Morning Digest: Michigan activists are close to putting an abortion rights amendment on the ballot

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.

Programming Update: Daily Kos Elections will be taking a break for the Fourth of July weekend. The Live Digest will return Tuesday, while Morning Digest will be back on Wednesday. Have a great holiday!

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Leading Off

MI Ballot: Activists working to enshrine the right to an abortion into the Michigan state constitution announced Thursday that they'd collected a sufficient number of signatures to place the proposed amendment on the ballot for the November general election. A victory for the Reproductive Freedom for All amendment, which needs a majority of the vote to pass, would represent a huge win for abortion rights in a large swing state where the courts have yet to resolve whether a 91-year-old abortion ban remains in effect today.

In 1931, Michigan passed a law that made the procedure a felony in almost all cases, very similar to an earlier ban implemented all the way back in 1846. Pro-choice activists put an initiative on the ballot in 1972 to legalize abortion called Proposal B, and it appeared so likely to pass that an abortion clinic was set up even before the November vote. The Catholic Church, though, funded an effort to derail Proposal B, and voters ultimately rejected it in a 61-39 landslide that represented an early electoral win for the emerging anti-abortion movement.

The 1931 statute became moot just a few months later after the U.S Supreme Court handed down its decision in Roe v. Wade, but no one's sure what will happen now following the far-right majority's ruling in Dobbs v. Jackson Women's Health. A state court issued a temporary injunction to block the law from being enforced, but two Republican county prosecutors have said they'll still consider prosecuting doctors for violating the nine-decade-old law. Democratic Gov. Gretchen Whitmer has urged the Michigan Supreme Court―where Democrats won a 4-3 majority last cycle―to issue a ruling to clarify the situation.

A victory for the Reproductive Freedom for All amendment this fall, though, would go even further in securing abortion rights for the long term, especially if anti-choice Republicans succeed in unseating Whitmer, Attorney General Dana Nessel, or state Supreme Court Justice Richard Bernstein in November. There hasn't been any polling on this measure, but Civiqs has found that Michigan voters agree that abortion should be legal in all or most cases by a wide 57-39 margin.

Redistricting

NC Redistricting: On Thursday, the U.S. Supreme Court agreed to hear North Carolina Republicans' appeal in a redistricting case that could have catastrophic consequences for voting rights and fair elections across the country next year in advance of the pivotal 2024 elections.

The case in question involves a Republican appeal of a state court ruling that struck down their congressional gerrymander earlier this year and replaced it with a much fairer map in a groundbreaking ruling that held that the state constitution prohibits partisan gerrymandering. Republicans are now asking the Supreme Court to rule that the U.S. Constitution gives state legislatures near-absolute power to set all manner of federal election laws, including district maps—regardless of whether state constitutions place limits on abuses such as gerrymandering.

For a more in-depth explanation of just how dangerous and far-reaching this case could be, an article by Daily Kos Elections' Stephen Wolf has laid out the stakes and likely implications should the justices rule in favor of Republicans.

Senate

AZ-Sen: The Democratic firm Public Policy Polling has conducted a poll, which it says wasn't on behalf of a client, looking at the August GOP primary. The survey finds former Thiel Capital chief operating officer Blake Masters jumping out to a 29-15 lead over state Attorney General Mark Brnovich, with businessman Jim Lamon at 10 and retired Air Force Maj. Gen. Mick McGuire at just 5.

This poll, which is PPP's first publicly available look at Arizona this cycle, is also the first survey from a reputable firm since Trump endorsed Masters in early June. Previous polls from mainly GOP-affiliated outfits had typically found Lamon and Brnovich competing for the lead with Masters still competitive, and it's plausible that Trump's endorsement has shifted a significant chunk of voters toward Masters in a race where many Republicans are still undecided.

