Category: MI-Sen

Morning Digest: North Carolina Democrats have a long but plausible path to retaking Supreme Court

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

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Leading Off

● NC Supreme Court: Longtime jurist Mike Morgan, one of the last two Democratic justices on North Carolina's Supreme Court, announced on Thursday that he would not seek reelection when his current eight-year term is up next year. His decision leaves open a critical seat that Democrats must defend as part of a long-term plan that represents their only realistic path toward rolling back the GOP's iron grip on state politics.

Morgan's 54-46 victory over Republican incumbent Robert Edmunds in 2016 gave Democrats control of the court for the first time since the late 1990s, putting it in a position to finally impose some curbs on GOP lawmakers. Those same lawmakers, however, reacted to Morgan's win by transforming what had previously been nonpartisan elections into partisan contests, meaning that Supreme Court candidates would be identified by their party labels on the ballot.

But that change failed to achieve the outcome Republicans wanted as Democrat Anita Earls flipped a second GOP seat in 2018. And thanks to the resignation of the Republican chief justice the following year, Democratic Gov. Roy Cooper was able to appoint a replacement, extending Democrats' majority to 6-1. Under Democratic leadership, the court handed down rulings in many areas that clamped down on Republican power-grabs and efforts to undermine democracy, including a critical decision just last year holding that partisan gerrymandering violated the state constitution.

That era did not last long. Republicans narrowly won two Democratic seats in 2020, including one by just 401 votes, then won two more last year by margins of 4-5 points. That string of victories returned the GOP to the majority and left Morgan and Earls as the only Democrats and only Black justices on the court. It also immediately ushered in a series of decisions that saw the Republican justices overturn multiple rulings in favor of voting rights by the previous Democratic majority, including the case outlawing gerrymandering.

As a result, Republican legislators will once again be able to draw maps that favor them in the extreme, allowing them to lock in supermajorities despite North Carolina's perennial swing-state status. And the road back to fair maps is a narrow one. North Carolina doesn't allow its citizens to pass laws or amend their constitution through ballot initiatives, and the governor lacks the power to veto redistricting plans. With federal courts closing their doors to partisan gerrymandering challenges thanks to the far-right majority on the U.S. Supreme Court, the only option is for Democrats to focus all their energies on winning back the state Supreme Court.

The road, however, is a long one. It starts with defending Morgan's seat in 2024, though if Democrats are successful, his decision not to run again would come with a silver lining: Morgan would have faced mandatory retirement at the age of 72 in 2027, less than halfway through a second term. A younger justice, by contrast, would be able to serve the full eight years.

They'll then have to ensure Earls wins reelection in 2026 (she would not hit the mandatory retirement age until 2032). After that, they'd have to win two of the three Republican seats that will be up in 2028 for a 4-3 majority. It's also critical that they elect Democratic Attorney General Josh Stein to succeed Cooper next year, since he'd be able to fill any vacancies that arise, including when Republican Chief Justice Paul Newby turns 72 in 2027. A Stein victory would also prevent Republicans from adding two seats to the court that a GOP governor could fill, a plan Republicans have been contemplating for some time.

Republicans also have more immediate designs on changing the rules to benefit themselves. A Republican bill would raise the retirement age to 76, which would allow Newby to complete his term, which otherwise would conclude at the end of 2028, and even run for reelection that year. That would also prevent Stein, should he prevail, from naming a Democrat to Newby's seat in 2027. This retirement provision is included in the GOP's recently unveiled budget, suggesting it's likely to pass before the legislature adjourns this summer.

Yet while 2028 might seem far away, it's still within reach. North Carolina Democrats had to wait 18 years, from 1998 to 2016, to regain a court majority, while progressives in Wisconsin, another similarly swingy state, at last reclaimed control of their own high court earlier this year after a 15-year drought. The horizon this time is five years off. And given the new 12-week abortion ban Republicans just passed over Cooper's veto, Democrats will be able to highlight GOP extremism on the issue, an approach that proved very effective in Wisconsin. The path is not easy, but it is navigable, and it's the one Democrats must take.

Senate

● MI-Sen: Michigan Board of Education President Pamela Pugh has filed FEC paperwork for a bid for the Democratic Senate nod. Pugh would be in for a challenging primary battle against Rep. Elissa Slotkin, a former CIA analyst and Department of Defense official who earned an endorsement this week from VoteVets.

Governors

● KY-Gov: Democratic Gov. Andy Beshear is launching his first TV ad campaign on Monday, and the GOP firm Medium Buying says the incumbent is putting at least $454,000 behind it. The commercial does not mention Attorney General Daniel Cameron, who won Tuesday's GOP primary, and instead focuses on a first term where Beshear acknowledges, "We've been through a lot these past four years, and some days have been tougher than others."

The governor, who is seated in a church, continues by touting his record bringing jobs to Kentucky, establishing clean drinking water "to folks who've been overlooked and underserved," and working on disaster recovery. "My granddad and great-granddad were preachers in this church," he says before informing the audience, "It was flattened by the tornadoes. But when Kentuckians get knocked down, we get right back up again and we rebuild stronger and better than before."

● LA-Gov: Republican Stephen Waguespack has launched what his team says is an opening "six-figure ad buy" for the October all-party primary less than two weeks after his super PAC allies began a $1.75 million campaign to get the first-time candidate's name out. Waguespack, who is a former head of the state's Chamber of Commerce affiliate, introduces himself as "Wags" before bemoaning the state's economic, education, and public safety struggles.

Prosecutors and Sheriffs

● Northampton County, PA District Attorney: While Democratic incumbent Terry Houck almost certainly won the Republican nomination through a write-in campaign Tuesday, local Republican Party head Glenn Geissinger is making it clear that his organization won't do anything to help the district attorney in the general election. Instead, Geissinger tells LehighValleyNews.com that he's even spoken to an unidentified Republican interested in waging their own November write-in effort to compete with the incumbent and former local Judge Stephen Baratta, who beat Houck 54-46 for the Democratic nod. Biden won this Lehigh Valley county 50-49.

Obituaries

● Charles Stenholm: Former Texas Rep. Charles Stenholm, a leader of the conservative "boll weevil" Democrats who lost his seat in rural West Texas in 2004 as a result of GOP Majority Leader Tom DeLay's infamous gerrymander, died Wednesday at 84. The congressman, who was later a prominent Blue Dog Democrat, often frustrated his party during his 26-year career, though he always turned down GOP appeals to join their own ranks.  

Stenholm, who managed his family's cotton farm and was known as the "cotton farmer from Stamford" throughout his career, first got the chance to run for office in 1978 when his fellow Democrat, Rep. Omar Burleson, retired from what was then numbered the 17th District. While today the communities contained within the borders of that sprawling constituency, which included Abilene, are some of the most Republican places in America today, Democrats back then were still the dominant faction. Jimmy Carter, according to analyst Kiernan Park-Egan, had defeated President Gerald Ford 57-43 two years before, and Stenholm's decisive win in the primary runoff set him up for an easy victory in the fall.  

The new congressman was reelected without opposition in 1980 even as, per Park-Egan, Ronald Reagan triumphed 55-44 in his seat, and he quickly made himself an ally of the new administration. Stenholm was a prominent boll weevil, a faction that handed Reagan crucial victories on tax and budget bills in the Democratic-run House, and he even launched a doomed leadership challenge from the right against Speaker Tip O'Neil following Reagan's 1984 landslide. But the Texan thrived electorally during this era, and he didn't even face a single Republican foe for reelection until 1992―a campaign he won with 66%.

The incumbent experienced his first single-digit victory in 1994 when he prevailed 54-46 as the GOP was taking control of the House, a campaign that came weeks before Stenholm badly failed to unseat Michigan Rep. David Bonior as party whip, but he was still able to maintain more than enough crossover support to remain in office for another decade. Stenholm, whom Speaker Newt Gingrich unconvincingly dubbed "the most effective left-winger in Congress," experienced a closer scare in 1996 when he held on 52-47 against Republican Rudy Izzard as his constituents backed Bob Dole for president 50-39, but he won their rematch 54-45 the following cycle.

Stenholm was one of five Democrats to vote for three of the four articles of impeachment against Bill Clinton, but his area's increasing drift to the right made his political survival all the more difficult. In 2002 he secured another term 51-47 in a constituency that George W. Bush had won 72-28 two years prior (Donald Trump would have carried that version of the 17th 79-19 in 2020), a win that came the same day that Texas Republicans were taking full control of the legislature for the first time since Reconstruction.

DeLay soon engineered a gerrymandered map that led to a faceoff between Stenholm and Republican Rep. Randy Neugebauer in a new 19th District that had favored Bush 75-25 and included far more of Neugebauer's territory, but the Democrat still fought to stay in office. Stenholm, who was the top Democrat on the House Agriculture Committee, aired ads touting his seniority and "old-fashioned values," and he argued that he could do a better job providing for his district than his opponent. Stenholm, though, struggled to win crossover support from voters who didn't know him, especially with Bush himself touting Neugebauer, and he looked doomed well before Election Day.

Stenholm ran far ahead of John Kerry, but the new 19th was so red that it was far from enough: Bush took the new 19th 78-23, while Neugebauer toppled Stenholm 58-40. The Democrat, who went on to become a lobbyist and college instructor, did express optimism weeks after his defeat that four new Blue Dogs would be joining Congress, saying, "These Blue Puppies are very impressive. They will carry on the fight."

Morning Digest: Sen. Ben Cardin isn’t running next year, but these Maryland Democrats might

Posted on by Daily Kos Elections

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

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● MD-Sen: Democratic Sen. Ben Cardin announced Monday that he would not seek a fourth term next year in Maryland, a decision that marks the beginning of the end for a political career that started in 1966 when he was still in law school. There's little question that Cardin's party will hold his seat in a state that favored Joe Biden 64-32 and where Republicans last won a Senate race in 1980, but there's already a great deal of interest among Old Line State Democrats in succeeding him.

Politico reported back in February that Prince George’s County Executive Angela Alsobrooks, who would be the first Black woman to represent Maryland in the upper chamber, was already hiring people for a campaign, and she said that same month she would consider running if Cardin didn’t. The chatter only intensified Monday after the incumbent revealed his plans: Politico says she’d “almost certain” to jump in, while Maryland Matters’ Josh Kurtz anticipates she’ll launch “before the end of the month.” Alsobrooks was elected in 2018 to lead her populous and very blue community in the D.C. suburbs, and observers have credited her support for now-Gov. Wes Moore as an important factor in his close primary victory last year.

Another contender that Politico writes is all but assured to compete is Rep. David Trone, the Total Wine & More co-founder whom Insider ranked as the 17th wealthiest member of Congress in 2021. The moderate congressman, says the story, already knows who would likely be his campaign manager, and while Trone declined to answer Monday when asked if he intends to seek a promotion, Kurtz adds that his launch could come as soon as this week. Trone self-funded what was a record $13 million in his failed 2016 primary bid for the 8th Congressional District before pumping in a total of $33 million during his subsequent three victorious campaigns for the 6th, and Time Magazine reports he’s told allies he intends to deploy as much as $50 million of his own money to succeed Cardin.

Another name to watch is Rep. Jamie Raskin, a progressive favorite who defeated Trone in that 2016 primary. Raskin, who recently finished a successful treatment for diffuse large B cell lymphoma, said through his aides he was considering a statewide campaign. Kurtz, though, believes it’s more likely the congressman will stay in the lower chamber. 

Montgomery County Councilmember Will Jawando, meanwhile, said two weeks ago he was thinking about a Senate bid, and Maryland Matters now writes he’s “preparing to run.” The councilmember, whose father immigrated to the U.S. from Nigeria, would be Maryland’s first Black senator. Jawando also competed in that 2016 primary for the 8th District and finished with just 5%, but he won his current countywide seat two years later; Kurtz predicts that, should Raskin go for Senate after all, Jawando would instead run for the 8th again.  

But wait, there’s more! Baltimore County Executive Johnny Olszewski’s team also says their boss is interested, and unlike the aforementioned four officeholders, his geographic base of support comes from the Baltimore suburbs rather than the D.C. area. (Baltimore County is a separate jurisdiction from the neighboring city of Baltimore.) The executive, though, has also been eyeing a campaign for the 2nd District should veteran Rep. Dutch Ruppersberger retire; a spokesperson for the 77-year-old congressman said Ruppersberger “has not made any decisions about the next term, nor does he have a timeline to do so.”

Kurtz additionally names Rep. John Sarbanes as another person who is “expected to consider,” though there’s no word from the congressman. Sarbanes is the son of Cardin’s predecessor, the late Paul Sarbanes, and he mulled a bid for the state’s other Senate seat in 2015 before opting to stay put. The congressman, though, doesn’t appear to have been getting ready for a campaign for his father’s old seat, though, as he raised just $10,000 during the first three months of 2023.

FiveThirtyEight’s Geoffrey Skelley also offers former DNC chair Tom Perez, who narrowly lost this primary to Moore last year, as a possibility, though Perez doesn’t appear to have said anything about a bid. There’s additionally talk that Sierra Club Executive Director Ben Jealous, who badly lost the 2018 race for governor to Republican incumbent Larry Hogan, could go for it, though a former Jealous aide tells Politico “he has made clear to them that his preference is for Jamie Raskin to run.”

The GOP wish list, by contrast, pretty much starts and ends with Hogan, who left office earlier this year, but he once again doesn’t sound at all likely to go for it. The party unsuccessfully recruited the outgoing governor to take on Democratic Sen. Chris Van Hollen last year, and a source told Politico that his response to their new charm offensive was to again say that “he has never been interested in the Senate.” On Monday, the head of Hogan’s political organization forwarded Maryland Matters that article when asked if the former governor was now thinking about making the race.

Whoever eventually wins will succeed a senator who, despite one tough race in 2006, never lost an election in a career that began when Lyndon Johnson was in the White House. Cardin grew up in a notable Baltimore political family that included his father, Meyer Cardin, who was elected to his sole four-year term state House in 1934 and later became a judge. An uncle, Maurice Cardin, enjoyed a 20-year career in the lower chamber, but he made it clear to his nephew that he wanted him as his successor when he retired.

That day came in 1966 when Ben Cardin was 23 and still a University of Maryland law student: Maurice Cardin himself recounted in 1982 that as the pair stood outside a polling place on Election Day voters went up to him rather than the soon-to-be-victorious candidate and said, "I voted for you again." The younger Cardin himself would say in 2006, "I worked hard in that [first] election, but I think it's fair to say that without the name, I wouldn't have won." But Cardin, with his uncle's encouragement, successfully sought a post on the powerful Ways and Means Committee and quickly became a respected member, and he went on to chair the body.

The delegate rose further in the state House by securing enough support to become speaker even before Election Day 1978, and the 35-year-old became the youngest person in state history up until that point to lead the chamber. Cardin, the Washington Post would write four years later, enjoyed "power [that] is almost absolute," and while there was talk he'd run as Gov. Harry Hughes running mate in 1982 to set himself up for a future bid for the top job, the speaker unsurprisingly opted to stay put. However, while Cardin said, "I would like to be governor some day," the paper noted that his name recognition was so low outside political circles that he'd had a tough time prevailing statewide.

While the speaker did eye a 1986 bid for governor, he instead ran that year to replace Rep. Barbara Mikulski when she left the safely Democratic 3rd District behind to wage a victorious Senate bid. Cardin easily claimed the nomination to replace her ahead of an overwhelming win, and he never had trouble holding his seat. The congressman, just like he did in the legislature, went on to become a member of the Ways & Means Committee and respected policy wonk, though essentially everyone agreed he was anything but a compelling orator. Cardin did spend much of 1997 mulling a primary campaign​ against Gov. Parris Glendening​, who suffered from low approval ratings, but the governor successfully maneuvered​ to keep him out​.  

Cardin finally got the chance to campaign statewide in the 2006 cycle when Maryland's other Democratic senator, Paul Sarbanes, retired, and what followed were the only seriously contested primary and general election campaigns he’d ever go through. His most prominent intra-party foe was former NAACP president Kweisi Mfume, a former congressman who would have been the state's first Black senator.

