Morning Digest: Michigan Democrats retake House majority, clearing way for progressive priorities

Posted on April 17, 2024 by Daily Kos Elections

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

Subscribe to The Downballot, our weekly podcast

Embedded Content

Leading Off

● MI State House: Michigan Democrats successfully defended a pair of vacant state House seats in the Detroit suburbs on Tuesday, restoring the outright majority the party won in 2022. With Democrats, who also hold the governorship and state Senate, back in full control of state government, the party once again has the opportunity to advance its agenda.

In one of Tuesday's specials, Westland City Councilman Peter Herzberg defeated Republican Josh Powell 60-38 in the 25th District, which, according to data from Dave's Redistricting App, backed Joe Biden 59-40 in 2020.

Meanwhile, Macomb County Commissioner Mai Xiong likewise beat Republican Ronald Singer 66-34 in the 13th District, which went for the president 64-35. Xiong's win makes her the first Hmong American elected to the state House.

Both seats became vacant following last November's local elections when a pair of Democrats, Kevin Coleman of Westland and Lori Stone of Warren, resigned after being elected mayor of their respective communities. While there was little question that Democrats would win the special elections, Coleman and Stone's absences meant that the 110-chamber would be tied 54-54 for several months.

Democrat Joe Tate remained speaker during the ensuing time, but his party was unable to pass legislation without Republican support. This state of affairs, however, has changed now that Herzberg and Xiong have prevailed and restored Democrats to a 56-54 edge (they also have a 20-18 advantage in the Senate).

Despite their narrow majorities, Democrats passed an ambitious agenda last year, which included repealing anti-union "right to work" laws, reversing a 1931 abortion ban, and protecting the rights of LGBTQ+ people. Their hopes for the coming year are similarly far-reaching.

One major goal will be the passage of the $80.7 billion state budget that Democratic Gov. Gretchen Whitmer is touting as a way to provide both free preschool and community college. The House will also have the opportunity to approve a voting rights package to improve access to the ballot box for people of color, voters with disabilities, and people who rely on a language other than English.

While the governorship and state Senate aren't up until 2026, Democrats must once again defend their narrow majority in the lower chamber this November. That task got a bit more complicated this year when a panel of federal judges approved a new map for the state House drawn by Michigan's independent redistricting commission to replace one the court determined improperly factored in race.

The partisan impact of this shift was limited, as Donald Trump would have won the same 56-54 majority of districts under both sets of maps. Xiong, though, will likely be in for a considerably tougher contest this fall than she was on Tuesday: While Biden easily carried the version of the 13th District she won this week, the revamped version favored him just 50-48.

Election Recaps

● AL-02: Former Justice Department official Shomari Figures defeated state House Minority Leader Anthony Daniels 61-39 in Tuesday's Democratic primary runoff for Alabama's revamped 2nd District.

Figures' nomination in this seat, which now takes in Mobile, Montgomery, and the eastern Black Belt, came after the crypto-aligned super PAC Protect Progress spent another $900,000 to support him in the second round of voting. The group previously deployed over $1.7 million to promote Figures ahead of the March 5 primary, which saw him lead Daniels 43-22.

Figures will be favored in the general election against attorney Caroleene Dobson, who won the GOP runoff by beating former state Sen. Dick Brewbaker by a 58-42 margin. The new version of the 2nd, which was put in place by a federal court, is now a plurality Black district that would have backed Joe Biden 56-43.

Republican Rep. Barry Moore last year all but acknowledged his redrawn seat was unwinnable for his party when he decided that, rather than seek reelection to the new 2nd, he'd challenge fellow incumbent Jerry Carl in the dark red 1st. (Moore won 52-48 last month.)

With Democratic Rep. Terri Sewell poised to easily hold the reliably blue 7th District around Birmingham, a win for Figures in November would give Alabama two Black members of Congress for the first time. It would also be the first time that Democrats have held two House seats in Alabama since Republicans secured their current 6-1 advantage following the 2010 red wave.

Figures, who hails from a prominent political family in Mobile, would also be the first African American to represent this Gulf Coast city in Congress since the 1870s. Two of the three Black representatives who held office during Reconstruction, Republicans Benjamin Turner and Jeremiah Haralson, won Mobile-based seats; the third, James Rapier, represented an area around Montgomery and Dothan.

In addition, Figures would be the first Democrat to represent Mobile in the House since the early 1960s, a time when segregationist Democrats still held a monopoly on power in the state. The last Mobile-based Democratic congressman was Frank Boykin, a conservative Dixiecrat who won what was then numbered the 1st District in a 1935 special election.

Boykin's status was threatened, though, after the state lost one of its nine House seats following the 1960 census and the legislature failed to approve a new map in time for the 1962 elections.

All nine members of the House delegation, which had been all-Democratic since the turn of the century, ended up competing in a statewide primary for eight at-large seats, and Boykin was the unlucky incumbent who took last place. (He was convicted on corruption charges the next year, but President Lyndon Johnson later pardoned the former congressman.)

New districts were approved for the 1964 elections, but Republicans had begun making inroads in the state by emphasizing their opposition to civil rights for African Americans. Republican Jack Edwards decisively won the open 1st District around Mobile as the GOP, aided by Barry Goldwater's landslide win over LBJ in Alabama, secured four other House seats. While the GOP lost two of its new members in 1966, it continued to hold the 1st District throughout the ensuing decades.

Alabama's current court-drawn map, however, means that, for the first time since Boykin's era, most voters in Mobile will soon likely have a Democratic congressman. About 90% of the city is located in the new 2nd District, according to data from Dave's Redistricting App, while the balance is contained in the 1st.

And while the GOP's hold on the 1st District, which would have favored Donald Trump 74-24 in 2020, isn't at risk, the new boundaries were bad news for one Mobile-area Republican. Carl, a former member of the Mobile County Commission, lost his March 5 primary to Moore, a colleague whose base is in the more rural Wiregrass region to the east.

Senate

● MD-Sen: A new survey for OpinionWorks shows former Republican Gov. Larry Hogan leading his two prospective Democratic foes, Rep. David Trone and Prince George’s County Executive Angela Alsobrooks, 53-40 and 54-36, respectively. The poll, which was conducted for The Baltimore Sun, FOX45, and the University of Baltimore, did not include presidential numbers in Tuesday's release.

A pair of March polls from Braun Research conducted for two different sets of clients also showed Hogan ahead in general election matchups, though they disagreed just how well he was doing in this dark blue state.

The early March numbers for the Washington Post and the University of Maryland placed the Republican ahead of Trone and Alsobrooks by margins of 49-37 and 50-36, which is similar to what OpinionWorks now finds. But a survey conducted later in the month for Goucher College and the Baltimore Banner showed Hogan edging out Trone just 43-42 and leading Alsobrooks by an only slightly larger 44-40 spread.

OpinionWorks also looks at both parties' May 14 primaries. On the Democratic side, Trone enjoys a 48-29 edge over Alsobrooks, which is larger than what other recent polls have shown. The firm also gives us a rare glance at the GOP side, where Hogan is crushing wealthy perennial candidate Robin Ficker 69-9.

● NJ-Sen: A state court judge ruled on Monday that election officials in New Jersey could continue to print ballots for the Republican primary that award special placement to party-endorsed candidates, saying it was "too late" to change course. Previously, a federal judge forbade Democrats from using ballots organized in this way and instead said candidates had to be grouped by the office they're seeking.

However, even though that federal court ruling applied only to Democratic primaries, Superior Court Judge John Harrington suggested that Republicans should have followed suit in eliminating the so-called "county line." The federal case is currently being appealed, and it's possible that the 3rd U.S. Circuit Court of Appeals could extend the lower court's ruling to include the GOP.

● NV-Sen: Former diplomat Jeff Gunter is airing his first TV ad against Army veteran Sam Brown ahead of the June 11 Republican primary, though it's anyone's guess how much he's actually spending to get it on the air. Gunter said two weeks ago he'd be deploying a total of $3.3 million on ads for the rest of the contest, but as of Friday, AdImpact reported he'd booked only $654,000.

The new spot accuses Brown of being aided by "dirty cash from Mitch McConnell, the swamp king himself." Brown is the NRSC's endorsed candidate to take on Democratic Sen. Jacky Rosen.

● DSCC: The Democratic Senatorial Campaign Committee announced Tuesday that it had reserved a total of $79 million for TV, radio, and digital ads in races across the nation. The news came after its allies at Senate Majority PAC booked what Politico's Burgess Everett says is now $239 million in several battlegrounds.

Everett writes that a large portion of the DSCC's reservation is budgeted toward TV ads in three Democratic-held seats in swing states: $11 million is going to defend Michigan's open seat, while Wisconsin Sen. Tammy Baldwin will receive $10 million in support and Pennsylvania Sen. Bob Casey will benefit from $8 million.

Another $2 million is being devoted to radio buys to help Montana Sen. Jon Tester, but we don't know yet how the remaining $48 million is being assigned. Everett says "seven-figure digital advertisements" will be used in the above states as well as in Arizona, Florida, Nevada, Ohio, and Texas. (Florida and Texas are held by GOP incumbents Rick Scott and Ted Cruz.) An unnamed DSCC aide says some money will also be directed toward coordinated buys with candidates.

Governors

● IN-Gov: Campaign finance reports are in for the first quarter of the year, and the Indianapolis Star's Kayla Dwyer has collected the numbers from all the notable Republicans competing in the May 7 primary for governor:

Businessman Eric Doden: $4.4 million raised, $251,000 cash on hand
Sen. Mike Braun: $2.9 million raised, $946,000 cash on hand
Former state Commerce Secretary Brad Chambers: $1.5 million raised, additional $3 million self-funded, $761,000 cash on hand
Lt. Gov. Suzanne Crouch: $1.4 million raised, $3.1 million cash on hand
Former Attorney General Curtis Hill: $201,000 raised, $34,000 cash on hand

Dwyer notes that Doden received $3 million in donations and loans from his parents, which represents most of the money he brought in. Braun, for his part, took in $1 million from Richard Uihlein, who is one of the most prolific conservative megadonors in the country.

● VA-Gov: Democratic Rep. Abigail Spanberger publicized an endorsement on Tuesday from Clean Virginia, a prominent environmental group that the Richmond Times-Dispatch says spent almost $12 million in last year's legislative races.

That effort included several 2023 Democratic primaries where Clean Virginia's candidates opposed contenders supported by Dominion Energy. Clean Virginia helped Lashrecse Aird deny renomination to Dominion's ally, conservative state Sen. Joe Morrissey, while it was on the winning side against two other upper chamber candidates backed by the mammoth energy producer. Dominion, though, successfully defended two Democratic state senators against Clean Virginia-supported challengers.

Spanberger faces Richmond Mayor Levar Stoney in next year's Democratic nomination contest to replace GOP Gov. Glenn Youngkin, who is barred from seeking a second consecutive term. Spanberger ended 2023 with a wide $3.6 million to $758,000 cash on hand advantage, but since fundraising reports covering the first six months of the year won't be available until July 15, we'll need to wait a while for updated numbers.

House

● CO-05: State Sen. Bob Gardner said over the weekend that election officials informed him that he'd failed to submit enough signatures to make the June 25 Republican primary ballot. Gardner, who is termed out of his current job, acknowledged his congressional campaign was over to Colorado Politics. "I've always believed there's more to life than the next political office," he said, "so there's many opportunities to serve."

Gardner's involuntary departure makes the primary to replace retiring GOP Rep. Doug Lamborn a two-way duel between state party chair Dave Williams, who has Donald Trump's backing, and conservative radio host Jeff Crank, who has Speaker Mike Johnson in his corner. Crank decisively outraised Williams $302,000 to $68,000 among donors during the first quarter of the year, though Williams self-funded an additional $103,000. Crank finished March with a $228,000 to $166,000 cash advantage.

Both candidates have an unhappy electoral history with Lamborn, who has not taken sides. Crank narrowly lost to Lamborn the last time this seat was open in 2006 and unsuccessfully sought to boot him two years later, while Williams waged a failed challenge to Lamborn last cycle. The GOP nominee will be favored in the general election for the 5th District, a Colorado Springs-based seat that favored Trump 53-43 in 2020.

● PA-01: A new group called True Patriots PA, which Politico says has ties to Democrats, has spent at least $50,000 on mailers attacking GOP Rep. Brian Fitzpatrick in the hopes that his far-right primary opponent somehow unseats him. One flyer accuses the incumbent of becoming "best friends with Kamala Harris and the Democrats," while another calls him "the biggest RINO in Congress."

Politico reports the treasurer of True Patriots also works for Democratic Rep. Eric Swalwell of California, a prominent progressive. Democrats would be thrilled if anti-abortion activist Mark Houck denied renomination to Fitzpatrick in this competitive suburban Philadelphia seat, but there's not much sign that the congressman is in danger against the underfunded challenger.

Fitzpatrick did air commercials on streaming TV last month branding Houck as a "porn addict," but Inside Elections reported at the time that the congressman was spending just $23,000 on those ads. The winner will take on retired Army pilot Ashley Ehasz, a Democrat who is hoping to avenge her 55-45 loss against Fitzpatrick from last cycle.

● SC-01: The conservative super PAC Winning for Women has launched what Inside Elections' Jacob Rubashkin says is at least a $161,000 TV buy to promote former state cabinet official Catherine Templeton in the June 11 GOP primary. The spot, which does not mention Trump-backed incumbent Nancy Mace, declares that Templeton "will stand with President Trump's border policies."

The Washington Post's Patrick Svitek notes that Winning for Women supported Mace in 2022 when she successfully fended off a primary opponent who was endorsed by Trump, and it initially backed her again in May of last year. But while Mace responded by tweeting out her "[e]normous gratitude," the two sides appear to have had a falling out sometime after the congresswoman joined with seven other House Republicans to end Kevin McCarthy's speakership.

"They’re doing this all because the former Speaker is a mean girl on a revenge tour against the only woman who voted against him for Speaker," a Mace spokesperson said in a statement about the congresswoman's erstwhile allies. "And this time he’s hiding behind the skirts of W4W."

Prosecutors & Sheriffs

● Alameda County, CA District Attorney: County election officials announced Monday evening that the campaign to recall Alameda County District Attorney Pamela Price had turned in enough signatures to force a vote.

It will be up to the Board of Supervisors, which is set to meet on April 30, to decide when the election will take place. Recall expert Joshua Spivak identifies both the timing of the race, as well as the question of whether or not a replacement would be elected on the same ballot, as some of the "areas for potential lawsuits."

Price was elected in 2022 as district attorney for this dark blue East Bay county, which is home to Oakland and Berkeley, by campaigning as a criminal justice reformer. Her critics, though, quickly began arguing that she'd done a poor job combating violent crime. Price’s team, meanwhile, said last month that her ouster would "undermine the results of a free and fair election" and "jeopardize the historic progress achieved in recent years."

● Hillsborough County, FL State Attorney: Democrat Andrew Warren announced Tuesday that he would run this fall to reclaim the prosecutor's office in Hillsborough County that Republican Gov. Ron DeSantis permanently suspended him from in 2022.

Warren is seeking to oust Republican Suzy Lopez, whom DeSantis appointed to replace him, in a county that includes Tampa and many of its suburbs. First, though, he needs to get past attorney Elizabeth Martinez Strauss, who hails from a prominent local legal family, in the Aug. 20 Democratic primary.

Warren won his second term 53-47 in 2020 as Joe Biden was carrying Hillsborough by a similar spread. However, his tenure came to a sudden end two years later when DeSantis removed him from office for, among other things, refusing to prosecute people who obtain or provide abortions.

Warren initially had little success in court challenging his dismissal and announced in January that he'd decided not to run again because there was a "high risk" that the governor would respond to his victory by removing him again.

However, he unexpectedly got some welcome news just two days later when a federal appeals court determined that a lower court judge had incorrectly concluded that several of the factors that had "motivated DeSantis to suspend Warren"—such as Warren's opposition to prosecuting individuals who obtain or provide abortions—were not protected by the First Amendment. The move did not guarantee Warren's reinstatement, but the Democrat quickly acknowledged he was reconsidering his plans not to run.

There have been no major developments since then, and the Tampa Bay Times says the case hasn't even been formally returned to the lower court yet. Still, Warren told the Times on Tuesday that the appeals court's decision "makes clear that the governor is not above the law and that the will of the people matters."

Strauss, for her part, told the paper that, while she believes Warren was unfairly ousted, his legal situation makes him "a risky candidate." She added that she'd remain in the race unless the courts act on his case before the April 26 candidate filing deadline.

