Morning Digest: Federal judges let Ohio GOP run out the clock and use illegal gerrymandered maps

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

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Leading Off

OH Redistricting: A three-judge federal court has hijacked Ohio's legislative redistricting process and rewarded Republican obstructionism by announcing on Wednesday that if the state's GOP-dominated redistricting commission fails to produce constitutional maps by May 28, it will implement maps that the state Supreme Court previously ruled were unconstitutional instead.

The Ohio Supreme Court has rejected four different sets of maps in a row for the state House and state Senate drawn by the commission, all for the same reason: They violated a voter-approved amendment to the state constitution barring partisan gerrymandering. That same amendment, however, forbid state courts from ordering the adoption of judicially crafted maps, leaving the Supreme Court with the power merely to order the commission—which consists of five Republicans and just two Democrats—to keep trying again.

But now Republicans have no incentive to try a fifth time, as the Supreme Court recently ordered, because if they fail to do so, the federal court will simply impose their third set of maps. In a 2-1 decision, two judges appointed by Donald Trump said they'd adopt those maps—despite the fact the Supreme Court found they violated the state constitution "beyond a reasonable doubt"—simply because Republican Secretary of State Frank LaRose, who is one of the five Republicans on the commission, told local election officials to prepare to use them before the justices had a chance to rule on their validity.

Federal courts cannot be barred by the Ohio constitution from imposing their own maps to remedy violations of the U.S. Constitution, and in fact they must do so in the event of an impasse to ensure that elections can be held using legal maps. (The GOP-drawn maps the state used for the last decade are now badly malapportioned in addition to being gerrymandered.) But in a dissent, Judge Algenon Marbley, who was named to the bench by Bill Clinton, castigated the majority for failing to "respect[] state policies to the maximum extent" by settling on plans that are "irredeemably flawed."

Instead, said Marbley, the state should use a plan crafted by a pair of outside map-drawers hired by the commission, which expert witnesses who testified before the federal court said "satisfies all constitutional requirements" with minor changes. The commission claimed it abandoned that plan because it was incomplete—a reason the majority cited for spurning it—but Marbley noted that an expert for opponents of the GOP's maps completed the necessary adjustments in a matter of hours.

Yet with the majority's decision, "Republican Commissioners will benefit directly from a crisis they created," wrote Marbley, "and which the Ohio Supreme Court has attributed squarely to them." And because the GOP's maps would only take effect for 2022, the same situation could unfold in future years. As Marbley explained, "The 2024 Commission, faced with the options of ceding political power or simply waiting out adverse court decisions, likely will be tempted to take the same course."

Unmentioned by the dissent is that Republicans are trying to wait out the state Supreme Court in another way as well: Republican Chief Justice Maureen O'Connor, who sided with the court's three Democrats over her three GOP colleagues to strike down the maps, cannot run again in November due to age limits. If Republicans who oppose the redistricting ruling win her open seat and hold onto the other two GOP-held seats up this year, they would gain a 4-3 majority willing to uphold future GOP gerrymanders.

Democrats and redistricting reformers are essentially out of options for 2022 at this point. While an appeal of the federal court's ruling is possible, any such appeal would go directly to the U.S. Supreme Court, where challengers would expect a very unfriendly reception. The Ohio Supreme Court, meanwhile, has contemplated holding commissioners in contempt. To date it's declined to do so, but even if it does, there's no reason to think Republicans would produce constitutional maps since they'll get exactly what they want as long as they hold out until May 28.

Redistricting

FL Redistricting: Florida's Republican-run state House approved Gov. Ron DeSantis' new congressional map in a party-line vote on Thursday, following a similar vote in the state Senate a day earlier. The map, which would establish 20 districts Donald Trump would have carried and just eight that would have gone for Joe Biden, now goes to DeSantis for his signature, though litigation challenging the plan is a certainty.

Senate

MO-Sen: Marine veteran Lucas Kunce has released a Public Policy Polling survey of the August Democratic primary that finds him leading philanthropist Trudy Busch Valentine by 25-18 with a substantial 56% of voters undecided. This is the first publicly available poll we've seen from anyone so far.

NH-Sen, NH-Gov: The University of New Hampshire has tested some potential matchups between Democratic Sen. Maggie Hassan and a few of her Republican challengers, and their new poll finds Hassan in a very tight race this fall:

47-46 vs. 2020 candidate and retired Brig. Gen. Donald Bolduc

44-46 vs. state Senate President Chuck Morse

45-44 vs. former Londonderry town manager Kevin Smith

46-40 vs. Bitcoin millionaire Bruce Fenton

UNH also tested the Republican primary in September and found Bolduc with a large 33-4 lead over the nearest contender, but with 58% of voters undecided and Bolduc having significantly higher name recognition than his rivals thanks in part to his 2020 bid, that advantage could dwindle as his opponents become better known and more voters pick a candidate to support.

The GOP primary grew larger still on Thursday when author and investor Vikram Mansharamani kicked off his campaign. Vikram, who is also a lecturer at Harvard and the son of Indian immigrants, does not appear to have run for office before.

The UNH poll above also surveyed the election for governor, but the results are much less competitive than in the Senate contest. They have Republican Gov. Chris Sununu cruising to a 55-29 lead over state Sen. Tom Sherman, who is the only notable Democrat challenging the three-term incumbent so far.

OH-Sen: Protect Our Values PAC, which is supporting venture capitalist J.D. Vance in the May 3 Republican primary, has publicized a Fabrizio, Lee & Associates poll that finds Vance pulling into a 25-18 lead over former state Treasurer Josh Mandel, with investment banker Mike Gibbons taking 13%, former state party chair Jane Timken earning 11%, and state Sen. Matt Dolan winning 9%. Those numbers are an improvement for Vance since their March survey, which had Vance, Mandel, and Gibbons in a three-way tie with 18% each followed by Timken at 11% and Dolan at 9%.

