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.

Subscribe to The Downballot, our weekly podcast

Leading Off

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.

Ad Roundup

Campaign Action

Morning Digest: Check out our preview of special elections in Utah and Rhode Island

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

The Daily Kos Elections team will be taking Friday off for the Labor Day weekend. The Live Digest will be back on Tuesday, and the Morning Digest will return on Wednesday. Have a great holiday!

Leading Off

Primary Night: Tuesday is primary night for two vacant House seats on opposite ends of the country: Rhode Island's 1st District, which Democrat David Cicilline departed at the end of May, and Utah's 2nd District, where Republican Chris Stewart remains in office but triggered a special election by notifying Gov. Spencer Cox in June that he would "irrevocably resign" effective the evening of Sept. 15.

Given the respective lean of each district—Joe Biden took Rhode Island's 1st 64-35, while Donald Trump carried Utah's 2nd 57-40—the primaries will likely be dispositive in both cases. It'll still be a little while, though, before either state sends a new member to Congress: The general election in Rhode Island will take place on Nov. 7, while Utah's is set for Nov. 21. Below, we preview both contests.

RI-01: A total of 12 Democrats are on the ballot to replace Cicilline, though one of them, businessman Don Carlson, dropped out over the weekend amid a scandal.

The main contenders for this dark blue constituency are former Biden administration official Gabe Amo, state Sen. Sandra Cano, Lt. Gov. Sabina Matos, and former state Rep. Aaron Regunberg. Also running are Navy veteran Walter Berbrick, state Rep. Stephen Casey, Providence City Councilman John Goncalves, and state Sen. Ana Quezada.

Amo, Cano, Goncalves, Matos, and Quezada would each have the chance to make history as the first person of color to represent the Ocean State in Congress.

The only poll we've seen in the last month was a mid-August internal for Amo that showed Regunberg leading him 28-19 as Matos and Cano took 11% each. The survey, which found Carlson taking 8%, did not ask about the rest of the field by name and instead found 8% opting for "another candidate not mentioned here." However, there are further indications that Regunberg, who touts endorsements from prominent national progressives like Vermont Sen. Bernie Sanders and New York Rep. Alexandria Ocasio-Cortez, is the frontrunner going into Tuesday.

Regunberg, who is the nephew of Illinois Rep. Brad Schneider, was on the receiving end of more attacks than any of his opponents at Tuesday's debate. A group called Committee for a Better Rhode Island followed up days later by making Regunberg its target in the first negative TV ad of the entire race, though WPRI says it's only putting $81,000 behind its offensive. The spot attacks the candidate over his May declaration that he would have voted against Biden's debt ceiling deal with Speaker Kevin McCarthy; Regunberg said at Tuesday's debate that he'd have supported the agreement if he'd been the decisive vote.

Amo, for his part, picked up an endorsement Thursday from former Rep. Patrick Kennedy, who represented prior versions of this seat from 1995 to 2011 but has since moved out of the state. Kennedy, who is the son of the late Massachusetts Sen. Ted Kennedy, also appeared in a commercial for Amo and touted his work in the Biden administration.

Matos, meanwhile, looked like the frontrunner until July, when multiple local election boards asked the police to probe allegations that her campaign had turned in forged signatures in order to get on the ballot. State election authorities have reaffirmed that the lieutenant governor submitted a sufficient number of valid petitions, but the state attorney general's office is continuing to investigate the matter. Matos' allies at EMILY's List and the Congressional Hispanic Caucus remain in her corner, however, as she's benefited from more outside spending than any of her rivals.

Cano has trailed her opponents in fundraising and hasn't received any third-party help, but she has several influential labor groups on her side. The rest of the field has raised little money and hasn't picked up many notable endorsements.

UT-02: The GOP contest to succeed Stewart is a three-way battle between Celeste Maloy, the congressman's former legal counsel; former state Rep. Becky Edwards; and former RNC member Bruce Hough. The winner will face Democratic state Sen. Kathleen Riebe, who has no intra-party opposition, for a seat located in central and western Salt Lake City and southwestern Utah.

Maloy, who has Stewart's support, earned her spot on the primary ballot by winning the support of delegates at the GOP's convention in June. Just days later, the Salt Lake Tribune reported that she'd last voted in Utah in 2018 before taking a job in D.C. to work for Stewart, which led election officials to move her voter registration to inactive status. Maloy's detractors unsuccessfully argued in court that she'd violated state law because she only became an active voter again after she filed to run for Congress, but they've continued working to portray her as an interloper.

Edwards, meanwhile, infuriated conservatives in 2020 when she endorsed Joe Biden (she has since expressed "regret"), a move she followed by waging a failed primary challenge to far-right Sen. Mike Lee in which she portrayed herself as a more pragmatic option. However, the one poll anyone has released finds voters may not be holding it against her: A mid-August survey from Dan Jones & Associates showed Edwards beating Hough 32-11, with Maloy at 9%. However, half of respondents were undecided, so if this survey is accurate, the race remains up for grabs.

