Morning Digest: Why two conservative Arizona justices could lose this fall

Posted on April 11, 2024 by Daily Kos Elections

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

Subscribe to The Downballot, our weekly podcast

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Leading Off

● AZ Supreme Court: Arizona voters will likely have the chance to overturn their state Supreme Court's new ruling banning nearly all abortions when they head to the polls this fall, but they'll also have the opportunity to reshape the court itself.

As Bolt's Daniel Nichanian points out, two of the justices who voted with the majority will be up for election to new six-year terms in November, Clint Bolick and Kathryn Hackett King. They won't have actual opponents, though, but rather will face what are known as "retention" elections. Under this system, which is used for members of the judiciary in many states, voters are presented with a simple "yes/no" question asking whether a particular judge should "be retained in office."

It's rare for judges to lose retention elections, but it's also rare for a state supreme court to thrust itself into the national limelight the way that Arizona's just did. And abortion will be a top—if not the top—issue this year in Arizona, particularly because reproductive rights supporters say they've already collected enough signatures to place a measure on the November ballot that would enshrine the right to an abortion into the state constitution.

Should Bolick or Hackett King lose, Democratic Gov. Katie Hobbs would be able to appoint replacements, drawn from a list created by the state's Commission on Appellate Court Appointments. But while that commission is, under the state constitution, supposed to be politically diverse, Hobbs' Republican predecessor, Doug Ducey, stacked the board with nominal independents who have ties to the GOP.

Hobbs could reshape the commission with her own appointments, which implicates yet another set of important Arizona elections. Commission members must be approved by the state Senate, which Republicans control by a narrow 16-14 majority. Every member of the Senate, though, will be up for election this year. With abortion so salient—GOP leaders have refused to consider legislation—reversing the court's ban—Democrats have a strong chance of flipping the chamber.

It would, however, be some time before the court could see a majority of Democratic appointees, though such a shift is by no means impossible. The two dissenters in the abortion case, Chief Justice Robert Brutinel and Vice Chief Justice Ann Timmer, will hit the mandatory retirement age of 70 in 2028 and 2030, respectively. Should Hobbs win reelection in 2026, she'd get to fill those vacancies as well. (Bolick, should he survive retention, would face mandatory retirement in 2027, while Hackett King would not do so until 2050.)

The Downballot

It's only April, but the Washington Post's new report on GOP golden boy Tim Sheehy is a strong contender for the craziest political story of the year. On this week's episode of "The Downballot," co-hosts David Nir and David Beard dissect the countless contradictions in Sheehy's tales about a bullet wound that he either received in Afghanistan or in a national park three years later. The Davids also explain why the Arizona Supreme Court's appalling new ruling banning nearly all abortions could lead to two conservative justices losing their seats this fall.

Our guest this week is Sondra Goldschein, who runs the Campaign for a Family Friendly Economy, an organization dedicated to improving America's badly lagging "care infrastructure." Goldschein explains how issues like paid medical leave laws and greater access to childcare affect an enormous swath of the electorate—and why they're closely tied to voters' perceptions of their economic fortunes. She also highlights candidates her group is working to elect to make these policies a reality.

Subscribe to "The Downballot" wherever you listen to podcasts to make sure you never miss a show. You'll find a transcript of this week's episode right here by Thursday afternoon. New episodes every Thursday morning!