This is Fabrizio, Lee & Associates' first poll since Donald Trump endorsed Vance on April 15, and it's undoubtedly intended to support the idea that Trump's support is helping put Vance ahead. However, it's worth noting that nearly every other poll here in recent months has found Vance stuck further back in third or fourth place, though no other pollster has released a survey yet since Trump made his endorsement.

Meanwhile, Buckeyes for a Strong Ohio PAC, which is supporting Gibbons, has released a new ad calling Mandel a career politician and a "total fraud." The spot disingenuously blasts Mandel for having supported Mitt Romney and former Gov. John Kasich without noting that Mandel did so when Romney at least was the 2012 GOP presidential nominee, not more recently when both he and Kasich have been among the few Republican Trump critics. The ad finishes by praising Gibbons as a businessman.

OK-Sen-B: Friday was also the filing deadline for Oklahoma's June 28 primaries, and the state has its candidate list here. A runoff would take place Aug. 23 for any contest where no one earned a majority of the vote.

Longtime Sen. Jim Inhofe announced in late February that he would resign, effective ​​when the current Congress ends, and 13 fellow Republicans are competing for the final two years of his term in this dark-red state. Inhofe is pulling for his former chief of staff, Luke Holland, and a new super PAC called OkieWay has spent $475,000 on ads starring the outgoing senator praising his would-be successor. The GOP side, though, includes several contenders who start out with more name recognition than Holland, who is a first-time candidate.

One familiar name is Rep. Markwayne Mullin, who represents a seat in the eastern part of Oklahoma. There's also former state House Speaker T.W. Shannon, who ran in the 2014 special election for the Sooner State's other Senate seat but lost the primary to then-Rep. James Lankford by a surprisingly wide 57-34 margin: Both Mullin and Shannon would be the first Native Americans to serve in the upper chamber since Colorado Republican Ben Nighthorse Campbell retired in 2005, while Shannon would also be Oklahoma's first Black senator. Another prominent contender is former state Attorney General Scott Pruitt, who later served as Trump's first head of the EPA and resigned in the face of numerous scandals.

Also in the running is state Sen. Nathan Dahm, who took a close fourth in the 2018 primary for the Tulsa-based 1st Congressional District; Dahm, who was waging a longshot bid against Lankford before Inhofe announced his departure, has benefited from about $155,000 in TV ads so far from Protect Freedom PAC, which is allied with Kentucky Sen. Rand Paul. Rounding out the field is former Trump White House staffer Alex Gray, while the other seven contenders don't appear to be serious.

Pruitt only entered the race just before filing closed last week so there are no fundraising reports available for him, but we have first quarter numbers from the rest of the GOP field:

  • Holland: $620,000 raised, additional $200,000 self-funded, $773,000 cash-on-hand
  • Mullin: $385,000 raised, additional $1 million self-funded, $1.96 million cash-on-hand
  • Shannon: $245,000 raised, additional $150,000 self-funded, $392,000 cash-on-hand
  • Dahm: $147,000 raised, $170,000 cash-on-hand
  • Gray: $132,000 raised, additional $200,000 self-funded, $299,000 cash-on-hand

The only Democrat in the race is former Rep. Kendra Horn, who raised $343,000 and had $369,000 available.

Governors

AZ-Gov: First quarter fundraising reports are available for candidates seeking to replace term-limited GOP Gov. Doug Ducey, with the primaries for both parties taking place in August:

  • Former TV news anchor Kari Lake (R): $970,000 raised, $701,000 cash-on-hand
  • Board of Regents member Karrin Taylor Robson (R): $718,000 raised, additional $2 million self-loaned, $357,000 cash-on-hand
  • Former Rep. Matt Salmon (R): $469,000 raised, $703,000 cash-on-hand
  • Businessman Steve Gaynor (R): $35,000 raised, $4.1 million cash-on-hand (thanks to prior self-funding)
  • Secretary of State Katie Hobbs (D): $748,000 raised, $1.6 million cash-on-hand
  • Former homeland security official Marco López (D): $305,000 raised, additional $150,000 self-loaned, $450,000 cash-on-hand
  • Former state Rep. Aaron Lieberman (D): $275,000 raised, $759,000 cash-on-hand

FL-Gov: Sachs Media has conducted a Democratic primary poll on behalf of Florida Politics that shows Rep. Charlie Crist holding a 35-20 lead over state Agriculture Commissioner Nikki Fried, while state Sen. Annette Taddeo is far behind with 4%. This is Sachs' first publicly available poll; the few other pollsters who have released surveys here in recent months have also found Crist ahead but with a large share of voters still undecided with four months to go until the August primary.

GA-Gov: Former Sen. David Perdue is running a new GOP primary ad, which is backed by a modest $320,000 buy that his campaign says will grow to $500,000, that embraces the Big Lie and various other far-right themes. Perdue hits Gov. Brian Kemp for letting radicals "steal the election," by which he really means Kemp not helping Trump to actually steal it, and because of this he blames Kemp for inflation and other problems under Biden. Perdue touts Trump's endorsement and vows to eliminate the state income tax.

IL-Gov: Aurora Mayor Richard Irvin's latest GOP primary ad tries to portray state Rep. Darren Bailey as a phony conservative by highlighting how Bailey said last month that, "I might have voted for Biden," while the rest of the spot hits Bailey for having supported property tax increases while he was on a local school board.

However, the ad omits how Bailey was speaking about voting in the 2008 Democratic primary, which he claimed he had done as a way to stop Hillary Clinton, not the more recent 2020 general election. The Chicago Tribune noted that Irvin himself had refused to say whether he voted for Trump shortly after joining the race and that he had voted in the 2016 and 2020 Democratic primaries, which Irvin justified by saying he was voting for conservative Democrats in local races.

MD-Gov: The filing deadline for Maryland's July 19 primary passed Friday, and the state has a list of contenders available here. (Both dates were twice postponed because of legal challenges to congressional and legislative maps.) The congressional and state legislative lists aren't quite final, though, as the State Board of Elections says, "These candidates are listed in the district where they live now. After election officials make changes to County, State, and Congressional districts based on final redistricting plans, some candidates may be assigned to a different district." The BoE adds that this will be finished "in late May or early June."  