Poll Pile

TX-Sen: Texas Hispanic Policy Foundation: Ted Cruz (R-inc): 46, Colin Allred (D): 41, Ted Brown (L): 4 (48-36 Trump in two-way, 46-34 Trump with third-party candidates)

Ad Roundup

NV-Sen: Jacky Rosen (D-inc)
PA-Sen: Bob Casey (D-inc)
WI-Sen: Tammy Baldwin (D-inc)

Campaign Action

Morning Digest: Democratic landslide in Alabama is massive warning for GOP on IVF

Posted on March 27, 2024 by Daily Kos Elections

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

Subscribe to The Downballot, our weekly podcast

Embedded Content

Leading Off

● AL State House: Democrat Marilyn Lands defeated Republican Teddy Powell on Tuesday in a 62-37 landslide, easily prevailing in a nationally watched special election for a GOP-held seat in the Alabama House of Representatives.

Lands outperformed the 10th District's normal lean by wide margins: Donald Trump carried the district by a 49-48 spread in 2020, according to Dave's Redistricting App, while voters favored Republican David Cole over Lands 52-45 two years later.

While Republicans will still retain their supermajority in the chamber, both parties were paying close attention to see whether a recent ruling from the Alabama Supreme Court that threatened access to in vitro fertilization could be a winning issue in competitive areas like this suburban Huntsville constituency.

Lands focused intently on reproductive rights in her campaign to replace Cole, who resigned last summer after getting convicted on voter fraud charges. "It's shameful that today women have fewer freedoms than I did two decades ago," she said in one spot excoriating the state's near-total abortion ban. Lands, a mental health counselor, also argued the legislature didn't do enough to protect IVF when it passed a law earlier this month that shields clinics from liability.

Powell, a member of the City Council in Madison, adopted a very different strategy. He instead focused on issues like infrastructure and downplayed the importance of reproductive rights. "It's certainly an issue that needs to be dealt with," he told Politico, "but not our top issue. I don't think that this is the issue that wins or loses the race."

That calculus turned out to be wrong, and Lands just gave Democrats good reason to believe that Powell will be only the first of many Republicans to pay the price at the ballot box this year.

Senate

● NJ-Sen: Candidate filing closed Monday for New Jersey's June 4 primaries, and the New Jersey Globe has a list of contenders. Not everyone who turned in paperwork will necessarily make the ballot, though, since anyone can challenge the validity of a candidate's petitions.

The GOP's Senate lineup shrunk just before the deadline when former TV reporter Alex Zdan announced he was dropping out. His departure leaves developer Curtis Bashaw, who picked up Zdan's endorsement the next day, and Mendham Borough Mayor Christine Serrano Glassner as the main Republican candidates campaigning in this solidly blue state.

Rep. Andy Kim, meanwhile, is the heavy favorite for the Democratic nomination after his top rival, former financial analyst Tammy Murphy, unexpectedly dropped out just ahead of the filing deadline.

● TX-Sen: Marist College finds Republican Sen. Ted Cruz leading Democratic Rep. Colin Allred 51-45, with respondents favoring Donald Trump by a larger 55-44 spread. This is Marist's first look at this race, as well as the first poll we've seen here since Allred won the March 5 primary.

Governors

● IN-Gov: Republican Sen. Mike Braun made news on Friday when he missed the vote to avert a government shutdown hours after he attended a fundraiser back in Indiana, prompting one of his intra-party rivals for governor to quickly release an ad taking him to task.

Wealthy businessman Eric Doden's spot focuses on a claim by Braun's chief of staff that the senator mistakenly believed the matter would be settled the next day and therefore "decided to spend the night at home and fly out Saturday morning."

"Senator Braun: Sleeping on the job?" reads the on-screen text at the conclusion of the almost wordless commercial. Politico's Adam Wren reminds us that Braun labeled Democratic Sen. Joe Donnelly "Sleepin' Joe" during his successful 2018 campaign.

House

● FL-27: EMILYs List has endorsed Miami-Dade County School Board member Lucia Baez-Geller's campaign to take on GOP Rep. María Elvira Salazar. Baez-Geller faces former Key Biscayne Mayor Mike Davey in the Aug. 20 Democratic primary for this Miami-area seat.

● TX-22: The House Ethics Committee announced Tuesday that it's investigating Republican Rep. Troy Nehls, but it did not provide any details about why. Nehls subsequently described the probe as an "inquiry into my campaign's finances," though he didn't offer further information about the allegations. The Ethics Committee has pledged to "announce its course of action in this matter" by May 10.

Nehls won renomination without opposition this month in Texas' 22nd District, a suburban Houston constituency that backed Donald Trump 57-41 in 2020.

Attorneys General

● TX-AG: Federal prosecutors announced a deal with Texas Attorney General Ken Paxton on Tuesday under which they agreed to drop his nearly nine-year-old indictment for securities fraud as long as he pays $271,000 in restitution over the next 18 months. The agreement also requires the far-right Republican to perform 100 hours of community service, but he'll face no jail time.

The Texas Tribune, however, notes that Paxton's legal woes are not all resolved. Federal authorities reportedly are continuing to investigate whether the attorney general used his post to benefit a wealthy ally. The state House impeached Paxton last May over these allegations, only for the Senate to subsequently acquit him.

Four of Paxton's former top aides are also still suing him for allegedly retaliating against them for helping in the federal investigation. The Texas State Bar additionally brought a lawsuit for professional misconduct lawsuit against him in 2022 over his efforts to overturn the results of the last presidential election, though the case remains unresolved.

Paxton has spent the last several months working to punish the Republicans who crossed him last year. The attorney general backed a slate of legislative candidates in the March 5 primaries, several of whom ousted his enemies.

Other GOP incumbents, including state House Speaker Dade Phelan, were forced into runoffs, which will take place on May 28. Donald Trump in January joined Paxton in supporting David Covey's bid to unseat Phelan, with Trump citing the speaker's support for what he characteristically dismissed as "the Fraudulent Impeachment."

Paxton, however, has hinted that he could personally challenge an even more prominent intra-party critic next cycle rather than seek a fourth term. In September, he celebrated his acquittal by the state Senate by telling Fox he wasn't ruling out a primary bid against Sen. John Cornyn in 2026.

Paxton intensified Senate chatter last month when he responded to the news that Cornyn would seek to replace Mitch McConnell as the chamber's top Republican by tweeting, "It will be difficult for @JohnCornyn to be an effective leader since he is anti-Trump, anti-gun, and will be focused on his highly competitive primary campaign in 2026." Cornyn fired back by snarking, "Hard to run from prison, Ken," a response that lost much of its bite on Tuesday.

Ad Roundup

PA-Sen: David McCormick (R)
MD-03: Harry Dunn (D); Sarah Elfreth (D)
Las Vegas, NV Mayor: Cedric Crear (part of $375,000 buy)

Campaign Action

Morning Digest: Big Lie pushers aim to recall Wisconsin Republican for not pushing Big Lie enough

Posted on March 12, 2024 by Daily Kos Elections

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

Subscribe to The Downballot, our weekly podcast

Embedded Content

Leading Off

● WI State Assembly: Far-right groups seeking to oust Wisconsin Assembly Speaker Robin Vos announced Monday that they'd turned in about 10,700 signatures to recall the powerful Republican. The effort comes less than two years after Vos narrowly won renomination against an opponent backed by Donald Trump, who sought to punish the speaker for failing to do enough to advance the Big Lie.

If the recall campaign qualifies for the ballot, each party would hold separate primaries ahead of a general election. Vos' 63rd District in the Racine area is solidly Republican turf, so the best way for his conservative detractors to get rid of him may be to deny him the nomination. It only takes a simple plurality to win the primary, though, so a crowded field would likely benefit the incumbent.

Vos, whose 11 years in power makes him the longest-serving speaker in state history, has used his power to continuously block Democratic Gov. Tony Evers from implementing his agenda and responded to Joe Biden's tight 2020 win in Wisconsin by claiming that he believed there was "widespread fraud."

That pronouncement, however, was far from good enough for Trump. The two had a public falling out in 2022 after Vos told Congress that Trump had called him and urged him to retroactively decertify Biden's victory—a move the speaker said was legally impossible.

Trump retaliated by endorsing a previously little-known Republican named Adam Steen. The challenger came very close to defeating Vos, but the speaker hung on with a 51-49 win. (Steen's subsequent general election write-in campaign came nowhere close to succeeding.) While Vos has continued to frustrate Evers, the speaker antagonized election deniers again last year when he wouldn't advance an impeachment effort targeting Wisconsin's top elections official, Meagan Wolfe.

Vos argued in November that, while he wanted Wolfe removed, his party was "nowhere near a consensus" on how to do it. "We need to move forward and talk about the issues that matter to most Wisconsinites and that is not, for most Wisconsinites, obsessing about Meagan Wolfe," he said. But conspiracy theorists were far from done obsessing about Meagan Wolfe and quickly made good on their threats to launch a recall effort.

However, it's not clear exactly which voters would decide Vos' fate. Last month, Evers signed new legislative districts into law to replace gerrymandered Republican maps that the new liberal majority on the Wisconsin Supreme Court struck down. (The court has yet to sign off on the new lines.) Last week, though, the justices declined Evers' request to clarify which set of maps would be used for any special elections or recalls that take place before November, when the new districts are otherwise set to go into effect.

Matt Snorek, who is leading the recall effort against Vos, acknowledged this uncertainty to WisPolitics even as he argued that the old boundaries should apply. "It's unconstitutional to allow folks who didn't vote for him in 2022 to remove him," Snorek said, but also noted that the recall campaign sought to collect signatures in both versions of the seat.

The partisan makeup of Vos' constituency didn't change dramatically, but it did become several points bluer: The old district favored Trump 58-40 in 2020, while the revamped version backed him 56-43.

If the previous lines are used, recall organizers will need 6,850 valid signatures, which represents 25% of the votes cast in the old 63rd District in the 2022 race for governor; the Milwaukee Journal-Sentinel writes that it's not clear what this target would be under the new boundaries. Recall expert Joshua Spivak also added that an "unusual feature" in state law makes it easier to put a recall on the ballot: While most states require anyone who fills out a petition to be a registered voter in their district, the Badger State mandates only that signatories be "eligible" voters.

Vos, though, is hoping his enemies have failed to gather enough signatures and says his team plans to review each petition. Scott Bauer of the Associated Press writes that the bipartisan Wisconsin Elections Commission has a total of 31 days to conduct its own review, though its decision can be challenged in court.

If the recall campaign qualifies, a primary would be held six weeks later, with a general election four weeks after that. (In the unlikely event that no primaries are necessary, the recall would take place on the day that primaries would have taken place.)

P.S. While Vos is on the outs with Big Lie spreaders now, the Republican has a long history of advancing conspiracy theories about elections. Vos responded to Democrat John Lehman's 819-vote victory over GOP state Sen. Van Wanggaard in a June 2012 recall by claiming, "Unfortunately, a portion of [the vote] was fraud." The soon-to-be speaker, though, acknowledged he "did not personally witness any voter fraud" in the campaign, which gave Democrats control of the upper chamber for a few months before Republicans won it back that fall.

Election Night

● Mississippi: Tuesday is primary night in Mississippi, but none of the state's members of Congress appear to be in any danger of losing either renomination or the general election.

The most eventful race is the GOP primary for the 4th Congressional District, where self-funding perennial candidate Carl Boyanton has been airing animated ads depicting freshman Rep. Mike Ezell as a "busy bee" who's too close to special interests. (One even features a rhyming jingle.)

Boyanton, however, failed to break out of the single digits in either 2020 or 2022, so it would be a surprise if he gave Ezell a hard time on Tuesday. A third candidate, Michael McGill, is also in, though his presence would only matter if no one earned the majority of the vote needed to avert an April 2 runoff.

Senate

● MI-Sen: Former Rep. Mike Rogers picked up the "Complete and Total Endorsement" of Donald Trump on Monday, a move that likely shortcircuits any prospect of a strong MAGA-flavored candidate entering the August GOP primary against the NRSC favorite. Rogers himself mulled challenging Trump in this year's presidential race, but the former congressman has spent his Senate bid cozying up to the man whose time he once said had "passed."

● MN-Sen: SurveyUSA shows Democratic Sen. Amy Klobuchar with a 49-33 advantage over Republican Joe Fraser, a banker and Navy veteran who launched a campaign in January. This poll for the ABC affiliate KSTP, which is the first look we've had at this matchup, also shows Joe Biden ahead 42-38 in Minnesota.

● NJ-Sen: Rep. Andy Kim won the Ocean County Democratic convention 86-13 on Saturday against former financier Tammy Murphy. Kim represented about half of this longtime GOP bastion under the congressional map that was in place when he won his first two terms in the House, though now it's split between two Republican-held districts, the 2nd and the 4th.

● Senate: The Democratic group Senate Majority PAC announced Monday that it has reserved a total of $239 million in TV advertising in four additional states:

Arizona: $23 million
Michigan: $14 million
Pennsylvania: $42 million
Wisconsin: $14 million

The super PAC also said it had booked $65 million to defend Sen. Sherrod Brown in Ohio, which is a bit more than the $61 million the GOP firm Medium Buying relayed last month. SMP previously reserved $45 million in Montana and $36 million in Nevada. All seven of these states are held by members of the Democratic caucus, including Arizona, where independent Sen. Kyrsten Sinema is not seeking reelection.

Governors

● IN-Gov: Sen. Mike Braun has publicized a late February internal from Mark It Red that gives him a 41-12 advantage over Lt. Gov. Suzanne Crouch ahead of the May 7 Republican primary for governor, which is similar to the 40-13 spread the firm found in December.

House

● AZ-02: Former Yavapai County Supervisor Jack Smith filed paperwork with the state on Friday for a potential August primary bid against freshman Rep. Eli Crane, who was one of the eight House Republicans who voted to end Kevin McCarthy's speakership last year. Smith, who does not have the most helpful name for a Republican candidate seeking office in 2024, has not said anything publicly about his plans. The filing deadline is April 1.

Politico reported last month that McCarthy's network planned to target Crane in northeastern Arizona's reliably red 1st District. There's no word yet, though, whether the former speaker sees Smith, who resigned from office in 2019 to become state director for the U.S. Department of Agriculture's Rural Development program, as a strong option.

● CA-20: NBC projects that Republican Assemblyman Vince Fong has secured first place in last week's top-two primary to succeed his old boss, former Rep. Kevin McCarthy. Fong, who served as McCarthy's district director before winning a seat in the legislature in 2016, leads with 38% as of Tuesday morning. Another Republican, Tulare County Sheriff Mike Boudreaux, holds a 25-22 advantage over Democrat Marisa Wood for second.

It's not clear how many ballots remain to be tabulated, though. NBC estimates that 65% of the total vote has been counted, but the Associated Press places the proportion at just 62% reporting. The AP has almost 1,500 more votes tallied than NBC even as it reports that a lower percentage of the vote is in.

Note that the first round of the special election for the remaining months of McCarthy's term will take place on March 19. Donald Trump, who like McCarthy backs Fong, carried this Central Valley seat 61-36.

● Georgia: Candidate filing closed Friday for Georgia's May 21 primaries, which will mark the first time that the state's new congressional map will be used, and you can find a list of contenders available here. A June 18 runoff will take place in contests where no candidate wins a majority of the vote. The state also conducts a general election runoff between the top two vote-getters on Dec. 3 if no candidate receives a majority on Nov. 5, though that's unlikely to come into play in any congressional races this year.

There was one notable development just ahead of the filing deadline when state Rep. Mandisha Thomas became the third and final Democrat to launch a campaign for the new 6th Congressional District, a safely blue seat in the western Atlanta suburbs. Thomas, though, will face a challenging battle against 7th District Rep. Lucy McBath, a nationally known gun safety activist who ended 2023 with $1 million at her disposal. Cobb County Commissioner Jerica Richardson is also running, but she finished last year with a mere $4,000 banked.

● MO-03: State Rep. Justin Hicks announced Monday that he was joining the August Republican primary to replace retiring GOP Rep. Blaine Luetkemeyer. The launch comes several months after Max Calfo, a former Jim Jordan staffer who was challenging him for renomination, shared what he claimed were court documents from St. Louis County dating to 2010 in which a woman accused the then-17-year-old Hicks of trying to choke her.

"The restraining order's true," the woman, whose name has not been shared publicly, told the St. Louis Post Dispatch's Jack Suntrup in November. The county's Circuit Court would not confirm the existence of the records, however, though a spokesperson informed Suntrup that the forms posted by Calfo appeared to match those used by the court at the time. Hicks does not appear to have responded to the allegations, though Calfo claims the state representative is now suing him.

● NY-03: Politico reports that the Nassau County Republican Committee has endorsed former Assemblyman Mike LiPetri, who does not appear to have shown any prior public interest in taking on Democratic Rep. Tom Suozzi. LePetri ran for the open 2nd District in 2020 under a prior map but lost the primary 63-36 against Andrew Garbarino, his then-colleague and the eventual general election winner.

