Morning Digest: Ohio Republicans who collaborated with Democrats try to ward off primary challengers

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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Our two big stories at Daily Kos Elections on this Monday morning:

Ohio Republicans have been feuding for more than a year now, but with primaries just weeks away, hostilities between the warring factions have crescendoed to explosive levels. The official campaign arm of the state House GOP is spending heavily to protect a group of lawmakers loyal to Speaker Jason Stephens—who won his post thanks to the votes of Democrats. As you can imagine, the rest of the GOP is still furious and aims to take revenge. Get all the gory details on this major meltdown and how it could impact the next race for speaker.

A party's official endorsement can be a valuable seal of approval, but sometimes it's better not to seek it at all rather than lose badly. That, at least, seems to be the thinking of Lt. Gov. Tammy Miller, who is running for North Dakota's open governorship. She's decided to skip the GOP convention and head straight to the primary. Read more about Miller's conundrum—and some informative recent history that suggests she might be making the right choice.

Senate

CA-Sen: A group called Standing Strong PAC, which recently began running ads designed to help Republican Steve Garvey advance to the general election, has now spent at least $5.2 million, per analyst Rob Pyers. The super PAC, which is run by allies of Democratic Rep. Adam Schiff, has followed the congressman's lead by ostensibly attacking Garvey as a Donald Trump backer who is "too conservative for California."

IN-Sen: Wealthy egg farmer John Rust's Senate campaign got some ominous news Thursday when the Indiana Supreme Court placed a stay on a December ruling by a lower court that gave him the chance to appear on the May 7 GOP primary ballot.

While the state's highest court hasn't issued an opinion on the merits of Rust's case, his attorney predicted that when it comes, it will be bad for the candidate. Rust's team, though, says it might appeal an unfavorable decision to the U.S. Supreme Court.

Rust, who is waging a longshot primary challenge against Rep. Jim Banks, is in this situation because of a state law that only allows candidates to run with the party they belong to. Because there's no party registration in Indiana, the easiest way for Hoosiers to establish their affiliation is if by casting their last two voters in their party's primaries. But while Rust most recently participated in the 2016 GOP primary, his prior vote was in the 2012 Democratic race.

Rust sued to block this law, and a lower court judge sided with him in December. The state Supreme Court heard the state's appeal on Feb. 12, days after candidate filing closed. No other Republicans challenged Banks.

MI-Sen: Former GOP Rep. Mike Rogers on Friday publicized a list of 110 "financial supporters" that featured multiple members of the wealthy and influential DeVos family, including former Secretary of Education Betsy DeVos. Also on the list is former Gov. John Engler, who served from 1991 to 2003 and later had a turbulent stint as interim president of Michigan State University that lasted just a year.

MT-Sen: In the first poll we've seen out of Montana this year, SurveyUSA finds Democratic Sen. Jon Tester with a 49-40 lead over his likely Republican foe, wealthy businessman Tim Sheehy. The survey, conducted for KULR-TV, was finished the day that Rep. Matt Rosendale abruptly ended his week-long Senate bid and shows the congressman losing by an identical 49-40 spread.

Nebraska: Thursday was the deadline for sitting elected officials in Nebraska to file for the May 14 primary, even if they're seeking a different post than the one they currently hold. The filing deadline for candidates not currently in office is March 1, though some non-incumbents have already submitted their names to election officials.

WI-Sen: Former GOP Gov. Scott Walker has endorsed wealthy businessman Eric Hovde ahead of his planned Senate launch this coming week.

Governors

NC-Gov: East Carolina University's newest general election poll shows a 41-41 deadlock between Democratic Attorney General Josh Stein and Republican Lt. Gov. Mark Robinson, a small shift from Robinson's 44-40 advantage in December. The sample favors Donald Trump 47-44 over Joe Biden.

ECU also looks at both sides' March 5 primaries and finds Stein and Robinson far ahead of their respective intraparty rivals. The attorney general outpaces former state Supreme Court Justice Mike Morgan 57-7, while Robinson beats wealthy businessman Bill Graham 53-13.

WA-Gov: The Democratic firm Public Policy Polling shows Democratic Attorney General Bob Ferguson leading former Republican Rep. Dave Reichert 46-42 in its new survey for the Northwest Progressive Institute. That's a turnaround from PPP's last poll, which put Reichert ahead 46-44 in November.

What hasn't changed, though, is that Ferguson and Reichert appear poised to easily advance out of the Aug. 6 top-two primary. PPP places Ferguson in first with 35% as Reichert leads his fellow Republican, former Richland school board member Semi Bird, 27-9 for the second general election spot. Another 4% opt for Democratic state Sen. Mark Mullet, while the remaining 25% are undecided.

House

CA-20: Republican businessman David Giglio announced Friday that he was ending his campaign and endorsing Tulare County Sheriff Mike Boudreaux in the March 5 top-two primary, though Giglio's name will remain on the ballot. Giglio made national news in October when he launched an intraparty challenge to then-Rep. Kevin McCarthy, but he finished the year with just $3,000 in the bank. Giglio also did not file to compete in the March 19 special election for the remainder of McCarthy's term.

CA-47: Jewish Insider's Matthew Kassel flags that AIPAC's United Democracy Project has spent an additional $700,000 in its bid to stop Democratic state Sen. Dave Min from advancing out of the March 5 top-two primary, which brings its total investment to $1.5 million.

NC-13: A woman named Angela McLeod Barbour has accused one of the Republicans competing in the busy March 5 primary for North Carolina's 13th Congressional District, businessman DeVan Barbour, of repeatedly propositioning her for sex through phone calls and text messages, according to a new report from journalist Bryan Anderson.

"He wanted me to drive to his house and have sex with him," she said of the married candidate, whom she also claims was "fully unclothed" and intoxicated in his communications with her on the night in question in 2021. (The two are not related.)

DeVan Barbour, who has promoted himself as a proud husband, told Anderson in response that "[t]hese accusations are 100% false." Last month, Anderson described Barbour as one of the four main Republicans running to succeed Democratic Rep. Wiley Nickel, who did not seek reelection after the GOP legislature gerrymandered his seat. The other three are attorney Kelly Daughtry, former federal prosecutor Brad Knott, and businessman Fred Von Canon.