1Q Fundraising

DE-Sen: Lisa Blunt Rochester (D): $1 million raised
MA-Sen: Elizabeth Warren (D-inc): $1.1 million raised, $4.4 million in cash on hand
MD-Sen: Larry Hogan (R): $3.1 million raised (in 51 days)
AZ-06: Kirsten Engel (D): $1.2 million raised, $1.8 million cash on hand
CA-40: Young Kim (R-inc): $1.3 million raised, $3 million cash on hand
CO-05: Jeff Crank (R): $300,000 raised, $225,000 cash on hand
IL-17: Eric Sorensen (D-inc): $745,000 raised, $2.1 million cash on hand
MD-06: Joe Vogel (D): $231,000 raised, $235,000 cash on hand
NE-02: Tony Vargas (D): $777,000 raised, $1.6 million cash on hand
PA-17: Chris Deluzio (D-inc): $750,000 raised, $1.45 million cash on hand
VA-10: Eileen Filler-Corn (D): $370,000 raised, $430,000 cash on hand
WA-05: Michael Baumgartner (R): $400,000 raised (in one month)

Senate

● MD-Sen: Attorney General Anthony Brown announced Wednesday that he was supporting Rep. David Trone in the May 14 Democratic primary, a declaration that Trone made public in a campaign ad. Brown is arguably the most prominent Black politician who has opted to support Trone, who is white, over Prince George’s County Executive Angela Alsobrooks, who would be Maryland's first Black senator.

But while most of the state's political establishment is backing Alsobrooks, Brown and Trone are longtime allies. As a member of the House in 2018, Brown endorsed Trone in the primary for a nearby seat, and as Time's Eric Cortellessa reminds us, the wealthy Trone financed ads to help his colleague's successful 2022 bid for attorney general.

● MT-Sen: VoteVets has already launched what Politico reports is a $200,000 ad buy focused on a truly bizarre Washington Post story about former Navy SEAL Tim Sheehy and a gunshot injury.

The Republican is shown saying, "I have a bullet stuck in this arm still from Afghanistan," before a narrator says Sheehy may have actually been wounded in a parking lot at Glacier National Park. "Sheehy told investigators the bullet in his arm is from a gun falling and firing on a family hiking trip," the voiceover continues. "Come on, Tim, it's one more shady story that doesn't add up."

Governors

● NC-Gov: Quinnipiac University's first look at the race for governor shows Democrat Josh Stein leading Republican Mark Robinson 48-41, with Libertarian Mike Ross and Green Wayne Turner at 4% and 2%, respectively. The omission of those two third-party candidates doesn't make much of a difference, though, as the school shows Stein ahead by a similar 52-44 margin in a head-to-head contest. Respondents favor Donald Trump over Joe Biden 41-38 in a five-person field and 48-46 when only major candidates are included.

This is the largest lead for Stein that we've seen in any poll, and it's also considerably different from what other surveys have shown over the last month. An early March poll from the conservative firm Cygnal showed Robinson up 44-39, while SurveyUSA and Marist College found Stein ahead only 44-42 and 49-47, respectively.

● WV-Gov: Campaign finance reports for the first quarter of the year are now in, and MetroNews has rounded up the numbers for all the major Republicans competing in the May 14 primary for West Virginia's open governorship:

Attorney General Patrick Morrisey: $876,000 raised, $1.7 million cash on hand
Former Del. Moore Capito: $337,000 raised, $1.1 million cash on hand
Businessman Chris Miller: $216,000 raised, additional $50,000 self-funded, $1.2 million cash on hand
Secretary of State Mac Warner: $73,000 raised, $193,000 cash on hand

Huntington Mayor Steve Williams, who has the Democratic side to himself, raised $18,000 and ended March with $21,000 in the bank.

House

● CA-16: A pair of voters unexpectedly requested a recount on Tuesday, just days after election authorities certified that both Assemblymember Evan Low and Santa Clara County Supervisor Joe Simitian would advance to an all-Democratic general election with former San Jose Mayor Sam Liccardo. However, it remains to be seen if any recount will actually take place.

Politico explains that California requires anyone who asks for a recount to pay for it before the April 15 deadline. If payment isn't submitted by then, the current results of the March 5 top-two primary that have Low and Simitian tied for second place would stand. (California, unlike many states, does not have automatic recounts no matter how close a race is.)