Republican Gov. Larry Hogan is termed out, and 10 Democrats and four Republicans are competing to succeed him in a state that Joe Biden carried 65-32. The only sitting elected official on either side is state Comptroller Peter Franchot, a moderate Democrat who has enjoyed a good relationship with Hogan. Team Blue's field also includes two former members of the Obama cabinet: former Secretary of Education John King and former Secretary of Labor Tom Perez, who later went on to head up the Democratic National Committee.

The Democratic side also consists of two contenders who took second place in primaries for governor during the last decade: former Attorney General Doug Gansler, who lost in 2014, and former Prince George's County Executive Rushern Baker, who unsuccessfully campaigned four years later and is now the only candidate taking part in Maryland's public financing system. Also in the contest are former nonprofit leaders Jon Baron and Wes Moore as well as Ashwani Jain, a one-time Obama administration official who lost a 2018 primary for the Montgomery County Council; two little-known candidates round out the list.

The only recent poll we've seen was a March internal for Baker that showed him trailing Franchot 23-15, with Perez and Moore at 11% and 10%, respectively. New campaign finance reports aren't due until mid-June (the last available numbers are from mid-January), so it will be a while before we get a fresh look at everyone's financial strength.

On the GOP side, Hogan is backing Kelly Schulz, whom he previously appointed as state Commerce Secretary. Donald Trump's endorsed candidate, meanwhile, is Del. Dan Cox, who played a role in the Jan. 6 insurrection at the Capitol by organizing a busload of people to attend the rally that preceded it. Also in the race are wealthy perennial candidate Robin Ficker, who decided to continue his bid despite getting disbarred, and Some Dude Joe Werner.

NE-Gov: State Sen. Brett Lindstrom's newest ad ahead of the May 10 Republican primary shows the candidate talking up his record of cutting taxes, and he says he's "just getting started."

OK-Gov: Republican Gov. Kevin Stitt has three intra-party foes, with Oklahoma Department of Veterans Affairs Director Joel Kintsel looking like the most serious of the challengers. The Trump-endorsed incumbent's biggest threat, though, likely comes from a pair of dark money groups that together have spent at least $3.3 million on negative ads. Stitt has fired back with his own messaging arguing he's the victim of a smear campaign by "insiders and casino bosses," and he's also received $577,000 in help from the RGA. The Democratic side is a duel between Superintendent of Public Instruction Joy Hofmeister, who left the GOP last year, and former state Sen. Connie Johnson, who lost the 2018 primary for this office.

House

AZ-06: EMILY's List has endorsed state Sen. Kirsten Engel ahead of the August Democratic primary.

Engel raised $225,000 in the first quarter and finished March with $639,000 on hand compared to her other notable primary opponent, state Rep. Daniel Hernández, who raised $154,000 and had $447,000 in the bank. On the Republican side is Juan Ciscomani, a former senior advisor to Gov. Doug Ducey, who raised $443,000 and had $1.1 million in cash-on-hand.

FL-04, FL-05: Republican state Senate President Pro Tempore Aaron Bean says he is "still exploring" a congressional run, which Florida Politics indicates would likely be in the new 4th District.

Republican legislators passed a new congressional map this week (see our FL Redistricting item above) that carves up Jacksonville to create two Republican-leaning districts by dismantling the existing 5th District, which is a predominantly Black and safely Democratic seat stretching to Tallahassee, but the redrawn 5th District corresponds more closely to GOP Rep. John Rutherford's existing 4th District and contains most of his current turf. Florida Politics treats it as a given that Rutherford would run there instead, meaning the new 4th is effectively the closest successor to the old 5th even though it's a very different constituency.

State Rep. Jason Fischer and Jacksonville City Councilman Rory Diamond have both previously said they were also considering running, and Florida Politics says they would also run in the 4th if they join the August GOP primary. One Republican who won't be running for either seat, though, is term-limited Jacksonville Mayor Lenny Curry, who said he will finish out the rest of his term through 2023.

IL-01: SEIU Local 1, which says it represents 30,000 members across Illinois, has endorsed Chicago Alderman Pat Dowell ahead of the crowded Democratic primary in June.

Dowell led the pack in fundraising, raising $382,000 in the first three months of 2022, and he held $297,000 on hand at the start of April. Close behind was businessman Jonathan Swain, who reported $356,000 in donations, an additional $19,000 in self-funding, and $322,000 in cash-on-hand. Former Chicago Cook Workforce Partnership CEO Karin Norington-Reaves raised $291,000 and had $237,000 leftover to spend, while construction company owner Jonathan Jackson raised $145,000 and had $130,000 in the bank.

Four other candidates reported raising less than $100,000: Real estate executive Nykea Pippion McGriff raised $85,000, self-funded an additional $3,000, and had $79,000 remaining; former Illinois Criminal Justice Information Authority official Charise Williams took in $83,000 and had $44,000 left in the bank; state Sen. Jacqueline Collins raised $69,000, self-funded an additional $10,000, and had $62,000 left to spend; and Pastor Stephany Rose Spaulding, whom we hadn't previously mentioned, raised a mere $50,000, self-funded $23,000, and had $27,000 on hand.

IL-15: Rep. Mary Miller has launched an ad going after fellow GOP Rep. Rodney Davis for voting to create the Jan. 6 investigation committee. The spot calls Davis a "RINO" while noting that Miller has Trump's endorsement.

Davis held a sizable edge over Miller in first quarter fundraising, though, raising $923,000 and finishing March with $1.9 million in cash-on-hand. By contrast, Miller brought in just $335,000 and had $511,000 left over at the start of April.

IN-01: Air Force veteran Jennifer-Ruth Green has debuted a GOP primary ad that portrays former LaPorte Mayor Blair Milo as a "Never Trump liberal" who refused to back Trump in 2016 and criticized his immigration policies. Green touts her own support from Indiana Right to Life and her top rating from the NRA.