TN-07: Two Republicans tell the Tennessee Lookout's Sam Stockard that they're interested in running to succeed GOP Rep. Mark Green, who unexpectedly announced his retirement on Wednesday. One prospective candidate for the August primary is former state Rep. Brandon Ogles, whose cousin, Andy Ogles, represents the neighboring 5th District. The other is state Sen. Bill Powers, whom Stockard identifies as a car dealer.

Other GOP candidates Stockard mentions are physician Manny Sethi, who lost the 2020 Senate primary to eventual winner Bill Hagerty, and former Williamson County GOP chairman Omar Hamada. Political scientist Michael Bednarczuk separately name-drops state Sen. Kerry Roberts in a piece for The Tennessean.

Stockard also runs down a further list of Republicans he says were "mentioned on a conservative radio talk show," though some of these options seem completely unrealistic:

  • 2023 Franklin mayoral candidate Gabrielle Hanson
  • Former State Department official Morgan Ortagus
  • Conservative TV host Candace Owens
  • Singer John Rich
  • Singer Kid Rock
  • 2023 Nashville mayoral candidate Alice Rolli
  • Music video producer Robby Starbuck

Kid Rock (real name Robert James Ritchie) spent much of 2017 flirting with a Senate bid in Michigan against Democratic incumbent Debbie Stabenow, but he never went for it. He later told Howard Stern he wasn't ever serious about the idea either, recounting that he'd informed Eminem's manager, "I've got motherfuckers thinking I'm running for Senate.' People who are in on it are like, 'Are you really doing it?' I'm like: 'Dude, you're fucking in on the joke! Why you asking me if I'm doing it?'"

Meanwhile, both Ortagus and Starbuck tried to run against Andy Ogles in the 5th District last year, only to be denied a place on the ballot by party leaders for failing to meet the GOP's criteria for running in a primary. Starbuck unsuccessfully sued, which is a big problem for his future hopes for office: The state GOP last month passed new by-laws stating that any person who's sued the party cannot appear on a primary ballot for the ensuing decade.

At least one Republican is demurring, though: Stockard writes that state Senate Majority Leader Jack Johnson has conveyed to sources that he's not at all interested.

On the Democratic side, former Nashville Mayor Megan Barry began running for this 56-41 Trump seat back in December. Stockard also writes that state Rep. Bo Mitchell is "rumored to be considering." The filing deadline is April 4.

VA-07: Green Beret veteran Derrick Anderson publicized an endorsement on Friday from 2nd District Rep. Jen Kiggans ahead of the GOP nomination contest. Anderson already had the support of Speaker Mike Johnson in his quest to flip the competitive 7th, which Democratic Rep. Abigail Spanberger is giving up to concentrate on her 2025 bid for governor.

WA-05: Former Spokane County Sheriff Ozzie Knezovich tells The Inlander's Nate Sanford he'll decide over the next two weeks whether he'll compete in the August top-two primary to succeed retiring Rep. Cathy McMorris Rodgers, a fellow Republican. Sanford notes that Knezovich, who did not seek reelection in 2022, relocated to Wyoming after leaving office.

On the Democratic side, both state Rep. Marcus Riccelli and state Senate Majority Leader Andy Billig tell Sanford they won't run for this 54-44 Trump seat.

Ballot Measures

NV Ballot: A Nevada state court has ruled that two proposed constitutional amendments that would establish a bipartisan redistricting commission cannot appear on the ballot because they would fail to raise the needed revenue. One of the proposals would take effect in 2027 and replace Nevada's current Democratic-drawn maps ahead of the 2028 elections, while the other would not come into force until 2031, following the next census.

Supporters have not yet indicated whether they will appeal or revise their proposals. However, they would have only until June 26 to submit the 102,362 voter signatures needed to qualify for November's ballot. Initiated amendments in Nevada must be approved by voters in two consecutive elections to become law.

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Campaign Action

Morning Digest: A right-wing darling wants a CNN gig. His enemies want his seat

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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CO-04: Colorado state Rep. Richard Holtorf announced Tuesday that he was forming an exploratory committee for a potential primary bid against Republican Rep. Ken Buck, a Freedom Caucus member who has improbably morphed into a vocal critic of extremists in his own party. Holtorf may not get his chance to take on Buck, though, as the congressman revealed that same day that he was interested in leaving the House to take an on-air cable news job.

Holtorf, who is the first notable Republican to publicly express interest in campaigning against the incumbent in the 4th District, told Colorado Public Radio he'd make up his mind in December. The state representative took Buck to task for condemning a letter from local Republicans accusing the federal government of violating the rights of Jan. 6 defendants, as well as Buck's opposition to his party's fervor to impeach Joe Biden. "Why is he on CNN and MSNBC?" asked Holtorf, "I don't think the message he is explaining represents the sentiment of the district."

But voters may soon see a whole lot more of their congressman on one of those networks than in eastern Colorado. The New York Post published a story shortly after the CPR interview went live in which Buck said, "I am interested in talking to folks at CNN and other news organizations—on the, I don't want to call them left, but sort of center-left—and having an opportunity to do that full-time or do that as a contributor would be great also."

Buck went on to inform the paper he was also eyeing similar roles at hard-right outlets like Fox News and Newsmax, though he added that he hasn't decided if he wants to leave the House just yet. And despite publishing a Washington Post piece titled, "My fellow Republicans: One disgraceful impeachment doesn't deserve another," Buck also said he hadn't actually ruled out voting to impeach Biden. "I am not opposed to impeachment, I'm opposed to the impeachment inquiry because I don't think it gives us any broader authority to investigate this," the congressman argued.

Until recently, it would have been tough to imagine Buck speaking out against his party's far-right elements. Buck, who previously served as Weld County district attorney, first emerged on the national scene as a prominent tea partier in the 2010 cycle when he challenged Democratic Sen. Michael Bennet. His hardline rhetoric, however, helped cost his party a pickup during what was otherwise a massive GOP wave.

Late in the campaign, Buck appeared on "Meet the Press" and said he stood by his 2005 declaration that he had refused to prosecute an alleged rape because "a jury could very well conclude that this is a case of buyer's remorse." He also argued that being gay was a choice. "I think birth has an influence over it," he said, "like alcoholism and some other things, but I think that basically you have a choice." Republicans quickly responded to Buck's narrow loss by citing him, along with Delaware's Christine O'Donnell and Nevada's Sharron Angle, as a cautionary example of what happens when the party chooses extremist nominees in crucial Senate races.

