Republican screwups on infrastructure hurt people from Kentucky to Michigan to Mississippi to NYC

The running joke of the Trump presidency—okay, one of the running jokes—was the constant pronouncements of an upcoming “infrastructure week” or that some kind of infrastructure deal was in the offing. Nothing. Ever. Happened. Meanwhile, ask the people of Jackson, Mississippi—who watched as the government at every level failed for decades to invest in keeping their city’s water system up to date, with some residents unable to access water for weeks—to find humor in Trump’s failure to deliver. We’ll come back to that story below.

Once again, infrastructure is the word flying around Washington, D.C., and it’s no longer a joke. There are ongoing conversations in the House and the Senate. We’ve seen a bipartisan deal announced laying out the framework on funding what’s called physical infrastructure (roads, bridges, etc.), the urgent need for which will be our focus here. However, let me add that our government—with or without support from Republicans—absolutely must fund equally vital human infrastructure needs such as child and elder care, job training, and education, elements that are just as important in making our economy stronger. As President Biden pointed out in La Crosse, Wisconsin, on June 29, “the human infrastructure is intertwined with our physical infrastructure.”

Finally, the grownups are in charge.

For anyone who still needs convincing, the consulting firm McKinsey laid out the data on the benefits of serving the common good by investing in our country’s physical infrastructure: there is little doubt about the value of investing in good infrastructure. In 2015, the nonpartisan Congressional Budget Office estimated that every dollar spent on infrastructure brought an economic benefit of up to $2.20. The U.S. Council of Economic Advisers has calculated that $1 billion of transportation-infrastructure investment supports 13,000 jobs for a year. Beyond the numbers, infrastructure is critical to the health and well-being of the country: the United States could not function without the roads, bridges, sewers, clean water, and airports previous generations paid for.

As you can see below, after a nice bump early in the Obama-Biden years thanks to the 2009 stimulus package, infrastructure spending dropped off and fell to generational lows under the guy who followed them.

It would be impossible to provide even a partial list of the necessary infrastructure projects across the U.S., although this article does a nice job presenting a number of the highest priorities. The Biden White House has produced fact sheets that sum up each state’s physical infrastructure needs, demonstrating what it hopes to accomplish for Americans all across the country.

Images of the horrific water crisis in Flint, Michigan, are burned into all of our minds, but another city’s water-related tragedy may be less familiar. In Jackson, Mississippi, a city of 160,000 inhabitants, over 80% of whom are Black, the majority went without running water for weeks after a brutal mid-February storm. How brutal? An engineer at the state Department of Transportation expressed the following: “I sincerely hope that in 25 plus years from now, we are still talking about this event as the ‘worst one ever.” Even a month after the storm had passed, over 70% of people were still being told to boil their water before using it.

Why did the storm wreak such havoc in Jackson specifically? Because of a century-plus old municipal water system whose vulnerabilities were laid bare by the storm—which also pummeled Texas, killing hundreds and perhaps as many as a thousand people while knocking out that state’s power grid. Jackson residents reflected on the crisis in interviews with Good Morning America.

Mayor Chokwe Antar Lumumba specifically blamed Mississippi Republicans, who have dominated the state’s politics for decades, for failing to fund the necessary infrastructure repairs that would have mitigated damage from the storm: “I think that you find less willingness from the state to support a city like Jackson, because they don't necessarily feel that the demographics of Jackson, or even the politics of Jackson resemble the majority opinion.” In other words, they didn’t care one iota about a city full of Black Democrats.

The governor of Mississippi recently murmured something about assisting the city in looking around for low-interest loans. Yip-frickin-ee. The mayor estimated the cost of truly solving the problems faced by the city’s water system—Jackson’s water also has a lead problem rivaling that of the aforementioned Flint—at $2 billion. The Biden plan proposed to send what will hopefully be enough money to make things right for the people of Jackson.

Beyond Flint’s problems, there are dams all over Michigan that are simply falling apart. In May 2020, the Sanford and Edenville dams burst after heavy rains, flooding surrounding areas. Regarding the Edenville dam—aged 96 years—federal regulators revoked its license to generate hydropower in 2018, but the state regulators apparently dropped the ball in subsequent years. Overall, the dams failed because of “years of underfunding and neglect.”

Like in Mississippi, Michigan Republicans have controlled the purse strings for quite some time. They’ve maintained a state Senate majority since 1984, and have run the House since 2010—aided significantly by gerrymandering. From 2011 through 2019, the state’s governor was Republican Rick Snyder. While holding this trifecta of power, Michigan Republicans largely ignored the state’s infrastructure needs. In fact, Snyder, along with other members of his administration, were indicted earlier this year on criminal charges for their actions (or lack thereof) relating to Flint’s water fiasco.

On dams, the kind of flooding residents of Midland and Gladwin counties suffered is common in every part of the country. There are about 91,000 dams in the U.S. Of these, approximately 15,000-16,000 are located in spots where, if they broke, significant loss of life and property destruction would result. The Association of State Dam Safety Officials has determined that around one out of every six of those dams are “deficient.” That is a problem we need to address before the next storm.

The most infuriating, most foolish example of active Republican malfeasance originated in the time before President Caligula had made the transition from reality show buffoon to destructive demagogue. It took place at the center of the region with the largest economy of any in the U.S., and concerned its most important ground transportation hub—the one that connects the island of Manhattan to the mainland by train.

We’re also talking about a problem that Democratic President Barack Obama and a Democratic Congress, with the support of local officials, had actually begun fixing over a decade ago. That was before New Jersey’s Republican Gov. Chris Christie, doctrinaire conservative that he is, metaphorically stood athwart the train tracks yelling “STOP!” It’s a very long story, but it’s one that demonstrates how Republican ideology, Republican lies, and plain-old Republican shortsightedness put the kibosh on a project that remains just as necessary today.

There is only one train tunnel—which happens to be 110 years old—running beneath the Hudson River. For many years, we’ve known that that’s at least one tunnel too few. What was then called the ARC (Access to the Region’s Core) project would have built a second one, enabling twice as many trains to cross into the Big Apple. Roughly 200,000 people and 450 trains traveled through that sole, aging tunnel on a typical pre-COVID weekday. Other positive effects of the ARC project would have included: “alleviat[ing] congestion on local roads, reduc[ing] pollution, help[ing] the growth of the region’s economy and rais[ing] property values for suburban homeowners.” Oh, and it would have created 6,000 construction jobs right at the point during the Great Recession when unemployment was at its peak, at just about 10%.

The work was already underway when, in October of 2010, Gov. Christie suddenly reversed himself and cancelled the project. As late as that April, shortly after his inauguration, he had reiterated his long-standing support. Why, pray tell, did he take an action that “stunned other government officials and advocates of public transportation”? Even though the federal government, along with the states of New York and New Jersey, and the Port Authority, were all contributing to the bill, Christie claimed that New Jersey would end up bearing the burden of cost overruns, and so he pulled out.

It turned out that, as per a 2012 investigation by the Government Accountability Office (GAO), Christie was, to put it charitably, incorrect in just about everything he claimed as justification for cancelling the project. Looking back, it’s clear why he did what he did, based on where the money that had been dedicated to building the ARC tunnel ended up—namely in NJ’s “near-bankrupt transportation trust fund, traditionally financed by the gasoline tax.” In other words, he took the money so he wouldn’t have to raise gas taxes, and thereby earn the ill-will of the people who put him in office. What a bozo.

As bad as that decision was at the time, it was rendered even more foolish by a little thing called Hurricane Sandy, which slammed the region in 2012. A year earlier, what had been the ARC project had been tweaked somewhat and re-proposed as the Gateway project, again centering on the building of a new Hudson River tunnel. After Sandy resulted in severe flooding, an Empire State Building-sized amount of dirty, salty water ended up in the tunnels. Repairing the damage with only one tunnel in operation would cause a nightmare for commuters.

But, after initial steps were taken during Obama’s second term that culminated in a cost-sharing agreement between the states—who together would pick up half the tab, with the federal government paying the other half—a new president took office in 2017. And he was a New Yorker, born and bred, so certainly he’d make sure the Gateway project happened. Unfortunately, The Man Who Lost An Election And Tried To Steal It not only physically abandoned his Fifth Avenue penthouse—he now makes Florida his primary home—he 100% abandoned the city that made him a household name. Progress on the Gateway tunnel ground to a halt, and the funding dried up, as Trump took an “obstructionist stance.”

That brings us back to the Biden-Harris administration, which formally approved the Gateway project just over a month ago. In the last days of June, Transportation Secretary Pete Buttigieg toured the tunnel himself. He made clear that his boss was 100% on board, and fully understood the necessity for the whole of the American economy of the project. Shutting down even one of the two tubes in the existing tunnel for repairs without having first built the additional Gateway tunnel would mean, as the one-time Mayor Pete noted: “you would be feeling the economic impact all the way back in Indiana, where I come from.” To be more specific, a study by the non-profit Regional Plan Association found the impact could run as high as $16 billion, and cost 33,000 jobs.

Senate Majority Leader Chuck Schumer of New York gave thanks to the White House on behalf of the region, and took a dig at the twice impeached former Gotham-dweller: “Now we can announce that the hostage that was the Gateway tunnel under the previous administration has been freed,” and added: “We are full speed ahead to get Gateway done.” The project could begin as early as next year, or else in 2023, according to the senator. Still, Christie and Trump set the region back years—perhaps a decade. All of us are still crossing our fingers that not only will the project happen, but also that the new tunnel is completed before the old one gives out.

But of course it’s not only urban centers that have dire infrastructure needs. Martin County is in eastern Kentucky, with a population that is, incredibly, over 99% white. Since 1999, both U.S. Senate seats from Kentucky have been held by Republicans, one of them by Mitch McConnell, who has led the Republican Party in that body since 2007. In the House, Martin County has been represented by Republican Hal Rogers since 1981.

In a video produced by the Biden White House, Barbi Ann Maynard detailed what she and her neighbors don’t have, because their infrastructure is so lacking: “People talk about Eastern Kentucky is poor, and they don't really have anything. Well, how are we ever going to have anything if our government won’t invest in our infrastructure? We’re people too. We’re American citizens. And we deserve access to clean, affordable drinking water.” Running the tap at her kitchen sink, she pointed at the not at all clear liquid flowing out of it and stated simply: “this water disgusts me. I’m afraid of this water.”

Maynard described the language that has appeared “for decades” as a warning on the back of the water bills Martin County residents receive: “If you are pregnant, infant, elderly, have a compromised immune system, consult a physician before consuming this water. If consumed over many years, it causes liver damage, kidney damage, central nervous system damage, and twice it says increased risk of cancer.” I drink New York City tap water every day, multiple glasses of it, without thinking twice. So while my region has its infrastructure deficiencies, folks in Eastern Kentucky have it even worse in their daily lives, right now.

Maynard continued by talking about the need for roads and bridges, which are either in disrepair or nonexistent across the county, as well as other priorities. The Nolan Toll Bridge was the only way for people in the area to get to the interstate. After being damaged badly, it was closed off rather than repaired. She lamented: “When you lose bridges, roads, you lose opportunities to grow. Businesses can’t come if they can’t get their product out,” and added “because we have [a] lack of infrastructure, that causes companies to not want to come and invest in Martin County.” Maynard has been fighting for increased infrastructure spending in her county for more than twenty years, and summarized the situation thusly: “I know what we could have. I know what it could be like. And I want that for my people.”

The Orange Julius Caesar took up shop in the Oval Office in January 2017, and his party controlled the House and the Senate. Using the reconciliation process, they could easily have passed a massive infrastructure package, or even a medium-sized one, with or without Democrats. After Hurricane Maria devastated Puerto Rico’s infrastructure on Trump’s watch in 2017, he came up with little more than some paper towels to toss the island’s way. Puerto Ricans continue to suffer from Maria’s damage as well as, for just one example among many, earthquakes that revealed serious vulnerabilities in the design of hundreds of schools across the island—another major infrastructure need.