Milo led Green $208,000 to $155,000 in first quarter fundraising, but she had just $111,000 on hand compared to Green's $151,000 at the end of the quarter. The primary is on May 3.

IN-09: American Dream Federal Action, a cryptocurrency-aligned PAC on the Republican side, has reported spending at least $387,000 on GOP primary ads for former state Sen. Erin Houchin.

Houchin raised the most money of any Republican candidate from donors in the first quarter, having brought in $377,000 and holding $250,000 on hand. Army veteran Stu Barnes-Israel raised $264,000, self-funded an additional $101,000, and had $232,000 left to spend. Former Rep. Mike Sodrel took in just $38,000 from donors but self-funded an additional $429,000, almost all of which he spent to end up with only $58,000 on hand. Lastly, businessman Jim Baker, whom we hadn't previously mentioned, raised $64,000 and had $40,000 remaining on hand.

MD-01: Rep. Andy Harris, who is one of the Republican party's ​​leading election deniers, is defending a seat along the Eastern Shore that would have backed Donald Trump 56-42, which is considerably more conservative than the seat Democrats drew up last year for a map that was ultimately struck down in state court.

Harris still faces a well-funded Democratic challenger in the form of former Del. Heather Mizeur, who took third place in the 2014 primary for governor and would be the first lesbian to represent the state in Congress. Harris outraised Mizeur $468,000 to $372,000 during the first quarter of 2022, and he finished March with a $1.88 million to $1.12 million cash-on-hand edge. Foreign policy strategist Dave Harden is also competing in the Democratic primary, but he's raised little so far.

MD-04: Democratic Rep. Anthony Brown is leaving this safely blue seat, which is based around Prince George's County in the D.C. suburbs, to run for attorney general, and three notable candidates from the county are competing to succeed him.

One well-established contender is Brown's predecessor, former Rep. Donna Edwards, a progressive who left the House in 2016 to unsuccessfully run for the Senate; Edwards later waged a 2018 comeback campaign for county executive, but she lost that primary by a wide 62-24 margin to Angela Alsobrooks. Another familiar name is former county State's Attorney Glenn Ivey, whom Brown beat 42-34 in the 2016 primary to replace Edwards. Another person to watch is former Del. Angela Angel, who lost her 2018 primary for a state Senate seat 55-37.

Edwards, who entered the race this year and has EMILY's List's support, raised $612,000 during her opening quarter and self-funded another $13,000, and she finished March with $460,000 on hand. Ivey, meanwhile, took in $294,000 from donors and provided another $150,000, which left him with a larger $584,000 war chest. Angel, finally, raised $54,000, self-funded $45,000 more, and was left with $95,000 on hand.

MD-06: Democratic Rep. David Trone faces a potentially tough general election now that redistricting has cut Joe Biden's margin of victory from 61-38 to 54-44 (Hillary Clinton would have carried this version of the 6th just 47-46), though the extremely wealthy incumbent has proven in the past that he's more than willing to make generous use of his own wealth. Indeed, Trone self-funded $2 million during the first quarter, which was far more than the $41,000 he took in from donors, and ended March with just over $2 million on hand.

The most prominent Republican in the contest for this redrawn constituency, which includes western Maryland and the D.C. exurbs, is Del. Neil Parrott, whom Trone turned back 59-39 last cycle. Parrott raised just $25,000 during the first three months of 2022 and had $262,000 in the bank, though contributors may take more of an interest in this race now that the 6th has become more competitive. State House Minority Leader Jason Buckel briefly considered running here as well before filing closed, but he decided to seek re-election instead.

NC-01: The state AFL-CIO has endorsed state Sen. Don Davis in the May 17 Democratic primary for this open seat.

NC-04: Protect Our Future PAC, the group funded by crypto billionaire Sam Bankman-Fried, is spending at least $771,000 to boost state Sen. Valerie Foushee in next month's Democratic primary for this safely blue seat.

NH-02: Brewery owner Jeff Cozzens announced Thursday that he was exiting the August Republican primary to take on Democratic incumbent Annie Kuster.  

OK-02: Republicans have a huge 14-person lineup to succeed Senate candidate Markwayne Mullin in an eastern Oklahoma seat that Trump would have carried 76-22, and there's no obvious frontrunner at this point. One contender, though, ended March with a big financial lead over their many foes:

  • Economy Pharmacy CEO Chris Schiller: $257,000 raised, additional $250,000 self-funded, $501,000 cash-on-hand
  • State Sen. Marty Quinn: $106,000 raised, additional $27,000 self-funded, $129,000 cash-on-hand
  • State Rep. Dustin Roberts: $83,000 raised, additional $25,000 self-funded, $105,000 cash-on-hand
  • Muskogee Chief of Police Johnny Teehee: $42,000 raised, additional $210,000 self-funded, $250,000 cash-on-hand
  • State party chair John Bennett: $27,000 raised, $23,000 cash-on-hand
  • State Rep. Avery Frix: $15,000 raised, additional $200,000 self-funded, $215,000 cash-on-hand

The race includes several other politicians who joined the race after the new fundraising quarter began:

  • businessman Guy Barker
  • former state Sen. Josh Brecheen
  • former state Rep. David Derby
  • former defense contractor Pamela Gordon
  • Cherokee Nation Tribal Councilor Wes Nofire

The remaining three Republicans don't appear to be serious contenders, though it's always possible one of them could advance to a runoff in this outsized field.

OR-06: Protect Our Future PAC has dropped an additional $1.9 million to aid economic development adviser Carrick Flynn in the May 17 Democratic primary for this newly created seat, which brings its total investment here to a staggering $7 million.

PA-08: 2020 Republican nominee Jim Bognet has launched the first ad for his rematch against Democratic Rep. Matt Cartwright, and he quickly makes it clear what kind of campaign he'll be running when he opens, "In 2020, President Trump endorsed me for Congress. But that election was stolen from us."

RI-02: Former state Rep. David Segal declared Wednesday that he was joining the September Democratic primary for this open seat, an announcement that came almost two months after he began raising money for a potential campaign to succeed retiring Rep. Jim Langevin.

