Morning Digest: Ever heard of a ‘top-four’ primary? It could be coming to a state near you soon

Posted on August 24, 2020 by Daily Kos Elections

Leading Off

● Election Reforms: This November, as many as five states will vote on ballot measures that could dramatically change how their elections are conducted.

In Florida, voters will decide whether to institute a top-two primary system, while Massachusetts could implement instant-runoff voting. Alaska, meanwhile, could become the first state in the nation to adopt a "top-four" voting system, which, as we'll explain, is something of a hybrid between top-two and instant-runoff.

Top-four ballot measures have also been certified for the ballot in Arkansas and North Dakota. However, there's still ongoing litigation in each state that could impact whether or not these referendums would take effect if they won.

Campaign Action

We'll start with a look at the Florida top-two ballot initiative, Amendment 3, which needs to win at least 60% of the vote in order to pass. If this measure takes effect, starting in January of 2024, all the candidates in races for governor; the other three state cabinet offices (attorney general, chief financial officer, and commissioner of agriculture); and for the state legislature would each compete on one primary ballot rather than in separate party primaries.

The two contenders with the most votes, regardless of party, would then advance to the general election. Candidates would not be able to avert the general election by taking a majority of the vote in the primary. Amendment 3 would not apply to federal elections such as the presidential or congressional contests due to limitations on the scope of any single initiative.

California and Washington already use the top-two primary (Louisiana also uses a similar all-party primary system that does allow candidates to avoid a second round of voting if they win a majority), and as we've written before, it's notorious for producing outcomes that don't reflect the desires of the electorate. One chief reason why: A party can win a majority of votes cast in the primary, yet get shut out of the general election simply because it fields a large number of candidates while the minority party only puts forth a few, or even just two.

Furthermore, primary electorates often feature very different demographic compositions than higher-turnout general elections, producing greater partisan and racial dissonance between the two rounds. These distortions have seen one party or the other get shut out of general elections in recent years in California and Washington, including in contests they likely would have won if the parties had gotten to nominate candidates through traditional primaries.

Indeed, if the top-two had been in place in 2018 when both parties had competitive primaries for governor, Democrats would have been locked out of the general election. That year, Republican Ron DeSantis would have taken first place with 29%, while fellow Republican Adam Putnam would have beaten Democrat Andrew Gillum 19-17 for second, even though Republicans outvoted Democrats just 51-49.

The only poll we've seen all year of Amendment 3 was a late May survey from St. Pete Polls, which found the "no" side ahead 44-35. However, Amendment 3's backers have received at least $6.2 million from conservative billionaire Mike Fernandez, who has been leading the effort to get the top-two implemented, which gives the campaign the resources to put up a serious fight.

Over in Massachusetts, meanwhile, supporters of instant-runoff voting (also known as ranked-choice voting), are trying to pass Question 2 this November. If Question 2 receives a majority of the vote, then starting in 2022, instant-runoff would be used in both primaries and general elections for governor and other statewide offices; U.S. Senate and House seats; the state legislature; and countywide posts such as district attorney and sheriff. The measure would not impact presidential elections or races for city and town offices.

The only poll we've seen this year was an early August survey from MassINC that showed voters deadlocked 36-36 on whether to adopt Question 2. If the measure passes, then Massachusetts would become the second state after Maine to use this method to decide many of its elections.

Finally, voters in Alaska, Arkansas, and North Dakota each will have the opportunity to become the first states to adopt a top-four primary. This system would require all the candidates to face off on one primary ballot, and the top four vote-getters would advance. In the general election, voters would then be able to rank their choices using instant-runoff voting. Each of these referendums only needs to win a majority of the vote to pass, but there are some key differences between them.

While each would apply to all congressional, legislative, and statewide races, only Alaska's Measure 2 would also institute instant-runoff voting for the presidential contest. North Dakota's Measure 3, meanwhile, would additionally remove the legislature's unfettered control over legislative redistricting and put it in the hands of a bipartisan commission.

North Dakota's top-four law would also take effect 30 days after approval, Arkansas' would start Jan. 1, 2021, and Alaska's measure would begin in 2022. The only poll we've seen from any of these three states was a mid-July survey from the Arkansas League of Women Voters, which supports the top-four measure, from Mercury Analytics that showed respondents agreeing by a 60-28 margin that they support "[a]llow[ing] voters to rank their top four candidates when voting in the general election so voters can have more say in their second choice candidate."

Senate

● MA-Sen: The Sept. 1 Democratic primary has become particularly heated on the airwaves in recent days.

Sen. Ed Markey is running a commercial accusing Rep. Joe Kennedy of running a desperate campaign, while a spot from Kennedy's allies at New Leadership PAC features audio from the congressman's recent speech declaring that Markey was questioning his family's integrity. The ads come at a time when Markey has been trying to use Kennedy's membership in what is arguably America's most prominent political family (the congressman is the grandson of Robert F. Kennedy) against him.

In an Aug. 11 debate, Markey took aim at New Leadership PAC, which Kennedy's twin brother and other relatives have been raising money for. Markey also brought up speculation that the congressman's father and namesake, former Rep. Joe Kennedy II, could fund the PAC with the $2.8 million in campaign funds he still has available almost 22 years since he left Congress. "Tell your father and tell your twin brother you don't want any money to be spent on negative ads," Markey said in a clip that generated plenty of attention and quickly made it into the senator's digital advertising.

Markey also generated headlines with an online commercial that didn't mention Kennedy or his family directly, but concluded with the senator putting his own spin on the famous 1961 inaugural address delivered by the congressman's great uncle. "With all due respect," Markey said, "it's time to start asking what your country can do for you."

On Monday, Kennedy responded with the speech that was used in New Leadership PAC's new commercial. Kennedy declares, "I'm here today to talk about my family, because Sen. Markey is questioning their integrity, weaponizing their history." The congressman goes on to talk about his grandfather's record as U.S. attorney general during the civil rights era before saying he understands that "a legacy is earned." Kennedy continues by describing his own work in Congress and declares, "We deserve a senator who will not stand by."

Kennedy's campaign is also running a commercial where the narrator says he "knows how a legacy is earned." The spot goes on to show footage of RFK and the congressman's two legendary great uncles, JFK and Ted Kennedy, and says that for the younger Kennedy, battles for racial justice and healthcare for all are "a fight in his blood."

Markey's campaign, meanwhile, is airing their own commercial that contrasts the senator with Kennedy. After decrying how Kennedy is attacking the incumbent, the narrator quotes from the Boston Globe's Markey endorsement. The narrator reads how the senator has "been ahead of the curve championing progressive causes," while Kennedy "lacks the chops and track record Markey brings."

Markey's allies at United for Massachusetts are also up with a spot that also quotes the Globe endorsement, though it doesn't mention Kennedy. The ad extols Markey as "a progressive champion with chops" who has been "achieving real results on healthcare and the environment." The commercial also features images of Markey with two of his most prominent supporters, fellow Sen. Elizabeth Warren and New York Rep. Alexandria Ocasio-Cortez.

This has been a very expensive contest. From July 1 to Aug. 12 (the time the FEC defines as the pre-primary period), Markey outraised Kennedy $1.4 million to $930,000, while Kennedy outspent the incumbent $4.3 million to $2.8 million during this time. Markey had a $3.5 million to $1.4 million cash-on-hand edge for the homestretch.

● NH-Sen: Saint Anselm College's new poll of the Sept. 8 GOP primary finds wealthy attorney Corky Messner, who is Donald Trump's endorsed candidate, with a 31-29 edge over retired Army Brig. Gen. Donald Bolduc. A late June Remington Research poll for Bolduc had Messner up 17-8, while a mid-July Tarrance Group internal for Messner had him ahead 39-27. The winner will be the underdog against Democratic Sen. Jeanne Shaheen.

Gubernatorial

● MT-Gov: Campaign finance reports are in covering June 15 to Aug. 15. Democrat Mike Cooney outraised Greg Gianforte $725,000 to $582,000, while the wealthy Republican threw down an additional $1 million of his own money. Gainforte outspent Cooney by a lopsided $1.7 million to $209,000 during this time, though it was Cooney who ended the period with $670,000 to $330,000 a cash-on-hand lead. However, Gianforte likely can afford to do much more self-funding over the next few months.

● NH-Gov: Saint Anselm College has released the first poll we've seen of the Sept. 8 Democratic primary, and it gives state Senate Majority Leader Dan Feltes a narrow 22-19 lead over Executive Councilor Andru Volinsky; an additional 13% say they'd back "someone else," though there aren't any other candidates on the ballot.

Feltes, meanwhile is using his second TV spot to go right after Republican Gov. Chris Sununu over his handling of school reopenings. Feltes appears with his wife and young children and says, "As parents, we just want to know our kids will be safe. That's why it's so distressing that Chris Sununu refuses to even put forward a plan." Feltes continues, "He says nobody has to wear masks. There are no clear guidelines. Teachers are afraid. Why shouldn't they be?"

House

● CA-08: The general election for this open 55-40 Trump seat hasn't generated much attention, but Democrat Chris Bubser has released a poll from Global Strategy Group to try to change that. The survey gives Republican Assemblyman Jay Obernolte a 48-38 lead, which Bubser, who is a first-time candidate, argues will dramatically narrow once she gets her name out. The sample also finds Donald Trump ahead only ahead 49-44 in this seat, which contains northern San Bernardino County and the geographically vast, but sparsely populated, High Desert to the north.

Bubser ended June with a small $325,000 to $300,000 cash-on-hand edge over Obernolte, but she'll need much more to effectively communicate her message: Almost all of this seat is located in the Los Angeles media market, where it costs quite a lot of money to air TV commercials.

● FL-18: Immediately after Pam Keith decisively won the Democratic primary for Florida's 18th Congressional District, Republican Rep. Brian Mast launched a $150,000 TV buy against her. The commercial, like so many Republican ads we've seen this cycle, ties Keith to Vermont Sen. Bernie Sanders, New York Rep. Alexandria Ocasio Cortez, and Minnesota Rep. Ilhan Omar.

The narrator alternates between praising Mast's record and portraying Keith as an extremist, declaring at one point that the Democrat "called all Republicans 'traitors,' 'racist,' 'stupid,' and 'white supremacists.'" Parts of Keith tweets going after Donald Trump and his allies fill the screen, including an October 2019 message written during the House's impeachment inquiry into Trump where she asked, "I wonder if the GOP realizes that an entire generation of Americans is growing up knowing no other version of Republicans than the racist, white supremacist, bigoted, woman-hating, anti-science, delusional, gun-worshiping, treasonous greed-mongers currently on display."

