Category: JohnCurtis

Morning Digest: Why the field to replace Mitt Romney may soon get a lot smaller

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

● UT-Sen: The Utah GOP's April 27 convention is coming up quickly, and a newly formed super PAC is trying to make sure Riverton Mayor Trent Staggs' campaign to succeed retiring Sen. Mitt Romney comes to an end at the event well before the June 25 primary.

The Deseret News' Brigham Tomco reports that Hometown Freedom Action Network has spent $17,000 on mailers and text messages to delegates portraying Staggs, who has emphasized his hard-right stances, as disloyal to conservatives. One message faults the mayor for initially supporting Florida Gov. Ron DeSantis for president, declaring, "Betraying Trump is not MAGA." Another blasts Staggs as "woke" for instituting anti-bias training for police officers. It's not clear who is funding the group.

One delegate told Tomco he considers these kinds of attacks from outside groups "frustrating, annoying, and inappropriate." Staggs is hoping others agree because he needs to perform well with delegates if he's to keep his campaign going.

Utah allows candidates to reach the primary ballot by competing at their convention or by collecting signatures, and while candidates can pursue both routes, Staggs is only going with the first option. This means that, should he fail to win the support of at least 40% of the delegates on April 27, his campaign is over. Another hard-right candidate, conservative activist Carolyn Phippen, is also pursuing a convention-only strategy.

It's not clear yet, however, if a third candidate, attorney Brent Orrin Hatch, needs to rely on delegates to get onto the ballot. Hatch, who is the son and namesake of the late Sen. Orrin Hatch, submitted signatures ahead of the April 13 deadline, but election authorities have not yet verified if he turned in the requisite 28,000 valid petitions.

Hatch himself also sounded uncertain if he'd hit this goal at the start of the month. He previously told Tomco the task was "daunting," and that his status was "up in the air."

The convention is far less important for two other Republicans, Rep. John Curtis and former state House Speaker Brad Wilson. Election authorities have verified that each of them turned in enough signatures to make the ballot, though they're each still taking part in the convention.

Hometown Freedom Action Network sent out texts blasting Curtis, who appears to be the least doctrinaire of the candidates, as someone who was "never with President Trump, and never will be." However, it only spent $2,500 on this messaging against the congressman, who will be on the June ballot no matter how well he does at the April 27 gathering.

The Downballot

● It's an old story, but it never gets old: Democrats just whooped Republicans in fundraising—again. This week on "The Downballot" podcast, we're running through some of the most eye-popping numbers Democrats hauled in during the first quarter of the year (Sherrod Brown! Jon Tester! Colin Allred!) and the comparatively weak performances we're seeing from Republicans almost across the board. The GOP hopes to make up the gap by relying on self-funders, but a campaign without a strong fundraising network can be dangerously hollow.

Co-hosts David Nir and David Beard also recap the week's electoral action, starting with victories in a pair of special elections in Michigan that allowed Democrats to reclaim their majority in the state House, plus a noteworthy House runoff in Alabama that could lead to a Black Democrat representing Mobile for the first time since Reconstruction.

The Davids also explain why a surprise retirement from the Wisconsin Supreme Court means progressives need to be on guard against a top-two lockout in yet another critical battle for control of the court. And finally, there's the astonishing three-way House race in California that could soon turn into a humdrum two-way affair thanks to an unexpected recount.

1Q Fundraising

● Fundraising: Daily Kos Elections is pleased to present brand-new charts rounding up first-quarter fundraising numbers for every incumbent and notable challenger running for the House and the Senate this year. The overarching story is a familiar one: Democrats in key races are outraising their Republican rivals almost across the board, sometimes by astonishing margins.

The lopsided Senate battlefield is particularly noteworthy. Compared to the same quarter six years ago, the two most endangered Democratic senators, Montana's Jon Tester and Ohio's Sherod Brown, raised four times as much as they did for their last campaigns. Meanwhile, in Texas, Rep. Colin Allred managed to exceed the already eye-popping records set by Beto O'Rourle in 2018. Check out our charts for the complete picture in both chambers of Congress.

Senate

● MT-Sen: In a follow-up to her absolutely bonkers report about former Navy SEAL Tim Sheehy last week, the Washington Post's Liz Goodwin pokes further holes in the Republican's claims about an alleged bullet wound he suffered.

Sheehy claims he lied about getting shot at a national park in 2015 in order to deter a military investigation into what he says was the true source of his injury—a possible incident of friendly fire in Afghanistan three years earlier—but new documents obtained by the Post include a report from an unnamed person visiting the park who reported "an accidental gun discharge" to the National Park Service.

An attorney for Sheehy disputed whether there had in fact been any such report by a park visitor. Sheehy's campaign previously said it was seeking to obtain copies of his hospital records from the 2015 incident, but the same attorney did not directly respond when asked whether those records had been received.

● NJ-Sen: A three-judge federal appeals panel has upheld a ruling by a lower court last month that barred the use of New Jersey's "county line" system on the grounds that it violates the Constitution. However, that ruling remains in effect solely for the Democratic primary. Barring further legal action, Republicans will still be able to print ballots that give favorable placement to party-endorsed candidates. That state of affairs is likely temporary, though, as a similar ruling applying to Republican primaries is likely at some point.

