Category: MTRedistricting

Morning Digest: Republicans seek to trim Democrats’ majority in race for Pennsylvania Supreme Court

Posted on by Daily Kos Elections

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

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Leading Off

● PA Supreme Court: Two Democrats and one Republican have so far announced that they'll run in next year's statewide race for a 10-year term on the Pennsylvania Supreme Court, which will be a high-stakes contest even though the Democratic majority on the seven-member body is not at risk. The post these candidates are running for became vacant in September when Chief Justice Max Baer died at the age of 74 just months before he was to retire because of mandatory age limits.

Baer's absence was felt just before Election Day when one Democratic justice, Kevin Dougherty, sided with his two GOP colleagues against the remaining three Democratic members in a high-profile case over whether to count mail-in ballots that arrived on time but had missing or incorrect dates. This deadlock meant that election authorities were required to "segregate and preserve any ballots contained in undated or incorrectly dated outer envelopes," a decision that Democrats feared could cost them crucial contests.

Team Blue, after scrambling to encourage any impacted voters to cast new votes (one woman even immediately flew home from Colorado at her own expense to make sure she would "not be silenced by voter suppression"), got something of a reprieve when Senate nominee John Fetterman and other Democrats pulled off decisive wins. Still, the ruling was a troubling reminder that, even with a 4-2 Democratic edge on the state's highest court, Republicans could still have their way on major cases.

Baer's seat still remains unfilled, since either outgoing Gov. Tom Wolf or his successor, fellow Democrat Josh Shapiro, would need to have his nominee confirmed by the GOP-run state Senate. It's not clear whether Republicans would assent to anyone chosen by Wolf or Shapiro, though any acceptable appointee would almost certainly be someone who agreed not to run next year.

That likely explains why two Democratic members of the Superior Court from opposite sides of the state, Beaver County's Deborah Kunselman and Philadelphia's Daniel McCaffery, have already launched campaigns ahead of the May primary. (The Superior Court is one of two intermediate appellate courts in the state and hears most appeals.) The only Republican in the running right now is Montgomery County President Judge Carolyn Carluccio. A win would be a boon to Republicans but, barring more unexpected vacancies, the soonest they could actually retake the majority would be 2025.

election calls

● CA-13: The final unresolved House race of 2022 was called Friday night for Republican agribusinessman John Duarte, who flipped this seat by defeating Democratic Assemblyman Adam Gray 50.2-49.8 after an expensive battle. Biden carried this sprawling constituency in the mid-Central Valley by a 54-43 margin, but Democrats often struggle with midterm turnout in this region. Duarte, though, will almost certainly be a top target when the next presidential cycle comes around in two years.

With this race settled, Republicans will begin the 118th Congress with 222 House seats compared to 212 for Democrats. This tally includes Colorado’s 3rd District, where Democrat Adam Frisch has conceded to far-right Rep. Lauren Boebert even though an automatic recount will take place this month. The final constituency is Virginia’s safely blue 4th District, which became vacant last week following the death of Democratic Rep. Donald McEachin and will be filled through a still-to-be-scheduled special election.

Georgia Runoff

● GA-Sen: Two new media polls show Democratic incumbent Raphael Warnock with a small lead over Republican Herschel Walker going into Tuesday's runoff. SurveyUSA, working for WXIA-TV, put the senator ahead 50-47, while SRSS' poll for CNN had Warnock up 52-48. (SRSS allowed respondents to say they were uncommitted, but almost none did.)

Redistricting

● MT Redistricting: Montana's bipartisan redistricting commission gave its approval to a new map for the state House on Thursday, with the panel's tiebreaking independent member voting in favor of a proposal put forth by Democratic commissioners while the body's two Republicans voted against it. While Republicans are still all but assured of retaining control of the 100-member House, Democrats will have a strong chance of rolling back the GOP's supermajority, which currently stands at 68 seats. (An interactive version of the plan can be found on Dave's Redistricting App.)

The map isn't quite done yet, however: Members of the public will now have the chance to offer feedback, which the commission may use to make further tweaks. Once that task is complete, the panel will work on a map for the upper chamber, which will involve uniting pairs of House districts to create single Senate districts (a process known as "nesting"). The commission will then vote to send final maps to lawmakers, who will have 30 days to propose additional adjustments. Commissioners, however, are not obligated to make any revisions based on comments from legislators.

Once all of this is done, Montana will finally become the last state to finish regular redistricting this decade. It waited so long due to arcane provisions in its state constitution, a delay that very likely was unconstitutional. Despite this apparent violation of the "one person, one vote" doctrine, no one brought a lawsuit challenging these procedures prior to the 2022 elections, so they remained in place. However, in the coming decade, such a challenge could very well succeed.

