Category: MarcyKaptur

Morning Digest: Why the field to replace Mitt Romney may soon get a lot smaller

Posted on 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.

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● UT-Sen: The Utah GOP's April 27 convention is coming up quickly, and a newly formed super PAC is trying to make sure Riverton Mayor Trent Staggs' campaign to succeed retiring Sen. Mitt Romney comes to an end at the event well before the June 25 primary.

The Deseret News' Brigham Tomco reports that Hometown Freedom Action Network has spent $17,000 on mailers and text messages to delegates portraying Staggs, who has emphasized his hard-right stances, as disloyal to conservatives. One message faults the mayor for initially supporting Florida Gov. Ron DeSantis for president, declaring, "Betraying Trump is not MAGA." Another blasts Staggs as "woke" for instituting anti-bias training for police officers. It's not clear who is funding the group.

One delegate told Tomco he considers these kinds of attacks from outside groups "frustrating, annoying, and inappropriate." Staggs is hoping others agree because he needs to perform well with delegates if he's to keep his campaign going.

Utah allows candidates to reach the primary ballot by competing at their convention or by collecting signatures, and while candidates can pursue both routes, Staggs is only going with the first option. This means that, should he fail to win the support of at least 40% of the delegates on April 27, his campaign is over. Another hard-right candidate, conservative activist Carolyn Phippen, is also pursuing a convention-only strategy.

It's not clear yet, however, if a third candidate, attorney Brent Orrin Hatch, needs to rely on delegates to get onto the ballot. Hatch, who is the son and namesake of the late Sen. Orrin Hatch, submitted signatures ahead of the April 13 deadline, but election authorities have not yet verified if he turned in the requisite 28,000 valid petitions.

Hatch himself also sounded uncertain if he'd hit this goal at the start of the month. He previously told Tomco the task was "daunting," and that his status was "up in the air."

The convention is far less important for two other Republicans, Rep. John Curtis and former state House Speaker Brad Wilson. Election authorities have verified that each of them turned in enough signatures to make the ballot, though they're each still taking part in the convention.

Hometown Freedom Action Network sent out texts blasting Curtis, who appears to be the least doctrinaire of the candidates, as someone who was "never with President Trump, and never will be." However, it only spent $2,500 on this messaging against the congressman, who will be on the June ballot no matter how well he does at the April 27 gathering.

The Downballot

● It's an old story, but it never gets old: Democrats just whooped Republicans in fundraising—again. This week on "The Downballot" podcast, we're running through some of the most eye-popping numbers Democrats hauled in during the first quarter of the year (Sherrod Brown! Jon Tester! Colin Allred!) and the comparatively weak performances we're seeing from Republicans almost across the board. The GOP hopes to make up the gap by relying on self-funders, but a campaign without a strong fundraising network can be dangerously hollow.

Co-hosts David Nir and David Beard also recap the week's electoral action, starting with victories in a pair of special elections in Michigan that allowed Democrats to reclaim their majority in the state House, plus a noteworthy House runoff in Alabama that could lead to a Black Democrat representing Mobile for the first time since Reconstruction.

The Davids also explain why a surprise retirement from the Wisconsin Supreme Court means progressives need to be on guard against a top-two lockout in yet another critical battle for control of the court. And finally, there's the astonishing three-way House race in California that could soon turn into a humdrum two-way affair thanks to an unexpected recount.

1Q Fundraising

● Fundraising: Daily Kos Elections is pleased to present brand-new charts rounding up first-quarter fundraising numbers for every incumbent and notable challenger running for the House and the Senate this year. The overarching story is a familiar one: Democrats in key races are outraising their Republican rivals almost across the board, sometimes by astonishing margins.

The lopsided Senate battlefield is particularly noteworthy. Compared to the same quarter six years ago, the two most endangered Democratic senators, Montana's Jon Tester and Ohio's Sherod Brown, raised four times as much as they did for their last campaigns. Meanwhile, in Texas, Rep. Colin Allred managed to exceed the already eye-popping records set by Beto O'Rourle in 2018. Check out our charts for the complete picture in both chambers of Congress.

Senate

● MT-Sen: In a follow-up to her absolutely bonkers report about former Navy SEAL Tim Sheehy last week, the Washington Post's Liz Goodwin pokes further holes in the Republican's claims about an alleged bullet wound he suffered.

Sheehy claims he lied about getting shot at a national park in 2015 in order to deter a military investigation into what he says was the true source of his injury—a possible incident of friendly fire in Afghanistan three years earlier—but new documents obtained by the Post include a report from an unnamed person visiting the park who reported "an accidental gun discharge" to the National Park Service.

An attorney for Sheehy disputed whether there had in fact been any such report by a park visitor. Sheehy's campaign previously said it was seeking to obtain copies of his hospital records from the 2015 incident, but the same attorney did not directly respond when asked whether those records had been received.

● NJ-Sen: A three-judge federal appeals panel has upheld a ruling by a lower court last month that barred the use of New Jersey's "county line" system on the grounds that it violates the Constitution. However, that ruling remains in effect solely for the Democratic primary. Barring further legal action, Republicans will still be able to print ballots that give favorable placement to party-endorsed candidates. That state of affairs is likely temporary, though, as a similar ruling applying to Republican primaries is likely at some point.

Governors

● MO-Gov: The Missouri Scout has rounded up campaign fundraising reports covering the first quarter of the year, and the overall story of the Aug. 6 Republican primary for governor remains the same as it's been throughout the entire cycle. Lt. Gov. Mike Kehoe continues to dominate financially even though almost every released survey shows him trailing Secretary of State Jay Ashcroft by double digits. State Sen. Bill Eigel also brought in more money during the quarter than Ashcroft even those polls show him with little support.

Kehoe and his joint fundraising committee this time raised a combined $2.5 million and ended March with a total of $6.3 million. Eigel and his committee outraised Ashcroft and his allies $587,000 to $513,000, though it was Ashcroft's side that finished the quarter with a $2.6 million to $1.7 million cash on hand advantage.

On the Democratic side, state House Minority Leader Crystal Quade and her committee together raised $285,000 and had $391,000 available. Businessman Mike Hamra and his allies together brought in $690,000, which includes $250,000 from the candidate, and ended March with $1.1 million banked.  

House

● CA-16: NBC Bay Area's Jocelyn Moran reports that a newly formed super PAC called Count the Vote is providing the money to finance the ongoing recount into the March 5 top-two primary. It's not clear who is funding the group, but Moran says that the address on its checks matches that of a law firm that used to work for former San Jose Mayor Sam Liccardo.

Liccardo, who is assured a place in the Nov. 5 general election, has continued to deny he has anything to do with the recount even though the person who requested it, Jonathan Padilla, worked for his 2014 campaign and served in his administration. Two of Liccardo's fellow Democrats, Assemblyman Evan Low and Santa Clara County Supervisor Joe Simitian, tied for second place last month, and they'd both advance to the general election unless the recount changes the results.

The recount process began Monday, and it's not clear how long it will take to conclude. While election officials in Santa Clara County, which makes up over 80% of the 16th District, initially told KQED they believed this would be a five-day undertaking, Moran writes that they now think it could last between one and two weeks. Personnel in San Mateo County, which forms the balance of the seat, separately tell ABC 7 they believe their retabulations will be done around April 24.

Officials in Santa Clara and San Mateo tell The Daily Journal that the daily cost in their respective counties is $16,000 and $5,000, though they add it would change depending on exactly what Padilla requests. The process would come to an end if Padilla missed a day's payment, and an incomplete recount would leave the certified results unchanged.

● MD-02: AIPAC, the hawkish pro-Israel group, has endorsed Baltimore County Executive Johnny Olszewski ahead of the May 14 Democratic primary, where his main rival for this open seat is Del. Harry Bhandari. Olszewski has been the frontrunner ever since he launched his bid in January, and he previously earned endorsements from retiring Rep. Dutch Ruppersberger, longtime Rep. Steny Hoyer, and organized labor.

