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ICYMI: Republicans reveal the smoking (cap) gun in Biden impeachment inquiry

Posted on December 5, 2023 by kos

Monday’s theme? Republican weakness

Republicans don’t seem to be trying very hard as we head into the December holidays.

The Republican effort in the House to impeach President Joe Biden took a new step forward before quickly taking two steps back. Rep. James Comer sure thought he’d found the smoking gun, but his latest claims were debunked in record time, and we could feel secondhand humiliation from here.

Meanwhile, Republicans are dipping their toes into the world of “deepfakes” and artificial intelligence with a new scare campaign aimed at America’s beloved national parks.

And finally, some Republicans are starting to recognize the sustained damage Donald Trump has done to the GOP over the past seven or so years.

These stories are all signs of the weakness of the Republican platform going into 2024. With no evidence of any crimes by Biden, Republicans are throwing anything and everything at the wall to see what sticks in order to keep their conspiracy-lovin' base happy.

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

Posted on September 21, 2023 by Daily Kos Elections

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

Subscribe to The Downballot, our weekly podcast

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Leading Off

● 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.

Ad Roundup

KY-Gov: Defending Bluegrass Values (DGA affiliate) - anti-Daniel Cameron (R)
KY-Gov: American Principles Project - anti-Andy Beshear (D-inc) (part of $2 million buy)
MS-Gov: Brandon Presley (D) - anti-Tate Reeves (R-inc)

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

Posted on September 1, 2023 by Daily Kos Elections

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

Subscribe to The Downballot, our weekly podcast

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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: Father of anti-trans ‘bathroom bill’ joins race for North Carolina attorney general

Posted on August 4, 2023 by Daily Kos Elections

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

Subscribe to The Downballot, our weekly podcast

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Leading Off

● NC-AG, NC-08: Far-right Rep. Dan Bishop, an election denier who rose to prominence after spearheading North Carolina's transphobic "bathroom bill" in 2016 while in the state Senate, announced Thursday that he'd run for state attorney general next year. The congressman quickly earned an endorsement from the well-funded Club for Growth for his bid to become the first Republican to hold this office since 1975, though he currently faces former state Rep. Tom Murry in the primary.

Bishop, however, may not be the only sitting congressman who ends up running to succeed incumbent Josh Stein, the Democratic frontrunner in next year's race for governor. The very same day, Democratic Rep. Jeff Jackson declined to rule out a bid of his own. Jackson told the News & Observer's Danielle Battaglia that he'd only start thinking about a campaign after the state's Republican-run legislature passes a new congressional map sometime this fall, which could leave the freshman without a seat he can win.

Jackson, however, was quick to make clear how he'd go after Bishop. "I did hear his announcement," he said, "and as a prosecutor, I don't think that anyone who supported overturning an election should be talking about law and order." The Democratic field currently consists of Marine veteran Tim Dunn and Navy Reserve veteran Charles Ingram, but both reported having minimal cash stockpiles at the end of June.

Bishop did indeed vote to overturn Joe Biden's win in the hours following the Jan. 6 assault on the Capitol, a move the congressman justified by echoing Donald Trump's lies about mail-in votes. "In the 2020 election, the national Democratic Party carried out a highly coordinated, massively financed, nationwide campaign to displace state regulation of absentee ballots by means of a flood of election-year litigation," Bishop wrote just before the riot, and he's continued to spread the Big Lie since then. The congressman fired off an evidence-free tweet last year claiming that Jack Dorsey "and Twitter put their thumb on the scale in the last election to help Biden." (Unsurprisingly, Bishop has a far more favorable view of that site's new owner.)

Before Bishop devoted himself to enabling conservative extremists in Washington, D.C., he was a state lawmaker who indirectly helped cost the GOP the governorship in 2016. That year, Republican Gov. Pat McCrory signed the Bishop-crafted House Bill 2, which required anyone using bathrooms at schools or public facilities to use the restroom associated with the sex on their birth certificate, regardless of their gender identity. That legislation sparked a national backlash that led several major corporations to cancel planned expansions in the state, and voters responded by narrowly booting McCrory in favor of then-Attorney General Roy Cooper.

Bishop's career, though, survived and thrived even after Cooper signed a law rolling back HB 2. The state senator unexpectedly got the chance to run for Congress in what was then numbered the 9th District in 2019 after the results of the previous year's election were voided because of election fraud carried out to assist Republican nominee Mark Harris. Bishop decisively won the primary and went on to narrowly defeat 2018 Democratic nominee Dan McCready 51-49 after an expensive campaign for a gerrymandered constituency that Trump had taken 54-43 in 2016.

But despite that underwhelming victory, as well as a new court-supervised map that made the 9th District a shade bluer, Bishop turned in an easy 2020 win in a contest that national Democrats didn't target. His constituency was soon renumbered the 8th District following the 2020 census and became safely red turf that Bishop had no trouble holding last year. The congressman then used the first days of the new Congress to cast 11 straight votes against making Kevin McCarthy speaker, but he eventually flipped; McCarthy rewarded Bishop afterward with a spot on the GOP's Orwellian-named "Weaponization of the Federal Government" subcommittee.

Republican legislators were recently given the green light to once again gerrymander to their hearts' content after the newly conservative state Supreme Court overturned a ruling by the court's previously Democratic majority that had banned the practice. They'll likely draw up another safe seat to replace the one Bishop currently represents, and there's already chatter about who could run to replace him.

An unnamed source tells the National Journal's James Downs that Harris and Dan Barry, who took a distant fifth in the 2012 primary for the 9th District several maps ago, are "names to watch." Harris chose not to run in the 2019 special election that Bishop ultimately won, but while the consultant responsible for the fraud that wrecked his campaign went to prison, Wake County District Attorney Lorrin Freeman announced the following year that she wouldn't charge the candidate as part of her probe.

P.S. While Bishop would be the first Republican to serve as attorney general in 50 years, the last member of his party to actually win this office was Zeb Walser all the way back in 1896. Republicans last held the attorney general's office in 1974 when GOP Gov. James Holshouser appointed James Carson to fill a vacancy, though Carson lost the ensuing special election a few months later to Democrat Rufus Edmisten.

Senate

● AZ-Sen: Noble Predictive Insights, which until recently was known as OH Predictive Insights, has released a poll that finds Democratic Rep. Ruben Gallego leading in six different general election scenarios:

Rep. Ruben Gallego (D): 33, Pinal County Sheriff Mark Lamb (R): 25, Kyrsten Sinema (I-inc): 24
Gallego (D): 40, Lamb (R): 36
Gallego (D): 32, Sinema (I-inc): 28, 2022 Senate nominee Blake Masters (R): 24
Gallego (D): 44, Masters (R): 36
Gallego (D): 34, Sinema (I-inc): 26, 2022 gubernatorial nominee Kari Lake (R): 25
Gallego (D): 45, Lake (R): 35

Gallego and Lamb are the only notable candidates who have announced they're running. NPI, which sometimes does work on behalf of GOP groups, is the very first poll we've seen from anyone since April.

