Category: JoeKennedy

Morning Digest: Democrats and Republicans unite to elect an independent as speaker … in Pennsylvania

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

● PA State House: In a pair of true surprises, moderate Democrat Mark Rozzi was elected speaker of the Pennsylvania state House Tuesday just before he announced that he’d lead the chamber as an independent.

Rozzi, who will be the first non-aligned speaker in the history of the body, defeated Republican state Rep. Carl Metzgar 115-85 after Democratic leader Joanna McClinton threw her support behind him rather than submit her own name. Following that endorsement, the entire Democratic caucus supported Rozzi, while 16 Republicans crossed over to back him. Rozzi’s win comes after two months of uncertainty about which party would lead the chamber, though few observers guessed that the answer would be neither.

Democrats, including Rozzi, won 102 of the 203 seats in the House on Nov. 8, which appeared to set them up for their first majority since the 2010 GOP wave. However, Democrats could only claim 99 members because state Rep. Tony DeLuca was re-elected a month after he died, while fellow Pittsburgh-area Democrats Summer Lee and Austin Davis resigned weeks later to prepare to assume their new roles as congresswoman and lieutenant governor, respectively. Republicans therefore began Tuesday with a 101 to 99 advantage, but no one knew if that would be enough for the party to elect a speaker.

Indeed, a deadlock appeared certain after one Republican joined the Democratic caucus in voting to adjourn during the middle of the day―a tied vote that failed because the remaining 100 Republicans were opposed. Unexpectedly, though, multiple Republicans and Democrats soon nominated Rozzi, whose name hadn’t previously been seriously mentioned. Rozzi prevailed with the support of all of the Democrats and a minority of Republicans, including Bryan Cutler, who had been speaker going into November’s elections.

So, what happens next? First, there will almost certainly be a vacant GOP-held seat before long, as state Rep. Lynda Schlegel Culver is the favorite to win the Jan. 31 special election for a dark red state Senate district. Culver’s 108th House District supported Donald Trump 65-33 in 2020, but her absence could deny her party a crucial vote in the closely divided lower chamber until a special election could take place. PennLive.com says such a race likely wouldn’t take place before May 16, which is the same date as Pennsylvania's regular statewide primary.

As for the three vacant Democratic constituencies, both parties agree that a Feb. 7 special will go forward in DeLuca’s HD-32, which went for Joe Biden 62-36. In Pennsylvania special elections, the parties, rather than voters, choose nominees: Democrats have selected local party official Joe McAndrew, while Republicans are fielding pastor Clay Walker.

There’s no agreement, however, about when the contests for Lee’s and Davis’ constituencies will take place. That’s because legislative special elections are scheduled by the leader of the chamber with the vacant seat, but there was no speaker between late November, when the last session ended, and Tuesday. That duty, as a result, fell to the majority leader, and both McClinton and Cutler claimed that title in December, issuing dueling writs of election: McClinton set these two specials to also take place on Feb. 7, while Cutler picked May 16.

Cutler filed a lawsuit to block McClinton’s schedule, but the Pennsylvania Department of State is going forward with February specials right now. There’s no question that Democrats will hold Lee’s HD-34, which Biden took 80-19, but the president pulled off a smaller 58-41 win in Davis’ HD-35.

Democrats in the former district have picked Swissvale Borough Council President Abigail Salisbury, who will go up against kickboxing instructor Robert Pagane. The Democratic nominee to succeed Davis is Matt Gergely, who serves as finance director for the community of McKeesport. Local Republicans are running Don Nevills, who lost to Davis 66-34 in November; Nevills himself has said in his social media posts that the special will be Feb. 7.

P.S. Rozzi’s win makes this the second time in the 21st century that Pennsylvania Democrats successfully maneuvered to stop Republicans from taking the speakership. In 2006, Democrats likewise won a 102-101 majority, but one of their members, Thomas Caltagirone, soon announced he’d cross party lines to keep Republican John Perzel on as speaker instead of electing Democrat Bill DeWeese. DeWeese, who was speaker in 1994 when Democrats last controlled the chamber, ended up nominating Republican Dennis O'Brien rather than put his name forward; O’Brien ultimately won 105-97.

Democrats secured a workable majority the following year, and Keith McCall became the party’s first, and to date only, speaker since DeWeese. In a strange twist, DeWeese and Perzel went on to become cellmates after being convicted in separate corruption cases. Incidentally, one House Democrat heavily involved in the plan to make O'Brien speaker was Josh Shapiro, now the governor-elect of Pennsylvania.