Cardin enjoyed a big financial advantage and considerably more support from powerful state Democrats, but Mfume's charisma and deep ties with the state's large African American population made him a formidable opponent. Cardin won by a tight 44-41 margin but immediately had to prepare for an expensive showdown with Lt. Gov. Michael Steele, who was Maryland’s first Black statewide elected official.

Democrats feared that, despite George W. Bush's horrible approval ratings, Steele could win enough African American support to pose a serious threat to Cardin. "The challenge of the opportunity is to build a bridge to communities the Democratic Party has taken for granted and has, by its choice of nominee," Steele declared on the campaign trail, while Mfume himself warned his party it wasn't doing enough to appeal to Black voters. This was another contest where Cardin, who joked in his own campaign ads, "Who says I'm not flashy?" faced a far more charismatic opponent, but he and his allies pushed back by tying Steele to Bush.

Cardin aired a spot late in the campaign where actor Michael J. Fox, who has Parkinson's disease, told the audience that Steele wanted to "put limits on the most promising stem cell research." The Republican responded with his own commercial featuring his sister, a pediatrician who has multiple sclerosis, pushing back and condemning Cardin, but it wasn't enough. The Democrat prevailed 54-44, though Steele's losing effort helped launch him to a high-profile and turbulent career helming the Republican National Committee from 2009 to 2011; Mfume, for his part, returned to the House in a 2020 special election.

Cardin had a far easier time in 2012 when he turned back a primary challenge from state Sen. C. Anthony Muse, who had made a name for himself as a prominent opponent of same-sex marriage, 74-16. The incumbent went on to win a low-profile general election 56-26 against Republican Dan Bongino, a former Secret Service agent who would almost win a House race two years later before reinventing himself as a Trumpian commentator.

The Cardin family suffered a political setback in the 2014 primary for attorney general when the senator's nephew, Del. Jon Cardin, took a distant second to eventual winner Brian Frosh, but Ben Cardin himself remained entrenched at home. In 2018 he won renomination in an 80-6 landslide over Chelsea Manning, the former Army soldier who was convicted of giving hundreds of thousands of classified military reports to the site Wikileaks, and he secured his final term with ease months later.

Election Night

● Lincoln, NE Mayor: Republicans on Tuesday are hoping to oust Lincoln Mayor Leirion Gaylor Baird, who is one of the few prominent Democrats who holds elected office in Nebraska, and the Flatwater Free Press' Ryan Hoffman reports that one family is spending huge to do it.

The Peed family, which owns the Lincoln-based information processing giant Sandhills Global, and their company together donated $1.1 million through April 17 to former Republican state Sen. Suzanne Geist's campaign, which Hoffman says represents about two-thirds of all the money that the candidate has received, and another $535,000 to her allied PAC. The Peeds have not revealed why they're hoping to unseat Gaylor Baird in the officially nonpartisan race, though they've become prolific GOP donors since 2020. Gaylor Baird, for her part, is hoping to portray Geist as "beholden" to her contributors.

Senate

● MI-Sen: John Tuttle, who serves as vice chair of the New York Stock Exchange, is the newest Republican name to surface as a possible contender in a race where the party doesn't currently have any viable options. Politico's Ally Mutnick writes that Tuttle, who "splits his time" between New York and Michigan, is mulling over the idea, and NRSC chair Steve Daines praised him as "a strong potential recruit."

● NJ-Sen: The New Jersey Globe writes that no notable Republicans appear interested in taking on Democratic incumbent Robert Menendez even as he's under federal investigation for corruption, though the article mentioned state Sen. Mike Testa, Assemblywoman Aura Dunn, and Warren County Commissioner Lori Ciesla as possible just-in-case contenders.  

● NY-Sen: A spokesperson for Rep. Alexandria Ocasio-Cortez played down talk that her boss could challenge Sen. Kirsten Gillibrand for renomination, telling Politico, "She is not planning to run for Senate in 2024. She is not planning to primary Gillibrand." That answer, as the story notes, isn't quite a no, but fellow Rep. Jamaal Bowman adds that he hasn't heard any discussion of AOC running "for months or weeks."

Politico adds that, while former Rep. Mondaire Jones mulled his own campaign against Gillibrand a while back, he's now decided not to go for it and is focusing on his likely bid to regain the 17th Congressional District from Republican incumbent Mike Lawler. Disgraced former Gov. Andrew Cuomo's camp, though, characteristically didn't comment when asked about his own interest in a Senate run, which at least keeps this bit of chatter alive.  

● TX-Sen: Rep. Colin Allred, reports Politico, plans to announce "as soon as this week" that he'll challenge Republican Sen. Ted Cruz, a development that would give Democrats a prominent candidate in a tough state.

● WI-Sen: An unnamed source tells The Dispatch that businessman Kevin Nicholson is "keeping a close eye on" getting into the GOP primary to face Democratic incumbent Tammy Baldwin, a contest where the party is waiting for its first viable contender to step up. Nicholson is a former College Democrats of America president who lost the 2018 primary to face Baldwin and dropped out of last year's nomination contest for governor.

● WV-Sen: The far-right Club for Growth has launched its first TV ad against Gov. Jim Justice ahead of next year's GOP primary for $10,000, which is about how much money its endorsed candidate, Rep. Alex Mooney, devoted to his first anti-Justice broadside. This minute-long spot, which like Mooney's offering seemed to be aimed more at attracting media attention than getting seen on TV, excoriates the governor as a greedy coal billionaire who "got filthy rich by stiffing working people and small businesses out of millions, leaving a trail of tears and broken promises on his way to the Fortune 400 list."

Governors

● NH-Gov: Manchester Mayor Joyce Craig on Monday formed an exploratory committee, a step no other Democrats have taken yet as they wait to see if GOP Gov. Chris Sununu will seek another term next year. Craig, who didn't say how she'd be affected by the incumbent's deliberations, kicked off her effort with support from former Gov. John Lynch, who left office in 2013 after completing his fourth two-year term.

Later in the day 2022 nominee Tom Sherman said he would not be running again, but another Democrat isn't dismissing chatter she could campaign for governor. Executive Councilor Cinde Warmington, who has reportedly been thinking about running, responded to Craig's announcement by saying, "There will be plenty of time for politics later."

● WA-Gov: Washington Gov. Jay Inslee declared Monday that he wouldn't seek what would have been a historic fourth term as chief executive of the Evergreen State, a move that will set off a battle to succeed him next year. Under state election law all the candidates will run on one ballot rather than in separate party primaries, and the top two contenders, regardless of party, will advance to the general election. Republicans haven't won this office since the late John Spellman prevailed in 1980, though Inslee himself only narrowly prevailed the last time this post was open in 2012.

Two of Inslee's fellow Democrats, Attorney General Bob Ferguson and Public Lands Commissioner Hilary Franz, have long said they'd be interested in running whenever he retired, and the Seattle Times relays that each of them are "expected to quickly announce" their bids. King County Executive Dow Constantine, though, said in March he'd be staying put.

The GOP has a small bench in this longtime Democratic bastion, and it remains to be seen if the party will be able to mount a strong effort at a time when it has no statewide elected officials to turn to. The Dispatch reported in February that former Rep. Jaime Herrera Beutler was interested, though we haven't heard anything new since. Pierce County Executive Bruce Dammeier, however, took his name out of contention over a month ago.

Inslee's departure marks the conclusion of a career that that's seen both plenty of triumphs and some big setbacks. The Democrat first won office in 1988 when he pulled off a close victory for the state House, and he sought a promotion four years later by running for the open 4th Congressional District in the rural central part of the state.

Inslee managed to advance to the general election by edging out Democratic state Sen. Jim Jesernig 23-22 in the blanket primary, a precursor to the modern top-two primary, but he faced a tough fight in the fall against Republican colleague Doc Hastings. Inslee won 51-49 at the same time that, according to analyst Kiernan Park-Egan, George H.W. Bush was carrying the seat 43-35 over Bill Clinton (independent Ross Perot secured another 22%), but he had little time to rest up.

Hastings came back for a rematch in 1994 and emphasized the incumbent's support for the Clinton administration's assault weapons ban, a vote the Democrat would acknowledge hurt him at home. The GOP wave hit Washington hard and Hastings unseated Inslee 53-47 at the same time that Speaker Tom Foley was losing re-election to George Nethercutt in the neighboring 5th District, and both constituencies have remained in GOP hands ever since. Another victor that year was Republican Rick White, who denied then-Rep. Maria Cantwell a second term in the 1st District near Seattle.

But while that disastrous cycle ended plenty of Democratic careers (though not Cantwell’s), Inslee was determined that his would not be one of them. The ousted congressman, who soon moved to the Puget Sound community of Bainbridge Island, announced a 1996 campaign for governor and said of his recent defeat, "What it showed was when you vote your convictions over political expediency, on occasion it's not good for your career." Inslee, though, struggled to gain traction in a field that included the eventual winner, Democratic King County Executive Gary Locke, as well as Seattle Mayor Norm Rice, and he finished fifth in the blanket primary with just 10%.

Inslee then set his sights on a 1998 House comeback bid against White in a constituency that, per Park-Egan, had supported Clinton 51-37 two years before. Inslee, who had no intra-party opposition this time, was in for a difficult fight in a seat both parties identified as a major battleground, and White's 50-44 lead in the blanket primary seemed to foreshadow another uphill race for the Democrat.

The incumbent, though, wasn't as strong as he appeared to be. White had just gone through a high-profile divorce, and he feared that the third-party candidacy of social conservative Bruce Craswell would cost him some much-needed support. Inslee, meanwhile, ran ads blasting the Republicans for waging a long impeachment battle against Clinton, which proved to be a compelling argument that year. Inslee got back to the House by winning 49.8-44.1, with Craswell taking the balance.

Inslee's second stint in Washington, D.C., went far better for him than his first, and he never failed to win re-election by double digits. The Democrat, however, decided to give up his secure seat in 2012 for another campaign for governor even though retiring incumbent Christine Gregoire's weak approval ratings presented a big opening for the GOP. Republicans quickly consolidated around Attorney General Rob McKenna, who had scored a 59-41 victory in 2008 during an awful year for his party, while Inslee also had no serious intra-party opposition.

Most polls through July showed McKenna in the lead but Inslee, who resigned his seat to focus on his statewide bid, worked hard to tie his opponent to unpopular national Republicans. The Democrat, in one debate, responded to the attorney general's declaration that he didn't want Washington to be a place where a third of residents were on Medicare by saying, "Remember when Mitt Romney talked about the 47% that just weren't sort of part of our family in a sense? And now my opponent says that this one out of three somehow should not have insurance." McKenna worked to win over enough Obama voters to prevail, but he wasn't able to take quite enough: Inslee instead scored a 52-48 victory at a time when the president was carrying Washington 56-41.

The new governor got a big setback before he took office when two renegade Democrats in the state Senate, Tim Sheldon and Rodney Tom, put the GOP minority in charge of the chamber even though Democrats nominally held a 26-23 edge. Inslee himself appeared to be a tempting target for 2016 after several polls showed him with an unimpressive approval rating, but potentially strong GOP foes like McKenna and Rep. Dave Reichert sat the race out. The Republican who eventually stepped forward, Port of Seattle Commissioner Bill Bryant, struggled with fundraising, and the governor beat him 54-46 as Hillary Clinton was scoring a 53-37 victory here.

Inslee had a better second term, especially after a 2017 special election put his party in control of the state Senate at long last, and in 2019 he joined a crowded presidential field. The governor's would-be successors, though, found themselves waiting for months to see if he'd turn around and seek a third term at home, which is exactly what happened when Inslee ended his White House quest in the face of poor polling. Inslee went on to become the first three-term governor since Dan Evans secured re-election in 1972 after he scored an easy 57-43 victory over far-right foe Loren Culp, a former small-town police chief who refused to recognize his landslide loss.

House

● NY-03: Former state Sen. Anna Kaplan filed FEC paperwork Monday for a potential Democratic primary bid for the seat still held by scandal-drenched incumbent George Santos.

Kaplan, a Jewish refugee from Iran who came to the United States as a child, was a North Hempstead town councilwoman when she took fourth place in the 2016 nomination fight for a previous version of this seat. She had far more success two years later when she decisively unseated Republican state Sen. Elaine Phillips, but Kaplan went on to lose her 2022 general election to former state Sen. Jack Martins 53-47. Martins himself didn't rule out a campaign of his own against Santos in January, though he didn't sound likely to go for it.

● WA-03: Camas City Councilor Leslie Lewallen announced last week that she'd run as a Republican in next year's top-two primary to face freshman Democratic Rep. Marie Gluesenkamp Perez. Lewallen, whose city has a population of just over 27,000, argued, "We already have a plan to raise more than the $5 million it will take to win this seat." This southwestern Washington constituency favored Donald Trump 51-47.

Lewallen joins a field that already includes Joe Kent, the far-right Republican who announced in December that he'd run to avenge his 50.1-49.9 upset loss against Gluesenkamp Perez from the month before. The incumbent, though, massively outraised Kent $820,000 to $200,000 during the first quarter of 2023, and she finished March with a $660,000 to $210,000 cash-on-edge advantage.

Morning Digest: Republican who got bounced from ballot in governor’s race now weighing Senate bid

Posted on by Daily Kos Elections

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

Subscribe to The Downballot, our weekly podcast

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Leading Off

● MI-Sen: The latest Michigan Republican to express interest in the state's open Senate race is former Detroit Police Chief James Craig, who ran a chaotic 2022 campaign for governor even before he was ejected from the ballot over fraudulent signatures. But Craig, who went on to wage a hopeless write-in campaign last year, remains characteristically undeterred, telling The Detroit News he's giving a Senate effort a "real critical look" but has no timeline to make up his mind. Several more disastrous Republican candidates from last cycle are also eyeing Senate runs in other states, though unlike Craig, they were at least able to make the ballot before losing.

Craig was the frontrunner in the summer of 2021 when he entered the GOP primary to take on Democratic Gov. Gretchen Whitmer, though his initial announcement that he was forming an exploratory committee―an entity that doesn't actually exist under Michigan law―was an early omen about the problems ahead. Indeed, the former chief's bid would experience several major shakeups, including the departure of two different campaign managers in less than four months.

Craig, who also made news for his heavy spending, got some more unwelcome headlines in April of 2022 when Rep. Jack Bergman announced he was switching his endorsement to self-funding businessman Perry Johnson; Bergman complained that his first choice ignored "campaigning in Northern Michigan and the [Upper Peninsula] in favor of a self proclaimed Detroit-centric approach." Still, polls showed Craig well ahead in the primary as he sought to become the Wolverine State's first Black governor.

Everything changed in May, though, when election authorities disqualified Craig, Johnson, and three other contenders from the ballot after they fell victim to a huge fraudulent signature scandal and failed to turn in enough valid petitions. Both Craig and Johnson both unsuccessfully sued to get reinstated, but only the former chief decided to forge ahead with a write-in campaign to win the GOP nod.

Craig blustered, "I'm going to win," but he became an afterthought even before far-right radio commentator Tudor Dixon emerged as the new frontrunner. Craig's write-in effort ended up taking all of 2% of the vote, though he was far from willing to back Dixon after she secured the nomination that once looked his for the taking. He instead endorsed U.S. Taxpayers Party contender Donna Brandenburg, who had also been ejected from the Republican primary, saying that Dixon's extreme opposition to abortion rights went too far even for him. Whitmer soon won 54-44, with Brandenburg in fourth with just 0.4%.

Craig's newest campaign flirtations come at a time when no major Republicans have stepped up to run for the Senate seat held by retiring Democratic incumbent Debbie Stabenow. The only notable declared contender is state Board of Education member Nikki Snyder, who also failed to make the primary ballot in 2020 when she tried to challenge Democratic Rep. Elissa Slotkin. (Dixon herself didn't shut the door on a Senate bid right after Stabenow announced her departure in January, but we've heard little from her over the following three months.)

Slotkin continues to have the Democratic side to herself, though actor Hill Harper reportedly plans to run and state Board of Education President Pamela Pugh is publicly considering herself.