Unlike his fellow travelers, though, Buck actually had a future in elected office. For a time in 2014, he waged another Senate bid, but then switched places with Rep. Cory Gardner when the latter decided to wage a late campaign against Democratic Sen. Mark Udall.

Buck decisively won the primary for Gardner's seat by a 44-24 margin, and he's never had trouble holding his reliably red constituency. He went on to chair the state GOP ahead of a dispiriting 2020 cycle and has spent most of his tenure as an ardent conservative, though he broke from Freedom Caucus doctrine in 2021 when he became part of the minority of Republicans to vote to recognize Biden's win.

Holtorf, by contrast, likely has far more in common with most of Buck's colleagues on the extreme right. The state representative made national news in 2021 when he called a Latino colleague "Buckwheat," claiming later that he didn't know of the racist origins of the word. Holtorf again attracted unwanted attention again the next year when he accidentally dropped his gun in the state capitol while rushing to a vote, an episode that one observer called "reckless and scary."

The Downballot

 We did it! And it's all thanks to Molech! We're devoting this week's episode of "The Downballot" to giving praise to the dark god himself after New Hampshire Democrat Hal Rafter won a critical special election over Republican Jim Guzofski, the loony toons pastor who once ranted that liberals make "blood sacrifices to their god Molech." Democrats are now just one seat away from erasing the GOP's majority in the state House and should feel good about their chances in the Granite State next year. Republicans, meanwhile, can only stew bitterly that they lack the grassroots fundraising energy provided by Daily Kos, which endorsed Rafter and raised the bulk of his campaign funds via small donations.

We're also joined by Daily Kos Elections' own Stephen Wolf to update us on the ongoing litigation over Alabama's congressional map. In an unusual move, the court's appointed expert invited the public to submit their own proposals as he prepares replacement maps, so Wolf took him up on the offer and drew two plans of his own. Wolf describes those plans in detail and sings the praises of Dave's Redistricting App, the invaluable free tool that has allowed ordinary citizens to participate in the redistricting process in ways never before possible.

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

AZ-Sen: Politico reported Wednesday that Republican Kari Lake, who continues to challenge her defeat in last year's race for governor, will "almost certainly" announce in October that she'll run for the Senate, which is the same timeline Axios laid out last month. Pinal County Sheriff Mark Lamb has been campaigning for the GOP nod since April, but it remains to be seen if any other notable names will join in. While multiple publications said just before Labor Day that 2022 Senate nominee Blake Masters had decided to get in, a separate Politico story from Wednesday says his entry is "now on hold as Kari Lake preps her entry."

IN-Sen: Wealthy businessman John Rust has filed a lawsuit to challenge the state law that would keep him off the GOP primary ballot, though he'd be the underdog against Rep. Jim Banks even if he succeeded in court.

The state only allows candidates to run with the party they belong to, and the easiest way for Hoosiers to establish party affiliation is to cast their two most recent primary votes in that side's nomination contests. (There is no party registration in Indiana.) But while Rust most recently participated in the 2016 GOP primary, his prior vote was in the 2012 Democratic race. Candidates can get an exemption if their local party chair certifies that they belong to the party, but Jackson County party head Amanda Lowery said last month she wouldn't do this.

Governors

KY-Gov: Democratic incumbent Andy Beshear has launched his most hard-hitting ad of the race, a spot where a rape survivor condemns Republican Attorney General Daniel Cameron's ardent opposition to abortion rights.  "I was raped by my stepfather after years of sexual abuse," says a woman identified as Hadley. "I was 12."

Hadley continues, "Anyone who believes there should be no exceptions for rape and incest could never understand what it's like to stand in my shoes. This is to you, Daniel Cameron: to tell a 12-year-old girl she must have the baby of her stepfather, who raped her, is unthinkable."

Beshear last month became probably the first statewide candidate to ever air a general election ad attacking the GOP's opposition to abortion rights, and Planned Parenthood has also launched digital ads on the topic. Cameron has defended the state's near-total ban, which has no exemptions for rape or incest, in court and on the campaign trail, telling LEX 18 News in April, "I'm not going to waiver in my position on this and we're going to continue to defend the law as is."

The attorney general seems to have finally recognized that that stance is toxic even in this conservative state, and he declared Monday, "If our legislature was to bring legislation before me that provided exceptions for rape and incest, I would sign that legislation."

Beshear's side quickly made it clear they wouldn't stop attacking his record in office, though. The state Democratic Party posted 2022 footage Tuesday where Cameron celebrated the end of Roe v. Wade by proclaiming, "Abortion is, for all intents and purposes, over here in the commonwealth, with the exemption of life [of the mother]. There is no rape and incest exemption." The governor's campaign debuted this new ad the following day.

LA-Gov: State Rep. Richard Nelson, who raised little money and barely registered in the polls, announced Wednesday that he was exiting the Oct. 14 all-party primary and endorsing his fellow Republican, far-right Attorney General Jeff Landry. Nelson said last month that he was interested in replacing another now-former GOP rival, Stephen Waguespack, as head of the state's Chamber of Commerce affiliate, but he also acknowledged Wednesday that the group had passed him over.

UT-Gov, UT-Sen: While former Rep. Jason Chaffetz still hasn't ruled out running for governor or Senate this cycle, the Republican acknowledged to KSL he's likely to remain a Fox News talking head instead. "That's not something I'm planning to do, challenging Gov. [Spencer] Cox is not in my plans," said Chaffetz, adding he's more interested in seeking the governorship in 2028. He also said of a campaign to succeed retiring GOP Sen. Mitt Romney, "I haven't fully closed the door on it, but it's not something I'm actively pursuing."

House

CA-40: EMILY's List has endorsed Tustin Unified School District trustee Allyson Muñiz Damikolas in the top-two primary to face GOP Rep. Young Kim in an eastern Orange County seat that Joe Biden carried 50-48. Damikolas' only notable intra-party foe is retired Orange County Fire Capt. Joe Kerr, who previously earned endorsements from four Southern California House Democrats: Senate candidates Katie Porter and Adam Schiff, plus Reps. Lou Correa and Mike Levin.