Politico says that, while the Nassau GOP only announced its support for LiPetri late Sunday, party chair Joe Cairo gave a heads-up to the other notable Republican running in the June primary, Air Force veteran Greg Hach. Hach quickly used that information to blast LiPetri on Friday as an "Anti-Trumper" who was "anointed by the local back-room political machine" and has "financial ties" to George Santos. But even though LiPetri fired off nine different tweets that same day, he only confirmed he was running to Newsday on Monday evening.

● SC-01: Donald Trump on Saturday endorsed Rep. Nancy Mace, whom he'd unsuccessfully tried to defeat in the GOP primary last cycle. The congresswoman that Trump called "an absolutely terrible candidate" in 2022, however, has used the ensuing two years to remake herself into a diehard MAGA defender. Mace does not appear to have a similar reconciliation with Kevin McCarthy, whom she voted to oust as speaker in October.

Mace faces a June primary challenge from former state cabinet official Catherine Templeton, whom the incumbent labeled "McCarthy's puppet" last month. Dan Hanlon, who is Mace's former chief of staff, filed FEC paperwork in late January, but he still has not said anything publicly about this race. The candidate filing deadline is on April 1.

● TX-23: Republican Rep. Tony Gonzales on Monday unveiled an endorsement from Lt. Gov. Dan Patrick, one of the most powerful far-right politicians in Texas, ahead of his May 28 primary runoff against gun maker Brandon Herrera, whom he led 45-25 in the first round of voting. Patrick's stamp of approval could be a welcome asset for Gonzales a year after the state party censured him for, among other things, voting to confirm Joe Biden's victory in the hours after the Jan. 6 attacks.

● WA-06: State Sen. Emily Randall on Monday unveiled endorsements from two Democratic congresswomen who represent neighboring House seats, Rep. Marie Gluesenkamp Perez of the 3rd District and Rep. Marilyn Strickland of the 10th. Retiring Rep. Derek Kilmer, whose seat Randall is seeking, previously endorsed the other major Democrat in the race, Commissioner of Public Lands Hilary Franz.

Ballot Measures

● MO Ballot, MO-Sen, MO-Gov: A new poll from the GOP firm Remington Research Group for the local tip-sheet Missouri Scout finds a 42-26 plurality in favor of amending the state constitution "so that future constitutional amendments would need a statewide majority vote and a majority vote in a majority of congressional districts to take effect."

Note that this poll sampled November general election voters even though the proposed constitutional amendment would likely appear on the August primary ballot (should lawmakers actually pass the measure).

In the Senate race, Remington also finds GOP incumbent Josh Hawley outpacing the Democratic frontrunner, Marine veteran Lucas Kunce, 53-39. GOP Secretary of State Jay Ashcroft likewise holds a similar 53-36 advantage in a hypothetical race for governor against state House Minority Leader Crystal Quade, though both candidates face contested primaries this summer.

Prosecutors & Sheriffs

● Cook County, IL State's Attorney: Attorney Clayton Harris has publicized an endorsement from Rep. Chuy Garcia, a high-profile progressive who is also one of the most prominent Latino politicians in the Chicago area, ahead of next week's Democratic primary.

Ad Roundup

MS-Sen: Ghannon Burton (R) - anti-Roger Wicker (R-inc) (here and here)
MT-Sen: Jon Tester (D-inc)
ND-Gov: Tammy Miller (R)
WV-Gov: Patrick Morrisey (R)
PA-12: Bhavini Patel (D) - anti-Summer Lee (D-inc)

Campaign Action

Morning Digest: Want to know which House seats are the most vulnerable? Our new tool tells you

Posted on September 18, 2023 by Daily Kos Elections

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

Subscribe to The Downballot, our weekly podcast

Embedded Content

Leading Off

● House: Which House districts are the most likely to change hands heading into next year's pivotal elections? The 2024 elections might be more than a year away, but we can tell you right now thanks to the new edition of our House Vulnerability Index.

Our index, which we've been using for more than a decade relies on just two data points: how red or blue every district is (based on an average of its presidential results over the last two elections) and how well each incumbent performed in the 2022 midterms. We rank each criterion (with open seats given a zero for the second factor), combine the ranks, and then re-rank the entire House, separated by party. This gives us an excellent view of the congressional battleground—something we can confirm by analyzing how it's performed in the past (the answer: very well).

So which are the most vulnerable seats? For Republicans, the top five are all freshmen who were lucky enough (or unlucky enough, depending on how things pan out) to win races last year in blue districts in California or New York—two states where poor Democratic turnout allowed the GOP to win on turf that's normally out of reach. Democrats' toughest defense, meanwhile, will be in Michigan's 7th District, a very swingy seat that's open next year because Elissa Slotkin, a strong campaigner and impressive fundraiser, is running for the Senate.

As more incumbents retire, or as maps get altered in redistricting, we'll keep updating the index from now through Election Day, so it's an eminently bookmarkable tool for activists and analysts alike.

Find David Jarman's full explanation for how the HVI works—as well as links to the complete index, including all the underlying data—in our detailed introductory post.

Redistricting

● WA Redistricting: Democratic legislative leaders have announced that they won't reconvene Washington's bipartisan redistricting commission after a federal court ruled last month that one of the legislative districts that commissioners adopted after 2020 violated the Voting Rights Act by diluting Latino voting power. However, the Republicans who were allowed to intervene as co-defendants in the case have announced they will appeal the district judge's ruling to the 9th Circuit Court of Appeals. Because Washington's redistricting commission has two voting members from both parties and no tie-breaking vote, the GOP likely would have blocked a suitable remedy had it been reconvened.

Last month, a district judge struck down the 15th District, which is located in the Yakima Valley in south-central Washington, finding that despite its nominal 51% Latino majority among eligible voters, turnout disparities and white voters' hostility to Latino-preferred candidates meant that Latino voters could not effectively elect their chosen candidates there. If the court's ruling survives on appeal and it redraws the 15th to strengthen Latino voting power, it could eventually result in Latino-backed Democrats gaining one seat in the state Senate and two in the state House (Washington uses the same map for both legislative chambers, with each district electing one senator and two representatives.)

Senate

● IN-Sen: Republican Sen. Mike Braun, who's running for governor next year, has finally endorsed Rep. Jim Banks to succeed him in the Senate. The far-right Banks had along ago consolidated support from all levels of the Indiana GOP establishment and more or less lacks any primary opposition. His one nominal opponent, wealthy egg farmer John Rust, is still acting like a candidate (and Banks is still treating him like one), but he seems unlikely to make the primary ballot because his Republican bona fides are insufficient under state law.

● PA-Sen: The conservative site The Dispatch reporters that wealthy former hedge fund CEO Dave McCormick will launch a second bid for the Senate on Thursday. At the moment, there are no notable Republicans running to challenge Democratic Sen. Bob Casey, who is seeking a fourth term.

● UT-Sen: The Republican field to replace Sen. Mitt Romney following his recent announcement that he won't seek reelection next year continues to take shape, and Bloomberg relays a quote from conservative activist Carolyn Phippen saying she's "exploring" a run, something that state party chair Robert Axson had previously suggested was likely. Meanwhile, KUTV reports that a spokeswoman for Gov. Spencer Cox said her boss was not planning to run, though there's no direct quote. Cox had previously announced in March that he would seek reelection next year instead, though that of course was before Romney had called it quits.

The Salt Lake Tribune mentioned several Republicans who could run, including Reps. John Curtis, Blake Moore, and Burgess Owens; Lt. Gov. Diedre Henderson; real estate executive and former state party chair Thomas Wright; JR Bird, who is the mayor of the small town of Roosevelt; and businessman Brad Bonham, who serves on the Republican National Committee. None of that bunch appears to have said anything about their interest yet except for Curtis and Moore, who both had already refused to rule out the prospect.

Lastly, Politico reports that multiple congressional Republicans are encouraging Donald Trump's former national security adviser Robert O'Brien to run. O'Brien, who had worked on both of Romney's presidential campaigns, just last month said he didn't want to run for office next year, but it's unclear yet if his interest has changed with Romney out of the picture.

So far the only notable candidate officially running is Riverton Mayor Trent Staggs, who had been primarying Romney from the right. However, state House Speaker Brad Wilson had also been raising money for a potential bid against Romney for months and had hinted right after the senator's announcement that he could formally jump into the race soon.

House

● DE-AL: A new poll for the Human Rights Campaign, which previously endorsed state Sen. Sarah McBride, finds her leading in the Democratic primary for Delaware's open House seat. The survey, conducted by Democratic pollster Change Research, puts McBride in front with 44% of the vote while 23% say they support Delaware State Housing Authority director Eugene Young and 13% back state Treasurer Colleen Davis. Somewhat surprisingly for a poll conducted a full year before the primary—and long before campaigns will begin spending in earnest—only 18% of respondents say they are undecided.

● GA-06: Cobb County Commissioner Jerica Richardson, who recently kicked off a bid for Georgia's 6th Congressional District, says she'll see her campaign through to the end regardless of whether the state's map gets redrawn.

In 2021, Republicans gerrymandered the Atlanta-area 6th District to an extreme degree: Under its prior boundaries, the district had backed Joe Biden by a 55-44 margin, but after the GOP got done with it, the new version would have supported Donald Trump 57-42. That makes it inhospitable turf for Democrats like Richardson—so much so that the district's former representative, Lucy McBath, decided to seek reelection last year in the neighboring (and safely blue) 7th instead.

But the Atlanta area could get rejiggered yet again, depending on a lawsuit that says Republicans are obligated by the Voting Rights Act to create an additional district where Black voters can elect their preferred candidates. (The suit relies on the same provision of the VRA at issue in Alabama, where Black voters successfully made a similar argument.) A trial in the case just ended on Thursday, and the judge presiding over the dispute says he plans to rule by Thanksgiving, which this year is Nov. 23.

● IL-07: Chicago city Treasurer Melissa Conyears-Ervin was set to launch her long-anticipated primary challenge against Democratic Rep. Danny Davis last week, but the would-be candidate ended up postponing her kickoff event as the fallout from recently disclosed allegations that she abused her power continued to unfold. Conyears-Ervin's campaign said the postponement was "due to a scheduling conflict," but the Chicago Sun-Times reported that a source on her campaign said the real reason was that the city's Board of Ethics held a hearing on the allegations last Monday.

The allegations against Conyears-Ervin surfaced earlier this month when the city released a 2020 letter where two of her former top aides—Ashley Evans and Tiffany Harper—accused the treasurer of misusing government money and personnel. The pair claimed Conyears-Ervin hired an unqualified employee "for personal services;" used official resources for electoral matters, including sending money to religious organizations that supported her; and threatened to retaliate against any subordinates who wouldn't help her. Evans and Harper later received a total of $100,000 in a 2021 settlement after arguing they were fired in just such an act of illegal retaliation.

While that settlement was public knowledge, then-Mayor Lori Lightfoot, who was a Conyears-Ervin ally, spent years trying to keep this letter from becoming public. However, new Mayor Brandon Johnson, a fellow Democrat who defeated Lightfoot and other challengers in elections earlier this year, released the letter earlier this month.

In response to questions during last week's meeting about why the board had apparently failed to act on the letter for nearly three years, chairman William Conlon defended his board's actions by claiming that members lacked investigatory powers of their own. Conlon contended that the board had properly referred the case to the city's inspector general, whose office never referred the matter back to the board.

The Chicago Tribune reported that it was "unclear" whether the inspector general had ever opened an investigation but noted that there have long been concerns about the office taking multiple years to resolve investigations. Current Inspector General Deborah Witzburg, who was appointed last year by Lightfoot and confirmed by the City Council, declined to comment. However, the Tribune added that the city has "tight restrictions" on the inspector general commenting on investigations, meaning it's unclear when we'll get more clarity on the situation from city officials.

● MN-05: State Sen. Bobby Joe Champion, who briefly ran for Minnesota's safely blue 5th Congressional District when it was an open seat in 2018, won't rule out a challenge to Rep. Ilhan Omar in next year's Democratic primary. In new remarks to MinnPost's Ana Radelat, Champion said he "hasn't thought about" a bid before adding, "I never, ever make a decision based on people asking me to do something." Omar already has two opponents in former National Guard recruiter Tim Peterson and attorney Sarah Gad, but several other bigger names are reportedly weighing the race.

Attorneys General

● TX-AG: Texas Attorney General Ken Paxton, who was facing a trial in the state Senate after getting impeached by the House on charges of corruption, was acquitted on all 16 counts on Saturday. Just two of Paxton’s fellow Republicans in the GOP-controlled Senate voted to convict him on any counts even though the vast majority of Republicans in the House had voted to impeach him in May. Axios reported that Paxton allies had threatened primary challenges against any Republicans who voted against the attorney general.

Judges

● OH Supreme Court: State Supreme Court Justice Joe Deters, a Republican appointed to the court by GOP Gov. Mike DeWine in January to fill a vacant Republican seat, has indicated he will instead challenge one of the two Democratic incumbents who will be up for reelection next year rather than run for his current seat. Because Deters filled a vacancy to replace GOP Justice Sharon Kennedy after she was elected to the chief justice's position last year, the 2024 election for Deters' seat is only for the final two years of Kennedy's term. By contrast, both Democratic Justices Melody Stewart and Michael Donnelly are running for what would be their second six-year terms.

Deters has yet to indicate which Democrat he will challenge, but Democrats are already facing another tough election cycle after Republican lawmakers made court races partisan contests ahead of last year's elections in order to help their party in this red-leaning state, and Republicans hold a 4-3 majority after winning all three races last year. Democrats theoretically could gain a 4-3 edge of their own if both Stewart and Donnelly won reelection and the party flipped Deters' open seat in 2024, but that will be a challenging task in a state that has shifted rightward during the Trump era.

Mayors and County Leaders

● Nashville, TN Mayor: Progressives had a strong night in Nashville on Thursday when Metro Council member Freddie O'Connell won a 64-36 blowout in the runoff for mayor against Republican strategist Alice Rolli. Despite the election being an off-cycle, nonpartisan contest, O'Connell's landslide nearly matched Joe Biden's 64-32 victory over Donald Trump here in 2020, which itself was the largest margin since 1948 for a Democratic presidential candidate. Progressives also had a strong performance in races for the Metro Council itself, which will see women holding a majority of seats for the first time in its history.

O'Connell's victory marks a shift from outgoing Mayor John Cooper, a more moderate Democrat who unexpectedly retired after just a single term. O'Connell had campaigned on the slogan "More 'Ville, less Vegas" as part of his argument that the city needed to prioritize the needs of residents over tourists, and he emphasized his opposition to Cooper's successful drive this year for taxpayers to fund a new stadium for the Tennessee Titans. The mayor-elect had drawn well-funded opposition from parts of the local business community, but it wasn't enough to stop him from advancing to the runoff in a crowded field and winning.

Morning Digest: Mitt Romney, facing a difficult path to reelection, won’t run for second term

Posted on September 14, 2023 by Daily Kos Elections

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

Subscribe to The Downballot, our weekly podcast

Embedded Content

Leading Off

● UT-Sen: Republican Sen. Mitt Romney announced on Wednesday that he would not run for reelection next year, bringing to an end a three-decade political career that featured several bids for office but only two victories years apart. Romney's decision creates a wide-open race to succeed him in a deeply conservative state dominated by Republicans but one where critics of Donald Trump, including Romney himself, retain a measure of support.

Romney was born in Detroit in the years immediately after World War II and, as a 15-year-old in 1962, watched his father win election as governor of Michigan. While George Romney would serve three two-year terms and wage an ill-fated bid for the Republican presidential nomination in 1968, Mitt, his youngest son, did not get involved in politics until the early 1990s—and did so in a different state.

The younger Romney had moved to Massachusetts in 1972 to pursue a joint JD/MBA program at Harvard and went on to make his name in the business world, co-founding the private equity firm Bain Capital in 1984. A decade later, he sought to challenge veteran Democratic Sen. Ted Kennedy, hoping that a favorable political climate for Republicans would help him oust the "liberal lion" of the Senate. But despite polls that showed a tight race, Kennedy prevailed by a comfortable 58-41 margin, though it would be the closest contest of his long career.

Romney immediately returned to Bain and was later credited with turning around the financially trouble committee responsible for running the 2002 Winter Olympics in Salt Lake City. Just weeks after the closing ceremonies, though, Romney announced a campaign for governor after acting Gov. Jane Swift, a fellow Republican, dropped her bid for a full term.