Mast held a huge $1.8 million to $100,000 cash-on-hand lead over Keith on July 29, and he's likely going negative now to weaken her before she can effectively respond. Still, it's a bit surprising that Mast feels he needs to do this, since he's looked safe for a long time.

This seat, which includes the Palm Beach area and the Treasure Coast to the north, moved from 51-48 Romney to 53-44 Trump, and it remained tough turf last cycle. Mast won re-election 54-46 against a well-funded opponent, and according to analyst Matthew Isbell, both Republicans Rick Scott and Ron DeSantis carried it 52-47 as they were narrowly winning the U.S. Senate and gubernatorial contests statewide.

Still, this district could be worth watching this fall, especially if 2020 turns out to be a better year for Florida Democrats than 2018 did, which may be why Mast has decided he needs to take action now.

● GA-07: The Atlanta Journal-Constitution reports that the far-right Club for Growth has booked $900,000 on TV to attack Democrat Carolyn Bourdeaux, though there's no copy of the spot yet. The Club is backing Republican Rich McCormick, who badly trailed Bourdeaux $760,000 to $106,000 in cash-on-hand at the end of June.

● MA-01: Democratic Majority for Israel recently launched a $100,000 ad buy against Holyoke Mayor Alex Morse ahead of the Sept. 1 Democratic primary, and their newly released commercial attacks him over the condition of the local school system. American Working Families, a PAC supported by labor, also began airing commercials earlier this month going after Morse on this.

DMFI's new campaign is the latest in what has become a very expensive intra-party battle for this safely blue western Massachusetts seat. OpenSecrets reports that, as of Friday, outside groups supporting Rep. Richie Neal have spent a total of $1.3 million, while organizations like the Justice Democrats and Fight Corporate Monopolies have dropped $995,000 to oppose the incumbent.

Neal's campaign also maintains a huge financial edge over Morse, though the challenger has been bringing in a credible amount of money. Morse outraised Neal $470,000 to $360,000 during the pre-primary period, while the incumbent outspent him by a $1.8 million to $490,000 margin during this time. Neal held a $2.8 million to $295,000 cash-on-hand edge for the final weeks of the race.

● MA-04: Newton City Councilor Jake Auchincloss uses his new commercial for the Sept. 1 Democratic primary to contrast his time in the Marines, where he says leadership was "on you," with Donald Trump's refusal to take responsibility for his many failures.

● NY-01: In the previous Digest, we wrote that an internal poll for Democrat Nancy Goroff found Donald Trump leading Joe Biden 46-42 in New York's 1st Congressional District. However, those numbers were transposed by the outlet that originally reported the poll. Goroff's poll, conducted by Global Strategy Group, in fact found Biden ahead 46-42.

● Ads: The conservative Congressional Leadership Fund is spending $2.5 million on August advertising in seven Democratic-held seats that Donald Trump carried in 2016. Politico provides a breakdown:

ME-02 (Jared Golden): $200,000
NM-02 (Xochitl Torres Small): $500,000
NY-11 (Max Rose): $260,000
NY-22 (Anthony Brindisi): $650,000
OK-05 (Kendra Horn): $500,000
SC-01 (Joe Cunningham): $200,000
VA-07: (Abigail Spanberger): $200,000

It is not clear if these buys come from CLF's existing reservations in these seats, or if it's new money. The only spot that is available right now is the group's ad against Horn, which ties her to Speaker Nancy Pelosi, New York Rep. Alexandria Ocasio Cortez, and Minnesota Rep. Ilhan Omar.

Other Races

● PA-AG: Josh Shapiro, a rising star in Pennsylvania Democratic politics, won his bid for attorney general 51-49 in 2016 as Donald Trump was carrying Pennsylvania 48-47, but Republicans are hoping to unseat him this fall and regain a seat they'd previously held for decades. Shapiro is only the second Democrat to win this post since it became an elected office in 1980: The first was Kathleen Kane, who decisively won in 2012 but resigned in disgrace in 2016.

Republican nominee Heather Heidelbaugh recently launched what her campaign says is a $200,000 opening ad campaign. Heidelbaugh doesn't mention Shapiro directly in her spot as she talks about her tough upbringing, but her pledge to "serve my full term" was very much a dig at the incumbent, whom politicos widely expect to run for governor in 2022. Indeed, when Democratic Gov. Tom Wolf, who will be termed-out, was asked last year about the contest to succeed him, he pointed at Shapiro and said, "That's my guy right there."

Shapiro held a massive $4.1 million to $210,000 cash-on-hand lead over Heidelbaugh on June 22, but the Philadelphia Inquirer reports that a group called Commonwealth Leaders Fund has booked a total $435,000 to help the Republican. The PAC, which the paper says has already spent $144,000, has been running commercials that ditch Heidelbaugh's subtlety and tear into Shapiro as "a career politician already looking to run for governor."

Shapiro responded in mid-August with what the Inquirer writes is his first TV spot. The ad says Shapiro is being attacked by dishonest commercials "paid for by people backing the insurance companies' candidate, hack lawyer Heather Heidelbaugh." The narrator goes on to praise the incumbent's service as attorney general, including his high-profile role in "holding Catholic Church officials accountable for covering up sexual abuse."

Ad Roundup

AK-Sen: Dan Sullivan (R-inc)
KS-Sen: One Nation - pro-Roger Marshall (R)
TX-23: Gina Ortiz Jones (D)

Morning Digest: In primary delayed by chaos, Puerto Rico’s pro-statehood party dumps governor

Posted on August 18, 2020 by Daily Kos Elections

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

Leading Off

● PR-Gov: Puerto Rico's gubernatorial primaries finally came to an end on Sunday, and former Resident Commissioner Pedro Pierluisi ousted Gov. Wanda Vázquez 58-42 to win the nomination of the pro-statehood New Progressive Party. Vázquez did not endorse Pierluisi, declaring instead, "I say to Pedro Pierluisi, that it is the thousands and thousands of people who supported me, and gave me their vote ... it is those people whose endorsement he should be seeking." Pierluisi, for his part, said that statehood would be one of his top goals if elected.

Meanwhile, Isabela Mayor Carlos Delgado decisively won the contest to lead the pro-commonwealth Popular Democratic Party by defeating Puerto Rico Sen. Eduardo Bhatia 63-24. Pierluisi and Delgado will face off in the November general election for a four-year term along with Alexandra Lúgaro of the Citizens' Victory Movement, a party that NPR describes as "promoting anti-colonialism and a constitutional assembly to make a final decision on Puerto Rico's political relationship with the United States."

Campaign Action

The primary was originally set for June, but Vázquez signed legislation postponing it to Aug. 9 because of the coronavirus pandemic. However, ballots arrived late, or did not arrive at all, at a majority of voting centers that day, and the commonwealth's major political parties postponed voting a week. On Thursday, the Puerto Rico Supreme Court ruled that voting would take place on Sunday in any precinct that was not open for the legally required eight hours last week.

The second round of voting mostly proceeded as planned, but not everyone who wanted to vote ended up being able to cast a ballot. Many people left closed polling places on Aug. 9 only to eventually learn that their precinct had opened later in the day for the prescribed eight hours, but that it was now too late for them to vote.

Pierluisi, who represented Puerto Rico in the U.S. House as a non-voting member from 2009 to 2017, briefly served as governor last year under some very unusual circumstances. Gov. Ricardo Rosselló, who had narrowly defeated Pierluisi in the 2016 primary, was badly damaged after a series of online chats between the governor and his allies leaked in which participants lobbed violent, misogynist, and homophobic insults at their enemies and joked about Puerto Ricans who died during Hurricane Maria. Mass protests soon broke out calling for Rosselló to quit, and the legislature began laying the groundwork to impeach him.

After two weeks of protests, Rosselló announced on July 24 that he would resign nine days hence, but it was unclear who would succeed him. Normally the commonwealth's secretary of state would take over, but Luis Rivera Marin had previously resigned from that very post because of his own role in the chat scandal. Vázquez, who was justice minister, was next in the line of succession, but she said on July 28―less than a week before Rosselló's Aug. 2 departure―that she hoped that Rosselló would pick a new secretary of state, and that this new person would be governor instead of her.

Rosselló tried to do just that, and he announced on July 31 that he was appointing his old rival Pierluisi. However, the commonwealth's constitution requires the secretary of state to be confirmed by both Puerto Rico's House and Senate, but Pierluisi was sworn into that job that very evening before any legislators had a chance to vote.

The House gave Pierluisi an affirmative vote on Aug. 2 about an hour before Rosselló's departure took effect, but the Senate postponed their own hearings until the following week. However, that didn't stop Pierluisi from being sworn in as governor right after Rosselló left office. Pierluisi cited a 2005 law that said that the secretary of state didn't need to have received legislative confirmation from both chambers if they need to take over as governor to make his case that he was indeed Puerto Rico's legitimate leader.

However, the Supreme Court of Puerto Rico ruled that this provision was unconstitutional days later in the decision that ousted Pierluisi from the governor's office and put Vázquez in charge. While Vázquez said she hadn't wanted to be governor, she soon quashed speculation that she would only stay long enough to appoint a new secretary of state who would then take over as the commonwealth's leader, and she announced in December that she'd seek a full term.

Pierluisi argued during his campaign that Vázquez wasn't fixing mistakes made by her administration during the coronavirus pandemic. Last month, the special independent prosecutor's office announced that it had launched a criminal investigation into allegations that Vázquez and her administration had mismanaged emergency supplies after Puerto Rico was struck by earthquakes in January.

Primary Preview

● Primary Night: The One Where Ross Tries Not To Get Fired: Primaries are concluding on Tuesday in Alaska, Florida, and Wyoming for congressional and state offices, and as always, we've put together our preview of what to watch.

We'll be keeping a close eye on the GOP primary for Florida's 15th District, where freshman Republican Rep. Ross Spano, who is under federal investigation for allegedly violating campaign finance laws during his successful 2018 bid, faces a serious intra-party threat from Lakeland City Commissioner Scott Franklin. We'll also be watching the GOP primaries for the open 3rd and 19th Districts, as well as the contest to face Democratic Rep. Charlie Crist in the 13th District.