Even after Democrats won the House in the 2018 midterms, Trump still could have accomplished something major on infrastructure. Trump blew off Speaker Nancy Pelosi, fuming about impeachment. Republicans can bleat about how they believe in infrastructure, how they support infrastructure. When the rubber met the (in dire need of repair) road, they failed to deliver.

The Biden-Harris team, along with congressional Democrats, are going to do the work of funding our country’s infrastructure needs in every region, just as they’ve done the work on so many issues—ranging from carrying out a nationwide vaccination program, to rejoining the Paris Climate Accord, to passing the $1.9 trillion American Rescue Plan, among other accomplishments. This White House knows that strengthening our physical as well as human infrastructure is good politics as well as the right thing to do for the American economy, and for the American people.

Ian Reifowitz is the author of  The Tribalization of Politics: How Rush Limbaugh's Race-Baiting Rhetoric on the Obama Presidency Paved the Way for Trump (Foreword by Markos Moulitsas)

A year after Breonna Taylor’s death at the hands of Louisville police, the world still says her name

Breonna Taylor most likely never dreamt that she’d become a household name, but here we are.  In the darkness of March 13, 2020, three plainclothes Louisville Metro Police officers forced their way into the home of Taylor, an emergency room technician and former EMT. They were there on a “no-knock” warrant, searching for a man who was already in custody. Taylor’s boyfriend, Kenneth Walker, let off a warning shot from his own legally-possessed firearm. The plainclothes police fired off 32 shots in response, and six hit Taylor. The 26-year-old died in her apartment; not one of the police officers attempted to provide medical assistance. Taylor was Black; predictably, the Louisville officers were white.

The horror story is still not resolved, though Louisville did settle with Taylor’s family in September, and Walker finally got all charges permanently dropped less than a week before this heartbreaking anniversary. No police officers—including Myles Cosgrove, who fired the fatal shot—faced any charges for her death. Grand jurors blame Kentucky Attorney General Daniel Cameron, who served as special prosecutor, for “terribly misus(ing)” them as he sought that outcome, and (unsuccessfully) attempted to  impeach and remove him from office.

A year after Breonna Taylor’s death, there remain more questions than answers as the world comes together to say her name.

Say her name. Remember her face. 

One year ago, on this date: Breonna Taylor was shot and killed by Louisville police officers in her apartment. pic.twitter.com/1BzDzxU4XG

— philip lewis (@Phil_Lewis_) March 13, 2021

Remember: It’s not just what “was” that was taken away. Taylor never got to find out “what could be.”

On this night last year, Breonna still had a world of dreams ahead of her.

— Charles Booker (@Booker4KY) March 13, 2021

That her killers walk free while Taylor died for committing no crime is no accident. It’s just the system working.

Today, Breonna Taylor should be enjoying her Saturday with family and friends. Instead, it’s the anniversary of her murder and her killers - Brett Hankison, Myles Cosgrove and Jonathan Mattingly - walk free. The system was built to allow this. Don’t ignore that. Get involved. pic.twitter.com/2XBqlQ0FhF

— Ava DuVernay (@ava) March 13, 2021

Louisville Police may have turned Taylor into a statistic, but she was a person.

Breonna Taylor: who she was, how she died, and why justice is long overdue. pic.twitter.com/wp4IMybN8W

— The Daily Show (@TheDailyShow) March 13, 2021

Women of color—particularly Black women—rarely attract much attention when they’re victims of police brutality. Taylor’s mom, Tamika Palmer, is thankful she, with the help of attorney Ben Crump, was able to garner wide concern for Taylor’s killing even as she continues to seek justice and police accountability. “I couldn’t imagine something like this happening to her and that nobody was paying attention,” Palmer told The 19th.

The #SayHerName movement didn’t start with Taylor, and it does not end with her.

It’s been one year since we lost Breonna Taylor.    We cannot forget her—or the countless other Black lives that have been so needlessly taken from us. We must continue to #SayHerName, demand accountability & take action against these tragic injustices. #BlackLivesMatter

— Senator Reverend Raphael Warnock (@SenatorWarnock) March 13, 2021

No justice. No peace. 

Today marks 365 days of injustice. Breonna Taylor’s murder was an injustice. The ensuing cover-up was an injustice. Daniel Cameron’s mockery of a grand jury hearing was an injustice.

— Cori Bush (@CoriBush) March 13, 2021

This powerful video from LeBron James’ More than a Vote shows how Breonna Taylor’s death changed us.

Breonna Taylor was killed one year ago today. We #SayHerName because her life mattered. We #SayHerName because she deserves justice. We #SayHerName because our work must continue until Black lives are treated with equal value. pic.twitter.com/EyxAtMPzjw

— More Than A Vote (@morethanavote) March 13, 2021

Say. Her. Name.

One year. We will never forget you, Breonna Taylor. We will never stop saying your name. pic.twitter.com/HOEU6e4fok

— Meena Harris (@meenaharris) March 13, 2021

Again: The battle for police reform is far from over. 

It’s been one year, 365 days, since Breonna Taylor has not gotten justice...and we can’t rest until she gets it. #SayHerName #JusticeForBreonnaTaylor pic.twitter.com/Srinuw8umm

— Wanda Sykes (@iamwandasykes) March 13, 2021

Missouri Rep. Cori Bush says it better than I could.

Tomorrow marks the one-year anniversary of Breonna Taylor’s murder. To Breonna’s mother, Tamika Palmer: We won’t stop making them say her name. pic.twitter.com/C8xL9VQFXh

— Cori Bush (@CoriBush) March 13, 2021

Please feel free to share tributes to Breonna yourself, both on social media and in the comments.

Voting Rights Roundup: The House’s new voting rights bill now curtails gerrymandering right away

Programming Note: The Voting Rights Roundup will be taking a break the week of March 13 but will return the following week.

Leading Off

Congress: On Wednesday, House Democrats voted 220-210 to once again pass H.R. 1, the “For the People Act,” the most important set of voting and election reforms since the historic Voting Rights Act was adopted in 1965. It also includes a major modification to provisions that would curtail gerrymandering, ensuring that they'll take effect right away. All Democrats except Mississippi Rep. Bennie Thompson voted for the bill, while all Republicans voted against it.

H.R. 1 would implement transformative changes to federal elections by (1) removing barriers to expanding access to voting and securing the integrity of the vote; (2) establishing public financing in House elections to level the playing field; and (3) banning congressional gerrymandering by requiring that every state create a nonpartisan redistricting commission subject to nonpartisan redistricting criteria.

These reforms, which House Democrats previously passed in 2019, face a challenging path in the Senate given Democrats’ narrow majority and uncertainty over whether they can overcome a GOP filibuster, but their adoption is critical for preserving American democracy amid unprecedented attack by Republican extremists both in and outside Congress. Senate Democrats have announced that they plan to hold hearings on the bill on March 24, and Majority Leader Chuck Schumer has committed to holding an eventual floor vote.

Using Congress’ power to regulate Senate and House elections under the Elections Clause and enforce anti-discrimination laws under the 14th Amendment, the bill would:

  • Require states to establish nonpartisan redistricting commissions for congressional redistricting;
  • Establish nonpartisan redistricting criteria such as a partisan fairness provision that courts can enforce starting immediately no matter what institution draws the maps;
  • Establish automatic voter registration at an array of state agencies;
  • Establish same-day voter registration;
  • Allow online voter registration;
  • Allow 16- and 17-year-olds to pre-register so they'll be on the rolls when they turn 18;
  • Allow state colleges and universities to serve as registration agencies;
  • Ban states from purging eligible voters' registration simply for infrequent voting;
  • Establish two weeks of in-person early voting, including availability on Sundays and outside of normal business hours;
  • Standardize hours within states for opening and closing polling places on Election Day, with exceptions to let cities set longer hours in municipal races;
  • Require paper ballots filled by hand or machines that use them as official records and let voters verify their choices;
  • Grant funds to states to upgrade their election security infrastructure;
  • Provide prepaid postage on mail ballots;
  • Allow voters to turn in their mail ballot in person if they choose;
  • Allow voters to track their absentee mail ballots;
  • End prison gerrymandering by counting prisoners at their last address (rather than where they're incarcerated) for the purposes of redistricting;
  • End felony disenfranchisement for those on parole, probation, or post-sentence, and require such citizens to be supplied with registration forms and informed their voting rights have been restored;
  • Provide public financing for House campaigns in the form of matching small donations at a six-for-one rate;
  • Expand campaign finance disclosure requirements to mitigate Citizens United;
  • Ban corporations from spending for campaign purposes unless the corporation has established a process for determining the political will of its shareholders; and
  • Make it a crime to mislead voters with the intention of preventing them from voting.

Importantly, the bill that won approval on the full floor on Wednesday contained critical amendments strengthening its anti-gerrymandering provisions. While the original version would not have required states to use independent commissions and nonpartisan redistricting criteria until 2030, the revised bill would implement them right away. And even if states don't have enough time to set up new commissions ahead of the 2022 elections, they would still be banned from drawing maps that unduly favor a party, which a court could then enforce.​

Campaign Action

​Ending Republicans’ ability to gerrymander is of the utmost importance after Republicans won the power to redistrict two-to-three times as many congressional districts as Democrats after the 2020 elections. If congressional Democrats don’t act, Republican dominance in redistricting may practically guarantee that Republicans retake the House in 2022 even if Democrats once again win more votes, an outcome that could lead to congressional Republicans more seriously trying to overturn a Democratic victory in the 2024 Electoral College vote than they did in January, when two-thirds of the House caucus voted to overturn Biden's election.

If this bill becomes law, Republicans would lose that unfettered power to rig the House playing field to their advantage. Instead, reform proponents would gain the ability to challenge unfair maps in court over illegal partisan discrimination, and the bill would eventually require states to create independent redistricting commissions that would take the process out of the hands of self-interested legislators entirely.

Protecting the right to vote is just as paramount when Republican lawmakers across the country have introduced hundreds of bills to adopt new voting restrictions by furthering the lies Donald Trump told about the election that led directly to January's insurrection at the Capitol. With Republican legislatures likely to pass many of these bills into law—and the Supreme Court's conservative partisans poised to further undermine existing protections for voting rights—congressional action is an absolute must to protect the ability of voters to cast their ballots.

The most important remaining hurdle, however, is the legislative filibuster: The fate of these reforms will depend on Senate Democrats either abolishing or curtailing it. Progressive activists have relaunched a movement to eliminate the filibuster entirely, while some experts have suggested that Democrats could carve out an exception for voting rights legislation. Either way, Democrats will need to address the filibuster in some fashion, since Senate Republicans have made it clear they will not provide the support necessary to reach a 60-vote supermajority to pass H.R. 1 into law.

Redistricting

Minnesota: A group of Minnesota citizens, including a veteran redistricting expert and a former state supreme court justice, filed a lawsuit in state court seeking to prevent Minnesota's current congressional and legislative districts from being used next year if state lawmakers are unable to pass new districts by Feb. 15. That outcome is likely given that Democrats hold the state House and governorship while Republicans hold the state Senate. Similarly divided governments have led the courts to intervene to draw new maps in each of the last five decades.

New Mexico: A committee in New Mexico's Democratic-run state Senate has unanimously passed a bill that would establish a bipartisan advisory redistricting commission to handle redistricting for Congress, the state legislature, the state Public Regulation Commission, and the state Public Education Commission. Democratic state House Speaker Brian Egolf endorsed the proposal after previously opposing a competing reform measure that passed unanimously in state House committee in early February.

The Senate bill would create a commission with seven members, with four chosen by the leadership of both parties in each of the state's two legislative chambers, two unaffiliated members selected by the state Ethics Commission, and a final seventh member named by the Ethics Commission who would be a retired appellate judge and would serve as commission chair. No more than three commissioners could be members of the same party, and anyone who is or has served as an officeholder, candidate, or lobbyist (or whose close family members have) in the two years prior to redistricting could not participate.

Commissioners would devise three proposals for each type of office and hold public hearings to discuss them. Districts would have to be drawn according to the following criteria: equal population; legislative districts cannot split precincts; adherence to the federal Voting Rights Act and its protections of voters of color; compactness; preservation of communities of interest and local government jurisdictions; and preservation of the cores of existing districts. The criteria apparently do not prohibit mapmakers from considering partisanship or incumbency.