Olszewski also enjoys a large financial advantage over Bhandari. The executive raised $726,000 in the first quarter and finished March with $499,000 on hand, while Bhandari took in $134,000 during this time and ended the period with only $68,000 left to spend.

● MD-03: Retired Capitol Police officer Harry Dunn has publicized an internal poll from Upswing Research and Strategy that shows him leading state Sen. Sarah Elfreth by 22-18, while a 44% plurality of voters undecided ahead of the May 14 Democratic primary for this safely blue open seat. State Sen. Clarence Lam was further back with 8%, while no other candidate in the crowded race exceeded 3%.

Dunn gained national visibility after he helped protect Congress during the Jan. 6 insurrection, and that fame helped him dominate the rest of the field in fundraising. Dunn raised a massive $3.7 million in the first quarter and finished March with $1.7 million on hand. That haul was the third-largest of any House candidate nationwide, and it also was more than the rest of his primary rivals combined.

By contrast, Elfreth raised $502,000 and had $569,000 left to spend. However, Elfreth has also received $1.4 million in outside support from the hawkish pro-Israel group AIPAC, while none of the other candidates have benefited from major outside spending.

Lam, for his part, raised $284,000 and had $505,000 remaining in the bank. Further back, Del. Mike Rogers raised $140,000 and had $171,000 left over, while labor lawyer John Morse raised $116,000 and finished March with $94,000. None of the other candidates took in six-figure sums.

● ME-02: State Rep. Austin Theriault has unveiled an internal poll from Public Opinion Strategies that finds him leading fellow state Rep. Mike Soboleski by 30-7 ahead of the June 11 Republican primary, though a large majority of respondents are undecided. The poll's sample size was just 300 respondents, which is the bare minimum that Daily Kos Elections requires for inclusion in the Digest.

Donald Trump and House Speaker Mike Johnson are supporting Theriault for the nomination to take on Democratic Rep. Jared Golden, and their preferred candidate raised $655,000 in the first quarter to Soboleski's $43,000. Theriault also had $831,000 on hand compared to $48,000 for his rival. However, Golden's haul was even larger at $1 million raised, and he had $2.2 million on hand at the start of April.

● NJ-10: The New Jersey Globe reports that Democratic Rep. Donald Payne has been unconscious and on a ventilator ever since he suffered a heart attack on April 6. The congressman's office on April 9 put out a statement that did not indicate Payne was not conscious, saying instead that his "prognosis is good and he is expected to make a full recovery."

● NY-16: Politico's Jeff Coltin has obtained an internal for Rep. Jamaal Bowman that shows him edging out Westchester County Executive George Latimer 44-43 in the June 25 Democratic primary. The pollster, Upswing Research and Strategy, tells us the survey was conducted March 5 through March 10.

The only other numbers we've seen for this contest came from a late March poll for Latimer's allies at Democratic Majority for Israel, and it showed the executive with a wide 52-35 lead. Both DMFI and its pollster, the Mellman Group, are led by Mark Mellman.

● SC-01, VA-05, AZ-02, OH-09: American Prosperity Alliance, a dark money group that is close to Kevin McCarthy, has begun running TV ads against three Republican incumbents who voted to oust McCarthy from the speakership last year. The ads, which, are focused on immigration, are also running against Democratic Rep. Marcy Kaptur in Ohio's 9th District.

According to AdImpact, the group has spent at least $330,000 against Rep. Nancy Mace, who is trying to fend off former state cabinet official Catherine Templeton in the June 11 primary for South Carolina's 1st District. AdImpact has also tracked another $160,000 that APA is deploying in Virginia's 5th District against Rep. Bob Good, who faces state Sen. John McGuire in the following week's primary.

Meanwhile in Arizona's 2nd District, the group has spent $218,000 so far to weaken incumbent Eli Crane ahead of his July 30 nomination battle against former Yavapai County Supervisor Jack Smith. APA additionally has dropped $150,000 on ads against Kaptur, who she faces a competitive general election against Republican state Rep. Derek Merrin.

Mayors & County Leaders

● Raleigh, NC Mayor: Democratic Mayor Mary-Ann Baldwin announced Tuesday that she would not seek reelection this year and would instead lead a nonprofit. Baldwin, who was successfully treated for breast cancer last year, added that her husband also had multiple surgeries, and that all this convinced her it was "time to devote my energies to myself and my family and to find other ways to serve."

The nonpartisan general election to succeed Baldwin will take place on Nov. 5, and since there's no runoff, it only takes a plurality to become mayor of North Carolina's capital city. Three notable candidates were already running, and they each identify as Democrats.

City Councilman Corey Branch, who describes himself as a "moderate Democrat," launched his campaign in October. He was joined in January by former state Treasurer Janet Cowell, who was once a rising star in North Carolina Democratic politics.

Terrance Ruth, a North Carolina State University professor who lost to Baldwin 47-41 in 2022, also kicked off a second bid a month before the incumbent announced her departure. Ruth argued last cycle that the mayor's administration hadn't done enough to make housing affordable or to listen to residents.

The field also includes mortgage broker Paul Fitts, who is the only Republican in the contest, and two other candidates. The candidate filing deadline is July 19.

Obituaries

● Bob Graham: Bob Graham, a Florida Democrat who rose to prominence during his 26 years as governor and senator, died Tuesday at the age of 87. In our obituary, Jeff Singer recounts the many elections of Graham's long career, including how his famed "Workweeks" helped transform him from relative obscurity into a statewide powerhouse.

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Morning Digest: Landslide wins close out Hawaii’s biggest weekend primaries

Posted on 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.

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● Hawaii: The Aloha State held its primary Saturday, and we have a summary of each of the big contests below.

● HI-Gov: Lt. Gov. Josh Green defeated businesswoman Vicky Cayetano 63-21 in the primary to succeed their fellow Democrat, termed-out Gov. David Ige, while freshman Rep. Kai Kahele notched third with 15%. Green, who continued to work as a physician after going into politics, had a large media presence throughout the worst months of the pandemic, and he was the frontrunner from the start.

Green remains the favorite in November against former Lt. Gov. Duke Aiona, a two-time Republican nominee who scored a 50-26 victory over Ultimate Fighting Championship champion B.J. Penn. Aiona was defeated by former Rep. Neil Abercrombie 58-41 in the 2010 general election, and Aiona lost his chance for a rematch four years later when Ige beat the unpopular Abercrombie in the primary. Both parties believed that Aiona still had a real shot with another GOP wave looming and with conservative Democrat-turned-independent Mufi Hannemann threatening to siphon off votes from the Democratic ticket, but Ige turned back Aiona 49-37.

Joe Biden carried Hawaii 64-34 (he took each of the state’s two congressional districts by that same margin), and national Republicans haven’t shown any obvious sign of interest in targeting this seat again. Indeed, the RGA didn’t even respond for a Washington Post article that ran just before the primary.

● HI-01: Blue Dog Democrat Rep. Ed Case held off attorney Sergio Alcubilla by a lopsided 83-17 margin in this Honolulu-based seat. Alcubilla, who ran to Case’s left, had the backing of a few big unions, but he raised little himself and never attracted any serious outside spending.

● HI-02: Former state Sen. Jill Tokuda beat state Rep. Patrick Branco 58-25 in the Democratic primary to replace Kai Kahele in a constituency that includes northern Oahu and all of the state’s other islands.

Tokuda, who lost a tight 2018 primary to lieutenant governor to Josh Green, entered the race as the frontrunner, but a quartet of major outside groups—VoteVets, the Congressional Hispanic Caucus, Web3 Forward, and Mainstream Democrats PAC— spent a total of $1.2 million to elevate Branco or attack her. While this ad barrage represented a truly massive amount for a Hawaii congressional race, it turned out to be far from enough to stop Tokuda.

Senate

● FL-Sen: Democratic Rep. Val Demings' allies at EMILY's List have publicized a poll from Change Research that shows her deadlocked 46-46 against Republican incumbent Marco Rubio, a release that came days after two progressive groups unveiled their own survey from Clarity Campaigns that found a 45-45 tie. We have not seen any independent polls of this contest since winter.  