Senate

● AZ-Sen: Doug Ducey, whose tenure as governor ended on Monday, said before Christmas he was "not running for the United States Senate" and that "it's not something I'm considering." And just like two years ago, Ducey's fellow Republicans are not taking this seemingly unequivocal statement as final: Utah Sen. Mitt Romney, who is another Republican on Donald Trump's shit list, instead told The Hill, "I hope that he'll get in."

Former state Board of Regents member Karrin Taylor Robson, who narrowly lost last year's primary to succeed Ducey, may be more interested in campaigning for the Senate seat held by Democrat-turned-independent Kyrsten Sinema. Vox's Christian Paz writes that Taylor Robson "told me she is not ruling out running for statewide office again," though it's not clear if the former regent said anything about the Senate in particular.

On the Democratic side, Rep. Ruben Gallego released late-December numbers from Public Policy Polling showing a tight race whether or not Sinema runs. The survey found Republican Kari Lake, who continues to deny her loss to now-Gov. Katie Hobbs, edging out Gallego 41-40, with Sinema grabbing 13%. When the incumbent is left out, however, it's Gallego who leads Lake 48-47. The congressman has made it clear he's likely to run, while NBC reported last month that Lake is trying to recruit Pinal County Sheriff Mark Lamb rather than campaign herself.

The poll was conducted days before The Daily Beast's Sam Brodey reported that Sinema's office had a 37-page guide for staffers that includes tasks that "appear to go right up to the line of what Senate ethics rules allow, if not over." Among other things, Brodey writes that Sinema requires her subordinates perform personal tasks for her, including arranging massages and buying groceries on their own dime, which she later reimburses them for.

The Senate's ethics handbook, though, specifies that "staff are compensated for the purpose of assisting Senators in their official legislative and representational duties, and not for the purpose of performing personal or other non-official activities for themselves or on behalf of others." Sinema's spokesperson told Brodey that "the alleged information—sourced from anonymous quotes and a purported document I can't verify—is not in line with official guidance from Sen. Sinema's office and does not represent official policies of Sen. Sinema's office."

● IN-Sen, IN-Gov: Bellwether Research released mid-December numbers before Christmas for the 2024 GOP primaries for the Senate and governor: The firm previously worked for former Gov. Mitch Daniels, who is a prospective Senate candidate, but a Daniels consultant tells Politico's Adam Wren that this survey was done without his knowledge.

The firm tested out hypothetical Senate scenarios with and without Daniels, who just completed his tenure as president of Purdue University. We'll start with the former matchup:

former Purdue University President Mitch Daniels: 32

Rep. Jim Banks: 10

former Rep. Trey Hollingsworth: 9

Rep. Victoria Spartz: 7

Attorney General Todd Rokita: 7

Someone Else: 6

In the Daniels-free scenario, Rokita leads Banks 16-14 as Spartz and Hollingsworth grab 12% and 11%, respectively.

Spartz herself quickly publicized her own numbers from Response:AI that put Daniels in front with 35% as she and Banks deadlocked 14-14 for second. That survey placed Hollingsworth at 6% while two people who were not tested by Bellwether, 2022 House nominee Jennifer-Ruth Green and disgraced former Attorney General Curtis Hill, took 4% and 2%. Wren recently named Hill, whom we hadn't heard mentioned for Senate, as a possible candidate, though there's been no sign yet that he's thinking about campaigning.

None of the other Republicans tested in either poll are currently running for the Senate either, and Daniels' ultimate decision may deter some of them from getting in. Indeed, an unnamed person close to Spartz told Politico that she may decide not to go up against the former governor: The congresswoman, writes Wren, "declined to comment on that question, but told POLITICO she is seeking a meeting with Daniels before making her decision."

A Banks ally, though, insists his man "won't make his decision based on what others do and I think the poll numbers released by Daniels and Spartz will only embolden him to run."

Bellwether also posted numbers for the GOP race to succeed termed-out Gov. Eric Holcomb:

Sen. Mike Braun: 25

Attorney General Todd Rokita: 9

Lt. Gov. Suzanne Crouch: 7

former Rep. Trey Hollingsworth: 6

Businessman Eric Doden: 3

Someone Else: 9

Braun, Crouch, and Doden are currently running.

Governors

● KY-Gov: State Rep. Savannah Maddox announced days before Christmas that she was dropping out of the packed May Republican primary to face Democratic Gov. Andy Beshear.

An unnamed GOP source soon told the Lexington Herald Leader they believed Maddox's departure means that Papa John's founder John Schnatter "could get in the race, since he's got the resources and with Savannah not in the race it could open up a lane." Schnatter, who resigned as board chairman in 2018 after news broke that he'd used racist language, has not taken any obvious steps toward running ahead of Friday's filing deadline.