And the action isn't confined to the Lower 48. In Alaska, national Republicans are spending to deny renomination to members of the Democratic-led cross-partisan coalition that runs the state House. Check out our preview for more on these contests.

Our live coverage will begin at 7 PM ET Tuesday night at Daily Kos Elections when the polls close in most of Florida. You can also follow us on Twitter for blow-by-blow updates. And you'll want to bookmark our primary calendar, which includes the dates of the cycle's remaining down-ballot primaries, as well as our separate calendar tracking key contests further down the ballot taking place nationwide this year.

Senate

● CO-Sen: Republican Sen. Cory Gardner, who has long had a dismal record on climate issues, is continuing to pitch himself as a supporter of the environment in his advertising campaign. Gardner's newest commercial features two conservationists praising him for securing "permanent funding for the Land and Water Conservation Fund."

● GA-Sen-A, IA-Sen, MT-Sen: The Democratic group Duty and Honor is out with ads against three Republican incumbents: Georgia's David Perdue, Iowa's Joni Ernst, and Montana's Steve Daines.

While Perdue has been running spots claiming he wants to cover pre-existing conditions, Duty and Honor takes him to task for trying to take those protections away. The Iowa commercial, meanwhile, goes after Ernst for "calling for Iowa schools to reopen, trying to score political points instead of prioritizing our kids' health and safety."

Finally, the Montana ad argues that Daines voted to give drug companies huge tax breaks when they're causing the opioid crisis and "raised their prices so high that nearly two-in-five Montanans can't afford their prescriptions."

● GA-Sen-B: Sen. Kelly Loeffler uses her newest commercial to accuse Rep. Doug Collins, a fellow Republican, of working with Democrats to undermine her. The narrator begins, "The Trump Justice Department says Kelly Loeffler did nothing wrong," a reference to how the DOJ dropped its investigation into her sale of millions in stock just before the markets tanked due to the coronavirus pandemic.

The ad then goes on to say that Collins "voted with Stacey Abrams in the legislature and Nancy Pelosi in Congress," though it doesn't actually mention anything that Collins saw eye-to-eye with either Democrat on. The spot later features a clip of Donald Trump praising Loeffler for being "so supportive of me and the agenda." Trump hasn't taken sides in the November all-party primary, and he's also talked up Collins.

● IA-Sen: The conservative group One Nation's newest commercial declares, "As an assault survivor and military veteran herself, Sen. Joni Ernst is standing up to sexual assault in the military." It goes on to show a clip of Ernst saying, "Abuse is not something you can simply forget."

● NC-Sen, NC-Gov: East Carolina University has released a new survey of its home state:

NC-Sen: Cal Cunningham (D): 44, Thom Tillis (R-inc): 40 (June: 41-41 tie)
NC-Gov: Roy Cooper (D-inc): 52, Dan Forest (R): 38 (June: 49-38 Cooper)

The sample finds a 47-47 tie in the presidential race, which is a very small shift from Joe Biden's 45-44 edge in June.

● TX-Sen: YouGov has released a new survey for the Texas Hispanic Policy Foundation and Rice University that finds Republican Sen. John Cornyn leading Democrat MJ Hegar 44-37, while Donald Trump holds a 48-41 edge in Texas. YouGov's July survey for CBS, which was taken just before Hegar won the Democratic primary runoff, had Cornyn up by a similar 44-36 margin, though Trump was ahead only 45-44.

● WY-Sen: Last week, Donald Trump backed former Rep. Cynthia Lummis in Tuesday's GOP primary for this open seat. The former congresswoman has a few intra-party opponents in the contest to succeed retiring Sen. Mike Enzi in this extremely red state, but none of them appear to be very strong.

Lummis' most notable foe is Converse County Commissioner Robert Short, a self-described "centrist Republican." Lummis outspent Short, who has self-funded almost his entire campaign, $725,000 to $255,000 from July 1 to July 29, which is the time the FEC defines as the pre-primary period.

Gubernatorial

● MO-Gov: The Republican firm Remington Research's newest poll for the Missouri Scout newsletter finds Republican incumbent Mike Parson leading Democrat Nichole Galloway 50-43, which is a small shift from Parson's 50-41 edge in June. The release did not include presidential numbers.

● VT-Gov: Attorney John Klar announced Friday that he was endorsing Republican Gov. Phil Scott, who defeated him 73-22 in last week's primary, and would not run as a conservative independent in the general election.

House

● MA-01: Holyoke Mayor Alex Morse has released a new survey from Beacon Research that finds Rep. Richie Neal, his opponent in the Sept. 1 Democratic primary, ahead by just a 46-41 margin. The poll was conducted over the weekend, after Morse accepted an apology from the Massachusetts College Democrats for the harm that followed the release of the organization's letter accusing Morse of inappropriate conduct toward students.

Meanwhile, the Justice Democrats, which said late last week that it was resuming its support for Morse, is spending another $150,000 on TV ads attacking Neal. Their newest spot says that "last year, Neal took more money from corporations than any other member of Congress—almost $2 million" while at the same time he "hasn't held a town hall in years."

● MA-04: Former Alliance for Business Leadership head Jesse Mermell is airing her first TV spot ahead of the Sept. 1 Democratic primary. Mermell, who appears to be recording the ad using her smartphone, says that voters struggling to pick between the many candidates could opt for "the one who protected abortion and birth control coverage at Planned Parenthood."

To underscore just how crowded the race is, the audience sees several other copies of Mermell gradually appear in the shot to talk about her support for Medicare for all and the Green New Deal and her endorsements from "[Rep.] Ayanna Pressley, [state Attorney General] Maura Healey, Planned Parenthood, Mass Teachers, Mass Nurses, SEIU." Mermell, who by this time has three other images of herself behind her, concludes, "We approve this message because you got some good options, but one clear choice."

Meanwhile, businessman Chris Zannetos is trying to distinguish himself from his rivals by running to the center. In his new commercial, the narrator touts Zannetos as the one candidate opposed to "eliminat[ing] private health insurance." Zannetos goes on to say he backs Joe Biden's plan and says, "Let's expand Obamacare and lower the cost of prescription drugs."

● MO-02: House Majority PAC has released a survey from the Democratic firm Public Policy Polling that shows Democrat Jill Schupp leading Republican Rep. Ann Wagner 48-45. The sample also finds Joe Biden ahead 48-46 in a suburban St. Louis seat that supported Donald Trump 53-42 but has been moving to the left in recent years. This is the first survey we've seen here since February, when the GOP firm Remington Research's poll for the Missouri Scout newsletter had Wagner up 50-40.

● NH-01: On Monday, former state GOP vice chair Matt Mayberry earned an endorsement in the Sept. 8 Republican primary from former Sen. John Sununu, who represented a previous version of this seat before he was elected to his one term in the Senate in 2002.

Mayberry faces a challenging battle against former White House aide Matt Mowers, who has Donald Trump's backing, for the right to take on freshman Democratic Rep. Chris Pappas in this swing seat. Mowers ended June with a wide $440,000 to $73,000 cash-on-hand lead over his intra-party rival, while Pappas had a far-larger $1.5 million campaign account.

● NJ-07: In his opening commercial, freshman Democratic Rep. Tom Malinowski decries, "Some people just want to divide us, even over wearing a mask. It's exhausting." Malinowski goes on to call for "getting things done" instead, and continues, "I passed a bill to fix America's stockpile of critical medical equipment."

Other Races

● Broward County, FL State's Attorney: Eight Democrats are competing in Tuesday's primary to succeed Mike Satz, who is retiring after 44 years as Broward County's top prosecutor, and most of the outside money has favored one candidate.

George Soros, the billionaire progressive donor who has poured millions into backing criminal justice reformers in many recent key races around the country in recent years, has been funding a group called the Florida Justice & Public Safety PAC that has raised $750,000 to support defense attorney Joe Kimok. Kimok, who had planned to challenge Satz before the incumbent decided not to seek re-election, is the one candidate who has pledged not to seek the death penalty if elected.

Rafael Olmeda of the South Florida Sun-Sentinel reports that a group known as Victims Have Rights has raised a considerably smaller $110,000 to help veteran prosecutor Sarahnell Murphy, who has Satz's endorsement. The PAC has run mailers against Kimok and another contender, Coconut Creek City Commissioner Joshua Rydell.

● Orange/Osceola Counties, FL State's Attorney: State Attorney Aramis Ayala is retiring as state's attorney for the Ninth Circuit, which covers both Orlando's Orange County and neighboring Osceola County, and four fellow Democrats are competing in Tuesday's party primary to succeed her. No Republicans are running in the November election, and the winner will be the heavy favorite to defeat independent Jose Torroella.

The Appeal's Samantha Schuyler writes that the one candidate who has pledged to keep Ayala's criminal justice reforms in place is former defense attorney Monique Worrell, and she's getting some major late support from like-minded allies.

The Orlando Sentinel reports that Our Vote Our Voice, a group funded in part by a group founded by billionaire philanthropist George Soros, launched a $1.5 million ad campaign in the last two weeks in the contest to help Worrell. Some of the group's commercials have gone towards promoting Worrell while others have gone after attorney Belvin Perry, who served as the judge during the high-profile Casey Anthony murder trial that took place here in 2011.

The other two Democratic candidates are Deb Barra, who serves as chief assistant state attorney, and former prosecutor Ryan Williams. Ayala initially backed Barra, but the incumbent later threw her support to Worrell after she launched her own campaign.

Barra, Perry, and Williams are all arguing that Ayala's decision never to seek the death penalty has harmed the office; Williams even resigned in 2017 over this policy. This trio has pointed to Ayala's struggles against the GOP-led state government to make their case. After Ayala announced that her office would not seek the death penalty, then-Gov. Rick Scott transferred 23 first-degree murder cases to a considerably more conservative state's attorney in another jurisdiction. The Florida Supreme Court sided with Scott after Ayala sued over this, and Gov. Ron DeSantis has continued to remove first-degree murder cases from her jurisdiction.

Worrell herself has said of the Republican governors' actions, "It put me on notice that the rules of the game have changed significantly … And those opposed [to criminal justice reform] will use any means necessary." However, Schuyler writes that even Worrell "is running on a platform that is significantly less assertive than Ayala's and has backed away from Ayala's death penalty position."

Election Changes

● Indiana: Republicans on the Indiana Election Commission have blocked a proposal by Democrats that would have allowed all voters to request an absentee ballot for the November general election without needing an excuse. The measure failed after the bipartisan panel deadlocked, with both Republican members voting against the plan and both Democrats voting for it. The Commission had unanimously waived the excuse requirement for the state's June primary.