While Massachusetts had for many decades seldom sent Republicans to Congress, it had a long tradition of electing them to the governorship; when Romney sought the post, the last time a Democrat had won it was in 1986, when Michael Dukakis secured his third and final term. As he had in his race against Kennedy, Romney campaigned as a moderate and claimed to support abortion rights. (Kennedy had jeered that Romney was not pro-choice but "multiple-choice.") Thanks in part to a large financial advantage—the wealthy Romney self-funded $6 million, a record at the time—he defeated his Democratic opponent, state Treasurer Shannon O'Brien.

The victory was Romney's first, and it also marked the fourth straight gubernatorial win for Massachusetts Republicans. But the streak wouldn't last long for Romney: With more than a year left in his term, he announced he would not seek reelection. The move came ahead of a widely expected campaign for president, which he'd telegraphed by shifting to the right on key issues like abortion.

Romney's metamorphosis left many conservatives unconvinced, however, and he lost the nomination to John McCain, who in turn was beaten by Barack Obama. Four years later, though, true believers failed to rally around a strong alternative and Romney captured the GOP nod, but he, too, lost to Obama. (Romney was reportedly "shellshocked" by the loss despite the incumbent's consistent polling leads.)

Romney later relocated to Utah, where he'd earned his undergraduate degree at Brigham Young and had long maintained a vacation home. But despite declaring he'd been branded a "loser for life" in a documentary about his attempts to win the presidency, he made one last foray into the political arena. Following Sen. Orrin Hatch's retirement, Romney easily won both the GOP primary and general election to succeed him in 2018, making him the first person in 150 years—and just the second ever, after the legendary Sam Houston—to serve as governor and senator in two different states.

While Romney remained a traditional conservative, his Senate tenure was marked by his criticism of Trump. (Hard as it may be to believe now, Trump actually endorsed Romney's initial campaign for Senate.) He made history in 2020 when he became the first senator to vote in favor of convicting a president from his own party at an impeachment trial during Trump's first impeachment, then voted (along with a handful of other Republicans) to convict him again at his second impeachment the next year.

The hatred his apostasies engendered from the MAGA brigades all but ensured he'd face a difficult fight to win renomination had he sought another term. An August poll showed him taking just 44% in a hypothetical primary matchup, a soft showing for an incumbent. It turned out that his 2018 victory would not only be just his second ever but also his last.

In remarks on Wednesday announcing his departure, Romney noted that he'd be in his mid-80s at the end of a second Senate term and said that "it's time for a new generation of leaders." That new generation likely won't look much like the outgoing senator, though it's possible that a split among extremists could see the GOP nominate a relative pragmatist: In the recent special election primary for Utah's 2nd Congressional District, former state Rep. Becky Edwards took a third of the vote despite saying she'd voted for Joe Biden and opposed the overturning of Roe v. Wade.

At the moment, though, the only Republican in the race is Trent Staggs, mayor of the small community of Riverton. Other candidates, however, are already hovering in the wings, so we're likely to see a crowded primary in 2024.

The Downballot

● What do you do if you're associated with one of the biggest election fraud scandals in recent memory? If you're Republican Mark Harris, you try running for office again! On this week's episode of "The Downballot," we revisit the absolutely wild story of Harris' 2018 campaign for Congress, when one of his consultants orchestrated a conspiracy to illegally collect blank absentee ballots from voters and then had his team fill them out before "casting" them. Bipartisan officials wound up tossing the results of this almost-stolen election, but now Harris is back with a new bid for the House—and he won't shut up about his last race, even blaming Democrats for the debacle.

Co-hosts David Nir and David Beard also discuss a late entrant into the race for North Carolina governor; why Republicans are struggling to recruit in Ohio now that they can't gerrymander their congressional map again; how a Freedom Caucus member has bizarrely emerged as a voice of sanity within the GOP—and why it'll likely doom him; Mitt Romney's retirement in Utah; and proposed maps that our Daily Kos Elections colleague Stephen Wolf submitted to the federal court in Alabama that's about to impose new congressional districts.

Subscribe to "The Downballot" on Apple Podcasts to make sure you never miss a show—new episodes every Thursday! You'll find a transcript of this week's episode right here by noon Eastern time.

Senate

● MI-Sen: Wealthy businessman John Tuttle, who's the vice chair of the New York Stock Exchange, has declared that he won't run for the GOP nomination next year. Tuttle's announcement leaves former Rep. Mike Rogers as the only major candidate in the primary so far, though some other big GOP names are still considering the open seat contest.

● WI-Sen: Trempealeau County Board Supervisor Stacey Klein has filed paperwork to run as a Republican and said she would officially kick off her campaign on Saturday. Klein, who first won her board seat in April 2022, hails from a county that is home to less than 1% of Wisconsin's population, but her entry nonetheless makes her the most prominent GOP candidate so far in a longtime swing state where Republicans have struggled to land a major candidate to take on Democratic Sen. Tammy Baldwin.

Governors

● DE-Gov: Term-limited Gov. John Carney has endorsed Lt. Gov. Bethany Hall-Long just one day after his fellow Democrat announced she was running to succeed him next year. Both Democrats are currently serving their second terms (governors and lieutenant governors are elected separately in Delaware), and Hall-Long faces a primary against New Castle County Executive Matt Meyer, whose county contains 58% of the state's population.

● IN-Gov: The far-right Club for Growth has endorsed Republican Sen. Mike Braun in his primary to succeed term-limited Gov. Eric Holcomb. Braun, who previously won the Club's endorsement during his competitive initial primary for Senate in 2018, faces a crowded GOP field for governor that includes Lt. Gov. Susanne Crouch, former state Commerce Secretary Brad Chambers, former Indiana Economic Development Corporation president Eric Doden, and former state Attorney General Curtis Hill.

House

● AR-03: Republican Rep. Steve Womack announced that he'll seek another term representing his safely red seat in northwestern Arkansas, which he first won in 2010. Although Womack himself is solidly conservative, he had nonetheless recognized Joe Biden's 2020 victory and had previously told the Washington Post that he had been considering retirement due to dissatisfaction with GOP leadership caving to far-right hardliners, though he's never had any trouble winning renomination before.

● OH-13: Former state GOP chairwoman Jane Timken, who unsuccessfully competed in her party's 2022 primary for Senate, announced Wednesday that she wouldn't run for the 13th District next year. Timken's decision comes just a week after the state Supreme Court granted a request by plaintiffs to dismiss their legal challenges against the GOP's current gerrymander, which ensured that Republicans won't get a chance to draw an even more extreme map for 2024 that could have targeted freshman Democratic Rep. Emilia Sykes in this 51-48 Biden seat in Akron.

Ballot Measures

● OH Ballot: Ohioans United for Reproductive Rights, which is supporting November's ballot initiative that would enshrine reproductive rights in the state constitution, has launched their first TV ad buy for $687,000 over the next week. The new spot argues that the government shouldn't be making difficult reproductive healthcare choices for Ohioans and that voting yes on Issue 1 would "end Ohio's extreme abortion ban," which has "no exceptions for rape or incest." It also emphasizes that the amendment would protect access to birth control and emergency care for miscarriages.

Legislatures

● NY State Assembly: Democrat Sam Berger won Tuesday's special election to fill a Democratic-held seat in Queens by a 55-45 spread against Republican David Hirsch. This district contains large Asian American and Orthodox Jewish populations, two demographics that Democrats have lost some ground with in recent years in New York City, and some had feared that Republican Lee Zeldin's 56-44 win over Democratic Gov. Kathy Hochul here last year was a warning sign of things to come.

However, Berger enjoyed a large fundraising advantage and nearly matched Joe Biden's 56-43 victory in the district. Assembly Democrats will retain a 102-48 supermajority once he's sworn in, which will make the 25-year-older Berger the chamber's youngest member.

Morning Digest: After a Democrat won in Alaska, Republicans want to kill ranked-choice voting

Posted on September 8, 2023 by Daily Kos Elections

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

Subscribe to The Downballot, our weekly podcast

Embedded Content

Leading Off

● AK Ballot: Alaska voters made history in 2020 when they made their state the first in the nation to adopt a top-four primary with a ranked-choice general election, but conservatives tell the Alaska Beacon's James Brooks that they're close to qualifying a measure to repeal the system that would go before voters next year.

The campaign has until the start of the January legislative session to turn in about 27,000 valid signatures, a figure that represents 10% of the total number of votes that were cast in the most recent general election, and it must also hit certain targets in three-quarters of Alaska's 40 state House districts. One leader says that organizers have already gathered 30,000 petitions so far but will analyze them later to see if more are needed.

Under the current top-four system, all the candidates run on one primary ballot, and the four contenders with the most votes—regardless of party—advance to an instant-runoff general election. This method was first used last year in the special election to succeed the late GOP Rep. Don Young as Alaska's lone House member, a contest that ultimately saw Democrat Mary Peltola defeat former Republican Gov. Sarah Palin 51-49.

Conservatives both in Alaska and across the country were furious because Palin and another Republican, Nick Begich, outpaced Peltola by a combined 59-40 in the first round of tabulations. They blamed their surprise loss on instant-runoff voting rather than Palin's many failings or the Democrat's strengths.

"60% of Alaska voters voted for a Republican," griped Arkansas Sen. Tom Cotton, "but thanks to a convoluted process and ballot exhaustion—which disenfranchises voters—a Democrat 'won.'" But even without ranked-choice voting, Peltola still would have come in first, as she beat Palin 40-31. And since Begich took third with 28%, he may well still have lost a traditional primary to Palin had one been used.

Furthermore, a poll conducted right after the special by supporters of ranked-choice voting showed that Alaskans saw their new voting system as anything but "convoluted." Instead, 85% of respondents found it to be "simple," while 62% said they supported the new method.

Hard-right groups, though, soon had even more reasons to hate the new status quo. Thanks to the top-four system, Sen. Lisa Murkowski, a rare Republican who's crossed party lines on high-profile votes, would no longer face what would almost certainly have been a tough GOP primary against Donald Trump's preferred candidate, former state cabinet official Kelly Tshibaka. (Murkowski famously lost her 2010 primary to a far-right foe but won the general through a write-in effort.)

Instead, Murkowski and Tshibaka easily advanced to the general election with Democrat Pat Chesbro and a little-known third Republican. Murkowski led Tshibaka 43.4-42.6 in the first round of general election tabulations, but the 10% of voters who supported Chesbro overwhelmingly broke for the incumbent and helped lift her to a 54-46 victory. Peltola also won her rematch with Palin 55-45 after initially leading her 49-26; unsurprisingly, both Palin and Tshibaka ardently back the effort to end the top-four system.

Redistricting

● OH Redistricting: Ohio's congressional districts will remain unchanged in 2024 after the state Supreme Court granted a request by plaintiffs to dismiss two legal challenges to the map, which the court ruled violated the state constitution as an impermissible partisan gerrymander last year.

Despite that ruling, however, challengers faced steep odds of a favorable outcome after hard-right Republicans won a majority on the court in November. But by abandoning their cases, voting rights advocates will ensure that Republicans cannot draw an even more aggressive gerrymander for 2024, since Ohio's constitution requires that the current map remain in place through next year's elections.

Republicans would still get a chance to draw a new map after 2024 under the current law, though, which is why reformers are instead focusing their efforts on qualifying an amendment for next year's ballot that would establish an independent redistricting commission to draw new maps.

This week, organizers submitted new ballot summary language after Republican Attorney General Dave Yost rejected their first attempt, mostly making technical changes in response to his complaints. Once they get the green light, activists will be able to start collecting the 413,000 signatures they need to put their measure before voters in 2024.

Senate

● CA-Sen: UC Berkeley has released two versions of its survey of the March top-two primary: One that includes a scenario where former Major League Baseball player Steve Garvey campaigns as a Republican, and one where he doesn't run. First is the Garvey version:

Rep. Adam Schiff (D): 20
Rep. Katie Porter (D): 17
Rep. Barbara Lee (D): 7
former Major League Baseball player Steve Garvey (R): 7
perennial candidate James Bradley (R): 7
2022 attorney general candidate Eric Early (R): 5
tech executive Lexi Reese (D): 1
Others: 4
Undecided: 32

Next up is the one without Garvey, though the two leading candidates don't see their numbers budge at all:

Schiff (D): 20
Porter (D): 17
Bradley (R): 10
Lee (D): 7
Early (R): 7
Reese (D): 1
Others: 4
Undecided: 34

This is the first poll we've seen that includes Reese, who announced in late June, though UC Berkeley's release misspells her first name as "Lexie." A strategist for Garvey, meanwhile, told Politico in early June that "[w]e should have a decision made here in the next few weeks," but we're still waiting on him three months later.

● FL-Sen: EMILY's List has endorsed former Rep. Debbie Mucarsel-Powell, who is the Democratic frontrunner in the primary to face GOP incumbent Rick Scott.

Governors

● IN-Gov: Former state Commerce Secretary Brad Chambers has made it clear he'll be doing a substantial amount of self-funding in his quest for the GOP nod by throwing down $5 million of his own money. Chambers also began airing TV ads this week far ahead of the May primary: His opening spot, which Politico says has seven figures behind it, goes biographical by touting the candidate's local roots and his supposed status as a political "outsider." Eric Doden, another wealthy former state cabinet official, began running his own spots a month ago.

Former state education superintendent Jennifer McCormick, meanwhile, has publicized a mid-August internal Public Policy Polling that tests the Democrat against the other three notable Republican contenders:

36-36 vs. former Attorney General Curtis Hill
35-39 vs. Lt. Gov. Suzanne Crouch
35-46 vs. Sen. Mike Braun

The release argues that, while McCormick trails two of her would-be GOP foes, opposition to Indiana's near-total abortion ban and unhappiness with the direction of the state could give her an opening.

● WA-Gov: The Seattle Times' Jim Brunner says that Attorney General Bob Ferguson will announce Saturday that he's running for governor, a move that comes four months after he said he was forming an exploratory committee to succeed his fellow Democrat, retiring incumbent Jay Inslee. As Brunner has noted before, Evergreen State law doesn't actually distinguish between exploratory committees and full-fledged campaigns.

House

● CA-49: Margarita Wilkinson, who works as an executive at the TV broadcaster Entravision, on Thursday became the latest Republican to join the top-two primary to go up against Democratic Rep. Mike Levin. The GOP field already consisted of businesswoman Sheryl Adams, 2022 state Senate candidate Matt Gunderson, and Marine veteran Kate Monroe. Joe Biden carried this seat, which includes coastal communities north of San Diego, 55-43.

● IN-03: Construction project manager Grant Bucher, who the Indiana Capitol Chronicle says is running the $26 million project to build a new Steuben County judicial center, said this week that he was joining the GOP primary for this safely red seat. Reporter Casey Smith adds that the new candidate grew up in this northeast Indiana seat, which Republican Jim Banks is giving up to run for the Senate, but that Bucher only recently returned from Michigan.

● MI-03: Republican Paul Hudson, an attorney who took fourth place last year for the state Supreme Court (where the top-two finishers were elected), declared Thursday that he'd challenge freshman Democratic Rep. Hillary Scholten. Joe Biden carried this constituency 53-45 two years before Scholten beat far-right Republican John Gibbs 55-42, a win that made her the first Democrat to represent a Grand Rapids-based seat in the House since the mid-1970s.

Hudson, however, did not have such a great 2022 even though the state GOP picked him and incumbent Brian Zahra to be its candidates in the officially nonpartisan statewide contest for two seats on Michigan's highest court. Democratic Justice Richard Bernstein and Zahra won those two seats respectively with 34% and 24%, while Democrat Kyra Harris Bolden was just behind with 22%. (Gov. Gretchen Whitmer weeks later appointed Bolden to the body after fellow Democrat Bridget Mary McCormack stepped down.) Hudson, for his part, languished in fourth place with just 13%.

● MI-10: Former Macomb County Judge Carl Marlinga announced Thursday that he would seek the Democratic nomination for a rematch against freshman Republican Rep. John James, who beat him by a surprisingly narrow 49-48 last year. Marlinga launched his campaign by publicizing a primary internal from Public Policy Polling that showed him leading Tiffany Tilley, a state Board of Education member whom we hadn't previously heard mentioned as a possible candidate, 31-5.

Two people who are running, gun safety activist Emily Busch and financial advisor Diane Young, take 3% each, as does physician Anil Kumar. The Detroit News says that Kumar, who unsuccessfully ran for the House twice before winning his 2018 statewide race for the Wayne State University Board of Governors, has formed an exploratory committee, and his team says he'll decide by early next month. The paper also identifies former Macomb County Health Department head Rhonda Powell, who lost last year's primary to Marlinga 48-17 and secures 2% in his poll, as a possible contender.