Senate

● FL-Sen: Retiring Democratic Rep. Stephanie Murphy did not rule out challenging Republican Sen. Rick Scott in 2024, telling the Orlando Sentinel, "I'm running through the tape in this job. And then I'll figure out what comes next." Murphy also used the interview to push back on the idea that her state had become unwinnable for Democrats, arguing, "Florida is not dark red. It can be a purple and blue state with the right candidates and with the right field strategy."

● WV-Sen: Democratic Sen. Joe Manchin said Friday he'd announce his re-election plans sometime in 2023, and that he is "not in a hurry" to make a decision.

House

● NM-02: Defeated GOP Rep. Yvette Herrell sent an email to supporters shortly after she created a new FEC account where she confirmed she was considering a rematch against the Democrat who beat her, Rep.-elect Gabe Vasquez. "We know our work in Washington was not completed, and hundreds of people from all over the District and colleagues in Washington have asked me to stay in the fight," Herrell said, adding, "All options will be on the table--so stay tuned."

● OR-06: A local judge on Thursday allowed Mike Erickson's lawsuit against Democratic Rep.-elect Andrea Salinas to proceed, but the Republican's legal team is hedging whether he'd try to prevent Salinas from taking office or stop at demanding hundreds of thousands in damages over what he claims was a dishonest ad.

Attorneys General and Secretaries of State

● PA-AG: The Philadelphia Inquirer's Chris Brennan takes a look at what could be a crowded 2024 contest to serve as attorney general of this major swing state, a post that Democrat Josh Shapiro will hold until he resigns to become governor. Shapiro will be able to nominate a successor for the GOP-led state Senate to approve, but there's little question that the new attorney general will be someone who agrees to not run in two years.

On the Democratic side, former state Auditor General Eugene DePasquale tells Brennan that he's interested in running; DePasquale was last on the ballot in 2020 when he lost to far-right Rep. Scott Perry 53-47 in the Harrisburg-based 10th District. The paper also reports that former Philadelphia Public Defender Keir Bradford-Grey, Bucks County Solicitor Joe Khan, and state Rep. Jared Solomon are all thinking about it. A PAC began fundraising for Bradford-Grey all the way back in April, though she hasn't publicly committed to anything.

Finally, Brennan mentions outgoing Rep. Conor Lamb, who lost this year's Senate primary to John Fetterman, as a possibility. Lamb recently drew attention when he announced he had accepted a job at a prominent law firm in Philadelphia, which is at the opposite side of the commonwealth from his suburban Pittsburgh base, while adding, "I hope to return to public service one day, perhaps soon." Delaware County District Attorney Jack Stollsteimer, who is running for re-election in 2023, is also name-dropped as a possible contender.

On the Republican corner, Brennan relays that former U.S. Attorney Bill McSwain being recruited to run for attorney general by unnamed people even though his last bid went very badly. McSwain initially looked like a strong candidate for governor this year before Donald Trump castigated his appointee for not doing enough to advance the Big Lie and urged Republicans not to vote for him. McSwain's main ally, conservative billionaire Jeff Yass, later urged him to drop out in order to stop QAnon ally Doug Mastriano, but he didn't listen: McSwain took a distant third with just 16%, while Shapiro went on to beat Mastriano in a landslide.

Another Republican, state Rep. Craig Williams, says he's considering even though he's focused right now on being an impeachment manager as his party tries to remove Philadelphia District Attorney Larry Krasner from office. (Solomon will be one of the Democrats defending Krasner at his January trial before the state Senate.) Brennan also mentions as possibilities former U.S. Attorney Scott Brady; state Rep. Natalie Mihalek; York County District Attorney David Sunday; and Westmoreland County District Attorney Nicole Ziccarelli.

The attorney general became an elected office in 1980, and Republicans had an iron grip on the job until Democrat Kathleen Kane finally broke their streak in 2012. Kane resigned in disgrace four years later, but Shapiro held the seat for his party even as Donald Trump was narrowly carrying the state and prevailed again in 2020.

Legislatures

● WI State Senate: Democratic Gov. Tony Evers has scheduled the special election to succeed former Republican state Sen. Alberta Darling, whose resignation gives Democrats a chance to take away the GOP's new supermajority, to coincide with the April 4 statewide contest for the Wisconsin Supreme Court. Evers' proclamation also makes it clear the contest for this seat, which is based in the suburbs and exurbs north of Milwaukee, will take place under the new legislative lines drawn up this year.