Election officials in Santa Clara County, which forms 84% of the 16th District by population, say that a 10-day manual recount would cost a total of $320,000. A five-day machine recount would have a considerably smaller $84,200 price tag, but the Mercury News' Grace Hase writes that such a process is less likely to catch any tabulation errors.

San Jose Spotlight's Jana Kadah adds that a manual recount would cost another $85,000 in San Mateo County, which forms the balance of the district. (It's not clear how much a machine recount in San Mateo would be.)

One of the two requesters, former San Mateo County Board of Supervisors candidate Dan Stegink, told Hase he was willing to pay for a recount. Santa Clara County officials also say they don't know if Stegink could split the cost with the other requester, 2020 Biden Delegate Jonathan Padilla.

Low's campaign was quick to highlight that Padilla worked on Liccardo's 2014 bid to lead San Jose to argue that the former mayor was behind the recount request. Low's team also invoked a very different politician in slamming the request. "This is a page right out of Trump’s political playbook using dirty tricks to attack democracy and subvert the will of the voters," the campaign said in a statement.

Liccardo's campaign denied it had asked Padilla to do anything, but a spokesperson didn't sound upset about the development. "We understand why, under these extraordinary circumstances, there would be an effort to make sure these votes are fully considered," said a Liccardo consultant.

Simitian, by contrast, didn't express a preference either for or against a recount. "Eventually, this process will work itself out," he said in a statement.

Hase also obtained an early April Liccardo internal poll from Lake Research Partners that shows him leading Low 26-21, with Simitian at 20%. The story did not include results testing Liccardo in one-on-one matchups.

Kadah previously reported on Monday that another firm, McGuire Research, has been testing Liccardo in various scenarios. There's no word on the results or the client, but the existence of the poll led to speculation that the former mayor or his allies were trying to determine whether he'd benefit if only one of his opponents were to advance―speculation that only intensified when Stegink and Padilla filed their recount requests a day later.

● MD-06: Del. Joe Vogel is airing what appears to be the first negative TV ad of the May 14 Democratic primary for Maryland's open 6th District, and the Washington Post's Katie Shepherd reports he's spending $35,000 to link former Commerce Department official April McClain Delaney to hardline Republicans.

The ad, which Maryland Matters says is Vogel's first television commercial, opens with the candidate declaring that "every Democrat for Congress" has a similar agenda, which is an unusual line for any campaign ad. However, he continues, "The difference is our approach. McClain Delaney donates to extreme Republicans and is friends with Tucker Carlson and Paul Ryan."

The 27-year-old lawmaker goes on, "I come from the school shooting generation, where we know you can’t hope politicians do the right thing. You have to make them." Vogel does not mention any of the other 12 Democratic candidates seeking to replace David Trone, who is running for Senate.

Vogel, writes Shepherd, previously deployed some of these arguments against McClain Delaney at debates. McClain Delaney has countered that her bipartisan friendship with the Ryan family began when her husband, former Rep. John Delaney, and the Wisconsin Republican served together in the House.

Vogel has also faulted McClain Delaney for making a contribution to Jim DeMint, a South Carolina Republican who was once one of the most prominent ultra-conservatives in the Senate, in 2005. (DeMint resigned in 2013 to lead the Heritage Foundation.) Shepherd says that Delaney responded by shaking her head and "at one point throwing her hands into the air" during the debate, though she did not dispute the donation.

As for Carlson, Vogel's ad cites a 2018 piece from MOCO 360 about John Delaney's longshot White House bid that identified the far-right media personality as a friend of the then-congressman. The story did not touch on McClain Delaney's connection to the former Fox News commentator.

Vogel launched this spot around the same time that he released a mid-March GBAO internal that showed Delaney leading him 17-10, with a 48% plurality undecided. We haven't seen any other polls here all year.

Delaney, for her part, began airing ads a month ago, and she uses her most recent spot to tout herself as someone who will protect children from "Big Tech." Shepard says the only other Democratic candidate who has taken to the airwaves is Ashwani Jain, a former Obama administration official who won just 2% in the 2022 primary for governor.