Ballot Measures

AZ Ballot: A campaign has launched in Arizona to place an amendment on next year's general election ballot to do away with the state's partisan primaries starting in 2026, an effort that comes months after Republican legislators placed their own amendment on the ballot to protect the status quo and ban instant-runoff voting. The Arizona Mirror says that if both amendments won next year, only the one with the most support would take effect.

However, even if voters opted to change how elections are conducted, it still wouldn't be up to voters what system they'd get to use. Axios' Jeremy Duda explains that, while all the candidates would run on one all-party primary ballot, it would be up to the legislature if anywhere between two and five contenders would advance to the general election for races where only one candidate can win.

Instant-runoff voting would be used for the second round of voting if more than two contenders are allowed to move forward, but the GOP's hatred of ranked-choice voting means that this almost certainly wouldn't happen as long as the party maintains its narrow majorities in both chambers. Should the legislature fail to reach an agreement, though, it would be up to the secretary of state―a post currently held by Democrat Adrian Fontes―to make this call.

In order to qualify for the ballot, the campaign must secure about 384,000 valid signatures by July 3. Republican leaders very much hope it fails to hit this target, with state party chair Jeff DeWit ardently condemning the effort.

OH Ballot: Ohio's Republican-led Supreme Court on Tuesday upheld most of the summary that the conservative Ohio Ballot Board crafted for the Nov. 7 proposed abortion rights amendment to replace the one drawn up by the amendment's backers, including text that substitutes the words "unborn child" in place of "fetus." The actual text of the amendment that would go into the state constitution remains unchanged.

One Republican on the seven-member body, Justice Pat Fischer, sided with the three Democrats to order the Ballot Board to swap the words "state of Ohio" out for "citizens of the state of Ohio" in a passage describing who had the power to limit access to the procedure. However, the summary that will go before voters will still declare that the amendment would "[a]lways allow an unborn child to be aborted at any stage of pregnancy, regardless of viability if, in the treating physician's determination, the abortion is necessary to protect the pregnant woman's life and health."

Mayors & County Leaders

Manchester, NH Mayor: Republican Jay Ruais and Democrat Kevin Cavanaugh advanced out of Tuesday's nonpartisan primary to the Nov. 7 general election to succeed retiring incumbent Joyce Craig, who is seeking the Democratic nomination for governor, for a two-year term as leader of New Hampshire's largest city. Ruais secured 42% while Cavanaugh, a former state senator who went into the first round with endorsements from Craig and Sen. Maggie Hassan, beat out fellow Democratic Alderman Will Stewart 25-19 for second; a third Democratic alderman, June Trisciani, took the remaining 14% and quickly backed Cavanaugh.

While supporters of Ruais, who is a former congressional staffer, celebrated his first-place finish, at least one prominent Republican strategist noted that the three Democrats outpaced him 58-42. Michael Biundo tweeted that Ruais "will celebrate tonight and he should," but continued, "as someone that has spent a lot of time around Manchester politics, the fact the Democrats got a combined majority is a cautionary tale for the GOP. Lots of work ahead if Manchester is going to move in a better direction."

While Manchester, with a population of just over 110,000, isn't a particularly large city by American standards, its status as one of the few places with a sizable concentration of voters and activists in New Hampshire makes it an enticing place for presidential hopefuls to burnish their profiles—not to mention fill their favor banks. The mayor's office also is an attractive springboard to bigger things, particularly given the dearth of statewide elected positions in New Hampshire (only the governor and its two U.S. senators are elected by the entire state).

Republicans had held the mayor's office for more than a decade prior, but Craig broke their streak in 2017 by unseating incumbent Ted Gatsas. The GOP is now hoping to win this key city back even though Biden carried it by a 56-42 margin, which was the best performance by a Democratic presidential candidate since 1996.

San Mateo County, CA Board of Supervisors: Former Rep. Jackie Speier unexpectedly announced Tuesday that she would run for an open seat on the San Mateo County Board of Supervisors, the five-member body the Democrat previously served on four decades ago. Speier first won that post in 1980, two years after she survived the 1978 Jonestown cult shooting that murdered her boss, Rep. Leo Ryan, by unseating a 20-year incumbent. She left after she was elected to the state Assembly in 1986, and she'd eventually serve close to 15 years in Congress.

Speier, who retired from the House last cycle, launched her new effort this week by declaring, "The people of District 1 know me, and I know them. I will use the skills I've honed, the relationships I've built, and the experiences I've earned to fix problems our community confronts." She should have a far easier time winning the officially nonpartisan race south of San Francisco than she did in 1980, as the two major contenders, Millbrae Councilmember Gina Papan and Burlingame Councilmember Emily Beach, both dropped out and endorsed her. The nonpartisan primary will be in March, with a November general if no one wins a majority.

P.S. Three of Speier's former House colleagues currently serve on the board of supervisors for other counties in California. Democrat Janice Hahn gave up her seat in 2012 to wage a successful bid in Los Angeles County, while Republican Paul Cook did the same thing in 2020 in San Bernardino County to the east. Another Democrat, Hilda Solis, left the House in 2009 to become U.S. secretary of labor, and she later won the 2014 race to join Hahn on the governing body for America's most populous county, whose five supervisors each represent nearly three times as many constituents as House members do.

This sort of career switch hasn't worked out for every House member, though. In 2014 freshman Democratic Rep. Gloria Negrete McLeod left her safely blue seat to run for the San Bernardino County Board of Supervisors only to lose a tight race to Republican Assemblyman Curt Hagman, and their 2018 rematch went the same way.

Other Races

Los Angeles, CA City Council: City Councilmember Kevin de León announced Wednesday that he'd seek reelection, a development that comes almost a year after audio surfaced where he and two of his then-colleagues made racist comments about other councilmembers and Los Angeles residents. De León, who defied calls for his resignation from President Joe Biden and other prominent Democrats, told Politico, "I understood in a deeper way the relationship that I had with my community and how that motivates and drives me. That's why I'm still here."

De León, who is a former leader of the state Senate, rose to national prominence in the 2018 cycle when he waged an unsuccessful challenge from the left against Democratic Sen. Dianne Feinstein, but he returned to elected office in 2020 when he won a seat on the 15-member City Council in America's second-largest city.