● NC-Sen: NBC reports that Republican Ted Budd and the NRSC will launch a joint ad campaign for $750,000, which will make this Budd's first TV commercial since he won the primary all the way back in May. Democrat Cheri Beasley, by contrast, has deployed $4.7 million since she won the nomination, though the NRSC has spent $6.3 million against her.

House

● AK-AL: Anchorage Mayor Dave Bronson, a Republican whose city is home to about 40% of the state's population, has endorsed businessman Nick Begich III ahead of Tuesday's instant-runoff special.

Meanwhile another Republican, former state Interior Department official Tara Sweeney, announced Friday that she'd registered with the state as an official write-in candidate for the special "after repeated requests from supporters," though she said her main focus would be to advance out of the top-four primary for a full two-year term.

● FL-01: Self-funding businessman Mark Lombardo's latest commercial against Republican incumbent Matt Gaetz opens with the primary challenger declaring, "As a member of Congress, Matt Gaetz took an oath to protect America's secrets. He broke that oath when he engaged in illicit behavior on foreign soil, leaving himself vulnerable to blackmail and putting our nation's secrets at risk." Lombardo doesn't let up as the ad goes on, continuing, "To cover up, he paid pedophile Jeffrey Epstein's attorney with donors' cash and pressured Trump for a pardon for any or all crimes."

● FL-13: While 2020 nominee Anna Paulina Luna has always looked like the frontrunner to claim the Republican nomination again on Aug. 23 in this newly gerrymandered seat, attorney Kevin Hayslett's outside group allies are deploying a serious amount to stop her. Florida Politics reports that Stand for Florida, a PAC that was set up in February, has spent $860,000 in recent days, which takes its total investment here all the way up to $1.5 million.

Luna, though, has gotten plenty of outside help herself, as the Club for Growth has dropped over $1.8 million to promote her. Conservative Outsider PAC, which is funded in part by Club donor Dick Uihlein, is also using about $110,000 for a commercial that responds to a recent Hayslett commercial that featured a clip of Luna appearing to praise Obama. The audience sees Luna warning that undocumented immigrants will cost conservatives "this country," before the narrator notes that she's Trump's endorsed candidate.

The only recent poll we've seen here was a late July Hayslett internal that showed him trailing Luna 36-34 for this constituency in the St. Petersburg area.

● FL-23: Broward County Commissioner Jared Moskowitz has earned endorsements from the National Education Association, the Florida Education Association, and the American Federation of Teachers ahead of this month's Democratic primary.  

● NY-01: While Nick LaLota once appeared to have a smooth path through the Aug. 23 GOP primary for this competitive open seat, the chief of staff of the Suffolk County Legislature went up with a commercial against his main intra-party rival, cryptocurrency trader Michelle Bond, earlier this month.

The narrator insists that Bond is a "liberal D.C. lobbyist" with a history of "working for Obama and Biden as a registered Democrat." The spot also declares that Bond "bankrolled a Trump-hating senator [and] lives in a mansion in the Swamp." (That last bit is a reference to Bond's newly purchased estate in Maryland, which she said is one of the "multiple residences" she has.) The rest of the ad promotes LaLota as a loyal Long Island conservative and "Trump conservative."

Bond is airing her own ads (here and here) that tout her as a conservative businesswoman, though they do not mention LaLota. Bond has used her personal wealth to decisively outpace LaLota in the money race, and the outside spending has also very much benefited her. Stand for New York, a group that hasn't gotten involved in any other races, has dropped $580,000 to attack LaLota. Another committee called Crypto Innovation PAC has also spent another $160,000 to promote Bond: The group is funded by crypto notable Ryan Salame, who just happens to be her boyfriend. (Salame has also bankrolled American Dream Federal Action, another super PAC that's gotten involved in other GOP primaries.)

LaLota has not received any super PAC aid, though he does sport endorsements from the local Republican and Conservative parties. The contest to succeed GOP gubernatorial nominee Lee Zeldin also includes government relations firm executive Anthony Figliola, though he's attracted little money or attention. The winner will go up against Suffolk County Legislator Bridget Fleming, who has no Democratic primary opposition, in an eastern Long Island constituency that Biden would have carried by a tiny 49.4-49.2.

● NY-10: Attorney Dan Goldman on Saturday earned the backing of the New York Times, which is arguably one of the few newspaper endorsements still capable of moving voters in a local Democratic primary, ahead of the packed Aug. 23 contest for this safely blue seat based in Lower Manhattan and northwestern Brooklyn. The Times’ nod was especially coveted here: City & State wrote earlier this month, “One campaign said they’ve probably had 20 supporters email or call members of the board to make their case,” while an unnamed operative added, “Everybody lobbies … The question is to what degree.”

Those candidates may have had good reason to lobby. City & State notes that the NYT’s endorsement last year provided a huge lift to then-Sanitation Commissioner Kathryn Garcia in the primary for mayor of New York City and helped establish her as a frontrunner. Garcia still narrowly lost the instant-runoff contest to Eric Adams, but she performed well in areas that overlap with the 10th District as well as the 12th, which is home to another big Democratic primary.

Politico's Joe Anuta also reports that Goldman has so far spent $2.8 million on TV ads, which is a truly massive sum for a campaign taking place in America's priciest media market. Goldman, though, is an heir to the Levi Strauss & Co. fortune, and he has plenty of personal wealth and connections: The candidate, who would be one of the wealthiest members of Congress, has self-funded $4 million so far and raised another $1.5 million from donors through Aug. 3.  

Anuta relays that only one Goldman opponent, 17th District Rep. Mondaire Jones, has joined him on television, and he's deployed a considerably smaller $784,000. The other contenders have stayed off the airwaves, which is a common strategy for candidates running in the massive New York City media market. (Over 20 million people live in this market, and relatively few can vote in the 10th District's primary.)

"You're wasting your spending on 90% of the people who see your ad," explained Matthew Rey, a strategist who isn't involved in this race. He added, "So is it a powerful way to persuasively and effectively reach that other 10%? Yes. But dollar-for-dollar, it's a luxury." Another unaligned consultant, Basil Smikle Jr., was even more skeptical, saying, "In a congressional race where you are expecting turnout to be low, there are much more efficient ways to spend your money than doing a large broadcast buy in the last couple of weeks."

Goldman, though, is betting that voters will indeed react well to his TV spots, including a new piece touting his work in civil rights law and "leading the impeachment of Donald Trump." The commercial also displays Trump's message on his Truth Social platform (which, yes, still exists) reading, "Dan Goldman puts in his ad used in running for Congress that he 'impeached Donald Trump'" to argue, "Donald Trump doesn't want Dan Goldman in Congress, but we do."

● NY-12: The New York Times on Saturday endorsed incumbent Jerry Nadler in his Democratic primary against fellow Rep. Carolyn Maloney and attorney Suraj Patel. 

● NY-17: The New York City Police Benevolent Association, which endorsed Trump in 2020, has spent $310,000 to oppose state Sen. Alessandra Biaggi in her Democratic primary against Rep. Sean Patrick Maloney. The spot labels Biaggi an “anti-police extremist,” which is the type of rhetoric Republicans usually love to throw at Democrats in general elections.

● NY-19 (special): VoteVets has launched what Politico reports is a $450,000 ad buy to aid Democrat Pat Ryan, which makes this Team Blue's first major independent expenditure ahead of an Aug. 23 special election. The narrator echoes Ryan in framing the contest as a choice between a pro-choice candidate and "a Congress that'll pass a nationwide ban on abortion first chance they get." She adds that Ryan, who served with the Army in Iraq "sure didn't fight for our freedom abroad to see it taken away from women here at home."

The NRCC, for its part, is continuing to try to frame Ryan as weak on public safety in its new spot.