Voting rights advocates filed a federal lawsuit challenging the requirement in late April, and briefing on their request concluded at the end of last month, so a ruling may be imminent.

● Kentucky: Democratic Gov. Andy Beshear and Republican Secretary of State Michael Adams have reached an agreement that will permit Kentucky voters to cite concerns about the coronavirus to request an absentee ballot for the November general election.

Beshear had wanted to waive the excuse requirement altogether, as the state had done for its June primary. However, a law passed earlier this year by Kentucky's Republican-run legislature required the governor to obtain approval for such a change from Adams, who had resisted a wider expansion of mail voting. The difference may nonetheless be minimal, as many other states have relaxed their own excuse requirements by allowing concerns about COVID to qualify and seen a surge in mail ballots.

● Louisiana: Republican Secretary of State Kyle Ardoin has proposed a plan to Louisiana's Republican-run legislature that would keep in place the state's requirement that voters present an excuse to request an absentee ballot and would expand eligibility only to those who have tested positive for COVID-19. Earlier this year, lawmakers approved a plan put forth by Ardoin that offered a limited expansion of absentee voting for the state's July primary for those at heightened risk from the coronavirus after Republicans rejected a broader proposal.

Legislators are slated to take up Ardoin's latest plan this week, and Democratic Gov. John Bel Edwards says he is reviewing it. Before it was released, Edwards said he hoped it "would look substantially similar to the one" put in place for the primaries. However, that earlier plan did not require the governor's approval, nor does the new one. Voting rights advocates, including the NAACP, filed a suit challenging Louisiana's excuse requirement in federal court earlier this month.

● New York: Democratic Gov. Andrew Cuomo says he will sign a measure passed by New York's Democratic-run legislature to allow all voters to cite concerns about the coronavirus in order to request an absentee ballot. Cuomo had signed an executive order earlier this year making the same allowance ahead of the state's June primary.

Last month, lawmakers passed several other bills to improve voting access, which the governor must sign or veto soon. Another measure that would allow county election officials to deploy ballot drop boxes has yet to come up for a vote, but Cuomo says he supports the idea.

grab bag

● Deaths: Former Illinois Gov. James Thompson, a moderate Republican whose tenure from 1977 to 1991 was the longest in state history, died Friday at the age of 84. We take a look at his lengthy and eventful career in our obituary, which features appearances by Spiro Agnew, Lyndon LaRouche, the founder of Weight Watchers, and Lenny Bruce.

Thompson successfully won four terms as governor, but his last two campaigns were quite eventful. In 1982, Thompson defeated former Democratic Sen. Adlai Stevenson III by just over 5,000 votes in a contest that wasn’t resolved until days before he was inaugurated for a third term.

Thompson and Stevenson faced off again four years later in a rematch that became infamous for reasons that had nothing to do with either man. While Stevenson easily earned the nomination, a candidate affiliated with the fringe political activist Lyndon LaRouche won the primary to become his running mate. Stevenson opted to run as an independent rather than “run on a ticket with candidates who espouse the hate-filled folly of Lyndon LaRouche.” You can find out more about this campaign, as well as the rest of Thompson’s career, in our obituary.

Ad Roundup

MT-Sen: One Nation - pro-Steve Daines (R-inc)
MT-Gov: RGA - anti-Mike Cooney (D)
CA-21: David Valadao (R)
ME-02: Jared Golden (D-inc)
VA-02: Elaine Luria (D-inc)

Morning Digest: After blocking liberal bills, conservative Dem lawmakers lose New Mexico primaries

Posted on June 4, 2020 by Daily Kos Elections

Leading Off

● NM State Senate: Conservative Democrats in the New Mexico State Senate have blocked some important pieces of legislation, but progressives scored several key wins in Tuesday's primaries. Five incumbents lost to progressive challengers: Richard Martinez, Gabe Ramos, and Clemente Sanchez, who lost renomination to opponents who each took more than 60% of the vote; Senate Finance Committee chair John Arthur Smith, who lost 55-45; and finally Senate President Pro Tem Mary Kay Papen, the highest-ranking Democratic senator in the chamber, who lost 49-44.

Campaign Action

Republicans may make a play for some of these seats in the fall. Smith's SD-35 in the southwestern corner of the state backed Donald Trump 50-41, while Sanchez and Ramos' districts were very closely divided in the 2016 presidential contest. The other two constituencies, though, were overwhelmingly Democratic, and it would be a huge surprise if Team Blue's 26-16 majority is threatened.

Despite the partisan makeup of the chamber, though, conservatives have stopped progressive legislation supported by Democratic Gov. Michelle Lujan Grisham and the state House, where the party also holds a sizable majority. Conservative Democrats have been blamed for weakening legislation to increase the minimum wage and of blocking efforts to legalize marijuana.

Perhaps worst of all, though, is the conservatives' actions on abortion rights. Last year, the House passed a bill to repeal a 1969 law that made it a felony to perform an abortion in most cases. However, all five of the aforementioned Senate Democrats, as well as three others, joined with the GOP minority to kill the legislation. The current anti-abortion law is unenforceable thanks to Roe v. Wade, but there's the terrifying possibility that a U.S. Supreme Court decision could make provisions like this one more than just a legal relic.

However, Tuesday's results, as well as a successful showing in November, could give progressives the chance to finally shape the agenda in New Mexico.

Election Changes

Please bookmark our litigation tracker for a complete compilation of the latest developments in every lawsuit regarding changes to election and voting procedures.

● California: Democratic Gov. Gavin Newsom has issued an order allowing county election officials to reduce the number of in-person voting sites for the November general election, but in exchange, they must provide at least three days of early voting. Democratic Secretary of State Alex Padilla also said that there would be at least one in-person polling place for every 10,000 residents.

Meanwhile, a committee in California's Democratic-run state Senate has approved a bill requiring counties to send ballots to all voters for the November election. Newsom previously issued an order instituting the same mandate, but that order has been challenged by two Republican lawsuits that claim Newsom usurped the legislature's powers. If lawmakers pass legislation similar to Newsom's order, that could help insulate the state's vote-by-mail plans from further legal attack.

● Michigan: A new federal lawsuit brought by the Democratic super PAC Priorities USA on behalf of a pair of civic organizations and three voters is seeking to have the state of Michigan pay for return postage on absentee ballots and accept all ballots postmarked by Election Day and received within 14 days, both for the state's Aug. 4 primary and the November general election.

Currently, ballots must be received by election officials no later than Election Day in order to count. Plaintiffs argue that their unusually long proposed receipt deadline is justified because state law does not require election results to be certified until 14 days after Election Day.

● Ohio: Ohio's Republican-led state House is preparing to advance a bill that would eliminate three days of early voting right before Election Day and end the state's practice of sending absentee ballot applications to all active voters. Republican Secretary of State Frank LaRose and an organization representing election officials both expressed their opposition to the measure, saying it would lead to longer lines at polling places.

The bill's sponsor, Republican state Rep. Cindy Abrams, claims that cutting early voting would "clarify existing law" and that no longer mailing ballot applications would "save the state money." According to cleveland.com, Ohio spent $1.1 million to send out applications in 2016, the previous presidential election year. The state's most recent annual budget was $78.8 billion.

The legislation's claimed goal is to establish a set of emergency procedures that would allow for an all-mail election during the pendency of a public health crisis like the current pandemic. Republican Gov. Mike DeWine would have to issue a recommendation that the election be conducted by mail at least 60 days before Election Day, and the legislature would have to approve any such recommendation.

However, the state would not send ballots or even ballot applications to voters. Instead, the secretary of state would send postcards to voters explaining how they can request absentee ballots—similar to the heavily criticized procedures the state deployed for its canceled-then-rescheduled primaries earlier this year.

● Pennsylvania: On Tuesday, a state court judge ruled that officials in Bucks County could count mail ballots cast in Pennsylvania's June 2 primary so long as they were postmarked by June 1 and are received by June 9. Bucks was not included in a Monday order by Democratic Gov. Tom Wolf that granted a similar extension to six other counties.

However, one of those counties, Delaware, sought and received further relief in the courts. Officials there had said they would be unable to send out 400 to 500 mail ballots in time for voters to return them and therefore planned not to send them at all. However, after a different state judge ruled that any such ballots could be counted as long as they are received by June 12—regardless of when they are postmarked—Delaware officials decided to send them out. The ruling is potentially subject to challenge since it allows voters to cast ballots after Election Day.

● Vermont: Vermont's Democratic-run state Senate has passed a bill that would remove Republican Gov. Phil Scott's power to block Democratic Secretary of State Jim Condos from ordering that the November general election be conducted by mail, a plan Condos has long sought to implement. The state House, which is also controlled by Democrats, reportedly will also approve the measure. Scott has said he does not oppose the effort to remove him from the decision-making process.

Senate

● CO-Sen: Former state House Speaker Andrew Romanoff is out with his first TV spot ahead of the June 30 Democratic primary. Romanoff talks about his work improving mental healthcare and declares, "But it shouldn't take a crisis to teach us our healthcare system is broken." Romanoff concludes by saying that "when you're fighting for your life, you shouldn't worry about how to pay for it."

● GA-Sen-A: The GOP firm Cygnal is out with a survey of Tuesday's Democratic primary to face Republican Sen. David Perdue that shows investigative filmmaker Jon Ossoff very close to the majority of the vote he needs to avoid an August runoff. Cygnal, which conducted a general election poll for the Georgia House GOP Caucus about a month ago, tells us this poll was done for "an interested party," and the firm said it was not involved in this primary.

Cygnal finds Ossoff taking 49% of the vote, while former Columbus Mayor Teresa Tomlinson leads 2018 lieutenant governor nominee Sarah Riggs Amico 16-8 for second. The only other poll we've seen of this contest was a March University of Georgia survey that had Ossoff at 31%, while Tomlinson edged Amico 16-15. Cygnal also showed Ossoff beating Tomlinson 58-24 in a hypothetical runoff.

● MN-Sen: Candidate filing closed Tuesday for Minnesota's Aug. 11 primaries, and the state has a list of contenders available here.

Appointed Democratic Sen. Tina Smith won the 2018 special election 53-42, and she's now seeking her first full term. Donald Trump and the rest of the party establishment have consolidated behind former Rep. Jason Lewis, who lost his re-election last cycle 53-47 to Democrat Angie Craig and faces minimal intra-party opposition in August.