Unlike in Rhode Island, there has been little outside activity in this contest. Hough and Edwards had each spent about $450,000 as of mid-August, while Maloy had spent about half that.

Senate

AZ-Sen: Multiple media outlets reported Wednesday that Blake Masters, who was one of the GOP's very worst Senate nominees last cycle, has decided to try again this year, and Politico says his declaration could come as soon as next week. Masters would join Pinal County Sheriff Mark Lamb in the primary for the seat held by Kyrsten Sinema, a Democrat-turned-independent who still hasn't revealed her 2024 plans.

The Republican that everyone's waiting on, though, is election denier Kari Lake, who Axios previously reported plans to launch in October. She and Masters campaigned together last year by urging voters to back "Lake and Blake," but their relationship is anything but friendly these days. Lake on Sunday responded to the news that Masters would be talking to a local conservative activist by tweeting, "I hope you bring up election fraud, and Election crime. You've been quite silent."

MI-Sen: Following a new report on Thursday from the Detroit News that former Republican Rep. Peter Meijer had formed an exploratory committee ahead of a possible bid for Michigan's open Senate seat next year, the ex-congressman released a statement once again confirming that he's "considering running." The development comes as another former member of Congress, Mike Rogers, is also reportedly preparing to join the GOP primary. Democrats have a multi-way primary of their own, but Rep. Elissa Slotkin has raised far more money and earned more high-profile endorsements than the rest of the field.

MT-Sen: Republican pollster J.L. Partners has shared a recent poll with Semafor that tests next year's primary and general election, though there's no indication about who, if anyone, was their client. The GOP primary portion finds far-right Rep. Matt Rosendale with a wide 52-21 edge over wealthy businessman Tim Sheehy, who is the favorite of establishment Republicans and the NRSC. That result is only modestly better for Sheehy than a June survey from Democratic firm Public Policy Polling that had found Rosendale up 64-10 right before Sheehy kicked off his campaign.

While Rosendale has yet to formally announce his own campaign, he's recently been acting like he's going to run, and Democrats likely would prefer to face him given that he already lost to Democratic Sen. Jon Tester when this seat was last up in 2018. However, J.L. Partners' poll finds little difference between the two Republicans in a hypothetical 2024 general election: Rosendale leads Tester 46-43 while Sheehy beats the incumbent 46-42. Polling has been very limited here so far, but those numbers are very similar to Rosendale’s 46-41 edge over Tester that GOP pollster OnMessage Inc. found in February.

Governors

KY-Gov: Pluribus News reports that Democratic incumbent Andy Beshear and his allies have reserved $17.3 million in TV time for the remainder of the campaign, compared to $5 million from Republican Daniel Cameron and his backers.

LA-Gov: Conservative independent Hunter Lundy has self-funded more than $1 million to air his first TV ad, which is a minute-long spot that highlights his working-class upbringing and emphasizes his Christian faith. Lundy also calls for raising the minimum wage, investing in education, and holding responsible the "people who wreck our air and water."

Ballot Measures

MO Ballot: Missouri voters could see dueling ballot measures on abortion rights next year after a new group submitted six petitions that would create several exceptions to the state's near-total ban on the procedure, including in cases of rape or fatal fetal abnormalities. One version of the petition would also allow abortion through 12 weeks of pregnancy, while two others would permit it until fetal viability, which is generally viewed as beginning at around 23 to 24 weeks.

However, the proposals, which were put forward by a former Republican political operative and artist named Jamie Corley, have earned the ire of the state's Planned Parenthood affiliate, particularly for their focus on exceptions to Missouri's ban. Yamelsie Rodríguez, the president and CEO of Planned Parenthood of the St. Louis Region and Southwest Missouri, said in a statement that Corley's approach "will continue to harm Missourians" and warned that "exceptions have never provided meaningful access."

Reproductive rights activists have been working to qualify their own measure for the 2024 ballot after filing 11 different petitions earlier this year, all of which are more expansive than Corley's proposals. (Proponents will ultimately settle on a single plan.) However, the local Planned Parenthood has taken exception to this push, too: Politico reported in April that the organization had pulled out of the coalition behind the effort, called Missourians for Constitutional Freedom, because most of its petitions also impose a fetal viability limit.

Corley is arguing that her more restrictive petitions have a better chance of becoming law. "I have respect for other organizations that are working in this realm," she told KCUR. But, she added, "I would say I think we have a much different view and assessment about what is ultimately passable in Missouri."

Missourians for Constitutional Freedom is also in the midst of a lawsuit against Republican Secretary of State Jay Ashcroft over the summary language he drafted for six of the group's petitions.