● OH-09: Democratic incumbent Marcy Kaptur's latest commercial argues that, while she's fighting to lower drug prices, Republican J.R. Majewski "made a rap video." Yes, you read that right: The QAnon-aligned candidate did indeed star in a piece called "Let's Go Brandon Save America," and Kaptur's spot treats viewers to a mercifully small piece of it. "Not to poke fun at dementia, it's a serious disease," raps Majewski, "But come on, man, squeeze your cheeks when you sneeze." Kaptur's narrator concludes, "We don't need celebrity wannabes, we need serious leaders tackling serious challenges."

● OK-02: The newest commercial in what's turned into a very expensive Aug. 23 Republican runoff is a spot from the Club for Growth affiliate School Freedom Fund starring Texas Sen. Ted Cruz, who extols former state Sen. Josh Brecheen as an ardent "Trump conservative."

This group has deployed $1.8 million during the second round to promote Brecheen, who is a former Club fellow, or rip his opponent, state Rep. Avery Fix, in the contest for this safely red eastern Oklahoma constituency. Two other organizations, Fund for a Working Congress and American Jobs and Growth PAC, have dropped a similar amount to help Frix, who outpaced Brecheen just 15-14 in late June.

Other Races

● GA Public Service Commission: On Friday, an 11th Circuit Court of Appeals panel stayed a recent lower court ruling that had blocked Georgia from holding elections this fall for two seats on its Public Service Commission, which regulates utilities, on the grounds that the statewide election method violated the Voting Rights Act by discriminating against Black voters. The district court ruling had postponed the elections until Georgia lawmakers adopted a district-based election method next year, but the appellate judges ruled that it was too close to November to implement any election changes to ongoing 2022 elections and stayed the lower court's decision while Republican Secretary of State Brad Raffensperger's appeal is pending.

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Morning Digest: Three House incumbents lose renomination during a huge primary night

Posted on by Daily Kos Elections

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

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● IL-06, IL-15, MS-04: Tuesday was one of the biggest primary nights of the cycle, and not just because a trio of House incumbents lost renomination. We’ll start with a look at those three contests below as we begin our summary of where things stood as of 8 AM ET in the big contests. You can also find our cheat-sheet here.

● IL-06 (D & R): Two-term Rep. Sean Casten defeated freshman colleague Marie Newman by a wide 68-29 margin in their Democratic primary for a seat in Chicago's inner western suburbs. Newman’s existing 3rd District makes up 41% of this new seat while Casten's current 6th District forms just 23%, but she was hurt by an ethics investigation into charges she sought to keep a potential primary opponent out of the race when she ran in 2020 by offering him a job as a top aide if she won. The race largely paused about two weeks before Election Day after the congressman's teenage daughter died suddenly and Newman announced that she was halting negative ads.

Casten will face Orland Park Mayor Keith Pekau, who won the GOP nod by beating Burr Ridge Mayor Gary Grasso 39-27, in a constituency Biden would have carried 55-44.

● IL-15 (R): Freshman Rep. Mary Miller, who had support of Donald Trump and the Club for Growth, beat five-term incumbent Rodney Davis 57-43 in a safely red seat in rural central Illinois. While neither member had much of a geographic advantage in this new seat, the far-right Miller proved to be a better fit for local Republicans than Davis, who had long sought to present himself as a moderate in order to win under the previous map and voted for a Jan. 6 commission.

Davis tacked right during this campaign and pledged to investigate the Jan. 6 committee if he became chair of the House Administration Committee, but it was far from enough. Miller, by contrast, told Trump at a rally on Saturday, “I want to thank you for the historic victory for white life in the Supreme Court yesterday.” (Her campaign responded by insisting she’d meant to say “right to life.”)

● MS-04 (R): Jackson County Sheriff Mike Ezell defeated six-term Rep. Steven Palazzo 54-46 in the Republican runoff for a safely red seat along the Mississippi Gulf Coast. The incumbent led Ezell only 31-25 in the first round of voting on June 7, and all five of the defeated candidates quickly endorsed Ezell for the runoff. Mississippi Today says that this is the first time a House incumbent has lost renomination in the Magnolia State since 1962, when Jamie Whitten beat fellow Rep. Frank Smith in their Democratic primary. (Whitten, who was elected in a 1941 special, retired in 1995 as the longest serving House member in American history, though the late Michigan Democrat John Dingell later broke that record.)

Palazzo spent the campaign dogged by an ethics investigation into allegations that he illegally used campaign funds for personal purposes. His many critics also portrayed him as an absentee congressman uninterested in doing his job, and Palazzo gave them more fodder earlier this year when he posted a picture on Facebook of himself and his son at a restaurant in Mississippi hours after he abruptly canceled a campaign forum for what his staff said were “meetings dealing with national security.”

election recaps

● Primary Night: Below is a state-by-state look at where Tuesday’s other major contests stood as of 8 AM ET Wednesday. We’ll start with a surprisingly close special election in Nebraska:

● NE-01 (special): Republican state Sen. Mike Flood only defeated Democratic colleague Patty Pansing Brooks 53-47 to win the contest to succeed Republican Rep. Jeff Fortenberry, who resigned in March after he was convicted of concealing illegal campaign funds he received from a foreign national, in a Lincoln area constituency that Trump would have won 54-43 in 2020 and 56-38 four years before. Bizarrely, the special was held under the new district lines even though the winner will fill out the remainder of Fortenberry's term, which he of course won under the old lines; Trump carried the existing 1st by a stronger 56-41 in 2020.

National Democrats, though, were not prepared for things to be anywhere near as close as they were: Indeed, Pansing Brooks’ media consultant, Ian Russell, says that Flood outspent her $860,000 to $80,000 in a contest that attracted no serious outside spending. The two state senators will face off again in November for a full two-year term.

We’ll move on to Colorado, where Democrats spent serious amounts in what proved to be unsuccessful efforts to get Republicans to nominate Team Blue’s preferred opponents:

● CO-Sen (R): Self-funding businessman Joe O’Dea turned back state Rep. Ron Hanks, a vocal proponent of the Big Lie, 55-45 in the GOP primary to face Democratic incumbent Michael Bennet. A poll from the Democratic firm Global Strategy Group showed both Republicans losing to Bennet by the same 13-point margin, but Team Blue believed that the extremist Hanks would be easier to defeat.

● CO-Gov (R): University of Colorado Regent Heidi Ganahl, who is Colorado’s only remaining statewide Republican, defeated businessman Greg Lopez 54-46 for the right to take on Democratic Gov. Jared Polis. That same GSG poll showed Polis winning by identical 51-32 spreads against both, but Democrats tried to get GOP voters to select the underfunded Lopez.

● CO-03 (R): Another far-right freshman, Rep. Lauren Boebert, beat self-described moderate state Sen. Don Coram 65-35 in a western Colorado seat that Trump would have taken 53-45.

● CO-05 (R): Rep. Doug Lamborn turned back state Rep. Dave Williams 48-33 in a Colorado Springs-based seat Trump also would have carried 53-43. Lamborn, who has struggled to win renomination in the past, is the subject of an ongoing ethics investigation into allegations that he misused official resources by having congressional staff perform personal and campaign-related tasks for him and his wife.

● CO-07 (R): Former oil and gas executive Erik Aadland defeated businessman Tim Reichert 48-36 in the GOP primary to succeed retiring Democratic Rep. Ed Perlmutter. Aadland will be the underdog against state Sen. Brittany Pettersen, who had no Democratic primary opposition, in a seat in the western Denver suburbs that Biden would have carried 56-42. 

● CO-08 (R): State Sen. Barbara Kirkmeyer beat Thornton Mayor Jan Kulmann 40-23 in the GOP primary for this newly created seat in Denver's northern suburbs. Democrats had aired ads trying to block Kirkmeyer and convince Republicans to instead nominate far-right Weld County Commissioner Lori Saine, but Saine ended up taking only third with 20%. Kirkmeyer will go up against state Rep. Yadira Caraveo, who had no opposition in the Democratic primary, in a constituency Biden would have won 51-46.