Lewis, a former conservative radio host who has a long record of racist and misogynist tirades, hasn't attracted much outside help so far, though. Smith ended March with a wide $4.6 million to $714,000 cash-on-hand lead, and no major outside groups on either side have booked airtime here. Trump came surprisingly close to winning Minnesota in 2016, but he'll almost certainly need to flip the state this time for Lewis to have a shot. Daily Kos Elections rates this contest as Likely Democratic.

● MT-Sen: The Democratic group Majority Forward's new ad declares that GOP Sen. Steve Daines "voted for a $500 billion dollar slush fund to bail out big corporations, even Wall Street, on top of trillions in special tax breaks Daines voted to give them already." The narrator continues, "But Daines voted against paid leave for Montanans and refused to support relief for our hospitals and nurses."

● NC-Sen, NC-Gov: The GOP firm Harper Polling is out with another survey for the conservative Civitas Institute, and it gives GOP Sen. Thom Tillis a small 38-36 edge against Democrat Cal Cunningham. Democratic Gov. Roy Cooper also leads Republican Dan Forest 49-37, while the sample favors Donald Trump 47-44. Back in mid-April, Harper showed Tillis and Cooper ahead 38-34 and 50-33, respectively, while Trump held a 49-42 advantage.

House

● HI-02: Democratic state Sen. Kai Kahele, who launched his campaign early last year as a challenge to Rep. Tulsi Gabbard, now finds himself on a glide path to Congress after Tuesday's candidate filing deadline passed with no serious alternatives entering the race for Hawaii's safely blue 2nd Congressional District.

Gabbard's endless string of apostasies—from cozying up to Syrian dictator Bashar al-Assad to bashing Barack Obama for refusing to use the phrase "radical Islamic terrorism"—had made her a favorite of Fox News and anathema to progressives. However, she remained popular at home, making her a daunting target for any would-be rivals.

But Kahele, a combat pilot with the Air National Guard who's flown missions in Iraq and Afghanistan, was undeterred. He kicked off a bid in January of 2019, just after Gabbard embarked on a vanity run for president. That created an opening for Kahele, who was able to meet voters across the district while Gabbard was spending time in New Hampshire diners, underscoring a common complaint that Gabbard was more interested in boosting her national profile than in addressing problems at home.

Under Hawaii law, Gabbard was able to both pursue the presidency and seek re-election at the same time, though she long kept the political world guessing as to what she'd ultimately do. Finally, in October, she announced she wouldn't run for a fifth term, though it wasn't until after Tuesday's filing deadline that Kahele could be sure she wouldn't have a last-minute change of heart. (Gabbard of course eventually bailed on her presidential ambitions, too.)

Most surprisingly, in the long stretch from Gabbard's retirement announcement until now, not a single notable Hawaii Democrat joined Kahele in running for what had become an open seat, and few even considered it. Kahele's early start may have played a role, since he'd been able to amass a sizable war chest by the time Gabbard called it quits. He'd also earned support from several key figures in the state's political establishment, a movement that crescendoed in the spring when Hawaii's entire congressional delegation—minus Gabbard, of course—endorsed him.

While several other candidates did enter the race, none have even filed a single fundraising report with the FEC, making Kahele the prohibitive favorite to win the Aug. 8 primary. Assuming he does, he'll also be a lock for the November general election, given that Hillary Clinton carried the 2nd District by a 61-30 margin.

Victory in the fall would make Kahele just the second Native Hawaiian to represent the state in Congress after the late Sen. Dan Akaka. He'd also be he first from Hawaii's more rural Neighbor Islands, the term for every island apart from Oahu, which is home to the capital of Honolulu—and to every U.S. senator and representative the state has ever had.

● IA-04: While state Sen. Randy Feenstra is no less extreme than the notorious figure he beat in Tuesday's primary, he does a much better job of saying the quiet parts quietly than soon-to-be-former Rep. Steve King. As such, that makes him what passes for a bog-standard Republican these days: build the wall, ban sanctuary cities, ban abortion, ban gay marriage, and swear undying fealty to Donald Trump—Feenstra's on board with the whole program.

And that in turn makes him a sure fit for Iowa's conservative 4th Congressional District, a heavily Republican area that's only grown more so in the Trump era. King's ability to generate funds for Democrats just by opening his mouth, plus a perception at home that he'd grown more interested in buffing his reputation with international members of the far-right than the concerns of his district, nearly cost him his career against Democrat J.D. Scholten in 2018, when he survived by just a 50-47 margin. That backdrop gave Scholten an opening once again, however slight.

But as the GOP's new nominee, Feenstra, won't trail the top of the ticket, where Trump is sure to dominate. Daily Kos is Elections is therefore changing our rating on this race from Likely Republican to Safe Republican.

● MN-01: Republican Jim Hagedorn defeated Army veteran Dan Feehan 50.1-49.7 in a 2018 open seat contest, and Feehan is back for a rematch. Feehan, who faces no primary opposition, ended March with a wide $1.1 million to $787,000 million advantage, and outside groups on both sides have booked TV time in this area.

Despite his tiny win last cycle, though, Hagedorn has the edge this time. This southern Minnesota seat swung from 50-48 Obama to 53-38 Trump, so Feehan will likely need to win over a significant number of Trump voters to win this time. Daily Kos Elections rates this contest as Lean Republican.

● MN-02: Democrat Angie Craig unseated Republican Rep. Jason Lewis 53-47 in 2018 to flip a suburban Twin Cities seat that both Barack Obama and Donald Trump narrowly carried, and Republicans don't seem to have a strong candidate to try to take it back. The only Republican in the running is Marine veteran Tyler Kistner, who ended March with a wide $2 million to $100,000 cash-on-hand deficit in a contest we rate as Likely Democratic.

● MN-03: Democrat Dean Phillips unseated GOP incumbent Erik Paulsen 56-44 after an expensive race, but the new incumbent doesn't appear to be in any danger this time.

The only notable Republican in the race is healthcare executive Kendall Qualls, who trailed Phillips $346,000 to $242,000 in cash-on-hand at the end of March. While Phillips didn't have a large war chest for an incumbent, the district's shift to the left will make it hard for Qualls to gain traction: This suburban Twin Cities seat moved from 50-49 Obama to 51-41 Clinton, and Daily Kos Elections rates this contest as Safe Democratic.

● MN-05: Rep. Ilhan Omar, who has been one of the most high-profile members of the freshman Democratic class, faces four opponents in the primary for this safely blue Minneapolis seat. Omar's most high-profile foe is attorney Antone Melton-Meaux, who has argued that Omar "appears to be more focused on her own celebrity than on serving the district." Omar ended March with a wide $1.3 million to $200,000 cash-on-hand lead over Melton-Meaux.

● MN-07: Democratic Rep. Collin Peterson has held this rural western Minnesota seat for 30 years even as it has become more and more Republican, and he faces his greatest test this fall. The GOP establishment, including Donald Trump, has consolidated behind former Lt. Gov. Michelle Fischbach in this 62-31 Trump seat. A few other Republicans are running including self-funding physician Noel Collis and 2016/2018 nominee Dave Hughes, but it's unlikely they'll be able to stop Fischbach.

Peterson, who chairs the important House Agriculture Committee, ended March with a wide $1.1 million to $312,000 cash-on-hand lead over Fischbach. However, this seat gave Trump the highest vote share of any House district that Democrats currently hold, and with Trump almost certain to easily carry this seat again, it's likely that Republicans will invest plenty of money in their campaign to unseat the longtime incumbent. Daily Kos Elections rates this contest as a Tossup.

● MN-08: Republican Pete Stauber flipped this seat 51-45 last cycle, and the new incumbent looks secure this time. The Democrats are fielding diabetes research advocate Quinn Nystrom, who is a former member of the Baxter City Council. Stauber ended March with a wide $849,000 to $103,000 cash-on-hand lead in a northeast Minnesota seat that swung from 52-46 Obama to 54-39 Trump, and Daily Kos Elections rates this contest as Safe Republican.

● NJ-05: Glen Rock Councilwoman Arati Kreibich, who is challenging Rep. Josh Gottheimer in the July 7 Democratic primary, is out with a survey from Data for Progress that shows her losing 64-17. Kreibich argues that she makes gains when voters learn about her, though she still trails when respondents are exposed to positive and negative messaging about both contenders.

● NY-16: Veteran Democratic Rep. Eliot Engel, on his first visit back to his district in months, was caught on camera Tuesday pleading with Bronx Borough President Ruben Diaz Jr. for the chance to speak at a press conference, telling Diaz twice, "If I didn't have a primary, I wouldn't care."

While Engel was referring to his lack of a speaking slot at the event, which was convened after a night of looting along the Fordham Road retail corridor, the gaffe was quickly refracted as a commentary on Engel's feelings about his race and his constituents. Engel tried to explain away the remarks, saying, "In the context of running for re-election, I thought it was important for people to know where I stand, that's why I asked to speak," but his leading opponent, educator Jamaal Bowman, immediately seized on the blunder to call the 16-term incumbent out of touch and said he raised $150,000 in the 24 hours following the incident.

Last month, Engel was the subject of an unflattering profile in the Atlantic highlighting the fact that he had holed up in his DC-area home for the duration of the pandemic, not even returning to New York when the state's first coronavirus epicenter was identified in the city of New Rochelle, which is in his district. (Many other members of New York's delegation, including several fellow committee chairs, had managed to split time between Washington and their home turf.)

Bowman's campaign had in part centered around Engel's alleged absenteeism even before the pandemic, immediately making Tuesday's hot mic comments part of a pre-existing narrative about the race. But Bowman only has three more weeks to make his case ahead of the June 23 primary for the safely blue 16th District, and Engel had a roughly five-to-one cash advantage as of the end of March. However, the financial picture—and the race itself—might now look very different going forward.

P.S. Oddly, the event Engel was attending wasn't even in his district: It was held at an intersection on the border of the 13th and 15th Districts. 13th District Rep. Adriano Espaillat was in attendance, as were a long list of other local politicians. It's understandable, then, why Diaz told Engel, "I cannot have all the electeds talk because we will never get out of here" and snapped back, "Don't do that to me—everybody has a primary" when Engel tried to plead his case.