1Q Fundraising

  • CA-30: Mike Feuer (D): $654,000 raised (in eight weeks), $630,000 cash on hand
  • RI-02: Seth Magaziner (D-inc): $360,000 raised

Senate

● CT-Sen: Democratic Sen. Richard Blumenthal on Sunday underwent what he said was a “completely successful” surgery for a broken leg after someone accidently tripped and collided with him at the previous day’s victory parade for the University of Connecticut's men’s basketball team. Homestate colleague Chris Murphy tweeted, “FYI after he broke his femur he got back up, dusted himself off, and FINISHED THE PARADE,” adding, “Most Dick Blumenthal thing ever.”

● MS-Sen: Far-right state Rep. Dan Eubanks has filed FEC paperwork for a potential Republican primary bid against Sen. Roger Wicker, who doesn’t appear to have made many intra-party enemies. Eubanks, who said in 2020 his family would not be getting vaccinated for COVID, introduced a pair of bills the next year to criminalize abortion and to prevent employers from requiring COVID vaccines.

● MT-Sen: Rep. Matt Rosendale doesn’t seem to be in the least bit of a hurry to reveal if he’ll seek a rematch with Democratic Sen. Jon Tester, telling CNN, “We’re just taking a nice slow time to let the people in Montana decide who they want to replace him with.”

● PA-Sen: Sen. Bob Casey confirmed Monday he’d seek a fourth term, a long-anticipated decision that still relieves Democrats who weren’t looking forward to the idea of defending an open seat in a swing state. Republican leaders continue to hope that rich guy ​​Dave McCormick will take on Casey after narrowly losing the 2022 primary for the other Senate seat, though McCormick has yet to reveal any timeline for deciding beyond sometime this year. Those same GOP leaders are also not looking forward to the prospect that state Sen. Doug Mastriano could make trouble for them again after his catastrophic bid for governor last cycle.

● WI-Sen: CNN reports that GOP leaders are urging Rep. Mike Gallagher to take on Democratic Sen. Tammy Baldwin, and he’s characteristically not quite ruling it out. “I’m not thinking about it at present,” the congressman said, which is similar to the response he’s given for months. He added of his time in office, “I’d never conceived of this as a long-term thing; I don’t think Congress should be a career ... I’m going to weigh all those factors and see where I can make the best impact.”

Governors

● LA-Gov: Republican Stephen Waguespack says he’s raised about $900,000 in the four weeks since he stepped down as head of the Louisiana Association of Business and Industry to run for governor, but his super PAC allies have taken in considerably more to help jump start his campaign. Delta Good Hands and Reboot Louisiana together have hauled in $2.23 million during the not-quite quarterly fundraising period that finished April 7; reports are due for everyone April 17.

House

● CA-45: Attorney Aditya Pai announced Monday that he would campaign as a Democrat against Republican Rep. Michelle Steel in next year’s top-two primary for a constituency Biden carried 52-46. Pai, who immigrated from India as a child, would be the first Indian American to represent an Orange County-based seat in Congress.

Also in the running are two fellow Democrats: Garden Grove City Councilwoman Kim Bernice Nguyen and attorney Cheyenne Hunt, a former consumer advocate from Public Citizen whom Politico says enjoys a "substantial TikTok following."

● OH-09: Real estate broker Steve Lankenau, who served as mayor of the small community of Napoleon from 1988 to 1994, has announced that he's joining the GOP primary to take on Democratic Rep. Marcy Kaptur.

Another local Republican, disastrous 2022 nominee J.R. Majewski, made news briefly Friday when he updated his information with the FEC, though some outlets initially and incorrectly reported that he'd filed paperwork for a rematch with Kaptur. As we've written before, though, what look like new filings from defeated candidates often have more to do with resolving financial and bureaucratic matters from their last campaign than they do about the future, and Majewski himself said, "Unfortunately I have not filed a statement of candidacy."

● PA-07, PA-08, PA-17: Inside Elections' Erin Covey surveys the potential Republican fields in a trio of Democratic-held House seats in Pennsylvania, though no big names have so much as publicly expressed interest in running yet.

We'll start in Democratic incumbent Susan Wild's 7th District in the Lehigh Valley, a constituency Joe Biden took just 50-49 in 2020. Covey reports that Lisa Scheller, whom Wild narrowly held off in both 2020 and 2022, hasn't ruled out another try, though unnamed Republicans doubt she'll wage a third campaign. There's been some chatter about state Rep. Ryan Mackenzie and Kevin Dellicker, who lost last year's primary to Scheller just 52-48, though no word if either is interested.

The situation is similar in Rep. Matt Cartwright's 8th District just to the north, a Scranton/Wilkes-Barre constituency that Donald Trump carried 51-48. Another two-time nominee, Jim Bognet, reportedly hasn't closed the door on another attempt, but a GOP source tells Covey there's "definitely donor fatigue" about him. State Sen. Rosemary Brown and gastroenterologist Seth Kaufer have been talked about as alternatives, but a party operative acknowledges, "It's been oddly quiet at this point in terms of people talking with other people about potentially running."

There seems to be a bit more interest in taking on freshman Democratic incumbent Chris Deluzio in the 17th District across the state in the Pittsburgh suburbs, though still no takers yet for this 52-46 Biden seat. Covey writes that 2022 nominee Jeremy Shaffer, who lost to Deluzio 53-47, "has shown some interest" in a 2024 attempt, as has state Rep. Rob Mercuri. A few other Republicans have also been mentioned including 2022 primary runner-up Jason Killmeyer; businesswoman Tricia Staible, who dropped out before the primary; Allegheny County Councilman Sam DeMarco; and former state House Speaker Mike Turzai.

● RI-01: Former state Rep. Aaron Regunberg declared Monday that he would compete in the upcoming special election while his fellow Democrat, state Rep. Steve Casey, has filed FEC paperwork and says he'll also announce soon. Regunberg in 2018 waged a primary bid against Lt. Gov. Dan McKee, who had long had an uneasy relationship with progressives and unions. The challenger, who accused McKee of accepting "dark money" from PACs, also benefited from the support of several major labor groups, and it was almost enough to unseat him.

But McKee, who argued that he'd be better positioned to lead the state should Gov. Gina Raimondo leave office early, maintained the backing of most Ocean State politicos, and he held on 51-49 before decisively winning the general election. The scenario the incumbent predicted indeed came to pass in 2021 when Raimondo became U.S. secretary of commerce and McKee replaced her as governor.

Judges

● NY Court of Appeals: Democratic Gov. Kathy Hochul announced Monday that her new nominee to head New York's highest court would be a current member of its liberal wing, associate Judge Rowan Wilson, a development that comes almost two months after the state Senate overwhelmingly rejected her first choice for chief judge of the Court of Appeals. Hochul also revealed that she'd be picking attorney Caitlin Halligan, who is a former state solicitor general, to take the associate seat Wilson would be vacating.

New York Focus' Sam Mellins predicted that Halligan would be the swing vote on a body where liberals and conservatives have been evenly split since conservative Chief Judge Janet DiFiore unexpectedly resigned last year. DiFiore's departure last time gave Hochul a chance to reshape the court―a chance she very much did not take at first.

In New York the governor is required to pick from a list of seven court nominees submitted by the Commission on Judicial Nominations, and The Daily Beast reported in January that the one name that labor groups objected to was the person Hochul opted for, Hector LaSalle. LaSalle needed a majority of the state Senate to vote his way, but the Democratic-led body ultimately delivered him a historic 39-20 rejection.  

Prominent liberals this time responded by praising Wilson, who would be the Court of Appeals' first Black chief judge, while Halligan's nomination hasn't attracted anything like the backlash that greeted LaSalle. The Center for Community Alternatives, the progressive coalition that helped block LaSalle earlier this year, said that, while Halligan's time representing "a prosecutor's office and of major corporations in disputes against their employees and others raises concerns," she would still be "a marked improvement" from DiFiore.

CCA, which also noted Halligan had represented progressives, called for the state Senate to "scrutinize her closely in its consideration of her nomination." Majority Leader Andrea Stewart-Cousins and other powerful Democrats who opposed LaSalle in turn issued statements supportive of both Wilson and Halligan.

● PA Supreme Court: Newly released fundraising reports for the May 16 primaries show that the two contenders who have the backing of their respective state party, Democrat Daniel McCaffery and Republican Carolyn Carluccio, hold a big edge over their intra-party foes. The post everyone wants to win on Nov. 7 became vacant last September when Chief Justice Max Baer died at the age of 74, just months before the Democrat was required to retire because of age limits.

McCaffery outraised fellow Superior Court Judge Deborah Kunselman $141,000 to $56,000 among donors during the first three months of 2023, with Kunselman throwing down another $11,000. Carluccio, who holds the title of president judge in Montgomery County, meanwhile raised $122,000 and threw down another $25,000.

Finally, Spotlight PA says that almost all of the $11,000 that Commonwealth Court Judge Patricia McCullough hauled in came from the campaign of state Sen. Doug Mastriano, the QAnon ally who was the GOP's 2022 nominee for governor.

Legislatures

● TN State House: Just days after being expelled from the Tennessee legislature for taking part in a demonstration on the House floor, Democrat Justin Jones was unanimously restored to his post by Nashville’s Metropolitan Council. Republicans had sought Jones' ouster after he used a megaphone to lead a chant in favor of gun law reforms from the chamber's well, but the state constitution gives local county governments the power to fill vacancies. (The Metro Council is officially nonpartisan but leans Democratic.)

The constitution also forbids lawmakers from punishing members twice for the same offense, so Jones should be able to keep his seat until a special election can be held for a permanent replacement—a race in which he's also eligible to run. Jones was unopposed last year in his bid for the safely blue 52nd District, though he first had to win a competitive primary.

A second Democrat who was ejected from the House, Justin Pearson, is also likely to be reinstated when the Shelby County Commission meets on Wednesday to discuss the fate of the Memphis-area 86th District, another deep blue seat. Like Jones, Pearson also ran uncontested when he won a special election just last month after dominating a large primary field.

One commissioner who supports Pearson said that Republican legislative leaders have threatened to cut funding for the county if it sends Pearson back to the legislature. GOP lawmakers have also retaliated against Nashville for thwarting their plans to host the 2024 Republican convention by, among other things, passing a bill to cut the 40-member Metro Council in half, but that effort was temporarily blocked by a court on Monday.

Mayors and County Leaders

● Allegheny County, PA Executive: The first poll we've seen of the May 16 Democratic primary is an early March survey from the GOP firm Public Opinion Strategies for the "business-organized labor-workforce-economic development alliance" Pittsburgh Works Together, and it shows county Treasurer John Weinstein leading Pittsburgh Controller Michael Lamb 28-24 as state Rep. Sara Innamorato took 17%. No other candidate earned more than 2% in the nomination fight to succeed termed-out incumbent Rich Fitzgerald in this loyally blue community.

WESA's Chris Potter writes that, while party insiders "say the numbers track with other internal polls taken in March," much has happened since this POS survey was conducted. Weinstein launched his first ads in late February and had a monopoly on the airwaves for weeks, but Lamb, Innamorato, and attorney Dave Fawcett have since started running commercials. Weinstein also has attracted weeks of scrutiny over his ethics in office, including what Potter weeks ago characterized as "alleged secret deals to be returned to the board of the county's sewer authority."

● Philadelphia, PA Mayor: A judge on Monday issued a temporary order banning grocer Jeff Brown’s super PAC allies from spending more money on his behalf, a move that came after the Philadelphia Board of Ethics filed a lawsuit alleging that Brown and For A Better Philadelphia had improperly coordinated ahead of the May 16 Democratic primary. The PAC’s attorney said that the group, which has spent $1.1 million, had finished its spending for the campaign and would agree to the order, though it pushed back on the board’s claims. A full hearing is set for April 24.

The board alleges that Brown “engaged in extensive fundraising” for the PAC’s nonprofit arm, which in turn financed its electoral efforts. The candidate’s attorney disputes this, calling the suit “a disagreement on campaign finance between the lawyers.”

Another disastrous Republican candidate from last year is mulling a comeback, this time in Michigan

Posted on by Jeff Singer

The latest Michigan Republican to express interest in the state’s open Senate race is former Detroit Police Chief James Craig, who ran a chaotic 2022 campaign for governor even before he was ejected from the ballot over fraudulent signatures. But Craig, who went on to wage a hopeless write-in campaign last year, remains characteristically undeterred, telling The Detroit News he’s giving a Senate effort a “real critical look” but has no timeline to make up his mind. Several more disastrous Republican candidates from last cycle are also eyeing Senate runs in other states, though unlike Craig, they were at least able to make the ballot before losing.   

Craig was the frontrunner in the summer of 2021 when he entered the GOP primary to take on Democratic Gov. Gretchen Whitmer, though his initial announcement that he was forming an exploratory committee―an entity that doesn't actually exist under Michigan law―was an early omen about the problems ahead. Indeed, the former chief’s bid would experience several major shakeups, including the departure of two different campaign managers in less than four months.

Campaign Action

Craig, who also made news for his heavy spending, got some more unwelcome headlines in April of 2022 when Rep. Jack Bergman announced he was switching his endorsement to self-funding businessman Perry Johnson; Bergman complained that his first choice ignored "campaigning in Northern Michigan and the [Upper Peninsula] in favor of a self proclaimed Detroit-centric approach.” Still, polls showed Craig well ahead in the primary as he sought to become the Wolverine State’s first Black governor.

Everything changed in May, though, when election authorities disqualified Craig, Johnson, and three other contenders from the ballot after they fell victim to a huge fraudulent signature scandal and failed to turn in enough valid petitions. Both Craig and Johnson both unsuccessfully sued to get reinstated, but only the former chief decided to forge ahead with a write-in campaign to win the GOP nod.

Craig blustered, “I'm going to win,” but he became an afterthought even before far-right radio commentator Tudor Dixon emerged as the new frontrunner. Craig’s write-in effort ended up taking all of 2% of the vote, though he was far from willing to back Dixon after she secured the nomination that once looked his for the taking. He instead endorsed U.S. Taxpayers Party contender Donna Brandenburg, who had also been ejected from the Republican primary, saying that Dixon’s extreme opposition to abortion rights went too far even for him. Whitmer soon won 54-44, with Brandenburg in fourth with just 0.4%.

Craig’s newest campaign flirtations come at a time when no major Republicans have stepped up to run for the Senate seat held by retiring Democratic incumbent Debbie Stabenow. The only notable declared contender is state Board of Education member Nikki Snyder, who also failed to make the primary ballot in 2020 when she tried to challenge Democratic Rep. Elissa Slotkin. (Dixon herself didn’t shut the door on a Senate bid right after Stabenow announced her departure in January, but we’ve heard little from her over the following three months.) Slotkin continues to have the Democratic side to herself, though actor Hill Harper reportedly plans to run and state Board of Education President Pamela Pugh is publicly considering herself.

Click here to stop Republicans from snatching the Senate!

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

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.

Subscribe to The Downballot, our weekly podcast

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Leading Off

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

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

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

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

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

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

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

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

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

The Downballot

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

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

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

Senate

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

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

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

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

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

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

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

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

Governors

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

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

House

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

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

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

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

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

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

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

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

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

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

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

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

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

Legislatures

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

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

Mayors and County Leaders

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

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

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

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

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

Prosecutors and Sheriffs

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

Morning Digest: Darrell Issa thought he had an easy path to a comeback. A new poll says guess again

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

● CA-50: While California Republican Darrell Issa looked like a sure bet to return to the House after he narrowly prevailed in the March top-two primary, a new SurveyUSA poll finds him locked in an unexpectedly close open seat contest with Democrat Ammar Campa-Najjar. The poll, which was done for KGTV-TV San Diego and the San Diego Union-Tribune, shows Issa up just 46-45. Perhaps even more surprisingly, the sample finds Joe Biden ahead 48-45 in California's 50th Congressional District, an ancestrally Republican seat in inland San Diego County that backed Donald Trump 55-40 in 2016.

This is the first independent poll we've seen since the top-two six months ago. Last month, Campa-Najjar released numbers from Strategies 360 that found him down 47-43, but his campaign did not mention any presidential results. So far, though, no major outside groups on either side have booked air time here, though that could always change over the next two months.