● CO-SoS (R): Former Jefferson County Clerk Pam Anderson defeated economic development specialist Mike O'Donnell 43-29; the balance went to Mesa County Clerk Tina Peters, who was indicted in March for allegedly breaching the county's election systems during her attempt to demonstrate fraud in 2020. Anderson, who was the one Republican candidate who acknowledged that Biden won the 2020 election, will go up against Democratic Secretary of State Jena Griswold.

Next is Illinois, which was home to the bulk of Tuesday’s biggest contests:

● IL-Gov (R): Both Democratic Gov. J.B. Pritzker and Donald Trump got what they wanted from the Republican primary as far-right state Sen. Darren Bailey beat venture capitalist Jesse Sullivan in a 57-16 blowout; Aurora Mayor Richard Irvin, who looked like the frontrunner until early June, took third with just 15% despite the $50 million in donations he’d received from billionaire Ken Griffin.

Pritzker and his allies at the DGA very badly wanted to face Bailey instead of Irvin, and they spent massive amounts to make that happen. NBC reports that the incumbent dropped $32 million on TV ads during the GOP primary, most of which went towards hitting the mayor, while the DGA deployed another $18 million on commercials either touting Bailey as a conservative or attacking Irvin. Another conservative megadonor, Richard Uihlein, spent $17 million to promote Bailey as well and go after Irvin’s record as mayor and past moderate stances.

● IL-01 (D): Businessman Jonathan Jackson, who is the son of two-time presidential candidate Jesse Jackson and benefited from $1 million in support from crypto-aligned PACs, won the nomination to succeed retiring Democratic Rep. Bobby Rush in this safely blue seat by defeating Chicago Alderman Pat Dowell 28-19. Rush, who is the only person to ever defeat Barack Obama, supported former Chicago Cook Workforce Partnership CEO Karin Norington-Reaves, who finished third with 14%.

● IL-03 (D): State Rep. Delia Ramirez, who had several progressive groups on her side, beat Chicago Alderman Gilbert Villegas 66-24 in a safely blue seat centered around heavily Latino areas in southwestern Chicago and the city's western suburbs.

● IL-07 (D): Longtime Rep. Danny Davis turned back anti-gun violence activist Kina Collins 52-45 in what was easily his closest renomination fight ever in this heavily Democratic seat in downtown Chicago. Davis beat Collins 60-14 in a 2020 contest that attracted little attention, but this time, there was notable outside spending on both sides. President Joe Biden also endorsed the 13-term incumbent two days before the primary.

● IL-08 (D): Rep. Raja Krishnamoorthi defeated businessman Junaid Ahmed 70-30 in a seat based in Chicago's outer western suburbs. Biden would have prevailed 57-41 here.

● IL-13 (R & D): The AP has not yet called this GOP primary, but with 95% of the projected vote in, activist Regan Deering leads former federal prosecutor Jesse Reising 35-33. The Democrats are fielding former Biden administration official Nikki Budzinski, who won her own primary 76-24, in a seat that now snakes from East St. Louis northeast through Springfield to the college towns of Champaign and Urbana. Democratic mapmakers transformed what was a 51-47 Trump constituency into one Biden would have carried 54-43, which is why GOP Rep. Rodney Davis decided to take his chances in the 15th instead of run here.

● IL-14 (R): The AP also has not yet made a call in the GOP primary, but conservative radio host Mike Koolidge leads perennial candidate James Marter 31-24. The winner will face Democratic Rep. Lauren Underwood in a constituency in Chicago's western exurbs where Democratic legislators augmented Biden's margin of victory from 50-48 to 55-43.

● IL-17 (D): Former TV meteorologist Eric Sorensen, who would be the first gay person to represent Illinois in Congress, won the Democratic nod to succeed retiring Democratic Rep. Cheri Bustos by beating former state Rep. Litesa Wallace 38-23. Republicans are once again fielding 2020 nominee Esther Joy King, who lost to Bustos 52-48 as Trump was taking the old version of this northwestern Illinois seat 50-48; Biden would have carried the new version of the 17th 53-45.

Mississippi also had another big runoff Tuesday:

● MS-03 (R): Rep. Michael Guest avenged his June 7 embarrassment by beating Navy veteran Michael Cassidy 67-33 in the runoff for this safely red seat in the central part of the state. Cassidy led Guest, who voted for a Jan. 6 commission, 47.5-46.9 in the first round in a campaign that almost everyone expected the incumbent to win with ease. The congressman, who himself acknowledged he'd run a complacent campaign, used the next three weeks to air ads attacking Cassidy for the first time, while his allies at the Congressional Leadership Fund spent serious amounts on anti-Cassidy messaging.

New York held primaries for statewide races and the state Assembly, but because the courts redrew the maps for the U.S. House and state Senate, those nomination contests won't take place until Aug. 23.

● NY-Gov & NY-LG (D): Gov. Kathy Hochul won her primary for a full term by beating New York City Public Advocate Jumaane Williams 68-19, while Rep. Tom Suozzi took 13%. Lt. Gov. Antonio Delgado, a former congressman who served as Hochul’s informal running mate, won his separate primary by beating activist Ana Maria Archila, who was aligned with Williams, 61-25. Hochul and Delgado will campaign together as a ticket in November.

● NY-Gov (R): Rep. Lee Zeldin defeated former Trump White House staffer Andrew Giuliani, the son of Donald Trump's most embarrassing attorney, 44-23. Zeldin and running mate Alison Esposito, who had no intra-party opposition in the primary for lieutenant governor, will try to unseat Hochul and Delgado in a state where Republicans haven’t won a single statewide race since 2002.

Oklahoma also went to the polls: A runoff will take place Aug. 23 in any contests where no one earned a majority of the vote.

● OK-Sen-B (R): Rep. Markwayne Mullin and former state House Speaker T.W. Shannon will compete in the runoff to succeed longtime Sen. Jim Inhofe, a fellow Republican who announced in late February that he would resign, effective ​​when the current Congress ends.

Mullin took a firm first place with 44% while Shannon, who lost to now-Sen. James Lankford in the 2014 primary for Oklahoma’s other Senate seat, outpaced state Sen. Nathan Dahm 19-12. Another 11% went to Luke Holland, Inhofe’s former chief of staff and preferred successor, while former Environmental Protection Agency Scott Pruitt barely registered with just 5%.

● OK-Gov (R): Gov. Kevin Stitt decisively beat state Department of Veterans Affairs head Joel Kintsel 69-14 even after dark money groups spent millions against him. Stitt will be favored in the fall against Democratic Superintendent of Public Instruction Joy Hofmeister, who left the GOP last year.

● OK-02 (R): State Rep. Avery Frix will compete in the runoff to succeed Mullin in this dark red eastern Oklahoma seat, but the AP has not yet called the second runoff spot. With 99% of the expected vote in for this enormous 14-person field, Frix leads with 15% while former state Sen. Josh Brecheen holds a 14-13 edge over Muskogee Chief of Police Johnny Teehee.

● OK-05 (R): Despite her vote for a Jan. 6 commission, freshman Rep. Stephanie Bice defeated her underfunded foe, conservative YouTube show host Subrina Banks, 68-32 in a newly gerrymandered seat in the Oklahoma City area.

The big night concluded with Utah.

● UT-Sen (R): Far-right Sen. Mike Lee turned back former state Rep. Becky Edwards, who centered her challenge around Lee's unbending fealty to Donald Trump, 62-30. The incumbent will go up against conservative independent Evan McMullin, whom Democrats decided to support rather than field their own candidate.

● UT-01 (R): Freshman Rep. Blake Moore, who also voted to create a commission to investigate the Jan. 6 attacks, beat retired intelligence officer Andrew Badger 59-27 in this safely red northern Utah seat.

● UT-03 (R): Finally, Rep. John Curtis, who also voted for a Jan. 6 commission, defeated former state Rep. Chris Herrod 71-29 in what was their third GOP primary contest. This seat in the Provo area and southeastern Utah is also dark red turf.