● ND-Sen: Republican Sen. Kevin Cramer told KUMV this week that he hasn't decided whether he'll seek reelection, though the incumbent sounds like he's leaning strongly towards another campaign. "A second term for me would mean greater clout, probably a chairmanship as well," Cramer said. "Seniority matters in the Senate. That's where my thinking is today without telling you exactly what I intend to do. I guess I would be surprised if I decided not to run for reelection." The senator does not appear to have indicated what factors would push him toward retirement.

● WV-Sen: The Washington Post reports that Democratic Sen. Joe Manchin has asked Senate Majority Leader Chuck Schumer to direct money towards positive ads "to help prop up his poll numbers before he decides whether he'll run," but Manchin won't use his own $10.8 million war chest for this purpose because he "doesn't want to spark speculation that he's running for reelection by making an ad buy to boost his image." The Democratic group Duty and Honor did run commercials in the spring to counter a GOP offensive to damage the incumbent, but the paper says that Schumer doesn't want to make a big investment here before he knows if Manchin will actually run again.

Governors

● MS-Gov: Republican incumbent Tate Reeves seems to agree with Democrats that the state's $77 million welfare funds scandal could hurt him even in this red state because he's already up with a response spot two days after Public Service Commissioner Brandon Presley launched his first commercial on the topic. The challenger may not mind too much, though, because Reeves' ad makers adopt the dubious strategy of repeating some of the very attacks Presley is leveling against him.

"Have you seen this ad attacking our governor, Tate Reeves?" asks the narrator as footage fills the screen of Presley's earlier piece, complete with on-screen text reading, "REEVES … PLAGUED BY WELFARE FRAUD SCANDAL." Reeves' narrator isn't happy, saying, "Tate Reeves had nothing to do with the scandal … it all happened before he was governor." It's rarely a good move to put your candidate's name in the same sentence as "scandal," but Presley's team is also disputing the idea that Reeves isn't to blame for something that occurred while he occupied the powerful lieutenant governor's office.

"[T]he reality is Tate Reeves used to brag about his watchdog responsibilities and overseeing the state budget," the campaign said in a statement, which included a quote from a 2019 ad where Reeves proclaimed he was "managing the government's money like it's your money―because it is."

● WA-Gov: Richland School Board member Semi Bird on Thursday pledged to continue his campaign for governor two days after the Republican appears to have lost a recall election along with two colleagues. The trio voted in February of 2022 to defy the state's COVID protocols and make it optional to wear masks in local public schools; school was canceled for two days as a result, and the group ultimately backed down.

Bird hasn't gained much traction ahead of a top-two primary contest where former Rep. Dave Reichert appears to be the GOP frontrunner, but he's hoping his likely ouster will change that. (The state is still counting ballots, but the pro-recall "yes" side was ahead 56-44 in Bird's race as of Thursday; the results were similar in the other two contests.) "The teachers unions and leftest activists may have won the recall battle, pouring 10's of thousands of dollars into the effort," Bird wrote Thursday in a fundraising email, "but when the people of Washington send me to Olympia, we will win the war."

House

● DE-AL: EMILY's List on Thursday endorsed state Sen. Sarah McBride in the Democratic primary for this statewide seat, declaring that it "was proud to support McBride when she made history in 2020 as the first openly transgender state senator in the country — and we are thrilled to once again help her make history and become the first openly transgender member of Congress."

● NC-??: State House Speaker Tim Moore announced last month that he will not seek another term leading the chamber after the 2024 elections, and he and his team are continuing to evade questions about whether he'd run for the U.S. House after his party passes a new gerrymander. Political advisor Paul Shumaker told the News & Observer, "We don't know what the maps are going to look like. We have all this speculation." Shumaker added that his client could also go into the private sector.

● PA-01: Anti-abortion activist Mark Houck announced Wednesday that he'd run to deny renomination to Republican Rep. Brian Fitzpatrick in this competitive suburban Philadelphia seat, a declaration that comes months after he was found not guilty of allegedly violating a federal law designed to protect abortion clinics. Houck became a conservative celebrity in the leadup to that January trial, where he was accused of intimidation by twice shoving a 72-year-old Planned Parenthood volunteer in 2021; Houck never denied he'd done this, though he successfully claimed that he'd only become violent after his son was insulted.

Houck launched his campaign by telling the far-right website The Church Militant, "We're running to protect the rights of families and defend traditional family values in our district. Unfortunately, Brian doesn't represent that." Fitzpatrick, who has made a name for himself as a pragmatist, has always run well ahead of the top of the ticket during his four campaigns, and Democrats would be delighted if Houck gave him a hard time in this 52-47 Biden seat. The well-funded congressman turned back a little-known primary foe 66-34 last cycle before pulling off a 55-45 victory against Ashley Ehasz, a Democrat who is running again.

● TX-28: Conservative Rep. Henry Cuellar on Thursday unveiled endorsements from House Minority Leader Hakeem Jeffries and the rest of the chamber's Democratic leadership, as well as Speaker Emerita Nancy Pelosi, in what's likely a move to deter another primary challenge from the left. Cuellar narrowly fended off immigration attorney Jessica Cisneros in 2020 and 2022, and her former spokesperson told the Texas Tribune back in March that she hadn't ruled out a third try. The Lone Star State's downballot filing deadline is Dec. 11, which is one of the earliest in the nation.

Attorneys General

● TX-AG: Thursday finally brought some action concerning Republican Attorney General Ken Paxton's long-stalled trial for securities fraud, with a state judge agreeing to a request from both prosecutors and the defense to delay scheduling anything until Paxton's separate impeachment trial concludes sometime next month. Both sides agreed that Paxton would be more likely to try to reach a deal concerning the eight-year-old security fraud indictment if two-thirds of the state Senate votes to remove him from office, with one of his attorneys explaining that this outcome would be "a kill shot to his political career, so it opens the door to a resolution that’s not open right now."

Ballot Measures

● OH Ballot: A GOP consultant tells cleveland.com that groups looking to beat Issue 1, which would make it much harder to amend the state constitution, have added $2.5 million to their media buys for the final days of the Aug. 8 special election. The story says the conservative pro "yes" side enjoys a small $5.9 million to $5.3 million edge in ad spending for the last week of the race: The GOP firm Medium Buying also tweets that the "no" side has outspent its rivals $12.2 million to $9.7 million on TV and radio for the entire campaign.

Meanwhile, organizers seeking to place a statutory initiative on the November ballot to legalize recreational marijuana say they've submitted 6,500 additional signatures to the secretary of state, and they only need about 10% of them to be valid in order to qualify: The campaign fell just 679 petitions shy of the 124,000 minimum last month, but state law granted them 10 extra days to make up the shortfall.

Because this proposal would not amend the constitution, it would only need to win a majority no matter how the Issue 1 fight ends next week. Issue 1 would also not eliminate the 10-day grace period for statutory initiatives like this, though it would end this rule for future constitutional amendments. Polling from Civiqs shows that two-thirds of Ohio voters believe "the use of cannabis should be legal."