GA-Sen: Just hours after a Quinnipiac University poll released on Wednesday showed Democratic Sen. Raphael Warnock leading by a hefty 54-44 over Republican Herschel Walker, Walker's campaign released an internal poll from Moore Information Group that shows the two candidates tied 47-47. We previously cautioned that Quinnipiac's numbers were by far the best for Democrats all cycle and that confirmation from other polls and firms was necessary to determine whether the race has indeed shifted in Warnock's direction, but it's notable that the best numbers Walker's own team could come up with still couldn't give him a lead.

MO-Sen: Former Republican Sen. John Danforth’s Missouri Stands United PAC has announced that it’s spending $3 million on an opening TV, radio, digital, and mail campaign to support independent John Wood. The effort began earlier this week just before Wood launched his campaign when Danforth, who retired in 1995, starred in a commercial calling for voters to back a nonaligned candidate for Senate.

VT-Sen: Democratic Sen. Patrick Leahy, who is the chamber's longest-serving member, has announced that he has broken his hip after suffering from a fall on Wednesday evening and would have to have surgery as soon as possible. Leahy says his doctors expect him to "make a full recovery," but he could be absent from the Senate for an unspecified amount of time in the coming weeks. The 82-year-old Leahy had already opted to retire this cycle rather than run for a ninth term this fall.

Governors

MD-Gov: The Baltimore Sun reports that the DGA has booked $1 million in TV time in an effort to get Republicans to nominate Trump's pick, Del. Dan Cox, over former state Commerce Secretary Kelly Schulz on July 19. Democrats believe that Cox, who played a role in the Jan. 6 insurrection at the Capitol by organizing a busload of people to attend the rally that preceded it, would struggle in a general election to succeed Schulz's main ally, termed-out Gov. Larry Hogan.

RI-Gov: Wednesday was the candidate filing deadline for Rhode Island's Sept. 13 primary, but while the state has a list of contenders here, not all of them may make the ballot. That's because, as the Boston Globe notes, candidates still have until July 15 to turn in their signatures to election officials: Anyone running for governor needs 1,000 valid signatures, which is twice the number required to run for the U.S. House.

Democrat Dan McKee was elevated from the office of lieutenant governor to the governorship in March of last year when Gina Raimondo resigned to become U.S. secretary of commerce, but it quickly became clear he'd be in for a tough fight to keep his new job. Five fellow Democrats are campaigning against McKee, and a recent poll from Suffolk University showed him trailing one of them, Secretary of State Nellie Gorbea, 24-20.

Former CVS executive Helena Foulkes, who ended March with the largest war chest, was close behind with 16%, and her ability to self-fund gives her access to more funds. Former Secretary of State Matt Brown, who lost the 2018 primary to Raimondo 57-34, is once again positioning himself to the left of the rest of the field, but he's struggled to raise money and only earned 5% in the Suffolk poll. The other two Democrats who filed are physician Luis Daniel Muñoz, who earned less than 2% as an independent four years ago, and nurse Kalilu Camara, neither of whom have attracted much notice.

Five Republicans are also in, but businessman Ashley Kalus is the only one who's running a serious campaign. Kalus, who has used her personal wealth to go on TV back in April, has had to deal with questions about her ties to Rhode Island, where she appears to have relocated to just last year.

P.S. Now that the Ocean State's deadline has passed, the only states where major party candidates can still appear on the 2022 ballot are Delaware and Louisiana. Neither state is likely to host any competitive races for Congress this cycle, though Louisiana politicians sometimes wait until the last moment possible to decide whether or not to run.

House

FL-27: State Sen. Annette Taddeo has publicized a late May internal from the Democratic firm SEA Polling and Strategic Design that finds Republican Rep. María Elvira Salazar leading her by a narrow 47-45. The survey was conducted May 23-26, which about two weeks before Taddeo ended her campaign for governor to run for this Miami-area seat.  

MD-06: Gov. Larry Hogan has backed Matthew Foldi, a former staff writer for the conservative Washington Free Beacon, ahead of the July 19 Republican primary to take on Democratic incumbent David Trone. Foldi received an endorsement earlier in June from House Minority Leader Kevin McCarthy.