Campaign Action

Issa infamously decided to run here the cycle after he retired as the congressman from the neighboring and more Democratic 49th District just ahead of the 2018 blue wave, and it's possible that his weak connections to this area are hurting him. SurveyUSA finds Issa with an even 32-32 favorable rating, while Campa-Najjar sports a 37-26 score.

If SurveyUSA is right, though, then there's also been a big shift to the left in this seat over just the last two years. Back in 2018, then-Rep. Duncan Hunter managed to fend off Campa-Najjar 52-48 even though the Republican incumbent was under indictment at the time for misusing campaign money. That was a much better performance than Democrats usually pull off in this area, but the fact that this district still decided to return Hunter to Congress even in a terrible year for Republicans didn't seem to bode well for Campa-Najjar's second campaign, especially after Hunter took a plea deal in late 2019 and resigned.

We'll need to see if more polls find a close race, and we'll also be keeping an eye out to see if major outside groups spend here. However, if this contest is tight, Campa-Najjar will have the resources to run a serious campaign. The Democrat ended June with a $890,000 to $516,000 cash-on-hand, though Issa is more than capable of self-funding if he needs to.

Senate

● AK-Sen: A newly formed PAC called Independent Alaska has launched an ad campaign supporting Al Gross, an independent who won the Democratic nomination last month. The commercial touts Gross' time as a fisherman and a doctor and informs the audience, "Dr. Al's father was Alaska's AG [attorney general], and his neighbor and fishing partner growing up was Republican Gov. Jay Hammond." The narrator concludes, "We're in a pandemic. It's time to send a doctor to D.C." There is no word on the size of the buy.

● GA-Sen-B: Republican Rep. Doug Collins is running his first ad on broadcast TV, and he begins by saying of the appointed GOP incumbent, "Kelly Loeffler spent $30 million on slick ads telling lies—now it's my turn to tell the truth."

Collins continues, "I'm not a billionaire. I'm a state trooper's kid, a husband, a father, an Air Force chaplain and Iraq War veteran." He adds, "I'm President Trump's top defender against the sham impeachment, and yes, his preferred pick for the Senate." Trump reportedly did very much want Collins to be appointed to this seat, but he hasn't taken sides in the Nov. 3 all-party primary between the congressman and Loeffler.

On the Democratic side, pastor Raphael Warnock, who would be the state's first Black senator, is using his newest commercial to talk about his experiences with systemic racism. The narrator begins, "1982. A 12-year-old is accused of stealing and dragged out a store, told he looks suspicious because his hands are in his pockets." The audience then sees it's the candidate speaking as he continues, "I'm Raphael Warnock and that boy was me."

Warnock goes on, "Back then I didn't understand how much the system works against those without power and money, that the rules were different for some of us. Too often that's still true today, especially in Washington." Warnock ends by saying that it's time for this to change.

● MI-Sen: The Glengariff Group's new poll for WDIV and the Detroit News finds Democratic Sen. Gary Peters leading Republican John James 44-41, while Joe Biden is ahead 47-42. Glengariff's last poll was all the way back in January, and it showed Peters up by a similar 44-40 spread.

● MN-Sen: Citizens United (yes, the Citizens United) has launched what the National Journal's Dylan Wells reports is a six-figure buy supporting Republican Jason Lewis. The commercial, like Lewis' own ads, promotes Lewis as a supporter of the police and an opponent of violent mobs; both Lewis and Citizens United's spots also ignore racism and police brutality.

● NC-Sen: Democrat Cal Cunningham has the first commercial we've seen anywhere focusing on allegations that the Russian government put out a bounty on American troops in Afghanistan. Cunningham says that his fellow veterans are the first ones to answer the call and continues, "So when [Republican Sen.] Thom Tillis fails to act while the Russians pay bounties for dead Americans, something is deeply wrong in Washington."

● TX-Sen: Democrat MJ Hegar is airing her first TV ad of the general election as part of what her campaign says is a $1.5 million buy in six media markets that are home to 80% of the state's voters. As faint sounds of explosions are heard, the candidate tells the audience, "It was my third tour in Afghanistan. I was flying a medevac mission when I was shot through the windshield and we went down."

The camera gradually pans out to reveal a smoking helicopter in the canyon behind Hegar as she continues, "So I strapped myself to the skids of the helicopter that rescued us and returned fire on the Taliban as we flew to safety. For that I was awarded the Purple Heart and the Distinguished Flying Cross with Valor." The candidate goes on, "I'm MJ Hegar, and we fought like hell to get everyone home safe that day. And I approved this message because my mission isn't over while Texas families are still in danger."

Gubernatorial

● WV-Gov: Democrat Ben Salango is airing his first TV spot since he won the primary three months ago. As old photos from his childhood fill the screen, the candidate says, "I grew up in a two-bedroom trailer in Raleigh County. It was a big deal when we got our first washer and dryer."

Salango then goes after Republican Gov. Jim Justice, declaring, "My family worked hard to build a business and even harder to pay the bills. Jim Justice is a billionaire who's been sued over 600 times for not paying his bills. And who made a secret deal with the government he controls to give himself tax breaks." Salango concludes, "I mean c'mon. I'll never betray West Virginia like that. I was raised better."

House

● CA-25: Democrat Christy Smith is running her first commercial since her defeat in the May special election. Smith talks about how her mother survived domestic violence and "rebuilt our lives" with a nursing degree from the local community college. The candidate says she went on to work three jobs to pay for her education at that same institution and went on to found an education nonprofit.

● CA-48: In its opening TV spot for this race, the DCCC declares that Republican Michelle Steel's allies were at the center of a major corruption scandal, but she "voted to defund the anti-corruption unit in Orange County."

The ad is also running in Vietnamese, which makes this one of the very rare examples of an American political commercial that's aired on TV all or mostly in a language other than English or Spanish. Back in 2018, Democrat John Chiang ran a spot entirely in Mandarin in his unsuccessful bid for governor of California, while Republican Ed Gillespie added Korean subtitles to a commercial during his 2017 primary for governor of Virginia.

There have been a few instances of American political ads airing on the radio in a language other than English or Spanish (and obviously, without subtitles.) In 2016, Arizona Democrat Ann Kirkpatrick recorded some ads in Navajo, which she speaks, for her unsuccessful Senate bid. That same year, Ohio GOP Sen. Rob Portman's campaign did a Ukrainian radio ad for his re-election campaign.

● IA-01: Back in July, Republican Ashley Hinson blamed her campaign staff after the New York Times reported that several op-eds credited to her, as well as material on her campaign site, were full of passages plagiarized from other sources, and the DCCC is using its first TV spot to go after Hinson over this.

The narrator begins, "In tough times, we need leaders we can trust. But Ashley Hinson was caught plagiarizing—word for word—from the Des Moines Register, the New York Times, even her opponent's own policy positions." He then focuses on Hinson's record, declaring, "And Hinson took thousands from the nursing home industry. When the Coronavirus struck—Hinson voted to protect them with special legal immunity. Instead of protecting seniors and workers."

● OH-01: House Majority PAC has released a survey from the Democratic firm Normington Petts that shows Democrat Kate Schroder leading Republican Rep. Steve Chabot 50-46, while Joe Biden has a tiny 48-47 edge in this Cincinnati-based seat. We've seen a few other polls this year from Schroder and her allies that have found a tight race, while Republicans have yet to drop their own numbers.

HMP is also running a commercial that targets Chabot over the truly strange scandal that engulfed Chabot's campaign last year, a story that Schroder has also focused on in her ads. The spot begins by reminding viewers that Chabot became a member of Congress in 1995 when "[b]aseball was on strike" and "Toy Story debuted. The first one." The narrator continues, "But now, a confirmed FBI investigation into $123,000 missing from Chabot's campaign. And Chabot's campaign paid his son-in-law's company nearly $200,000." The narrator concludes, "Twenty-four years in Congress has taken its toll on Steve Chabot."

● PA-01: Democrat Christina Finello's first general election ad focuses on her own struggles with college loans and healthcare. She says that, while she "understands the struggles of the middle class," Republican Rep. Brian Fitzpatrick "votes with Trump. Giving tax cuts to the rich and ending protections for people with pre-existing conditions."

Fitzpatrick, meanwhile, uses his own ad to tout his endorsements from groups that usually pull for Democrats like the AFL-CIO, the League of Conservation Voters, and Everytown for Gun Safety, as well as the local police and firefighter unions. The congressman's mom also makes it clear she's backing Fitzpatrick.

● SC-02: EMILY's List has endorsed Adair Ford Boroughs' campaign against Republican Rep. Joe Wilson.

● TX-21: While freshman Republican Rep. Chip Roy has shown absolutely no desire to actually vote or behave like anything other than the far-right Freedom Caucus member that he is, the former Ted Cruz chief of staff is using his opening ad to portray himself as a bipartisan figure. Roy declares he'll "hold my party accountable if they're wrong, and work across party lines when it's right for Texas."

● TX-23: Republican Tony Gonzales uses his first general election commercial to talk about how he went from growing up in an abusive home where he was abandoned by his father to the Navy.

Meanwhile, VoteVets has launched a $533,000 ad campaign against Gonzales. The ad stars an injured veteran who tells the audience that Gonzales "supports taking away health coverage from half a million veterans."

● UT-04: The Congressional Leadership Fund is running a very rare positive TV commercial promoting Republican Burgess Owens, whom House Majority PAC recently began attacking.

CLF promotes Owens as a "pro-football star, political outsider, conservative, successful businessman, and mentor to troubled kids." As the ad shows footage of a football game, the narrator declares Owens will "heal our nation, tackling a virus and protecting the vulnerable." Those feel good themes are not, shall we say, the type of things that CLF likes to fill its ads with.

● VA-02: This week, a third staffer from Republican Scott Taylor's 2018 campaign was indicted for allegedly submitting fraudulent signatures in order to get a former Democrat on the ballot as an independent that year. Special prosecutor John Beamer predicted that he would seek at least one additional indictment, and he said of Taylor, "He's part of the campaign and the whole campaign is under investigation."

Taylor is seeking a comeback against freshman Democratic Rep. Elaine Luria, who narrowly unseated him in 2018. Last month, Taylor sent a cease-and-desist letter to Luria demanding that she stop making statements claiming that he is under investigation for ballot access fraud only for Beamer to publicly contradict him. Luria soon began running commercials focused on the ongoing scandal.

● VA-05: Democrat Cameron Webb is up with two commercials that decry the "lies and dirty tricks" being waged by Republican Bob Good, who recently ran a truly racist spot against Webb.

In Webb's first ad, the narrator declares that the candidate "is not for defunding the police," and adds that "a senior Trump official is praising Webb." The commercial highlights the law enforcement officials backing Webb before the candidate himself appears and talks about his work in the Obama and Trump administrations and support for "free market solutions to bring healthcare costs down."

The second Webb spot stars several former sheriffs as well as Albemarle County Commonwealth's Attorney Jim Hingeley, who praise Webb and implore the audience not to let "Bob Good scare you from electing a good man."

Ballot Measures

● CA Ballot: Probolsky Research has released the first poll we've seen of Prop. 15, the so-called "split roll" initiative that would scale back a significant part of the law passed by anti-tax crusaders in 1978, and finds it down 49-41. Probolsky has worked for Republicans in the past, but it says this survey was not done for a client.

The poll was taken just before the pro-Prop. 15 group Schools & Communities First launched its opening TV commercials. One ad declares that wealthy corporate tycoons "think they're entitled to tax handouts. Prop. 15 closes the loopholes." The narrator continues, "The richest 10% of corporate properties provide 92% of the revenue, while homeowners, renters, and small businesses are protected." The second spot argues, "Prop. 15 would raise billions of dollars that our communities and schools need" and would make "wealthy large corporations pay their fair share, while small businesses get a tax break."

As David Jarman has written, Prop. 15 would dramatically alter California's property tax landscape and lead to a massive increase in tax revenue by repealing a portion of 1978's Prop. 13. That measure limits the annual property tax on a particular property to no more than 1% of its assessed value and, most importantly, limits the increase in a property's assessed value to no more than 2% per year—even if its actual market value has soared. This has resulted in municipalities and school districts taking in revenues far smaller than they ought to be.

However, voters finally have their chance this fall to modify the system Prop. 13 set up decades ago. This year's Prop. 15 would essentially split the "roll" of properties every municipality maintains by requiring commercial and industrial properties to be reassessed at actual market value while keeping residential and agricultural properties under Prop. 13's rules.

Mayoral

● Miami-Dade County, FL Mayor: On behalf of the Miami Herald, the Democratic pollster Bendixen & Amandi International is out with a survey that finds Democrat Daniella Levine Cava leading Republican Steve Bovo 39-32 in this November's officially nonpartisan contest. This sample also found Joe Biden ahead 55-38 in a county that supported Hillary Clinton 63-34.

Primary Result Recaps

● NH-Sen: Corky Messner, a wealthy attorney endorsed by Donald Trump, beat retired Army Brig. Gen. Donald Bolduc 51-42 in the Republican primary. Bolduc responded to his defeat by declaring that he wouldn't back Messner in the general election against Democratic Sen. Jeanne Shaheen. "I will not support a man who is being investigated for fraud by the attorney general," Bolduc said, "No. I will not support him. I will not disgrace my name to support a man like that."

Last month, Mary Mullarkey, a former chief justice of the Colorado Supreme Court, asked that state's attorney general and secretary of state to investigate the charitable foundation run by Messner, who lived in Colorado until last year. Mullarkey's request came after the Washington Post reported that the Messner Foundation, whose stated purpose is to provide college scholarships to low-income students, had only awarded a grant to one student in its first 10 years of existence. However, despite what Bolduc said, there are no reports that a legal investigation is underway.

No matter what happens with this story, Messner will be in for a difficult race against Shaheen, a longtime figure in New Hampshire politics. A recent poll from the University of New Hampshire found Shaheen beating Messner 54-36, and no major groups have booked ad time here. Messner's ability to self-fund could still give him an opening if Donald Trump performs well in this swing state, though, so Daily Kos Elections is keeping it on the big board at Likely Democratic.

● NH-Gov: State Senate Majority Leader Dan Feltes won the Democratic nomination to take on Republican Gov. Chris Sununu by defeating Executive Councilor Andru Volinsky 52-48. On the GOP side, Nobody lost.  

Sununu has polled well during his tenure, and a recent survey from the University of New Hampshire found him beating Feltes 57-33. However, Sununu's allies at the RGA don't seem to think the governor is a lock in this swing state, since they reserved $3.6 million in television time for the general election earlier this year. Daily Kos Elections rates this contest as Likely Republican.

● NH-01: Former Trump aide Matt Mowers, who had his old boss' endorsement in the Republican primary, beat former state party vice chair Matt Mayberry 60-26. Mowers will face freshman Democratic Rep. Chris Pappas in the fall.

The 1st District, which includes eastern New Hampshire, has been very competitive turf for a long time, and both Barack Obama and Donald Trump only narrowly won it. Pappas, however, prevailed 54-45 during the 2018 blue wave, and he holds a huge financial edge over Mowers with less than two months to go before voting concludes. A recent poll from the University of New Hampshire also showed Pappas up 52-34, though we haven't seen any other numbers here.

Still, Team Blue isn't leaving anything to chance in this swing seat, and House Majority PAC has reserved $2 million for this race; Republicans have not yet booked any air time. Daily Kos Elections rates this contest as Lean Democratic.

● NH State Senate, Where Are They Now?: Former Democratic Rep. Paul Hodes lost Tuesday's Democratic primary for New Hampshire's 15th State Senate District to Becky Whitley, a disability rights attorney, 41-33. This seat backed Hillary Clinton 58-37, and Whitley will be the clear favorite to succeed state Senate Majority Leader Dan Feltes, who is the Democratic nominee for governor.

Ad Roundup

Morning Digest: How a brazen campaign finance scandal led to this Florida Republican’s downfall

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.

Alaska, Florida, and Wyoming held their primaries on Tuesday. You can find current results at the links for each state; we’ll have a comprehensive rundown in our next Digest.

Leading Off

● FL-15: Republican primary voters in Florida’s 15th Congressional District on Tuesday denied renomination to freshman Rep. Ross Spano, who has been under investigation by the Justice Department since last year due to a campaign finance scandal, and instead gave the GOP nod to Lakeland City Commissioner Scott Franklin.