De León went on to take a distant third place in the 2022 nonpartisan primary for mayor, but he had much bigger concerns a few months later when audio leaked of his 2021 conversation with City Council President Nury Martinez, City Councilman Gil Cedillo, and labor leader Ron Herrera. The quartet discussed how to use City Council redistricting to strengthen Latino representation and weaken their opponents, and Martinez also made bigoted remarks about Jews, Armenian Americans, African Americans, and Oaxacans.

At one point De León was recorded agreeing when Martinez described the Black adopted child of a white colleague, Mike Bonin, as "an accessory," with De León saying Bonin's decision to bring his son to political events was like "when Nury brings her Goyard bag or the Louis Vuitton bag." De León also described Bonin as the council's "fourth Black member," adding, "Mike Bonin won't fucking ever say peep about Latinos. He'll never say a fucking word about us."

The release of the recording turned into a national scandal, and both Martinez and Herrera ended up resigning; Cedillo, who had lost reelection months before, ended up staying until his term ended that December. But De León, who would call his insult about the younger Bonin as "a flippant remark," remained put. He argued to Politico this week that, while he should have called out Martinez and the others during their talk, "The context of our conversation was about redistricting and ensuring equal representation." He continued, "You have to look no further than the maps that were drawn. Are they fully reflective of the demographics of the city? Not really."

De León's many foes, though, aren't accepting any of his apologies or explanations. Two Democratic members of the California Assembly, Miguel Santiago and Wendy Carrillo, said that, while they didn't diverge with the incumbent on policy, he couldn't remain in office. Another contender, tenants rights attorney Ysabel Jurado, meanwhile argued she'd represent a change from the unacceptable status quo in city politics.

All of the candidates will face off on one nonpartisan ballot in March, which is the same day that California holds its federal and state primary, and a November runoff would take place unless someone secures a majority. However, several labor leaders argue to Politico that the incumbent is anything but doomed. "He's out in the community," said one unnamed source, while another said the crowded field could make it tougher to present a united front.

Where Are They Now?: Heading to the pokey. Former Rep. Steve Buyer, an Indiana Republican who served from 1993 until his 2011 retirement, was sentenced to 22 months in prison Tuesday for insider trading, and the judge ordered him to report to jail in late November.

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Morning Digest: Why this Nebraska district will host an even bigger barn-burner in ’24

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

Subscribe to The Downballot, our weekly podcast

Leading Off

NE-02: Democratic state Sen. Tony Vargas announced Wednesday that he'd seek a rematch against Rep. Don Bacon, the Republican who beat him 51-49 in last year's expensive campaign for Nebraska's 2nd District. Vargas, who is the son of immigrants from Peru, would be the first Latino to represent the Cornhusker State in Congress. He currently faces no serious intra-party opposition as he seeks to avenge his 2022 defeat, and unnamed Democratic sources also the Nebraska Examiner they don't expect that to change.

This constituency, which includes Omaha and several of its suburbs, favored Joe Biden 52-46, but the four-term Republican has been tough to dislodge. Vargas and his allies ran ads last year emphasizing Bacon's supports for a bill banning abortion nationally after 15 weeks, something the congressman tried to pass off as a moderate option. The GOP, meanwhile, hit back with commercials accusing Vargas of voting "to release violent prisoners." Vargas, who favored bipartisan legislation that would have made prisoners eligible for parole after two years instead of halfway through their term, responded by stressing his support for law enforcement, but it wasn't enough.

Bacon's profile has risen nationally since that tight win, and he's emerged as one of Speaker Kevin McCarthy's most outspoken allies. The Nebraskan made news during the speakership vote when he suggested that members of both parties could unite behind one candidate as a "last resort," arguing that such an outcome would be the fault of "six or seven" far-right Republicans. Bacon has continued to denounce his colleagues in the Freedom Caucus, but while he continues to muse, "I'm of the position that at some point we gotta just do coalition government with the Democrats and cut these guys out," he's yet to take any obvious action to actually make that happen.

A few other things will be different for the 2024 cycle. Vargas' Republican colleagues in the officially nonpartisan legislature passed a bill in May banning abortion after 12 weeks. Vargas, who opposed the measure, used his kickoff to emphasize how he'd "work to protect abortion rights" in Congress. But rather than try to downplay the issue, as many other Republicans have, Bacon has responded by claiming that Vargas "wants zero restrictions" on the procedure. (Vargas argued last year that "elected officials like me should be playing absolutely no role" over women's health decisions.)

The presidential election could also complicate things, especially since Nebraska, along with Maine, is one of just two states that awards an electoral vote to the winner of each congressional district. Bacon ran well ahead of the top of the ticket in 2020 and prevailed 51-46 even as Donald Trump was losing the 2nd 52-46 (the presidential numbers were the same under both the old and new congressional maps thanks to GOP gerrymandering), but Democrats are hoping that he'll have a much tougher time winning over ticket-splitters next year.

2Q Fundraising

The second fundraising quarter of the year, covering the period of Apr. 1 through June 30, has come to an end, and federal candidates will have to file campaign finance reports with the FEC by July 15. But as per usual, campaigns with hauls they're eager to tout are leaking numbers early, which we've gathered below.

  • CA-Sen: Adam Schiff (D): $8.1 million raised
  • MD-Sen: Angela Alsobrooks (D): $1.6 million raised (in seven weeks), $1.25 million cash on hand
  • MO-Sen: Lucas Kunce (D): $1.2 million raised
  • PA-Sen: Bob Casey (D-inc): $4 million raised
  • TX-Sen: Colin Allred (D): $6.2 million raised (in two months)
  • WI-Sen: Tammy Baldwin (D-inc): $3.2 million raised
  • CA-47: Scott Baugh (R): $545,000 raised, $1 million cash on hand
  • NY-22: Sarah Klee Hood (D): $319,000 raised (in 10 weeks), $221,000 cash on hand
  • RI-01: Don Carlson (D): $312,000 raised, additional $600,000 self-funded, $750,000 cash on hand
  • TX-32: Julie Johnson (D): $410,000 raised (in 11 days), Brian Williams (D): $360,000 raised (in six weeks)

Ballot Measures

OH Redistricting: The U.S. Supreme Court vacated last year's ruling by the Ohio Supreme Court that struck down the state's congressional map in a brief order issued just before the holiday weekend, directing the Ohio court to reconsider the case in light of the federal Supreme Court's recent decision in a related redistricting case out of North Carolina.