The new version of this seat would have backed Trump 52-47, according to Dave's Redistricting App. Republican Sen. Ron Johnson last month won the district 54-46, according to our calculations, while GOP gubernatorial nominee Tim Michels prevailed over Evers here by a smaller 52-48 spread.

The only notable candidate currently running to succeed Darling is Republican state Rep. Dan Knodl, who launched his bid on Tuesday. Prospective contenders have until Jan. 3 to file, and primaries would take place Feb. 21 if needed.

Mayors and County Leaders

● Houston, TX Mayor: State Sen. John Whitmire announced all the way back in 2021 that he would compete in next fall's nonpartisan contest to succeed his fellow Democrat, termed-out Mayor Sylvester Turner, but Whitmire's Tuesday kickoff still made news for attracting a number of prominent Republican donors.

Whitmire has in his corner billionaire Tilman Fertitta, who also used the launch at the hotel he owns to attack Turner's leadership. (Paper City notes that Fertitta once hosted a fundraiser for Turner.) The state senator also has the backing of several donors whom the Houston Chronicle says funded Republican Alexandra del Moral Mealer's unsuccessful attempt to oust Harris County Judge Lina Hidalgo last month, as well as local police unions. The kickoff was also attended by some notable local Democrats including Harris County District Attorney Kim Ogg, who has clashed with Hidalgo, and fellow state Sen. Carol Alvarado.

Whitmire himself begins the campaign with a huge $9.5 million in his legislative account, though, the Chronicle says it's not clear how much of that he can use to run for mayor. He's been able to build up this sort of haul in part because he's had decades to fundraise. He was first elected to the state House all the way back in 1972, when Democrats were still the dominant party in Texas, and he won a promotion to the upper chamber in 1982.

Whitmire, who is the longest serving member of the state Senate, has remained a powerful figure even though he's spent most of that time in the minority. He has chaired the Criminal Justice Committee since 1993, which makes him the only Democrat to hold this sort of power. The Chronicle writes that, while he's usually supported his party's proposals, he's sided with the GOP on multiple votes against bail reform. The state senator last year also dismissed the lack of air conditioning units in jail cells by snarking, "Don't commit a crime and you can be cool at home."

The state senator, though, had no trouble winning renomination to his seat, which now takes up about a quarter of Houston, until this year when he faced a challenge from the left from nurse Molly Cook. Cook, who accused him of "running for two offices at once," lost 58-42, which was still Whitmire's closest showing since the early 1990s.

Whitmire currently faces three notable opponents in the race for the job that his former sister-in-law, Kathy Whitmire, held from 1982 to 1992. The field includes former Harris County Clerk Chris Hollins, who attracted widespread attention in 2020 for implementing efforts to expand access to voting during the pandemic. Hollins has already called Whitmire's Democratic loyalties into question by reminding voters that he did not support Hidalgo during her competitive re-election fight.

The contest also includes former City Councilwoman Amanda Edwards, who took fifth in the 2020 Democratic primary for U.S. Senate and would be the first Black woman to lead Houston. Rounding out the field is attorney Lee Kaplan, a first-time candidate who has done some self-funding. Kaplan and Edwards had about $700,000 and $720,000 on hand at the end of June, respectively, while Hollins had $940,000 to spend. All the candidates will compete on one nonpartisan ballot in November, and it would take a majority of the vote to avert a runoff the next month.

Morning Digest: Why Montana is the only state in the union without new legislative maps

Posted on by Daily Kos Elections

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

Subscribe to our podcast, The Downballot!

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Leading Off

● MT Redistricting: For the first time in 40 years, Montana enjoyed the right to draw a congressional map following the 2020 census, thanks to population growth that bumped up its representation in the House from one seat to two. But while that task was completed all the way back in November, the state still lacks new maps for its legislature—and won't have any until next year. In fact, Montana is the only state in the nation that hasn't finished legislative redistricting. So what gives?

Fortunately, law professor Quinn Yeargain has the answer. In 1972, Montana adopted a new constitution that gave power over redistricting to an evenly divided bipartisan commission, which is obligated to submit legislative maps to lawmakers "at the first regular session after its appointment or after the census figures are available." The problem, however, is that the constitution also mandates the legislature meet for just 90 days at a time in odd-numbered years, starting in early January and ending in late April.

Practically speaking, therefore, there's no way the redistricting commission could finish its work that quickly, and in 2021, that would have been literally impossible, since the Census Bureau didn't release the detailed data needed to draw new lines until August. Even in the previous decade, when the census wasn't hampered by a pandemic and presidential interference, Montana didn't receive the necessary data until mid-March.