With all votes apparently counted, Franklin defeated Spano 51-49. Franklin’s next opponent will  be former local TV news anchor Alan Cohn, who beat state Rep. Adam Hattersley 41-33 for the Democratic nomination.

Campaign Action

This central Florida seat, which includes the mid-sized city of Lakeland and the exurbs of Tampa and Orlando, moved from 52-47 Romney to 53-43 Trump, and Franklin is favored to keep it in Republican hands. Still, the general election could be worth watching: In 2018, before news of Spano’s campaign finance scandal broke, he won by a modest 53-47 margin.

Spano’s defeat ends a short, but unfortunately for him quite eventful, congressional career. Spano, who was elected to the state House in 2012, had been waging a campaign for state attorney general in 2018 until Republican Rep. Dennis Ross surprised everyone by announcing his retirement. Spano switched over to the contest to succeed Ross, which looked like an easier lift, but he nonetheless faced serious intra-party opposition from former state Rep. Neil Combee.

Spano beat Combee 44-34 and went on to prevail in the general election, but he found himself in trouble before he was even sworn into Congress. That December, Spano admitted he might have broken federal election law by accepting personal loans worth $180,000 from two friends and then turning around and loaning his own campaign $170,000. That's a serious problem, because anyone who loans money to a congressional candidate with the intent of helping their campaign still has to adhere to the same laws that limit direct contributions, which in 2018 capped donations at just $2,700 per person.

The House Ethics Committee initially took up the matter but announced in late 2019 that the Justice Department was investigating Spano. The congressman variously argued that he'd misunderstood the law governing campaign loans but also insisted his campaign had disclosed the loan "before it became public knowledge" in the financial disclosure forms all federal candidates are obligated to file.

That latter claim, however, was flat-out false: As the Tampa Bay Times' Steve Contorno explained, Spano had failed to file those disclosures by the July 2018 deadline, only submitting them just before Election Day—after the paper had asked about them. Only once those reports were public did the paper learn that the money for Spano's questionable loans came from his friends.

Despite his scandal, most of the party establishment, including Sen. Marco Rubio and most of the neighboring Republican congressmen, stood by Spano. However, he had trouble bringing in more money, and Franklin used his personal wealth to decisively outspend the incumbent. The anti-tax Club for Growth dumped $575,000 into advertising attacking Franklin, but it wasn’t enough to save Spano from defeat on Tuesday.

P.S. Spano is the fifth House Republican to lose renomination this cycle, compared to three Democrats. The good news for the rest of the GOP caucus, though, is that none of them can lose their primaries … because the remaining states don’t have any Republican members. (Louisiana does host its all-party primaries in November, but none of the state’s House members are in any danger.)

Senate

● AL-Sen: In what appears to be the first major outside spending here on the Democratic side, Duty and Honor has deployed $500,000 on an ad buy praising Sen. Doug Jones. The commercial extols the incumbent for working across party lines to protect Alabamians during the pandemic and "fighting to expand Medicaid to cover Alabama families who need it." The conservative organization One Nation, meanwhile, is running a spot hitting Jones for supporting abortion rights.

● GA-Sen-A: The Democratic group Senate Majority PAC is running an ad going after a Georgia Republican senator's stock transactions … just not the senator you might expect. The commercial begins, "Jan. 24, the U.S. Senate gets a private briefing on the coronavirus. Georgia Sen. David Perdue gets busy." The narrator continues, "That same day, he buys stock in a company that sells masks and gloves. Then sells casino stocks and winds up buying and dumping up to $14.1 million dollars in stock."

Perdue, like homestate colleague Kelly Loeffler, has argued that these trades were made by advisers who acted independently. Perdue has also said that he was not part of that Jan. 24 briefing.

Meanwhile, SMP's affiliated nonprofit, Duty and Honor, is airing a spot that uses Perdue's own words to attack his handling of the pandemic. "Very, very few people have been exposed to it," the audience hears Perdue say, "The risk of this virus still remains low." The narrator continues, "No wonder Perdue voted against funding for more masks, gloves, and ventilators. And voted to cut funding at the CDC to combat pandemics."

● GA-Sen-B: Georgia United Victory, which supports Republican Sen. Kelly Loeffler, is airing another commercial attacking Republican Rep. Doug Collins, and the Atlanta Journal-Constitution reports that its total buy now stands at $6 million.

As pigs fill the screen, a truly bored-sounding narrator begins, "Another talking pig commercial? Good grief. We all know pigs are wasteful." She goes on to ask, "Is that the best comparison to Doug Collins? Oh sure. Collins loves pork for things like wine tasting and the opera." She goes on to say the congressman is too close to lobbyists and concludes, "He's laid quite a few eggs. Ever seen a pig lay an egg? Didn't think so." We really don't understand why this spot decided to go into the details of pig reproduction for no apparent reason, but ok.

● IA-Sen, NC-Sen: Politico reports that Everytown for Gun Safety is launching an ad campaign this week against two Republican senators: The group will spend $2.2 million against Iowa's Joni Ernst (here and here), and $3.2 million opposing North Carolina's Thom Tillis (here and here).

Both ads argue the incumbents are too close to special interests, including the "gun lobby" and the insurance industry. The Iowa commercials also reference Ernst's infamous 2014 "make 'em squeal" spot by arguing, "She said she'd go to Washington and make them squeal. Joni Ernst broke that promise to Iowa and made the special interests her top priority." The narrator concludes that Ernst has actually left Iowans to squeal.

● MA-Sen: Priorities for Progress, a group that the Boston Globe says is affiliated with the pro-charter school and anti-teachers union organization Democrats for Education Reform, has released a SurveyUSA poll that shows Massachusetts Sen. Ed Markey narrowly leading Rep. Joe Kennedy 44-42 in the Democratic primary. Neither group appears to have taken sides in the Sept. 1 contest.

This is the third poll we've seen in the last month, and the others have also shown Markey in the lead. However, while the Republican firm JMC Analytics gave the incumbent a similar 44-41 edge in an early August crowdfunded survey, a YouGov poll for UMass Amherst and WCVB had Markey ahead 51-36 last week.

● MI-Sen: Republican John James has publicized a poll from the Tarrance Group that shows him trailing Democratic Sen. Gary Peters "just" 49-44; the survey, like most Republican polls this cycle, did not include presidential numbers.

There isn't any ambiguity about why James' team is releasing this survey, though. The memo noted that, while the Democratic group Duty and Honor has been airing commercials for Peters, there has been "no corresponding conservative ally on the air against Gary Peters," and it goes on to claim the Republican can win "[w]ith the proper resources." Indeed, as Politico recently reported, major Republican outside groups have largely bypassed this contest, and neither the NRSC or Senate Leadership Fund currently has any money reserved for the final three months of the campaign.

James is getting some air support soon, though. Roll Call reports that One Nation, a nonprofit affiliated with SLF, will launch a $4.5 million TV and radio ad campaign against Peters on Wednesday.

● NC-Sen: While most Republican downballot candidates have largely avoided tying their Democratic opponents to Joe Biden, Sen. Thom Tillis tries linking Democrat Cal Cunningham to Biden in a new spot.

● Polls: The progressive group MoveOn has unveiled a trio of new Senate polls from Public Policy Polling:

  • GA-Sen-A: Jon Ossoff (D): 44, David Perdue (R-inc): 44 (June: 45-44 Ossoff)
  • IA-Sen: Theresa Greenfield (D): 48, Joni Ernst (R-inc): 45 (June: 45-43 Greenfield)
  • ME-Sen: Sara Gideon (D): 49, Susan Collins (R-inc): 44 (July: 47-42 Gideon)

The releases did not include presidential numbers.

House

● OH-01: Democrat Kate Schroder is running a TV commercial about the truly strange scandal that engulfed Republican Rep. Steve Chabot's campaign last year. The narrator accuses the incumbent of lying about Schroder to draw attention away from his own problems, declaring, "Chabot is facing a grand jury investigation for $123,000 in missing campaign money."

The ad continues, "After getting caught, Chabot blamed others. And his campaign manager went missing." The narrator concludes, "We may never learn the truth about Shady Chabot's missing money, but we do know that 24 years is enough. (Chabot was elected to represent the Cincinnati area in Congress in 1994, lost a previous version of this seat in 2008, and won it back two years later.)

As we've written before, Chabot's campaign was thrown into turmoil last summer when the FEC sent a letter asking why the congressman's first-quarter fundraising report was belatedly amended to show $124,000 in receipts that hadn't previously been accounted for. From there, a bizarre series of events unfolded.

First, Chabot's longtime consultant, Jamie Schwartz, allegedly disappeared after he shuttered his firm, called the Fountain Square Group. Then Schwartz's father, Jim Schwartz, told reporters that despite appearing as Chabot's treasurer on his FEC filings for many years, he had in fact never served in that capacity. Chabot's team was certainly bewildered, because it issued a statement saying, "As far as the campaign was aware, James Schwartz, Sr. has been the treasurer since 2011." Evidently there's a whole lot the campaign wasn't aware of.

The elder Schwartz also claimed of his son, "I couldn't tell you where he's at" because "he's doing a lot of running around right now." Well, apparently, he'd run right into the arms of the feds. In December, local news station Fox19 reported that Jamie Schwartz had turned himself in to the U.S. Attorney's office, which, Fox19 said, has been investigating the matter "for a while."

Adding to the weirdness, it turned out that Chabot had paid Schwartz's now-defunct consultancy $57,000 in July and August of 2019 for "unknown" purposes. Yes, that's literally the word Chabot's third-quarter FEC report used to describe payments to the Fountain Square Group no fewer than five times. (Remember how we were saying the campaign seems to miss quite a bit?)

We still don't know what those payments were for, or what the deal was with the original $124,000 in mystery money that triggered this whole saga. Chabot himself has refused to offer any details, insisting only that he's been the victim of an unspecified "financial crime."

There haven't been any public developments since December, though. The Cincinnati Inquirer's Jason Williams contacted Schwartz's attorney last week to ask if Schwartz had been informed of any updates, and the reporter was only told, "No, not yet." Unless something big changes in the next few months, though, expect Democrats to keep pounding Chabot over this story.

● OK-05: State Sen. Stephanie Bice is going up with a negative commercial against businesswoman Terry Neese just ahead of next week's Republican primary runoff. The winner will face Democratic Rep. Kendra Horn in what will be a competitive contest for this Oklahoma City seat.

Bice accuses Neese of running "the same fake news smears she always sinks to." Bice continues by alluding to Neese's unsuccessful 1990 and 1994 campaigns for lieutenant governor by declaring that in her 30 years of running for office Neese has been "mastering the art of dirty politics but never beating a single Democrat." (Neese badly lost the general election in 1990 but fell short in the primary runoff four years later, so she's only had one opportunity up until now to beat a Democrat.) Bice then sums up Neese by saying, "Appointed by Clinton. Terrible on gun rights. Neese won't take on the Squad, because she can't beat Kendra Horn."

Neese outpaced Bice 36-25 in the first round of voting back in late June, and Neese' allies have a big financial advantage going into the runoff. While Bice did outspend Neese $290,000 to $210,000 from July 1 to Aug. 5 (the time the FEC designates as the pre-runoff period), the Club for Growth has deployed $535,000 on anti-Bice ads this month. So far, no major outside groups have spent to aid Bice.

● SC-01: The NRCC has started airing its first independent expenditure ad of the November general election, a spot that seeks to attack freshman Democratic Rep. Joe Cunningham on the issue that powered his upset victory in 2018: offshore drilling. The ad tries to question Cunningham's commitment to opposing such drilling in a move straight from Karl Rove’s dusty playbook, but given how closely his image is tied to the cause—he defeated his Republican opponent two years ago, Katie Arrington, in large part because of her support for offshore oil extraction—it's a tough sell.

And while Nancy Mace, his Republican challenger this year, might welcome the committee's involvement, the move doesn't come from a position of strength. In fact, the NRCC's own ad seems to acknowledge this at the outset, with a narrator saying, "Your TV is full of Joe Cunningham" as three images from prior Cunningham spots pop up on the screen. It's not wrong: The congressman has been advertising on television since the first week in July, and he recently released his fifth ad.

Cunningham's been able to blanket the airwaves because of the huge financial advantage he's locked in. Mace raised a prodigious $733,000 in the second quarter of the year, but Cunningham managed to beat even that take with an $845,000 haul of his own. It's the campaigns' respective bank accounts that differ dramatically, though: Cunningham had $3.1 million in cash-on-hand as of June 30 while Mace, after a costly primary, had just $743,000.

As a result, she hasn't gone on the air yet herself, which explains why the NRCC has moved in early to fill in the gap. Interestingly, the committee didn't bother to mention that this is its first independent expenditure foray of the 2020 elections in its own press release, whereas the DCCC loudly trumpeted the opening of its own independent expenditure campaign in New York's 24th Congressional District a month ago.

● TX-21: Both Democrat Wendy Davis and the far-right Club for Growth are running their first commercials here.

Davis talks about her life story, telling the audience, "[M]y parents divorced when I was 13. I got a job at 14 to help mom. And at 19, I became a mom." Davis continues by describing her experience living in a trailer park and working two jobs before community college led her to Texas Christian University and Harvard Law. She then says, "As a state senator, I put Texas over party because everyone deserves a fair shot."

The Club, which backs Republican Rep. Chip Roy, meanwhile tells the Texas Tribune's Patrick Svitek that it is spending $482,000 on its first ad against Davis. The group has $2.5 million reserved here to aid Roy, who ended June badly trailing the Democrat in cash-on-hand, and it says it will throw down more.

The Club's spot declares that Davis is a career politician who got "busted for using campaign funds for personal expenses," including an apartment in Austin. However, while the narrator makes it sound like Davis was caught breaking the rules, Svitek writes, "Members are allowed to use donors' dollars to pay for such accommodations—and it is not uncommon."

This topic also came up during Davis' 2014 campaign for governor. The campaign said at the time that legislative staffers also stayed at the apartment, and that Davis followed all the state's disclosure laws.

● Polls:

  • AZ-06: GQR (D) for Hiral Tipirneni: Hiral Tipirneni (D): 48, David Schweikert (R-inc): 45 (50-48 Biden)
  • MT-AL: WPA Intelligence (R) for Club for Growth (pro-Rosendale): Matt Rosendale (R): 51, Kathleen Williams (D): 45
  • NJ-02: RMG Research for U.S. Term Limits: Jeff Van Drew (R-inc): 42, Amy Kennedy (D): 39
  • NY-01: Global Strategy Group (D) for Nancy Goroff: Lee Zeldin (R-inc): 47, Nancy Goroff (D): 42 (46-42 Trump)
  • WA-03: RMG Research for U.S. Term Limits: Jaime Herrera Beutler (R-inc): 44, Carolyn Long (D): 40

The only other numbers we've seen from Arizona's 6th District was an early August poll from the DCCC that had Republican Rep. David Schweikert up 46-44 but found Joe Biden ahead 48-44 in this Scottsdale and North Phoenix constituency; Donald Trump carried this seat 52-42 four years ago, but like many other well-educated suburban districts, it's been moving to the left in recent years.

The Club for Growth's new Montana survey comes a few weeks after two Democratic pollsters found a closer race: In mid-July, Public Policy Polling's survey for election enthusiasts on Twitter showed a 44-44 tie, while a Civiqs poll for Daily Kos had Republican Matt Rosendale ahead 49-47 a few days later. PPP and Civiqs found Donald Trump ahead 51-42 and 49-45, respectively, while the Club once again did not include presidential numbers.

U.S. Term Limits has been releasing House polls at a rapid pace over the last few weeks, and once again, they argue that Democrats would easily win if they would just highlight the Republican incumbents' opposition to term limits; as far as we know, no Democratic candidates have tested this theory out yet. These surveys also did not include presidential numbers.

The only other poll we've seen out of New York's 1st District on eastern Long Island was a July PPP internal for Democrat Nancy Goroff's allies at 314 Action Fund. That survey gave Republican Rep. Lee Zeldin a 47-40 lead, which is slightly larger than what her poll finds now, though it showed the presidential race tied 47-47. This seat has long been swing territory, though it backed Trump by a 55-42 margin in 2016.