Governors

● MO-Gov: The Missouri Scout has rounded up campaign fundraising reports covering the first quarter of the year, and the overall story of the Aug. 6 Republican primary for governor remains the same as it's been throughout the entire cycle. Lt. Gov. Mike Kehoe continues to dominate financially even though almost every released survey shows him trailing Secretary of State Jay Ashcroft by double digits. State Sen. Bill Eigel also brought in more money during the quarter than Ashcroft even those polls show him with little support.

Kehoe and his joint fundraising committee this time raised a combined $2.5 million and ended March with a total of $6.3 million. Eigel and his committee outraised Ashcroft and his allies $587,000 to $513,000, though it was Ashcroft's side that finished the quarter with a $2.6 million to $1.7 million cash on hand advantage.

On the Democratic side, state House Minority Leader Crystal Quade and her committee together raised $285,000 and had $391,000 available. Businessman Mike Hamra and his allies together brought in $690,000, which includes $250,000 from the candidate, and ended March with $1.1 million banked.  

House

● CA-16: NBC Bay Area's Jocelyn Moran reports that a newly formed super PAC called Count the Vote is providing the money to finance the ongoing recount into the March 5 top-two primary. It's not clear who is funding the group, but Moran says that the address on its checks matches that of a law firm that used to work for former San Jose Mayor Sam Liccardo.

Liccardo, who is assured a place in the Nov. 5 general election, has continued to deny he has anything to do with the recount even though the person who requested it, Jonathan Padilla, worked for his 2014 campaign and served in his administration. Two of Liccardo's fellow Democrats, Assemblyman Evan Low and Santa Clara County Supervisor Joe Simitian, tied for second place last month, and they'd both advance to the general election unless the recount changes the results.

The recount process began Monday, and it's not clear how long it will take to conclude. While election officials in Santa Clara County, which makes up over 80% of the 16th District, initially told KQED they believed this would be a five-day undertaking, Moran writes that they now think it could last between one and two weeks. Personnel in San Mateo County, which forms the balance of the seat, separately tell ABC 7 they believe their retabulations will be done around April 24.

Officials in Santa Clara and San Mateo tell The Daily Journal that the daily cost in their respective counties is $16,000 and $5,000, though they add it would change depending on exactly what Padilla requests. The process would come to an end if Padilla missed a day's payment, and an incomplete recount would leave the certified results unchanged.

● MD-02: AIPAC, the hawkish pro-Israel group, has endorsed Baltimore County Executive Johnny Olszewski ahead of the May 14 Democratic primary, where his main rival for this open seat is Del. Harry Bhandari. Olszewski has been the frontrunner ever since he launched his bid in January, and he previously earned endorsements from retiring Rep. Dutch Ruppersberger, longtime Rep. Steny Hoyer, and organized labor.

Olszewski also enjoys a large financial advantage over Bhandari. The executive raised $726,000 in the first quarter and finished March with $499,000 on hand, while Bhandari took in $134,000 during this time and ended the period with only $68,000 left to spend.

● MD-03: Retired Capitol Police officer Harry Dunn has publicized an internal poll from Upswing Research and Strategy that shows him leading state Sen. Sarah Elfreth by 22-18, while a 44% plurality of voters undecided ahead of the May 14 Democratic primary for this safely blue open seat. State Sen. Clarence Lam was further back with 8%, while no other candidate in the crowded race exceeded 3%.

Dunn gained national visibility after he helped protect Congress during the Jan. 6 insurrection, and that fame helped him dominate the rest of the field in fundraising. Dunn raised a massive $3.7 million in the first quarter and finished March with $1.7 million on hand. That haul was the third-largest of any House candidate nationwide, and it also was more than the rest of his primary rivals combined.

By contrast, Elfreth raised $502,000 and had $569,000 left to spend. However, Elfreth has also received $1.4 million in outside support from the hawkish pro-Israel group AIPAC, while none of the other candidates have benefited from major outside spending.

Lam, for his part, raised $284,000 and had $505,000 remaining in the bank. Further back, Del. Mike Rogers raised $140,000 and had $171,000 left over, while labor lawyer John Morse raised $116,000 and finished March with $94,000. None of the other candidates took in six-figure sums.

● ME-02: State Rep. Austin Theriault has unveiled an internal poll from Public Opinion Strategies that finds him leading fellow state Rep. Mike Soboleski by 30-7 ahead of the June 11 Republican primary, though a large majority of respondents are undecided. The poll's sample size was just 300 respondents, which is the bare minimum that Daily Kos Elections requires for inclusion in the Digest.

Donald Trump and House Speaker Mike Johnson are supporting Theriault for the nomination to take on Democratic Rep. Jared Golden, and their preferred candidate raised $655,000 in the first quarter to Soboleski's $43,000. Theriault also had $831,000 on hand compared to $48,000 for his rival. However, Golden's haul was even larger at $1 million raised, and he had $2.2 million on hand at the start of April.