Self-funder Kelly Craft, meanwhile, is not waiting until the field fully takes shape to go up with the first TV campaign ad of the contest, which the paper says ran for $114,000 from Dec. 27 to Jan. 3. Craft uses the message to tout her roots growing up on a farm in Barren County in the south-central party of the state, and she goes on to tout how she went on to become ambassador to the United Nations. The ad shows photos of Craft with Donald Trump, who is supporting Attorney General Daniel Cameron for the GOP nod.  

● MS-Gov: The Daily Journal reported before Christmas that Secretary of State Michael Watson is indeed considering taking on Gov. Tate Reeves in this August's Republican primary. Watson and other potential contenders have until the Feb. 1 filing deadline to make up their minds, but there's one name we can already cross off. While former state Rep. Robert Foster, who took third in 2019, reportedly was thinking about another campaign over the summer, he announced last week that he'd instead run for a seat on the DeSoto County Board of Supervisors.

● NC-Gov, NC-??: The conservative Washington Examiner relayed in mid-December that former Rep. Mark Walker is considering seeking the Republican nomination for governor or to return to the House after his party crafts a new gerrymander. Walker last cycle campaigned for the Senate even though Donald Trump tried to persuade him to drop down and run for the lower chamber, but he earned just 9% of the primary vote for his stubbornness.

House

● MD-05: Veteran Rep. Steny Hoyer told CNN Sunday that he hadn't ruled out seeking re-election in 2024 even though he's no longer part of the Democratic leadership. "I may. I may," the incumbent said about waging another run.

● MD-08: Democratic Rep. Jamie Raskin said last week that he'd "been diagnosed with Diffuse Large B Cell Lymphoma, which is a serious but curable form of cancer." Raskin added that he was "about to embark on a course of chemo-immunotherapy on an outpatient basis," and that "[p]rognosis for most people in my situation is excellent after four months of treatment." The congressman also said he planned to keep working during this time, and he was present Tuesday for the opening of the 118th Congress.  

● NY-03: At this point in the George Santos saga, his entirely fictional life story is almost beside the point: When he's called on any of his lies, he just lies some more—it's pathological. But that same reckless behavior is also why the new Republican congressman-to-be is in serious legal jeopardy, at the local, state, federal, and, amazingly, international levels. And because of that, he's exceedingly unlikely to serve out a full term. So what happens if he resigns?

In short, there would be a special election, but in a break with past practice, we'd immediately know when it would take place—and it would happen quickly. Governors in New York previously had wide latitude over when to call elections to fill vacant posts, both for Congress and state legislature, and disgraced former Gov. Andrew Cuomo notoriously abused this power, frequently delaying specials when it suited him.

But in 2021, as state law expert Quinn Yeargain explains, lawmakers finally passed legislation to correct this problem, which Cuomo signed shortly before resigning. Now, Gov. Kathy Hochul would be required to call a special election within 10 days of Santos' seat becoming vacant, and that election would have to take place 70 to 80 days afterward. This law has already come into play multiple times, including for two congressional special elections that took place last year.

One thing hasn't changed, though: There still would be no primaries. Instead, as per usual, nominations for Democrats and Republicans alike would be decided by small groups of party insiders. The actual election would, however, be hotly contested. While Joe Biden would have carried New York's 3rd District, which is based on the North Shore of Long Island, by a 54-45 margin, according to our calculations, Republican Lee Zeldin almost certainly won it in last year's race for governor. Santos dispatched Democrat Robert Zimmerman 52-44 after Democratic Rep. Tom Suozzi left the seat open to pursue his own unsuccessful gubernatorial bid.

● NY-17: Former Rep. Mondaire Jones told NY1 before Christmas that he was not ruling out seeking the Democratic nomination to take on the new Republican incumbent, Mike Lawler. Jones unsuccessfully decided to run in New York City last year in order to avoid a primary against DCCC Chair Sean Patrick Maloney, who himself went on to lose to Lawler, but he made it clear a future campaign would take place in the area he'd represented. "I've also learned my lesson, and that is home for me is in the Hudson Valley," Jones said.

● VA-04: Jennifer McClellan beat her fellow state senator, conservative Joe Morrissey, in an 85-14 landslide to win the Democratic nomination in the Dec. 19 firehouse primary to succeed the late Rep. Donald McEachin. McClellan should have no trouble defeating Republican nominee Leon Benjamin, who badly lost to McEachin in 2020 and 2022, in the Feb. 21 special election for this 67-32 Biden seat; McClellan's win would make her the first Black woman to represent Virginia in Congress.

● WA-03: Democrats will still have election conspiracy theorist Joe Kent to kick around this cycle, as the 2022 GOP nominee declared before Christmas, "I'm running again in 2024."