Once commissioners have come up with three different proposals for each office and held public hearings, they would submit the maps to the legislature for approval by lawmakers. The bill doesn't mention any prohibition on lawmakers amending the proposed districts, meaning this reform measure could nevertheless result in legislators adopting gerrymandered districts.

South Dakota: Last month, the League of Women Voters and other good-government organizations announced a plan to put a constitutional amendment on the ballot next year that would establish an independent redistricting commission. Supporters would need to file just under 34,000 signatures, roughly 10% of the total vote for governor in the most recent election, by this November in order to get onto the ballot.

Since South Dakota only has a single statewide congressional district, the proposal would only affect legislative redistricting. The measure would create a nine-member commission chosen by the state Board of Elections with no more than three members belonging to the same party, though the proposal is vague on the specifics of the selection process.

Mapmakers would have to adhere to several criteria, which prioritize compactness, followed by preserving communities of interest and keeping counties and cities undivided to the extent practicable. Commissioners would be barred from considering partisanship or incumbency. While Republican lawmakers would still have the opportunity to draw new districts for the 2022 elections even if the amendment passes, the commission would sweep into action immediately, crafting new maps in 2023 for the 2024 elections and then in years ending in "1" every 10 years afterward.

Voting Access Expansions

Congress: House members are set to introduce a bill with bipartisan support that would make Puerto Rico a state following a referendum last November in which voters backed statehood by a 52-48 margin. The bill's 48 sponsors in the House are mostly Democrats but also include around a dozen Republicans, several of whom are from Florida, which is home to a large Puerto Rican population. However, even if the House passes the bill, it will face a challenging path to overcoming a likely filibuster by Senate Republicans, as only Florida Sens. Marco Rubio and Rick Scott are reportedly supporting the bill on the GOP side.

Delaware: Democratic state Rep. Bryan Shupe has announced he plans to introduce a bill later this month that would end Delaware's unusual system that requires voters to register twice: once for state and federal elections and separately for local races. This system regularly leads to situations where voters who are registered in state elections try to vote in their local elections only to find out on Election Day that they can't vote. Democrats hold both legislative chambers and the governor's office in Delaware.

Idaho: Idaho's Republican-run state Senate has unanimously passed a bill to set up a standardized process for requiring local election officials to contact voters and give them a chance to fix any errors with their absentee ballots such as a voter signature supposedly not matching the one on file.

Maryland: Maryland's Democratic-run state House has passed a bill to create a semi-permanent list that will automatically mail absentee ballots in all future elections to voters who opt in. A handful of other states have similar systems, though this proposal differs in that voters who don't vote in two consecutive election cycles would be removed from the list and have to reapply.

Meanwhile, state House Democrats passed a bill with some bipartisan support to strengthen voting access on college campuses, military bases, retirement homes, and other "large residential communities." Sites like these would be able to request an in-person voting location, and colleges would be required to establish voter registration efforts on campus and give students an excused absence to vote if needed. The bill would also let military service members register online using their identification smart cards issued by the Defense Department.

New Mexico: New Mexico's Democratic-run state House has unanimously passed a bill that aims to protect Native American voting access in a variety of ways. Among other provisions, the bill requires that every reservation or other Native community have an in-person polling place, which fills an important gap since many Native communities lack reliable postal service for mail voting and also have a large proportion of residents who lack a driver's license or access to other transportation options.

New York: Following its recent passage in the state Senate, a bill has been approved in committee by Assembly Democrats that would automatically restore voting rights to everyone who is not currently incarcerated, which would permanently end the disenfranchisement of parolees. Currently, many parolees are only able to vote because Democratic Gov. Andrew Cuomo issued an executive order two years ago to restore the rights of people on parole who were convicted of certain crimes, meaning their right to vote could be rescinded by a future governor unless this bill passes.

New Jersey: New Jersey's Democratic-run Assembly has passed a bill with bipartisan support to create an in-person early voting period after their counterparts in the state Senate passed similar legislation last week. The Assembly's bill would adopt 10 days of early voting for general elections starting in November, five days for presidential primaries, and three days for all other primaries and any municipal elections taking place in May. The measure would require each of New Jersey's 21 counties to establish between five and 10 early voting locations.

Utah: Utah's GOP-run legislature has unanimously passed a bill creating a system where voters can track the status of their mail ballots via email or text message. Utah is one of a handful of states that mails ballots to all active registered voters by default.

Virginia: Both chambers of Virginia's Democratic-run legislature have passed a constitutional amendment that would abolish felony disenfranchisement for everyone who is not currently incarcerated. Currently, state law imposes a lifetime ban on voting by anyone convicted of a felony, but that system has been curtailed because Democratic Gov. Ralph Northam and his Democratic predecessor issued executive orders to automatically restore voting rights upon completion of any prison, parole, or probation sentences. Those orders, however, could be rescinded by any future Republican governor.

To become law, legislators would have to pass this same amendment again after the 2021 elections before it would have to win approval in a November 2022 voter referendum. A separate amendment that would have abolished felony disenfranchisement entirely, including for people currently in prison, failed to advance before a key deadline.

Voter Suppression

Supreme Court: On Tuesday, the U.S. Supreme Court heard a case over two Arizona voting restrictions that could deal a crippling blow to what remains of the Voting Rights Act after the high court's conservatives gutted a key part of the law in 2013. Observers widely agreed that the court's conservative majority was leaning toward upholding the Republican-backed voting restrictions, but it was unclear from oral arguments just how gravely the court could undermine the standards used to enforce the Voting Rights Act.

This case involves two Arizona laws that the 9th Circuit Court of Appeals found had both the effect and intent of discriminating against Black, Latino, and Native American voters. If both findings are overturned, it may become impossible to challenge similar laws in the future.

Last year, the 9th Circuit blocked both measures: one that bars counting votes cast in the wrong precinct but in the right county, and another that limits who can turn in another person's absentee mail ballot on a voter's behalf.

Arizona had largely transitioned to mail voting even before the pandemic, but the 9th Circuit observed that only 18% of Native American voters receive mail service, and many living on remote reservations lack reliable transportation options. That led some voters to ask others in their community to turn their completed ballots in, which Republicans have sought to deride as "ballot harvesting" in an attempt to delegitimize the practice. The invalidated law had limited who could handle another person's mail ballot to just close relatives, caregivers, or postal service workers.

The 9th Circuit's ruling also invalidated a separate provision prohibiting out-of-precinct voting, in which a voter shows up and casts a ballot at the wrong polling place but in the right county on Election Day. Under the invalidated law, voters in such circumstances could only cast a provisional ballot, which were automatically rejected if it was later confirmed that the voter had indeed showed up at the wrong polling place.

This decision relied on Section 2 of the Voting Rights Act, which prohibits laws that have a discriminatory effect against racial minorities regardless of whether there was an intent to discriminate. The finding of a discriminatory effect is critical because it's often much more difficult if not impossible to prove that lawmakers acted with illicit intent, whereas statistical analysis can more readily prove that a law has a disparate negative impact on protected racial groups.

Consequently, it's this so-called "effects test" that is the key remaining plank of the Voting Rights Act following the Supreme Court's notorious 2013 decision in Shelby County v. Holder. Some legal observers remained optimistic that the worst may not come to pass, since Arizona Republicans' oral arguments did not touch on the constitutionality of the VRA's effects test. However, others have noted that even if the effects test isn't formally struck down, the Supreme Court could make it so difficult to comply with the requirements to prove discrimination that the VRA would nevertheless become meaningless.

In one revealing exchange, conservative Justice Amy Coney Barrett asked Republican attorney Michael Carvin why the state GOP was even party to this case. Carvin responded with an admission that the 9th Circuit decision striking down the two voting restrictions "puts us at a competitive disadvantage relative to Democrats" because "every extra vote they get ... hurts us."

Arizona: Republicans in the Arizona Senate have passed a bill that could purge roughly 200,000 voters from the state's "permanent" mail voting list, which is supposed to automatically mail a ballot in all future elections to participating voters and has proven very popular since its implementation. The bill would remove anyone who doesn't vote in two consecutive election cycles, even if they still remain eligible to vote. Republicans only hold a two-seat majority in both the state House and Senate, so they would need every member on board to overcome Democratic opposition.

In the state House, meanwhile, Republicans have passed a bill that would require people and groups who register more than 25 voters in a given year to themselves register with the state, mandating that they put unique identifying numbers on every registration form they submit. Voter advocacy groups have condemned this bill and warn that it could lead to registration forms being rejected.

Alabama: Alabama House Republicans have passed a bill that would ban local election officials from establishing curbside voting or setting up voting machines outside of polling places, which would make it harder for people with disabilities and limited mobility to cast their ballots.

Arkansas: Republican Gov. Asa Hutchinson has signed a bill into law that makes Arkansas' voter ID law much stricter, making it one of the first of many Republican-backed voting restrictions under consideration nationwide to become law following the 2020 elections. The bill removes the option for voters who lack an ID to vote by signing a sworn statement under penalty of perjury, instead mandating an ID in order to have one's vote counted.

Georgia: On Monday, state House Republicans passed a far-reaching bill to enact several new voting restrictions that would:

  • Require that voters provide the number on their driver's license, state ID, or a photocopy of their ID when requesting an absentee ballot and a photocopy of their ID when returning an absentee ballot;
  • Limit weekend early voting;
  • Restrict absentee ballot drop boxes to only the inside of early voting locations or county election offices, making them unavailable outside of regular business hours;
  • Set a minimum of one drop box per 200,000 registered voters (other states such as California require one drop box per 15,000 voters);
  • Shorten the runoff period in federal elections from nine weeks to four weeks, with the apparent intent of giving campaigns less time to mobilize voters (instant runoffs would be used for overseas civilian and military voters to avoid running afoul of federal law mandating that their ballots be sent out 45 days before an election);
  • Ban state officials from mailing unsolicited absentee ballot request forms to all voters after Republican Secretary of State Brad Raffensperger did so in the 2020 primary;
  • Disqualify ballots that were cast in the wrong precinct but in the right county, which currently may be counted as provisional ballots;
  • Limit mobile early voting buses to only emergency situations;
  • Bar counties from receiving private funding to help administer elections; and
  • Block officials from distributing food and drinks to voters waiting in line to vote.

Meanwhile, in the state Senate, Republicans passed a bill in committee to end no-excuse absentee voting for voters under age 65, who typically lean more Democratic than older voters. Late last month, Republicans in the full Senate also passed a bill that would give the state the power to take over local election boards that supposedly fail to meet certain standards, which Democrats condemned as a way to let Republicans usurp control over election boards in Democratic-leaning counties.

Montana: State House Republicans have passed a bill over Democratic objections that would bar anyone who isn't a family or household member, caregiver, or an "acquaintance" who is a registered voter in the same county from turning in another person's ballot, thereby preventing voter advocacy groups or political campaigns from organizing ballot collection efforts.

A previous Republican-backed law imposing similar restrictions was blocked in court last year for discriminating against Native American voters, who often live on remote rural reservations where mail service and transportation access are limited. This latest bill may therefore also face difficulty surviving a likely lawsuit.

New Hampshire: New Hampshire's Republican-run state Senate has passed a bill along party lines to add a voter ID requirement for requesting and casting absentee ballots, sending it to the state House, which is also controlled by the GOP. New Hampshire is one of several states where Republicans are considering extending voter ID requirements to absentee ballots after Democrats disproportionately voted by mail in the 2020 elections.

Wyoming: State House Republicans have passed a bill establishing a voter ID requirement, sending it to the state Senate, where Republicans are also likely to pass it.

Ballot Measures

Idaho: Idaho's Republican-run state Senate has passed a bill that would make it all but impossible for progressive initiatives to get on the ballot by requiring proponents to submit voter signatures equivalent to 6% of registered voters in each of the state's 35 legislative districts instead of 18, the current requirement.