  Redistricting

● LA Redistricting: In an unsurprising move, the Supreme Court's far-right supermajority voted without explanation to block a lower court decision that struck down Louisiana's congressional map for violating the Voting Rights Act over the objections of the three liberal justices. The court said it would hear a full appeal next term. As a result, Louisiana will use a map this year that features just a single Black congressional district out of six, despite the fact that the trial court determined that African Americans, who make up a third of the state's population, are entitled to a second district in which they can elect their preferred candidates under the VRA.

Senate

● AK-Sen: Sen. Lisa Murkowski's allies at Alaskans For Lisa are using their first negative TV ad to attack former state cabinet official Kelly Tshibaka as "​​so extreme she wants to outlaw receiving contraceptives by mail," which is almost never the type of messaging we hear in a contest between two Republicans. However, the state's new top-four electoral system gives Murkowski's side an incentive to appeal to Alaska's entire electorate, not just the social conservatives who usually dominate GOP primaries

And there's good reason to think that this sort of ad could resonate even in a red state like this one. Civiqs finds that registered voters agree that abortion should be legal in most or all cases by a 50-45 margin, while other surveys have also shown that a majority of Alaskans support abortion rights.

● AZ-Sen: Former Thiel Capital chief operating officer Blake Masters' newest commercial for the August primary features him standing next to Donald Trump as the GOP's actual master delivers a rare direct-to-camera appeal for one of his candidates. (Trump previously made a personal pitch for David Perdue in the primary for governor of Georgia which … did not end well for either man.)

After praising Masters as "strong on election fraud," Trump also uses this occasion to argue that two of his intra-party foes, Attorney General Mark Brnovich and wealthy businessman Jim Lamon, "will only let you down," though he uncharacteristically refrains from dissing them further. Masters himself only chimes in at the end to approve the commercial and shake Trump's hand, a practice Trump once dismissed as "barbaric."

● MO-Sen: John Wood, a former Republican who served as a senior advisor to the Jan. 6 committee until last week, announced Wednesday morning that he’d run for this open seat as an independent. Wood previously served as U.S. Attorney for the Kansas City area under George W. Bush.

Wood launched his campaign shortly after former Republican Sen. John Danforth starred in a commercial that was part of what AdImpact reported is a $1.4 million buy from a PAC called Missouri Stands Unite. Danforth, who left office in 1995, didn’t mention Wood or anyone else by name but instead spent the 90 second commercial expressing his disillusionment with the state of American unity and argues that a victory for a nonaligned candidate would send a "message to politicians throughout America." Danforth, though, called for Wood to run before the independent launched his campaign.

● NV-Sen, WI-Sen: Two new ads from two pro-choice groups in top-tier Senate races both focus on abortion in the wake of the Dobbs decision, but they use strikingly different language.

In Nevada, Women Vote, which is the super PAC arm of EMILY's List, says it's spending $2.1 million to castigate Republican Adam Laxalt for calling the Supreme Court's ruling an "historic victory." The narrator elaborates: "Unapologetically pro-life, Laxalt has made a career pushing to limit abortion rights, committed to taking control of every woman's personal decision and giving it to politicians."

Planned Parenthood, meanwhile, says it's putting $1.5 million behind an ad warning that the Supreme Court's decision will "trigger[] a ban on nearly all abortions in Wisconsin" because of an 1849 law outlawing abortion that's still on the books. She explains that Sen. Ron Johnson "sided with them on overturning Roe v. Wade—punishing doctors and hurting people. Putting our health and reproductive rights in danger." The voice-over concludes, "Johnson even said, if you don't like it, you can move." (Yep, he sure did.)

What's surprising is hearing an organization like EMILY's List use the term "pro-life"—a dastardly bit of Orwellian rhetoric deployed by the right for decades that has worked wonders to soften the image of a cruel movement designed to render women second-class citizens. Planned Parenthood wisely avoids the problem by eschewing labels altogether and simply describing the implications of Johnson's vision.

● WA-Sen: Tiffany Smiley, who is the only serious Republican challenging Democratic incumbent Patty Murray, has released an internal from The Tarrance Group showing her trailing the senator only 48-43. An early June survey for the Democratic firm Public Policy Polling for the Northwest Progressive Institute gave Murray a larger 51-40 edge, but the Democrat has been taking this contest seriously. Politico reports that Murray has spent over $1 million on her opening ad campaign, including a recent spot where an OB-GYN warned, "You think women's reproductive health care is safe here in Washington? Not with Mitch McConnell's handpicked candidate in the U.S. Senate, Tiffany Smiley."

Governors

● AZ-Gov: Former Rep. Matt Salmon announced Tuesday that he was dropping out of the August Republican primary, saying, “Unfortunately, numbers are numbers, and it has become clear to me that the path to a first-place victory is no longer a realistic possibility.” While Salmon only narrowly lost the 2002 general election for this post to Democrat Janet Napolitano, he lagged in polls and fundraising in his second campaign 20 years later.

The former congressman’s departure five weeks ahead of the primary leaves former TV news anchor Kari Lake, who has Trump’s endorsement, and Board of Regents member Karrin Taylor Robson as the only two major GOP contenders. Self-funding businesswoman Paola Tulliani Zen is also in, but while she recently aired an ad declaring, “I’m going to cut the fat off our government like I cut the fat off my prosciutto,” she’s otherwise attracted very little attention.

● MD-Gov: Goucher College, polling on behalf of the Baltimore Banner and WYPR, finds close contests in both party's July 19 primaries.

On the Democratic side, the school gives state Comptroller Peter Franchot the edge with 16% as former nonprofit head Wes Moore and former Democratic National Committee chair Tom Perez are just behind with 14% each; former Attorney General Doug Gansler is a distant fourth with just 5%, while a 35% plurality of respondents are undecided. The only other independent poll we've seen here was an early June OpinionWorks poll that also put Franchot on top with 20% as Moore and Perez took 15% and 12%, respectively.

In the Republican primary, Goucher has Del. Dan Cox outpacing former state Commerce Secretary Kelly Schulz 25-22, with 44% undecided and no other candidates breaking 3%. OpinionWorks earlier this month gave Schulz, who has termed-out Gov. Larry Hogan's endorsement, a 27-21 advantage over the Trump-backed Cox.

House

● AZ-01: Self-funder Elijah Norton's newest GOP primary commercial against incumbent David Schweikert features the congressman's former campaign treasurer, Karen Garrett, expressing some choice words about her old boss and the scandal that dogged him last cycle. Garrett tells the audience that Schweikert "reported a fraudulent $100,000 loan, $279,000 in illegal contributions, and more than $500,000 missing." She concludes, "Then he blamed his staff. He lied to us. Discovering the kind of person David has become has been one of the heartbreaks of my life."

● FL-02: The local firm Sachs Media gives Republican Rep. Neal Dunn a small 43-40 edge over his Democratic colleague, Al Lawson, in the first poll we've seen of this incumbent vs. incumbent matchup. There's reason to think the undecided voters lean Republican, though: The sample also favors Republican Gov. Ron DeSantis 53-41 in a general election against Democratic Rep. Charlie Crist (Agriculture Commissioner Nikki Fried, who is also seeking the Democratic nod for governor, was not tested), which closely matches Trump's 55-44 performance here in 2020.

● FL-04: Jacksonville Mayor Lenny Curry on Tuesday became the latest prominent Republican to endorse state Sen. Aaron Bean in the August primary for this open seat.

● FL-23: Broward County Commissioner Jared Moskowitz has earned an endorsement from Hillary Clinton ahead of the Democratic primary.

● FL-27: State Sen. Annette Taddeo has released an internal from SEA Polling and Strategic Design that shows her outpacing Miami Commissioner Ken Russell 51-15 in the Democratic primary to take on freshman Republican Rep. María Elvira Salazar.

