a reported $2 million to attack Republican Tudor Dixon, but the effort doesn't appear to be the sort of now-common Democratic meddling in GOP nominating contests for a few reasons.

For starters, the ads that Put Michigan First is running are legit attacks—they hammer Dixon for a plan to cut the state's income tax that would mean "less cops on the street"—not the "Joe Schmendrick is too conservative!" subterfuge you typically see. There's also nothing to suggest that Dixon's chief rival, businessman Kevin Rinke, is more problematic and less electable. In fact, he's the only Republican candidate who hasn't fully embraced the Big Lie, and an independent survey earlier this month showed Rinke and Dixon turning in virtually identical—and equally poor—performances against Democratic Gov. Gretchen Whitmer.

Put Michigan First has also hit Dixon before, as part of an ad savaging every candidate in the field, Rinke included: Dixon was dinged as "an actress in low-budget horror movies"—one film "featured two people having sex in a bathroom stall and a zombie biting a man's genitals"—while Rinke was branded "a car salesman sued for harassment"; more on that here.

The DGA ran a similar campaign in Nevada tagging frontrunner Joe Lombardo as weak on crime before his primary, a move that was widely interpreted at the time as Democrats once again trying to pick their opponent. But as in Michigan, the DGA didn't try to elevate a specific alternative. One unnamed insider said of Lombardo, "If he doesn't make it through the primary, then we've knocked out what is seen as the front-runner," suggesting that there was still a benefit to the gambit even if Lombardo prevailed—by weakening the ultimate nominee with an attack that would speak to a broad range of the political spectrum.

So too with Dixon, who's the closest thing Michigan Republicans have to a frontrunner of their own after an extremely messy race that saw multiple major contenders booted off the ballot for petition fraud. Recent polls have given Dixon a small lead over Rinke, including a brand new one from Republican pollster Mitchell Research for MIRS News that has her up 28-22, and the powerful DeVos family is in her corner. Donald Trump has also praised her in the past, and the Detroit News recently reported that she's "viewed as the top contender for Trump's possible endorsement," though he hasn't backed her yet.

Democrats may therefore be seeking to bang up Dixon chiefly to wound her if she does win the primary, but if they cause her to stumble and hand the nomination to Rinke or another wannabe, so much the better.

The Downballot

● Whoa, mama! August has so, so many juicy primaries on tap, which is why we've brought Daily Kos Elections Editor Jeff Singer back to discuss all the best races for this week's edition of The Downballot. There's the GOP battle for Arizona's governorship, where Trump's pick has been absolutely slayed by her drag queen ex-friend; two pro-impeachment Republicans in Washington state trying to keep their political careers alive; a heavyweight battle between two 30-year veteran incumbents in New York City; and lots, lots more.

Co-host David Nir recaps the back-to-back dropouts in Wisconsin's Democratic primary for Senate that have solidified Lt. Gov. Mandela Barnes as the undisputed frontrunner. He also criticizes the handwringing over Democrats' meddling in a Michigan primary, saying it's not the Democratic Party's responsibility to make sure Republicans nominate sensible candidates—that's the GOP's job (if it even cares to). David Beard, meanwhile, previews the snap election just called in Italy, where the right looks set to perform well.

Please subscribe to The Downballot on Apple Podcasts or wherever you listen to podcasts. You'll find a transcript of this week's episode right here by noon Eastern Time.

Senate

● GA-Sen, GA-Gov: The University of Georgia and SurveyUSA each find Democratic Sen. Raphael Warnock and Republican Gov. Brian Kemp ahead, though they very much disagree how close the two contests are. UGA’s poll for the Atlanta Journal-Constitution shows Warnock edging out Republican Herschel Walker 46-43, while Kemp defeats Democrat Stacey Abrams 48-43. SurveyUSA’s numbers for WXIA-TV, though, are far better for Democrats: Warnock leads 48-39, while Kemp is only up 45-44.