● NJ-10: The New Jersey Globe reports that Democratic Rep. Donald Payne has been unconscious and on a ventilator ever since he suffered a heart attack on April 6. The congressman's office on April 9 put out a statement that did not indicate Payne was not conscious, saying instead that his "prognosis is good and he is expected to make a full recovery."

● NY-16: Politico's Jeff Coltin has obtained an internal for Rep. Jamaal Bowman that shows him edging out Westchester County Executive George Latimer 44-43 in the June 25 Democratic primary. The pollster, Upswing Research and Strategy, tells us the survey was conducted March 5 through March 10.

The only other numbers we've seen for this contest came from a late March poll for Latimer's allies at Democratic Majority for Israel, and it showed the executive with a wide 52-35 lead. Both DMFI and its pollster, the Mellman Group, are led by Mark Mellman.

● SC-01, VA-05, AZ-02, OH-09: American Prosperity Alliance, a dark money group that is close to Kevin McCarthy, has begun running TV ads against three Republican incumbents who voted to oust McCarthy from the speakership last year. The ads, which, are focused on immigration, are also running against Democratic Rep. Marcy Kaptur in Ohio's 9th District.

According to AdImpact, the group has spent at least $330,000 against Rep. Nancy Mace, who is trying to fend off former state cabinet official Catherine Templeton in the June 11 primary for South Carolina's 1st District. AdImpact has also tracked another $160,000 that APA is deploying in Virginia's 5th District against Rep. Bob Good, who faces state Sen. John McGuire in the following week's primary.

Meanwhile in Arizona's 2nd District, the group has spent $218,000 so far to weaken incumbent Eli Crane ahead of his July 30 nomination battle against former Yavapai County Supervisor Jack Smith. APA additionally has dropped $150,000 on ads against Kaptur, who she faces a competitive general election against Republican state Rep. Derek Merrin.

Mayors & County Leaders

● Raleigh, NC Mayor: Democratic Mayor Mary-Ann Baldwin announced Tuesday that she would not seek reelection this year and would instead lead a nonprofit. Baldwin, who was successfully treated for breast cancer last year, added that her husband also had multiple surgeries, and that all this convinced her it was "time to devote my energies to myself and my family and to find other ways to serve."

The nonpartisan general election to succeed Baldwin will take place on Nov. 5, and since there's no runoff, it only takes a plurality to become mayor of North Carolina's capital city. Three notable candidates were already running, and they each identify as Democrats.

City Councilman Corey Branch, who describes himself as a "moderate Democrat," launched his campaign in October. He was joined in January by former state Treasurer Janet Cowell, who was once a rising star in North Carolina Democratic politics.

Terrance Ruth, a North Carolina State University professor who lost to Baldwin 47-41 in 2022, also kicked off a second bid a month before the incumbent announced her departure. Ruth argued last cycle that the mayor's administration hadn't done enough to make housing affordable or to listen to residents.

The field also includes mortgage broker Paul Fitts, who is the only Republican in the contest, and two other candidates. The candidate filing deadline is July 19.

Obituaries

● Bob Graham: Bob Graham, a Florida Democrat who rose to prominence during his 26 years as governor and senator, died Tuesday at the age of 87. In our obituary, Jeff Singer recounts the many elections of Graham's long career, including how his famed "Workweeks" helped transform him from relative obscurity into a statewide powerhouse.

Poll Pile

Ad Roundup

Campaign Action

Morning Digest: Kevin McCarthy has two months to decide if he’ll seek reelection to the House

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.

Subscribe to The Downballot, our weekly podcast

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Leading Off

● CA-20: Kevin McCarthy's colleagues ousted him as speaker of the House on Tuesday, and if you're like us you have just one question: What's next for California's 20th District?

Ok, even the most hardcore among us may have a few other things on our minds right now, but California's early filing deadline means that McCarthy will have only a little more than two months to decide if he wants to seek a 10th term to the chamber where he was just humiliated. The congressman himself did nothing to dispel speculation that he might retire or resign when he responded to a question about whether he’d stay in office by answering, “I’ll look at that.” 

Candidates have until Dec. 8 to turn in paperwork if they want to compete in the Golden State's March 5 top-two primary, and, because hopefuls can pay a fee rather than submit signatures, major contenders can decide whether they'll run on the final day of qualifying. The state automatically extends the deadline to five days in contests where the incumbent chooses not to file for reelection, so the field might only take shape late if McCarthy doesn't end up running.

The current version of the 20th District, which includes parts of the Bakersfield and Fresno areas, supported Donald Trump 61-36, which makes this the most conservative of any of California's 52 congressional districts. The GOP likewise has a large bench of prospective candidates, and, because this area is so red, it's possible that two Republicans could advance to the general election. McCarthy has always easily prevailed in this area going back to his initial election in 2006, and it remains to be seen if any strong opponents would take him on even in his diminished state.