The bill, which would take effect immediately, would disproportionately impact progressives because left-leaning voters are heavily concentrated in a handful of denser urban districts. Liberal organizers would therefore have to canvas in rural districts where receptive voters are few and far between. Conservatives, by contrast, would have an easier time canvassing for signatures in cities because, even if right-leaning voters represent a relatively small proportion of voters, they live in closer proximity to one another.

Republicans in Idaho have advanced similar restrictions on initiatives in recent years as a reaction to successful efforts by progressives to expand Medicaid and increase public education funding at the ballot box during the last decade. Fearing a lawsuit, GOP Gov. Brad Little vetoed a similar bill in 2019 but the Senate passed this most recent bill with a veto-proof majority.

South Dakota: South Dakota's Republican-run legislature voted this week to put a constitutional amendment on the June 2022 primary ballot that would institute a 60% supermajority requirement for ballot initiatives that raise taxes or spend more than $10 million in public funds within a five-year period. The amendment would not, however, require a supermajority to cut taxes or spending. Democratic legislators blasted Republicans for trying to manipulate the election to their advantage by placing the amendment on the primary ballot instead of sending it before voters in the general election, noting that turnout in the 2020 primary was just one-third as high as it was last November.

Republicans have repeatedly tried to enact restrictions on ballot initiatives in recent years after voters approved an initiative in 2016 that would have placed strict limits on lobbying, created an independent ethics commission, and implemented a public campaign finance system that would have given each voter a voucher to donate to their preferred candidates.

In 2017, Republicans resorted to declaring an actual state of emergency to enable the legislature to immediately repeal the voter-approved ethics law and make it immune to a veto referendum, meaning supporters of the reform needed double the signatures to put a constitutional amendment on the ballot to restore the measure. Although they did just that in 2018, then-Republican Attorney General Marty Jackley gave the new amendment a ballot summary that said it would "likely be challenged on constitutional grounds," and voters rejected the second ethics commission amendment 55-45.

Electoral System Reform

Burlington, VT: Voters in Vermont's largest city of Burlington voted by 64-36 margin to approve a ballot measure that will adopt instant-runoff voting in City Council elections starting next year. This vote comes just over a decade after Burlington voters narrowly repealed instant-runoff voting for mayoral elections after it had been used to elect the mayor in 2006 and 2009. Before it can take effect, though, it must be approved by the Democratic-run legislature and Republican Gov. Phil Scott.

Senate Elections

Kentucky: Republican state senators have passed a bill that would require the governor to fill any future U.S. Senate vacancies with an appointee from the same party as the departing senator.

Currently, Kentucky's governor is Democrat Andy Beshear while both of its senators are Republicans, meaning this bill would prevent Beshear from replacing either McConnell or fellow Sen. Rand Paul with a Democrat if either were to leave office. Republicans easily hold enough seats to override a potential veto by Beshear. The bill would allow the party committee of the departing lawmaker to send a list of three names to the governor, who would be required to pick a replacement from that list.

Ever since Beshear's narrow 2019 win, Kentucky Republicans have advanced a series of moves to strip him of his executive power, and this proposal is part of the same partisan effort to constrain Beshear's authority. However, despite the GOP's self-interested motives, the proposed system is already used in many states for legislative vacancies and a handful of states for Senate vacancies and better ensures the will of voters is respected.

Morning Digest: Expected delay in census data release could wreak havoc with redistricting timelines

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

Leading Off

2020 Census, Redistricting: On Wednesday, the Census Bureau revealed that the state-level population data from the 2020 census that is needed to determine how many congressional seats and Electoral College votes each state receives is not expected to be released until April 30, four months after the original deadline. This delay is the result of pandemic-related disruption to census operations last year and Donald Trump's so far unsuccessful attempt to manipulate census data for his own partisan ends.

Additionally, the census also announced that the more granular population data needed for states to actually draw new districts won't be released until at least after July 30, which is also a delay of at least four months from the original March 31 deadline. Consequently, these delays will create major disruptions for the upcoming 2020 round of congressional and legislative redistricting.

New York University Law School's Brennan Center for Justice released an in-depth report in 2020 looking at which states have deadlines that are in conflict with a potentially delayed data release schedule and what the impact of a delay may be. The most directly affected states are New Jersey and Virginia, which are the only two states that are set to hold legislative elections statewide in 2021 and would normally redraw all of their legislative districts this year.

Campaign Action

However, New Jersey Democrats passed a constitutional amendment in 2020 that will require legislative redistricting be delayed until the 2023 state elections if the census doesn't provide the necessary data by Feb. 15, 2021, which is now virtually guaranteed. In Virginia, primary elections are currently planned for June 8, but if redistricting data isn't released until August, it would be practically impossible to conduct redistricting, hold delayed candidate filing, and hold a delayed primary with enough time before November, meaning that the current legislative districts drawn in 2011 would likely remain in place for November's elections.

The situation isn't much better for several other states that have constitutionally mandated redistricting deadlines set to kick in this summer before they could feasibly draw new districts if data isn't released until late summer. Every state constitution requires a lengthy process for amendments that includes a required voter referendum, passage in multiple years, or both, and it's thus too late to amend these constitutions to alter those deadlines this year, increasing the likelihood of litigation over failure to meet key deadlines.

One major state in particular that could be thrown into turmoil due to a delayed release of census data is Illinois, whose constitution sets a deadline of June 30 for passing new legislative districts following a census year. If legislators fail to adopt new districts by the June 30 deadline, legislators would cede control over legislative redistricting to a bipartisan backup commission where the tiebreaking member is chosen in a 50-50 game of chance between the two parties. Democrats currently hold the legislature and have been expected to have total control over redistricting, but if the process reverts to the backup commission, Republicans would have even odds of controlling legislative redistricting in this blue state.

However in the case of Illinois, the situation pivotally would depend on which year would be categorized as the census year. Normally, that would be a year ending in zero—i.e. 2020—but the Brennan Center details how Illinois leaves open the possibility for 2021 to instead be considered the census year, which would give lawmakers until June 30, 2022 to draw new legislative districts (congressional redistricting does not use the same timeline or process as legislative redistricting). It's unclear how such a determination of the census year is made, and litigation over it is a strong possibility.

Meanwhile, nearly every state has different procedures and timelines for congressional redistricting than they do for legislative redistricting, and the delayed release of census data will be less disruptive nationally at the congressional level than it may be for state legislatures.

Senate

FL-Sen: Oh, vom. Politico reports that former Democratic Rep. Alan Grayson is making calls about a possible challenge to Republican Sen. Marco Rubio, and when asked about it, Grayson's only response was, "Repeal Rubio. That's all I have to say." Anyone but Grayson—that's all we have to say.

KS-Sen: Former Secretary of State Mike Pompeo, who last month did not rule out a bid for governor next year, just accepted a position at a conservative think tank in D.C., which is not the kind of gig you usually take if you're planning to run for office in your home state. It's certainly not impossible, though—we've seen politicians do brief stints as Washington lobbyists before staging comebacks—so don't count Pompeo out just yet.

OH-Sen: Team Blue is hoping that Republican Sen. Rob Portman's surprise retirement will give them a better shot at prevailing in a state that has been trending the wrong way, and more Democrats are publicly and privately discussing running. One familiar name who told CNN he was considering the contest is Franklin County Recorder Danny O'Connor, who lost two close 2018 races in the conservative 12th Congressional District against Republican Troy Balderson.

State House Minority Leader Emilia Sykes, who would be the state's first Black senator, also said she was thinking about entering the Senate race. Sykes previously expressed interest last month in campaigning to succeed cabinet nominee Rep. Marcia Fudge, if there's a special election for the safely blue 11th District, and it's not clear if she's also considering running there.

Cleveland.com's Seth Richardson also relays that former state health director Amy Acton is considering running as a Democrat, though she hasn't said anything publicly. Acton attracted state and national attention during the opening months of the coronavirus crisis through her prominent place at Republican Gov. Mike DeWine's afternoon briefings, and Richardson writes that she impressed many through her "her frank discussion of the dangers of coronavirus and the need for mitigation." Acton, who was also the target of conservative attempts to undermine her, as well as antisemitic attacks, stepped down in June.

On the GOP side, 2018 nominee Jim Renacci said Tuesday he was interested in another Senate bid and would "be exploring my options to reenter public office over the next 60 days." Renacci, who previously served four terms in Congress, has spent the last several months talking about challenging DeWine for renomination in part over the governor's efforts to limit the spread of the pandemic. Republicans who remember his 53-47 loss to Democratic Sen. Sherrod Brown, though, probably won't want him as their standard bearer for either race.

State GOP chair Jane Timken also confirmed Wednesday that she was "seriously considering" a Senate run. Timken, who won her post in early 2017 by unseating an incumbent with the Trump campaign's support, is also part of a prominent donor family in state party politics.

Two other Republicans who had shown some interest in getting in, Lt. Gov. Jon Husted and former Rep. Pat Tiberi, each said Wednesday that they wouldn't enter the race. Several unnamed Republicans also suggested to Cleveland.com's Andrew Tobias that others could stay out should Rep. Jim Jordan, a key Trump sycophant, get in, including 2012 nominee Josh Mandel. However, some unnamed observers pointed out that Jordan has talked about running statewide but never done it, and they predict that 2022 will be no different.

VT-Sen: Democratic Sen. Patrick Leahy, who was hospitalized for a few hours on Tuesday after suffering what he described as muscle spasms, said on Wednesday that "of course" he'll continue to serve out the rest of his term but said he wouldn't make a decision about whether to seek a ninth term until the end of the year.

"You all know this, I never make up my mind until November or December the year before and I'm not going to now," said the 80-year-old Leahy. "Usually when we start skiing and snowshoeing then we talk about it." Leahy, who is currently the longest-serving member of the Senate, sounded ready to run again, saying "the latest polls show me winning easily."

Retirement Watch: With Ohio Sen. Rob Portman's surprise announcement on Monday making him the third GOP senator to retire so far in this young election cycle, Republicans are nervously waiting to see how many more of their brethren might also call it quits. Among those on the watch list:

AL-Sen: Richard Shelby is 86 and has been in office since 1987. After last year's elections, Shelby promised a decision by January, but now he tells Roll Call's Bridget Bowman that he won't say anything more until after Donald Trump's second impeachment trial, which will not begin until Feb. 8. When asked about his plans this week by CNN, Shelby would only say, "I'll let you know." Bowman says the senator "is not expected to run for reelection."

AR-Sen: John Boozman, 70, said a year ago that he’s planning to run for a third term, and he repeated that intention this week to CNN. However, the senator has experienced some health problems that required heart surgery in 2014 and again in 2017, and he hasn’t yet announced a re-election bid.

IA-Sen: 87-year-old Chuck Grassley, who was first elected in 1980, said in February of last year that he'd come to a decision eight to 12 months before Election Day 2022, though now he seems to have moved his timetable up. In new remarks, he says he'll make an announcement in "several months." If Grassley were to run and win again, he'd be 95 years old at the end of what would be his eighth term.

ID-Sen: Mike Crapo, 69, also told CNN he plans to run for a fifth term but likewise hasn’t actually kicked off a campaign. He was treated for prostate cancer in 2000 and 2005.

MO-Sen: A spokesperson for Roy Blunt, 71, said in November that the senator would seek a third term, but now he's sounding less definitive. Blunt told Roll Call's Bowman that he's "planning on reelection, but I haven't made a final statement on that yet." In separate remarks about his plans to Politico, Blunt said, "I really have not been thinking much about it to tell you the truth. ... I keep thinking there will be a little breathing space, so far it’s not happening."

SD-Sen: John Thune, whose 60 years of age put him just below the senatorial average of 63, would only tell CNN that he'll make an announcement about a fourth term "at some point in the future." Trump exhorted Republicans to primary Thune late last year after the senator said that efforts to overturn the Electoral College "would go down like a shot dog."

WI-Sen: Ron Johnson, 65, pledged prior to his last election in 2016 that he would only serve one more term if he won, but now he's contemplating going back on his word. However, he still hasn't made up his mind about whether to break his promise and run for a third term, saying, "I don't think I have to for a while."