In the North Carolina case, known as Moore v. Harper, the Supreme Court rejected a radical argument by Republican legislators that would have allowed them to gerrymander without limits. Republicans claimed that the U.S. Constitution forbids state courts from placing any curbs on state lawmakers with regard to laws that concern federal elections, including the creation of new congressional maps. The supreme courts in both states had struck down GOP maps as illegal partisan gerrymanders, and in both cases, Republicans responded by asking the U.S. Supreme Court to overturn those rulings.

The Supreme Court declined to do so in Moore, but a majority of justices in the North Carolina matter did embrace a more limited version of the GOP's argument, saying that "state courts may not transgress the ordinary bounds of judicial review" when assessing state laws that affect federal elections. The U.S. Supreme Court now is asking the Ohio Supreme Court to determine whether it did in fact transgress these bounds in its prior ruling.

The written opinion in Moore, however, declined to provide any guidance whatsoever as to what those bounds might be, or what transgressing them might look like. The Ohio Supreme Court, therefore, faces the awkward task of deciding whether to tattle on itself without really knowing what it might have done wrong. Still, it's hard to see how the court might have run afoul of this standard, even if interpreted loosely. But whatever it decides, the outcome likely won't make any difference.

That's because partisan Republicans took firm control of the state Supreme Court in November after moderate Republican Maureen O'Connor, who had sided with the court's three Democrats to block GOP gerrymanders, retired due to age limits. The new hardline majority would likely have overturned the court's previous rulings rejecting Republican maps regardless of the U.S. Supreme Court's new order. As a consequence, Ohio will likely be able to use the same tilted map next year, or possibly even a more egregiously slanted one, since Republicans recently said they might pass a new map this fall.

Senate

IN-Sen: Egg farmer John Rust, who is reportedly wealthy and could self-fund a bid for office, has filed paperwork to run in next year's GOP primary for Indiana's open Senate seat. Rust, however, has not yet commented publicly, so it's not clear what kind of opening he might see for himself, given that Republican leaders have almost universally rallied behind Rep. Jim Banks' campaign to succeed Sen. Mike Braun.

MI-Sen: Former Republican Rep. Mike Rogers, who previously said "never say never" in regard to a possible bid for Michigan's open Senate seat, is now "seriously weighing" a campaign, according to two unnamed sources cited by Politico's Burgess Everett. A consultant for Rogers, who's been weighing a hopeless campaign for president, also declined to rule out the possibility in a statement.

Meanwhile, Time's Mini Racker reports that John Tuttle, an executive with the New York Stock Exchange, "is likely to enter" the GOP primary, per an anonymous source, and could do so by the middle of this month. In May, NRSC chair Steve Daines praised Tuttle as "a strong potential recruit." Racker's source also says that former Rep. Peter Meijer is "seriously looking" at a campaign but "may wait months" to decide; earlier this year, Meijer would only say "no comment" when the New York Times asked about his interest.

The only noteworthy Republican in the race so far is state Board of Education member Nikki Snyder, though her presence hasn't deterred anyone else. Democrats, by contrast, have largely coalesced around Rep. Elissa Slotkin, though she faces a few opponents, most notably state Board of Education President Pamela Pugh.

MT-Sen: Rep. Ryan Zinke took himself out of the running for the right to take on Democratic Sen. Jon Tester by endorsing former Navy SEAL Tim Sheehy for the GOP nomination instead. But while Sheehy is a favorite of D.C. Republicans, he's still likely to have company in the primary in the form of Montana's other congressman, the hard-right Matt Rosendale.

NV-Sen: The Nevada Independent's Gabby Birenbaum flags that Army veteran Sam Brown, who's reportedly a favorite of national Republicans, has a "special announcement" planned for Monday. So far, the only prominent Republican seeking to challenge first-term Democratic Sen. Jacky Rosen is notorious election conspiracy theorist Jim Marchant, who came very close to winning last year's race for secretary of state.

OH-Sen: East Carolina University's new poll gives Democratic Sen. Sherrod Brown small leads against a trio of Republican foes:

  • 45-44 vs. state Sen. Matt Dolan
  • 44-42 vs. Secretary of State Frank LaRose
  • 46-42 vs. businessman Bernie Moreno

LaRose hasn't announced yet, though he unsubtly tweeted a picture of an FEC statement of organization form dated July 15.

VA-Sen: Navy veteran Hung Cao, who was last year's GOP nominee against Democratic Rep. Jennifer Wexton, has filed FEC paperwork for what would be a longshot campaign against Democratic Sen. Tim Kaine.

Governors

WA-Gov: Former Rep. Dave Reichert on Friday filed paperwork for a potential campaign for governor, which is the furthest the Republican has ever come to running for statewide office despite flirting with the idea several times during his career. Reichert, a former swing district congressman who is arguably his party's most formidable candidate, has yet to publicly commit to entering the top-two primary.

WV-Gov: 2020 Democratic nominee Ben Salango said Wednesday he's decided not to run to succeed termed-out Gov. Jim Justice, the Republican who beat him 63-30. No serious Democrats have entered the race to lead what has become an inhospitable state for their party especially over the last decade, though Huntington Mayor Steve Williams responded to the news by reaffirming his interest to MetroNews.

"I said at the Juneteenth that I intend to run, but that it won't be official until I intend to file and that wouldn't be until sometime in July or August" said Williams, who runs West Virginia's second-largest state. The mayor didn't commit to anything, adding, "It's never official until it's official."

House

AZ-06: Businessman Jack O'Donnell has quietly ended his month-old campaign for the Democratic nomination, a move the Arizona Republic says he made "without comment." O'Donnell's departure leaves former state Sen. Kirsten Engel without any intra-party opposition as she seeks a rematch against freshman Republican Rep. Juan Ciscomani, who beat her 51-49 last cycle.

CO-08: Thornton Mayor Jan Kulmann, who took second in last year's GOP primary, says she won't try again this cycle.