Marlinga has had a long career in Macomb County politics going back to 1984, when he was elected to the first of what would be five terms as county prosecutor, but he's experienced some major setbacks over the decades. Marlinga competed in the 1994 primary for Michigan's open U.S. Senate seat and took last place in the six-way primary with just 8% of the vote, though he convincingly won re-election two years later. He was still serving as prosecutor in 2002 when he challenged Republican Rep. Candice Miller in an earlier and more conservative version of the 10th District, a campaign the Democrat lost 63-36.

Marlinga was indicted two years later for allegedly helping a convicted rapist earn a new trial in exchange for contributions for that congressional campaign, and he stepped down as county prosecutor afterward. A jury, though, acquitted him in 2006, and Marlinga sought to return to public office soon after. After narrowly losing a 2010 primary for the state Senate, Marlinga was decisively elected to a local judgeship in 2012; it was during that campaign that he filled out a questionnaire saying the two U.S. Supreme Court justices he most identified with were anti-abortion hardliners Antonin Scalia and Clarence Thomas, a response that surfaced again a decade later.

Marlinga decided to run for the House again last year after Michigan's independent redistricting commission last cycle created a suburban Detroit seat that would have favored Donald Trump just 50-49, and Democratic Rep. Andy Levin's ill-fated decision to run against colleague Haley Stevens in the 11th District meant that there would be no incumbent here. Marlinga, who argued he'd selected the two conservative justices because he's "always been a strict constitutionalist" but backed abortion rights, decisively won the primary but was in for a difficult general election.

James, who had waged competitive Senate races during the previous two cycles, massively outspent Marlinga $6.1 million to $1 million, and conservative outside groups deployed another $2.4 million as the other side directed their resources elsewhere. Michigan Democrats, though, enjoyed a strong year, and Marlinga came close to pulling off what would have been a truly shocking upset. The former judge, who went on to lead Attorney General Dana Nessel's Elder Abuse Task Force, emphasized James' opposition to abortion rights in his kickoff and argued that this time he'd have the resources to win.

● NJ-07: Greg Vartan, who serves as city council president for the community of Summit (pop. 22,000), tells the New Jersey Globe he's considering joining the Democratic primary to take on GOP Rep. Tom Kean Jr. It may be a few months before he decides, though, as Vartan said he was currently focused on "electing great leaders" in the Nov. 7 local elections.

● TX-18: Isaiah Martin, who is a consultant in the aerospace industry, announced Wednesday that he was seeking the safely blue seat currently held by Rep. Sheila Jackson Lee, a fellow Democrat who is competing in this year's race for mayor of Houston. The incumbent has not said if she'd seek reelection should she lose her current race.

Martin, a 25-year-old who says he wants to be Congress' "next Gen-Z member," is a former Jackson Lee intern, and the Houston Chronicle says he's been aiding her current campaign. The field to succeed the incumbent already includes former Houston City Councilwoman Amanda Edwards, who has said she'll run no matter what Jackson Lee does; Martin, for his part, does not appear to have directly addressed what he'd do should the congresswoman seek reelection.

Mayors and County Leaders

● Baltimore, MD Mayor: Former Mayor Sheila Dixon announced Thursday that she would seek a Democratic primary rematch next May against incumbent Brandon Scott, who beat her 30-27 in the 2020 nomination contest to lead this dark blue city. Dixon, as we recently wrote, resigned in 2010 after she was convicted of stealing gift cards that were supposed to help needy families, but she's still enjoyed a loyal base of support from voters who remember her tenure as a time when the city's high murder rate dropped.

Dixon, who also came close to winning in 2016, kicked off her third comeback effort with an op-ed in the Baltimore Sun touting her accomplishments more than a decade ago and addressing the scandal that ended her career. "I let matters of the heart lead me astray once before," she wrote, "and for that, and the pain that it caused to my beloved Baltimore, I am truly sorry. I hope the people realize that my love for the future of Baltimore outweighs the mistakes of my past."

● Miami-Dade County, FL Mayor: Democratic incumbent Daniella Levine Cava has publicized an internal from MDW arguing that she's favored in next year's nonpartisan race even if her Republican predecessor, Rep. Carlos Giménez, tries to retake his old job. The firm finds Levine Cava leading Giménez 55-19 in the nonpartisan primary, with another 8% going to conservative YouTuber Alex Otaola. (Candidates can avoid a second round by winning a majority in the summer primary.) The sample favored Joe Biden 51-39 over Donald Trump; Biden carried the county 53-46 in 2020.

Morning Digest: Three new GOP hopefuls for New Hampshire governor are bound by one unfortunate thing

Posted on July 20, 2023 by Daily Kos Elections

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

Subscribe to The Downballot, our weekly podcast

Embedded Content

Leading Off

● NH-Gov: Republican Gov. Chris Sununu confirmed Wednesday that he would not seek a fifth two-year term as New Hampshire's chief executive next year, a long-expected announcement that nonetheless instantly turns this race into one of the cycle's top battlegrounds.

Sununu, whose first victory in a tight 2016 race ended 12 years of Democratic control, went on to decisively win his next three campaigns. His departure gives Granite State Democrats their best chance in years to take back this post in a light blue state that hasn't backed a Republican for president since 2000.

Multiple Republican replacements, all of whom showed interest during Sununu's months-long deliberations, immediately started surfacing, but they all share one regrettable thing in common: each of them lost their last race for public office.

Former state Senate President Chuck Morse, who served as acting governor for two days in 2017, immediately confirmed he was in, but party leaders may not be excited to have him as their standard-bearer following his 2022 campaign for the U.S. Senate."Morse, who even a supporter characterized as someone who "is not flashy, and does not have charisma," struggled in the primary against retired Army Brig. Gen. Donald Bolduc, a Big Lie conspiracy theorist who'd called Sununu a "Chinese communist sympathizer" with a family business that "supports terrorism."

Sununu, unsurprisingly, sided with Morse in the race to take on Democratic Sen. Maggie Hassan, while Senate Minority Leader Mitch McConnell's allies also spent a hefty $4.6 million on an ad campaign to promote Morse and attack Bolduc as a surefire loser with "crazy ideas." Democrats, though, retaliated with an expensive ad campaign of their own tying Morse to lobbyists, a move aimed at weakening him for the general election if they couldn't keep him from the GOP nomination. But Democrats got exactly what they wanted in the primary: Bolduc edged out Morse 37-36 two months before losing to Hassan in a 54-44 rout.

Morse is once again likely to be in for a tough primary. Former Sen. Kelly Ayotte, who Hassan unseated in a 2016 squeaker even as Sununu was flipping the governor's office, put out a statement saying she "look[s] forward to announcing some big news in the coming days." State education commissioner Frank Edelblut, a self-funder who lost a close primary to Sununu seven years ago, also said Wednesday he'd reveal in the next few days if he'd run to succeed his boss.

A pair of prominent Democrats, meanwhile, had already announced campaigns even before Sununu confirmed he wouldn't be on the ballot. Cinde Warmington, who is the only Democrat on the state's unique five-member Executive Council, launched her bid in June while Manchester Mayor Joyce Craig joined her last week. No other notable Democrats have shown any obvious interest in running, though Rep. Chris Pappas didn't quite rule out his own campaign back in April.

The Downballot

● Latinos have played an increasingly crucial role in our elections, but Democrats' understanding of these voters has often lagged. This week's guest on "The Downballot" is Carlos Odio, the co-founder of EquisLabs, an organization devoted to rectifying this problem. Odio helps us move away from viewing Latino voters as a monolith and offers a helpful framework for getting to know different subsets of this diverse group. He discusses key findings of Equis' 2022 post-mortem, including why Florida went so wrong and how Democrats can make a course correction. He also explains how Latino voter identity can wind up getting dialed up or down depending on the broader election environment.

Host David Nir and guest host Joe Sudbay, meanwhile, dive into Chris Sununu's retirement announcement and why it instantly makes New Hampshire's race for governor a top Democratic target; the Republican shenanigans in Alabama, where lawmakers seem dead-set on ignoring a court order to draw two majority-Black congressional districts or something close to it; why Democrats will take a new effort to recall several Michigan state representative seriously even if the state GOP is a clown-show; and yet another special election in Wisconsin where Republicans badly underperformed the top of the ticket.

Subscribe to "The Downballot" on Apple Podcasts to make sure you never miss a show—new episodes every Thursday! You'll find a transcript of this week's episode right here by noon Eastern time.

Redistricting

● AL Redistricting: Each chamber in Alabama's Republican-run legislature passed a new congressional map on Wednesday, but neither complies with a court directive to include "two districts in which Black voters either comprise a voting-age majority or something quite close to it." Both plans retain a Black majority in the state's 7th District, but the new 2nd District falls well below that mark in each case: In the House version, just 42% of voters are Black, while in the Senate's, only 38% are. Lawmakers face a Friday deadline to enact a new map. If they fail to do so, or if their final product does not comply with the Voting Rights Act, a federal court will likely impose its own map.

Senate

● OH-Sen: Leadership for Ohio Fund, a super PAC that supports Secretary of State Frank LaRose, has released a late June GOP primary survey from Causeway Solutions that shows him leading state Sen. Matt Dolan 28-10, with businessman Bernie Moreno at 5%. This poll, which was taken weeks before LaRose announced his bid against Democratic incumbent Sherrod Brown, isn't too different from the 24-11 advantage that Causeway showed in May.

Dolan, for his part, is continuing to air TV ads far ahead of the primary, and the self-funder's latest message features two sheriffs praising him as "tough on illegal immigration."

Governors

● IN-Gov: Campaign finance reports are in for the first six months of 2023, though as the Indiana Capitol Chronicle notes, candidates were forbidden from raising money during most of these first four months because the legislature was in session.

Sen. Mike Braun (R): $2.2 million raised, $4.6 million cash on hand
former state cabinet official Eric Doden (R): $1.8 million raised, $3.8 million cash on hand
Lt. Gov. Suzanne Crouch (R): $1.1 million raised, $3.9 million cash on hand
former state education superintendent Jennifer McCormick (D): $200,000 raised, $200,000 cash on hand

The Chronicle notes that about a third of Doden's haul came from his father.

Another Republican, former Attorney General Curtis Hill, launched his bid this month after the fundraising period ended. Hill, who lost renomination in 2020 after multiple women accused him of sexual assault, began with $20,000 left over from his prior campaigns.

House

● DE-AL, DE-Sen, DE-Gov: State Treasurer Colleen Davis announced Wednesday that she'd campaign for the statewide House seat that her fellow Democrat, Rep. Lisa Blunt Rochester, is giving up to run for the Senate. Davis, who had also previously expressed interest in running for the Senate or governor, will face an expensive primary against state Sen. Sarah McBride, who would be the first openly trans person to ever serve in Congress: McBride launched her campaign June 26 and quickly raised $410,000 during the final five days of the quarter.

Davis, writes the Delaware Online' Meredith Newman, was "largely unknown in Delaware" before she entered the 2018 race to unseat Treasurer Ken Simpler, who was the last Republican in statewide office. But Davis, who had no intra-party opposition, rode the blue wave to a 52-46 victory, a win Newman says made her the rare statewide Democrat to hail from conservative Sussex County. The treasurer went on to win her second term 54-46 last year.

● MD-06: Former Frederick County Executive Jan Gardner tells the Frederick Post she's considering seeking the Democratic nod for this open seat, and the paper characterizes her timeframe as "fairly soon." Inside Elections' Jacob Rubashkin noted in mid-May that Gardner is a proven vote-getter in a community that's home to about 35% of the 6th District's denizens, which could make her a formidable contender in a race where most of the other candidates are likely to hail from Montgomery County.

● MI-04: Attorney Jessica Swartz on Wednesday became the first notable Democrat to announce a campaign to unseat Republican Rep. Bill Huizenga in Michigan's 4th District, a historically red constituency around Kalamazoo that Donald Trump would have taken by a small 51-47 margin in 2020. Swartz, though, said that Democratic Gov. Gretchen Whitmer carried it last year, and new numbers from Daily Kos Elections find the governor did indeed prevail by a tight 50-49 as she was pulling off a 54-44 statewide landslide.

The Democrat is a first-time candidate, though she's not quite a political novice. Swartz previously volunteered for Voters Not Politicians, a nonpartisan organization that successfully promoted a 2018 referendum to create Michigan's independent redistricting commission. That body ended up drawing a map for the 2022 elections that led Huizenga, who'd previously represented the reliably red 2nd District along the western Michigan coast, to run for the more competitive 4th even though he only represented about a quarter of the new seat.

For months it looked like there would be an incumbent vs. incumbent primary clash between the Trump-backed Huizenga and longtime Rep. Fred Upton, who'd voted to impeach the GOP's leader after the Jan. 6 attack, but Upton ended up retiring ahead of what would have been a challenging race. Swartz, in an interview with the Holland Sentinel, argued the district needed someone more like Upton, whom she praised for working across party lines and providing for his constituents, than the hard-right Huizenga.

Huizenga, who won his last race 54-42 against an underfunded Democrat, finished June with $630,000 in the bank, though it's possible he won't use it on this contest. The congressman has expressed interest a few times this year in running for Michigan's open Senate seat, with his most recent public comments coming from a May interview with the conservative site The Dispatch. Huizenga acknowledged the state presents a "tough environment" for his party, but while he said he was "hoping to have a decision probably this quarter," June 30 came and went without any word about his plans.

● NY-17: Former Rep. Mondaire Jones has released an internal from Public Policy Polling giving him a wide 43-8 edge over local school board trustee Liz Gereghty in the Democratic primary to face freshman GOP incumbent Mike Lawler. This survey, which was conducted about a week after Jones launched his comeback campaign, is the first we've seen of this nomination contest. The poll did not test former Bedford Town Supervisor MaryAnn Carr, who did not report raising any money through June 30.

● RI-01: State Sen. Sandra Cano has earned the backing of the state affiliate of the National Education Association ahead of the crowded Sept. 5 special Democratic primary.

Legislatures

● PA State House: Democratic state Rep. Sara Innamorato, who won the May primary for Allegheny County executive, announced Wednesday that she'd resigned to focus on the November general election, and the chamber will be tied 101-101 until the already-scheduled Sept. 19 special election takes place. Innamorato's absence may not matter much, though, because state representatives aren't scheduled to return until Sept. 26. Her seat in the Pittsburgh area supported Joe Biden 61-38 in 2020.

If the lower house does reconvene early, however, Democrats, who won 102 of the 203 seats in November and defended their edge in a series of special elections this year, will still remain the majority party in the deadlocked body thanks to a rule they adopted in March. The majority is now defined as the party that "won the greater number of elections for the 203 seats in the House of Representatives" in the most recent general election, and should a vacancy open up, "the political party that won that seat at the last election shall remain the party that won that seat until any subsequent special election is held to fill that seat." Control would still shift, though, if the other side flipped enough seats before the next general election.

It's unlikely that will happen in the race to replace Innamorato, but Democrats will have a more competitive seat to defend later. State Rep. John Galloway won both the Democratic and Republican nominations for a judgeship in Bucks County, and once he resigns to take his new job, there will be a special for his 55-44 Biden constituency in the Philadelphia suburbs. Galloway told Spotlight PA Wednesday that he wouldn't be leaving his current office until he's officially elected in November.

● WI State Assembly: Republicans won a special election for a dark-red seat in the Wisconsin legislature Tuesday night, but once again, their candidate badly underperformed compared to other recent elections in the same district.

Republican Paul Melotik beat Democrat Bob Tatterson 54-46 in the 24th Assembly District, which became vacant after Republican Dan Knodl won a closely contested special for the state Senate earlier this year. The 24th is traditionally conservative turf in the northern Milwaukee suburbs: It voted for Donald Trump by a 57-41 margin in 2020 and backed Knodl for reelection 61-39 last year. But judged against Trump's share of the vote, Melotik ran 9 points behind, accounting for rounding. Knodl (whose new Senate district includes all of his old Assembly district) had likewise trailed the top of the ticket in his own special election by 3 points, prevailing by a narrow 51-49 spread.

Overall, Democratic candidates in special elections this year have outperformed the 2020 presidential numbers in their districts by an average of 7 points. Research by Daily Kos Elections contributing editor Daniel Donner has shown that these elections often correlate closely with the results of the ensuing general elections for the U.S. House.

Morning Digest: Democrats and Republicans unite to elect an independent as speaker … in Pennsylvania

Posted on January 4, 2023 by Daily Kos Elections

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

Subscribe to The Downballot, our weekly podcast

Embedded Content

Leading Off

● PA State House: In a pair of true surprises, moderate Democrat Mark Rozzi was elected speaker of the Pennsylvania state House Tuesday just before he announced that he’d lead the chamber as an independent.