● MI-03: A super PAC called West Michigan For Change announced Wednesday that it had taken in $1 million to promote attorney Paul Hudson, who is the leading Republican running to take on freshman Democratic Rep. Hillary Scholten. The group, which did not bring in any money last year, did not say where the influx of cash came from.

Joe Biden carried this constituency 53-45 in 2020, and Scholten's 55-42 victory two years later made her the first Democrat to represent a Grand Rapids-based seat in the House since the mid-1970s. Scholten's allies at House Majority PAC don't seem convinced that those decisive wins mean this seat is out of reach for the GOP, however, as the group recently booked $1.3 million in ad time for the Grand Rapids media market.

● NH-02: Businessman Vikram Mansharamani became the first notable Republican to launch a bid to succeed retiring Democratic Rep. Annie Kuster on Wednesday, though his last campaign for office was anything but impressive. Mansharamani self-funded about $300,000 last cycle in his bid to take on Democratic Sen. Maggie Hassan, but he ended up taking a distant fourth place in the primary with less than 8% of the vote.

Mansharamani is also unlikely to be the last Republican to join the September primary. The Union Leader reports that state Rep. Joe Sweeney and 2014 nominee Marilinda Garcia are considering, though there are no quotes from either would-be candidate.

On the Democratic side, Concord Mayor Byron Champlin and businessman Gary Hirshberg this week joined Kuster in endorsing former Executive Councilor Colin Van Ostern rather than running themselves.

● NJ-10: Democratic Rep. Donald Payne's office said Tuesday evening that he'd "suffered a cardiac episode based on complications from his diabetes during the weekend," but that his "prognosis is good and he is expected to make a full recovery." Payne is seeking reelection this year in New Jersey's safely Democratic 10th District.

● Filing: Candidate filing closed in five more states over the last week: April 4 was the deadline in New York, Tennessee, and Virginia, while the respective deadlines for Oklahoma and North Dakota were April 5 and April 8. We'll have more on each state below.

● New York: While the state publishes a list of candidates who filed to run for Congress in the June 25 primary, it doesn't include all House seats. That's because candidates running for a district contained entirely within either a single county or New York City file with their local election authorities, while everyone else files with the state.

Under the new congressional map, 11 districts (the 5th through the 15th) are located wholly within the city, while the only two single-county seats anywhere else in the state are the 1st District in Suffolk County and the 4th District in Nassau County. Election authorities in those jurisdictions have not released candidate lists yet, though Politics1 has compiled an unofficial roster for each seat.

There are no reports of any big names launching last-second campaigns, which isn't a surprise in a state where getting on the ballot can be a challenge. Most major party congressional candidates were required to hand in 1,250 valid signatures to compete in the primary, though Republicans running in the dark blue 13th and 15th Districts had a smaller target to hit because their party has so few registered voters in those constituencies.

Not everyone who submitted petitions by Thursday will necessarily make the primary ballot, however, because campaigns have long been aggressive about going to court to challenge the validity of their opponent's signatures. One former leader of the Brooklyn Democratic Party expressed a common view of this age-old practice in a 2022 interview with City & State.

"Fuck them!" Frank Seddio said of anyone who might get knocked off the ballot for a lack of signatures. "Breathing shouldn't be the only qualification for running for office."

● North Dakota: Former Miss America Cara Mund filed to run for North Dakota's only House seat as a Republican about half an hour before the deadline, telling the North Dakota Monitor that there weren't any moderates competing in the June 11 primary.

Mund, a supporter of abortion rights, ran against GOP Rep. Kelly Armstrong in the 2022 general election as an independent candidate and wound up as his only opponent after the Democratic nominee dropped out. Mund's effort attracted national attention, but Armstrong went on to fend her off by a 62-38 margin in this dark red state. That performance was significantly better than Joe Biden's landslide 65-32 loss two years earlier, but it still fell far short of victory.