FL-11: While far-right troll Laura Loomer declared early this year that she'd be seeking a GOP primary rematch against veteran Rep. Daniel Webster, whom she held to a shockingly close 51-44 last cycle, she now tells Florida Politics she's still making up her mind about another try. "Right now, my entire focus is the re-nomination and reelection of President Donald J. Trump, and exposing Ron DeSantis for the con man that he is," she said, continuing, "I am preserving all of my options regarding a potential candidacy for U.S. Congress in Florida's 11th district."

Loomer also predicted that if she ran she'd "pulverize" both Webster and former state Rep. Anthony Sabatini, who is the congressman's only notable declared intra-party foe in this conservative seat in the western Orlando suburbs. Sabatini, a hard-right extremist who lost last year's primary for the neighboring 7th District to now-Rep. Cory Mills, says he's raised $205,000 during the first three months in his campaign to replace Webster as the congressman for the gargantuan retirement community of The Villages.

IL-12: Darren Bailey, the far-right former state senator who was the GOP’s nominee for governor of Illinois last year, used a Fourth of July celebration at his family farm to announce that he’d challenge Rep. Mike Bost for renomination. Bost, who confirmed last month that he’d seek a sixth term in downstate Illinois' dark red 12th District, is himself an ardent Trumpist who voted to overturn Joe Biden’s win in the hours after the Jan. 6 attacks.

Bailey did not mention the incumbent in his kickoff or subsequent launch video, preferring instead to praise Trump and denounce “weak-kneed politicians who refuse to stand up and fight.” The also posted a picture on Facebook reading “Hands off my AR” on Tuesday—the first anniversary of the mass shooting in Highland Park. (The Chicago Tribune reminds us that last year, before the gunman was even caught, Bailey urged his followers to “move on and let’s celebrate — celebrate the independence of this nation.”)

The NRCC wasted no time making it clear that it was firmly in Bost's corner and previewed some of the material it might use. “Darren Bailey moved to a downtown Chicago penthouse to get blown out by JB Pritzker, now he’s back seeking another political promotion,” said in a statement. Bailey, who filed a 2019 bill to kick Chicago out of Illinois, sought to explain why he’d taken up residence in the Windy City last year. “You can’t deny there’s problems here," he argued. "And if we keep denying these problems, the problems are going to get worse.”

Just a day after 55-42 drubbing by Pritzker, the Tribune reported that Bost’s allies were worried the senator would turn around and take on the congressman—and they may have good reason to fret that he could put up a fight. According to an estimate from OurCampaigns, Bailey ran slightly ahead of Trump's 71-28 performance in the 12th District, carrying it 73-25 last year. Bost, though, also bested Trump's showing, winning his own race 75-25.

Trump has lent his support to both men in the past, so there's no telling whether he'll take sides this time. Just ahead of last year's primary, he endorsed Bailey—much to the delight of Democrats, who spent a fortune to help him win the nod in the ultimately correct belief he'd prove a weak opponent for Pritzker. Trump also headlined a rally for Bost in 2018, when the congressman was in the midst of a tough reelection battle. (Democrats later redrew the 12th District to make it much redder by packing in as many Republican voters as possible.)

MD-06: State House Minority Leader Jason Buckel tells Maryland Matters' Josh Kurtz that, while he's still considering a bid for the GOP nod, he's postponing his decision from late July to late August.

Former Del. Dan Cox, the election denier who cost the GOP any chance it had to hold Maryland's governorship last year, also says he remains undecided, but he adds that he had nothing to do with a "Dan Cox for U.S. Congress" FEC committee that was set up Monday. "I'd like to know who did this," Cox said of the committee, which ceased to exist the following day.

MI-07: Former state Sen. Curtis Hertel on Wednesday filed FEC paperwork for his long-anticipated campaign for this competitive open seat, a development that came days after the Democrat stepped down as Gov. Gretchen Whitmer's director of legislative affairs.

NJ-07, NJ-Sen: Roselle Park Mayor Joseph Signorello told the New Jersey Globe Monday that he's decided to end his longshot Democratic primary bid against Sen. Robert Menendez and instead challenge freshman GOP Rep. Tom Kean Jr. Signorello's entire 14,000-person community is located in Democratic Rep. Donald Payne's 10th District, but the mayor previously said he lives "five minutes away" from Kean's constituency.

The only other notable Democrat campaigning for the 7th is Working Families Party state director Sue Altman, who says she raised $200,000 during her first month in the primary. Former state Sen. Ray Lesniak has talked about getting in as well, while the Globe reported last week that former State Department official Jason Blazakis is also considering joining the race.

NY-17: Former Rep. Mondaire Jones announced on Wednesday that he'd seek the Democratic nomination to take on freshman Republican Rep. Mike Lawler in New York's 17th District, a lower Hudson Valley constituency that Joe Biden carried 54-44 in 2020. Jones, who unsuccessfully ran in New York City last year because of a strange set of redistricting-induced circumstances, used his intro video to emphasize his local roots in Rockland County and record securing funds for the area during his one term in D.C.

Before Jones can focus on reclaiming this seat, though, he has to get through what could be an expensive primary against local school board member Liz Gereghty, the sister of Michigan Gov. Gretchen Whitmer. Gereghty, who launched her campaign in mid-May, announced this week that she'd raised $400,000 though the end of last month. The field also includes former Bedford Town Supervisor MaryAnn Carr, but it remains to be seen if she'll have the resources to run a strong campaign.

In the 2020 election cycle, Jones sought what was, at the time, a safely blue seat held by Democratic Rep. Nita Lowey. Lowey, however, retired soon after Jones launched his campaign, and he won a competitive, multi-way battle for the Democratic nomination. Jones made history with his comfortable victory that fall by becoming the first openly gay black member of Congress, a distinction he shared with fellow New York Democrat Ritchie Torres. (It was only after she died in 1996 that news accounts identified legendary Texas Rep. Barbara Jordan as a lesbian; she never discussed her sexuality during her lifetime.)

Two years later, Jones seemed to be on track for another easy win, but everything changed after New York's highest court rejected state's new Democratic-drawn congressional map and substituted in its own lines. Fellow Rep. Sean Patrick Maloney, who represented a neighboring district and also chaired the DCCC, infuriated Jones and many local Democrats when he decided to seek reelection in the 17th District rather than defend the 18th, a slightly more competitive seat that included the bulk of his current constituents.