3Q Fundraising

  • OH-Sen: Bernie Moreno (R): $1 million raised, additional $3 million self-funded, $5 million cash on hand
  • CA-49: Margarita Wilkinson (R): $1 million raised (campaign did not respond to inquiry if this includes self-funding)
  • TX-18: Isaiah Martin (D): $307,000 raised (in 25 days)
  • TX-32: Julie Johnson (D): $300,000 raised

Senate

● CA-Sen: Democratic Sen. Laphonza Butler was sworn in Tuesday to replace the late Sen. Dianne Feinstein, but she says she's unsure if she wants to enter the top-two primary for a full six-year term. "I have no idea. I genuinely don't know," she told the Los Angeles Times the previous day.

California's filing deadline is Dec. 8, but Inside Elections' Jacob Rubashkin notes that another important date will pass next week. Democratic candidates have until Oct. 13 to say that they want to compete for the party endorsement at the November convention, and no major candidate will want to pass up the opportunity to be listed by name in a special section of the voter guide that each county sends to all voters. As we've written before, this is a bit like having someone else pay for a mailer to every voter in the state, a real boon in an expensive contest like this one.

Meanwhile, Data Viewpoint finished a poll just before Butler's appointment was announced Sunday that did not include her as an option. It found Democratic Reps. Adam Schiff and Katie Porter both advancing past the top-two primary with 19% each as Democratic Rep. Barbara Lee and Republican Eric Early took 6% apiece.

● FL-Sen: The Messenger's Marc Caputo reports that businessman Stanley Campbell is interested in seeking the Democratic nomination to take on GOP incumbent Rick Scott even though former Rep. Debbie Mucarsel Powell has emerged as the party's frontrunner. Campbell, who is the brother of 2 Live Crew's Luther Campbell, has not said anything publicly, though he quietly filed FEC paperwork last week.

Caputo writes that Campbell served in the Navy and went on to form multiple companies, including an artificial intelligence firm whose work helped lead to the 2005 apprehension of serial killer Dennis Rader. Campbell went on to become one of the few African Americans to own a golf course in 2021 when he purchased Martin Downs Golf Club in southeastern Florida's Treasure Coast region.

● MI-Sen: Former Detroit Police Chief James Craig confirmed Tuesday that he would seek the Republican nomination to succeed retiring Democratic Sen. Debbie Stabenow, a declaration that comes the year after he was ejected from the 2022 primary ballot for governor of Michigan over fraudulent signatures. "I'm not doing it for ego," said Craig, whose last campaign experience would have humbled almost anyone else.

Protestors disrupted his 2021 kickoff rally for his quest to take on Democratic Gov. Gretchen Whitmer, and that was just the start of his troubles. Craig's campaign would experience several major shakeups, including the departure of two different campaign managers in less than four months, and it would also draw unfavorable press coverage for heavy spending.

The former chief also lost a high-profile endorsement from Rep. Jack Bergman, a northern Michigan Republican who griped that his former choice ignored his region "in favor of a self proclaimed Detroit-centric approach." Still, polls showed Craig well ahead in the primary as he sought to become the Wolverine State's first Black governor.

Everything changed in May, though, when election authorities disqualified Craig and four other contenders from the ballot after they fell victim to a huge fraudulent signature scandal and failed to turn in enough valid petitions. The former frontrunner decided to forge ahead with a write-in campaign to win the GOP nod, blustering, "I'm going to win." However, Craig instead became an afterthought even before far-right radio commentator Tudor Dixon emerged as the new frontrunner, and he ended up taking all of 2% of the vote.

Craig went on to endorse U.S. Taxpayers Party nominee Donna Brandenburg, who had also been ejected from the Republican primary, saying that Dixon's extreme opposition to abortion rights went too far even for him. (James himself was recorded the previous year responding in the affirmative when asked if he'd stop Democrats "from undoing the law that makes abortion illegal in Michigan.") Whitmer soon won 54-44, with Brandenburg in fourth with just 0.4%.

The former chief launched his new effort weeks after former Rep. Mike Rogers joined the nomination fight, and Craig has already worked to position himself as the Trumpiest candidate. The new contender published a pro-Trump op-ed last month in the far-right Daily Caller, and the GOP's supreme master responded by sharing it on social media.

Rogers, by contrast, has had a bumpier relationship with Trump. While the former congressman briefly served on Trump's 2016 transition team, he told the Washington Post last year that "Trump's time has passed." Rogers, who considered waging his own presidential bid, also said of the Jan. 6 riot, "There is never a time in American democracy when violence accomplishes what you want … It is giving up on our Constitution when you storm the Capitol to try to change an election."

But Rogers, whom multiple outlets say the NRSC recruited to run for the Senate, now seems to have realized that Trump's time very much has not passed for the primary voters who will be determining his fate next year. The former congressman echoed the far-right voices in his party last week in a video proclaiming, "[W]hat we are seeing right now is a politically motivated DOJ waging war against the leading Republican presidential candidate on behalf of President [Joe] Biden." "This is not the mike Rogers i knew," tweeted former Illinois Rep. Adam Kinzinger, who was one of the 10 House Republicans who voted for impeachment after Jan. 6. "How did you fall so far mike?"