MI-11: NBC reports that EMILY's List has reserved $860,000 in TV ads to aid Rep. Haley Stevens in her Aug. 2 Democratic primary against fellow incumbent Andy Levin.

MI-13: Detroit Mayor Mike Duggan this week endorsed state Sen. Adam Hollier in the busy Democratic primary for a safely blue seat where just over half of residents live in Motor City.

RI-02: Retiring Democratic Rep. Jim Langevin endorsed state Treasurer Seth Magaziner on Thursday, an announcement that came one day after the filing deadline passed for the September primary. Magaziner is one of eight Democrats campaigning to succeed Langevin in a seat, which includes part of Providence and western Rhode Island, that Biden would have carried 56-42.

One of Magaziner's rivals is former state Rep. David Segal, who took third place in the 2010 primary for the neighboring 1st District and went on to found a national progressive group. Another well-funded rival is Sarah Morgenthau, a former U.S. Department of Commerce official who hails from a prominent national Democratic family; Morgenthau, though, has spent most of her career outside the state and only registered to vote in Rhode Island shortly before launching her campaign.

Also in the running is communications firm head Joy Fox, who is a former Langevin staffer. Four other candidates are in including nonprofit head Omar Bah, but none of them posted a serious amount of money when campaign finance reports were last released in March. (New quarterly reports are due by the end of July 15.)

On the GOP side, former Cranston Mayor Allan Fung, who was the party's nominee for governor in 2014 and 2018, has just one unheralded primary foe following 2020 nominee Bob Lancia's decision to drop out just before filing closed. A recent Suffolk University poll showed Fung leading Magaziner 45-39 and doing even better against the other Democrats, though the undecideds should favor Team Blue here.

Ad Roundup

Democrats are notably running ads on abortion in New Hampshire and Illinois.

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

House Republican touts ‘Dignity Act’ bill claiming to make path to legalization, but don’t be fooled

A South Florida Republican has introduced an immigration bill she’s touting as “The Dignity Act.” Rep. Maria Elvira Salazar claims the legislation will “provide a dignified solution to immigrants currently living in the US.” On its surface, it would appear to make Rep. Maria Elvira Salazar a rarity of sorts, a Republican putting forward a pathway to legalization.

But don’t be fooled. Experts and immigrant rights advocates note that the path to legalization in Salazar’s bill is a “dead end,” thanks to the ridiculous standards it sets—which Republicans will make sure can never be met. Advocates note the bill is, in reality, a re-election ploy for Salazar, who voted against the insurrectionist president’s impeachment.

“We appreciate that some House Republicans support a path to citizenship (which the American public wants), but Rep. Salazar's bill as written is seriously flawed,” noted American Immigration Council policy counsel Aaron Reichlin-Melnick. “For example, the path to citizenship is a dead end thanks to a border security ‘trigger’ that will never be met.”

Roll Call reports that this “trigger” ensures border security “is emphasized first before any other bill measures are implemented,” including that path to legalization. The problem here is that Republicans will never, ever, especially under a Democratic administration, publicly say the border is secure. Remember, the Biden administration has kept some of the previous administration’s worst asylum policies in place, and the GOP is still screaming “open borders.” 

Reichlin-Melnick also notes another provision could likely scare away prospective applicants, rather than encouraging them to step forward to gain relief for themselves and their families. 

“The Salazar bill would make it a federal crime to be undocumented for more than 90 days if you're an adult. As a result, anyone who wanted to apply for the path to citizenship would be risking prison by applying. That's one example of what I meant by ‘seriously flawed.’”

It’s also a dead-end because Kevin McCarthy has said so, previously promising racist rag Breitbart that he’ll kill any immigration legislation should he become speaker. “Unless and until McCarthy and other GOPers stop kissing the nativist ring, the Rep. Salazar bill is dead on arrival and designed for optics, not as a real proposal,” America’s Voice notes

Salazar is also promoting this “Dignity” ploy as Republicans in her state are aiding Gov. Ron DeSantis’ despicable anti-child agenda. In recent weeks, both chambers of the state legislature have advanced hateful bills targeting asylum-seeking children and other migrants.