Mayoral

● Honolulu, HI Mayor: Former Rep. Colleen Hanabusa, who finished a close third in the Aug. 8 nonpartisan primary, announced Monday that she was endorsing independent Rick Blangiardi over fellow Democrat Keith Amemiya. Blangiardi took 26% in the first round of voting, while Amemiya beat Hanabusa 20-18 for second.

ELECTION CHANGES

● Minnesota: Republicans have dropped their challenge to an agreement between Democratic Secretary of State Steve Simon and voting rights advocates under which Minnesota will waive its requirement that mail voters have their ballots witnessed and will also require that officials count any ballots postmarked by Election Day and received within a week.

In dismissing their own claims, Republicans said they would "waive the right to challenge [the agreement] in any other judicial forum." That likely moots a separate federal case in which Republicans were challenging a similar agreement that a judge had refused to sign off on.

● North Dakota: An organization representing county election officials in North Dakota says that local administrators are moving forward with plans to conduct the November general election in-person, rather than once again moving to an all-mail format, as they did for the state's June primary.

● South Carolina: Republican Harvey Peeler, the president of South Carolina's state Senate, has called his chamber in for a special session so that lawmakers can consider measures to expand mail voting. Legislators passed a bill waiving the state's excuse requirement to vote absentee ahead of South Carolina's June primary, and Peeler says, "I am hopeful we can do it again."

However, Republican House Speaker Jay Lucas is refusing to convene a special session for his members, who are not due to return to the capitol until Sept. 15. That would give the state significantly less time to prepare for a likely influx of absentee ballot requests should the legislature once again relax the excuse requirement.

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Conservative courts order Wisconsin election to proceed—risks to health and democracy be damned

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

• Wisconsin: A day of maximal chaos in Wisconsin ended with two conservative courts insisting Tuesday's election go forward and limiting absentee voting, moves that threaten to prevent countless voters from participating and render the results illegitimate.

On Monday afternoon, Democratic Gov. Tony Evers issued an executive order postponing the election—which includes a presidential primary and races for state and local office—to June 9. Republicans, however, have bitterly opposed such a delay and immediately challenged the order before the state Supreme Court. Hours later, the court's four conservatives who heard the case blocked Evers' order, with both liberal justices dissenting. As a result, the state was left with no choice but to proceed with in-person voting Tuesday, despite the serious risks to public health and a crippled elections infrastructure.

Not long thereafter, the U.S. Supreme Court overturned an order made last Thursday by a lower court, which said that voters could cast absentee ballots so long as election officials received them by April 13, regardless of when they were postmarked. In a 5-4 ruling—which, like the Wisconsin high court's decision, fell along strictly ideological lines—the court's conservatives ruled that all ballots must be postmarked by April 7.

This means that those who have the misfortune to receive their ballots late—a distinct possibility for many, given the huge surge in requests—now face an impossible choice, as Justice Ruth Bader Ginsburg noted in a dissent: They must either risk their health by voting in person on Tuesday, or disenfranchise themselves by not voting at all. The same holds true for anyone who was unable to request a ballot, as well as the many groups of voters who cannot vote by mail, such as those who are without housing.

Campaign Action

And for those who do choose to head to the polls, they face an elections infrastructure in shambles. Due to a shortage of poll workers, Milwaukee, the largest city in Wisconsin, was set to open just five polling sites, down from its usual 180. The same problem has plagued jurisdictions across the state. Many voters will therefore be deprived of their right to vote, and efforts to halt the spread of the coronavirus will be undermined.

But a deep cynicism motivates the right-wing hostility to letting voters participate in the election safely: With progressives mounting a competitive campaign to unseat an arch-conservative appointee of former Gov. Scott Walker on the state Supreme Court, Republicans appear to be counting on the pandemic to disproportionately suppress votes on the left.

In part that's because social distancing is more difficult in denser urban areas, which make up the bulk of the Democratic vote; voters in more sparsely populated rural areas are likely to be less deterred from voting in person, since they're apt to encounter fewer people at the polls or on their way there. In addition, polling shows Republicans are simply less concerned about the coronavirus in general, meaning they're more willing to ignore the danger to public health (and their own) that in-person voting poses.

And now, after decades of concerted effort, Republicans have succeeded in installing partisan ideologues on the bench—both federally and at the state level—who are only too happy to cloak the GOP's malevolent political goals in the language of legalese and bless them with the authority of the bench. In a searing irony, a message atop the Wisconsin Supreme Court's website explains that the courts are closed due to COVID-19—just above a link to the court's order saying Tuesday's election must take place despite COVID-19.

In his ruling last week delaying the deadline for absentee ballots to be received, Judge William Conley included a pregnant footnote. "The court will reserve," he wrote, "on the question as to whether the actual voter turnout, ability to vote on election day or overall conduct of the election and counting votes timely has undermined citizens' right to vote."

In other words, Conley suggested that he might entertain further challenges after the election if the all-important right to vote has been abridged in some way based on how the election is carried out. As things stand, it's impossible to see how those rights won't be sabotaged, but with the partisans in robes sitting above Conley, it's just as hard to see them permitting any remedy he might fashion to stand.

Election Changes

Please bookmark our statewide 2020 primary calendar and our calendar of key downballot races, both of which we're updating continually as changes are finalized.

● Iowa: Republican Secretary of State Paul Pate says that he's considering the option of conducting November's general election entirely by mail. Previously, Pate said he'd mail absentee ballot applications to every active registered voter ahead of Iowa's June 2 downballot primaries. Pate says he considered making the primary all-mail but opted not to after talking to officials in Washington and Oregon, who described the long timeframes that had been needed to convert their states to mail voting.

● Montana: Republican Secretary of State Corey Stapleton says that all 56 Montana counties plan to conduct the state's June 2 presidential and downballot primaries by mail, an option that Democratic Gov. Steve Bullock recently made available.

● New Jersey: Democratic Gov. Phil Murphy says he'll be "stunned" if the state doesn't postpone its June 2 presidential and downballot primaries, promising a decision "pretty soon."

● Virginia: Republicans in Virginia's 7th Congressional District have indefinitely postponed their April 25 convention and have voted to sue the Board of Elections to seek an exemption from Democratic Gov. Ralph Northam's ban on gatherings of more than 10 people. Officials are also considering alternate methods of conducting their convention, such as online or by mail. The committee must pick a nominee by June 9. Republicans in the 5th District, who face the same situation, are meeting on Sunday to discuss their plans.

1Q Fundraising

● TN-Sen: Bill Hagerty (R): $1.2 million raised, $5.6 million cash-on-hand (note: Hagerty's campaign would not tell the Associated Press how much of his haul came from self-funding)

● IA-03: David Young (R): $400,000 raised

● MA-04: Jake Auchincloss (D): $474,000 raised, $947,000 cash-on-hand; Alan Khazei (D): $278,000, $783,000 cash-on-hand raised

● NH-01: Matt Mowers (R): $354,000 raised, $315,000 cash-on-hand

● TX-07: Wesley Hunt (R): $920,000 raised

● TX-24: Kim Olson (D): $370,000 raised; Candace Valenzuela (D): $305,000 raised

Senate

● KY-Sen: Senate Majority Leader Mitch McConnell recently went up with a commercial that praised him for the coronavirus economic bill, and Marine veteran Amy McGrath is now out with a response ad. The narrator declares that McConnell is "already taking a victory lap against the coronavirus in TV ads, even though medical experts say hundreds of thousands of Americans could die." The Democrat's ad also takes McConnell to task for blocking "emergency research until drug companies could overcharge for vaccines."

● MI-Sen: The conservative think tank American Principles Project is out with a poll from the GOP firm Spry Strategies that gives Democratic Sen. Gary Peters a 42-40 edge over Republican John James.

● South Dakota: Candidate filing closed last week for South Dakota's June 2 primary, and the state has a list of contenders available here. A primary runoff will take place on Aug. 11 in races where no candidate took more than 35% of the vote.

However, both the primary and the general election should be quiet this year in this very red state. GOP Sen. Mike Rounds faces an intra-party challenge from state Rep. Scyller Borglum, who raised very little cash in 2019. Rep. Dusty Johnson also drew a challenge from former state Rep. Liz Marty May, who narrowly lost re-election last cycle.

Gubernatorial

● MT-Gov: On Monday, the Montana Federation of Public Employees endorsed Lt. Gov. Mike Cooney in the June Democratic primary. Cooney's campaign says that this is the state's largest union.

● WV-Gov: Democratic state Sen. Ron Stollings is out with a spot ahead of the June primary focused on the coronavirus. Stollings, who works as a physician, appears in his lab coat and tells the audience, "Regarding the coronavirus, I'm so glad we were able to get $2 million in the budget to help fight that. That was my amendment."

Stollings spends the rest of the ad telling the audience to use "good common sense" during the pandemic. He says to "assume everyone has the coronavirus. They don't, but that way, you will socially distance yourself and you'll use hand washing techniques." He also urges the viewer, "Do not go around your loved ones, your older loved ones, if you're sick."

House

● CA-25: The DCCC has launched a $1 million ad campaign against Republican Mike Garcia that the Los Angeles Times reports will run until the May 12 special election. Politico reports that $930,000 of this is going to cable TV and another $42,000 will be for Spanish-language commercials, while the balance will be for digital advertising.

The DCCC's opening spot alludes to the coronavirus without mentioning it directly: The narrator says, "More than ever we need a leader who will put our health and safety first." The commercial goes on to say, "But Mike Garcia would let insurance companies deny coverage for pre-existing conditions … and hike up costs for life-saving drugs." The commercial then praises Democrat Christy Smith for refusing to "take a dime from pharmaceutical companies."

The ad comes shortly after the NRCC also began spending here. Politico reports that the committee is deploying $330,000 for broadcast TV in addition to the $690,000 cable buy we noted last week.

● FL-19: Physician William Figlesthaler uses his first ad ahead of the August GOP primary to tell the audience that "career politicians from both parties have failed" to handle the coronavirus. The candidate uses an image of Bernie Sanders to represent Democrats who "want socialized medicine," while the late John McCain stands in for the establishment Republicans Figlesthaler says "failed to implement President Trump's aggressive free market health care solutions."

● KY-04: GOP Rep. Thomas Massie is up with an ad portraying him as a loyal Donald Trump ally while ignoring that Trump called him "a disaster for America, and for the Great State of Kentucky" less than two weeks ago. Massie also doesn't mention Todd McMurtry, who is his opponent in the June primary.

● MI-13: Target-Insyght is out with a survey of the August Democratic primary conducted from March 31 to April 2 that gives Rep. Rashida Tlaib a 43-34 advantage in her rematch against Detroit City Council President Brenda Jones. Back in July, well before Jones kicked off her campaign, the same firm found Tlaib with a far larger 56-19 lead. Jones, who entered the race on March 25, announced on Thursday that she had tested positive for COVID-19 but added she was "not experiencing any of the horrific symptoms associated with the coronavirus."

● NM-02: A recently formed super PAC called Citizens United for NM is spending at least $47,000 on a commercial attacking 2018 nominee Yvette Herrell ahead of the June GOP primary to take on Democratic Rep. Xochitl Torres Small. This group was created by Butch Mathews, who owns a trucking company that works in the state's oil and gas industry, and it donated to Herrell's main intra-party foe, oil businesswoman Claire Chase.

The commercial says that in 2016, Herrell sent out emails "to undermine Trump's campaign for president" and also "used taxpayer funds to attend an anti-Trump soiree at a San Diego hotel where they hung a Trump piñata from the ceiling." The commercial comes several months after Chase ran into problems when her old 2016 social media posts attacking Trump surfaced.

● Virginia: Candidate filing closed last month for Virginia's June 9 primary, and the state now has a list of contenders.

Virginia allows parties to nominate candidates through party conventions or through a party-run firehouse primary, so not every November matchup will be decided in June. Both parties are holding primaries for Senate, but the situation varies in House seats: The GOP is hosting primaries in only five of the 11 congressional districts, while Democrats are doing primaries everywhere except for the safely red 9th Congressional District.

● VA-02: Democrat Elaine Luria unseated Republican incumbent Scott Taylor 51-49 last cycle, and Republicans are hoping to take back this 49-45 Trump seat in the Virginia Beach area.

Taylor initially decided to launch a longshot challenge to Sen. Mark Warner, but he announced in January that he would instead seek a rematch against Luria. Navy veteran and 2010 candidate Ben Loyola was already running, though, and he decided to remain in the contest. Loyola has the support of former Rep. Scott Rigell, who defeated him 40-27 in the primary for an open seat in 2010 and retired in 2016. Navy veteran Jarome Bell is also running, but he didn’t report raising any money during the final months of 2019.

Taylor is the frontrunner to win the GOP nod, but Team Red may still benefit from a different nominee. Taylor’s staff was exposed during the 2018 campaign for forging signatures on behalf of Democrat-turned-independent Shaun Brown (who was booted off the ballot by a judge), and Democrats ran ads slamming Taylor's campaign for its skullduggery.

The story has not gone away since Taylor's defeat. Last month, a former Taylor staffer pleaded guilty for her part in the scheme, and the local prosecutor said the "investigation is still ongoing" and that we're "likely to see more" indictments to come. Taylor himself has consistently denied any knowledge of the scheme, but his staff had previously claimed the congressman was indeed aware of their plans.

● VA-05: While the GOP opted to select its nominee through a convention, Democrats decided to hold a primary here instead. This seat, which includes Charlottesville and the south-central part of the state, moved from 53-46 Romney to 53-42 Trump, but Democrats are hoping that the ugly GOP nomination battle between freshman Rep. Denver Riggleman and Campbell County Supervisor Bob Good will give them an opening.

Four Democrats filed to compete in the primary. EMILY’s List is backing Claire Russo, while VoteVets is supporting fellow Marine veteran Roger Dean Huffstetler, who unsuccessfully ran here in 2018. Physician Cameron Webb and Rappahannock County Supervisor John Lesinski are also running.

● House: House Majority PAC, which is the second-largest spender on House races among outside groups on the Democratic side, has announced that it's reserved a total of $51 million in fall TV time in 29 different media markets. We've assembled this new data into a spreadsheet, but as you'll see, it's organized by market rather than district, so we've also included our best guesses as to which House seats HMP is specifically targeting or defending.

The reason these buys are organized this way is because advertising can only be booked market by market. The geographic regions served by particular TV stations rarely correspond with political boundaries, and the reverse is true as well.

About half of the nation's 435 congressional districts are contained within a single media market, while the other half cross two or more (sprawling Montana's lone House district reaches into nine different markets, the most in the country). Conversely, all but a couple dozen of the 900-plus media markets in the U.S. overlap with two or more congressional districts; jumbo-sized New York City, for instance, covers all or part of 34 different House seats in four different states. Inevitably, this mismatch means that many TV watchers will wind up seeing ads for districts they don't live in.

Most importantly, these reservations give us an early window into which races HMP expects to be competitive, but they don't tell us everything. As Politico notes, most of these media markets will likely attract hordes of ad money from presidential and Senate campaigns, so HMP is reserving now to lock in cheaper rates before high demand for TV time brings prices up. HMP can afford to wait, though, to book ads in competitive House seats located in markets like Los Angeles and Salt Lake City since there won't be nearly as much competition for airtime there.

As we alluded to just above, HMP included several markets in this first wave of reservations that contain at least a portion of several different competitive House seats, most notably Philadelphia. If you're interested in knowing exactly which media markets cover which congressional districts across the country, naturally we've got all that data for you. It's what we used, in fact, to hone our guesses as to which seats HMP cares about.

However, it's still too early to know how much money the PAC will direct towards each race. Often, major outside groups will change their planning based on how individual contests seem to be shaping up.

In 2018, for instance, the NRCC reserved a large chunk of TV time in the pricey Miami media market but, initially, it only used those bookings to air ads defending Rep. Carlos Curbelo in Florida's 26th District. Late in the cycle, though, the NRCC put some of that reserved airtime to work in an effort to save the open 27th District, which it had previously appeared to give up on.