The GOP field also includes state Board of Education member Nikki Snyder, who struggled to raise money during the first half of the year, and it may swell still further. Former Rep. Peter Meijer, who lost renomination last year after voting for impeachment, formed an exploratory committee just before Labor Day. Wealthy businessman Perry Johnson, who got thrown off the 2022 gubernatorial ballot along with James, also said last week he was considering abandoning his doomed presidential bid to run for the Senate; the Detroit News also reported in August that another rich guy, 2018 primary loser Sandy Pensler, is thinking about another try, and the paper wrote Tuesday that he was still mulling it over.

On the Democratic side, Rep. Elissa Slotkin is the frontrunner in a field that includes actor Hill Harper, who launched his campaign in early July. Observers are waiting to learn if Harper or any of the other contenders raised a credible amount of money during the third quarter of the year or if Slotkin ended September as the only Democrat with enough money to run a serious operation.

● UT-Sen: Republican Rep. John Curtis declared that he'd remain in the House rather than run for the Senate in a Deseret News op-ed that was published days after the congressman sounded very likely to seek a promotion. KSL NewsRadio asked him Thursday to rate his likelihood on a scale of one to 10, to which Curtis responded, "It's up there in the nine-plus region."

House

● AL-02: Democratic state Rep. Juandalynn Givan told CBS 42 on Monday that she'd decide within the next two weeks if she'd run for the new 2nd District.

● IL-04: Chicago Alderman Raymond Lopez, who the Chicago Sun-Times calls "one of the police union's staunchest City Council supporters," announced Tuesday that he'd challenge Rep. Chuy Garcia in the March Democratic primary for this safely blue constituency. Lopez, who the paper adds has a history of "anemic fundraising," previously entered the 2018 race for a previous version of this seat and this year's contest for mayor of Chicago, but he dropped out well before each primary.

Lopez ended up backing wealthy perennial candidate Willie Wilson for mayor over Garcia, incumbent Lori Lightfoot, Cook County Commissioner Brandon Johnson, and several other contenders. Neither Garcia nor Lightfoot ended up advancing past the nonpartisan primary, though, and Lopez supported former Chicago Public Schools CEO Paul Vallas in the general election against Johnson. Garcia, for his part, endorsed fellow progressive Johnson, who went on to pull off a tight win.

● PA-08: Businessman Rob Bresnahan, a Republican who Politico says is capable of self-funding, has filed FEC paperwork for a bid against Democratic Rep. Matt Cartwright.

● WI-03: State Rep. Katrina Shankland declared Tuesday that she was joining the Democratic primary to face GOP Rep. Derrick Van Orden, who made national news in July when he reportedly screamed at teenage Senate pages.

Shankland, who was first elected to the legislature in 2012, won reelection in 2020 56-44 as Joe Biden was taking her seat by a smaller 53-45, and she touted herself as a candidate with "a proven track record of not only winning elections but outperforming the top of the ticket in those elections." Van Orden's southwestern Wisconsin constituency is significantly redder turf, though, as Donald Trump took it 51-47.

Shankland joins a nomination contest that includes businesswoman Rebecca Cooke and former La Crosse County Board chair Tara Johnson. Cooke, who took second in last year's primary, announced Tuesday that she'd raised $400,000 during the opening quarter of her new effort.

Legislatures

● NH State House: State Rep. Maria Perez announced Monday she was leaving the Democratic Party to become an independent, a move that once again changes the math ahead of a series of upcoming special elections for this closely divided chamber.

Republicans currently hold a 198-196 edge in a 400-member body that includes Perez and two other nonaligned members. The final three seats are vacant, but while Joe Biden carried two of them by double digits, the final one favored Donald Trump 53-45: Voters go to the polls Nov. 7 to fill the bluest of these three constituencies, while the other two specials have not yet been scheduled. However, given how much volatility we've seen in the state House this year, it's anyone's guess what the membership rolls will look like by the time all three of these seats are occupied.

Mayors and County Leaders

● Baltimore, MD Mayor: Goucher College's new poll with The Baltimore Banner shows former Mayor Sheila Dixon beating incumbent Brandon Scott 39-27 in the first survey we've seen of the May Democratic primary, with another 23% opting for "some other candidate." That latter group said they preferred Scott over his rival 36-33, though that would be far from enough to make up the deficit. The school also finds Dixon, who resigned in 2010 after she was convicted of stealing gift cards that were supposed to help needy families, with a narrow 47-45 favorable rating, which is far better than the 37-53 score that respondents give Scott.

Prosecutors and Sheriffs

● Maricopa County, AZ Sheriff: Democratic Sheriff Paul Penzone announced Monday that, not only would he not run again in 2024, he would resign in January as the top lawman in America's fourth-largest county. Penzone implied he was quitting because another opportunity had presented itself, saying he wanted to avoid "distractions" during what would have been his final year in office.