Rozzi, who will be the first non-aligned speaker in the history of the body, defeated Republican state Rep. Carl Metzgar 115-85 after Democratic leader Joanna McClinton threw her support behind him rather than submit her own name. Following that endorsement, the entire Democratic caucus supported Rozzi, while 16 Republicans crossed over to back him. Rozzi’s win comes after two months of uncertainty about which party would lead the chamber, though few observers guessed that the answer would be neither.

Democrats, including Rozzi, won 102 of the 203 seats in the House on Nov. 8, which appeared to set them up for their first majority since the 2010 GOP wave. However, Democrats could only claim 99 members because state Rep. Tony DeLuca was re-elected a month after he died, while fellow Pittsburgh-area Democrats Summer Lee and Austin Davis resigned weeks later to prepare to assume their new roles as congresswoman and lieutenant governor, respectively. Republicans therefore began Tuesday with a 101 to 99 advantage, but no one knew if that would be enough for the party to elect a speaker.

Indeed, a deadlock appeared certain after one Republican joined the Democratic caucus in voting to adjourn during the middle of the day―a tied vote that failed because the remaining 100 Republicans were opposed. Unexpectedly, though, multiple Republicans and Democrats soon nominated Rozzi, whose name hadn’t previously been seriously mentioned. Rozzi prevailed with the support of all of the Democrats and a minority of Republicans, including Bryan Cutler, who had been speaker going into November’s elections.

So, what happens next? First, there will almost certainly be a vacant GOP-held seat before long, as state Rep. Lynda Schlegel Culver is the favorite to win the Jan. 31 special election for a dark red state Senate district. Culver’s 108th House District supported Donald Trump 65-33 in 2020, but her absence could deny her party a crucial vote in the closely divided lower chamber until a special election could take place. PennLive.com says such a race likely wouldn’t take place before May 16, which is the same date as Pennsylvania's regular statewide primary.

As for the three vacant Democratic constituencies, both parties agree that a Feb. 7 special will go forward in DeLuca’s HD-32, which went for Joe Biden 62-36. In Pennsylvania special elections, the parties, rather than voters, choose nominees: Democrats have selected local party official Joe McAndrew, while Republicans are fielding pastor Clay Walker.

There’s no agreement, however, about when the contests for Lee’s and Davis’ constituencies will take place. That’s because legislative special elections are scheduled by the leader of the chamber with the vacant seat, but there was no speaker between late November, when the last session ended, and Tuesday. That duty, as a result, fell to the majority leader, and both McClinton and Cutler claimed that title in December, issuing dueling writs of election: McClinton set these two specials to also take place on Feb. 7, while Cutler picked May 16.

Cutler filed a lawsuit to block McClinton’s schedule, but the Pennsylvania Department of State is going forward with February specials right now. There’s no question that Democrats will hold Lee’s HD-34, which Biden took 80-19, but the president pulled off a smaller 58-41 win in Davis’ HD-35.

Democrats in the former district have picked Swissvale Borough Council President Abigail Salisbury, who will go up against kickboxing instructor Robert Pagane. The Democratic nominee to succeed Davis is Matt Gergely, who serves as finance director for the community of McKeesport. Local Republicans are running Don Nevills, who lost to Davis 66-34 in November; Nevills himself has said in his social media posts that the special will be Feb. 7.

P.S. Rozzi’s win makes this the second time in the 21st century that Pennsylvania Democrats successfully maneuvered to stop Republicans from taking the speakership. In 2006, Democrats likewise won a 102-101 majority, but one of their members, Thomas Caltagirone, soon announced he’d cross party lines to keep Republican John Perzel on as speaker instead of electing Democrat Bill DeWeese. DeWeese, who was speaker in 1994 when Democrats last controlled the chamber, ended up nominating Republican Dennis O'Brien rather than put his name forward; O’Brien ultimately won 105-97.

Democrats secured a workable majority the following year, and Keith McCall became the party’s first, and to date only, speaker since DeWeese. In a strange twist, DeWeese and Perzel went on to become cellmates after being convicted in separate corruption cases. Incidentally, one House Democrat heavily involved in the plan to make O'Brien speaker was Josh Shapiro, now the governor-elect of Pennsylvania.

Senate

● AZ-Sen: Doug Ducey, whose tenure as governor ended on Monday, said before Christmas he was "not running for the United States Senate" and that "it's not something I'm considering." And just like two years ago, Ducey's fellow Republicans are not taking this seemingly unequivocal statement as final: Utah Sen. Mitt Romney, who is another Republican on Donald Trump's shit list, instead told The Hill, "I hope that he'll get in."

Former state Board of Regents member Karrin Taylor Robson, who narrowly lost last year's primary to succeed Ducey, may be more interested in campaigning for the Senate seat held by Democrat-turned-independent Kyrsten Sinema. Vox's Christian Paz writes that Taylor Robson "told me she is not ruling out running for statewide office again," though it's not clear if the former regent said anything about the Senate in particular.

On the Democratic side, Rep. Ruben Gallego released late-December numbers from Public Policy Polling showing a tight race whether or not Sinema runs. The survey found Republican Kari Lake, who continues to deny her loss to now-Gov. Katie Hobbs, edging out Gallego 41-40, with Sinema grabbing 13%. When the incumbent is left out, however, it's Gallego who leads Lake 48-47. The congressman has made it clear he's likely to run, while NBC reported last month that Lake is trying to recruit Pinal County Sheriff Mark Lamb rather than campaign herself.

The poll was conducted days before The Daily Beast's Sam Brodey reported that Sinema's office had a 37-page guide for staffers that includes tasks that "appear to go right up to the line of what Senate ethics rules allow, if not over." Among other things, Brodey writes that Sinema requires her subordinates perform personal tasks for her, including arranging massages and buying groceries on their own dime, which she later reimburses them for.

The Senate's ethics handbook, though, specifies that "staff are compensated for the purpose of assisting Senators in their official legislative and representational duties, and not for the purpose of performing personal or other non-official activities for themselves or on behalf of others." Sinema's spokesperson told Brodey that "the alleged information—sourced from anonymous quotes and a purported document I can't verify—is not in line with official guidance from Sen. Sinema's office and does not represent official policies of Sen. Sinema's office."

● IN-Sen, IN-Gov: Bellwether Research released mid-December numbers before Christmas for the 2024 GOP primaries for the Senate and governor: The firm previously worked for former Gov. Mitch Daniels, who is a prospective Senate candidate, but a Daniels consultant tells Politico's Adam Wren that this survey was done without his knowledge.

The firm tested out hypothetical Senate scenarios with and without Daniels, who just completed his tenure as president of Purdue University. We'll start with the former matchup:

former Purdue University President Mitch Daniels: 32

Rep. Jim Banks: 10

former Rep. Trey Hollingsworth: 9

Rep. Victoria Spartz: 7

Attorney General Todd Rokita: 7

Someone Else: 6

In the Daniels-free scenario, Rokita leads Banks 16-14 as Spartz and Hollingsworth grab 12% and 11%, respectively.

Spartz herself quickly publicized her own numbers from Response:AI that put Daniels in front with 35% as she and Banks deadlocked 14-14 for second. That survey placed Hollingsworth at 6% while two people who were not tested by Bellwether, 2022 House nominee Jennifer-Ruth Green and disgraced former Attorney General Curtis Hill, took 4% and 2%. Wren recently named Hill, whom we hadn't heard mentioned for Senate, as a possible candidate, though there's been no sign yet that he's thinking about campaigning.

None of the other Republicans tested in either poll are currently running for the Senate either, and Daniels' ultimate decision may deter some of them from getting in. Indeed, an unnamed person close to Spartz told Politico that she may decide not to go up against the former governor: The congresswoman, writes Wren, "declined to comment on that question, but told POLITICO she is seeking a meeting with Daniels before making her decision."

A Banks ally, though, insists his man "won't make his decision based on what others do and I think the poll numbers released by Daniels and Spartz will only embolden him to run."

Bellwether also posted numbers for the GOP race to succeed termed-out Gov. Eric Holcomb:

Sen. Mike Braun: 25

Attorney General Todd Rokita: 9

Lt. Gov. Suzanne Crouch: 7

former Rep. Trey Hollingsworth: 6

Businessman Eric Doden: 3

Someone Else: 9

Braun, Crouch, and Doden are currently running.

Governors

● KY-Gov: State Rep. Savannah Maddox announced days before Christmas that she was dropping out of the packed May Republican primary to face Democratic Gov. Andy Beshear.

An unnamed GOP source soon told the Lexington Herald Leader they believed Maddox's departure means that Papa John's founder John Schnatter "could get in the race, since he's got the resources and with Savannah not in the race it could open up a lane." Schnatter, who resigned as board chairman in 2018 after news broke that he'd used racist language, has not taken any obvious steps toward running ahead of Friday's filing deadline.

Self-funder Kelly Craft, meanwhile, is not waiting until the field fully takes shape to go up with the first TV campaign ad of the contest, which the paper says ran for $114,000 from Dec. 27 to Jan. 3. Craft uses the message to tout her roots growing up on a farm in Barren County in the south-central party of the state, and she goes on to tout how she went on to become ambassador to the United Nations. The ad shows photos of Craft with Donald Trump, who is supporting Attorney General Daniel Cameron for the GOP nod.

● MS-Gov: The Daily Journal reported before Christmas that Secretary of State Michael Watson is indeed considering taking on Gov. Tate Reeves in this August's Republican primary. Watson and other potential contenders have until the Feb. 1 filing deadline to make up their minds, but there's one name we can already cross off. While former state Rep. Robert Foster, who took third in 2019, reportedly was thinking about another campaign over the summer, he announced last week that he'd instead run for a seat on the DeSoto County Board of Supervisors.

● NC-Gov, NC-??: The conservative Washington Examiner relayed in mid-December that former Rep. Mark Walker is considering seeking the Republican nomination for governor or to return to the House after his party crafts a new gerrymander. Walker last cycle campaigned for the Senate even though Donald Trump tried to persuade him to drop down and run for the lower chamber, but he earned just 9% of the primary vote for his stubbornness.

House

● MD-05: Veteran Rep. Steny Hoyer told CNN Sunday that he hadn't ruled out seeking re-election in 2024 even though he's no longer part of the Democratic leadership. "I may. I may," the incumbent said about waging another run.

● MD-08: Democratic Rep. Jamie Raskin said last week that he'd "been diagnosed with Diffuse Large B Cell Lymphoma, which is a serious but curable form of cancer." Raskin added that he was "about to embark on a course of chemo-immunotherapy on an outpatient basis," and that "[p]rognosis for most people in my situation is excellent after four months of treatment." The congressman also said he planned to keep working during this time, and he was present Tuesday for the opening of the 118th Congress.

● NY-03: At this point in the George Santos saga, his entirely fictional life story is almost beside the point: When he's called on any of his lies, he just lies some more—it's pathological. But that same reckless behavior is also why the new Republican congressman-to-be is in serious legal jeopardy, at the local, state, federal, and, amazingly, international levels. And because of that, he's exceedingly unlikely to serve out a full term. So what happens if he resigns?

In short, there would be a special election, but in a break with past practice, we'd immediately know when it would take place—and it would happen quickly. Governors in New York previously had wide latitude over when to call elections to fill vacant posts, both for Congress and state legislature, and disgraced former Gov. Andrew Cuomo notoriously abused this power, frequently delaying specials when it suited him.

But in 2021, as state law expert Quinn Yeargain explains, lawmakers finally passed legislation to correct this problem, which Cuomo signed shortly before resigning. Now, Gov. Kathy Hochul would be required to call a special election within 10 days of Santos' seat becoming vacant, and that election would have to take place 70 to 80 days afterward. This law has already come into play multiple times, including for two congressional special elections that took place last year.

One thing hasn't changed, though: There still would be no primaries. Instead, as per usual, nominations for Democrats and Republicans alike would be decided by small groups of party insiders. The actual election would, however, be hotly contested. While Joe Biden would have carried New York's 3rd District, which is based on the North Shore of Long Island, by a 54-45 margin, according to our calculations, Republican Lee Zeldin almost certainly won it in last year's race for governor. Santos dispatched Democrat Robert Zimmerman 52-44 after Democratic Rep. Tom Suozzi left the seat open to pursue his own unsuccessful gubernatorial bid.

● NY-17: Former Rep. Mondaire Jones told NY1 before Christmas that he was not ruling out seeking the Democratic nomination to take on the new Republican incumbent, Mike Lawler. Jones unsuccessfully decided to run in New York City last year in order to avoid a primary against DCCC Chair Sean Patrick Maloney, who himself went on to lose to Lawler, but he made it clear a future campaign would take place in the area he'd represented. "I've also learned my lesson, and that is home for me is in the Hudson Valley," Jones said.

● VA-04: Jennifer McClellan beat her fellow state senator, conservative Joe Morrissey, in an 85-14 landslide to win the Democratic nomination in the Dec. 19 firehouse primary to succeed the late Rep. Donald McEachin. McClellan should have no trouble defeating Republican nominee Leon Benjamin, who badly lost to McEachin in 2020 and 2022, in the Feb. 21 special election for this 67-32 Biden seat; McClellan's win would make her the first Black woman to represent Virginia in Congress.

● WA-03: Democrats will still have election conspiracy theorist Joe Kent to kick around this cycle, as the 2022 GOP nominee declared before Christmas, "I'm running again in 2024."

● DCCC: House Democratic leader Hakeem Jeffries announced ahead of Christmas that the new DCCC chair would be Rep. Suzan DelBene, who represents a Washington seat that Joe Biden carried 64-33. Jeffries' decision came weeks after House Democrats voted 166-38 to give the caucus' leader the opportunity to select the head of the DCCC rather than have the chair be elected by the full body. The new rule still requires members approve the choice, and they ratified DelBene two days after she was picked.

Attorneys General and Secretaries of State

● AZ-AG: Democrat Kris Mayes' narrow win over election denier Abe Hamadeh was affirmed after a recount concluded last week, and Mayes was sworn in as attorney general on Monday. The Democrat's margin dropped from 511 to 280 votes; most of this difference came from dark red Pinal County, which said it had initially failed to count over 500 ballots because of "human error." Hamadeh characteristically refused to accept his defeat and announced Tuesday he was "filing a 'Motion for New Trial.'"

Judges

● NY Court of Appeals: Democratic Gov. Kathy Hochul nominated Hector LaSalle, an appeals court judge, to fill the vacant post of chief judge on New York's highest court just before the holidays, but her decision was immediately met with fierce resistance by state senators in her own party, 14 of whom have already publicly come out against the choice.

LaSalle, who was named to the Appellate Division by disgraced former Gov. Andrew Cuomo in 2014, has compiled what City & State described as one of the "most conservative" records of any appellate judge in the state. Progressives have raised serious alarms over his hostility toward criminal defendants, labor unions, and especially reproductive rights: A group of law professors have pointed to a 2017 decision LaSalle signed on to that helped shield a network of so-called "crisis pregnancy centers" (which try to dissuade women from getting abortions) from an investigation by the state attorney general.

At stake is more than LaSalle's promotion, though: The seven-member top court, known as the Court of Appeals, has for several years been in the grips of a reactionary four-judge majority that has ruled against victims of police misconduct, workers seeking compensation for injuries on the job, and tenants who'd been overcharged by their landlords. Most notoriously, this quartet—all appointed by Cuomo—struck down new congressional and legislative maps passed by Democratic lawmakers last year on extremely questionable grounds and ordered that a Republican judge in upstate New York redraw them.

Leading this coalition was Chief Judge Janet DiFiore, who unexpectedly announced her resignation last year. That vacancy has given Hochul the chance to reshape the court, but instead she's tapped someone who appears poised to continue DiFiore's legacy. But while judicial confirmations in New York are normally sleepy affairs, a large number of senators—who'd be responsible for voting on LaSalle's nomination—immediately denounced the choice.

That chorus of opposition hit a crucial threshold shortly before the New Year when state Sen. Mike Gianaris, a member of leadership, became the 11th Democrat to say he would vote against LaSalle. With 42 Democrats in the 63-member upper chamber but only 28 still open to Hochul's pick, the governor would now have to rely on the support of Republicans to confirm LaSalle. None, however, have yet come out in favor.

There's no definite timeline for confirmation hearings or a vote on LaSalle's nomination, but if Hochul were to withdraw his name, she'd be able to choose from a list of six other candidates vetted by the state's Commission on Judicial Nomination. A coalition of progressive groups previously endorsed three individuals on that list while calling three others, including LaSalle, "unacceptable" (a seventh option was unrated). If instead LaSalle were voted down by the Senate, the entire process would start over again, with the commission once again reviewing potential candidates.

● WI Supreme Court: Judge Everett Mitchell, a progressive candidate for an open seat on the Wisconsin Supreme Court this spring, was accused by his then-wife of sexual assault during their 2010 divorce proceeding, the Milwaukee Journal-Sentinel's Dan Bice reported on Tuesday. Mitchell was never charged with any wrongdoing and has denied the allegations, while his ex-wife, Merrin Guice Gill said her former spouse "should be evaluated on the work he has done and the work he is doing as a judge" rather than on her past accusations.