“In Arizona, Mark Brnovich, the state Attorney General and a candidate for the GOP primary for U.S. Senate, called immigration into the state an ‘invasion’ in a legal opinion he issued this week justifying Arizona’s ability to send troops to the border,” America’s Voice continued. “And national Republican candidates and official party committees continue to run hard on nativist tropes and lies.”

Salazar is pushing her ploy as the House has already passed legislation putting millions of undocumented people onto a path to legalization. The Dream and Promise Act, as well as the Farm Workforce Modernization Act, passed nearly a year ago under Democratic leadership and support from some GOP votes. 

Salazar could just push her party in both chambers to line up behind those bills, but then that would mean a realistic path to legalization. You know, actual “dignity.”

“It’s not that Rep. Salazar is naive about the rest of the Republican Party and their open embrace of nativism,” America’s Voice deputy director Vanessa Cardenas said. “Instead of taking on those forces in her Party, she is in concert with those same forces and enables them by seeking to launder the Republican brand for select diverse districts ahead of the midterms, while seeking to blame Democrats for legislative inaction on immigration reform blocked by Republicans.”

RELATED: GOP-led Florida House committee advances Ron DeSantis' anti-child agenda

RELATED: House passes path to citizenship for DACA recipients, temporary status holders, and farmworkers

Morning Digest: Dems need four seats to flip Michigan’s House. Our new data shows the top targets

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

Gov-by-LD, Senate-by-LD: Republicans have controlled the Michigan House of Representatives since the 2010 GOP wave despite Democrats winning more votes in three of the last four elections, but Daily Kos Elections' new data for the 2018 elections shows that Democrats have a narrow path to win the four seats they need to flip the chamber this fall.

Democrat Gretchen Whitmer defeated Republican Bill Schuette 53-44 to become governor and carried 56 of the 110 seats in the lower house—exactly the number that her party needs to take a bare majority. You can see these results visualized for the House in the map at the top of this post (with a larger version available here).

Campaign Action

However, because Republicans heavily gerrymandered the map to benefit themselves, the Democrats’ presidential nominee will need to decisively defeat Donald Trump in the Wolverine State to give their party a chance. Democratic Sen. Debbie Stabenow’s successful re-election campaign illustrates this hurdle: Even though she beat Republican John James 52-46 statewide, she only took 54 House districts.

The entire state House is up for re-election every two years, and members can serve a maximum of three terms, making Michigan's term limits among the most restrictive in the country. Democrats made big gains in the House last cycle and reduced the GOP majority from 63-47 to 58-52.

Most importantly, four members of the GOP caucus sit in seats that backed Whitmer, making those the four ripest targets for Democrats. At the same time, no Democratic incumbents hold seats won by Schuette. However, three of these GOP-held Whitmer seats also supported Donald Trump when he narrowly carried the state two years before, so sweeping them all be a difficult task.

Team Blue’s best pickup opportunity in the state looks like HD-61 in the Kalamazoo area, which supported Whitmer by a wide 54-43 margin and backed Stabenow by a 53-45 spread. The seat also went for Hillary Clinton 49-45, making it the one GOP-held district in the entire chamber that didn’t back Trump. Republican incumbent Brandt Iden won his third term 51-49 in 2018, but term limits prevent him from running again this year.

Two other Republican seats, both located in Oakland County in the Detroit suburbs, also went for both Whitmer and Stabenow, though Trump carried them both. HD-39 backed Trump 50-46, but it supported Whitmer 53-45 and Stabenow 51-47. Republican Ryan Berman was elected to his first term by a wide 54-42, but that election took place under unusual circumstances: The Democratic candidate, Jennifer Suidan, was charged with embezzlement during the race and was sentenced to five years’ probation after the election.

Nearby is HD-38, which went for Trump 49-46 before supporting Whitmer and Stabenow 52-46 and 51-48. This seat is held by GOP state Rep. Kathy Crawford, who won her third and last term by a narrow 49-48 in 2018.