● DCCC: House Democratic leader Hakeem Jeffries announced ahead of Christmas that the new DCCC chair would be Rep. Suzan DelBene, who represents a Washington seat that Joe Biden carried 64-33. Jeffries' decision came weeks after House Democrats voted 166-38 to give the caucus' leader the opportunity to select the head of the DCCC rather than have the chair be elected by the full body. The new rule still requires members approve the choice, and they ratified DelBene two days after she was picked.

Attorneys General and Secretaries of State

● AZ-AG: Democrat Kris Mayes' narrow win over election denier Abe Hamadeh was affirmed after a recount concluded last week, and Mayes was sworn in as attorney general on Monday. The Democrat's margin dropped from 511 to 280 votes; most of this difference came from dark red Pinal County, which said it had initially failed to count over 500 ballots because of "human error." Hamadeh characteristically refused to accept his defeat and announced Tuesday he was "filing a 'Motion for New Trial.'"

Judges

● NY Court of Appeals: Democratic Gov. Kathy Hochul nominated Hector LaSalle, an appeals court judge, to fill the vacant post of chief judge on New York's highest court just before the holidays, but her decision was immediately met with fierce resistance by state senators in her own party, 14 of whom have already publicly come out against the choice.

LaSalle, who was named to the Appellate Division by disgraced former Gov. Andrew Cuomo in 2014, has compiled what City & State described as one of the "most conservative" records of any appellate judge in the state. Progressives have raised serious alarms over his hostility toward criminal defendants, labor unions, and especially reproductive rights: A group of law professors have pointed to a 2017 decision LaSalle signed on to that helped shield a network of so-called "crisis pregnancy centers" (which try to dissuade women from getting abortions) from an investigation by the state attorney general.

At stake is more than LaSalle's promotion, though: The seven-member top court, known as the Court of Appeals, has for several years been in the grips of a reactionary four-judge majority that has ruled against victims of police misconduct, workers seeking compensation for injuries on the job, and tenants who'd been overcharged by their landlords. Most notoriously, this quartet—all appointed by Cuomo—struck down new congressional and legislative maps passed by Democratic lawmakers last year on extremely questionable grounds and ordered that a Republican judge in upstate New York redraw them.

Leading this coalition was Chief Judge Janet DiFiore, who unexpectedly announced her resignation last year. That vacancy has given Hochul the chance to reshape the court, but instead she's tapped someone who appears poised to continue DiFiore's legacy. But while judicial confirmations in New York are normally sleepy affairs, a large number of senators—who'd be responsible for voting on LaSalle's nomination—immediately denounced the choice.

That chorus of opposition hit a crucial threshold shortly before the New Year when state Sen. Mike Gianaris, a member of leadership, became the 11th Democrat to say he would vote against LaSalle. With 42 Democrats in the 63-member upper chamber but only 28 still open to Hochul's pick, the governor would now have to rely on the support of Republicans to confirm LaSalle. None, however, have yet come out in favor.

There's no definite timeline for confirmation hearings or a vote on LaSalle's nomination, but if Hochul were to withdraw his name, she'd be able to choose from a list of six other candidates vetted by the state's Commission on Judicial Nomination. A coalition of progressive groups previously endorsed three individuals on that list while calling three others, including LaSalle, "unacceptable" (a seventh option was unrated). If instead LaSalle were voted down by the Senate, the entire process would start over again, with the commission once again reviewing potential candidates.

● WI Supreme Court: Judge Everett Mitchell, a progressive candidate for an open seat on the Wisconsin Supreme Court this spring, was accused by his then-wife of sexual assault during their 2010 divorce proceeding, the Milwaukee Journal-Sentinel's Dan Bice reported on Tuesday. Mitchell was never charged with any wrongdoing and has denied the allegations, while his ex-wife, Merrin Guice Gill said her former spouse "should be evaluated on the work he has done and the work he is doing as a judge" rather than on her past accusations.

However, Guice Gill "declined to say whether she stood by the abuse allegations," telling Bice, "I'm not going to respond to that." During her divorce, Bice writes that she told the court that Mitchell had "undressed her and had sex with her without consent shortly after she took a sleeping pill" in 2007 and also provided documents showing she had informed both her therapist and a police officer about the alleged incident shortly afterwards. The accusations came up when she contacted police about a possible custody dispute involving the couple's daughter, but she declined to press charges, saying that she "was only concerned with her daughter's whereabouts."

Mitchell is one of two liberals seeking a spot on the Supreme Court, along with Judge Janet Protasiewicz. Two conservatives are also running, former Justice Dan Kelly and Judge Jennifer Dorow. All candidates will appear together on an officially nonpartisan primary ballot on Feb. 21, with the top two vote-getters advancing to an April 4 general election. The seat in question is being vacated by conservative Justice Pat Roggensack; should progressives win, they'd take control of the court from the current 4-3 conservative majority.