However, Guice Gill "declined to say whether she stood by the abuse allegations," telling Bice, "I'm not going to respond to that." During her divorce, Bice writes that she told the court that Mitchell had "undressed her and had sex with her without consent shortly after she took a sleeping pill" in 2007 and also provided documents showing she had informed both her therapist and a police officer about the alleged incident shortly afterwards. The accusations came up when she contacted police about a possible custody dispute involving the couple's daughter, but she declined to press charges, saying that she "was only concerned with her daughter's whereabouts."

Mitchell is one of two liberals seeking a spot on the Supreme Court, along with Judge Janet Protasiewicz. Two conservatives are also running, former Justice Dan Kelly and Judge Jennifer Dorow. All candidates will appear together on an officially nonpartisan primary ballot on Feb. 21, with the top two vote-getters advancing to an April 4 general election. The seat in question is being vacated by conservative Justice Pat Roggensack; should progressives win, they'd take control of the court from the current 4-3 conservative majority.

Legislatures

● AK State House: A judge ruled ahead of Christmas that far-right state Rep. David Eastman's membership in the Oath Keepers does not preclude him from serving in elected office even though the state constitution prevents anyone from holding office who "advocates, or who aids or belongs to any party or association which advocates the overthrow by force or violence of the United States."

Goriune Dudukgian, the attorney representing an Eastman constituent who sued to block him from holding office, said Tuesday his camp would not appeal. No one has formed a majority coalition in the Alaska State House in the almost two months since the election.

● NY State Senate: Democrats learned ahead of Christmas that they'd maintained a two-thirds supermajority in the upper chamber after a judge ruled that incumbent John Mannion had fended off Republican Rebecca Shiroff by 10 votes in his Syracuse-based seat. Shiroff conceded the contest, and Mannion's term began New Year's Day.

● OH State House: While Democrats are deep in the minority in the Ohio state House, the caucus joined with enough GOP members on Tuesday to elect Republican Jason Stephens as speaker over Derek Merrin, who began the day as the heavy favorite to lead the chamber. Cleveland.com's Jeremy Pelzer writes, "Stephens, while conservative, is not considered to be as far to the right as Merrin."

The GOP enjoys a 67-32 majority, so a Merrin speakership appeared likely after he won November's caucus vote against Stephens. Pelzer writes that in the ensuing weeks there were "rumblings since then about some sort of challenge to Merrin," but that "the insurgency to lift him to the speaker's chair only picked up speed starting a few days ago."

Indeed, Minority Leader Allison Russo says Democrats decided just two hours before the vote to cast their lot in with Stephens. Another 22 Republicans joined them, however, which left Merrin with only 43 votes. Russo, whose caucus supplied most of the support for the new speaker, declared that there was "no grand deal," but "there were lots of discussions about things and areas of agreement on issues." She also relays that Merrin spoke to her about getting Democratic support, which very much did not end up happening.

This is the second time in the last few years that the Democratic minority has played a key role in helping a Republican win the gavel over the candidate favored by most of the GOP caucus, though Merrin himself was on the other side of that vote. In 2019, he was one of the 26 Republicans who joined that same number of Democrats in supporting Larry Householder over Speaker Ryan Smith. Unlike four years ago, though, Smith got the backing of 11 Democrats as well as 34 GOP members.

Stephens, for his part, was appointed to the chamber later that year to succeed none other than Smith, who resigned to become president of the University of Rio Grande and Rio Grande Community College. The victorious Householder, though, was removed as speaker in 2020 after being arrested on federal corruption charges; Householder's colleagues expelled him the following year, though Merrin voted to keep him in office.

● WI State Senate: Former state Sen. Randy Hopper ended his brief comeback campaign days after Christmas and endorsed state Rep. Dan Knodl in the Feb. 21 Republican special election primary.

Mayors and County Leaders

● Chicago, IL Mayor: The Chicago Electoral Board in late December removed two minor contenders, police officer Frederick Collins and freelance consultant Johnny Logalbo, from the Feb. 28 nonpartisan primary ballot after determining that they didn't have enough valid signatures to advance. However, challenges were dropped against activist Ja'Mal Green, Alderman Roderick Sawyer, and wealthy perennial candidate Willie Wilson, so they will be competing in what is now a nine-person race.

Prosecutors and Sheriffs

● Philadelphia, PA District Attorney: Pennsylvania's Commonwealth Court ruled Friday that state House Republicans failed to demonstrate any of the legally required standards for "misbehavior in office" when they voted to impeach Philadelphia District Attorney Larry Krasner in November. The order, though, did not say if Krasner's trial before the state Senate, which is scheduled for Jan. 18, must be called off.

Obituaries

● Lincoln Almond: Former Rhode Island Gov. Lincoln Almond, a Republican who served from 1995 to 2003, died Tuesday at the age of 86. Almond, who made his name as the state's U.S. attorney, badly lost the 1978 general election to Democratic incumbent Joseph Garrahy, but he prevailed 16 years later by defeating state Sen. Myrth York in a close contest. You can find much more at WPRI's obituary.

Grab Bag

● Where Are They Now?: Former Massachusetts Rep. Joe Kennedy III was chosen before Christmas to serve as the State Department's special envoy for economic affairs for Northern Ireland. Kennedy, who is the grandson of Robert F. Kennedy, was elected to the House in 2012 and left to unsuccessfully challenge Sen. Ed Markey in the 2020 Democratic primary.

Morning Digest: These departing House members are already mulling comeback bids for 2024

Posted on December 15, 2022 by Daily Kos Elections

Subscribe to The Downballot, our weekly podcast

Embedded Content

Leading Off

● House: Several outgoing House members from each party are showing at least some openness in trying to return to the lower chamber or run for a different office, though some soon-to-be-former representatives have already closed the door on a comeback. We'll start with a look at the Democrats and Michigan Rep. Andy Levin, who isn't dismissing talk about challenging Republican Rep.-elect John James in the 10th District.

"I'm definitely not shutting the door to running for office again, whether for Congress or something else," Levin told Politico's Ally Mutnick. This year the congressman turned down his party's pleas to run in the 10th, a suburban Detroit seat that Trump took by a tiny 50-49 margin and where Levin already represented two-thirds of the residents, and instead campaigned for the safely blue 11th. That was a bad decision for both him and for national Democrats: Levin ended up losing his primary to fellow Rep. Haley Stevens 60-40, while James beat Democrat Carl Marlinga just 48.8-48.3 a few months later in a race that Democratic outside groups spent nothing on.

Mutnick also relays that unnamed Democrats are urging New York Rep. Tom Suozzi to challenge Republican Rep.-elect George Santos in the 3rd District. There's no word, though, if Suozzi is interested in trying to regain the constituency he gave up to wage a disastrous primary bid against Gov. Kathy Hochul. While Biden prevailed 54-45 here, the GOP's strong performance on Long Island last month helped power Santos, who lost to Suozzi in 2020 and later attended the Jan. 6 Trump rally that preceded the attack on the Capitol, to a 54-46 win over Democrat Robert Zimmerman.

Another outgoing New York congressman, Mondaire Jones, also responded to questions about his future by telling Bloomberg, "I'm not closing the door to anything, other than doing nothing, these next two years … I'm always going to be fighting for the communities that I represent, even if I'm not formally their elected in the United States Congress these next two years."

Jones, though, did not elaborate on if he has a specific office in mind or where he'd run. Jones, who represents the Hudson Valley, decided to run in New York City in order to avoid a primary against DCCC Chair Sean Patrick Maloney: Jones ended up taking third place in the 10th District primary won by Dan Goldman, while Maloney lost his general election to Republican Mike Lawler.

But New Jersey Rep. Albio Sires, who was not on the ballot anywhere this year, has made it clear he wants to run for a very different sort of office in May 2023. While Sires says he won't make an announcement until his term ends in early January, the congressman has said he's looking at a bid for mayor of West New York, which is the job he held from 1995 until he joined Congress in 2006; the New Jersey Globe reports that he'll enter the contest sometime next month.

However, there's no direct vote at the ballot box to determine who gets to succeed retiring Mayor Gabriel Rodriguez, a fellow Democrat who will likely campaign for the state Assembly next year, as leader of this 52,000-person community. Candidates will instead run on one nonpartisan ballot for a spot on the five-person Town Commission, and the winners will select one of their members for mayor. Anyone who wants the top job, though, will lead a slate of allied commission candidates, something that Commissioner Cosmo Cirillo has already put together.

We've also previously written about a few other departing House Democrats who may run for something in 2024. New Jersey Rep. Tom Malinowski hasn't ruled out another campaign against GOP Rep.-elect Tom Kean Jr. in the 7th, while retiring Florida Rep. Stephanie Murphy likewise hasn't dismissed talk she could take on Republican Sen. Rick Scott. There's also been some chatter that Pennsylvania Rep. Conor Lamb, who lost his primary for Senate, could campaign for attorney general, though he hasn't said anything publicly about the idea.

There is one Democrat who has already closed the door on a comeback, though. Oregon Rep. Kurt Schrader, who refused to back Jamie McLeod-Skinner after she beat him in their primary, dismissed talk he could go up against GOP Rep.-elect Lori Chavez-DeRemer by telling Mutnick, "I've been there, done that—time for a young American to step up." Characteristically, the Blue Dog Democrat added, "It can't be a far-lefty. It has to be someone that cares about rural America."

We'll turn to the Republicans, where another Michigan congressman is keeping his options open after a primary defeat. When Politico asked if he was thinking about trying to regain the 3rd District, Rep. Peter Meijer responded, "I'm thinking about a lot of things." Meijer narrowly lost renomination to far-right foe John Gibbs after voting to impeach Donald Trump, while Democrat Hillary Scholten went on to defeat Gibbs in the fall.

Mutnick writes that another pro-impeachment Republican whom the base rejected, Washington Rep. Jaime Herrera Beutler, is also considering a bid to get back her own 3rd District against Democratic Rep.-elect Marie Gluesenkamp Pérez. Extremist Joe Kent kept Herrera Beutler from advancing past the top-two primary, but he failed to defend the constituency against Gluesenkamp Pérez.

One member who could run for local office in 2023 is New York Rep. Chris Jacobs, a Republican who in October didn't rule out the idea that he could challenge Erie County Executive Mark Poloncarz, a Democrat, in next year's general election. Jacobs instead put out a statement saying he would "always give serious consideration to any opportunity to serve" the Buffalo area. The congressman decided not to seek a second full term to avoid a tough primary over his newfound support for an assault weapons ban and related gun safety measures in the wake of recent mass shootings, including one in Buffalo.

There are also a few other outgoing Republicans who previously have been talked about as contenders in 2024. The most serious appears to be New Mexico's Yvette Herrell, who filed new paperwork with the FEC for a potential rematch against Democrat Rep.-elect Gabe Vasquez; Herrell soon told supporters she was considering, though she didn't commit to anything.

Retiring Indiana Rep. Trey Hollingsworth also hasn't ruled out a Senate or gubernatorial bid, though Sen. Mike Braun was recently overheard saying that Hollingsworth would instead support him for governor. (See our IN-Gov item.) There's been some speculation as well that Lee Zeldin, who was the GOP's nominee for governor of New York, could run next year for Suffolk County executive, though Zeldin hasn't shown any obvious interest.

One person we won't be seeing more of, however, is Ohio Rep. Steve Chabot. While Chabot regained his seat in 2010 two years after losing re-election to Democrat Steve Driehaus, the congressman told Spectrum News last week that he wouldn't try the same maneuver against Democratic Rep.-elect Greg Landsman. "I was 26-years-old when I first ran for Cincinnati City Council. When this term ends in January, I'll be turning 70 in January," Chabot explained, adding, "Twenty-six to 70, that's long enough. It's somebody else's turn."

The Downballot

● What better way to wrap up the year than by previewing the biggest contests of 2023 on this week's episode of The Downballot? Progressives will want to focus on a Jan. 10 special election for the Virginia state Senate that would allow them to expand their skinny majority; the April 4 battle for the Wisconsin Supreme Court that could let progressives take control from conservatives; Chicago's mayoral race; gubernatorial contests in Kentucky and Louisiana; and much, much more.

Of course, we might've thought we were done with 2022 after Georgia, but Kyrsten Sinema decided to make herself the center of attention again. However, co-hosts David Nir and David Beard explain why there's much less than meets the eye to her decision to become an independent: She can't take away the Democratic majority in the Senate, and her chances at winning re-election are really poor. In fact, there's good reason to believe she'd hurt Republicans more in a three-way race. The Davids also discuss the upcoming special election for Virginia's dark blue 4th Congressional District, where the key battle for the Democratic nomination will take place in less than a week.

Thank you to all our listeners for supporting The Downballot in our inaugural year. You can subscribe on Apple Podcasts to make sure you never miss a show, and you'll find a transcript of this week's episode right here by noon Eastern Time. We'll be taking a break for the holidays, but we'll be back on Jan. 5 with a brand new episode.

Governors

● IN-Gov: While retiring Rep. Trey Hollingsworth has hinted that he's interested in campaigning for governor, one would-be Republican primary rival is going around saying he'll instead have the congressman's support. Politico's Adam Wren overheard Sen. Mike Braun on Tuesday night telling other Hoosier State notables, "Trey is gonna support me. I had a conversation with him first." While there's also been talk that Hollingsworth could run for the Senate, Braun also said he might give him a place in his administration should he win.

● KY-Gov: The biggest question looming over next year's Republican primary is whether former Gov. Matt Bevin gets in before filing closes on Jan. 6, and at least one would-be rival believes the answer will be yes. State Auditor Mike Harmon, who was the first notable candidate to launch a bid against Democratic incumbent Andy Beshear, tells the Lexington Herald Leader he's 90-to-95% sure Bevin runs, explaining, "Multiple times I've heard people say he's polling."

Harmon continued, "I can't say for sure 'oh, yes, he's getting in.' But I've had some conversations with different people and it's my belief he's going to." We could be in suspense for a while longer: Bevin in 2015 launched his ultimately successful bid on the very last day possible, and he only kicked off his failed 2019 re-election campaign days before the deadline.

If Bevin does dive in, he would be joining a crowded contest where it takes just a simple plurality to win the nomination. There's no obvious frontrunner, but there are arguably two candidates who may qualify for that distinction: Attorney General Daniel Cameron, who has Donald Trump's endorsement, and self-funder Kelly Craft, who is Trump's former ambassador to the United Nations. In addition to Harmon the field also includes state Rep. Savannah Maddox, who is an ally of Rep. Thomas Massie; state Agriculture Commissioner Ryan Quarles; and Somerset Mayor Alan Keck.

There was some speculation that the legislature could pass a bill to require primary candidates win at least 40% to avoid a runoff, which was the law until 2008, but key lawmakers tell the Herald Leader there's no real energy behind this idea. "We did not talk about it at the (House GOP caucus) retreat, and I'm the chairman of [the] elections committee," said state Rep. Kevin Bratcher.

● LA-Gov: Attorney General Jeff Landry on Wednesday unveiled an endorsement from Rep. Clay Higgins, a fellow far-right politician with a base in Acadiana, for next year's all-party primary. Higgins is the first member of the state's congressional delegation to take sides as everyone waits to see if another Republican, Sen. John Kennedy, enters the contest next month. Another one of his colleagues, Rep. Garret Graves, also has been considering running for governor, though he hasn't shown much obvious interest since he learned he'd be in the majority.

House

● AZ-02: Outgoing Navajo Nation President Jonathan Nez, who lost re-election last month to opponent Buu Nygren 53-47, is not ruling out seeking the Democratic nomination to go up against Republican Rep.-elect Eli Crane, though Nez acknowledged a bid would be tough. "Of course, you keep your options open, you never say no to anything," he told Source NM before adding, "I hate to say it, but it's going to be very difficult for any Democrat to run for that position."

Trump carried this sprawling Northeastern Arizona seat 53-45, and Crane ousted Democratic incumbent Tom O'Halleran 54-46 in November. According to Bloomberg's Greg Giroux, Republican Blake Masters also beat Democratic Sen. Mark Kelly 51-47 here even as he was losing statewide by an identical margin.

● VA-04: Sen. Tim Kaine has endorsed state Sen. Jennifer McClellan ahead of Tuesday's firehouse primary to select the Democratic nominee to succeed the late Rep. Donald McEachin.

The short contest leaves candidates essentially no time to raise the money they'd need to run TV ads, but another Democratic contender, Del. Lamont Bagby, is taking to radio to emphasize his own endorsements. Bagby's commercial features testimonials from Richmond Mayor Levar Stoney and Henrico County Supervisor Tyrone Nelson, who praise his record in the legislature and tout him as a worthy successor to McEachin.