CNN also notes that Kansas’ Jerry Moran and South Dakota’s John Hoeven have not launched re-election bids yet, but both are in their mid-60s—relatively young by Senate standards—and joined the Senate in 2011.

Governors

CA-Gov: Tech billionaire Chamath Palihapitiya has announced that he'll run to replace Democratic Gov. Gavin Newsom in the event a recall election moves forward, though he didn't specify which party banner, if any, he'd fly. Palihapitiya has given $1.3 million to Democratic candidates and causes over the last decade, along with one $5,000 donation to Ted Cruz in 2011.

MD-Gov: Unnamed advisers to Baltimore County Executive John Olszewski, who previously did not rule out a run for governor, say Olszewski is now considering a bid for the Democratic nomination. Another Democrat, Howard County Executive Calvin Ball, is also not ruling out the race, according to Maryland Matters. Meanwhile, 2018 Democratic nominee Ben Jealous, who last year said he had not "closed the door on running for governor again," is staying involved in Maryland politics by taking the helm of a new marijuana reform initiative.

SC-Gov: 2018 candidate John Warren recently refused to rule out a second GOP primary bid against incumbent Henry McMaster, and The State’s Maayan Schechter reports that he might not be the only Republican looking at this race.

Schechter writes that there’s “buzz” that state Senate Majority Leader Shane Massey could challenge the governor, and that he would not comment for her story. Massey has been a loud critic of McMaster’s response to the pandemic: Last month, Massey was one of several Republicans to prepare bills that would give legislators the final say over emergency orders.

Catherine Templeton, who also ran in 2018, said back in August that she was likely to run, though we haven’t heard anything from her since then. A runoff would take place if no one wins a majority in the first round of the primary, so McMaster couldn’t slip by with a plurality.

South Carolina has been a very tough state for Democrats especially in recent years, but a few local politicians have shown some interest in running. Former Rep. Joe Cunningham told Schechter he would consider his future "[o]ver the next few months.” Cunningham also expressed interest last year in seeking a rematch with Republican Nancy Mace, who narrowly unseated him in November, though redistricting could make that contest less attractive.

Columbia Mayor Steve Benjamin, who would be the state’s first Black governor, has also been mentioned as a prospective candidate for years, and he once again did not rule it out when asked. Benjamin and McMaster faced off in the open 2002 race for attorney general, a race McMaster won 55-44. Benjamin is up for re-election this year, and he hasn’t said if he’ll seek a fourth term.

State Sens. Marlon Kimpson and Mia McLeod also said they were thinking about a gubernatorial bid as did 2018 contender Marguerite Willis, an attorney who lost that year’s primary to James Smith 62-28. Schechter also lists former state Rep. Mandy Powers Norrell, who was Smith’s candidate for lieutenant governor, as considering, though there’s no quote from her.

VA-Gov: A second rich dude, former private equity executive Glenn Youngkin, has entered Virginia's Republican primary for governor, just days after another finance guy, Pete Snyder, did the same. Snyder, by the way, has already released a TV ad, which the National Journal says is backed by a $250,000 buy, complaining about the slow pace of reopening schools and calling himself a "disruptor." It's not clear who he's trying to reach with this sort of advertisement, though, given that the GOP nomination will be decided by, at most, just a few thousand delegates at the party's May 1 convention.

House

CA-21: Former Fresno City Councilman Chris Mathys, who was last seen taking a distant third in the GOP primary for New Mexico's 2nd Congressional District last year, has announced a challenge to Rep. David Valadao, one of the 10 House Republicans who voted to impeach Donald Trump earlier this month. Fresno isn't located in California's 21st Congressional District either, though it is closer than New Mexico.

CA-39: Democrat Jay Chen, a Navy Reserve officer and local community college trustee, has announced a bid against freshman Republican Rep. Young Kim. Chen previously ran for California's 39th Congressional District in 2012, losing 58-42 to Republican Rep. Ed Royce, though the area was considerably redder back then: That same year, Mitt Romney carried the district 51-47, while in 2020, Joe Biden won it 54-44.

Chen also briefly ran here in 2018 after Royce retired, but to help avoid a disaster in the top-two primary, he took one for the team and dropped out in order to reduce the number of Democratic candidates and, thereby, the chance that a fractured voted would allow two Republicans to advance to the general election.

PA-07: Republican Lisa Scheller, who lost to Democratic Rep. Susan Wild 52-48 last year in Pennsylvania's 7th Congressional District, has filed paperwork with the FEC in anticipation of another congressional bid, though it's not clear exactly where she might run. Redistricting is set to scramble Pennsylvania's map, and mindful of that, Scheller changed the name of her campaign committee from "Scheller for PA-07" to "Scheller for Congress, Inc." (no, we don't know why she thinks she's running a corporation). She's promised "a more formal announcement" about her plans over the summer.

PA-10: Politico reports that, according to an unnamed source, the DCCC is trying to recruit 2020 nominee Eugene DePasquale for another go at Republican Rep. Scott Perry in Pennsylvania's 10th District. DePasquale, whose press list has understandably been largely dormant since November, recently put out a statement calling on his former opponent to resign after the New York Times reported that he played a central role in trying to overturn last year's presidential election.

Perry, the Times said, introduced Donald Trump to a Justice Department attorney who proposed ousting acting Attorney General Jeffrey Rosen and directing the DOJ to pressure Georgia officials into altering their state's results. The congressman later confirmed the report. DePasquale wound up losing to Perry by a 53-47 margin last year but he insisted to Politico that the surge in Republican enthusiasm generated by Trump's presence on the ballot "will not be in play in 2022."

Legislatures

Special Elections: Here's a recap of Tuesday's special election in Iowa:

IA-SD-41: Republican Adrian Dickey defeated Democrat Mary Stewart 55-45 to hold this seat for the GOP. An unusual complicating factor arose on Election Day when a major snowstorm hit southeastern Iowa, and Democrats were reportedly leading in mail ballots heading into Tuesday. This was enough to make Dickey himself nervous about the final outcome, but the red tilt of this district was enough for him to prevail.

While Stewart did worse than in her first bid for this seat, a 52-48 loss to Mariannette Miller-Meeks in 2018, she was able to once again improve upon Hillary Clinton's 57-38 loss here in 2016.  

This chamber moves to a 32-18 advantage for Republicans with no other vacancies.

Mayors

Detroit, MI Mayor: Incumbent Mike Duggan got his first notable opponent for the August nonpartisan primary on Tuesday when Anthony Adams, who served as deputy mayor in former Mayor Kwame Kilpatrick's administration, launched his campaign.

Adams, who is also a former school board president, argued that “there is a dramatic need for mayoral change in the city of Detroit." Adams also played down his ties to Kilpatrick, who resigned in disgrace in 2008, saying, "I am my own man and I'm running on my own record." Kilpatrick, who was later sentenced to 28 years in prison for corruption, was in the news last week after Donald Trump commuted his punishment, a decision that Duggan praised.    

Meanwhile, school board member Sherry Gay-Dagnogo said this week that she planned to sit the contest out. The former state representative didn't quite rule out a bid, though, saying instead that she wouldn't run "[u]nless there is a massive cry for me to reconsider." The candidate filing deadline is April 20.

New York City, NY Mayor: Businessman and 2020 presidential candidate Andrew Yang has released a survey of the June Democratic primary from Slingshot Strategies that gives him a 25-17 lead over Brooklyn Borough President Eric Adams, with City Comptroller Scott Stringer in third with 12%, though a hefty 32% of respondents are initially undecided. The survey then simulates the instant runoff process and shows Yang defeating Adams 61-39 on the 11th and final round of voting. This poll, which was in the field Jan. 15-19 and sampled 800 people, is the first survey we've seen since Yang joined the race earlier this month.

Meanwhile, Marine veteran Zach Iscol announced this week that he was dropping out of the race and would instead run to succeed Stringer as controller. Around that same time, though, businesswoman Barbara Kavovit, who was a regular on the "Real Housewives of New York City," kicked off her own campaign for the Democratic mayoral nomination.

Seattle, WA Mayor: Colleen Echohawk, who leads the nonprofit Chief Seattle Club, announced Monday that she would run to succeed retiring Mayor Jenny Durkin this year. Echohawk, who is a member of both the Kithehaki Band of the Pawnee Nation and the Upper Athabascan people of Mentasta Lake, would be the first woman of color to lead Washington's largest city.

Echohawk has not run for office before, but she has been prominent in local government. In addition to serving on the Community Police Commission, she also founded the Coalition to End Urban Indigenous Homelessness and previously served on the Downtown Seattle Association's board.

Echohawk joins Lance Randall, the director of economic development of the nonprofit SEED, and architect Andrew Grant Houston in the August nonpartisan primary, though it remains to be seen if either of them have the connections to run a serious bid. The candidate filing deadline is in May.

Other Races

New York City, NY Comptroller: The City's Rachel Holliday Smith takes a look at the June Democratic primary to succeed Scott Stringer, who is running for mayor, as New York City comptroller, a post that has plenty of influence over the nation's largest city. Democrats have controlled this office since 1946, and Team Blue's nominee should have no trouble holding it.

First, though, Smith discusses what the comptroller actually does. Among other things, the office is responsible for reviewing contracts, auditing and overseeing city agencies, and "[e]nsuring transparency and accountability in setting prevailing wage and vigorously enforcing prevailing wage and living wage laws." The comptroller is also one of only a trio of citywide elected offices: The other is public advocate, where Democratic incumbent Jumaane Williams doesn't face any serious opposition for re-election this year.

What the comptroller's post hasn't been, though, is a good springboard to the mayor's office. The last person to successfully make the jump was Democrat Abe Beame, who was elected mayor in 1973 on his second try and lost renomination four years later. Since then four other comptrollers have unsuccessfully campaigned for the city's top job, a streak Stringer will try to break this year.

Six notable Democrats are competing in the June primary, which will be decided through instant runoff voting. The two with the most cash by far are City Councilman Brad Lander and state Sen. Brian Benjamin, who have both brought in enough to qualify for matching funds (a system we explain here).

Benjamin, though, earned some unwelcome headlines earlier this month when The City reported that multiple donors said that they had not actually contributed any money to his campaign, and some even volunteered that they had never even heard of Benjamin. One of his unwilling donors said that he didn't blame Benjamin for what happened and instead said the problem rested with his former employer. Benjamin's team soon announced that they would give the New York City Election Campaign Finance Fund $5,750, which represented 23 donations of $250 each.

Assemblyman David Weprin, who unsuccessfully ran to succeed the disgraced Anthony Weiner in the 2011 special election for what was numbered the 9th Congressional District at the time, and state Sen. Kevin Parker have also been campaigning for a while. Neither of them have the resources that Lander or Benjamin do at the moment, though they could receive a big boost if they qualify for matching funds: The New York Times reports that Weprin has likely brought in enough, though the campaign finance board needs to confirm this before it dispenses any public money.

Two other Democrats also joined the race this week. Marine veteran Zach Iscol, a moderate who is close to Hillary Clinton, abandoned his mayoral bid to run here. Iscol will be able to transfer the cash he raised for his previous campaign to his new race, which could matter quite a bit: While he fell about $20,000 short of the minimum needed to qualify for public money for mayor, the Times reports that he's likely already hit the lower threshold needed for the comptroller contest.

The other new contender is Michelle Caruso-Cabrera, a former CNBC anchor who challenged Rep. Alexandria Ocasio-Cortez in last year's Democratic primary. Caruso-Cabrera, who ran well to the congresswoman's right, raised millions from AOC haters nationwide and self-funded over $1 million, but she lost by a lopsided 74-18 margin.

Data

Pres-by-CD: Our project to calculate the 2020 presidential results for all 435 congressional districts nationwide hits Kentucky. You can find our detailed calculations here, a large-size map of the results here, and our permanent, bookmarkable link for all 435 districts here.

Donald Trump won the Bluegrass State 62-36, which was pretty similar to his 63-33 performance in 2016, and he once again carried five of Kentucky's six congressional districts. The one exception was, as before, Rep. John Yarmuth's 3rd District in Louisville, which is also the only Democratic-held seat in the commonwealth: Joe Biden took the seat 60-38, compared to 55-40 for Hillary Clinton four years earlier, a shift due in part to the decline in third-party voting.