● NY-17: In his second TV spot for the June 23 Democratic primary, attorney Mondaire Jones tells the audience, "I'm grateful to the grocery store workers and delivery people who help us get through this crisis. Don't they deserve affordable healthcare? Doesn't everyone?" Jones talks about growing up on food stamps and declares, "No one should lose their healthcare because they've lost their job." Jones concludes by saying he's the one Democrat in the contest who backs Medicare for All.

● NY-27: On Tuesday, Donald Trump implored his Twitter followers to vote for state Sen. Chris Jacobs on June 23. Trump had already endorsed Jacobs in February for the special general election to succeed disgraced Rep. Chris Collins, though the political calendar looked different at the time. Back then, the special was set for late April while the regular primary was in June, but the coronavirus pandemic led Gov. Andrew Cuomo to consolidate the two contests.

Jacobs' primary opponents have insisted that Trump's earlier endorsement only applied to the special, but that's a tougher argument to make now. Trump himself didn't refer to either the special or the primary, though, he simply tweeted, "Chris has my Complete and Total Endorsement! Vote for Chris on June 23!"

● TX-10: 2018 Democratic nominee Mike Siegel picked up an endorsement this week from freshman Rep. Veronica Escobar. Siegel faces physician Pritesh Gandhi in the July 14 Democratic primary runoff to take on veteran GOP Rep. Michael McCaul.

Election Result Recaps

● Baltimore, MD Mayor: With 80,000 votes counted, former Mayor Sheila Dixon leads City Council President Brandon Scott 30-25 in the Democratic primary for mayor. It's not clear how many votes remain to be counted, though the head of the city's board of elections says that it will resume tabulating mail-in ballots on Thursday. Whoever emerges with the Democratic nomination should have no trouble winning the general election in this very blue city.

● Ferguson, MO Mayor: Ferguson elected its first-ever black mayor, as well as its first woman leader, on Tuesday when City Councilwoman Ella Jones defeated colleague Heather Robinett 54-46. Voters in this St. Louis suburb also made history by electing a black majority to the local school board.

Ferguson attracted global attention in 2014 after a white police officer shot and killed unarmed black teenager Michael Brown, sparking focus for Black Lives Matter. One big fact stood out amidst the city's botched handling of the protests that followed Brown's death: While Ferguson is two-thirds black and heavily Democratic, this municipality of 21,000 was led by a white Republican mayor, James Knowles. Five of Ferguson's six city councilmembers were also white, as were six of the seven local school board members. In large part because local elections didn't take place the same day as state or federal ones, very low turnout produced a majority-white electorate.

However, reformers made gains the next year when Jones and another black candidate won seats on the City Council in a contest that attracted much higher turnout than normal. Another African American joined the body the next year, which gave it a black majority for the first time. In 2017, though, Jones challenged Knowles for re-election and lost 56-44. But Knowles, who has been in office since 2011, was termed-out this year, and Jones won a three-year term to succeed him.

● IA-Sen: Businesswoman Theresa Greenfield won the Democratic nomination to face GOP Sen. Joni Ernst by defeating retired Navy Vice Adm. Michael Franken 48-25. Greenfield had the support of national Democratic groups like Senate Majority PAC, which spent close to $7 million on her behalf, and EMILY's List.

Greenfield will be in for a difficult race against Ernst in a state that moved hard to the right in 2014 and 2016, but as SMP's big primary investment demonstrates, this is a contest that outside groups are taking very seriously. The DSCC and SMP have booked $20.4 million to unseat Ernst, while the senator's allies at the NRSC and the Senate Leadership Fund have reserved a total of $15.2 million to defend her. The only survey we've seen here all year, an early May poll from the Democratic firm Public Policy Polling, had Ernst ahead just 43-42. Daily Kos Elections rates this contest as Lean Republican.

● IA-02: State Sen. Mariannette Miller-Meeks, who was the party's nominee here in 2008, 2010, and 2014, won the GOP nod for this competitive seat once again by beating former Illinois Rep. Bobby Schilling 48-37. Miller-Meeks will take on former state Sen. Rita Hart, who had no Democratic primary opposition, in the contest to succeed retiring Democratic Rep. Dave Loebsack.

This southeastern Iowa seat swung from 56-43 Obama to 49-45 Trump, and it will be one of the House GOP's top targets. However, this terrain has been more difficult for Team Red downballot. Loebsack turned back Miller-Meeks 52-47 during the 2014 GOP wave, and 2018 Democratic gubernatorial nominee Fred Hubbell, who had Hart on his ticket as his nominee for lieutenant governor, carried the district 51-47 as he was narrowly losing statewide. Daily Kos Elections rates this contest as Lean Democratic.

● IN-01: In a surprise, North Township Trustee Frank Mrvan defeated Hammond Mayor Thomas McDermott 34-29 in the Democratic primary to succeed retiring Rep. Pete Visclosky in this safely blue seat. Mrvan will take on Republican Mark Leyva, who has run here during 10 of the last 12 election cycles and never come close to winning.

McDermott, a self-described moderate who considered challenging Visclosky before the incumbent retired, looked like the frontrunner for this northwest Indiana seat. The mayor deployed the most cash, and he also received a $525,000 boost from third-party groups—mostly from VoteVets and an organization called Democratic Progress, whose treasurer works for a super PAC that backs independent candidates. Another candidate, state Rep. Mara Candelaria Reardon, also benefited from outside support.

Mrvan, meanwhile, raised very little money, though some allied PACs dropped about $110,000 to help him. However, Mrvan had the support of Visclosky and the local branch of the United Steelworkers of America, which is a prominent force in a district with a large steel industry. Mrvan may have benefited from some family name recognition: His father and namesake is local state Sen. Frank Mrvan, who was first elected in 1978 and has served in the legislature almost continuously since then.

● IN-05: State Sen. Victoria Spartz won a truly ugly GOP primary to succeed retiring GOP Rep. Susan Brooks in this open seat by defeating businesswoman Beth Henderson 41-18. Spartz will take on former state Rep. Christina Hale, who beat 2018 nominee Dee Thornton 39-28 in a race that didn't attract much outside attention.

Spartz used her personal resources to decisively outspend all of her opponents, while her allies at the anti-tax Club for Growth ran ads attacking Henderson and another candidate, former Marion County Prosecutor Carl Brizzi. Henderson, who was backed by Sen. Mike Braun, in turn launched a xenophobic and misogynist ad against the Ukrainian-born Spartz.

This suburban Indianapolis seat was safely red turf until the Trump era, but Democrats are hoping to score a pickup here this fall. This district moved from 58-41 Romney to 53-41 Trump, and former Democratic Sen. Joe Donnelly narrowly prevailed here 48.4-47.9 in 2018 even though he lost 51-45 statewide. So far, no major outside groups on either side have booked TV time in the Indianapolis media market, which covers the entire district, though there's still plenty of time for that to change. Daily Kos Elections rates this contest as Lean Republican.

● MD-07: Democratic Rep. Kweisi Mfume, who recently returned to the House after a 24-year absence, beat former state party chair Maya Rockeymoore Cummings 78-9 in the primary for this safely blue Baltimore seat. Mfume defeated Rockeymoore Cummings 43-17 back in February in the special primary to succeed her late husband, Rep. Elijah Cummings.

● MT-Gov: Rep. Greg Gianforte won the GOP primary by defeating Attorney General Tim Fox 53-27, while Lt. Gov. Mike Cooney beat businesswoman Whitney Williams 55-45 to secure the Democratic nod. Gianforte and Cooney will face off in the fall in the contest to succeed termed-out Democratic Gov. Steve Bullock, who is Team Blue's nominee for the Senate.

Republicans last won the governorship in Montana in 2000, but that losing streak may finally come to an end in 2020 thanks to the state's increasingly red trend. Gianforte, who threw down $1.5 million of his own money for the primary, also may be able to decisively outspend Cooney. Daily Kos Elections rates this contest as Lean Republican.

However, while Gianforte is the favorite in the fall, he's hardly invincible. The now-congressman was the party's nominee back in 2016, and Democrats ran a barrage of ads portraying the former New Jersey resident as a greedy outsider eager to deny the public access to waterways for fishing and swimming that were located near his "riverfront mansion"—so much so that he in fact went to court. Gianforte ultimately lost to Bullock 50-46 even though Trump carried Montana by a dominant 56-35 margin.

Undeterred by his loss, Gianforte ran in a special election for Montana's lone House seat when Rep. Ryan Zinke temporarily got beamed up to Trump's cabinet. Gianforte made international news the night before Election Day by body-slamming reporter Ben Jacobs after he asked Gianforte a question about Obamacare. Gianforte filed a statement with the police afterwards in which he claimed that Jacobs had provoked the attack—an utter lie, and a particularly shameful one since several witnesses were present and the incident was also captured on audiotape.

Gianforte ended up winning 50-44, but since most voters had already cast their ballots ahead of Election Day, it's not clear how much damage this story did or didn't do to the Republican's political fortunes. A few months after the election, Gianforte pleaded guilty to misdemeanor assault. The congressman paid a $385 fine and was sentenced to 40 hours of community service as well as another 20 hours of training for anger management. However, Gianforte was never charged with lying to the police. He and Jacobs also reached a settlement in which Gianforte accepted responsibility for his actions and agreed to donate $50,000 to the Committee to Protect Journalists, heading off a lawsuit by Jacobs.

Gianforte faced an expensive re-election contest last cycle against Democrat Kathleen Williams, who ran ads going after the incumbent for his attack on Jacobs. However, one high-profile Republican was very much not bothered by Gianforte's transgressions. Donald Trump ventured to Montana in October and told a rally, "Greg is smart and, by the way, never wrestle him." In case that was too subtle, Trump pantomimed throwing someone to the ground and added, "Any guy that can do a body slam—he's my guy." Gianforte went on to beat Williams by a modest 51-46 margin.

● MT-AL: State Auditor Matt Rosendale, who was the GOP's nominee for Senate last cycle, defeated Secretary of State Corey Stapleton 48-33 in the primary for this open seat. Rosendale, who had Donald Trump's endorsement, will take on 2018 Democratic nominee Kathleen Williams, who defeated state Rep. Tom Winter by a lopsided 89-11 margin.

Williams held GOP Rep. Greg Gianforte, who gave up this seat to run for governor, to a 51-46 win last cycle. However, while Rosendale's 50-47 loss against Democratic Sen. Jon Tester shows he can be defeated in this red state, he'll probably be harder for Williams to attack than the notorious Gianforte was. Daily Kos Elections rates this contest as Likely Republican.