Stoney also informs listeners, "Voting is at a special location, not your normal polling place," and advises them to go to Bagby's site to find out where to cast their ballot.

● House: Politico's Ally Mutnick takes a detailed early look at the 2024 House battlefield and what candidates could end up running for key seats. For the Republicans, many of the names are familiar ones from the 2022 cycle. Mutnick relays that some strategists want a pair of defeated Senate nominees, Colorado's Joe O'Dea and Washington's Tiffany Smiley, to run for competitive House seats.

The only realistic target for O'Dea would be the 8th District, where Democratic Rep.-elect Yadira Caraveo pulled off a tough win, but Smiley is harder to place: She lives in Richland in the south-central part of Washington, which is located in GOP Rep. Dan Newhouse's 4th District and is at least a two hour drive from either the Democratic-held 3rd or 8th.

The Republican wishlist also includes a few candidates who lost House primaries this year to some disastrous nominees. One prospective repeat contender is Ohio state Sen. Theresa Gavarone, whose bid to challenge longtime Democratic Rep. Marcy Kaptur in the 9th ended with her taking third to QAnon ally J.R. Majewski. Kaptur beat Majewski 57-43 after national Republicans gave up on him, but the GOP's victories in this year's state Supreme Court contest could allow Gavarone and her colleagues to draw up a more favorable map for the state senator should she try again.

Another potential repeat is Keene Mayor George Hansel, a self-declared "pro-choice" candidate who wanted to take on Democratic incumbent Annie Kuster in New Hampshire's 2nd District. National Democrats very much didn't want that happening, though, as they ran ads promoting Hansel's underfunded opponent, former Hillsborough County Treasurer Robert Burns. The strategy worked as intended: Burns won the nomination 33-30, while Kuster defeated him 56-44 two months later.

Mutnick also writes that some Republicans are hoping to see another try from Derrick Anderson, a Green Beret veteran who wanted to challenge Rep. Abigail Spanberger in Virginia's 7th but lost the primary 29-24 to Prince William County Supervisor Yesli Vega. Democrats went on to focus on Vega's far-right views, including her comments falsely suggesting that it's unlikely for rape to result in pregnancy, and Spanberger prevailed 52-48.

Republicans have their eyes on a few Republicans who didn't run for Congress in 2022, too. Mutnick says that one possible recruit against Democratic Rep. Dan Kildee in Michigan's 8th is state Rep.-elect Bill Schuette, who is the son and namesake of the GOP's 2018 nominee for governor.

And while the GOP will soon be able to gerrymander North Carolina's new congressional map, Mutnick writes that some Republicans would prefer state Rep. Erin Paré go up against Democrat Wiley Nickel in the 13th rather than see another campaign by Bo Hines. Indeed, Texas Rep. Dan Crenshaw trashed both Hines and Karoline Leavitt, who failed to win New Hampshire's 1st, when he told Politico, "We lost races we easily should have won. We elected two 25-year-olds to be our nominees. That's batshit crazy."

Democrats, meanwhile, have a few 2022 nominees they would like to run again:

AZ-01: Jevin Hodge
AZ-06: Kirsten Engel
CA-41: Will Rollins
CA-45: Jay Chen

There is no word from any of the once and potentially future candidates from either party about their 2024 plans.

Legislatures

● PA State House: Allegheny County election officials say they plan to hold a trio of special elections in Democratic-held state House seats on Feb. 7, declaring, "While we await action by the Court, we will move forward with preparation and other work necessary to conduct the special elections, including confirming polling locations, scheduling poll workers and other administrative work."

Democrat Joanna McClinton scheduled these three contests for early February after she was sworn in as majority leader last week, citing the fact that Democrats won 102 of the 203 state House seats on Nov. 8. Republicans, though, have filed a lawsuit arguing that she did not have the authority to do this because the GOP will have more members when the new legislature meets Jan. 3 because of those vacancies.

● VA State Senate: Democrat Aaron Rouse touts his time in the NFL and Virginia Beach roots in his opening TV ad ahead of the Jan. 10 special to succeed Republican Rep.-elect Jen Kiggans. Rouse faces Republican Kevin Adams, a Navy veteran and first-time office-seeker, in a contest that gives Democrats the chance to expand their narrow 21-19 majority in the upper chamber to a wider 22-18 advantage.

Rouse's spot opens with footage of the candidate in action as an announcer proclaims, "What a break on the football by Aaron Rouse!" The Democrat himself then appears on a football field where he talks about the Virginia Beach neighborhood he grew up in by saying, "Before I was Aaron Rouse, the NFL player… I was just Aaron, from Seatack. Mom raised us on her own."

Rouse, who now serves on the City Council, continues, "My granddad told me: I was man of the house. So I did whatever it took. Mowing lawns, pumping gas, cleaning buses." He concludes, "It's time for Richmond to get to work making life more affordable for Virginia families."

Mayors and County Leaders

● Austin, TX Mayor: Former state Sen. Kirk Watson on Tuesday narrowly regained the office he held from 1997 to 2001 by defeating state Rep. Celia Israel 50.4-49.6 in the runoff to succeed their fellow Democrat, termed-out Mayor Steve Adler. Watson will serve an abbreviated two-year term because voters last year approved a ballot measure to move mayoral elections to presidential cycles starting in 2024.

Israel overcame Watson's big spending edge on Nov. 8 to lead him 41-35 in the first round of voting, but observers speculated that his base would be more likely to turn out for the runoff. Israel did best in South and East Austin, areas that have large populations of younger and more diverse voters, while Watson performed strongly in Northwest Austin, a more affluent and whiter area that's home to more longtime residents who were around when he was last mayor.

Watson also worked to appeal to supporters of conservative Jennifer Virden, who took 18%, by emphasizing tax cuts and crime. Virden never endorsed anyone for round two, but she did fire off some tweets favorable to Watson.

The city's high housing costs were one of the main issues in this contest. Watson argued that each of the 10 City Council districts should adopt their own plans, an approach Israel compared to the old racist practice of "redlining." Watson defended his plan, though, saying that there would still be citywide standards each district would need to meet and that individual communities are "going to be able to tell us where greater density can be used." He also argued that he'd have an easier time working with GOP legislators who have long had a hostile relationship with Austin's city government.

Morning Digest: Wisconsin’s 2023 Supreme Court race may decide fate of abortion and gerrymandering

Posted on December 1, 2022 by Daily Kos Elections

Subscribe to The Downballot, our weekly podcast

Embedded Content

Leading Off

● WI Supreme Court: With the conservative majority on the Wisconsin Supreme Court on the line in 2023—and with it the outcomes of future battles over fair elections and abortion rights—the contest to succeed retiring conservative Justice Patience Roggensack will likely be one of the most consequential elections in any state next year.

Wednesday was the campaign launch date for conservative Waukesha County Judge Jennifer Dorow, who recently finished presiding over the high-profile trial where Darrell Brooks was sentenced to life in prison for killing six people at last year’s Waukesha Christmas parade. Dorow joins a field that includes former Supreme Court Justice Daniel Kelly, who is also a conservative, and two liberal-aligned candidates, Dane County Judge Everett Mitchell and Milwaukee County Judge Janet Protasiewicz.

All candidates will compete on the same nonpartisan primary ballot on Feb. 21, and the top two contenders will advance to an April 4 general election alongside local elections throughout much of the state that day. Petitioning to get on the ballot starts on Dec. 1, and the filing deadline is Jan. 4.

Although Supreme Court candidates in Wisconsin don't have partisan labels on the ballot, the ideological fault lines have been clear in recent elections, which have looked very similar to partisan contests. One key difference this time, though, is that each side is fielding two candidates apiece, meaning either progressives or conservatives could snag both spots in the second round of voting.

To avoid such a lockout, both factions may try to consolidate around a single standard-bearer before the primary. One far-right billionaire is already signaling that he'll make his influence felt: Dick Uihlein, who along with his wife Elizabeth was the biggest GOP megadonor nationally in 2022, has indicated he'll spend millions backing Kelly.

The election will be pivotal, and abortion rights tops the list of reasons why. Most notably, the U.S. Supreme Court's reversal of Roe v. Wade earlier this year resurrected an 1849 Wisconsin law that makes it a felony to perform an abortion in almost all cases. Democratic Attorney General Josh Kaul, who narrowly won re-election in November, has filed a suit seeking to have that 19th century law ruled unenforceable, a case that will likely wind up before the state Supreme Court.

The court has also been central in the battle against GOP voter suppression efforts. In 2020, Kelly was ousted by liberal Judge Jill Karofsky in an election at the start of the COVID-19 pandemic that was plagued by exceptionally long voting lines due to the closure of most polling places. The court's conservative majority exacerbated the problem by blocking an executive order by Democratic Gov. Tony Evers to delay the election, but Kelly nonetheless lost by a wide 55-45 margin. More recently, the conservative majority ruled in favor of a ban on absentee ballot drop boxes following their widespread adoption in the 2020 elections due to the pandemic.

In addition to restrictions on voting, the court is also critical to the fate of Republican gerrymandering efforts. Heading into the current round of redistricting, Wisconsin's state government was divided, with Evers facing a legislature that Republicans dominated in large part thanks to their previous gerrymanders. When the two parties predictably deadlocked over drawing new congressional and legislative maps, the courts stepped in and took over the process, ostensibly with the aim of drawing neutral lines.

However, in another ruling along ideological lines, the court's conservative majority made up its own requirement that any new maps make only the minimum changes possible when compared to the previous maps, solely to restore population equality. Justice Brian Hagedorn, the lone conservative who is occasionally a swing vote, later sided with his three liberal colleagues to adopt new districts proposed by Evers because they moved fewer residents than GOP proposals did. However, the least-change requirement meant that even the maps proposed by the Democratic governor still heavily favored Republicans compared to their statewide vote share, effectively locking in much of the impact of the prior decade's GOP gerrymanders in all but name.

Wisconsin once again saw the dramatic effects of this rigged redistricting in action this year: Although Evers beat his GOP foe 51-48 and Republican Sen. Ron Johnson turned back his Democratic challenger 50-49, Republicans gained a two-thirds supermajority in the state Senate and fell just two seats shy of one in the Assembly. While Democrats have next to no hope of winning majorities so long as these districts stand, a more independent-minded court could overturn these maps for violating state constitutional protections and order the adoption of fairer maps that more accurately reflect Wisconsin's status as a longtime swing state.

The Downballot

● Why did Democrats do so surprisingly well in the midterms? It turns out they ran really good campaigns, as strategist Josh Wolf tells us on this week's episode of The Downballot. That means they defined their opponents aggressively, spent efficiently, and stayed the course despite endless second-guessing in the press. Wolf gives us an inside picture of how exactly these factors played out in the Arizona governor's race, one of the most important Democratic wins of the year. He also shines a light on an unsexy but crucial aspect of every campaign: how to manage a multi-million budget for an enterprise designed to spend down to zero by Election Day.

Co-hosts David Nir and David Beard, meanwhile, take a look at how turnout differed between Republicans and Democrats in 2022 (and why it's bad news for the GOP for 2024); why the Republican House majority is the most precarious it's been in a long time; how bonkers conspiracy theorists in a dark-red county in Arizona could flip two major races by refusing to certify their own votes; and a key special election coming up in Wisconsin that could allow Democrats to roll back the GOP's new supermajority in the state Senate.

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.

Georgia Runoff

● GA-Sen: Senate Majority PAC's Georgia Honor affiliate is deploying another $5.8 million in advertising for the final week of the runoff, and its new spot opens with the narrator proclaiming, "Herschel Walker's violence has hurt so many people." The commercial then plays clips or quotes of both the Republican's ex-wife and son saying he'd threatened to kill them, before the narrator reminds viewers, "An ex-girlfriend says Walker used threats of violence to force her to have an abortion."

Meanwhile, another SMP affiliate, Majority Forward, has announced that it's spending $11 million on a get-out-the-vote effort in partnership with America Votes. Democratic incumbent Raphael Warnock is also airing a minute-long ad starring former President Barack Obama, who opens, "Serious times call for special leaders."

Governors

● IN-Gov, IN-Sen: Politico's Adam Wren reported Wednesday that Sen. Mike Braun filed paperwork the previous day for a potential run to succeed his fellow Republican, termed-out Gov. Eric Holcomb. Braun, whose seat is also up in 2024, didn't quite commit to a bid to lead the Hoosier State, saying, "We'll talk to you down the road." Braun's chief of staff, though, sounded far more sure about his boss' plans, telling Wren, "Mike Braun has filed his paperwork to run for governor and will be making an official announcement of his candidacy very soon."

There's already plenty of talk about which Republicans could run to replace Braun in the Senate. A spokesperson for Rep. Jim Banks said last week, "He will strongly consider it if Sen. Braun runs for governor in 2024." Politico also reported back in September that fellow Rep. Victoria Spartz had told people she planned to campaign for an open seat.

It's rare for a first-term senator to leave after just one term, though Braun burned his bridges just after the election when he supported NRSC chair Rick Scott's failed effort to oust Senate Minority Leader Mitch McConnell. It's also fairly unusual for members of the upper chamber to campaign for governor, where most states have term limits for their chief executives.

Indeed, the University of Minnesota's Eric Ostermeier last year found that just three sitting senators have been elected governor during the 21st century, with Kansas Republican Sam Brownback pulling this off most recently in 2010. Louisiana Republican David Vitter also tried this career switch in 2015, but the scandal-ridden senator lost to Democrat John Bel Edwards in a true upset.

House

● NJ-07: NJ Spotlight News this week asked outgoing incumbent Tom Malinowski if he planned to seek another bout against Republican Rep.-elect Tom Kean Jr., to which the Democrat responded, "I'm going to stay very very interested in the fate of our district, New Jersey, and the fight for democracy in America. I haven't decided how I'm gonna do that, but I'm certainly not going anywhere." Kean unseated Malinowski 52-48 in a constituency that Biden won 51-47.

● VA-04: Several Democrats aren't ruling out running in the upcoming special election to succeed the late Rep. Donald McEachin, though they're understandably reluctant to say much this soon after the congressman's death. It also remains to be seen how Democrats will choose their nominee for this safely blue Richmond-based seat.

Del. Lamont Bagby told 8News of McEachin, whom he's called a father or brother figure, "I think it's a little too soon to talk about it, but there is no secret I've always wanted to follow in my big brother's footsteps." Fellow Del. Jeff Bourne likewise relayed that he was still "trying to process the immense loss of such a wonderful father, husband and public servant."

State Sen. Jennifer McClellan, who succeeded McEachin in the legislature, responded, "We're mourning him right now and that is a conversation that probably will be had eventually but I'm not prepared to have it right now." A spokesperson for Richmond Mayor Levar Stoney also declared that a special election bid "is not on the Mayor's mind at all right now."

Finally, state Sen. Joe Morrissey, who has long been one of the most unreliable Democrats in the legislature in between two different stints as an independent, said, "It's way too premature for me to say yay or nay." Morrissey, though, sounded happy where he is as the key vote in Team Blue's 21-19 majority, adding, "I will say this. I love being in the [state] Senate. I love being able to do something substantive for Virginia, and I'm not so sure that being one of 435 members would allow me to be as effective."

Mayors and County Leaders

● Denver, CO Mayor: State Rep. Alex Valdez this week became the latest candidate to enter the ever-expanding April 4 nonpartisan primary to succeed Mayor Michael Hancock, a fellow Democrat who cannot seek a fourth term. "The next mayor must be able to bring progressives and moderates together to solve challenges," said Valdez, who previously founded a solar energy company.

Valdez, like several other contenders in what's now a 22 person-field, would be the second Latino elected to lead Colorado's capital and largest city; the first was Federico Peña, who won the first of his two terms in 1983. Valdez would also be the Denver's first gay mayor, a distinction he'd share with fellow state Rep. Leslie Herod.

Prosecutors

● Philadelphia, PA District Attorney: The state Senate will begin its trial of Philadelphia District Attorney Larry Krasner, a leading criminal justice reformer whom the outgoing GOP majority in the state House voted to impeach two weeks ago, on Jan. 18, which is after the new legislature takes office. It would take 34 senators to hit the two-thirds majority needed to remove Krasner, and since Republicans will only control 28 of the 50 seats next year, they'd need at least six Democrats to side with them.

That's a tough task, though, especially since just one Democrat, Jimmy Dillon, sided with the GOP on Tuesday on a pair of votes setting the rules for the trial. Potentially complicating things further is the fact that Republican John Gordner resigned this week halfway through his term in order to become counsel to state Senate Interim President Pro Tempore Kim Ward.