Legislatures

● AK State House: A judge ruled ahead of Christmas that far-right state Rep. David Eastman's membership in the Oath Keepers does not preclude him from serving in elected office even though the state constitution prevents anyone from holding office who "advocates, or who aids or belongs to any party or association which advocates the overthrow by force or violence of the United States."

Goriune Dudukgian, the attorney representing an Eastman constituent who sued to block him from holding office, said Tuesday his camp would not appeal. No one has formed a majority coalition in the Alaska State House in the almost two months since the election.

● NY State Senate: Democrats learned ahead of Christmas that they'd maintained a two-thirds supermajority in the upper chamber after a judge ruled that incumbent John Mannion had fended off Republican Rebecca Shiroff by 10 votes in his Syracuse-based seat. Shiroff conceded the contest, and Mannion's term began New Year's Day.

● OH State House: While Democrats are deep in the minority in the Ohio state House, the caucus joined with enough GOP members on Tuesday to elect Republican Jason Stephens as speaker over Derek Merrin, who began the day as the heavy favorite to lead the chamber. Cleveland.com's Jeremy Pelzer writes, "Stephens, while conservative, is not considered to be as far to the right as Merrin."

The GOP enjoys a 67-32 majority, so a Merrin speakership appeared likely after he won November's caucus vote against Stephens. Pelzer writes that in the ensuing weeks there were "rumblings since then about some sort of challenge to Merrin," but that "the insurgency to lift him to the speaker's chair only picked up speed starting a few days ago."

Indeed, Minority Leader Allison Russo says Democrats decided just two hours before the vote to cast their lot in with Stephens. Another 22 Republicans joined them, however, which left Merrin with only 43 votes. Russo, whose caucus supplied most of the support for the new speaker, declared that there was "no grand deal," but "there were lots of discussions about things and areas of agreement on issues." She also relays that Merrin spoke to her about getting Democratic support, which very much did not end up happening.

This is the second time in the last few years that the Democratic minority has played a key role in helping a Republican win the gavel over the candidate favored by most of the GOP caucus, though Merrin himself was on the other side of that vote. In 2019, he was one of the 26 Republicans who joined that same number of Democrats in supporting Larry Householder over Speaker Ryan Smith. Unlike four years ago, though, Smith got the backing of 11 Democrats as well as 34 GOP members.

Stephens, for his part, was appointed to the chamber later that year to succeed none other than Smith, who resigned to become president of the University of Rio Grande and Rio Grande Community College. The victorious Householder, though, was removed as speaker in 2020 after being arrested on federal corruption charges; Householder's colleagues expelled him the following year, though Merrin voted to keep him in office.

● WI State Senate: Former state Sen. Randy Hopper ended his brief comeback campaign days after Christmas and endorsed state Rep. Dan Knodl in the Feb. 21 Republican special election primary.

Mayors and County Leaders

● Chicago, IL Mayor: The Chicago Electoral Board in late December removed two minor contenders, police officer Frederick Collins and freelance consultant Johnny Logalbo, from the Feb. 28 nonpartisan primary ballot after determining that they didn't have enough valid signatures to advance. However, challenges were dropped against activist Ja'Mal Green, Alderman Roderick Sawyer, and wealthy perennial candidate Willie Wilson, so they will be competing in what is now a nine-person race.

Prosecutors and Sheriffs

● Philadelphia, PA District Attorney: Pennsylvania's Commonwealth Court ruled Friday that state House Republicans failed to demonstrate any of the legally required standards for "misbehavior in office" when they voted to impeach Philadelphia District Attorney Larry Krasner in November. The order, though, did not say if Krasner's trial before the state Senate, which is scheduled for Jan. 18, must be called off.

Obituaries

● Lincoln Almond: Former Rhode Island Gov. Lincoln Almond, a Republican who served from 1995 to 2003, died Tuesday at the age of 86. Almond, who made his name as the state's U.S. attorney, badly lost the 1978 general election to Democratic incumbent Joseph Garrahy, but he prevailed 16 years later by defeating state Sen. Myrth York in a close contest. You can find much more at WPRI's obituary.

Grab Bag

● Where Are They Now?: Former Massachusetts Rep. Joe Kennedy III was chosen before Christmas to serve as the State Department's special envoy for economic affairs for Northern Ireland. Kennedy, who is the grandson of Robert F. Kennedy, was elected to the House in 2012 and left to unsuccessfully challenge Sen. Ed Markey in the 2020 Democratic primary.