Other polls taken in July have universally agreed that Warnock is running ahead of Abrams, but they’ve also painted very different pictures on the state of the two races. Numbers from early in the month from the Democratic firm Data for Progress had Walker and Kemp up 49-47 and 53-44, respectively. A short time later, AARP dropped a survey from a bipartisan pair of pollsters that put Warnock ahead 50-47 as Kemp posted a wider 52-45 advantage. A Kemp internal from Cygnal, which did not include Senate numbers, also gave the governor a 50-45 edge.

● OK-Sen-B: Former Democratic Rep. Kendra Horn is airing her first TV ad of the race, and despite running in dark-red Oklahoma, she makes abortion the centerpiece. She says that the state "now has the most extreme abortion ban in the country, which puts all of us at risk" and warns that the likely GOP nominee, Rep. Markwayne Mullin, "promises to make this ban federal law." Horn also notes that Oklahoma "has never sent a woman to the U.S. Senate," making it one of 17 states in this ignominious club. Mullin still faces a runoff with former state House Speaker T.W. Shannon on Aug. 23, but he's the heavy favorite after leading the first round by a 44-18 margin last month.

● WI-Sen: In an unexpected development two weeks ahead of Wisconsin's primary, former Milwaukee Bucks executive Alex Lasry abandoned his bid for Senate and endorsed Lt. Gov. Mandela Barnes to take on Republican Sen. Ron Johnson, saying "it was clear there was no path forward for us to be able to win." The move came two days after Outagamie Executive Tom Nelson did the same thing, making Barnes the undisputed frontrunner for the nomination.

One other notable Democrat, state Treasurer Sarah Godlewski, remains in the race, and she insisted on Wednesday that would not quit. But Barnes also released a poll from Impact Research taken before both Nelson and Lasry dropped out showing him with a 39-25 lead on Lasry, with Godlewski far back at 12 and Nelson at 5. Every other public poll of the race has likewise found Barnes in front while Godlewski has never rated higher than third place.

Governors

● IL-Gov: Politico reports that conservative megadonor Richard Uihlein, who helped bankroll far-right state Sen. Darren Bailey's June victory in the Republican primary, has contributed another $5 million to the candidate this month. Uihlein has also made a larger $15 million donation to Bailey's allied PAC, People Who Play By The Rules.

● MA-Gov: Suffolk University's newest survey for the Boston Globe shows Attorney General Maura Healey, who has the Democratic primary to herself, posting huge leads over both of her prospective Republican foes. Healey beats out former state Rep. Geoff Diehl 54-23, while she enjoys a nearly-identical 54-22 advantage over self-funding businessman Chris Doughty.

● ME-Gov: Democratic Gov. Janet Mills continues to maintain a large financial edge ahead of her general election battle with her predecessor, Paul LePage. Mills outraised the Republican $600,000 to $310,000 during the period covering June 1 to July 19, and she finished with a $2.7 million to $1.1 million cash-on-hand lead.

Several past Maine statewide contests, including LePage's 2010 and 2014 victories, featured at least one prominent independent or third-party candidate, but that won't be the case this time. The only other contender on the ballot is independent Sam Hunkler, who had just over $600 to spend.

● WI-Gov: While the Club for Growth has not endorsed anyone in the Aug. 9 Republican primary, NBC reports that the anti-tax group has dropped $1.1 million into a TV and radio campaign to defeat former Lt. Gov. Rebecca Kleefisch. The TV spot argues that in office, Kleefisch "used taxpayer resources, traveling across the globe on junkets hosted by foreign interests," a statement that's accompanied by a huge flag of China.

House

● CA-40: Republican Rep. Young Kim and the NRCC have jointly released a mid-July poll from Public Opinion Strategies that shows the congresswoman beating her Democratic opponent, physician Asif Mahmood, by a 51-35 margin. This is the first poll of the race, but its 16-point spread is similar to the overall margins of June's top-two primary, when a trio of Republican candidates, including Kim, combined for 59% while Mahmood took 41%. Joe Biden would have carried this redrawn district in eastern Orange County by a 50-48 margin, according to Dave's Redistricting App.