Morning Digest: Elections chief who advanced the Big Lie launches bid for West Virginia governor

Posted on January 12, 2023 by Daily Kos Elections

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

Subscribe to The Downballot, our weekly podcast

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Leading Off

● WV-Gov, WV-Sen: Secretary of State Mac Warner, who runs West Virginia's elections even as he's helped spread election conspiracy theories, announced Tuesday that he was joining the 2024 primary to succeed his fellow Republican, termed-out Gov. Jim Justice.

Warner kicked off his campaign with a speech emphasizing service in the Army's Judge Advocate General's Corps and declaring, "It is time to call-out the radical, woke, dangerous and ridiculous policies of the 'progressive' Administration in Washington, D.C." West Virginia Metro News' Brad McElhinny notes that in that address, the secretary of state "did not mention issues specific to West Virginia."

Warner, who won his job in 2016 by narrowly unseating Democratic incumbent Natalie Tennant, was respected by fellow election officials heading into the 2020 contest for his efforts to combat misinformation, but that very much changed after Election Day. That's because Warner, who had just decisively defeated Tennant in their rematch, spent the next weeks backing up lies about Donald Trump's defeat.

Warner appeared at a December "March for Trump" rally in the state, where he appeared to be holding up a "Stop the Steal" sign. He later said he didn't actually think he'd hoisted that particular banner, but there's no question the secretary of state told Trump's fans at that gathering that it was "so important to keep him in office."

Warner also supported Texas Attorney General Ken Paxton's failed lawsuit to invalidate Joe Biden's win in four swing states. While he insisted he was concerned whether changes states made in how late mail-in ballots could be received were constitutional, Warner also spread lies alleging, "When cardboard is put over windows, when two cases of ballots come out, when ballots are pre-marked or don't have folds on it—there's all those things. Those are red flags that need to be looked at and not just discounted, and that's what the mainstream media wants us to do."

Warner the following year was the one person at the National Association of Secretaries of State meeting to vote against a bipartisan proposal by his colleagues to set a standard for election audits, and he soon withdrew from the group in protest. (Missouri's Jay Ashcroft, who is also likely to run in 2024 for governor of his own state, abstained.)

In a recent interview with the New York Times, Warner acknowledged Biden "was elected," but he still questioned if that contest was fairly run. He also argued that congressional Democrats' efforts to expand voting rights and the U.S. Supreme Court's refusal to hear Paxton's suit are "what spurred on the Jan. 6 people."

Warner joins a GOP primary that includes Del. Moore Capito and auto dealer Chris Miller, both of who come from prominent Mountain State political families. Capito is the son of Sen. Shelly Moore Capito and grandson of the late Gov. Arch Moore, while Miller's mother is Rep. Carol Miller. Warner also has some notable relatives: His wife, Debbie Warner, was recently elected to the state House, while his brother Monty Warner badly lost the 2004 gubernatorial race to Democrat Joe Manchin. Another brother currently leads the West Virginia Economic Development Authority.

The contest to replace Justice could expand further, as Auditor JB McCuskey has talked about getting in. Attorney General Patrick Morrisey, who lost the 2018 Senate race to Manchin, also put out a video Tuesday reiterating he was "still evaluating my options as to whether I'm going to run for U.S. Senate or for governor … We're coming soon." While Morrisey didn't indicate which office he was leaning towards, McElhinny noted that the attorney general's message urging voters not to "settle for second best" went up as Warner was still delivering his announcement speech.

The Downballot

● Hell yeah! Election season is already here, and it's off to an amazing start with Democrats' huge flip of a critical seat in the Virginia state Senate, which kicks off this week's episode of The Downballot. Co-hosts David Nir and David Beard dissect what Aaron Rouse's victory means for November (abortion is still issue #1!) when every seat in the legislature will be on the ballot. They also discuss big goings-on in two U.S. Senate races: California, where Rep. Katie Porter just became the first Democrat to kick off a bid despite Sen. Dianne Feinstein's lack of a decision about her own future, and Michigan, which just saw veteran Democratic Sen. Debbie Stabenow announce her retirement.

The Davids also delve back into a topic that frequently came up last year: redistricting. Didn't every state just draw new maps? you might ask. Yes! But many have to do so again, thanks to court rulings. Unfortunately, this gives Republicans in North Carolina and Ohio the opportunity to gerrymander once more, though there's an outside chance some Southern states could be required to draw new congressional districts where Black voters can elect their candidates of choice.

New episodes of The Downballot come out every Thursday morning. You can subscribe on Apple Podcasts to make sure you never miss a show. You'll find a transcript of this week's episode right here by noon Eastern Time.

Senate

● AZ-Sen: The Democratic firm Blueprint Polling has released numbers showing conspiracy theorist Kari Lake, who was the 2022 Republican nominee for governor, leading Democratic Rep. Ruben Gallego 36-32 as independent Sen. Kyrsten Sinema grabs 14%. None of these people have said they'll be running for the Senate in 2024, though Gallego has been hiring staff for a likely campaign. The firm says this poll was done "with no input or funding from any candidate, committee, or interest group."

● CA-Sen: Multiple media outlets reported Wednesday that longtime Rep. Barbara Lee told the Congressional Black Caucus she planned to run for the Senate seat held by her fellow Democrat, incumbent Dianne Feinstein, but Lee herself did not commit to anything when reporters asked about her 2024 plans. "What I said was that I'm very sensitive and honoring Senator Feinstein," said Lee, who represents a heavily Democratic bastion that's home to Oakland and Berkeley. (Joe Biden performed better in Lee's new 12th District than he did in any of California's other 51 House seats.)

Lee, who has long been a national progressive favorite, told Politico in a separate interview she'd say what she's doing "when it's appropriate," adding, "I'm not really doing anything except letting colleagues know that there'll be a time to talk about the Senate race." The congresswoman also did not reveal if she was willing to challenge Feinstein if the 89-year-old incumbent surprised the political world and ran again. Rep. Katie Porter, a fellow Democrat who represents an Orange County seat, launched a bid on Tuesday and currently has the field to herself.

● MD-Sen: Democratic Sen. Ben Cardin tells Politico he'll decide "probably in February or March" if he'll seek a fourth term.

● MI-Sen: Wealthy businessman Perry Johnson, a Republican who failed to make the Republican primary ballot for governor last year, confirms he's interested in running for this open seat but has no timeline for deciding. Johnson spent $7 million of his own money last cycle before election authorities disqualified him after he and several other GOP contenders fell victim to a fraudulent signature scandal, and he unsuccessfully sued to try to get his name included. The ever-modest Johnson then began talking about a 2024 run for president after he decided to pass on a write-in effort.

Former Rep. Fred Upton, who was not on the 2022 ballot for anything by choice, meanwhile didn't quite dismiss a Senate campaign but sounds unlikely to go for it. The Republican noted he was 69 in his interview with MSNBC's Andrew Mitchell (the relevant portion begins at the 4:45 point) and said he was "probably not a candidate." Mitchell responded by noting he hadn't ruled it out, to which Upton replied, "I'm glad to be out of the Congress this last week, haven't thought about my future quite yet ... I guess you could say I've not ruled it out, but I'm really probably most inclined not to do so."