Around that same time, the committee made the opposite move in the Las Vegas market. The NRCC reserved millions there well before Election Day, and it initially seemed that it would spend to try to flip both Nevada's 3rd and 4th Districts. In October, though, the NRCC decided to direct all its money towards helping former Rep. Cresent Hardy in the 4th District, and it didn't end up spending in the 3rd District at all.

None of these deck chair rearrangements wound up mattering, though: Republicans ultimately lost all four of these races in what was a terrible year for the GOP. But they're a good reminder that TV reservations often do not reveal the entire House battlefield.

Other Races

● WA-LG: Retiring Rep. Denny Heck recently filed paperwork with the state to run for lieutenant governor, though the Democrat has not said he’s in yet. The filing deadline for Washington’s August top-two primary is May 15.

Heck surprised political observers in December when he announced that he would not seek a fifth term in his reliably blue seat. In an unusually candid letter, Heck described both the many things he'd loved about serving in Congress but also admitted he'd grown "discouraged," explaining that "countless hours I have spent in the investigation of Russian election interference and the impeachment inquiry have rendered my soul weary." Last month, Democratic Lt. Gov. Cyrus Habib made an unexpected decision of his own when he revealed that he wouldn’t be seeking re-election and would instead leave politics to become a Jesuit.

If Heck goes forward with a campaign to succeed Habib, he’ll be the second retiring House member this cycle to run for a lieutenant governor’s post. Utah Rep. Rob Bishop confirmed back in July that he’d leave the House, and the Republican later announced in January that he’d serve as former state party chair Thomas Wright’s running mate.

However, both Heck and Bishop would be running for office under very different rules. In Utah, Wright and Bishop will either win or lose the June primary together as a ticket; if they clear the primary, they’d also both be elected or defeated together in the general election. In Washington, though, candidates for governor and lieutenant governor compete separately in both the top-two primary and the general election.

Morning Digest: Coronavirus leaves Virginia GOP unsure how to hold House nominating conventions

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.

Public Service Announcement: If you haven't yet filled out the 2020 census, please do so by clicking here to do it online, by mail, or by phone. This way, census workers won't have to come to your door. The Census Bureau advises completing the census now even if you haven't received your 12-digit census ID by mail.

Leading Off

● VA-05, VA-07: Republicans in Virginia’s 5th and 7th Congressional Districts had planned to pick their nominees at April 25 party conventions, rather than in June's primary, but Republicans leaders are still deciding how to proceed in light of the coronavirus.

All of this uncertainty is causing plenty of angst in the 5th District, where freshman Rep. Denver Riggleman faces a challenge from the right from Campbell County Supervisor Bob Good. Riggleman even speculated to Roll Call that, if the process gets out of hand, Team Red won’t even have a nominee in this 53-42 Trump seat. National Republicans will also be keeping a close eye on the 7th District, where plenty of candidates are competing for the right to take on freshman Democratic Rep. Abigail Spanberger.

Campaign Action

For now, the only things that anyone knows are that the April 25 conventions won’t be happening as planned, but that Republican voters in these two seats still won’t be selecting their candidates through a primary. The 5th District GOP recently posted a memo saying that it's not permissible at this point to switch from nominating candidates at a convention to the state-run primary, which is on June 9.

Ben Slone, who runs the 7th District GOP, told Roll Call’s Stephanie Akin that his group would discuss what to do on Thursday. All he would say about alternatives to the convention, though, was, “We have a set of contingency plans that will be invoked depending on guidance and government health dictates.”

Melvin Adams, who runs the 5th District GOP committee, also told Akin that they would be talking next week about moving the convention date, and he was more forthcoming with his plans. Adams said that he’d hoped to move the event to June 6, which is the weekend before the statewide primary.

However, Riggleman and his supporters say that Adams has been promoting another option if it’s still not safe to hold a convention by then, and it’s not one they like at all. Riggleman said the 5th District Republican Committee, which has fewer than 40 members, could end up picking the party’s nominee, and Adams didn’t deny that this was a possibility. Indeed, this is how Riggleman got chosen as Team Red’s candidate two years ago after Rep. Tom Garrett ended his campaign after winning renomination. That was a very different set of circumstances, though, and an unnamed Riggleman ally on the committee said that, if this ends up happening this year, “I think it would be unfair. It’s a very undemocratic process.”

There’s another huge potential drawback to using this method. Riggleman said that party rules require a candidate to earn the support of at least two-thirds of the district committee, which raises the possibility that no one could end up with the GOP nod. And even if someone claims a supermajority, the congressman argued, it’s possible that the state Republican Party won’t recognize this person as the rightful nominee. Indeed, an unnamed former state party official told Roll Call that the committee only picked the candidate last cycle because their nominee had dropped out, and that “[c]hanging to a process where Republican voters don’t have a voice would be against the party plan and potentially against state law.”

Riggleman himself sounds quite unhappy with this whole state of affairs, saying that he wanted a primary instead of “a convoluted convention process that is collapsing under the weight of this crisis.” Riggleman already had reasons to be wary about party leaders, rather than voters, choosing the nominee here. The congressman infuriated plenty of social conservatives at home in July when he officiated a same-sex wedding between two of his former campaign volunteers. This quickly resulted in a homophobic backlash against him, and local Republican Parties in three small 5th District counties each passed anti-Riggleman motions. It also didn’t escape notice that the convention was supposed to be held at Good’s church.

Riggleman’s path to a second term could be even more perilous if the 5th District Committee ends up choosing the nominee, especially since its chairman sounds very frustrated with him. “I know the congressman and some of his staff and other people have been putting out false information, or at least implying this committee is trying to rig things,” Adams said. “This committee is not trying to rig things.”

Democrats, by contrast, opted to hold a traditional primary in June, and so Team Blue doesn’t have anything like the mess that’s haunting the 5th District GOP. Democrats have several notable contenders running here, and while it will still be tough to flip a seat that Trump won by double digits, GOP infighting could give the eventual nominee more of an opening.

Election Changes

● Alaska: Alaska's Republican-run state Senate has unanimously passed a bill that would allow Republican Lt. Gov. Kevin Meyer to order that the state's Aug. 18 downballot primaries be conducted entirely by mail. (The lieutenant governor is Alaska's chief election official.) However, Republicans blocked an attempt by Democrats to require that the state provide dropboxes where voters can return their ballots, an option that is very popular in states that have adopted universal voting by mail, in part because it obviates the need for a postage stamp and avoids the risk of delayed mail return service.

The bill now goes to the state House, which is controlled by a Democratic-led coalition that includes Republicans and independents. The Alaska Daily News says that Republican Gov. Mike Dunleavy is "expected" to sign the measure "speedily" if both chambers pass it.

● Indiana: Indiana's bipartisan Election Commission has unanimously waived the state's requirement that voters who wish to vote absentee in June's presidential and downballot primaries provide an excuse in order to do so.

● Nebraska: Election officials in Nebraska say there are no plans to delay the state's May 12 presidential and downballot primaries, but at least half a dozen counties—including the three largest—will send absentee ballot applications to all voters, while a number of other small counties had previously moved to all-mail elections prior to the coronavirus outbreak. In all, more than half the state will either receive absentee applications or mail-in ballots, including all voters in the state's 2nd Congressional District, a competitive district that features a multi-way Democratic primary.

● Nevada: Republican Secretary of State Barbara Cegavske and local election officials from all 17 Nevada counties have announced plans to conduct the state's June 9 downballot primaries almost entirely by mail. Every active registered voter will be sent a postage-paid absentee ballot that they can return by mail or at an in-person polling site, of which each county will have at least one. Importantly, these voters will not have to request an a ballot. At least one in-person polling place will also be available in each county.

Ballots must be postmarked or turned in by Election Day, though they will still count as long as they are received up to seven days later. Officials will also contact any voter whose ballot has an issue (such as a missing signature), and voters will have until the seventh day after the election to correct any problems. Cegavske's press release wisely cautions that, under this system, final election results will not be known until well after election night, though this is a point that officials across the country will have to emphasize loudly and repeatedly as mail voting becomes more widespread.

One potential issue with Cegavske's plan, though, is that registered voters who are listed as "inactive" on the voter rolls will not be sent ballots. However, as voting expert Michael McDonald notes, these voters are still eligible to vote, and every election, many do. While they can still request absentee ballots on their own, they now face an obstacle that active voters will not. Approximately 14% of Nevada's 1.8 million registered voters are on inactive status.

● Ohio: Lawmakers in Ohio's Republican-run legislature unanimously passed a bill extending the time to vote by mail in the state's presidential and downballot primaries until April 28, and Republican Gov. Mike DeWine has said he will sign it "soon." There would be limited in-person voting only for people with disabilities or special needs, and voters would also be able to drop off absentee ballots in person on that day, but ballots would have to be mailed by April 27 and be received by May 8 in order to count. However, voting rights groups have expressed serious reservations about the plan and say they may sue.

Under the bill, the state would send postcards to voters explaining how to request an absentee ballot application. Voters would then have to print out applications on their own, or request one be mailed to them, and then mail them in—they cannot be submitted online. They would then have to mail in their absentee ballots (though these at least would come with a postage-paid envelope).

Voting rights advocate Mike Brickner notes that there is very little time left to carry out this multi-step process, particularly because each piece of mail would be in transit for several days. In addition, printing all of these materials, including the postcards that are designed to kick off this effort, will take considerable time, especially since government offices, the postal service, and print shops "may not be operating optimally," as Brickner observes.

● Pennsylvania: Pennsylvania's Republican-run legislature has unanimously passed a bill to move the state's presidential and downballot primaries from April 28 to June 2. Democratic Gov. Tom Wolf has said he will sign the measure.

● Wisconsin: The city of Green Bay has filed a lawsuit asking that a federal judge order Wisconsin officials to delay the state's April 7 elections until June 2 and to extend its voter registration deadline to May 1. (The deadline for registering by mail has already passed, but voters can still register online through March 30 thanks to an earlier order by a different judge.) Green Bay has also asked that it be allowed to cancel in-person voting and mail ballots to all registered voters.

Senate

● MI-Sen: The GOP firm Marketing Resource Group is out with a new survey giving Democratic Sen. Gary Peters a 42-35 lead over Republican John James, which is an improvement from the incumbent's 43-40 edge in October. The only other poll we've seen this month was an early March survey from the GOP firms 0ptimus and Firehouse Strategies that gave James a 41-40 advantage.

● ME-Sen: The Democratic group Majority Forward has announced that it's launched a new six-figure ad campaign supporting state House Speaker Sara Gideon. The spot praises Gideon's work securing millions for coronavirus testing, as well as workers and small businesses.

● SC-Sen: Democrat Jaime Harrison is out with a poll from Brilliant Corners that shows GOP Sen. Lindsey Graham leading him by a small 47-43 margin. The only other survey we've seen in the last few weeks was a late February Marist poll that showed Graham up 54-37.

Gubernatorial

● WV-Gov: The GOP firm Medium Buying reports that GOP Gov. Jim Justice launched his first ad of 2020 last week, and we now have a copy of his commercial. The ad begins with a clip of Donald Trump at a rally saying, "My good friend, and your governor, Jim Justice," before the narrator jumps in and praises the incumbent as a conservative Trump ally.

Former state Commerce Secretary Woody Thrasher, by contrast, has been running commercials since June of last year, and he's out with another one ahead of the May GOP primary. Thrasher tells the audience that the coronavirus is creating hardships for West Virginia, and that the state "needs to be proactive in terms of its reaction to this crisis, not reactive the way we have been so many other times." Thrasher then lays out his plan for helping the state economically during the pandemic.

Thrasher doesn't mention, much less directly criticize, Justice's handling of the situation, but he still argues that the state isn't doing enough. "Our president is being very proactive in terms of dealing with those issues," Thrasher says, "We need to follow suit and be proactive as well." He concludes, "It's time for the state of West Virginia to get something done."

House

● IN-05: In an unusual move, retiring Rep. Susan Brooks' office publicly told businesswoman Beth Henderson to stop saying that Brooks had recruited her or even given her any special encouragement to run at all. "Susan talked with all Republican candidates who called her and expressed an interest in running in the 5th District to share her insights about representing this district," a Brooks aide said. "Some candidates did not call her." Brooks has not taken sides in the crowded June GOP primary to succeed her.

However, Henderson made it sound like the congresswoman was pulling for her back in February when she declared, "Susan Brooks encouraged me to run." The candidate put out a statement this week insisting that she and Brooks "have had a couple conversations regarding the Fifth district. She has been encouraging throughout my campaign, as I imagine she has been with other candidates as well."

The Indianapolis Star also obtained a voicemail from an unidentified person raising money for the Henderson campaign who said, "Susan actually recruited Beth to run for her, and we are working hard to raise funds to ensure that that happened." Henderson's team acknowledged that this person was affiliated with the campaign but insisted that none of that was included in the script that caller was given.

● MI-13: Detroit City Council President Brenda Jones announced Wednesday that she would seek a primary rematch against Democratic Rep. Rashida Tlaib, who is one of the most high-profile members of the House freshman class. Jones, who briefly held this seat for a few weeks in the lame-duck session of the last Congress (more on that later), kicked off her campaign with a video declaring that she was “running for re-election” to this safely blue seat.

While Jones didn’t mention Tlaib in that message, she argued in a new interview with the Detroit News that her opponent has “spent a lot of her energy in places other than the 13th District.” Jones said that, unlike the congresswoman, “I will be totally focused on the 13th District, being the third-poorest district in the United States.”

Jones and Tlaib have a lot of history. Thanks to some very unusual circumstances, they even faced off three separate times in 2018. That August, Michigan held two different Democratic primaries on the same day for this seat: one for a special election for the final months of former Rep. John Conyers' term, and one for the regular two-year term. Jones had the support of Detroit Mayor Mike Duggan and some unions, but she had trouble raising money. Tlaib, by contrast, didn’t have as many prominent local endorsements, but she decisively outraised each of her many opponents.

Tlaib narrowly beat Jones 31-30 in the six-way primary for the full term. However, there were only four candidates on the ballot in the special election primary, and in that race, it was Jones who edged Tlaib 38-36.

The two candidates who were only on the ballot for the regular term, state Sen. Coleman Young II and former state Rep. Shanelle Jackson, took a combined 18% of the vote, so their absence in the special primary likely had an impact. Jones, Young, and Jackson, along with more than half the district's residents, are black, while Tlaib is of Palestinian descent (only 4% of residents identify as Arab American). It's therefore probable that the presence of two additional African American candidates in the regular primary but not in the special primary made the difference between the two close outcomes.

Jones, however, didn't relish the idea of serving just a few weeks in the House and wound up launching a last-minute write-in campaign against Tlaib for the general election. It was a misguided move, though, as she took just 0.32% of the vote. Jones and then-Speaker Paul Ryan ended up working out an apparently unprecedented agreement that allowed Jones to serve a few weeks in the House without resigning as head of the Detroit City Council, letting her take a hiatus from that post until Tlaib was sworn in in January of 2019.

Tlaib immediately earned national attention on her first day in office when she said of Donald Trump, "[W]e're going to impeach the motherfucker," and she’s been in the headlines plenty since then. Most notably, Trump targeted Tlaib and the three other women of color who make up “The Squad” with a racist tweet in July. Thanks to her celebrity, Tlaib has done well in raising money from progressives across the country, ending last year with a hefty $1.2 million on-hand.

Tlaib, who has been a prominent Bernie Sanders surrogate, has her share of intra-party critics and recently inflamed some of them when she booed Hillary Clinton at a Sanders campaign event in January in Iowa. Jones, however, has her own issues, particularly as a longtime supporter of Louis Farrakhan, the anti-Semitic head of the Nation of Islam, even sharing the stage with him at a 2017 event in Detroit.

If Jones has any reservations about Farrakhan—whose lowlight reel includes gems like, “The Jewish media has normalized sexual degeneracy, profanity, and all kinds of sin,” and, “In Washington right next to the Holocaust Museum is the Federal Reserve where they print the money. Is that an accident?"—she hasn't put them on display. Rather, just last month, her chief of staff said that Jones was sponsoring a resolution commending Farrakhan’s newspaper, which ran a piece Farrakhan wrote in 2016 saying that the Sept. 11 attacks were “a false flag operation,” for its “truthful articles.” For his part, Farrakhan himself singled Jones out for praise in a speech in Detroit two years ago.