The fourth and final GOP-held Whitmer seat is HD-45, which is also located in Oakland County, but it supported her just 49.2-48.8, by a margin of 181 votes. Trump took the seat by a wider 51-44 margin, while James defeated Stabenow here 50-49. Republican incumbent Michael Webber won 55-45, but, like Iden and Crawford, he’s termed-out this year.

Democrats have a few potential targets if they fail to take all four of those seats, but they aren’t great. Another five House districts backed Schuette by a margin of less than 2%, but Trump took them all by double digits in 2016. Democrats also will need to play defense in the 10 seats they hold that voted for Trump (though two years later they all went for Whitmer). All of this means that, while Democrats do have a path to the majority, they’ll need essentially everything to go right this fall.

As for the state Senate, it’s only up in midterm years, so the GOP’s 22-16 majority is safe there for almost another three years, barring an unlikely avalanche of special elections. The good news for Democrats, though, is that 2022’s races for the legislature (and Congress) will be held under very different maps than the GOP gerrymanders in force now.

That’s because in 2018, voters approved the creation of an independent redistricting commission to draw the new lines in place of the state legislature. These new maps could give Democrats a better chance to win (or hold) the House as well as the Senate, where the GOP has been in control since it successfully recalled two Democratic legislators in early 1984.

P.S. You can find our master list of statewide election results by congressional and legislative district here, which we'll be updating as we add new states; you can also find all our data from 2018 and past cycles here.

4Q Fundraising

The deadline to file fundraising numbers for federal campaigns is Jan. 31. We'll have our House and Senate fundraising charts available next week.

NC-Sen: Thom Tillis (R-inc): $1.9 million raised, $5.3 million cash-on-hand

VA-Sen: Mark Warner (D-inc): $1.5 million raised, $7.4 million cash-on-hand

AZ-06: Karl Gentles (D): $104,000 raised, $80,000 cash-on-hand

CA-25: Christy Smith (D): $845,000 raised, $592,000 cash-on-hand

FL-27: Maria Elvira Salazar (R): $315,000 raised, additional $50,000 self-funded, $717,000 cash-on-hand

IL-17: Cheri Bustos (D-inc): $531,000 raised, $3 million cash-on-hand

MN-08: Pete Stauber (R-inc): $347,000 raised, $722,000 cash-on-hand

NC-02: Deborah Ross (D): $301,000 raised, $262,000 cash-on-hand

NH-02: Annie Kuster (D-inc): $452,000 raised, $2 million cash-on-hand

NJ-05: Josh Gottheimer (D-inc): $918,000 raised, $7.12 million cash-on-hand

TX-22: Pierce Bush (R): $660,000 raised (in three weeks)

Senate

AL-Sen: The extremist Club for Growth is going back on the air ahead of the March primary with a TV spot they first aired in November against Rep. Bradley Byrne, an establishment-aligned Republican whom they've long hated. The commercial takes aim at Byrne for supporting the Export-Import Bank, which is another favorite Club target.

GA-Sen-B: Pastor Raphael Warnock announced Thursday that he would run against appointed GOP Sen. Kelly Loeffler in November’s all-party primary, giving Democrats their first high-profile candidate in Georgia’s special election for the Senate.

Warnock quickly earned an endorsement from 2018 gubernatorial nominee Stacey Abrams, who was Team Blue’s top choice until she took her name out of the running last year. The Atlanta Journal-Constitution wrote earlier this month that national Democrats, as well as Abrams, wanted Warnock to challenge Loeffler, though the DSCC has not formally taken sides.

Warnock, who would be Georgia’s first black senator, is the senior pastor of the famous Ebenezer Baptist Church in Atlanta, where Martin Luther King Jr. once held the pulpit. Warnock has never run for office before, but he’s been involved in politics as the chair of the New Georgia Project, a group founded by Abrams with the goal of registering people of color to vote. Warnock has also used his position to call for expanding Medicaid and reforming Georgia’s criminal justice system.