The closest constituency was again the 6th District in the Lexington area, where Trump's margin shrunk a bit from 55-39 in 2016 to 54-44 in 2020. Republican Rep. Andy Barr won re-election in 2018 by beating Democrat Amy McGrath just 51-48 in a very expensive race, but Barr had a much easier time last year and prevailed 57-41.

Trump took at least 65% of the vote in the remaining four GOP-held seats. His strongest performance in the state was his 80-19 romp in veteran Rep. Hal Rogers' 5th District in rural eastern Kentucky, which makes this the Trumpiest of the 345 seats we've released numbers for so far. (The seat that got displaced for that title, though only just, was Texas' 13th District, which backed the top of the ticket 79-19.) Believe it or not, though, Trump's 2016 margin in this coal country constituency was slightly larger at 80-17.

The 83-year-old Rogers has decisively won re-election 20 times, but this area was extremely divided when he was first elected in 1980. The current version of the 5th District contains several ancestrally Democratic areas that favored Team Blue even in tough years, including Elliott County, which famously never supported a Republican presidential nominee from the time of its formation in 1869 through 2012—the longest streak of Democratic support in any county in the country. Those days are long gone, however, as Trump carried Elliott County with 70% in 2016 and 75% last year.

The 5th is also home to areas that were deep red even when Democrats were the dominant party statewide, as they were at the time Rogers was first elected. This includes Jackson and Leslie Counties, which have not once backed a Democrat for president since they were created in the 19th century. They're not likely to start anytime soon, either, as Trump won close to 90% in both.

Kentucky Democrats, thanks in large part to their downballot dominance in parts of the eastern part of the state, ran the state House nonstop from the early 1920s through the 2016 elections, which always gave them at least a seat at the table for redistricting. The GOP took firm control of the legislature for the first time ever when Trump first won the state, though, and they have more than enough votes to override any possible veto by Democratic Gov. Andy Beshear and pass their own maps for the first time.

Jurors want Attorney General Daniel Cameron impeached for shameless lies in Breonna Taylor case

Three grand jurors in the Breonna Taylor case have had enough of Kentucky Attorney General Daniel Cameron’s lies and manipulation, and on Friday they decided to do something about it. They filed a petition with the Kentucky House of Representatives calling for Cameron's impeachment after he failed to even mention a homicide charge in his presentation to the jury last September, according to the Louisville Courier-Journal

Taylor, a 26-year-old emergency medical technician, died on March 13 after officers smashed through her door while she was sleeping and fired 32 times into her apartment, hitting her six times. But Cameron only presented to the jury three wanton endangerment charges, regarding shots fired into a neighboring apartment. Kevin Glogower, the lawyer representing the three grand jurors, said in the petition: “The Grand Jurors did not choose this battle. This battle chose them."

Glogower told the Courier-Journal that the jurors were “randomly selected” and “terribly misused by the most powerful law enforcement official in Kentucky,” adding that “Mr. Cameron continues to blatantly disregard the truth.”

Officers have said they were responding to a shot fired by Taylor's boyfriend Kenneth Walker, who has maintained that he thought intruders were breaking into his girlfriend's home instead of police. Officers used a no-knock drug warrant for Taylor’s ex-boyfriend Jamarcus Glover to justify their presence in Taylor’s home, but Glover didn’t live at Taylor’s house and was already in police custody at the time of the shooting. Det. Joshua Jaynes, who secured the drug warrant, and Det. Myles Cosgrove, who fired the shot the FBI determined killed Taylor, were officially fired this month for their roles in the deadly shooting, the Louisville Metro Police Department confirmed to media on Jan. 6.

Brett Hankison, who is accused of blindly firing 10 shots into Taylor’s home during the raid, was also fired, but Sgt. Jonathan Mattingly, who shot Taylor five times, was only reassigned to administrative work. Mattingly was injured in the incident when Walker shot the cop, Cameron said during a news conference on Sept. 23.

Cameron used the press event to allege that the grand jury “agreed” that Mattingly and Cosgrove were “justified in their return of deadly fire after having been fired upon by Kenneth Walker.” While dodging a question about whether homicide charges were presented to the jury, the prosecutor instead claimed that his office presented “all the information” and jurors “were walked through all the homicide offenses.”

Jurors maintain that simply is not true. “Neither Cameron nor anyone from his office mentioned any homicide offense to the grand jury,” they said in their petition, obtained by the Courier-Journal. “Not only were no homicide offenses presented as alleged, no charges of any kind were presented to the Grand Jury other than the three wanton endangerment charges against Detective Hankinson."

RELATED: In bombshell interview, grand jurors in Breonna Taylor case call out Kentucky AG’s lies

RELATED: Six months after killing Breonna Taylor, Kentucky grand jury indicts 1 officer for 'endangerment'

RELATED: NYTimes video reconstructs Breonna Taylor's murder

Morning Digest: In primary delayed by chaos, Puerto Rico’s pro-statehood party dumps governor

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

Leading Off

PR-Gov: Puerto Rico's gubernatorial primaries finally came to an end on Sunday, and former Resident Commissioner Pedro Pierluisi ousted Gov. Wanda Vázquez 58-42 to win the nomination of the pro-statehood New Progressive Party. Vázquez did not endorse Pierluisi, declaring instead, "I say to Pedro Pierluisi, that it is the thousands and thousands of people who supported me, and gave me their vote ... it is those people whose endorsement he should be seeking." Pierluisi, for his part, said that statehood would be one of his top goals if elected.

Meanwhile, Isabela Mayor Carlos Delgado decisively won the contest to lead the pro-commonwealth Popular Democratic Party by defeating Puerto Rico Sen. Eduardo Bhatia 63-24. Pierluisi and Delgado will face off in the November general election for a four-year term along with Alexandra Lúgaro of the Citizens' Victory Movement, a party that NPR describes as "promoting anti-colonialism and a constitutional assembly to make a final decision on Puerto Rico's political relationship with the United States."

Campaign Action

The primary was originally set for June, but Vázquez signed legislation postponing it to Aug. 9 because of the coronavirus pandemic. However, ballots arrived late, or did not arrive at all, at a majority of voting centers that day, and the commonwealth's major political parties postponed voting a week. On Thursday, the Puerto Rico Supreme Court ruled that voting would take place on Sunday in any precinct that was not open for the legally required eight hours last week.

The second round of voting mostly proceeded as planned, but not everyone who wanted to vote ended up being able to cast a ballot. Many people left closed polling places on Aug. 9 only to eventually learn that their precinct had opened later in the day for the prescribed eight hours, but that it was now too late for them to vote.

Pierluisi, who represented Puerto Rico in the U.S. House as a non-voting member from 2009 to 2017, briefly served as governor last year under some very unusual circumstances. Gov. Ricardo Rosselló, who had narrowly defeated Pierluisi in the 2016 primary, was badly damaged after a series of online chats between the governor and his allies leaked in which participants lobbed violent, misogynist, and homophobic insults at their enemies and joked about Puerto Ricans who died during Hurricane Maria. Mass protests soon broke out calling for Rosselló to quit, and the legislature began laying the groundwork to impeach him.

After two weeks of protests, Rosselló announced on July 24 that he would resign nine days hence, but it was unclear who would succeed him. Normally the commonwealth's secretary of state would take over, but Luis Rivera Marin had previously resigned from that very post because of his own role in the chat scandal. Vázquez, who was justice minister, was next in the line of succession, but she said on July 28―less than a week before Rosselló's Aug. 2 departure―that she hoped that Rosselló would pick a new secretary of state, and that this new person would be governor instead of her.

Rosselló tried to do just that, and he announced on July 31 that he was appointing his old rival Pierluisi. However, the commonwealth's constitution requires the secretary of state to be confirmed by both Puerto Rico's House and Senate, but Pierluisi was sworn into that job that very evening before any legislators had a chance to vote.

The House gave Pierluisi an affirmative vote on Aug. 2 about an hour before Rosselló's departure took effect, but the Senate postponed their own hearings until the following week. However, that didn't stop Pierluisi from being sworn in as governor right after Rosselló left office. Pierluisi cited a 2005 law that said that the secretary of state didn't need to have received legislative confirmation from both chambers if they need to take over as governor to make his case that he was indeed Puerto Rico's legitimate leader.

However, the Supreme Court of Puerto Rico ruled that this provision was unconstitutional days later in the decision that ousted Pierluisi from the governor's office and put Vázquez in charge. While Vázquez said she hadn't wanted to be governor, she soon quashed speculation that she would only stay long enough to appoint a new secretary of state who would then take over as the commonwealth's leader, and she announced in December that she'd seek a full term.

Pierluisi argued during his campaign that Vázquez wasn't fixing mistakes made by her administration during the coronavirus pandemic. Last month, the special independent prosecutor's office announced that it had launched a criminal investigation into allegations that Vázquez and her administration had mismanaged emergency supplies after Puerto Rico was struck by earthquakes in January.

Primary Preview

Primary Night: The One Where Ross Tries Not To Get Fired: Primaries are concluding on Tuesday in Alaska, Florida, and Wyoming for congressional and state offices, and as always, we've put together our preview of what to watch.

We'll be keeping a close eye on the GOP primary for Florida's 15th District, where freshman Republican Rep. Ross Spano, who is under federal investigation for allegedly violating campaign finance laws during his successful 2018 bid, faces a serious intra-party threat from Lakeland City Commissioner Scott Franklin. We'll also be watching the GOP primaries for the open 3rd and 19th Districts, as well as the contest to face Democratic Rep. Charlie Crist in the 13th District.

And the action isn't confined to the Lower 48. In Alaska, national Republicans are spending to deny renomination to members of the Democratic-led cross-partisan coalition that runs the state House. Check out our preview for more on these contests.

Our live coverage will begin at 7 PM ET Tuesday night at Daily Kos Elections when the polls close in most of Florida. You can also follow us on Twitter for blow-by-blow updates. And you'll want to bookmark our primary calendar, which includes the dates of the cycle's remaining down-ballot primaries, as well as our separate calendar tracking key contests further down the ballot taking place nationwide this year.

Senate

CO-Sen: Republican Sen. Cory Gardner, who has long had a dismal record on climate issues, is continuing to pitch himself as a supporter of the environment in his advertising campaign. Gardner's newest commercial features two conservationists praising him for securing "permanent funding for the Land and Water Conservation Fund."

GA-Sen-A, IA-Sen, MT-Sen: The Democratic group Duty and Honor is out with ads against three Republican incumbents:  Georgia's David Perdue, Iowa's Joni Ernst, and Montana's Steve Daines.

While Perdue has been running spots claiming he wants to cover pre-existing conditions, Duty and Honor takes him to task for trying to take those protections away. The Iowa commercial, meanwhile, goes after Ernst for "calling for Iowa schools to reopen, trying to score political points instead of prioritizing our kids' health and safety."

Finally, the Montana ad argues that Daines voted to give drug companies huge tax breaks when they're causing the opioid crisis and "raised their prices so high that nearly two-in-five Montanans can't afford their prescriptions."

GA-Sen-B: Sen. Kelly Loeffler uses her newest commercial to accuse Rep. Doug Collins, a fellow Republican, of working with Democrats to undermine her. The narrator begins, "The Trump Justice Department says Kelly Loeffler did nothing wrong," a reference to how the DOJ dropped its investigation into her sale of millions in stock just before the markets tanked due to the coronavirus pandemic.

The ad then goes on to say that Collins "voted with Stacey Abrams in the legislature and Nancy Pelosi in Congress," though it doesn't actually mention anything that Collins saw eye-to-eye with either Democrat on. The spot later features a clip of Donald Trump praising Loeffler for being "so supportive of me and the agenda." Trump hasn't taken sides in the November all-party primary, and he's also talked up Collins.

IA-Sen: The conservative group One Nation's newest commercial declares, "As an assault survivor and military veteran herself, Sen. Joni Ernst is standing up to sexual assault in the military." It goes on to show a clip of Ernst saying, "Abuse is not something you can simply forget."