Morning Digest: Is Charlie Baker vulnerable if he runs again? Don’t bank on this one poll to tell us

Posted on by Daily Kos Elections

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

Leading Off

● MA-Gov: YouGov's new poll for UMass Amherst finds Republican Gov. Charlie Baker leading five different Democrats in hypothetical 2022 general election matchups, but not by the massive spreads he's accustomed to. What's more, a huge portion of respondents are undecided in each trial heat, which makes it especially difficult to tell how much danger Baker might actually be in if he were to run for a third term.

First, the numbers, with Baker's share first in each case:

31-28 vs. Attorney General Maura Healey

37-27 vs. former Rep. Joe Kennedy

31-12 vs. former state Sen. Ben Downing

31-17 vs. state Sen. Sonia Chang-Díaz

31-14 vs. professor Danielle Allen

The only one of these candidates who has announced a bid is Downing, though Allen has formed an exploratory committee. Healey, meanwhile, has been talked about quite a bit as a potential candidate but hasn't said if she's interested, while Kennedy sounds very unlikely to go for it. This is also the first time we've heard Chang-Díaz mentioned as a possible contender. Baker, for his part, has been keeping everyone guessing about his re-election plans.

Campaign Action

However, while YouGov finds Baker leading Healey by just three points and well under 50% against the other four Democrats, there's a big reason to be cautious. In that matchup a plurality of 34% of respondents are undecided (the remaining 7% say they would not vote), a proportion that's even higher in three of the other trial heats, and even in the Baker-Kennedy scenario, 28% still mark themselves as not sure.

All of that makes this poll hard to interpret and therefore not particularly helpful to understanding what the future might hold. Assuming the sample accurately reflects next year's electorate—no easy feat—it's still possible that, this far from Election Day, a huge number of voters really are on the fence and could go either way. However, it's just as possible that YouGov, for whatever reason, isn't doing enough to push respondents to express their preferences.

A considerably larger portion of YouGov's panel, though, did give its opinion of Baker's performance in office, with a 52-39 majority saying they approve. That's a positive number, especially for a Republican in a very blue state, but it's a massive drop from the 68-29 score Baker chalked up in October, the last time YouGov polled him for the school. It's also far lower than what almost every other poll has found since Baker took office in 2015: Last month, for instance, MassInc showed Baker with a 74-20 score.

Events since those two polls were conducted, including Massachusetts' widely panned coronavirus vaccine rollout, may have hurt the governor, but the two pollsters' methodologies may simply be leading them to measure public opinion differently. No matter what, though, we should never let one survey determine our view of a contest. Hopefully, more firms will survey the Bay State in the near future to give us a better idea as to whether Baker remains strong at home or if he really could be in for a tough race if he runs again.

Senate

● GA-Sen: The Atlanta Journal-Constitution’s Greg Bluestein reports that Republican Rep. Drew Ferguson is considering a bid against Democratic incumbent Raphael Warnock.

Ferguson, who was elected in 2016 to represent a safely red seat in the southwestern Atlanta exurbs, has not said anything publicly, though unnamed allies tell Bluestein he’s “being pressured by some state and national GOP figures” to run. Bluestein also notes that Ferguson is an ally of former Rep. Doug Collins, who is openly mulling another bid here, though it remains to be seen how that might impact either man’s calculations.

Several other Republicans are thinking about getting in. Bluestein relays that one of those “said to be considering” is businessman Kelvin King, though there’s no other word on King’s interest.

● IA-Sen: Retired Vice Adm. Mike Franken, a Democrat who lost last year's primary for Iowa's other Senate seat, told The Gazette on Monday that he's not ruling out a campaign against Republican incumbent Chuck Grassley. Franken said of Grassley, who has not yet said if he'll seek an eighth term, "A lot can happen in six months, but I think the prudent person would expect that he would run again. Betting otherwise would be a fool's pursuit."

Last year, Franken went up against businesswoman Theresa Greenfield, who had the backing of the national Democratic establishment, in a very difficult primary. Greenfield, who decisively outspent Franken and benefited from close to $7 million in outside spending, beat him 48-25 before losing to Republican Sen. Joni Ernst months later.

Governors

● AZ-Gov: Former homeland security official Marco López, a Democrat who previously served as mayor of Nogales, on Tuesday became the first notable candidate from either party to announce a bid to succeed termed-out Republican Gov. Doug Ducey. López, whose parents emigrated to the United States from Mexico, would be the state's second-ever Latino governor following fellow Democrat Raul Castro, who was elected in 1974 and resigned in 1977 to become Jimmy Carter's ambassador to Argentina.

López himself won elected office in 2000 when he was elected mayor of Nogales, which shares a name with its far larger neighbor on the other side of the international border, at the age of 22. After serving in several state posts under Arizona's last Democratic governor, Janet Napolitano, López also worked under her at the Department of Homeland Security as chief of staff for the U.S. Customs and Border Protection.