For the Democrats, Rep. Elissa Slotkin on Tuesday publicly confirmed for the first time she was "seriously considering" running to succeed retiring Sen. Debbie Stabenow, though she also didn't have a timeline to decide. Attorney General Dana Nessel, however, played down the possibility she'd run, declaring she believes she could "do the most good" in her current post. "That's where I intend to stay," said Nessel.

● NE-Sen-B: Gov. Jim Pillen says he'll announce Thursday morning whom he'll appoint to succeed Ben Sasse, a fellow Republican who has resigned from the Senate to become president of the University of Florida.

Governors

● KY-Gov: Former Ambassador to the United Nations Kelly Craft, who currently has the airwaves to herself ahead of the May Republican primary, is running a new ad focused on combating fentanyl.

● LA-Gov: East Baton Rouge District Attorney Hillar Moore, a Democrat who is considering entering this year's race for governor, tells LaPolitics' Jeremy Alford, "I expect to have a decision in the next few weeks or sooner." Alford also writes that state Democratic chair Katie Bernhardt "sounds as serious as serious can get and will have something to say in a week or so." Bernhardt last week did not rule out a bid last week after her name was included in an unreleased poll.

House

● CA-47: Former Rep. Harley Rouda, a Democrat who represented about two-thirds of this constituency from 2019 to 2021, announced Wednesday that he would run for the seat that Democratic incumbent Katie Porter is giving up to campaign for the Senate.

The only other declared candidate so far is former Orange County Republican Party chair Scott Baugh, who narrowly lost to Porter last cycle. This constituency, which includes coastal Orange County and Irvine, supported Biden 54-43, but this historically red area contains plenty of voters who are open to backing Republicans who aren’t named Donald Trump.

Rouda and Baugh previously faced off in the 2018 top-two primary to take on longtime Republican Rep. Dana Rohrabacher in the old 48th District in what turned out to be an expensive and consequential contest. Rouda and another first-time Democratic candidate, Hans Keirstead, spent months competing against the Putin-loving congressman, and it looked likely that one of them would advance to the general election. But everything changed just before the filing deadline when Baugh, who had previously served in the state Assembly in the 1990s, unexpectedly jumped in and threatened to lock Democrats out of the general election.

Baugh, though, was hardly running as a favor to Rohrabacher. The two Republicans used to be friends, and when Baugh began raising money in 2016 for a campaign, Rohrabacher initially took it in stride and said he was "just laying the foundation for a race for Congress when I am no longer a member ... but I don't know when that's going to be." Their relationship publicly collapsed, however, after Baugh refused to actually say he wouldn’t use that cash against the congressman.

Baugh didn’t run for anything in 2016, but he used the money he’d amassed that year for his last-second bid against Rohrabacher two years later. Democratic outside groups scrambled to make sure this nasty intra-party fight didn’t end up hurting their own chances to flip the seat, and the DCCC and House Majority PAC spent about $1.8 million on an effort mostly aimed at attacking Baugh. The DCCC, which supported Rouda, also made an effort to promote a third Republican, little-known candidate John Gabbard, to further splinter the vote.

This expensive undertaking proved to be just enough to avoid a disaster for Democrats in a contest where Rohrabacher, who was in no danger of being eliminated, grabbed first with 30%. Rouda edged out Keirstead 17.3-17.2, while Baugh was right behind with 16%; Gabbard finished with 3%, which may have been enough to hold back Baugh. Rouda went on to score a 54-46 victory over Rohrabacher, who never seemed to take his general election seriously.

Baugh unexpectedly turned down a rematch with Rouda in 2020, and Orange County Supervisor Michelle Steel instead stepped up to take on the new congressman. Steel proved to be a much tougher foe than Rohrabacher, and she managed to secure enough voters who’d turned against Trump but still favored Republicans down the ballot: Biden took the 48th 50-48, but Steel unseated Rouda 51-49.

Rouda quickly began running against Steel again, but that was before redistricting scrambled California’s map at the end of 2021. Rouda and Porter initially both planned to run for the new 47th District, and while Rouda had represented considerably more of the redrawn constituency than his former colleague, Porter went into 2022 with a massive financial edge and a national progressive base that allowed her to bring in far more. Rouda soon announced he wouldn’t run for anything that cycle, and Porter went on to beat Baugh 52-48 after a very expensive battle.

● NY-03: Prominent Nassau County Republican officials held a press conference Wednesday calling for GOP Rep. George Santos to resign only for the scandal-drenched freshman to immediately say, "I will not." The state Conservative Party, which usually backs Republicans in general elections, also told Santos to get lost; Nick Langworthy, the 23rd District congressman who still leads the state GOP, later said he supported the Nassau County party's anti-Santos declaration.

Still, while there was no reason to think Santos would heed the calls for his departure, his former allies used their gathering to make it clear just what they thought of him. Nassau County GOP chair Joseph Cairo, whose community forms three quarters of the 3rd District (the balance is in Queens) even said that the freshman congressman had personally lied to him about being "a star on the" volleyball team at Baruch College, an institution Santos never attended.

Rep. Anthony D'Esposito, who was elected to the neighboring 4th District last year on the same night as Santos, said he "will not associate with him in Congress and I will encourage other representatives in the House of Representatives to join me in rejecting him." The county GOP even added that it would direct any constituent calls from Santos' district to D'Esposito, while county Executive Bruce Blakeman called the 3rd District congressman "a stain on the House of Representatives."

Speaker Kevin McCarthy, though, showed no interest in pressuring Santos to resign or trying to organize two-thirds of the House to expel him. (The last time this happened was 2002, when Democratic Rep. James Traficant of Ohio was ejected by his colleagues three months after he was found guilty on corruption charges.) McCarthy instead said, "The voters elected him to serve," adding, "Is there a charge against him? In America today, you're innocent until proven guilty."

While McCarthy did declare that Santos, who backed him last week in each of the 15 speakership votes, would not be assigned to any of the top House committees, he made it clear that he'd get to sit on some panels. The speaker, when reminded how Santos had lied about his biography, responded, "Yeah, so did a lot of people here, in the Senate and others, but the one thing I think, it's the voters who made that decision. He has to answer to the voters and the voters can make another decision in two years."

Legislatures

● MI State House: Democrats last November flipped the state House to win a 56-54 edge, but Gorchow News Service notes the chamber would become tied for a few months should two members from the Detroit suburbs win their respective mayoral elections this November. State Rep. Kevin Coleman said last month that he would run to lead Westland, while colleague Lori Stone recently filed paperwork for a potential bid for mayor of Warren.

Democrats would be favored to keep both of their constituencies should any special elections take place. According to data from Dave's Redistricting App, President Joe Biden carried Coleman's 25th House District 59-40, while he racked up an even larger 64-35 margin in Stone's HD-13.

Mayors and County Leaders

● Jacksonville, FL Mayor: The two leading Republicans are continuing to attack one another ahead of the March nonpartisan primary, with City Councilwoman LeAnna Gutierrez Cumber's PAC airing a commercial declaring that Jacksonville Chamber of Commerce CEO Daniel Davis was "ready to sell out" the city by supporting the privatization of the municipal utility JEA.