Ashcroft, who is running for governor, wrote that the measures would "allow for dangerous, unregulated, and unrestricted abortions, from conception to live birth, without requiring a medical license or potentially being subject to medical malpractice." The ACLU of Missouri, which is leading the challenge, charged that the descriptions are "misleading" and prejudicial." A state court will hold a trial on the dispute on Sept. 11, with the judge promising to deliver a ruling "pretty quick."

Grab Bag

Where Are They Now?: Former Maricopa County Sheriff Joe Arpaio, who was one of the most powerful Republicans in Arizona just seven years ago, announced Wednesday that he'll run again in 2024 for mayor of the Phoenix suburb of Fountain Hills, the 24,000-person community where incumbent Ginny Dickey beat him 51-49 last year. Arpaio, who is 91, previously lost his 2016 reelection campaign for sheriff, his 2018 primary for U.S. Senate, and the 2020 primary to regain the sheriff's office.

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.

Schumer to put Republicans between a rock and a hard place

Senate Majority Leader Chuck Schumer is planning a big change for the body this fall: actual legislative work. Until now, his focus primarily has been on confirming President Joe Biden’s nominees. When the Senate returns from celebrating Independence Day over the next three weeks, the focus will shift to legislative business—not just the must-pass spending bills to keep government open and other necessities, but some bipartisan legislation that should put Democrats on better footing for a tough 2024 battle ahead.

The election map next year is not favorable to Democrats. Schumer’s calculation in setting an ambitious agenda ahead of it seems two-fold: create an opportunity for a Democratic-majority Senate to bank key accomplishments to run on, and force Republicans to decide whether they should block other Republicans’ pet legislation. The strategy has another upside: showcasing just how much the Republican-led House is mired in carrying out Donald Trump’s revenge agenda of impeachment—and impeachment-expunging—nonsense.

Schumer told Politico that there are a “bunch of Republicans” who want to work with Democrats to get their stuff through. “Legislating in the Senate with the rules we have is not easy, right? But if you push ahead, we’re going to get some good things done.” That’s Schumer setting the challenge for Republicans on the filibuster. Either they can give their Republican colleagues actual achievements to run on, even though it also helps Democrats, or they can be like the House Freedom Caucus and shut everything down.

Regulating artificial intelligence is just one example of legislation Schumer is working on with Indiana Republican Sen. Todd Young and Sen. Mike Rounds of South Dakota. Another is a bipartisan effort from the two Montanans, Democrat Jon Tester and Republican Steve Daines. It would open up financial institutions to marijuana-based businesses in states where it’s been legalized. That’s a great one for Schumer to push. Tester is up for reelection in 2024 in red Montana and his colleague Daines is in charge of Republican Senate campaigns for the cycle. That puts Daines in a tricky position.

Republicans are already arguing among themselves over another bill Schumer will bring up, a rail safety effort that Ohio Sens. Republican J.D. Vance and Democrat Sherrod Brown have jointly worked on for the upcoming session. Brown is also up for reelection this cycle. The two teamed up after the catastrophic train derailment in East Palestine, Ohio. The legislation is drawing criticism from other Republicans, including Sen. John Thune of South Dakota, part of Mitch McConnell’s leadership team. He says it’s too heavy on regulation.

Those bills are in addition to the legislation that will take up a good chunk of July and September, including the spending bills that absolutely must pass by the end of September to keep the government open. Expect the House/Senate divide to be dialed up to 10 by then. On top of that, the Senate must pass a reauthorization of the Federal Aviation Administration, where there’s a partisan fight over how many hours pilots must train, and a farm bill to reauthorize Department of Agriculture programs for another five years. That’s going to create another intra-Republican fight as the House tries to severely cut food assistance programs and the Senate Republicans try to get one of their top priority packages through the quagmire.

Getting all these major bills done may or may not happen more easily with a charm offensive to certain Republican senators from Schumer. They’re going to have to weigh a lot of factors: do they give Democrats accomplishments if it helps them, too? Do they allow a bunch of ambitious bipartisan bills to pass, knowing that it will make the House Republicans look even worse when they fail to act? Will they work on winning over non-extremist Republicans in that body to actually pass legislation? We’ll find out soon enough if those so-called moderate Republicans even exist in the first place.

Ultimately, Schumer’s ambitious bipartisan agenda will likely put Senate Republicans in the position of either embracing House Republicans and their revenge agenda or splintering away to pass legislation. The gridlock could also put the filibuster in the spotlight again if Republicans block their own bills. That could help make the case for filibuster reform in 2025 if Democrats keep the majority.

RELATED STORIES:

Senate Democrats face an even tougher map in 2024, making Georgia's runoff even more critical

Forget the debt limit deal, the Senate-House funding bloodbath is about to begin

Republican House 'moderates' talk tough ... anonymously