Segal, as we've written before, was active in Providence progressive politics in 2002 when he was elected to the City Council as a member of the Green Party, and he briefly served as the chamber's minority leader. After joining the Democrats and winning a seat in the state House, Segal ran for the 1st District in 2010, which was the last time Rhode Island had an open-seat race for Congress. He campaigned to the left of his many primary foes and ended up in third place with 20%; the winner, with 37%, was Providence Mayor David Cicilline, who still holds the district today. Segal didn't seek elected office in the ensuing decade, though he did found the national liberal organization Demand Progress.

SC-01: Big Lie enthusiast Katie Arrington has earned an endorsement from 2nd District Rep. Joe Wilson, who infamously shouted, "You lie!" at Barack Obama during a 2009 presidential address to Congress, for her campaign to beat incumbent Nancy Mace in the June Republican primary.  

VA-02: Candidate filing closed on April 7 for Virginia's June 21 primaries, and we'll be taking a look at the state of play in each competitive congressional race now that first quarter fundraising numbers are in; you can find a list of contenders here.

Democratic Rep. Elaine Luria is defending a Virginia Beach-based seat where, following redistricting, Joe Biden's margin of victory was halved from 51-47 to 50-48. National Republicans, including the deep-pocketed Congressional Leadership Fund, have consolidated behind state Sen. Jen Kiggans, who won her seat in a close 2019 general election campaign. Luria outraised Kiggans $1.2 million to $435,000 during the first three months of 2022 and ended March with a huge $3.16 million to $593,000 cash-on-hand.

Before she can go up against Luria, Kiggans needs to get past high school football coach Jarome Bell, a Big Lie fanatic who has the backing of 5th District Rep. Bob Good. Bell, who earned last place in the 2020 three-way primary with 23%, had a mere $9,000, though, so he may not be much of an obstacle for Kiggans, who has been happy to entertain election conspiracies herself.

VA-07: While some Northern Virginia Democrats initially expressed interest in waging a primary bid against Rep. ​​Abigail Spanberger after the new congressional map replaced much of her suburban Richmond base with turf in populous Prince William County, Spanberger will face no intra-party opposition. Those dramatic changes boosted Biden's margin from just 50-49 to 52-46, but six Republicans are hoping to take her on.

Both state Sen. Bryce Reeves and Green Beret veteran Derrick Anderson were running against Spanberger before the remap, and they've continued their campaigns here: Reeves outraised Anderson $269,000 to $232,000 during the most recent fundraising quarter, and he finished March with a small $390,000 to $371,000 cash-on-hand lead.

Prince William County Supervisor Yesli Vega, meanwhile, entered the race shortly after redistricting was completed, and she raised $357,000 in her first three months and had $294,000 to spend. Another new arrival, Stafford County Board of Supervisors Chair Crystal Vanuch, took in $82,000 but self-funded $402,000, which left her with $468,000 to spend. Spotsylvania County Supervisor David Ross, likewise, raised $42,000 and provided $101,000 more, which left him with a $121,000 war chest. The final Republican, 2021 state House nominee Gina Ciarcia, had less than $15,000 to spend. Spanberger herself raised $1.13 million to defend herself, and she finished March with $3.89 million in the bank.

ECU: The progressive group End Citizens United has endorsed six Democratic House contenders:

Attorneys General

ID-AG: While the Club for Growth doesn’t appear to have endorsed its old ally, former Rep. Raúl Labrador, in the May 17 Republican primary for attorney general, the group is spending nearly $300,000 to weaken five-term incumbent Lawrence Wasden. The commercial attacks Wasden for refusing to join 13 other GOP attorneys general in suing to overturn the Biden administration’s COVID relief bill, with the narrator arguing he “allowed Washington to shove their woke agenda down our throats.” The ad also goes after him for refusing to join the 2020 lawsuit aimed at overturning Biden’s win, saying he “looked the other way when election integrity hung in the balance.”

MD-AG: The Democratic primary to succeed retiring Democratic incumbent Brian Frosh is a duel between two well-connected candidates: Rep. Anthony Brown, who was the party's 2014 nominee for governor, and former Baltimore Judge Katie Curran O'Malley, who is the wife of former Gov. Martin O'Malley. The winner will be the heavy favorite in November for an office that the GOP last won in 1918.

MI-AG, MI-SoS: Michigan Republicans will hold a convention Saturday to choose their candidates to take on Attorney General Dana Nessel and Secretary of State Jocelyn Benson, races that Donald Trump has intervened in as he seeks to install adherents of the Big Lie into key offices like these nationwide. However, the weekend's results may not bring about a definitive resolution because the party's endorsement can be overturned in August with an affirmative vote of three-fourths of delegates, and at least one candidate hasn't ruled out pursuing this option if he loses.

MLive.com explains this strange state of affairs came about because, as GOP consultant John Sellek puts it, these springtime gatherings are "completely made up by the parties." Indeed, state law requires that the parties, rather than primary voters, pick their nominees for these offices (as well as for lieutenant governor) at conventions that take place in the "fall" (which has been interpreted, for some reason, to include August).

Democrats, though, decided several years ago that they wanted to choose their candidates far earlier in order to give them a head start for the general election. That's why they came up with the idea of the April endorsement convention, with the later event serving only to make the results official. (Michigan voters will select nominees in all other races in the state's Aug. 2 primary.)

Republicans decided to try this approach out themselves for the first time this cycle, but Trump's interventions have, unsurprisingly, complicated things. While many GOP leaders want their nominee for attorney general to be former state House Speaker Tom Leonard, who lost to Nessel by a close 49-46 margin in 2018, Trump has instead backed Matthew DePerno, an attorney who's made a name for himself advancing the conspiracy theories about the 2020 elections and recently called for the arrest of Nessel, Benson, and Gov. Gretchen Whitmer.