"As CEO of the Chamber of Commerce, Davis took over $300,000 from JEA to promote privatization," declares the narrator, who argues this would have raised energy bills. The ad then plays audio of Davis saying, "I think more privatization should take place in the city of Jacksonville." Davis' own PAC recently went up with a commercial labeling Cumber a "fake conservative."

● Montgomery County, PA Board of Commissioners: Gov.-elect Josh Shapiro announced Wednesday that he was nominating Montgomery County Board of Commissioners Chair Valerie Arkoosh, a fellow Democrat who succeeded him in 2016 as head of the state's third-largest county, to become the new state human services secretary. Should Arkoosh, who ran an aborted 2022 campaign for the U.S. Senate, be confirmed by two-thirds of the state Senate, it would be up to the County Court judges to pick her replacement on the three-member body.

Arkoosh's planned departure comes ahead of this year's local elections in this suburban Philadelphia county. All three Commission seats are elected countywide, and voters in November can select up to two candidates. However, each party can only nominate two candidates this May, so the body will wind up with a 2-1 split no matter what.

Republicans spent generations as the dominant party in Montgomery County, and they continued to control the Commission into the 21st century even as local voters began favoring Democratic presidential candidates. In 2011, though, Shapiro led his party to its first-ever majority, and there's no reason to think they're in danger of losing it this fall in what's become a heavily blue area.

Prosecutors and Sheriffs

● Philadelphia, PA District Attorney: The Republican-led state Senate voted Wednesday to indefinitely postpone its impeachment trial against Philadelphia District Attorney Larry Krasner, a decision that came weeks after the state's Commonwealth Court ruled that state House Republicans failed to demonstrate any of the legally required standards for "misbehavior in office" in their articles of impeachment. That ruling did not order the upper chamber to halt the planned Jan. 18 trial, and the House GOP has not yet said if it will appeal the decision.

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

Posted on January 4, 2023 by Daily Kos Elections

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Leading Off

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

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

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

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

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

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

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

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

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

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

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

Senate

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

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

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

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

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

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

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

former Purdue University President Mitch Daniels: 32

Rep. Jim Banks: 10

former Rep. Trey Hollingsworth: 9

Rep. Victoria Spartz: 7

Attorney General Todd Rokita: 7

Someone Else: 6

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

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

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

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

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

Sen. Mike Braun: 25

Attorney General Todd Rokita: 9

Lt. Gov. Suzanne Crouch: 7

former Rep. Trey Hollingsworth: 6

Businessman Eric Doden: 3

Someone Else: 9

Braun, Crouch, and Doden are currently running.

Governors

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

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

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

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

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

House

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

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

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

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

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

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

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

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

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

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

Attorneys General and Secretaries of State

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

Judges

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

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

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

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

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

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

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

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

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

Legislatures

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

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

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

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

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

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

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

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

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

Mayors and County Leaders

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

Prosecutors and Sheriffs

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

Obituaries

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

Grab Bag

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

Morning Digest: Oregon Republicans threatens suit to overturn election results because of attack ad

Posted on October 7, 2022 by Daily Kos Elections

Embedded Content

Leading Off

● OR-06: Here's something you don't see often—or ever: Republican Mike Erickson released an internal poll showing him leading his Democratic opponent, Andrea Salinas, the very same day that he filed a lawsuit demanding Salinas take down an attack ad by citing a law that he recently threatened to use to overturn the election should he lose.

To pick apart this strange turn of events, we'll start with Erickson's survey from Cygnal, which shows him beating Salinas 44-39 in Oregon's brand new 6th District, a seat Joe Biden would have taken 55-42. The last polls we saw out of this district, which is based in the Salem area and Portland's southwestern suburbs, were both from mid-August: The GOP firm Clout Research gave Erickson an even larger 43-34 advantage, while a GBAO internal for Salinas had her up 48-45.

Despite these optimistic numbers for Republicans, however, both the Congressional Leadership Fund and the NRCC have so far avoided spending here, even though their opponents at the DCCC and House Majority PAC have together dropped over $1.4 million. Given the district's lean, it's exceedingly unlikely that the GOP's two biggest House groups have steered clear of this race because they feel supremely confident, especially since a conservative organization called Take Back Oregon PAC just launched a $300,000 TV buy this week.

Salinas' side has run several commercials focusing both on allegations that Erickson paid for a girlfriend to have an abortion in 2000—years before Herschel Walker did the same—as well as stories around his 2016 arrest. The latter is the focus of his new lawsuit and a cease and desist notice he recently sent to Salinas. In that letter, Erickson threatened to invoke a state law that the Oregon Capitol Chronicle writes "prohibits knowingly making false statements about a candidate, political committee or ballot measure."

Reporter Julia Shumway explains, "If a judge determines that a candidate made a false statement that cost their opponent an election, the law states that the candidate will be removed as a nominee or elected official." But she adds, "Over several decades, Oregon courts have interpreted that law to exclude opinions or statements that could reasonably be interpreted as true." It's also not clear whether this law has ever been successfully employed to reverse the results of an election, and Erickson's attorney, Jill Gibson, cited no such examples in her letter.

In his newly filed lawsuit, Erickson didn't actually present any demands regarding overturning the upcoming election but instead asked a state court to order Salinas to stop airing the ads in question and "to retract the false statements by airing correction advertisements with the same frequency and broadcast location as the false advertisements." He is also seeking $800,000 in monetary damages, which he claims would cover the cost of "commercials to correct the false statements."

The complaint insists that Salinas' ads are "false" because Erickson "has never been charged with illegal possession of drug." To that end, Gibson's letter cited a recent story from The Oregonian in which Hood River County District Attorney Carrie Rasmussen said that the court documents that those allegations came from were incorrect.

Instead, Erickson's attorney from that case, Tara Lawrence, insisted that she'd made a "mistake" by filing a plea agreement stating that the Rasmussen's office had "agreed to dismiss felony possession of controlled substance upon tender of guilty plea." An attorney for Salinas, however, cited that very statement in support of the ad's truthfulness in a letter and argued that "a charge is a charge, whether or not the DA files it."

Before Erickson filed his lawsuit, Salinas' campaign shrugged off his threats, saying in a statement, "Mike Erickson's threats to overturn the election if he doesn't win should raise major concerns for Oregonians who cherish democracy."

The Downballot

● After an eruption of even more scandals among Republican Senate candidates, FiveThirtyEight's Nathaniel Rakich returns to The Downballot this week to discuss the effect these sorts of scandals can have on competitive races; whether Democrats stand a chance to keep the House; and the different ways pollsters create likely voter models.

Co-host David Beard and guest host Joe Sudbay also discuss Dr. Oz, puppy killer; the GOP's hypocrisy regarding Herschel Walker's ever-growing list of scandals; Texas Attorney General Ken Paxton’s desperate attempts to avoid testifying in an abortion case; and Brazil's presidential runoff, where former President Luiz Inacio Lula de Silva remains the favorite despite far-right incumbent Jair Bolsonaro's better-than-expected first-round showing.

Please subscribe to The Downballot on Apple Podcasts or wherever you listen to podcasts. You can also find a transcript for this week's episode right here.