State law requires the Maricopa County Board of Supervisors to select another Democrat to succeed Penzone even though Republicans enjoy a 4-1 majority on the body. Supervisor Steve Gallardo, who is the only Democrat, tells the Arizona Republic he wants the new sheriff to be an "effective candidate" for next year's race.

Penzone first ran for this post in 2012 against Republican incumbent Joe Arpaio, who had spent decades as one of America's most venal and abusive law enforcement officials, but he lost 51-45. Their rematch four years later went very differently, though, and the department's racial profiling policies against Latinos finally caught up to the sheriff.

That October, just a month before his re-election campaign, the U.S. Department of Justice announced that it would charge Arpaio with criminal contempt of court for violating a judge's orders to curtail his department's unconstitutional profiling practices. Penzone ended up winning by a lopsided 56-44 even as Donald Trump, who would pardon Arpaio soon after the election, carried the county 48-45.

Penzone went on to secure reelection by that same 56-44 spread against Jerry Sheridan, a former Arpaio chief deputy who had just beaten his old boss in the primary, but the department still has a long way to go to excise Arpaio's legacy. Raul Piña, who serves on the court-appointed Community Advisory Board, told the Republic on Monday that "institutional racism in the Sheriff's Office" persists. Piña, while acknowledging that Penzone had made much-needed changes, said of the incumbent's legacy, "[T]here will always be an asterisk … because the racial profiling continued, and you can't run away from that."

Democratic elected officials were more complimentary, with Secretary of State Adrian Fontes saying, "Even on the hardest days when there were very serious threats being hurled at me and my staff, I always felt safe knowing Paul and his team were always watching out for us."

Ad Roundup

Morning Digest: GOP gerrymanders Ohio’s legislature again, but reform could be on the way

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.

Subscribe to The Downballot, our weekly podcast

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Leading Off

● OH Redistricting: In a dismaying turn of events on Tuesday, both Democratic members of Ohio's bipartisan redistricting commission sided with their five Republican counterparts to approve new legislative gerrymanders that would likely lock in the GOP's three-fifths supermajorities just like the maps they were replacing. Despite winning just 53-45 statewide in 2020, Donald Trump would have carried a 24-9 majority of state Senate districts and a 63-36 majority of state House districts according to Dave's Redistricting App.

New maps were required for 2024 because the state Supreme Court had struck down the GOP's five prior sets of maps in 2022 for violating an Ohio constitutional amendment banning partisan gerrymandering. However, that flawed amendment didn't let the court draw its own maps after striking down illegal districts, so the GOP successfully ran out the clock for 2022 and was able to use a set of the unconstitutional maps last year thanks to a ruling by federal judges appointed by Donald Trump.

The state Supreme Court had held that the proportion of districts favoring each party must reflect the 54-46 advantage that Republicans had in statewide elections over the previous decade, but it's unlikely that the court will reject this sixth set of maps for benefiting Republicans well beyond that range. That's because those 2022 rulings saw Republican Chief Justice Maureen O'Connor side with the court's three Democrats to reject the gerrymanders, but age limits required O'Connor to retire last year, enabling hard-line Republicans to solidify a 4-3 GOP majority in November's elections.

Due to the state court's rightward lurch, new Republican gerrymanders for 2024 were practically guaranteed. State Senate Minority Leader Nickie Antonio and state House Minority Leader Allison Russo, who are the commission's two Democratic members, defended their "yes" votes by claiming the GOP would have passed even worse gerrymanders if they hadn't compromised, and that they still viewed the end results as unfair.

However, the GOP's draft proposals from last week were not drastically worse for Democrats than the maps Antonio and Russo approved, and it appeared that the compromise maps sacrificed partisan fairness for protecting Democratic incumbents. By providing them with bipartisan support, the Democratic commissioners likely ensured that the maps would remain valid for the rest of this decade, since maps passed on a party-line basis would only be valid for four years. Furthermore, this bogus bipartisanship could undermine the support for passing real redistricting reform in the future.

Ohio found itself in this situation because of two amendments that the Republican-dominated legislature put on the ballot and were subsequently approved by voters last decade. While these amendments purported to ban partisan gerrymandering and marginally improved upon the status quo, we noted at the time that they were fundamentally flawed and appeared designed to thwart efforts to pass truly fair reforms at the ballot box, like those passed by Michigan voters in 2018. The repeated rounds of unconstitutional maps following the 2020 census made these flaws readily apparent.

While Ohio will again be stuck with GOP gerrymanders in 2024, there is a potential way forward for voters. O'Connor, the former chief justice, is leading an effort with other good-government advocates to use a ballot initiative for November 2024 that would establish an independent redistricting commission to draw new legislative and congressional maps beginning with the 2026 elections, an initiative we previously explored in detail here.

Unlike previous flawed reforms, this proposal would strip elected officials of their control over the process, handing it to a citizens' commission, and set clearer standards for partisan fairness. Supporters are in the process of getting GOP officials to sign off on their ballot summary and the validity of their proposal before they can begin gathering voter signatures to get onto the November 2024 ballot.