● OH-09: Democratic incumbent Marcy Kaptur is using her first TV ad against her opponent, QAnon-aligned activist J.R. Majewski, to highlight the Republican's involvement in the Jan. 6 attack. The narrator recounts, "He broke past the police barricades at the Jan. 6 Capitol riot" as the audience sees photos of Majewski in the crowd, continuing, "140 police officers were injured, one died." The speaker, who is now identified as a local voter, goes on to praise Kaptur's record supporting the police and funding a new jail before adding, "Look, reckless guys waving assault weapons don't make our families safer, more police in our neighborhoods do."

Ballot Measures

● AK Ballot: Alaskans will vote this November on whether to hold a state constitutional convention, and the Alaska Beacon's Lisa Phu writes that this once-in-a-decade referendum has become an abortion rights battleground now that the U.S. Supreme Court has overturned Roe v. Wade. The Alaska Supreme Court in 1997 recognized that the state's governing document protects the right to an abortion, and pro-choice groups are urging voters to keep the status quo in place by voting "no."

Anti-choice forces, likewise, understand that a victory for the "yes" side would give them a chance to outlaw abortion in a state where it's otherwise difficult to amend the state constitution. It takes two-thirds of both the state House and Senate to put a constitutional amendment proposal on the ballot, and while two state Senate committees last year advanced a proposal reading, "To protect human life, nothing in this constitution may be construed to secure or protect a right to an abortion or require the State to fund an abortion," it failed to receive a floor vote in either chamber. Senate Republicans and their one Democratic ally currently hold a 14-6 supermajority, but the House is run by a coalition of Democrats, independents, and a few Republicans.  

If a majority voted "no" this fall, then this referendum would next take place in 2032. (Alaska is one of 14 states where constitutional convention questions automatically appear on the ballot after a set number of years; in 2012, "no" won 67-33.) If "yes" came out on top, however, the lieutenant governor's office says, "The process could take as long as four-plus years or, depending on the legislature, it could be as short as, say, two years." Phu explains that after the convention finished its work, voters would need to approve any amendments or other revisions to the constitution. The Last Frontier held its last constitutional convention in 1955 and 1956, which was a few years before Alaska became a state.

● CA Ballot, VT Ballot: On Tuesday night, both chambers of California's Democratic-led legislature mustered up the two-thirds majorities needed to place a constitutional amendment on November's ballot that would affirm that "the state shall not deny or interfere with an individual's reproductive freedom in their most intimate decisions, which includes their fundamental right to choose to have an abortion and their fundamental right to choose or refuse contraceptives."

Politico explains that, while "[p]rivacy rights already embedded in the state Constitution have been widely interpreted as protecting the right to abortion," Democratic leaders want to do everything they can to avoid any legal ambiguity especially now that Roe v. Wade has been overturned. Back in February, Vermont's Democratic-controlled legislature voted to place a similar constitutional amendment on its general election ballot that would safeguard "reproductive autonomy." Civiqs finds that at least 70% of registered voters in both states believe abortion should be legal in all or most cases.

Grab Bag

● Where Are They Now?: On the very day of the special election to fill the vacancy caused by his resignation, former Republican Rep. Jeff Fortenberry learned that he would receive zero time in jail after he was convicted in March of lying to federal investigators in an effort to conceal illegal campaign funds he received from a foreign national.

Remarkably, U.S. District Court Judge Stanley Blumenfeld handed down the light sentence—two years of probation, community service, and a fine—because he concluded that "by all accounts the man is of exceptional character," adding, "The court is convinced that this wrongful, dishonest choice was out of character by Mr. Fortenberry." Making the sentence all the more inexplicable, Fortenberry still denies wrongdoing and once again said he would appeal—the very opposite of the sort of showing of contrition that might motivate a judge toward leniency.

Ad Roundup

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

Morning Digest: Two Jersey Democrats who flipped Trump seats in 2018 now represent Biden turf

Posted on by Daily Kos Elections

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

Leading Off

● Pres-by-CD: Our project to calculate the 2020 presidential results for all 435 congressional districts nationwide takes the turnpike through New Jersey, which is home to a number of competitive House seats. You can find our detailed calculations here, a large-size map of the results here, and our permanent, bookmarkable link for all 435 districts here.

Joe Biden's 57-41 victory in the Garden State was only slightly larger than Hillary Clinton's 55-41 performance in 2016, an improvement due in part to the decline in third-party voting, but there were plenty of big changes below the surface. Biden captured nine of the state's twelve House seats, which was two more than Clinton took last time, while Donald Trump held onto the remaining three seats. All of the Biden districts are controlled by Democrats, while Republican representatives prevailed in two of the trio of Trump seats.

We'll start with a look at the one Democratic-held Trump seat, Rep. Andy Kim's 3rd District, which was also the state's closest district in the 2020 presidential race by far. Barack Obama had carried this South Jersey constituency, which is located in the Philadelphia suburbs and central Jersey Shore, 52-47 days after Hurricane Sandy devastated the area in 2012, but it swung hard to the right four years later and backed Trump 51-45. This time, the 3rd settled between those poles and supported Trump 49.4-49.2, a margin of about 800 votes.

Campaign Action

Local Republicans in past years have run well ahead of the top of the ticket here, but the opposite happened in 2020. Kim won a second term by beating Republican David Richter 52-45, a result that was considerably wider than his 50-49 victory against Republican Rep. Tom MacArthur in 2018.

GOP outside groups opted not to spend to boost Richter, a decision that may have had to do with the sheer cost of running for office in what may be the most expensive in the nation to advertise in: About 57% of the 3rd is in the pricey Philadelphia media market, while the balance is in the very expensive New York City market. To reach all voters on television, it's necessary to blanket both—an extremely costly proposition. Kim's mammoth fundraising made that heavy lift possible, but Richter's weak finances put such an undertaking out of reach.

Republicans, however, had more success in the 2nd District just to the south. This coastal seat swung from 54-45 Obama to 51-46 Trump in 2016, and it favored Trump again last year, though by a smaller 51-48 margin. National Democrats worked hard last year to deny a second term to Republican Rep. Jeff Van Drew, who had switched from the Democrats to the GOP in late 2019 after opposing Trump's first impeachment. But Congress' most infamous turncoat ran ahead of the man he'd pledged his "undying support" to and defeated Democrat Amy Kennedy 52-46.

Trump's best seat by far, unsurprisingly, was once again the 4th District to the north in the Monmouth County area, though he did drop from 56-41 in 2016 to 55-44 last year. This constituency is held by 21-term Rep. Chris Smith, who was the only Republican in the state's delegation from Jan. 2019 until Van Drew switched parties nearly a year later.

We'll now move up north and hit the two Trump/Biden seats, both of which began the decade as conservative turf. The 5th District in northern Bergen County and more distant exurban areas had lurched slightly to the left, going from 51-48 Romney to 49-48 Trump in 2016, but Trump's toxicity in the suburbs helped propel Biden to a 52-47 win. The seat is held by Democratic Rep. Josh Gottheimer, a moderate who unseated arch-conservative Scott Garrett in 2016 and secured his third term 53-46 last year.

The swing to the left was even more pronounced in the neighboring 11th District in the Morris County area. This ancestrally red region had gone from 52-47 Romney to 49-48 Trump in 2016, but Biden took it 53-46 this time. Democratic Rep. Mikie Sherrill flipped this seat in 2018 by winning the race to succeed longtime Rep. Rodney Frelinghuysen and successfully defended it 53-47 in 2020.

Trump also bombed in the 7th District just to the south, though the GOP showed signs of life downballot. This seat, which includes Hunterdon County and New York City's western exurbs, had already swung hard from 52-46 Romney to 49-48 Clinton, and Biden's margin ballooned to 54-44. Democratic Rep. Tom Malinowski, though, won his second term by a considerably smaller 51-49 margin in a very expensive race against state Senate Minority Leader Tom Kean Jr., who is the son and namesake of well-regarded former Gov. Tom Kean Sr.