Warnock joins businessman Matt Lieberman on the Democratic side, and another local politician says he’s also likely to run for Team Blue. Former U.S. Attorney Ed Tarver said Thursday that Warnock’s entry hadn’t changed his own plans to run, adding that he plans to kick off his campaign in the next few weeks.

GOP Rep. Doug Collins also entered the race against Loeffler this week, but legislative leaders quickly dealt him a setback. On Thursday, state House Speaker David Ralston, despite being a Collins ally, announced that a bill that would do away with the all-party primary in favor of a traditional partisan primary would be unlikely to apply to this year’s special election. The legislation cleared the Governmental Affairs Committee earlier this week but was returned to the committee for revisions. Republican Gov. Brian Kemp has threatened to veto any measure that would change the rules of this year’s special Senate race.

As we’ve noted before, both Democrats and Collins would almost certainly benefit from the proposed rule change, but it looks like the status quo will persist this year. However, Collins is arguing that he’d still have the advantage in a November all-party primary, though the data he released isn’t especially persuasive. Collins released a poll this week from McLaughlin & Associates showing Lieberman in front with 42% while Collins leads Loeffler 32-11 for the second spot in a likely January runoff.

McLaughlin is a firm that’s infamous even in GOP circles for its poor track record, but this survey is also rather stale. The poll was conducted in mid-December, when Loeffler had just been appointed to the Senate and had little name recognition. But the wealthy senator has since launched a $2.6 million ad campaign, and she’s reportedly pledged to spend $20 million to get her name out.

Lieberman was also the only Democrat mentioned in the poll, but Warnock’s Thursday announcement means he’s now no longer Team Blue’s only candidate, scrambling the picture further. And if Tarver does go ahead with his planned campaign, he could complicate matters even more by potentially splitting the vote on the left three ways and allowing Loeffler and Collins to advance to an all-GOP runoff.

Collins, meanwhile, hasn’t been on the receiving end of any negative ads yet, but that’s about to change. Politico reports that next week, the Club for Growth will start a five-week TV campaign targeting the congressman for a hefty $3 million.

IA-Sen: Businessman Eddie Mauro raised just $73,000 from donors during the fourth quarter of 2019, but the Democrat loaned himself an additional $1.5 million and ended December with $1.4 million in the bank. However, during that same quarter, Mauro repaid himself $850,000 that he'd previously loaned to his campaign. It's not clear why Mauro made this move.

The only other Democrat to release fundraising figures so far, real estate executive Theresa Greenfield, previously said she brought in $1.6 million in the final three months of last year and had $2.1 million on hand. Republican Sen. Joni Ernst said she raised $1.7 million and had $4.9 million left.

House

FL-27: This week, House Minority Leader Kevin McCarthy endorsed 2018 GOP nominee Maria Elvira Salazar's second bid for this Miami-area seat against freshman Democratic Rep. Donna Shalala. Salazar, who lost to Shalala 52-46 last cycle, doesn't face any serious opposition in the August GOP primary.

GA-09: State Rep. Kevin Tanner announced Thursday that he would seek the GOP nod to succeed Senate candidate Doug Collins in this safely red seat. Tanner was first elected to the legislature in 2012, and he serves as the chair of the influential Transportation Committee.

IN-05: Former state Sen. Mike Delph recently told Howey Politics that he would not seek the GOP nod for this open seat.

NY-15: This week, Assemblyman Michael Blake picked up endorsements in the June Democratic primary from SEIU 32BJ and 1199 SEIU, which represent building workers and healthcare workers, respectively. These groups make up two of the "big four" unions in New York City politics along with the Hotel Trades Council and the United Federation of Teachers. The Hotel Trades Council is supporting New York City Councilman Ritchie Torres, while the UFT does not appear to have taken sides yet in the crowded primary contest to succeed retiring Rep. Jose Serrano in this safely blue seat in The Bronx.

Last month, Blake also received the backing of District Council 37, which represents municipal workers.