The GOP field also includes state Rep. Ryan Berman, who has tried to position himself as an alternative to Leonard and DePerno but has been willing to call out DePerno's lies. In the race for secretary of state, Trump is similarly pulling for Kristina Karamo, who has called the Jan. 6 insurrectionists "​​totally antifa posing as Trump supporters," to beat state Rep. Beau LaFave and Chesterfield Township Clerk Cindy Berry.

Sellek predicted that DePerno, who earlier this month called for his supporters to "storm" the county-level meetings where party activists pick delegates for the endorsement convention, would respond to a defeat on Saturday by trying to get the results overturned in August. Berman, though, was the only one who publicly addressed the idea, telling MLive, "It depends on what happens this weekend. We'll see how it plays out." Still, it would take quite a lot to convince 75% of the August delegates to adopt what Sellek called a "smash-glass-in-case-of-emergency" option.

And the glass may remain intact no matter what these insurgents might want. GOP co-chair Meshawn Maddock, who backs Trump's picks, predicted, "The party as a whole is going to coalesce around this team, starting Saturday afternoon," adding, "I will work my tail off for whatever candidates come out of this convention."

Former state party executive director Jason Roe, though, struck a very different tone when describing the stakes of the endorsement convention. "We're going to find out if we're going to be held hostage to second-tier candidates who can't win general elections in pursuit of genuflecting to the dear leader," he said, "or if we're going to focus on winning elections and making sure that conservatives control state government and make the policies that we all have to live under."

Morning Digest: Mo Brooks just found out Trump’s Complete and Total endorsements are anything but

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

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LEADING OFF

AL-Sen: Donald Trump announced Wednesday that he was "withdrawing my endorsement" of Rep. Mo Brooks ahead of the May Republican primary to succeed retiring Sen. Richard Shelby, a move that came after months of stories detailing the GOP master's unhappiness with the congressman' campaign. Trump concluded his not-tweet by saying, "I will be making a new Endorsement in the near future!"

There are two remaining available candidates in the GOP primary that Trump could back: Army veteran Mike Durant and Shelby's choice, former Business Council of Alabama head Katie Boyd Britt. Trump had disparaged Britt as "not in any way qualified" for the Senate back in July, but he's warmed up to her in recent months and, per a CNN report last month, even told her that "he would speak positively of her in private and public appearances."

That same story relayed that Trump saw Durant, whom he derided as "a McCain guy" because he functioned as a surrogate for John McCain's 2008 campaign, as unacceptable. That seems to also be changing, though, as Politico reports that Durant met with Trump on Monday. As for Brooks, who helped foment the Jan. 6 assault on the Capitol, the Club for Growth responded to Trump's Wednesday announcement by saying it was still sticking with him.

Trump argued he was abandoning the "woke" Brooks because the candidate told an August rally, "There are some people who are despondent about the voter fraud and election theft in 2020. Folks, put that behind you." However, while CNN said last year that Brooks' performance at this event, as well as Trump's brief but friendly conversation with Britt backstage, were what "first sowed frustration" with the congressman inside Trumpworld, few observers believe that those seven-month-old comments from Brooks are the reason Trump is now leaving him for dead.

Instead, almost everyone agreed that Trump decided that Brooks was running a doomed bid and wanted to avoid being embarrassed by his primary defeat. Indeed, CNN reported all the way back in December that Trump, GOP insiders, and even Brooks' allies were unhappy with his weak fundraising and other aspects of his campaign: The candidate responded that month by "reassessing his campaign strategy" and replacing several members of his team, but CNN said last week that this shakeup only granted him a temporary reprieve from Trump's gripes. "He feels he has been more than patient and that Mo hasn't risen to the occasion despite many opportunities to do so," said one unnamed person close to Trump.  

But things intensified last week when Trump began to publicly discuss yanking his "Complete and Total" endorsement over the August comments. Brooks responded by saying that Trump had been told "that there are mechanisms by which he could have been returned to the White House in 2021 or in 2022, and it's just not legal." An unnamed Trump advisor told CNN afterwards that a Republican saying that the 2020 election couldn't be overturned represented a "cardinal sin," and that Brooks had just said "the quiet part out loud and it might cost him (Trump's) support." Brooks himself last week used his very first ad of the race to proudly showcase the Jan. 6 speech he delivered to the pro-Trump rally that preceded the day’s violence, but that messaging wasn't enough to keep Trump on his side.

Things got even worse for Brooks on Tuesday when the Republican firm Cygnal released a survey for the Alabama Daily News and Gray Television that showed the former frontrunner in a distant third place. Durant led with 35%, while Britt led Brooks 28-16 for the second spot in an all-but-assured June runoff; last August, before Durant joined the race, the firm showed Brooks crushing Britt 41-17.

There's no word if those ugly numbers influenced Trump, but he announced just a day later that he was finally done backing Brooks. The congressman himself responded with a statement saying, "President Trump asked me to rescind the 2020 elections, immediately remove Joe Biden from the White House, immediately put President Trump back in the White House, and hold a new special election for the presidency." He continued, "As a lawyer, I've repeatedly advised President Trump that January 6 was the final election contest verdict and neither the U.S. Constitution nor the U.S. Code permit(s) what President Trump asks. Period." Brooks also declared that Trump has allowed Senate Minority Leader Mitch McConnell to "manipulate" him.

The Downballot

Joining us on The Downballot for this week’s episode is Jessica Post, the president of the Democratic Legislative Campaign Committee—the official arm of the Democratic Party dedicated to winning state legislatures nationwide. Jessica talks with us about how the DLCC picks its targets and helps candidates, the impact of freshly un-gerrymandered maps in Michigan and Pennsylvania, and how Democrats are protecting vulnerable seats in a challenging midterm environment.

Co-hosts David Nir and David Beard also discuss yet another shameful redistricting ruling from the Supreme Court, Donald Trump pulling the plug on Mo Brooks' Senate campaign in Alabama, and a brand-new special election for the top prosecutor's post in America's fourth-largest county. You can listen to The Downballot on all major podcast platforms, and you can find a transcript right here.