● VT-AL: The University of New Hampshire, polling on behalf of WCAX, finds state Senate President Pro Tem Becca Balint beating Lt. Gov. Molly Gray by a lopsided 63-21 in the first survey we’ve seen of the Aug. 9 Democratic primary since filing closed in the spring. Either candidate would end Vermont’s status as the only state to never elect a woman to Congress, while Balint would also be the first gay person to represent the Green Mountain State in D.C.

Balint, who has Sen. Bernie Sanders’ endorsement, and Gray have each raised comparable amounts in the contest to succeed Rep. Peter Welch, who is running for Vermont’s other Senate seat. However, a trio of organizations―the LGBTQ Victory Fund, Equality PAC, and the Congressional Progressive Caucus PAC―have spent a total of just under $850,000 to promote Balint, while there have been no independent expenditures for Gray. VTDigger notes that this sort of outside spending is rare in state politics, though not unheard of: In 2016, notably, the RGA spent $3 million on the successful effort to elect Phil Scott governor.

● WA-03, WA-04: Outside groups are continuing to spend serious money ahead of Tuesday's top-two primary on separate efforts to boost a pair of Republicans who voted for impeachment, 3rd District Rep. Jaime Herrera Beutler and 4th District Rep. Dan Newhouse, against their Trump-backed rivals.

In the 3rd in southwest Washington, a group called Conservatives for A Stronger America has deployed close to $400,000 on a TV buy that argues Army veteran Joe Kent wants to defund the police. The commercial features clips of the candidate saying, "Federal law enforcement grants, I would cut that off cold," and, "Also, cutting off federal law enforcement funding." Kent himself has made news for his ties to far-right extremists, though the ad unsurprisingly doesn't mention that.

This PAC made news a little while ago when it dropped another $740,000 into efforts to promote a different Republican, evangelical author Heidi St. John, a move Kent argued was intended to "prop up a spoiler candidate and split the vote so they can re-elect the Establishment's RINO incumbent, Jaime Herrera Beutler."

Kent himself, though, has also tried a similar maneuver, though on a much smaller scale. Last week, the Washington Observer's Paul Queary reported that Kent sent out mailers ostensibly attacking one of the two Democratic candidates, auto repair shop owner Marie Gluesenkamp Perez, for being the one "pro-choice candidate for Congress."

Queary noted that Kent was trying to influence Democrats to support Perez instead of Herrera Beutler, whose own messaging has been aimed at winning over middle-of-the-road voters, in an attempt to stop the incumbent from advancing to the general election. Trump would have carried this district 51-46, so it's quite possible Perez will reach the second round instead of Herrera Beutler or Kent. (The other Democrat on the ballot, 2020 candidate Davy Ray, hasn't reported bringing in any money.)

And while Kent sports Trump's backing, he's raised far less cash than Herrera Beutler and doesn't have any major outside groups spending on his behalf. The congresswoman, by contrast, has benefited from $1 million in support from Winning For Women Action Fund, a super PAC funded in part by the Congressional Leadership Fund.

The dynamics are similar one seat to the east in the 4th, where Defending Main Street has so far deployed $1.2 million to support Newhouse or attack Trump's choice, 2020 gubernatorial nominee Loren Culp. One of the establishment-aligned PAC's new spots accuses Culp of being a tax dodger who was "caught enriching himself with tens of thousands of dollars in campaign donations," while others praise the congressman for "standing up to China" and fighting to protect the Snake River dams.

Culp has badly struggled with fundraising, and like Kent, he's also received no serious outside support. Five other Republicans are campaigning here including self-funding businessman Jerrod Sessler and state Rep. Brad Klippert, while businessman Doug White is the one Democrat running for this 57-40 Trump constituency.

Secretaries of State

● GA-SoS, GA-AG: The University of Georgia finds Republican Secretary of State Brad Raffensperger beating Democratic state Rep. Bee Nguyen by a wide 46-32 margin, while SurveyUSA gives the Republican a smaller 40-33 edge. SurveyUSA also checked out the race for attorney general and found GOP incumbent Chris Carr turning back Democratic state Sen. Jen Jordan only 38-34

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