● NM-02: 2018 GOP nominee Yvette Herrell beat businesswoman Claire Chase 45-32, which earned Herrell a rematch against freshman Democratic Rep. Xochitl Torres Small. This was a truly ugly primary, with both candidates calling one another enemies of Trump; Herrell was even accused of spreading rumors about Chase's first marriage.

This southern New Mexico seat backed Donald Trump 50-40, but Herrell lost it to Torres Small 51-49 two years later. Team Blue was eager to face Herrell again following that defeat, and the Democratic group Patriot Majority even ran ads during the final weeks of the primary designed to help Herrell against Chase. A GOP establishment-flavored group called Defending Main Street tried to counter with anti-Herrell ads, but it was too little, too late.

Still, while Democrats have the opponent they want, Herrell could still win in a seat this red. Torres Small is a very strong fundraiser, though, and she proved in 2018 that she's able to secure crossover votes. Daily Kos Elections rates this contest as a Tossup.

● NM-03: Attorney Teresa Leger Fernandez won the Democratic primary to succeed Senate nominee Ben Ray Luján in this reliably blue seat by beating former CIA agent Valerie Plame 42-25.

This was a very expensive contest and Plame, who was at the center of a national firestorm that lasted for years during the presidency of George W. Bush after her name was publicly leaked, decisively outspent Leger Fernandez. However, several outside groups, including EMILY's List, spent heavily on ads touting Leger Fernandez's local roots in northern New Mexico.

P.S. Tuesday's primary results mean that all of New Mexico's House seats will almost certainly be represented next year by women of color, which would be a first in American history for a state with more than two districts. Leger Fernandez is Latina, while 1st District Rep. Deb Haaland, who holds a safely blue seat, is a member of the Laguna Pueblo Native American people. Over in the 2nd District, Democratic Rep. Xochitl Torres Small is the granddaughter of Mexican immigrants, while GOP nominee Yvette Herrell is a member of the Cherokee Nation.

● PA-01: In a surprise, GOP Rep. Brian Fitzpatrick held off underfunded businessman Andrew Meehan, who was challenging the "anti-Trump, Trump hating RINO" congressman for renomination, just 57-43. On the Democratic side, Christina Finello, who has worked as a Bucks County housing department official, beat businessman Skylar Hurwitz 77-23.

While much of the party base seems quite angry at Fitzpatrick, who has always portrayed himself as a moderate, it remains to be seen if Democrats can exploit his problems. Finello, who became the party's frontrunner after the two most prominent contenders dropped out, raised a total of just around $210,000 through mid-May, and we'll need to see if she can do better now that she's the nominee. Fitzpatrick, meanwhile, is a very strong fundraiser who will have all the money he needs to defend himself.

This seat, which is centered around Bucks County north of Philadelphia, narrowly backed both Barack Obama and Hillary Clinton, but Fitzpatrick won an expensive contest 51-49 during the 2018 Democratic wave. With the cash battle so lopsided, at least for now, Daily Kos Elections rates this contest as Likely Republican.

● PA-07: Businesswoman Lisa Scheller defeated 2018 primary runner-up Dean Browning, who is also a former member of the Lehigh County Commission, 52-48 in the GOP primary to face freshman Democratic Rep. Susan Wild. Scheller, who has self-funded much of her campaign, decisively outspent Browning, and she also had the backing of House Minority Leader Kevin McCarthy. Scheller picked up an endorsement in the final days of the contest from Donald Trump, a tweet that may have made all the difference in this close race.

This Lehigh Valley district shifted from 53-46 Obama to just 49-48 Clinton, but Wild decisively won an open seat race last cycle after national Republicans abandoned their nominee. Scheller may prove to be a better contender, but Wild has over $1.5 million to defend herself in a race we rate as Lean Democratic.

● PA-08: Former Trump administration official Jim Bognet beat former police officer Teddy Daniels 28-25 in the GOP primary to take on Democratic Rep. Matt Cartwright; Army veteran Earl Granville, who had House Minority Leader Kevin McCarthy's endorsement, finished just behind with 24%.

This seat in the Scranton/Wilkes-Barre area swung from 55-43 Obama to 53-44 Trump, but Cartwright turned back a self-funding opponent last cycle by a convincing 55-45 margin. However, the incumbent could be in considerably more danger with Trump at the top of the ballot. Bognet, for his part, has made sure to emulate the GOP leader by running racist ad after racist ad declaring that he'll punish China for having "sent us the Wuhan flu."

Bognet raised only about $300,000 from when he entered the race in January through mid-May, though he may attract considerably more attention now that he's the GOP nominee. Democrats are already preparing for an expensive race in any case: House Majority PAC has reserved $1.8 million in fall TV time in the Wilkes-Barre media market, which contains most of this seat, though Republicans have yet to book time. Daily Kos Elections rates this contest as Lean Democratic.

● PA-10: With 38,000 votes counted, state Auditor General Eugene DePasquale leads attorney Tom Brier 63-37 in the Democratic primary to take on GOP Rep. Scott Perry. The Associated Press has not yet called the race, and The Patriot-News reported Wednesday that there are still 40,000 ballots to be counted in Dauphin and Cumberland Counties, while most votes are in for DePasquale's York County base. (This district includes 80% of Cumberland County and all of Dauphin County.)

Brier is leading 66-35 in Dauphin County, while he has a bare majority in Cumberland County, so he'll likely pick up ground as more votes come in. Gov. Tom Wolf's recent executive order requires any mail ballots in Dauphin County that are received by June 9 to be counted as long as they were postmarked by Election Day, so we may not have a resolution here until next week.

● Special Elections: Here's a recap of Tuesday's two Massachusetts special elections, including a Democratic flip:

MA-HD-3rd Bristol: Democrat Carol Doherty defeated Republican Kelly Dooner 57-43 to flip this seat for Team Blue. Though this district backed Hillary Clinton 52-42 and Barack Obama 58-40, former GOP state Rep. Shaunna O'Connell routinely won re-election, making Doherty's win a significant downballot shift for this district.

This victory continues Democrats' streak of flips in the Bay State; two weeks ago, Democrats flipped two state Senate districts that were similarly blue at the federal level.

MA-HD-37th Middlesex: Democrat Danilo Sena easily beat Republican Catherine Clark 74-26 to hold this seat for his party. Sena's win was large even for this strongly Democratic district, running well ahead of Clinton's 62-31 win and Obama's 57-41 win here.

The composition of this chamber is 127-31 (with one independent member) with one other seat vacant.

Morning Digest: GOP primary for swingy New Mexico House seat reaches new low in nastiness

Posted on May 6, 2020 by Daily Kos Elections

Leading Off

● NM-02: The June 2 GOP contest to take on freshman Democratic Rep. Xochitl Torres Small in New Mexico's 2nd District turned negative a long time ago, and it may now be the ugliest primary anywhere in the country.

The Associated Press' Russell Contreras reported Tuesday that 2018 nominee Yvette Herrell had texted with a conservative cartoonist named Roger Rael about a meme Rael was creating that suggested that Herrell's main rival, businesswoman Claire Chase, had been unfaithful to her first husband. Herrell showed a close interest in Rael's illustration, going so far as to inform him about multiple spelling errors: "It should say gold digging, not good digging," she wrote, adding, "Let me send them in the morning. There are a couple of more."

Campaign Action

Herrell's campaign did acknowledge that she had communicated with Rael, who it just so happens is currently under indictment for what Contreras describes as "disorderly conduct and criminal damage to property charges in connection with an alleged attack on a Republican state House candidate." However, Herrell's spokesperson claimed that Rael had incessantly messaged Herrell, saying that her texts only came in response to his. (What better way to fend off unwelcome texting than to turn into the grammar police?) Herrell also put out a statement saying, "I have never attempted to use personal rumors about Claire in this race, and will never do so. Neither has my campaign."

Chase, unsurprisingly, was not appeased, and she called for Herrell to drop out of the primary. Chase's former husband, Ben Gray, issued his own statement slamming Herrell: "I can't believe Yvette Herrell would try to use me in this false, disgusting attack," he wrote. Gray, who said he was still friends with Chase and is a member of a group called Veterans for Claire, added, "What kind of person would smear a Veteran to win a political campaign?"

But even before these latest developments, this was a messy campaign. Both candidates launched ads last month that accused the other of trying to undermine Donald Trump in 2016; Herrell's commercial even employed a narrator who used what Nathan Gonzalez described as a "ditzy tone" to impersonate Chase. Gonzalez, who titled his article, "The campaign attack ad no man could get away with," also characterized the spot as "one of the most sexist campaign ads in recent memory."

Whoever makes it out of next month's primary will emerge bruised, but the winner will still have a chance to beat Torres Small simply because of the district's conservative demographics: This southern New Mexico seat supported Donald Trump 50-40, and Daily Kos Elections rates the general election a Tossup.

But Torres Small, who defeated Herrell 51-49 last cycle, had nearly $3 million in the bank to defend herself at the end of March, while her prospective opponents didn't have anywhere close to that much. Herrell enjoyed a $378,000 to $264,000 cash-on-hand lead over Chase while a third candidate, self-funder Chris Mathys, had $200,000 to spend.

Election Changes

● Florida: The Democratic super PAC Priorities USA, along with two other organizations and several voters, has filed a lawsuit asking a federal court to relax a number of Florida laws related to absentee voting for the state's Aug. 18 primaries and the November general election. In particular, the plaintiffs want absentee ballots to count so long as they are postmarked by Election Day and received within 10 days; currently, ballots must be received by 7 PM local time on Election Day. They're also asking that the state pay the postage on return envelopes for mail-in ballots, and that Florida's ban on paid organizers assisting with ballot collection be lifted.

● Nevada: Nevada Democrats and their national counterparts have withdrawn their legal challenge seeking a number of changes to the state's June 2 primary after officials in Clark County acceded to two of their biggest demands. According to a court filing, plaintiffs say that Clark County Registrar of Voters Joe Gloria has agreed to mail ballots to all voters, not just those listed as "active," and will add two in-person voting sites, for a total of three.

Officials in other parts of the state have made more limited concessions, per the filing, but Clark County, where Las Vegas is located, is home to 71% of Nevada voters and 81% of all "inactive" voters in the state. Democrats also say they plan to continue pressing their claims for the general election.

● North Carolina: Several North Carolina voters, backed by voting rights organizations, have brought a lawsuit asking a state court to relax a number of laws related to absentee voting for the November general election. In particular, the plaintiffs want absentee ballots to count so long as they are postmarked by Election Day and received within nine days, which is the same deadline for military voters; currently, ballots must be postmarked by Election Day and received within just three days.