The Downballot

● The Virginia House flipped to Democrats in 2019 and back to Republicans in 2021. Can Democrats win the three seats they need to regain control of the chamber? Blue Virginia's Lowell Feld joins us to run through the key races in both the Virginia Senate and House and how Democrats can win both chambers this November. We also look to 2024 and discuss some key announcements in competitive Virginia Congressional races.

Host David Beard and guest host Joe Sudbay also cover the huge news out of New Jersey, where Sen. Bob Menendez has been indicted (again) and this time most state and national Democrats are not standing by him. We also discuss the long-awaited entrance of hedge fund CEO Dave McCormick into the Pennsylvania Senate race for Republicans; the Supreme Court rejecting Alabama's long shot attempt to prevent a new Congressional map; and the gerrymandered state legislative maps Ohioans will be using for at least one cycle.

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

Senate

● CA-Sen: The Public Policy Institute of California's new survey shows Democratic Reps. Adam Schiff and Katie Porter advancing out of the March top-two primary, which is the same outcome that UC Berkeley found in its most recent poll. PPIC shows Schiff in first with 20% as Porter edges out a third Democratic representative, Barbara Lee, 15-8.

● MI-Sen: Businessman Perry Johnson, who has failed to qualify for either GOP presidential debate despite spending millions of his own money, tells NBC he may run for the Senate after all. Johnson, whose primary bid for governor ended last year after he fell victim to a fraudulent petition signature scandal, insists, "I've only had, what, somewhere between 100 to 150 calls [to be] running for Senate."

● NJ-Sen: Rep. Donald Norcross didn't rule out a Democratic primary challenge to indicted incumbent Bob Menendez on Tuesday, telling the New Jersey Globe, "There are a number of things that are taking place right now in the state of New Jersey that are of great concern to everyone. We'll take it one day at a time." Norcross is the brother of George Norcross, a longtime party power player who has watched his influence diminish in recent years.

The Star-Ledger's Tom Moran also writes that former Rep. Tom Malinowski is considering, though there's no word from him. Malinowski lost a tight 2022 reelection contest against Republican Tom Kean Jr., and the Democrat announced earlier this year that he wouldn't try to regain his old seat.

● UT-Sen: Utah state House Speaker Brad Wilson on Wednesday launched his long-anticipated campaign for the Senate seat held by his fellow Republican, retiring incumbent Mitt Romney, and he entered the primary as the frontrunner. However, he got a reminder that the nomination battle remains unsettled hours before his kickoff when Rep. John Curtis told the Deseret News he was “very seriously” considering joining the race.

Wilson's exploratory committee finished June with $2.1 million in the bank thanks to a combination of fundraising and self-funding, and it remains to be seen if any of his intra-party foes will have the resources to put up a serious fight. However, as we've noted before, Wilson may not be quite right-wing enough to satisfy his party's base who would prefer someone in the mold of the Beehive State's other senator, Mike Lee. Political scientist Damon Cann told the Associated Press, "I think most people are expecting Brad Wilson would govern somewhat more conservatively. I think he would be toward the political center from where Mike Lee’s at but I think he would be more conservative than Mitt Romney has been."

Wilson made sure to emphasize his hardline credentials ahead of his launch: His campaign rolled out endorsements in August from fellow legislators that featured testimonials calling him a "conservative champion" and someone who worked to "advance pro-life legislation." (Altogether, three-quarters of House Republicans and two-thirds of the Senate caucus backed him.) However, while Wilson has indeed helped pass anti-abortion legislation, the AP also noted that he helped stop the legislature from formally rebuking none other than Romney in 2020 for his vote to convict Donald Trump during his first impeachment trial.

Wilson joins a contest that includes two mayors, Riverton's Trent Staggs and Roosevelt's Rod Bird. Staggs launched his campaign in late May but raised little during his first month, while Bird pledged to self-fund $1 million when he entered the race last week. Conservative activist Carolyn Phippen is also talking about running, and Curtis and other Republicans could end up campaigning to represent this dark red state.

House

● AL-02: John Sharp of AL.com takes a look at the many Democrats who could run for the 2nd District now that the U.S. Supreme Court has paved the way for a lower court to adopt a new map that creates a second district where Black voters could elect their preferred candidate. The exact boundaries of the new 2nd are not yet known, though judges next month will consider three different maps that each link Montgomery and Mobile.

The four state legislators who tell Sharp they're thinking about getting in are state Sens. Vivian Figures and Merika Coleman and state Reps. Napoleon Bracy and Juandalynn Givan. Figures, who was the 2008 nominee against then-Sen. Jeff Sessions, hails from Mobile, while Bracy is from the nearby suburb of Prichard. Coleman and Givan both represent Birmingham, which would not be located in the 2nd under any of the trio of maps advanced by the court-appointed expert.

Sharp also mentions two Montgomery-based politicians, state Sen. Kirk Hatcher and Mayor Steven Reed, as possibilities, though neither of them commented for his article. Reed, though, didn't rule out a House bid in July during his reelection campaign, saying instead, "I don't know what I'm going to do. For one, I've got to win first." He did indeed win by a convincing 57-39 the next month.