NC-Sen, NC-Gov: East Carolina University has released a new survey of its home state:

  • NC-Sen: Cal Cunningham (D): 44, Thom Tillis (R-inc): 40 (June: 41-41 tie)
  • NC-Gov: Roy Cooper (D-inc): 52, Dan Forest (R): 38 (June: 49-38 Cooper)

The sample finds a 47-47 tie in the presidential race, which is a very small shift from Joe Biden's 45-44 edge in June.

TX-Sen: YouGov has released a new survey for the Texas Hispanic Policy Foundation and Rice University that finds Republican Sen. John Cornyn leading Democrat MJ Hegar 44-37, while Donald Trump holds a 48-41 edge in Texas. YouGov's July survey for CBS, which was taken just before Hegar won the Democratic primary runoff, had Cornyn up by a similar 44-36 margin, though Trump was ahead only 45-44.

WY-Sen: Last week, Donald Trump backed former Rep. Cynthia Lummis in Tuesday's GOP primary for this open seat. The former congresswoman has a few intra-party opponents in the contest to succeed retiring Sen. Mike Enzi in this extremely red state, but none of them appear to be very strong.

Lummis' most notable foe is Converse County Commissioner Robert Short, a self-described "centrist Republican." Lummis outspent Short, who has self-funded almost his entire campaign, $725,000 to $255,000 from July 1 to July 29, which is the time the FEC defines as the pre-primary period.

Gubernatorial

MO-Gov: The Republican firm Remington Research's newest poll for the Missouri Scout newsletter finds Republican incumbent Mike Parson leading Democrat Nichole Galloway 50-43, which is a small shift from Parson's 50-41 edge in June. The release did not include presidential numbers.

VT-Gov: Attorney John Klar announced Friday that he was endorsing Republican Gov. Phil Scott, who defeated him 73-22 in last week's primary, and would not run as a conservative independent in the general election.

House

MA-01: Holyoke Mayor Alex Morse has released a new survey from Beacon Research that finds Rep. Richie Neal, his opponent in the Sept. 1 Democratic primary, ahead by just a 46-41 margin. The poll was conducted over the weekend, after Morse accepted an apology from the Massachusetts College Democrats for the harm that followed the release of the organization's letter accusing Morse of inappropriate conduct toward students.

Meanwhile, the Justice Democrats, which said late last week that it was resuming its support for Morse, is spending another $150,000 on TV ads attacking Neal. Their newest spot says that "last year, Neal took more money from corporations than any other member of Congress—almost $2 million" while at the same time he "hasn't held a town hall in years."

MA-04: Former Alliance for Business Leadership head Jesse Mermell is airing her first TV spot ahead of the Sept. 1 Democratic primary. Mermell, who appears to be recording the ad using her smartphone, says that voters struggling to pick between the many candidates could opt for "the one who protected abortion and birth control coverage at Planned Parenthood."

To underscore just how crowded the race is, the audience sees several other copies of Mermell gradually appear in the shot to talk about her support for Medicare for all and the Green New Deal and her endorsements from "[Rep.] Ayanna Pressley, [state Attorney General] Maura Healey, Planned Parenthood, Mass Teachers, Mass Nurses, SEIU." Mermell, who by this time has three other images of herself behind her, concludes, "We approve this message because you got some good options, but one clear choice."

Meanwhile, businessman Chris Zannetos is trying to distinguish himself from his rivals by running to the center. In his new commercial, the narrator touts Zannetos as the one candidate opposed to "eliminat[ing] private health insurance." Zannetos goes on to say he backs Joe Biden's plan and says, "Let's expand Obamacare and lower the cost of prescription drugs."

MO-02: House Majority PAC has released a survey from the Democratic firm Public Policy Polling that shows Democrat Jill Schupp leading Republican Rep. Ann Wagner 48-45. The sample also finds Joe Biden ahead 48-46 in a suburban St. Louis seat that supported Donald Trump 53-42 but has been moving to the left in recent years. This is the first survey we've seen here since February, when the GOP firm Remington Research's poll for the Missouri Scout newsletter had Wagner up 50-40.

NH-01: On Monday, former state GOP vice chair Matt Mayberry earned an endorsement in the Sept. 8 Republican primary from former Sen. John Sununu, who represented a previous version of this seat before he was elected to his one term in the Senate in 2002.

Mayberry faces a challenging battle against former White House aide Matt Mowers, who has Donald Trump's backing, for the right to take on freshman Democratic Rep. Chris Pappas in this swing seat. Mowers ended June with a wide $440,000 to $73,000 cash-on-hand lead over his intra-party rival, while Pappas had a far-larger $1.5 million campaign account.

NJ-07: In his opening commercial, freshman Democratic Rep. Tom Malinowski decries, "Some people just want to divide us, even over wearing a mask. It's exhausting." Malinowski goes on to call for "getting things done" instead, and continues, "I passed a bill to fix America's stockpile of critical medical equipment."

Other Races

Broward County, FL State's Attorney: Eight Democrats are competing in Tuesday's primary to succeed Mike Satz, who is retiring after 44 years as Broward County's top prosecutor, and most of the outside money has favored one candidate.

George Soros, the billionaire progressive donor who has poured millions into backing criminal justice reformers in many recent key races around the country in recent years, has been funding a group called the Florida Justice & Public Safety PAC that has raised $750,000 to support defense attorney Joe Kimok. Kimok, who had planned to challenge Satz before the incumbent decided not to seek re-election, is the one candidate who has pledged not to seek the death penalty if elected.

Rafael Olmeda of the South Florida Sun-Sentinel reports that a group known as Victims Have Rights has raised a considerably smaller $110,000 to help veteran prosecutor Sarahnell Murphy, who has Satz's endorsement. The PAC has run mailers against Kimok and another contender, Coconut Creek City Commissioner Joshua Rydell.

Orange/Osceola Counties, FL State's Attorney: State Attorney Aramis Ayala is retiring as state's attorney for the Ninth Circuit, which covers both Orlando's Orange County and neighboring Osceola County, and four fellow Democrats are competing in Tuesday's party primary to succeed her. No Republicans are running in the November election, and the winner will be the heavy favorite to defeat independent Jose Torroella.

The Appeal's Samantha Schuyler writes that the one candidate who has pledged to keep Ayala's criminal justice reforms in place is former defense attorney Monique Worrell, and she's getting some major late support from like-minded allies.

The Orlando Sentinel reports that Our Vote Our Voice, a group funded in part by a group founded by billionaire philanthropist George Soros, launched a $1.5 million ad campaign in the last two weeks in the contest to help Worrell. Some of the group's commercials have gone towards promoting Worrell while others have gone after attorney Belvin Perry, who served as the judge during the high-profile Casey Anthony murder trial that took place here in 2011.

The other two Democratic candidates are Deb Barra, who serves as chief assistant state attorney, and former prosecutor Ryan Williams. Ayala initially backed Barra, but the incumbent later threw her support to Worrell after she launched her own campaign.

Barra, Perry, and Williams are all arguing that Ayala's decision never to seek the death penalty has harmed the office; Williams even resigned in 2017 over this policy. This trio has pointed to Ayala's struggles against the GOP-led state government to make their case. After Ayala announced that her office would not seek the death penalty, then-Gov. Rick Scott transferred 23 first-degree murder cases to a considerably more conservative state's attorney in another jurisdiction. The Florida Supreme Court sided with Scott after Ayala sued over this, and Gov. Ron DeSantis has continued to remove first-degree murder cases from her jurisdiction.

Worrell herself has said of the Republican governors' actions, "It put me on notice that the rules of the game have changed significantly … And those opposed [to criminal justice reform] will use any means necessary." However, Schuyler writes that even Worrell "is running on a platform that is significantly less assertive than Ayala's and has backed away from Ayala's death penalty position."

Election Changes

 Indiana: Republicans on the Indiana Election Commission have blocked a proposal by Democrats that would have allowed all voters to request an absentee ballot for the November general election without needing an excuse. The measure failed after the bipartisan panel deadlocked, with both Republican members voting against the plan and both Democrats voting for it. The Commission had unanimously waived the excuse requirement for the state's June primary.

Voting rights advocates filed a federal lawsuit challenging the requirement in late April, and briefing on their request concluded at the end of last month, so a ruling may be imminent.

 Kentucky: Democratic Gov. Andy Beshear and Republican Secretary of State Michael Adams have reached an agreement that will permit Kentucky voters to cite concerns about the coronavirus to request an absentee ballot for the November general election.

Beshear had wanted to waive the excuse requirement altogether, as the state had done for its June primary. However, a law passed earlier this year by Kentucky's Republican-run legislature required the governor to obtain approval for such a change from Adams, who had resisted a wider expansion of mail voting. The difference may nonetheless be minimal, as many other states have relaxed their own excuse requirements by allowing concerns about COVID to qualify and seen a surge in mail ballots.

 Louisiana: Republican Secretary of State Kyle Ardoin has proposed a plan to Louisiana's Republican-run legislature that would keep in place the state's requirement that voters present an excuse to request an absentee ballot and would expand eligibility only to those who have tested positive for COVID-19. Earlier this year, lawmakers approved a plan put forth by Ardoin that offered a limited expansion of absentee voting for the state's July primary for those at heightened risk from the coronavirus after Republicans rejected a broader proposal.

Legislators are slated to take up Ardoin's latest plan this week, and Democratic Gov. John Bel Edwards says he is reviewing it. Before it was released, Edwards said he hoped it "would look substantially similar to the one" put in place for the primaries. However, that earlier plan did not require the governor's approval, nor does the new one. Voting rights advocates, including the NAACP, filed a suit challenging Louisiana's excuse requirement in federal court earlier this month.

 New York: Democratic Gov. Andrew Cuomo says he will sign a measure passed by New York's Democratic-run legislature to allow all voters to cite concerns about the coronavirus in order to request an absentee ballot. Cuomo had signed an executive order earlier this year making the same allowance ahead of the state's June primary.

Last month, lawmakers passed several other bills to improve voting access, which the governor must sign or veto soon. Another measure that would allow county election officials to deploy ballot drop boxes has yet to come up for a vote, but Cuomo says he supports the idea.

grab bag

 Deaths: Former Illinois Gov. James Thompson, a moderate Republican whose tenure from 1977 to 1991 was the longest in state history, died Friday at the age of 84. We take a look at his lengthy and eventful career in our obituary, which features appearances by Spiro Agnew, Lyndon LaRouche, the founder of Weight Watchers, and Lenny Bruce.

Thompson successfully won four terms as governor, but his last two campaigns were quite eventful. In 1982, Thompson defeated former Democratic Sen. Adlai Stevenson III by just over 5,000 votes in a contest that wasn’t resolved until days before he was inaugurated for a third term.

Thompson and Stevenson faced off again four years later in a rematch that became infamous for reasons that had nothing to do with either man. While Stevenson easily earned the nomination, a candidate affiliated with the fringe political activist Lyndon LaRouche won the primary to become his running mate. Stevenson opted to run as an independent rather than “run on a ticket with candidates who espouse the hate-filled folly of Lyndon LaRouche.” You can find out more about this campaign, as well as the rest of Thompson’s career, in our obituary.

Ad Roundup

Trump is doing everything possible to make safe red-state Senate seats competitive

Senate Democrats are looking like winners in Arizona, Colorado, Maine, and North Carolina. Their leads are so large at this point that it’s hard to see, absent scandal, how they won’t win. Democrats are also looking good in the next tier of races, tied or leading in Iowa, both Georgia seats, and Montana. Kansas and Texas are in the third tier, which is lean or likely Republican, but within the realm of possibility. 

And then there are the fourth-tier races—those that are “likely or safe Republican.” While some early polling looks encouraging, it would be really tough for Democrats to pick up absent a massive Democratic wave. And here, I’m mostly talking about challenges in Kentucky and South Carolina, and our incumbent senator in Alabama. And yet, Trump’s national polling collapse threatens Republican holds on these seats even if they remain safely red in the presidential race. 