The GOP field to succeed Armstrong, who is running for governor, consists of former State Department official Alex Balazs, former state Rep. Rick Becker, Public Service Commissioner Julie Fedorchak, and one minor candidate. Democrats are running Marine Corps veteran Trygve Hammer and perennial candidate Roland Clifford Riemers.

The GOP primary to replace retiring Gov. Doug Burgum, meanwhile, remains a duel between Armstrong and Burgum's choice, Lt. Gov. Tammy Miller, while state Sen. Merrill Piepkorn has the Democratic side to himself.

● Oklahoma: Republican Sen. Markwayne Mullin and each of the five members of Oklahoma's all-Republican House delegation are seeking reelection, and there's no indication any of them have anything to worry about in either the June 18 primary or the November general election. An Aug. 27 runoff would take place in any primary where no one earns a majority of the vote.

● Tennessee: The biggest news in the Volunteer State was Davidson County Metro Councilmember Courtney Johnston's decision to challenge freshman Rep. Andy Ogles in the Aug. 1 Republican primary for the 5th District, a development we covered in a recent Digest. She's not Ogles' only intra-party challenger, though, as cybersecurity executive Tom Guarente is also in.

Guarente has attracted relatively little attention, but his presence on the ballot could cost Johnston enough support to allow the incumbent to win with a plurality. (Unlike many Southern states, Tennessee does not use primary runoffs.) The eventual winner will be favored in the general election for a seat that Donald Trump carried 55-43 in 2020.

Over in the dark red 8th District in West Tennessee, GOP Rep. David Kustoff learned last week that he'd once again face a primary battle against radiologist George Flinn, a self-funding perennial candidate who owns a network of radio and TV stations. Flinn, who served on the Shelby County Commission in the 2000s, had already waged several well-funded but doomed campaigns when he entered the 2016 primary to replace retiring Rep. Stephen Fincher in the prior version of the seat.

Flinn's resources were almost enough to propel him to victory in what was a packed race, but Kustoff edged him out 27-23. Flinn tried again two years later, but Trump's support helped Kustoff win an expensive rematch 56-40. Flinn went on to take just 3% in the 2020 Senate primary, secure 2.5% as an independent in the 9th District against Democratic Rep. Steve Cohen, and wage an abortive 2023 bid for mayor of Memphis.

Republican Rep. Tim Burchett, by contrast, found out he'd have no primary opposition in the 2nd District, an East Tennessee constituency that hasn't elected a Democratic representative since 1852. There was talk earlier this year that Kevin McCarthy and his allies would target Burchett, who was one of the eight Republicans who voted to end McCarthy's speakership in October. However, they never found a backup candidate after former state Rep. Jimmy Matlock announced in February that he wouldn't run.

● Virginia: The Virginia Department of Elections says that it will post its list of candidates "on, or shortly after April 15." Primaries will take place on June 18. For the first time in many years, Republicans will rely on state-run primaries to pick all of their candidates, eschewing conventions or party-run "firehouse" primaries. (Democrats, who have almost always preferred traditional primaries, will also use them exclusively.)

Ad Roundup

FL-Sen: Rick Scott (R-inc) (in English and Spanish)
MT-Sen: Jon Tester (D-inc)
OH-Sen: Sherrod Brown (D-inc)
CO-04: Lauren Boebert (R-inc)
PA-17: Summer Lee (D-inc)

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

Posted on January 12, 2023 by Daily Kos Elections

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

Subscribe to The Downballot, our weekly podcast

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Leading Off

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

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

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

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

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

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

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

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

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

The Downballot

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

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

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

Senate

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

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

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

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

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

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

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

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

Governors

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

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

House

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

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

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

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

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

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

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

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

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

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

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

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

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

Legislatures

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

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

Mayors and County Leaders

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

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

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

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

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

Prosecutors and Sheriffs

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