López, who has spent the last decade as an international business consultant, has also acted as an advisor to billionaire Carlos Slim, who is the richest man in Mexico and one of the wealthiest people in the world. The Arizona Republic, though, writes that López is pushing back on "rumors" that he'd fund his bid with his own money. López instead said he'd be asking for donations, though he doesn't appear to have addressed if he's open to self-funding some of his campaign.

López will likely have company in next year's primary as Team Blue looks to score another win in a state that Joe Biden narrowly carried in 2020. Secretary of State Katie Hobbs said about a year ago that she was considering and would likely decide in early 2021, though she doesn't appear to have given any other details about her deliberations since then. A few other Democrats have also been mentioned, though no one else seems to have said anything publicly about their interest.

House

● AZ-02: State Rep. Randy Friese confirmed Tuesday that he was considering running to succeed his fellow Democrat, retiring Rep. Ann Kirkpatrick, in this Tucson-area seat.

● TX-06: This week, 22nd District Rep. Troy Nehls became the state’s fifth Republican House member to back party activist Susan Wright in the May 1 all-party primary to succeed her late husband, Rep. Ron Wright. Another GOP candidate, former Trump HHS official Brian Harrison, also used his second TV ad to talk about what a “big government” hater he is.

Mayors

● Los Angeles, CA Mayor: On Monday, City Councilman Joe Buscaino announced that he would compete in next year's race to succeed termed-out incumbent Eric Garcetti as mayor of America's second-most populous city. Buscaino joins City Attorney Mike Feuer, a fellow Democrat who kicked off his campaign a year ago, in the June 2022 nonpartisan primary, and there are plenty of other politicians in this very blue city who could get in.

Before we take a look at the current and potential fields, though, we'll address why this contest is taking place in an even-numbered year for the first time in living memory. Mayoral races in The City of Angels have been low-turnout affairs for a long time, with only just over 20% voters turning out for the very competitive 2013 contest that Garcetti ultimately won.

But in 2015, voters, albeit on another ultra-low turnout citywide Election Day, overwhelmingly approved a ballot measure to require city elections to coincide with federal and statewide races starting with the mayoral race in 2022. In order to align future races to the new calendar, Garcetti successfully competed for a special five-and-a-half-year term in 2017 rather than the standard four-year term his successor will be elected to.

The contest to succeed Garcetti has been underway for some time, as demonstrated by Feuer's announcement in March of 2020. Feuer, a longtime officeholder who was elected city attorney in 2013, used his head start to raise $418,000 through December.

Feuer earned headlines for suing the Trump administration several times during his tenure, but he's also attracted unfavorable attention at home. In October of last year, a state judge ordered the city to pay a $2.5 million fine after ruling in favor of what the Los Angeles Times's Dakota Smith described as a "consulting firm that accused City Atty. Mike Feuer's office of concealing evidence" in a long running scandal involving over-billing by the Department of Power and Water.

Buscaino, by contrast, is a Los Angeles Police Department veteran whom the paper says is "well known to many in San Pedro but is probably less familiar to residents in other parts of the city." Buscaino, who last year was one of just two members on the 15-member City Council to vote against cutting $150 million from the police budget, defended the LAPD this week as the "largest reformed police department in the country." Buscaino also said that he spent his time as a cop "focused on problem solving, on creating partnerships to improve the quality of life here," and that he was in favor of directing more money to social services.

There are plenty of others who may run as well. Smith reports that two influential business figures, Central City Association head Jessica Lall and mall developer Rick Caruso, are both thinking about getting in. City Councilman Kevin de León, who waged an unsuccessful 2018 intra-party bid against Democratic Sen. Dianne Feinstein, and fellow City Councilman Mark Ridley-Thomas also have not ruled out running.

● Seattle, WA Mayor: Former City Councilman Bruce Harrell announced Tuesday that he would run in this year's race to succeed retiring Mayor Jenny Durkan. Harrell is a relative moderate by the standards of this very blue city, and The Stranger's Nathalie Graham characterizes him as the type of "pro-business candidate the Seattle business community could get behind."

Harrell previously ran for this post in 2013 and took fourth in the top-two primary. In 2015, after the city began electing its councilmembers in district-level races instead of entirely citywide, Harrell competed for a South Seattle seat and won by a tight 51-49 margin. He then went on to serve as interim mayor for a week after incumbent Ed Murray resigned in disgrace in 2017, which made Harrell Seattle's first Asian American mayor and second Black leader.

In 2018, Harrell served as president of the City Council when it unanimously passed a new tax on large employers. Harrell, though, voted along with most of his colleagues to repeal the law just a month later in the face of business pressure, and analysts attributed the entire matter to the City Council's poor ratings in polls. Harrell, who retired in 2019, kicked off his new campaign by arguing that local leadership was failing and it was time to "change the way we do things, radically."