Most Republicans are treating this seat like an automatic Democratic flip, but former state Sen. Dick Brewbaker argues that he could run and win it for his party. Brewbaker, who unlike all the aforementioned Democrats is white, predicts to Sharp that if the general election comes down to "straight-up racial polarization ... the Republicans can potentially hang onto the seat."

● AL-07: Bobby Singleton, who serves as minority leader in the Alabama state Senate, announced Tuesday that he was forming an exploratory committee for a potential Democratic primary bid against Rep. Terri Sewell in the safely blue 7th District. A federal court will choose a new congressional map next month after blocking two consecutive maps enacted by GOP lawmakers for violating the Voting Rights Act, but there's little question that this will remain a majority-Black and heavily Democratic district covering parts of both the Black Belt and the Birmingham region.

Singleton, who was first elected in 2002 to represent part of the Black Belt in the legislature, argued to AL.com that Sewell hasn't done a good job serving his area. He instead argued that he could effectively represent the entire district, including Birmingham's Jefferson County. The congresswoman, who grew up in Selma in the Black Belt and resides in Birmingham, has not faced any serious primary opposition since she first won an open seat in 2010.

As one of multiple sets of plaintiffs in the litigation against the GOP's 2021 gerrymander, Singleton had tried to redraw the 7th District in a way that plenty of his fellow Democrats were unhappy with. The minority leader proposed a new map that split relatively few counties but didn't contain a single majority-Black seat: Instead African American residents would form a tiny 46.8-46.6 plurality in his 7th, while the other six seats would remain majority white.

Singleton's side would argue that the state was wrong to continue to divide Jefferson County's predominantly Black and white areas, claiming that the best solution was to unite the county in one district. After the courts blocked the GOP's 2023 map earlier this month, Singleton proposed another plan where all of Jefferson County and a small part of neighboring Shelby County would be based in the 6th, which is currently represented by GOP Rep. Gary Palmer, while Sewell's 7th would contain most of the Black Belt by adding all of the Montgomery area.

According to Dave's Redistricting App, Joe Biden would have carried both the 6th and the 7th under Singleton's latest plan. However, because several downballot Republicans over the past decade won or only narrowly lost the 6th, the GOP would have had a good chance to maintain control of six of the seven seats.

A different set of litigants known as the Milligan plaintiffs proposed a new map where Black voters would be a majority in two districts, but Singleton's side continued to promote their boundaries as the best solution. Several fellow Democrats were unconvinced, with state House Minority Leader Chris England reposting a thread from journalist Kareem Crayton declaring, "There are more problems with this case than I can discuss here." Sewell's team also filed a brief excoriating the proposed map.

A court-appointed expert tasked with assisting the judges proposed three maps on Monday for their consideration that largely mirrored the Milligan plaintiffs' proposal. The lower court will likely adopt one of them or something similar early next month.

While Singleton isn't getting the map he wants, he expressed interest Tuesday in taking on Sewell anyway. "I'm not running in the new district," he told Alabama Daily News Tuesday, "I'm running in Congresswoman Sewell's, that's what I want, I want the big fish." In a separate interview that day with AL.com, though, he acknowledged he hadn't actually decided, saying, "If the exploratory committee comes back with something positive, we'll be in it. If not, we wish [Sewell] good luck."

The state's filing deadline is set for Nov. 10 and, because Alabama's legislative seats are only up in midterm years, Singleton would not have to risk his current post if he sought a promotion.

● MT-01: EMILY's List on Wednesday endorsed 2022 Democratic nominee Monica Tranel, who faces no serious intra-party opposition as she seeks a rematch against GOP Rep. Ryan Zinke.

● NH-01: Hollie Noveletsky, who runs a steel fabricator business, has filed FEC paperwork for a potential bid against Democratic Rep. Chris Pappas. Noveletsky would join a GOP nomination contest that includes former Executive Councilor Russell Prescott, who took fourth place in the 2022 primary.

● NJ-07: Former state Sen. Ray Lesniak said this week that he would not enter the Democratic primary to take on GOP Rep. Tom Kean Jr. The New Jersey Globe also reports that physician Tina Shah, who served in the Obama and Biden administrations, has decided not to run despite talking to party leaders about a potential bid; David Wildstein writes that one unnamed "party bigwig said at one point Shah said she was in, only to move back to the maybe list a week later."

● TX-28: Jose Sanz, who previously served as district director for Democratic incumbent Henry Cuellar, announced Wednesday that he'd challenge his old boss as a Republican. Sanz is the first notable Republican to launch a bid against Cuellar, who has long been one of the most conservative members of the Democratic caucus, but it remains to be seen if the GOP will seriously target him. Joe Biden won this constituency, which includes Laredo and the eastern San Antonio suburbs, 53-46 two years before Cuellar turned back a well-funded Republican foe 57-43.

It's also unclear if the congressman will be in for another competitive primary challenge. Attorney Jessica Cisneros hasn't ruled out taking him on again after narrowly losing in 2020 and 2022, and there's still a while to go before the Dec. 11 filing deadline.

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