Jones decided to avoid a primary by campaigning for the open 10th District, an open seat based in Brooklyn and lower Manhattan that was far from his home turf, though he offered an explanation for his change of venue. "This is the birthplace of the LGBTQ+ rights movement," he tweeted, "Since long before the Stonewall Uprising, queer people of color have sought refuge within its borders."

But while Jones enjoyed the support of Speaker Nancy Pelosi, he had a tough time in a primary dominated by politicians with far stronger ties to New York City. Former federal prosecutor Dan Goldman, a self-funder who served as House Democrats' lead counsel during Donald Trump's first impeachment, massively outspent the rest of the field and secured the influential support of the New York Times. Goldman ultimately beat Assemblywoman Yuh-Line Niou in a 25-24 squeaker, while Jones finished third with 18%.

Maloney, for his part, acknowledged months before his own general election that "there are a lot of strong feelings" among Democrats who felt he'd sent Jones packing. "I think I could've handled it better," he admitted. He'd soon have more reasons for regret: One local progressive leader would recount to Slate that volunteers canvassing for Maloney would be asked, "Isn't he the guy that pushed Mondaire out of this district?" Maloney ended up losing to Lawler 50.3-49.7 at the same time that Republican Lee Zeldin was beating Democratic Gov. Kathy Hochul 52-48 in the 17th, according to Bloomberg's Greg Giroux. (Ironically, Democrat Pat Ryan held the 18th District that Maloney left behind.)

Jones soon made it clear that he was interested in returning to his home base to challenge Lawler, saying in December, "I've also learned my lesson, and that is home for me is in the Hudson Valley." (The Daily Beast reported in February that Jones hadn't ruled out waging a primary against Sen. Kirsten Gillibrand, but there was little indication he'd ever seriously considered the idea.)

The once and perhaps future congressman continues to express strong feelings about how the midterm elections went down. "I never imagined that I would wake up one day and would have to decide against primarying a member of the Democratic Party at a time when we were seeing an assault on our democracy," he told News12 Westchester on Wednesday. "To that extent, yeah, I do regret not being the Democratic nominee last cycle."

Gereghty's team, though, made it clear they'd use his campaign in New York City against him. "Liz Whitmer Gereghty has lived in the Hudson Valley for 20 years," her campaign said in a statement, "and the reason you'll never see her moving to Brooklyn to chase a congressional seat is because the only place and only people she wants to represent are right here in the Hudson Valley."

RI-01: Candidate filing closed Friday for the special election to succeed former Rep. David Cicilline, and 22 of his fellow Democrats are campaigning for this 64-35 Biden constituency. The notable candidates competing in the Sept. 5 Democratic primary appear to be (deep breath):

  • State Rep. Marvin Abney
  • former Biden administration official Gabe Amo
  • former state official Nick Autiello
  • Lincoln Town Councilor Pamela Azar
  • Navy veteran Walter Berbrick
  • State Sen. Sandra Cano
  • Businessman Don Carlson
  • State Rep. Stephen Casey
  • Providence City Councilman John Goncalves
  • Lt. Gov. Sabina Matos
  • Narragansett Aboriginal Nation tribal elder Bella Machado Noka
  • State Sen. Ana Quezada
  • former state Rep. Aaron Regunberg

The field isn't quite set, though, because candidates still need to turn in 500 valid signatures by July 14. The general election will be Nov. 7.

VA-02: Navy veteran Missy Cotter Smasal, reports Inside Elections' Jacob Rubashkin, is "moving toward" challenging freshman Republican Rep. Jen Kiggans in a competitive seat where Democrats are awaiting their first serious contender. Cotter Smasal previously lost an expensive race for the state Senate 52-48 against GOP state Sen. Bill DeSteph. (Donald Trump had carried that constituency 51-43 in 2016, though Joe Biden would take it 50-48 the year after Cotter Smasal's defeat.)

The current version of the 2nd Congressional District, which includes all of Virginia Beach and other Hampton Roads communities, also supported Biden 50-48. Kiggans last year went on to unseat Democratic Rep. Elaine Luria 52-48, and while Luria went on to form a PAC to help her party in this fall's state legislature contests, Rubashkin says she's "unlikely" to seek a rematch.

Ballot Measures

NY Ballot: New York could join the ranks of states whose constitutions protect the right to an abortion next year when voters decide whether to approve a far-reaching amendment placed on the ballot by lawmakers.

The amendment, which the legislature passed for the required second time in January, would outlaw discrimination based on a wide variety of factors, including race, ethnicity, national origin, age, disability, religion, and sex. Under "sex," the measure further adds several more categories, including sexual orientation and gender identity, as well as "pregnancy, pregnancy outcomes, and reproductive healthcare and autonomy."

It is that last grouping that proponents say will protect abortion rights, though the amendment doesn't actually reference the word "abortion" anywhere. State law expert Quinn Yeargain expressed concern about that omission in an essay earlier this year. While noting that the amendment "encompasses a number of really good ideas" that would put New York at the vanguard of prohibiting a number of types of discrimination, he opined that it "leaves a lot to be desired" if it's to be regarded as "an abortion-rights amendment."

Yeargain contrasted New York's approach with a much more explicit amendment that will appear on the Maryland ballot next year. That amendment guarantees "the fundamental right to reproductive freedom, including but not limited to the ability to make and effectuate decisions to prevent, continue, or end one's own pregnancy." Regarding the New York amendment, Yeargain concluded that if he lived in the state, "I'd enthusiastically vote for this measure next year—but I wouldn't do so with the assumption that it'll constitutionalize abortion rights."

OH Ballot: Activists seeking to enshrine abortion rights into the Ohio constitution submitted 710,000 signatures on Wednesday to place an amendment on the November ballot, far more than the 413,000 required by law. That figure gives organizers a sizable cushion should any petitions get thrown out after state officials review them, but a much more serious hurdle looms: Next month, voters will decide on a separate amendment approved by Republican lawmakers that would raise the threshold for passage for any future amendments from a simple majority to 60%.

Republicans have been explicit in explaining why they're pushing their measure. "This is 100% about keeping a radical, pro-abortion amendment out of our constitution," Secretary of State Frank LaRose said at an event in May, according to video obtained by News 5 Cleveland. "The left wants to jam it in there this coming November." A broad array of organizations are opposing the GOP amendment, which will go before voters in an Aug. 8 special election.