While Trump's margin took a nose dive in all of New Jersey's competitive seats, he did make gains in a trio of safely blue constituencies in the northern part of the state. Rep. Albio Sires' 8th District in Jersey City dropped from 76-21 Clinton to 73-26 Biden, which fits with the pattern we've seen in other seats with large Latino electorates. Rep. Donald Payne's heavily Black 10th District in Newark, likewise, ticked down from 85-13 Clinton 83-16 Biden. Finally, Rep. Bill Pascrell's diverse 9th District, which is home to Paterson and some of New York City's closer-in suburbs, shifted from 64-33 Clinton to 62-37 Biden.

Democrats have full control of the New Jersey state government, but that doesn't guarantee that they'll get a favorable congressional map for the coming decade. That's because a 1995 state constitutional amendment created a bipartisan redistricting commission consisting of six Democrats, six Republicans, and a tiebreaking member. Last time, the crucial 13th member favored GOP-drawn boundaries over those proposed by Democrats, though Republican mapmakers didn't anticipate the leftward swing that would later unfold in the state's northern suburbs.

Senate

● CO-Sen: Republican Rep. Ken Buck announced on Friday that he would not run against Democratic Sen. Michael Bennet next year and indicated he would instead seek re-election to the House. The decision was something of a surprise as Buck had stepped down as chair of the Colorado GOP in December, a move that appeared to presage a bid for statewide office. A number of Republican names have been mentioned as possible Senate contenders but so far no notable candidates have entered the race, and in fact Colorado Politics' Ernest Luning reports that his sources tell him that "no other Republicans have been talking about challenging Bennet."

● GA-Sen: The Washington Examiner's David Drucker reports that both David Perdue and Kelly Loeffler "are possible candidates and are keeping their options open" with regard to a possible comeback bid against Democratic Sen. Raphael Warnock next year. Neither, however, has commented about their possible interest.

● OH-Sen: Former Columbus Mayor Michael Coleman tweeted on Wednesday night that he was considering seeking the Democratic nomination to succeed retiring Republican Sen. Rob Portman.

Coleman, whose 1999 election made him the first Black mayor of Ohio's capital city, has shown some interest in seeking higher office over the years, but it's yet to work out. Coleman entered the race for governor in 2005, but he ended up dropping out later that year. Coleman, who did not seek a fifth term as mayor in 2015, also showed some early interest in competing in the following year's Senate race, but he opted not to go for it.

Meanwhile, an unnamed source tells Buzzfeed's Henry Gomez that they anticipate another Democrat, former state health director Amy Acton, to "formalize her interest in some fashion" sometime over the next week. Acton has not said anything publicly about this contest, but Gomez relays that she's being encouraged to run by people close to Democratic Sen. Sherrod Brown.

Brown himself says he's not backing anyone yet, and he used an interview with WKYC to name-drop some other potential candidates. Brown said, "I think Congresswoman (Joyce) Beatty has shown interest," though the congresswoman herself hasn't made any deliberations public yet. The senator also added Rep. Marcy Kaptur as a possibility, though he adds that he hasn't spoken to her; this is the first time we've heard Kaptur, who was first elected to the House in 1982, so much as mentioned for this race.

Governors

● CO-Gov: The Colorado Sun's Jesse Paul reports that University of Colorado Regent Heidi Ganahl "is seen as a likely candidate" to challenge Democratic Gov. Jared Polis, who is up for re-election next year. Ganahl was elected to one of two at-large seats on the Board of Regents in 2016, making her the last Republican to hold statewide office in Colorado. Republicans have not won the governorship since 2002, when Bill Owens won a second term.

● TX-Gov: Former HUD Secretary Julián Castro, who last year didn't rule out seeking the Democratic nomination to take on Republican Gov. Greg Abbott, now says it's "very unlikely" he'll run for any office in 2022.

House

● WY-AL: Air Force veteran Bryan Miller, who also chairs the Sheridan County GOP, tells CNN that he plans to run against Rep. Liz Cheney in next year's Republican primary. If he follows through, he'd be the second challenger to do so, along with state Sen. Anthony Bouchard, who recently announced a campaign following Cheney's vote to impeach Donald Trump. Miller has twice run for Senate, in both 2020 and 2014, and took 10% of the vote in the GOP primary each time.

Mayors

● Atlanta, GA Mayor: City Council President Felicia Moore announced Thursday that she would challenge incumbent Keisha Lance Bottoms in November's nonpartisan contest. While Moore did not mention the mayor in her kickoff, she made it clear that she'd be focusing on the city's crime rate and local income inequality as she argues for a change of leadership

If Moore wins, she'd need to overcome two unfavorable trends in Atlanta politics. Local voters haven't ousted an incumbent mayor since 1973, when Maynard Jackson's victory over Sam Massell made him the city's first Black leader. And while the City Council president has the advantage of being elected citywide, the post has not proven to be a good launching pad: Five previous council presidents have run for mayor over the last 25 years, and each of them has lost.

Other local pols could join the contest including former Atlanta Public Schools superintendent Meria Carstarphen, who told the Atlanta Journal-Constitution that she's thinking of running. Another prospective contender is former City Councilwoman Mary Norwood, an independent who lost to Bottoms 50.4-49.6 in 2017 but has refused to recognize the legitimacy of her defeat three years later. A December runoff would take place if no one wins a majority in the first round of voting.

● Boston, MA Mayor: Boston City Councilor Annissa Essaibi-George on Thursday became the first major candidate to enter the mayoral race since Joe Biden nominated incumbent Marty Walsh to serve as secretary of labor. Essaibi-George, whose father is originally from Tunisia, would be the first woman or person of color to be elected to this post.

Essaibi-George joins two of her colleagues, Andrea Campbell and Michelle Wu, each of whom would also achieve this historic milestone. City Council President Kim Janey would become acting mayor following Walsh's departure, which would make her the first Black woman to lead the city; Janey has not yet announced if she'll run in her own right.

Essaibi-George has focused on mental health and homelessness on the Council, and those were among the issues she highlighted in her kickoff. The Boston Globe's Danny McDonald also notes that there are some clear policy differences between Essaibi-George, whom he writes "is seen as something of a centrist," and her two current rivals.

Notably, Essaibi-George was part of the Council majority that passed Walsh's budget last year, while Campbell and Wu opposed it. Campbell and Wu argued that the mayor's plan didn't do enough to combat racial or economic inequality, while Essaibi-George said that it would have been fiscally irresponsible to defeat the budget and that it contained vital funding for programs.

A number of other others are eyeing this contest, but one big name recently took himself out of contention in an unexpected way. Boston Police Commissioner William Gross had expressed interest earlier in January, with one unnamed source saying he was "90%" likely to run. Gross then announced Thursday that he would resign from his post, a move that briefly looked like a precursor to a mayoral bid. However, Gross said hours later that he would not be running for mayor.

One other major question looming over the race is whether there will be a special election this year for the final months of Walsh's term in addition to the regularly-scheduled contest this fall. If Walsh resigns before March 5, which seems very likely, the city charter would require a special take place 120 to 140 days after his departure.

The City Council, however, is scheduled to vote on Wednesday on a home rule petition that would cancel the special election. The legislature and Republican Gov. Charlie Baker would need to sign off afterwards, though their recent move to quickly approve a similar petition in Lawrence indicates that they'd let it go forward.

● Cincinnati, OH Mayor: Physicist and businessman Gavi Begtrup announced Wednesday that he would join this year's open seat race for mayor. Begtrup, who said he'd already raised $65,000 for his efforts, identifies as a Democrat, and he previously served as an advisor to Arizona Rep. Gabby Giffords when she served in Congress.

Begtrup founded a local business called Eccrine in 2013, which the Cincinnati Business Courier described as "once one of the region's most-promising startups." Eccrine failed last year, though, which Begtrup said was a result of it losing vital funding after the pandemic devastated the economy.

Other Races

● CA-SoS: Both chambers of California's legislature unanimously confirmed Democratic Assemblywoman Shirley Weber as secretary of state to fill the vacancy left by Alex Padilla, who was appointed to Vice President Kamala Harris' seat in the Senate. A special election will now be held for Weber's seat in the Assembly, a safely blue district in San Diego.