Redistricting

WI Redistricting: The U.S. Supreme Court struck down Wisconsin's new legislative maps in an unsigned "shadow docket" opinion on Wednesday, ruling that the state Supreme Court had violated the Voting Rights Act when it selected a map for the state Assembly earlier this month that would increase the number of Black-majority districts in the Milwaukee area from six to seven. However, the high court rejected a separate challenge on different grounds to the state's new congressional map.

As a result, the Wisconsin Supreme Court will now have to either pick new legislative maps or provide further evidence in support of the plans it originally selected, which were submitted by Democratic Gov. Tony Evers. But as election law expert Rick Hasen noted, in a piece calling Wednesday's ruling "bizarre on many levels," the U.S. Supreme Court is using the Wisconsin case to "chip away at the Voting Rights Act." That suggests the justices would be hostile to the Evers maps no matter what additional arguments the Wisconsin court might adduce.

The decision also showcases the high court's stark hypocrisy: Six weeks ago, the Supreme Court blocked a lower federal court ruling ordering Alabama to redraw its congressional map in order to create a second Black congressional district, as mandated by the Voting Rights Act—the same law the Wisconsin Supreme Court cited as motivating its choice of maps. At the time, Justice Brett Kavanaugh explained in a concurring opinion that the lower court's order in the Alabama case had come too close to the election for the state to revise its existing map, which included only a single district with a Black majority.

Now it's late March, yet the Supreme Court has nevertheless seen fit to send Wisconsin back to the drawing board. There's simply no legitimate reason for the differing outcomes: The original lower court ruling in Alabama came down four months before the state's primary, while the Wisconsin Supreme Court's decision was issued just five months ahead of the primary there. In both cases, however, Republican interests benefit, and the cause of Black representation suffers.

Senate

NC-Sen: Rep. Ted Budd, aka the far-right congressman running for Senate that Trump still backs, is running a spot for the May primary based around his support for finishing Trump's border wall.

NH-Sen: Bitcoin millionaire Bruce Fenton tells Politico that he's considering entering the September Republican primary to face Democratic incumbent Maggie Hassan and would self-fund $5 million if he gets in. Felton adds that he'll decide early next month after, naturally, the Bitcoin 2022 gathering.

NV-Sen, NV-Gov: The Club for Growth has released a WPA Intelligence survey of the June Republican primary that gives its endorsed Senate candidate, former Attorney General Adam Laxalt, a wide 57-19 lead over Army veteran Sam Brown.

The Club also takes a look at the race for governor, where it has yet to take sides: WPA shows Clark County Sheriff Joe Lombardo leading former Sen. Dean Heller 28-22, with North Las Vegas Mayor John Lee at 13%. A recent PPP survey for the Democratic Governors Association had Lombardo ahead with a similar 26%, while Heller and Lee tied with 13% each.

Governors

GA-Gov: Newt Gingrich has waded into his home state's May Republican primary for governor by backing former Sen. David Perdue's intra-party bid against incumbent Brian Kemp.

MD-Gov: Former Prince George's County Executive Rushern Baker has publicized a GQR internal of the twice-delayed Democratic primary, which is now set for July, that shows him trailing state Comptroller Peter Franchot 23-15; former Democratic National Committee chair Tom Perez and former nonprofit head Wes Moore aren't far behind with 11% and 10%, respectively. Baker, who was the runner up in the 2018 primary, has released these numbers to argue that he's the strongest alternative to Franchot.

On the Republican side, termed-out Gov. Larry Hogan has endorsed former state Commerce Secretary Kelly Schulz, whom the Washington Post called his "handpicked candidate" last year.

PA-Gov: State Senate President Pro Tempore Jake Corman's newest spot for the May Republican primary consists of him calling for the impeachment of Larry Krasner, Philadelphia's reform-minded district attorney.

House

CO-08: While Adams County Commissioner Chaz Tedesco initially sought to collect signatures to qualify for the June Democratic primary ballot for this new seat, he didn't end up turning in enough petitions before last week's deadline. Tedesco will instead seek to advance by competing at the April 5 party convention, where he'll need to win the support of at least 30% of the delegates in order to keep his candidacy alive.

The other major Democratic candidate is state Rep. Yadira Caraveo, who did turn in the requisite number of petitions. She's also competing for the party endorsement next month, but she'll make it to the primary ballot as long as she wins at least 10% of the delegates.

FL-07: Longtime congressional aide Rusty Roberts announced this week that he was entering the Republican primary to succeed retiring Democratic Rep. Stephanie Murphy. Roberts previously served as chief of staff for John Mica, the Styrofoam-obsessed Republican whom Murphy unseated in 2016. (Politico wrote during that campaign that Mica "obsessively hordes throwaway coffee cups in his office and home, insisting that his companions reuse the same paper or Styrofoam carries because 'it's recyclable!'")

MO-01: Republican state Senate President Pro Tem Dave Schatz told the St. Louis Post-Dispatch earlier this month that Democratic state Sen. Steven Roberts wants lawmakers to modify the boundaries of the safely blue 1st District to strengthen his chances for a potential primary campaign against Rep. Cori Bush. Roberts rejected Schatz's claim about his interest in shaping redistricting, though he did not deny he was considering a campaign against the high-profile freshman. "Is this on the record or off the record?" he asked a reporter, and when he was informed he was on the record, Roberts simply said he was focused "on my legislative duties."

Roberts appeared in the news again on Monday when The Intercept reported that someone with an IP address in the Missouri Office of Administration edited Roberts' Wikipedia page to delete a section describing how he'd been accused of sexual assault by two different women in 2015 and 2017, though he was never charged. A spokesperson for Roberts denied any knowledge of the edits and also deflected a question about a possible campaign against Bush. Missouri's candidate filing deadline is still set for March 29 even though the GOP-run legislature hasn't yet passed a new congressional map.

NC-13: Law student Bo Hines uses his first spot for the May Republican primary to talk about his time as a college football player and to inform the viewer that he's Donald Trump's endorsed candidate. The spot features a montage of Hines jumping rope, lifting weights, and, in one weird moment at the 12-second mark, apparently talking to himself in the mirror.