● TN-01: State Rep. Timothy Hill announced on Tuesday that he was joining the August GOP primary for this safely red open seat. Hill has served in the state legislature for four terms, and he's risen to become chair of the Commerce Committee.

Morning Digest: Alabama Republicans air each other’s dirty laundry ahead of nasty Senate primary

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

● AL-Sen: Two Republican firms are out with new polls from Alabama of the March 3 GOP primary to take on Democratic Sen. Doug Jones, and they both show former U.S. Attorney General Jeff Sessions and former Auburn University football coach Tommy Tuberville advancing to a runoff.

WT&S Consulting, which tells us that their poll was not done for any client, gives Sessions the lead with 32% as Tuberville leads Rep. Bradley Byrne 30-22 for the second spot in a likely March 31 runoff. Roy Moore, who lost this seat to Jones in 2017, is a distant fourth with 7%, while state Rep. Arnold Mooney takes 3%. This is the first poll that WT&S, which is run by state party official John Wahl, has released of this contest.

Campaign Action

The anti-tax Club for Growth, which has been running ads against Byrne, is also out with another survey from WPA Intelligence that shows the congressman failing to advance to a second round. WPA gives Tuberville the lead with 32%, which makes this the first time we've seen him in first place since Sessions entered the race for his old seat in November. Sessions outpaces Byrne 29-17 for second, while Moore barely registers with 5% and no one else breaks 1%.

These results show some small improvements for Tuberville at Sessions' expense from the poll the Club released one week ago. That WPA survey found Sessions edging Tuberville 34-29, while Byrne was in third place with the same 17% he takes in the new poll.

The new numbers come as Sessions, Tuberville, and Byrne and their allies have been launching negative ad after negative ad at one another while ignoring the other contenders. Sessions' new spot declares that Tuberville and Byrne "are desperate, telling lies about Jeff Sessions." The narrator then reminds the audience that Sessions was the one senator to back Donald Trump in the 2016 primaries, which is true.

The ad glosses over Sessions' miserable tenure as Trump's attorney general, which ended with Trump unceremoniously firing him, and instead continues to rehash the 2016 election. The narrator argues, "Byrne stood with the liberals, said Trump was 'not fit' to be president and stabbed Trump in the back right before the election."

Byrne did indeed say after the Access Hollywood tape was released a month before Election Day that Trump, who was recorded bragging about sexually assaulting women, was "not fit to be president of the United States and cannot defeat Hillary Clinton." The congressman also called for Trump to "step aside" and allow Mike Pence to lead the GOP ticket.

Byrne, like almost everyone in the Republican Party, fell in line right after Trump won a month later, though, and like all of his primary opponents, he's been emphasizing his unquestioning loyalty to the White House. Byrne recently addressed his 2016 remarks in an interview with the New York Times Magazine's Jason Zengerle by saying that Trump has never mentioned them because, "He just doesn't care. He's more interested in what we're doing now." Sessions cares, though, and he's betting that GOP primary voters do too.

Sessions is also hoping that his party will care about some of Tuberville's non-Trump issues. His ad continues by calling the former Auburn coach "a tourist in Alabama. He lives, votes, and pays taxes in Florida." Tuberville is originally from Arkansas, and he coached at the University of Mississippi until he arrived at Auburn in 1998. Tuberville had a mostly successful tenure, but he resigned in 2008 after a bad season and went on to coach out of state at Texas Tech and Cincinnati. During those years he unsuccessfully tried to sell his home near Auburn multiple times.

Tuberville later moved to Florida as Sessions' ad alleges. The former coach did say that he'd relocated to Alabama in August 2018 as he considered a Senate run, though he remained registered to vote in the Sunshine State that year and cast his ballot in Florida's elections.

Sessions also released a new TV ad on Wednesday that targets just Tuberville. After declaring that the former coach is "shameful" for lying about Sessions, the narrator says, "Tuberville is trying to trick you, hiding his support for immigration amnesty." An audio clip then plays where Tuberville is heard saying, "There are people coming across the border that need jobs … And we want them to come over here." He continues, "And we let 'em come in and become citizens like we all became citizens." The rest of the commercial again casts Tuberville as a Floridian who is in Alabama as a tourist.

Tuberville, meanwhile, is out with his own ad attacking both Sessions and Byrne. The commercial begins by going after Byrne for calling Trump "not fit" to serve before the narrator declares that Sessions "deserted President Trump, sticking us with the Russian witch hunt." The spot then throws in a shot at Sen. Mitt Romney, who is … not running for Senate in Alabama, by saying he "voted for the liberal impeachment sham." Tuberville appears and promises he'll be a Trump ally while "weak-kneed career politicians aren't tough enough to stand with President Trump."

Tuberville's allies at GRIT PAC are also running a commercial that casts both of his intra-party adversaries as "two career politicians who are out of touch with Alabama." The narrator also declares that Sessions’ decision to recuse himself from the Russia investigation while serving as attorney general was a betrayal of Trump, while Byrne "didn't even want Trump in the White House."

Two cows then appear on screen along with a picture of Romney in the shape of manure as the narrator explains, "In a place where Mitt happens, we need to watch our step." Perhaps fearing that that joke was too subtle, the narrator declares, "No bull," which is followed by a censor's beep, "no weak knees. It's Tommy Tuberville time for U.S. Senate."

Byrne, it will not shock you to learn, is also out with an ad that hits both Sessions and Tuberville. The commercial features a trio of actors interviewing the Senate candidates, and they begin by giving this negative rating: "Tommy Tuberville? Says he wants illegals here. Paid him not to work. He can't keep a job." An actor portraying Tuberville then angrily slams down his clipboard and walks out, and the committee stamps his resume with the word "Fired."

A Sessions look-alike then arrives sporting a red cap without anything written on it. The committee is no more impressed with him than they were with Tuberville and says, "He let the president down and got fired. And Hillary still ain't in jail." The committee, which apparently believes that Sessions' refusal to send political adversaries to prison without a trial is a massive character flaw, also delivers the dreaded failure stamp to his file.

The rest of the ad shows Byrne, whom the committee actually allows to talk, talking about his conservative pro-Trump record. The trio is pleased, though his resume goes unstamped. Byrne is also the only one in any of these commercials to mention Jones, saying that he should be the next one to get fired.

Byrne's allies at Fighting for Alabama Fund also are up on the air with a spot that ignores Sessions and just tears into Tuberville. After showing clips of Trump thanking Byrne, the narrator argues that Tuberville "attacked Trump's agenda. Even attacked Trump's immigration plan." The same audio of Tuberville from the Sessions commercial then plays where Tuberville sounds happy to welcome "people coming from across the border that need jobs."    

Senate

● AZ-Sen: Retired astronaut Mark Kelly, who faces no serious Democratic primary opposition, is up with his first TV commercial. The minute-long spot features Kelly working on his motorcycle and talking about his struggles in school and career in the Navy and NASA.

Kelly continues, "My parents didn't have a lot of extra money, but you could comfortably raise a family on a middle-class income, and it doesn't work so well today." He declares, "Now my hope for Arizona is that everybody has the conditions and an environment that allows anybody to accomplish anything they want, if they're just willing to work hard at it." Kelly does not mention appointed GOP Sen. Martha McSally, who recently began airing negative spots against him.

● GA-Sen-B: Former U.S. Attorney Ed Tarver kicked off his long-awaited campaign on Wednesday, a move that makes him the third noteworthy Democrat to enter the November all-party primary.

Tarver, who pitched himself as a moderate, represented a state Senate seat in the Augusta area until he became the first black U.S. attorney for the Southern District of Georgia in 2009. Tarver remained at his post until early March of 2017, when Donald Trump ordered him and another 45 Obama-appointed U.S. attorneys to resign.

National Democrats have consolidated behind pastor Raphael Warnock, who like Tarver would also be Georgia's first black senator, while businessman Matt Lieberman is also running. Appointed Sen. Kelly Loeffler and Rep. Doug Collins are duking it out on the GOP side, and there's a risk that they could both advance to a January 2021 runoff if the three Democrats split Team Blue's vote enough.  

● ME-Sen: GOP Sen. Susan Collins is up with another TV ad against state House Speaker Sara Gideon, who is the favored candidate of national Democrats, and the Bangor Daily News reports that she's putting at least $90,000 behind the buy.

The narrator argues that Gideon is a hypocrite for saying she's rejecting corporate PAC money while "taking tens of thousands from groups funded by corporate PACs." The commercial also tries to stir up some trouble on Gideon's left by featuring photos of two of her June primary foes, attorney Bre Kidman and 2018 gubernatorial candidate Betsy Sweet, and saying that her opponents "criticized Gideon for laundering corporate money into her own campaign. And Maine's Ethics Commission fined Gideon for breaking campaign finance laws."

The paper took a look at the backstory to this ad back in December. Gideon has accepted contributions from groups like Senate Majority PAC that take money from corporations, but only about 2% of her total donations came from PACs as of the end of the third quarter. Collins, by contrast, received 22% of her donations from PACs through late September.

The part about the Maine Ethics Commission is from a completely separate matter. The commission fined Gideon's now-defunct PAC in December all of $500 for reimbursing her that same amount for donations Gideon made to two state-level political committees in 2016.

As we wrote back then, reimbursements like these run afoul of federal and state laws that forbid anyone from making campaign contributions in another person's name. Gideon, however, didn't try to conceal her efforts; rather, they were discovered because her PAC publicly disclosed the reimbursements. For that reason, the commission declined to investigate further, concluding Gideon's disclosure meant it was unlikely she had knowingly sought to violate the law.

● MI-Sen: Quinnipiac University is out with a poll giving Democratic Sen. Gary Peters a 45-39 lead over 2018 GOP nominee John James. The margin is very similar to the 44-40 Peters edge that the local Glengariff Group found in early January, though Baldwin Wallace University gave the incumbent a larger 42-32 lead last month.

Gubernatorial

● UT-Gov: Salt Lake County Council chair Aimee Winder Newton announced this week that she would try to gain enough support at the April state GOP convention to advance to the June primary rather than continue to gather signatures. One other Republican, former state House Speaker Greg Hughes, is competing at the convention and not collecting petitions to make the primary ballot, but the two candidates made this choice under very different circumstances.

Winder Newton acknowledged that she couldn't afford to hire a firm to collect the 28,000 valid signatures she needed, an undertaking she estimates could cost more than $200,000, and that her volunteer-led effort wouldn't be able to gather enough petitions in time. Hughes, though, has access to plenty of money, but he still decided to focus on the convention in January.

House

● CA-16: Democratic Rep. Jim Costa is out with an ad ahead of the March 3 top-two primary that features old footage of his intra-party rival, Fresno City Councilor Esmeralda Soria, praising him.

● CA-25, TX-02: The progressive group End Citizens United has endorsed Assemblywoman Christy Smith in California and attorney Sima Ladjevardian in Texas, who each face notable intra-party opposition in their March 3 races.

Progressive political commentator Cenk Uygur, who is Smith's main intra-party rival in California's 25th District, is also out with a new ad where he proclaims he's "new to politics." Uygur continues, "They say it's rude for me to say that other politicians are corrupt. They say it's rude to point out that lobbyists don't give money to politicians for charity, they give it to bribe them." He then implores the audience, "Send me to Washington, so I could be rude to more lobbyists and politicians."

● MN-01: Freshman GOP Rep. Jim Hagedorn announced on Wednesday that he has been receiving treatment for Stage 4 kidney cancer over the last year, but that this would not prevent him from running for re-election this year.  

● NY-02: Suffolk County Board of Elections member Nick LaLota announced this week that he was dropping out of the June GOP primary and would instead challenge Democratic state Sen. John Brooks. LaLota made his decision a few weeks after local party leaders, including retiring Rep. Peter King, threw their support behind Assemblyman Andrew Garbarino's bid for this open seat.

The only other Republican who is still running an active campaign for this competitive Long Island district is fellow Assemblyman Mike LiPetri. Another local elected official, Islip Councilwoman Trish Bergin Weichbrodt, announced she was running back in November but didn't report raising any money through 2019 and still doesn't appear to have a campaign website or social media account. On the Democratic side, Babylon Town Councilor Jackie Gordon doesn't face any serious opposition.

● OH-01: Air Force veteran Nikki Foster and former healthcare executive Kate Schroder are each up with new TV spots ahead of the March 17 Democratic primary to face GOP Rep. Steve Chabot.

Foster tells the audience she's not once backed down from a fight from "serving as a combat pilot in Iraq and Afghanistan to fighting for my son's life in the intensive care unit." Foster declares that her next fight is making health care more affordable, and that Donald Trump and Chabot would "slash coverage for people with pre-existing conditions" like her son.

Schroder uses her commercial to talk about solving problems she's told are impossible. She describes how she helped expand dental care while she was on the Cincinnati Board of Health and dramatically reduced drug prices while working abroad. "As a cancer survivor," Schroder continues, "healthcare is personal."  

● OH-03: The progressive group End Citizens United is supporting Democratic Rep. Joyce Beatty in her March 17 primary against former Consumer Financial Protection Bureau advisor Morgan Harper.

Harper has proven to be an unexpectedly strong fundraiser for someone challenging an uncontroversial incumbent, though Beatty still holds a huge financial advantage here. Beatty outraised Harper $315,000 to $221,000 during the fourth quarter, and the incumbent ended 2019 with a $1.7 million to $273,000 cash-on-hand lead. Whoever wins the Democratic nod will have no trouble prevailing in November in this safely blue Columbus seat.

● PA-01: Pennsbury school board member Debbie Wachspress announced Thursday that she was dropping out of the April Democratic primary to take on GOP Rep. Brian Fitzpatrick, a development that could have very bad implications for Team Blue's attempts to put up a serious fight in this 49-47 Clinton seat, one of just two districts nationally that voted for Clinton in 2016 and has a Republican incumbent seeking re-election.

Wachspress made her decision two days after candidate filing closed and one day after LevittownNow.com reported that she'd been accused in a lawsuit against the school district of using racist, anti-Semitic, and homophobic language at a meeting. Wachspress responded by saying that she had been recounting when she was subjected to an anti-Semitic slur decades ago, but that “[n]ever in my life have I denigrated anyone with words like that.”

Wachspress put out a statement the following day saying she "now find[s] myself in a situation where my family is going to suffer - with this recent offensive and completely false narrative of who I am - and my candidacy will also. It is clear to me that these lies and distortions will be too big a distraction to overcome."

Wachspress exited the race by endorsing Bucks County housing department official Christina Finello, who faces businessman Skylar Hurwitz in the primary. Unfortunately, though, both Finello and Hurwitz each had less than $12,000 on-hand at the end of December compared to the $355,000 that Wachspress had available. Democrats will need to hope that one of their two remaining candidates can bring in a whole lot more cash now that the apparent frontrunner is out if they want to have a real chance at beating the well-funded Fitzpatrick in this swing seat.

● TX-12: Businessman Chris Putnam is up with another TV spot against Rep. Kay Granger ahead of their March 3 GOP primary showdown. Putnam tells the audience, "President Trump, he drives liberals nuts. And I drive Kay Granger nuts." Putnam, though, does not get around to informing the viewer that Trump is actually supporting Granger.

Putnam continues by accusing Granger of lying about him and "even making fun of my cowboy hat—but that's what we wear in Texas, Kay." The challenger mystifyingly never bothers to actually put on a cowboy hat during this commercial (so much for Chekov's Hat), though the ad shows pictures of two of Putnam's most prominent supporters, the sheriffs of Tarrant and Wise Counties, decked in some massive headwear.  

● TX-23: Future Leaders Fund, an organization started by retiring GOP Rep. Will Hurd, is up with a TV commercial supporting Navy veteran Tony Gonzales ahead of the March 3 primary. Politico reports that this is a "five-figure buy" on Fox News.

● VA-05: EMILY's List has endorsed Marine veteran Claire Russo in the June Democratic primary for this 52-41 Trump seat. The GOP nomination will be decided at an April 25 party convention, where freshman Rep. Denver Riggleman is trying to fend off a challenge from Campbell County Supervisor Bob Good.