They're also asking for an expanded definition of the term "postmark" to include modern imprints like barcodes, and in the event a postmark does not include a date, they want officials "to presume that the ballot was mailed on or before Election Day unless the preponderance of the evidence demonstrates it was mailed after Election Day."

In addition, plaintiffs want the state to pay for postage for both absentee ballot applications and ballots, and they want the court to waive the requirement that absentee voters have their ballots either notarized or signed by two witnesses. Finally, plaintiffs are requesting that voters be given the opportunity to correct any issues if their signatures allegedly do not match those on file.

● Oklahoma: The Oklahoma Supreme Court has struck down a requirement that absentee ballots be notarized and issued an order prohibiting officials from sending out ballots or other voting materials suggesting that notarization is still mandatory. Last month, the League of Women Voters challenged the notary requirement, calling it antithetical to stemming the spread of the coronavirus pandemic. The court's decision, however, was not grounded in public health but rather a state law that allows a signed statement made under penalty of perjury to suffice in lieu of a notarization in most cases where an affidavit is called for.

Senate

● CO-Sen: Businesswoman Michelle Ferrigno Warren's campaign came to an end on Monday when the Colorado Supreme Court unanimously reversed a lower-court ruling that had placed her on the June 23 Democratic primary ballot. Denver District Court Judge Christopher Baumann had ordered Warren onto the ballot last month even though she didn't have enough signatures after deciding that, in light of disruptions caused by social distancing, she had collected enough to justify her place in the primary. However, the state's highest court ultimately ruled that only the legislature has the authority to change how many petitions are needed.

This could spell very bad news for another candidate, nonprofit head Lorena Garcia. Baumann had also ordered Garcia onto the primary ballot for the same reason he had applied to Warren, but Secretary of State Jena Griswold's office announced Monday evening that she was appealing his decision to the state Supreme Court.

● GA-Sen-A: 2017 House nominee Jon Ossoff is out with a new statewide ad ahead of the June 9 Democratic primary that prominently features Rep. John Lewis and touts his endorsement. Lewis speaks positively of Ossoff, imploring voters to support him and "send Donald Trump a message he will never forget", while clips of the pair appearing together are shown.

Lewis and Ossoff have a relationship that dates back several years. Ossoff previously interned for the civil rights icon and Atlanta-area congressman, while Lewis was one of Ossoff's earliest supporters in his 2017 special election bid for the 6th Congressional District.

● ME-Sen: The Democratic group Senate Majority PAC is out with a health care-themed spot, supported with a six-figure buy, attacking Republican Sen. Susan Collins. The ad ties Collins to the pharmaceutical industry and also states that she "voted against Mainers with pre-existing conditions and for corporate special interests." The commercial, which also shows images of Collins seated alongside Senate Majority Leader Mitch McConnell, closes by saying, "Money changes everything, even Susan Collins."

● NC-Sen, NC-Gov: A new poll conducted by Democratic pollster Civiqs on behalf of Daily Kos shows Democrats well ahead in North Carolina's Senate and gubernatorial contests. (Civiqs and Daily Kos are owned by the same parent company.) Cal Cunningham leads GOP Sen. Thom Tillis 50-41, while Democratic Gov. Roy Cooper posts a similar 53-44 edge against Republican Dan Forest; this sample also finds Joe Biden ahead 49-46.

This is the largest lead we've seen for Cunningham since he won the primary in early March, though we still don't have too many other polls to work with. The conservative Civitas Institute released numbers in mid-April from the GOP firm Harper Polling that showed Tillis ahead 38-34, while the Democratic firm Public Policy Polling found Cunningham ahead 47-40 around that same time. A SurveyUSA poll released last week also had Cunningham ahead just 41-39.

Civiqs does find Cooper taking about the same percentage of the vote as other firms do, but it finds Forest in better shape. While Cooper has consistently posted very strong approval ratings since the coronavirus pandemic began, it seems unlikely that Forest will end up in the mid-30s when all is said and done in this polarized state. Indeed, the last time a major party gubernatorial nominee failed to take at least 42% of the vote was 1980.

● TX-Sen: Air Force veteran MJ Hegar picked up an endorsement this week from Rep. Veronica Escobar ahead of the July Democratic primary runoff.

Gubernatorial

● MT-Gov: Businesswoman Whitney Williams picked up an endorsement on Tuesday from Hillary Clinton for the June 2 Democratic primary.

Meanwhile, Williams is also out with a commercial where she declares that, while trailblazing women built Montana, Rep. Greg Gianforte and Donald Trump are threatening women now. Williams declares that Trump and the GOP primary frontrunner "want to take away our right to choose. Even restrict birth control. I won't let that happen."

Lt. Gov. Mike Cooney, who is Williams' primary opponent, is also out with a TV spot. The narrators say that Cooney worked with outgoing Gov. Steve Bullock to expand healthcare access, protect rural hospitals, and create the jobs "that will steer our economy through this crisis." The ad ends by reminding voters that Bullock and Sen. Jon Tester are backing Cooney.

While the primary is almost a month away, voters will have the chance to cast their ballots very soon. Republican Secretary of State Corey Stapleton announced in March that all 56 Montana counties plan to conduct the state's primary by mail, and that ballots will be mailed out to registered voters on May 8.

House

● IA-04: This week, the deep-pocketed U.S. Chamber of Commerce endorsed state Sen. Randy Feenstra over white supremacist Rep. Steve King in the June 2 GOP primary.

● PA-10: Attorney Tom Brier is up with his first TV spot ahead of the June 2 Democratic primary to take on GOP Rep. Scott Perry.

The commercial shows several images of Brier's volunteers as the candidate explains his campaign "has always been about bringing progressive Democrats together. Lots of Democrats who are now volunteering from home." Brier's supporters then say what they believe in, including taking money out of politics, dealing with the opioid crisis, and healthcare for all. Brier ends by telling the viewer, "Apply for your mail-in ballot today."

Brier faces state Auditor Eugene DePasquale, who has the support of the DCCC, in next month's primary, and DePasquale ended March with a large $657,000 to $145,000 cash-on-hand lead. Perry, who narrowly won re-election last cycle, had $816,000 available to defend himself in a seat in the Harrisburg and York area that backed Trump 52-43.

Mayoral

● Baltimore, MD Mayor: On behalf of The Citizens for Ethical Progressive Leadership PAC, a group supporting former U.S. Treasury official Mary Miller, the Democratic firm Garin-Hart-Yang Research Group is out with a mid-April poll showing a tight June 2 Democratic primary.

The first survey we’ve seen since mid-March finds that Miller, former Mayor Sheila Dixon, and City Council President Brandon Scott are in a three-way tie with 16% each, while incumbent Jack Young is at 13%. Two other contenders, former Baltimore Police Department spokesman T.J. Smith and former state prosecutor Thiru Vignarajah, are at 11% and 10%, respectively, while 18% are undecided. It only takes a simple plurality to win, and the Democratic nominee should have no trouble in November in this very blue city.

The primary, which was delayed from April 28 to early June because of the coronavirus pandemic, has also turned into a very expensive contest. The Baltimore Sun reports that Miller has raised $800,000 and self-funded an additional $1.5 million this year, which has allowed her to outspend her many opponents; Miller had only $150,000 left in late April, but she may have the resources to self-fund more.

Miller is also the only one of the many major candidates who is white in a city that’s 63% African American and 32% white: The other notable candidates are Black except for Vignarajah, who is the son of Sri Lankan immigrants. Baltimore’s last white mayor was Martin O’Malley, who was elected in 1999 and resigned in early 2007 to become governor of Maryland.

Vignarajah has also been a strong fundraiser, and he had the largest war chest in the field last month with $700,000 in the bank. Scott, who has the backing of several unions, led Dixon in cash-on-hand $415,000 to $300,000, while Young had $202,000 to spend; Young’s campaign said that he’s all but stopped fundraising as he deals with the coronavirus. Smith, meanwhile, was far behind with just $22,000 available.

It would ordinarily be quite surprising to see a crowded race where the incumbent trailing in both the polls and the money contest, but Young has only been in office for about a year. He was elevated from City Council president to mayor when incumbent Catherine Pugh resigned in disgrace (she later was sentenced to three years in prison after pleading guilty to conspiracy and tax evasion charges related to her self-published children's books), and a number of candidates quickly made it clear that they’d challenge Young.

Young’s critics have argued that the veteran local politician isn’t the right person to help Baltimore deal with its long-term problems, and they’ve also taken him to task for his many gaffes. To take one example, Young said of the city’s high homicide rate last year, “I’m not committing the murders, and that’s what people need to understand," and, "How can you fault leadership? This has been five years of 300-plus murders. I don't see it as a lack of leadership."

Several polls taken during the winter showed Young badly trailing, and Mason-Dixon gave him a 28-39 favorable rating in mid-March. However, that was during the early days of the coronavirus crisis in the United States, and we don’t have enough data to indicate if Young's handling of the situation at home has given him a better shot to win a full term this year.

Miller began airing commercials months ago, and she’s largely had the airwaves to herself. Miller also has a new commercial where she tells viewers that Barack Obama brought her on at the Treasury Department during the Great Recession, and argues she has the experience to help Baltimore “come back stronger” from the current pandemic.

Dixon, meanwhile, went up with her first spot last week, which featured several people praising her accomplishments as mayor. Dixon resigned that post in 2010 after she was convicted of stealing gift cards that were supposed to help needy families, but she’s maintained a base of support since then. Dixon ran for mayor again in 2016 and narrowly lost the primary to then-state Sen. Pugh 37-35. Dixon launched a write-in campaign just a month ahead of the competitive general election and took second place with 52,000 votes, which was good for a 58-22 loss.

Vignarajah also recently went up with a new ad that features several locals praising him as a responsive leader. Vignarajah’s supporters say he got them jobs, stopped their water from being shut off, and halted illegal trash dumping. One woman also praises Vignarajah for convicting the men who murdered her young son.

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

Posted on April 7, 2020 by Daily Kos Elections

Leading Off

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

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

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

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

Campaign Action

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

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

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

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

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

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

Election Changes

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

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

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

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

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

1Q Fundraising

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

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

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

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

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

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

Senate

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

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

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

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

Gubernatorial

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

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

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

House

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Other Races

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

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

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

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