3Q Fundraising

CO-Sen: Joe O'Dea (R): $2 million raised, additional $1 million self-funded
GA-Sen: Herschel Walker (R): $12 million raised, $7 million cash-on-hand
OH-Sen: Tim Ryan (D): $17.2 million raised
PA-Sen: John Fetterman (D): $22 million raised
WI-Sen: Mandela Barnes (D): $20 million raised
GA-Gov: Brian Kemp (R-inc): $29 million raised, $15.4 million cash-on-hand
OH-Gov: Mike DeWine (R-inc): $1.5 million raised (in September), $12.5 cash-on-hand; Nan Whaley (D): $1.2 million raised (in September), $3.9 million cash-on-hand
CA-22: Rudy Salas (D): $1.2 million raised
CO-08: Yadira Caraveo (D): $1.5 million raised, $550,000 cash-on-hand
FL-15: Alan Cohn (D): $400,000 raised
IA-02: Ashley Hinson (R-inc): $1.25 million raised, $1.7 million cash-on-hand
IL-17: Eric Sorensen (D): $1.5 million raised
MT-01: Monica Tranel (D): $1.1 million raised
NH-02: Annie Kuster (D-inc): $1 million raised, $2.6 million cash-on-hand
NM-02: Gabe Vasquez (D): $1.55 million raised
NY-18: Pat Ryan (D-inc): $2.25 million raised, $600,000 cash-on-hand; Colin Schmitt (R): $500,000 raised, $500,000 cash-on-hand
PA-17: Chris Deluzio (D): $1.4 million raised
VA-02: Jen Kiggans (R): $1 million raised
VA-07: Abigail Spanberger (D-inc): $2.2 million raised

Senate

● CO-Sen: Ron Hanks, a far-right state representative who lost the June Republican primary to Joe O'Dea 54-46, announced this week that he was endorsing Libertarian Brian Peotter as "the only conservative on the ballot." Hanks made it clear exactly what he thought of his former intra-party rival in his statement, declaring, "There is only a fake Republican, a pay-to-play opportunist with no conservative values or agenda. He merits no support, and he's not likely to get much." Hanks added, "Let the COGOP know we will have a party with conservative principles, not squishy candidates with a power fetish."

● GA-Sen: While Republican Herschel Walker has spent days insisting that he did he not pay for his then-girlfriend to have an abortion in 2009 and that he also doesn't know who his accuser could be, the Daily Beast reported Wednesday night that the woman in question had a child with Walker a few years after her abortion. The woman, whose identity the publication has withheld, said of Walker's denials, "Sure, I was stunned, but I guess it also doesn't shock me, that maybe there are just so many of us that he truly doesn't remember." She continued, "But then again, if he really forgot about it, that says something, too."

The next day, Walker held a press conference where he again denied that he even knew who this woman was. However, the Daily Beast further reported that back in June, when the site first broke the news that Walker was father to three previously undisclosed children, the candidate himself had confirmed she was the mother of one of them.

Just before these latest developments, Walker released an ad against Democratic Sen. Raphael Warnock that played footage of a Democratic commercial focused on reports that the Republican had threatened to kill his ex-wife. "As everyone knows, I had a real battle with mental health—even wrote a book about it," Walker declared. CNN's Andrew Kaczynski quickly noted that this spot, which was aired "presumably in response to Daily Beast story," mentioned Walker's 2008 memoir, which was published the year before the candidate allegedly paid for the abortion.

● NC-Sen: NBC reports that Senate Majority PAC has booked an additional $4 million to help Democrat Cheri Beasley, a move that will bring its total spending here to $10.5 million. The reservation comes at a time when Republican outside groups have been deploying considerably more money here than Democrats: While Politico reported Tuesday that Beasley has outspent Republican Ted Budd by $9 million in advertising, data from OpenSecrets shows that Budd's super PAC allies have outpaced Beasley’s supporters $34.9 million to $7.8 million.

● NE-Sen: Nebraska Sen. Ben Sasse announced on Thursday that he would resign to become president of the University of Florida, which has named the Republican as the sole finalist for the post. Multiple media outlets report that Sasse's departure will occur before the end of the year, which would allow Republican Gov. Pete Ricketts, who will leave office in early 2023, to appoint a successor. The Nebraska Examiner says that a special election would take place for the final two years of Sasse's term in 2024, when fellow GOP Sen. Deb Fischer will also be up.

Sasse held the post of president of Midland University in Nebraska when he entered the 2014 primary to succeed Sen. Mike Johanns, a fellow Republican who unexpectedly decided to retire after one term. Sasse had the backing of the deep-pocketed Club for Growth but still looked like the underdog for most of his campaign against former state Treasurer Shane Osborn, a retired Navy pilot who was detained by China in 2001 after his plane collided with a Chinese fighter.

Osborn's bid, however, began to fall apart weeks before the primary after the media reported that he'd distributed a bogus Navy memo to defend his decision to land in China. Sasse soon pulled ahead in the polls, while his allies took action late in the campaign to stop a third contender, wealthy banking executive Sid Dinsdale, from sneaking through. Ultimately, Sasse beat Dinsdale by a convincing 49-22 margin, and he easily won the general election in this red state.

The new senator became a media favorite in D.C., especially after he emerged as a loud Donald Trump critic during the 2016 campaign, saying at one point that "if the Republican Party becomes the party of David Duke, Donald Trump, I'm out." Sasse, though, was anything but out after Trump took the White House, and while he still vocally trashed him at times, the senator nevertheless loyally voted the administration's way.

There was talk in 2020 that Sasse could be on the receiving end of a Trump-inspired primary challenge, but no one serious emerged even before Trump himself endorsed the incumbent. Sasse had no trouble winning a second term, though he went on to become one of seven Senate Republicans to vote to convict Trump the next year following his second impeachment. The Nebraskan, though, still voted the party line on all other major issues.

● UT-Sen: Put Utah First, a group funded by Democratic megadonor Reid Hoffman, has dropped another $900,000 to aid conservative independent Evan McMullin, which takes its total investment here to $2.65 million.

● Polls:

AZ-Sen: SSRS for CNN: Mark Kelly (D-inc): 51, Blake Masters (R): 45
IA-Sen: Cygnal (R) for Iowans for Tax Relief: Chuck Grassley (R-inc): 54, Mike Franken (D): 40 (July: 52-43 Grassley)
NV-Sen: SSRS for CNN: Adam Laxalt (R): 48, Catherine Cortez Masto (D-inc): 46

Governors

● OR-Gov: Republican Christine Drazan has debuted a commercial accusing Democrat Tina Kotek of blocking an investigation into sexual abuse allegations, but The Oregonian's Jamie Goldberg writes, "Even by the traditionally loosened standards for political ads, that assertion is untrue, according to independent investigations and news reports."

Drazan's commercial declares that as speaker of the state House, Kotek "blocked an investigation into repeated sexual abuse because she was worried about how it would make her look." The complaints in question were about Republican Jeff Kruse—a member of the state Senate, not the state House. Unsurpirsingly, the speaker noted after the allegations became public that she had no influence over members of the upper chamber and said she did not have knowledge of the complaints against Kruse.