Alabama has been considered a lost cause almost from the moment that Democratic incumbent Doug Jones won the seat in a 2017 special election 50-48.3—a margin of just 22,000 votes—against a child predator, someone who even admitted approaching teenage girls while he was in his 30s. It has seemed inconceivable that Democrats would ever hold that seat during a presidential year in a state that gave Trump a 61-34 victory in 2016. 

And certainly Civiqs’ daily tracker of Trump’s job approvals in Alabama shows his job approval rating hovering in the 60-40 range for the last three years. But look what suddenly happened: 

That’s a fall from +20 net approvals during impeachment to single digits +9 today, or a net 11-point drop. That outpaces the drops we’ve seen nationally (around a net 5-point drop). 

The drop is even bigger in Kentucky, the third most pro-Trump state after Wyoming and West Virginia. 

That’s a drop from his high-water mark of around +25 net approvals (60-35) to +13 today (54-41), or a net 12-point drop.

The last of these three tough fourth-tier Senate states is South Carolina:

The drop here is actually in line with national results: a 5-point drop from +8 net approvals to +3 (50-47). 

Now, Trump will win all three of these states. And he’ll win them all easily. That’s not the point here. 

The point is that for Democrats to have any chance, they’ll need ticket splitters or voters who don’t fill the ballot past the presidential contest. The stronger the pro-Trump vote is, the tougher that task becomes.

In 2008, incumbent Republican Sen. Mitch McConnell of Kentucky, who is the current Republican leader in the Senate, won his election race 53-47. That same year, on the same ballot, John McCain defeated Barack Obama 57-41. McConnell ran 10 points behind the top of the ticket. 

So yeah, if Trump wins Kentucky along the same lines as his 63-33 victory in 2016, then the Democrats won’t defeat McConnell, period. But as we’ve seen in recent polling, Trump’s share of the Biden versus Trump vote is closely correlated to his personal ratings. If Trump’s popularity continues to falter in the state (and the pandemic and job losses aren’t going anywhere any time soon), that presidential race could tighten, and that hill Democrats must climb gets easier and easier. Same goes for Alabama, South Carolina, and pretty much every single other state. 

Can Democrats win these three states? If the election were today, they wouldn’t. But given Trump’s inability to show anything akin to leadership in these critical times, the more he falls, the better our chances. 

You want to chip in and help? It wouldn’t be a bad idea, so here you go!

Democrats will win the Senate (only question is by how much)

No one should count their chickens before they hatch. This is not what I’m doing. What I’m saying is that if we keep doing what we’re doing, and that guy cowering in the bunker in the White House keeps doing what he’s doing, and Senate Republicans keep carrying water for the guy in the bunker … then yeah, Democrats will pick up the Senate. And I’m not going out on a limb in saying so. 

The big picture: Republicans currently hold a 53-47 majority in the Senate. Trump is going to lose. Therefore, Democrats need to pick up a net three seats to get to 50 seats, with the vice presidential tiebreaker putting the chamber in Democratic hands. 

We are probably going to lose the Senate seat in Alabama. That was a temporary gift won in a special election against a child molester. And we still barely won. In a normal year, against a normal Republican, with Donald Trump at the top of the ticket? If Democratic Sen. Doug Jones wins reelection, we’ve got a 60-seat majority landslide. So we assume he loses. 

The Daily Kos Elections crew just moved Arizona into “lean Democratic,” but that is probably still too kind.  

McSally (R) Kelly (D) Fox News (5/30-6/2) Highground (5/18-5/22) OH Predictive Insights (5/9-11)
37 50
41 51
38 51

Appointed Republican Sen. Martha McSally already lost in 2018, and the whole state of Arizona seems to be moving strongly against Republicans. In that Fox News poll, Democratic presumptive nominee Joe Biden is leading 46-42. 

In Colorado, no one is pretending that Republican Sen. Cory Gardner has any chance. Even he realizes it—he spent his impeachment time aggressively defending Trump in a state in which Trump will lose by double digits. And so will Gardner. Two polls in early March had former Democratic Gov. John Hickenlooper leading by 17 and 18 points. No one has wasted time polling there ever since. 

Maine Republican Sen. Susan Collins saw her “moderate” veneer shorn off after voting both to acquit Trump in his impeachment trial, and voting to confirm Brett Kavanaugh to the Supreme Court. A poll last month had Democratic candidate Sarah Gideon with a 51-42 lead. The race has been underpolled, but Collins ranks amongst the most unpopular senators in the country in a state that will solidly go blue this fall. She can’t count on ticket splitters anymore. 

And in North Carolina, incumbent Sen. Thom Tillis is looking weak, weak, weak:

Tillis (R) Cunningham (D) PPP (6/2-3) Meeting Street Insights (5/9-13) Civiqs (5/2-4) Meredith College (4/27-28)
41 43
44 46
41 50
34 44

Any incumbent below 45% is generally considered to be toast. People are looking for an alternative. 

Losing Alabama but winning Arizona, Colorado, Maine, and North Carolina gets us to a 50-50 Senate. At this stage of the cycle, given current trends, this is the most likely outcome. 

TIER TWO RACES

These are races in which Republicans currently have the edge, but are in play. 

Georgia has two Senate seats in play: a regular election and a special one. The only recent polling is courtesy of Civiqs, which found both Senate seats effectively tied. The reason the GOP has the edge is that Georgia has a Jim Crow-era law that requires candidates to win with 50% of the vote. If none get it in November, the top two vote-getters advance to a runoff election in January. 

Historically, the GOP has done much better in those runoff elections. I suspect this time will be different, but gut feelings don’t trump history. This is a true tossup for both seats. 

Montana pits an incumbent Republicans against the current popular Democratic governor. Montana is notoriously difficult to poll, but the only one to try recently—a sketchy-looking Montana State University effort—had Democrat Steve Bullock ahead 46-39. Trump will win the state, so we’re relying on ticket splitters to carry the day. Luckily, 1) Montana has a long history of split tickets—it currently has a Democratic governor and Democratic U.S. Senator despite being solidly red at the presidential level, and 2) Trump’s approvals in Montana have been in a steady decline over the last 12 months, from a net +12, to +4 today. And the worse Trump does in the state, even if he wins it, the fewer crossover votes Bullock needs to win. 

Depending on how these two states shake out, the Democrats can end up anywhere from the barest 50-50 majority to a better-looking 53-47 one. 

TIER THREE RACES

Incumbent Iowa Republican Sen. Joni Ernst had appeared relatively safe earlier this year. Lily-white Iowa looked like another 10-point Trump win, and Ernst seemed to be doing whatever it was that was necessary to cruise to reelection. But the coronavirus has hit Iowa hard, and the trade wars with China have hammered its farmers. And now, any hope of a positive resolution has evaporated as Trump has decided to blame China for his own failures. In fact, Trump’s approvals are underwater in Iowa 47-50, according to Civiqs’ daily tracker. 

Polling has been scant, but just yesterday Public Policy Polling released a poll showing the Democratic challenger up 45-43. Civiqs has a poll in the field right now and we’ll have results next Tuesday or Wednesday. This one may be soon graduating to the second tier. 

Kansas. Kansas! Yes, Kansas. I explain Kansas here. Botton line: It’s tough, but given Kansas’ high education levels and an ongoing civil war between the state Republican Party’s moderate and crazy wings, we have a shot. 

Texas also gets included in this tier. Incumbent Republican John Cornyn isn't as hated as Ted Cruz, who was almost defeated in 2018. And there is no public polling to give us a sense of the state of this race. But the state is trending blue, and a Public Policy Polling poll released today showed the state a 48-48 tie in the presidential election. Honestly, not sure I buy it, not without additional confirmation. But the demographic trends are certainly in our favor. Have they moved enough to put this Senate seat in contention? I’m hopeful but skeptical.  

TIER FOUR RACES

These are races in which we have great candidates who are raising buttloads of cash, but they are in tough Republican states. 

In Kentucky, odious Republican Sen. Majority Leader Mitch McConnell is unpopular, but 1) he delivers more bacon than anyone else in the Senate—Kentucky is the ultimate mooch state, and 2) Kentucky gives Trump some of his highest approval ratings in the country (a rough count says seventh highest). 

Those are some pretty strong headwinds to fight no matter how good your candidate is and how much money she has. 

And in the same vein, South Carolina’s Lindsey Graham is protected by the partisanship of his state—the only one on both coasts that gives Trump a positive approval rating. Civiqs has the race tied 42-42, but undecideds are heavily Republican and the state suffers from extreme racial polarization. Southern whites, in general, just don’t vote Democratic. 

The Senate will be at least 50-50. Our job is to drag as many of these races across the finish line as we can. Can we make it 55-45? Or even more than that? 

Donate to our slate of Senate races. And if you live in any of these states, fight hard! 

Biden Rape Charges Hurting Democrats In U.S. Senate Races

All across the country Democrats are turning on Joe Biden and backing a probe into Tara Reade’s rape charges, much to the consternation of the Biden campaign. Though some are sticking with Biden and some are trying to cut the baby in half.

Because Democrat Senate hopefuls are all over the road on their party’s de facto nominee, it is hurting their party unity and thus their races all over the nation. Here are some examples of how the Reade charges are playing out. We lead off with Mitch McConnell setting the stage.

Kentucky: “Well, at the very least it’s pretty obvious that the same people who were outraged about allegations — unproven allegations against Justice Kavanaugh when he was in high school — seemed to have little or no interest, or certainly not as much interest, in suggestions of improper behavior by an adult who was in the Senate,” said GOP Senate Majority Leader Mitch McConnell (R-KY).

“I was asked earlier today about Judge Brett Kavanaugh and I answered (that she would have voted to confirm) based upon his qualifications to be on the Supreme Court,” Amy McGrath said. She is the Democrat up against McConnell. First she was for Kavanaugh, knowing that would play in red state Kentucky. Then she turned tail after leftist pressure and said this, “But upon further reflection and further understanding of his record, I would have voted no.” Ducked the issue on Reade altogether.

Maine: “At the time of his confirmation, there was plenty of evidence that put into question Brett Kavanaugh’s fitness for the Supreme Court,” Democrat Sara Gideon said.

Gideon is challenging GOP incumbent Senator Susan Collins. “Senators Collins cast a critical vote to confirm him anyway, and she said she doesn’t regret it.” Gideon has dodged all comment on the Reade story.

“Principles like the presumption of innocence, fairness, and due process always bear on my thinking in evaluating such an allegation,” Collins said. “Ms. Reade should be treated with respect and have a chance to tell her story. I served with Joe Biden in the Senate, and I have respect for his service to our country.” Cautious and down the middle. Very Susan Collins.

Georgia: “The law actually has a system for this that can be used in the political and civic world as well, and that is when a woman makes an allegation she makes a prima facie statement and it is to be believed, and then it is to be rebutted by the accused and then the burden’s on the woman to state her case,” Teresa Tomlinson said. She is in the Democrat primary to take on GOP Senator David Perdue (R-GA) this fall. She tries to go down the middle. Her legal mumbo jumbo fails.

“Any allegation of sexual assault needs to be taken seriously. In a supercharged political environment, we need to look carefully. And only Vice President Biden and the accuser really know what happened,” Jon Ossoff said. He is also in that primary. A little bit better than Tomlinson. But still not good enough to escape charges of Democrat hypocrisy.

“These accusations deserve to be heard in full and the voters deserve a full investigation of what happened,” Sarah Riggs Amico said. “And at the same time Joe Biden does deserve due process.” Still better and smarter, this time. But that wasn’t her attitude on Brett Kavanaugh.

“I will never be silent when it comes to fighting for what’s right. That’s why I’m offering my unwavering support to those who are coming forward and joining others calling for Kavanaugh’s impeachment because this is no time for half measures, especially when it comes to our values. It is clear that Senate Republicans, including Senator David Perdue, put partisan politics ahead of good judgment by confirming Kavanaugh without a thorough investigation,” said Amico during the Kavanaugh hearings. Even later, she wasn’t so evenhanded about Kavanaugh.

All over the road. It will cost them, and Biden, in the fall.

This piece was written by PoliZette Staff on May 7, 2020. It originally appeared in LifeZette and is used by permission.

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