NJ-11: For the second cycle in a row, former Kinnelon Council President Larry Casha has dropped out of the Republican primary to face Democratic incumbent Mikie Sherrill.

TN-05: Maury County Mayor Andy Ogles has announced that he's joining the August Republican primary for the open 5th District, which Republicans recently transformed from blue to red by cracking apart the city of Nashville. Ogles is a former state director for the Koch network's Americans for Prosperity, and he launched a primary bid in 2017 against Sen. Bob Corker days before the incumbent decided to retire. Ogles, though, attracted little attention in the new open seat race from the Kochs or anyone else, and he soon dropped out and launched a successful bid for Maury County mayor.

Ogles, who established himself as a loud opponent of Gov. Bill Lee's pandemic measures, responded to Lee's summer declaration that school districts could decide for themselves if a mask mandate would be required in elementary schools by calling for the legislature to hold a special session to address his "continued abuses of power." Ogles also didn't rule out a primary campaign against Lee before the new congressional maps were unveiled, but he soon shifted his focus to the 5th District.

Ogles joins a contest that includes former state House Speaker Beth Harwell; businessman Baxter Lee; retired Brig. Gen. Kurt Winstead; music video producer Robby Starbuck; and Trump's choice, former State Department spokesperson Morgan Ortagus. Ortagus' campaign, though, has attracted scorn from plenty of loud conservatives who have cast the recent Tennessee arrival as an outsider.

Ortagus gave her critics some fresh material last month when, during an appearance on Michael Patrick Leahy's conservative radio show, she bombed the host's quiz about the new district and state. Among other things, Ortagus couldn't answer when asked which "three interstate highways" are in the 5th, the names of the four living former Republican governors (she only got Lee's predecessor, Bill Haslam), and the identity of "[o]ne of the most famous NASCAR drivers living today [who] lives in the 5th District and has a large auto dealership in Franklin." (The answer is Darrell Waltrip.)

Each chamber of the state's GOP-dominated legislature has also passed a bill that would impose a three-year residency requirement on congressional candidates, and while its state House sponsor denied it had anything to do with any specific contender, observers were quick to note that it would keep Ortagus off the ballot. However, while the Senate version would take effect this cycle, the House bill wouldn't come into force this year. It likely wouldn't matter what the legislature ends up agreeing to, though, because of a 1995 Supreme Court decision that ruled that states cannot add further qualifications to candidates for Congress that aren't in the U.S. Constitution.

VT-AL: Sianay Chase Clifford, who is a former aide to Massachusetts Rep. Ayanna Pressley, announced last week that she was joining the August Democratic primary for Vermont's open House seat and campaigning as "a real progressive option." Chase Clifford, who is 27, moved to the Bay State for college, and she returned to Vermont during the pandemic. The candidate, whose mother is from Liberia, would be the first Black person to represent the state in Congress.

Attorneys General

GA-AG: Donald Trump has endorsed Big Lie proponent John Gordon, who renewed his law license last year to try to help Trump overturn his Georgia defeat, against Attorney General Chris Carr in the May Republican primary. Carr warned his counterparts in other states against joining Texas Attorney General Ken Paxton's lawsuit to throw out the results in Georgia and other states Biden won, and Trump lashed out Tuesday by saying the incumbent did "absolutely nothing" to aid him.

Gordon, writes the Atlanta Journal-Constitution, "has little statewide profile," though he does have a close connection to another Trump ally. The paper reports that former Sen. David Perdue, who is trying to deny renomination to Gov. Brian Kemp, lives on property owned by Gordon because his own place is undergoing construction, though Perdue denied he had anything to do with this endorsement.

Carr and Gordon are the only Republican candidates, so this contest will be decided without a runoff. On the Democratic side, state Sen. Jen Jordan is the undisputed frontrunner against attorney Christian Wise Smith.

ID-AG: The Club for Growth has dropped a survey from WPA Intelligence that shows former Rep. Raúl Labrador, who was one of the far-right's most prominent members during the tea party era, lapping five-term Attorney General Lawrence Wasden 35-14 in the May Republican primary. The Club hasn't made an endorsement, though it supported Labrador in his unsuccessful 2018 bid for governor.

Prosecutors

Maricopa County, AZ Attorney: Three more GOP candidates have announced that they'll run in this year's special election to succeed their fellow Republican, soon-to-be-former County Attorney Allister Adel: City of Goodyear Prosecutor Gina Godbehere, attorney James Austin Woods, and prosecutor Rachel Mitchell. Republicans need to turn in just over 4,500 valid signatures by April 4 in order to make the primary ballot; Anni Foster, who is Gov. Doug Ducey's general counsel, launched her own bid earlier this week.

Godbehere on Tuesday earned a supportive tweet from former TV anchor Kari Lake, the far-right conspiracy theorist that Donald Trump is supporting for governor. Woods, for his part, is the son of the late Grant Woods, who served as state attorney general from 1991 to 1999. That link may not be helpful with GOP primary voters, though, as the elder Woods was a vocal Trump critic who became a Democrat in 2018.

Finally, Mitchell is a longtime sex crimes prosecutor who attracted national attention during Brett Kavanaugh's 2018 Supreme Court hearings when the all-male Republican members of the Senate Judiciary Committee brought her in as a "female assistant" to question him and accuser Christine Blasey Ford. She went on to tell the GOP senators that no "reasonable prosecutor" would prosecute Kavanaugh for sexual assault.

The next year Mitchell temporarily served as Maricopa County attorney after Bill Montgomery resigned to join the state Supreme Court: Both she and Godbehere were named as finalists for the appointment for the final year of his term, but Adel was ultimately selected. Mitchell made news again last month when she was one of the five division chiefs to tell their boss to resign due to serious questions about her sobriety and ability to serve as the county's top prosecutor.

On the Democratic side, 2020 nominee Julie Gunnigle said Tuesday that she'd already collected the requisite petitions in less than 24 hours.