Goldberg writes, "No subsequent news reporting has showed Kotek covered up sexual abuse, although she did provide privacy to some victims who spoke up after 2018 to allege harassment by House members." The speaker was one of several lawmakers who initially refused to comply when the state Labor Bureau issued subpoenas after legislative attorneys argued the requests documents could reveal the identity of Kruse's accusers, but Goldberg says that a court order ultimately led Kotek and others to comply.

● Polls:

AZ-Gov: SSRS for CNN: Katie Hobbs (D): 49, Kari Lake (R): 46
IA-Gov: Cygnal (R) for Iowans for Tax Relief: Kim Reynolds (R-inc): 59, Deidre DeJear (D): 38 (July: 56-41 Reynolds)
MN-Gov: SurveyUSA for KSTP: Tim Walz (D-inc): 50, Scott Jensen (R): 40 (Sept.: 51-33 Walz)
NV-Gov: SSRS for CNN: Joe Lombardo (R): 48, Steve Sisolak (D-inc): 46

House

● FL-13: Progress Pinellas has dropped another $2.2 million to support Democrat Eric Lynn, which takes its total investment here to $6.7 million. The Tampa Bay Times reported in April that the group is funded by hedge fund manager Justin Ishbia, a Lynn cousin who usually contributes to Republicans.

● MI-07: The Congressional Leadership Fund is running a new ad attacking Democratic Rep. Elissa Slotkin over recent reports that she’s been leasing a condo from a donor named Jerry Hollister, who serves as director of government relations for a medical manufacturing company called Niowave. CLF cites a Detroit News story noting that Slotkin had signed a 2020 letter supporting a Department of Energy program that awarded a total of $28 million to Niowave in 2019 and 2021, which the narrator suggests is "shady."

Slotkin's campaign responded to the initial stories by noting that she never mentioned Niowave in that missive, and that the Republican she defeated in 2018, Rep. Mike Bishop, had previously signed a similar letter. Her team declared the congresswoman had "never done anything in Congress that inappropriately benefits his company" and that she was "paying market rate rent to a landlord, just like thousands of mid-Michiganders."

● MN-02: The Minnesota Reformer's Deena Winter reported Wednesday that, while Republican Tyler Kistner spent his unsuccessful 2020 campaign suggesting that he'd been in combat, Marine records show that was never the case. Winter notes that Kistner, who is again the GOP nominee, would have received a combat action ribbon had he seen battle, which he's acknowledged he doesn't have.

Two years ago, Kistner was facing off against several fellow Republicans, including Air Force veteran Erika Cashin, ahead of the GOP party convention, where Minnesota nominations are often decided. Kistner said at the time he couldn't turn over documents about his service, but he declared in the lead up to the gathering that he'd put the enemy "six feet under" and had "been on the wrong end of a loaded weapon." The candidate also referenced the wars in Iraq and Afghanistan and said, "I've been in such conflicts."

Cashin said in response at the time, "Tyler Kistner has said he is 'the most decorated military member in this race,' and has made multiple statements needing clarification." She also challenged him to release his records, arguing, "Tyler can put these questions to rest by simply releasing his DD 214 and proving what he has said is true." Kistner, though, won the party endorsement without publicizing those documents, and Cashin and his other foes dropped out afterwards rather than go on to the primary. Kistner ultimately lost the general election to Democratic Rep. Angie Craig 48-46.

The Congressional Leadership Fund, which is backing Kistner's second bid to unseat Craig, had been airing an ad saying he'd been in "four combat deployments." The progressive group VoteVets, though, asked stations to take down these spots because Kistner had actually served in Japan and Korea, which are not combat zones. CLF, for its part, claims it distributed an "incorrect version of the ad and fixed it ourselves on the same day."

A Kistner consultant named Billy Grant insisted his client had never lied during the 2020 race. Grant told Winter that the "six feet under" line referred to an operation where a "partner force effectively killed more than eight violent extremist organizations in the North African region," where Kistner helped coordinate the evacuation of seven injured soldiers. Grant also argues that Kistner had been telling the truth about being on the "wrong end of a loaded weapon" because he'd gotten into an argument with an allied commander who had pulled a gun on him before the matter was resolved.

● NY-11, NY-19: Siena College is out with a pair of surveys for Spectrum News giving each party the lead in a New York House contest.

Over in the 11th District, which includes all of Staten Island and a portion of Brooklyn, freshman Republican Rep. Nicole Malliotakis enjoys a 49-43 edge in her rematch against Democrat Max Rose. The sample also finds Republican Lee Zeldin with a small 46-42 advantage against Democratic Gov. Kathy Hochul in a constituency Trump would have taken 53-46.

In the Hudson Valley-based 19th, meanwhile, Siena has Democrat Josh Riley beating Republican Marc Molinaro 46-41. The school also finds Zeldin ahead 46-45 in this swingy turf, which would have backed Biden 51-47.

Attorneys General & Secretaries of State

● AZ-SoS, NV-SoS: SSRS, polling for CNN, finds election deniers with small leads in a pair of secretary of state races taking place in crucial swing states. Mark Finchem posts a 49-45 edge over Democrat Adrian Fontes in Arizona, while fellow Republican Jim Marchant enjoys a similar 46-43 edge against Cisco Aguilar in Nevada. Last week, the progressive group End Citizens United released internals from GSG showing Fontes ahead 46-44. Fontes is also getting some new outside support, as CNN reports that the Democratic organization iVote will spend $5 million to aid him.

● IA-AG: The Republican firm Cygnal's new survey for the conservative Iowans for Tax Relief shows Republican Brenna Bird outpacing longtime Democratic Attorney General Tom Miller 46-43. Back in July, Cygnal found Miller, who is seeking a historic 11th term, ahead by a narrow 45-44 margin.

● IN-SoS: IndyPolitics.com recently published a story in which two women charged that Diego Morales, who is the Republican nominee for secretary of state, sexually harassed and groped them. One said the incident took place in 2007, while the other said her encounter with Morales took place a few years later. Morales soon put out a statement saying, "The claims being made against me are false and I unequivocally deny all of them." He faces Democrat Destiny Wells in November.