Harrell joins a field that includes Council President Lorena González and Chief Seattle Club Executive Director Colleen Echohawk, either of whom would be the first woman of color to serve as mayor. The filing deadline is in late May for the August nonpartisan top-two primary.

Other Races

● Nassau County, NY Executive: On Monday, Hempstead Councilman Bruce Blakeman launched his bid against Democratic incumbent Laura Curran with the support of the Nassau County Republican Party. No other notable Republicans have shown any obvious interest in competing here ahead of the April 1 filing deadline, so it would be a big surprise if Blakeman faces any serious opposition in the June party primary. The general election to lead this suburban Long Island county of 1.4 million people will take place in November.

Nassau County backed Joe Biden 54-45 last year, but Republicans are hoping that Blakeman will help them return to power down the ballot. As Steve Kornacki described in an excellent 2011 piece in Politico that remains one of our favorite articles about local politics anywhere, the local GOP spent decades in complete control over the county until it was brought down by corruption, infighting, and the electorate’s gradual shift to the left. Democrat Tom Suozzi finally broke the GOP's long stranglehold on the county executive's office in 2001, and he won re-election four years later.

But in 2009, with the Great Recession hurting Democrats nationwide, the GOP unexpectedly regained control over Nassau County when Ed Mangano unseated Suozzi by 386 votes. Suozzi sought a comeback in 2013, but Mangano defeated him 59-41 in another contest that foreshadowed the national Democratic Party's problems for the following year. (Suozzi would resurrect his political career in 2016 when he won a seat in Congress.)

However, scandal would again plague the Nassau County GOP. Mangano was indicted on federal corruption charges in 2016, and local Republicans successfully pressured him not to seek a third term in 2017. (Mangano was found guilty after leaving office, but his team is trying to overturn the verdict.) Curran went on to retake the executive office for Team Blue by beating the Republican nominee, former state Sen. Jack Martins, in a close 51-48 contest, but the GOP still controls the gerrymandered county legislature 11-8.

That brings us to 2021, where Team Red is turning to Blakeman to beat Curran. Blakeman is a longtime figure in New York politics, where he’s had some decidedly mixed success at the ballot box. Blakeman most notably was the 2014 GOP nominee for the open 4th Congressional District, a Nassau County-based seat that Barack Obama had carried 56-43 two years before. Major outside groups on both sides largely bypassed the contest, but the GOP wave helped Blakeman hold Democrat Kathleen Rice to a 53-47 win. In 2015, Blakeman bounced back by winning a seat on the governing body of Hempstead, a massive town with a population of about 765,000.

Data

● Presidential Elections: Daily Kos Elections' Stephen Wolf has compiled a spreadsheet with the results of every presidential election by state from 1828 through 2020. The spreadsheet additionally includes calculations of the results for each of the country's four major geographic regions, and it also includes a "partisanship score" metric for comparing the result in a state with the national result for a given year. For instance, Georgia had an R+4 partisanship score in 2020 because Joe Biden's 0.2-point margin of victory there was roughly four points more Republican than his national victory margin, and it had a W+5 score in 1840 because Whig President William Henry Harrison carried the state by five points more than his national victory margin.

Grab Bag

● Podcasts: Daily Kos political director David Nir just appeared on pollster Zac McCrary's brand-new podcast, Pro Politics, to discuss his own journey into politics and the rise of the progressive netroots, which (as Zac puts it) morphed over the course of two decades from "a ramshackle group of political junkies" running small-time blogs into "one of the pillars of the Democratic political universe."

Among the many topics they covered: How being the child of a Holocaust survivor has informed who David is … why seeing a Geraldine Ferraro rally in 1984 was an ill omen for the ticket’s chances … the candidate who taught David to avoid getting too attached to any individual politician … how David made the decision to forego a legal career to plunge full-time into politics… and the story of Daily Kos and the rise of Jon Ossoff—and the death of the IDC.

You can find the recording here for all formats, and if you enjoy this kind of shop-talk with political professionals, you can also follow Pro Politics on Twitter.

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

Posted on by Daily Kos Elections

Leading Off

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

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

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

Campaign Action

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

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

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

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

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

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

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

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

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

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

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

Senate

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

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

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

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

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

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

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

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

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

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

Gubernatorial

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

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

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

House

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Other Races

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

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

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

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

Ad Roundup

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

Posted on by Daily Kos Elections

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

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

Leading Off

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

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

Campaign Action

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

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

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

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

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

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

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

Senate

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The releases did not include presidential numbers.

House

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

● Polls:

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

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

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

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

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

Mayoral

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

ELECTION CHANGES

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

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

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

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

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

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