Ad Roundup

GA-Sen: Senate Leadership Fund - anti-Raphael Warnock (D-inc)
NC-Sen: Senate Leadership Fund - anti-Cheri Beasley (D)
NH-Sen: Senate Leadership Fund - anti-Maggie Hassan (D-inc) and pro-Don Bolduc (R)
NV-Sen: Catherine Cortez Masto (D-inc) - anti-Adam Laxalt (R)
NV-Sen: Adam Laxalt (R)
NV-Sen: Senate Leadership Fund - anti-Catherine Cortez Masto (D-inc) (here and here)
OH-Sen: Senate Leadership Fund - anti-Tim Ryan (D)
PA-Sen: Mehmet Oz (R) - anti-John Fetterman (D)
PA-Sen: Senate Leadership Fund - anti-John Fetterman (D)
WI-Sen: Progress Action Fund - anti-Ron Johnson (R-inc)
KS-Gov: Derek Schmidt (R) - anti-Laura Kelly (D-inc)
ME-Gov: Janet Mills (D-inc) - anti-Paul LePage (R)
MN-Gov: Alliance for a Better Minnesota (DGA affiliate) - anti-Scott Jensen (R)
TX-Gov: Greg Abbott (R-inc) - anti-Beto O'Rourke (D)
AZ-06: Juan Ciscomani (R) - anti-Kirsten Engel (D)
CA-22: Congressional Leadership Fund - anti-Rudy Salas (D)
CA-27: Congressional Leadership Fund - anti-Christy Smith (D)
CA-45: Congressional Leadership Fund - anti-Jay Chen (D)
CA-49: Brian Maryott (R) - anti-Mike Levin (D-inc)
FL-13: Anna Paulina Luna (R) - anti-Eric Lynn (D)
IA-02: Ashley Hinson (R-inc) - anti-Liz Mathis (D)
IA-02: Congressional Leadership Fund - anti-Liz Mathis (D)
IA-03: Congressional Leadership Fund - anti-Cindy Axne (D-inc)
IA-03: DCCC - anti-Zach Nunn (R)
IL-17: Eric Sorensen (D)
MI-07: Tom Barrett (R) - anti-Elissa Slotkin (D-inc)
MT-01: Monica Tranel (D) - anti-Ryan Zinke (R) (here and here)
NC-13: Bo Hines (R)
NC-13: Congressional Leadership Fund - anti-Wiley Nickel (D)
NE-02: Congressional Leadership Fund - anti-Tony Vargas (D)
NH-01: Congressional Leadership Fund - anti-Chris Pappas (D-inc)
NJ-07: Congressional Leadership Fund - anti-Tom Malinowski (D-inc)
NV-04: Steven Horsford (D-inc) - anti-Sam Peters (R)
PA-17: Congressional Leadership Fund - anti-Chris Deluzio (D)
RI-02: Allan Fung (R)
RI-02: Congressional Leadership Fund - anti-Seth Magaziner (D)
TX-23: Tony Gonzales (R-inc) (here and here)
VA-07: Congressional Leadership Fund - anti-Abigail Spanberger (D-inc)
WA-08: Congressional Leadership Fund - anti-Kim Schrier (D-inc)
GA-AG: Chris Carr (R-inc)
AZ-SoS: Arizona Democratic Party - anti-Mark Finchem (R)

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

Posted on September 28, 2022 by Daily Kos Elections

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Leading Off

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

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

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

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

Senate

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

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

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

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

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

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

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

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

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

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

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

● Polls:

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

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

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

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

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

Governors

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

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

● Polls:

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

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

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

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

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

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

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

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

House

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

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

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

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

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

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

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

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

Obituaries

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

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

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

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

Ad Roundup

Dollar amounts reflect the reported size of ad buys and may be larger.

AK-Sen: Lisa Murkowski (R-inc)
AK-Sen: Senate Leadership Fund - anti-Kelly Tshibaka (R)
CO-Sen: Michael Bennet (D-inc)
GA-Sen: Senate Leadership Fund - anti-Raphael Warnock (D-inc)
GA-Sen: One Nation - anti-Raphael Warnock (D-inc) (here and here)
NH-Sen: Maggie Hassan (D-inc)
NH-Sen: Senate Leadership Fund - anti-Maggie Hassan (D-inc)
NH-Sen: NRSC - anti-Maggie Hassan (D-inc)
NH-Sen: One Nation - anti-Maggie Hassan (D-inc) (here and here)
NV-Sen: Catherine Cortez Masto (D-inc) - anti-Adam Laxalt (R)
NV-Sen: Senate Leadership Fund - anti-Catherine Cortez Masto (D-inc)
OH-Sen: Tim Ryan (D)
OH-Sen: Senate Leadership Fund - anti-Tim Ryan (D)
PA-Sen: Mehmet Oz (R) - anti-John Fetterman (D)
PA-Sen: Senate Leadership Fund - anti-John Fetterman (D)
WI-Sen: Senate Leadership Fund - anti-Mandela Barnes (D)
AZ-Gov: Katie Hobbs (D) and Arizona Democratic Party (joint ad)
AZ-Gov: Kari Lake (R) and the Yuma County Republican Party (joint ad) (part of $7.5 million buy)
KS-Gov: RGA - anti-Laura Kelly (D-inc)
MI-Gov: Put Michigan First (DGA affiliate) - anti-Tudor Dixon (R)
NM-Gov: Mark Ronchetti (R) - anti-Michelle Lujan Grisham (D-inc)
OR-Gov: Tina Kotek (D) - anti-Christine Drazan (R) and Betsy Johnson (I)
RI-Gov: Ashley Kalus (R) - anti-Dan McKee (D-inc)
TX-Gov: Greg Abbott (R-inc) - anti-Beto O'Rourke (D) (part of $4 million buy)
WI-Gov: Tim Michels (R) - anti-Tony Evers (D-inc) (here and here)
AZ-02: Tom O'Halleran (D-inc) - anti-Eli Crane (R)
CA-03: Kevin Kiley (R)
CA-13: Congressional Leadership Fund - anti-Adam Gray (D) (here and here)
CA-22: Rudy Salas (D) and the DCCC (joint ad) - anti-David Valadao (R-inc)
CA-22: House Majority PAC - anti-David Valadao (R-inc) and pro-Rudy Salas (D) (in English and Spanish)
CA-22: NRCC - anti-Rudy Salas (D)
CA-22: Congressional Leadership Fund - anti-Rudy Salas (D)
CA-49: House Majority PAC - anti-Brian Maryott (R)
CA-49: Congressional Leadership Fund - anti-Mike Levin (D-inc)
CO-08: DCCC - anti-Barbara Kirkmeyer (R)
CO-08: Congressional Leadership Fund - anti-Yadira Caraveo (D)
IA-03: Zach Nunn (R) - anti-Cindy Axne (D-inc)
IL-17: Congressional Leadership Fund - anti-Eric Sorensen (D)
MI-07: DCCC - anti-Tom Barrett (R)
MI-07: Congressional Leadership Fund - anti-Elissa Slotkin (D-inc)
MI-08: DCCC - anti-Paul Junge (R) (here and here)
MN-02: DCCC - anti-Tyler Kistner (R)
MN-02: Congressional Leadership Fund - anti-Angie Craig (D-inc)
NC-13: House Majority PAC - anti-Bo Hines (R)
NC-13: NRCC - anti-Wiley Nickel (D)
NM-02: Congressional Leadership Fund - anti-Gabe Vasquez (D)
NY-18: Pat Ryan (D-inc)
OH-01: NRCC - anti-Greg Landsman (D)
OR-05: DCCC - anti-Lori Chavez-DeRemer (R)
PA-17: Congressional Leadership Fund - anti-Matt Cartwright (D-inc)
TX-15: NRCC - anti-Michelle Vallejo (D)
VA-02: Elaine Luria (D-inc) - anti-Jen Kiggans (R)
VA-07: NRCC - anti-Abigail Spanberger (D-inc)
WA-08: Congressional Leadership Fund - anti-Kim Schrier (D-inc)
MN-AG: Keith Ellison (D-inc)

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