Making matters even more absurd, as Yeargain points out, when lawmakers receive maps from the commission, they can only make "recommendations" for changes—recommendations the commissioners are free to ignore. The entire process, therefore, will be put off until the legislature's next session in 2023, simply to allow legislators to play an entirely advisory role that may have no impact whatsoever.

The practical consequences of this delay, however, are considerable. As shown in this map of Montana's state House, many districts are severely under- or over-populated, with 56 of 100 outside the 10% deviation between the smallest and largest districts that courts typically allow; the situation in the Senate is similar.

Under the longstanding constitutional doctrine of "one person, one vote," these imbalances make Montana ripe for a lawsuit demanding the state draw new districts immediately after each census, like every other state does. No one has brought such a case this time, though, and with the state's primary next week, it's now too late. But in the coming decade, such a challenge could very well succeed.

Senate

● OH-Sen: The first post-primary poll of Ohio's open Senate race finds Republican nominee J.D. Vance with a small 42-39 lead on Democratic Rep. Tim Ryan, though 17% of voters have yet to make up their minds, according to Suffolk University. While Vance's 3-point margin might seem alluring, we always caution never to judge a race based on a single poll. That's all the more so when there's a sizable pile of undecideds, since they're more likely to lean Republican given Ohio's overall red tilt.

Governors

● GA-Gov: Democrat Stacey Abrams has launched her first TV ad since winning last month's primary, and the spot blasts Republican Gov. Brian Kemp for having "made it easier for criminals to carry guns in public," vowing to criminalize abortion, and providing "tax cuts for himself and his ultra-wealthy friends." Notably, this ad is from Abrams' One Georgia leadership committee, which can raise and spend unlimited contributions from donors now that the primaries are over thanks to a law that Kemp himself signed in 2021 in an attempt to gain his own fundraising advantage.

● FL-Gov: We're not quite sure what to make of this, but the Florida Education Association, which is the state's largest teachers union, says it's "backing" Democratic Rep. Charlie Crist's bid for governor but stresses that it's not giving Crist its "formal endorsement." We're accustomed to this sort of parsing from politicians, but we can't recall ever seeing a labor union—especially not one with 150,000 members—engage in this kind of hair-splitting.

● IL-Gov: Hedge fund billionaire Ken Griffin, who is Illinois' wealthiest resident, has given an additional $5 million to Aurora Mayor Richard Irvin's campaign for the June 28 GOP primary, bringing his investment up to a staggering $50 million thanks to Illinois' lack of contribution limits. Due in large part to the wealth of just three billionaires, candidates and outside groups in Illinois' upcoming primaries have spent an eye-popping $30 million on ads in May alone as Democrats have gotten involved in the GOP primary to try to stop Irvin and boost a more conservative opponent while Irvin's camp has spent heavily in response.

Irvin has expended $11.1 million while the Democratic Governors Association has dropped $6.5 million on a mix of ads attacking Irvin and boosting state Sen. Darren Bailey, who is running to Irvin's right and has spent $4.1 million with an additional $2.7 million in outside support from a PAC funded by right-wing billionaire Dick Uihlein. The final billionaire is Democratic Gov. J.B. Pritzker himself, who is extensively self-funding his campaign and has spent $4 million on ads mainly opposing Irvin. Lastly, venture capitalist Jesse Sullivan has spent $1.5 million on GOP primary ads.

● MI-Gov, MI-AG, MI-SoS: The general election portion of local pollster Target Insyght's recent survey for MIRS News finds statewide Democrats demolishing their GOP opponents by margins that simply look too good to be true. Democratic Gov. Gretchen Whitmer leads her five prospective Republican challengers by anywhere from 58-19 to 57-23, while Democratic state Attorney General Dana Nessel posts a similar 54-23 edge over Big Lie proponent Matthew DePerno and Democratic Secretary of State Jocelyn Benson likewise prevails 56-23 over election conspiracy theorist Kristina Karamo.

Every other poll released this cycle has so far found Whitmer at or below 50% with considerably more support for her Republican challengers than Target Insyght has, and even during the blue wave of 2018, she only earned 53% of the vote. Though voters in recent years have been more apt to split their tickets in state races despite historically high levels of polarization in federal elections, Whitmer and her fellow Democrats in swingy Michigan are still likely to face strong headwinds this November thanks to Joe Biden's weak approval ratings and traditional midterm patterns that favor the out-party. We're therefore extremely skeptical of these numbers unless confirmed elsewhere.

Meanwhile, in the August GOP primary, the state Court of Appeals ruled on Wednesday that self-funding businessman Perry Johnson cannot appear on the ballot after he and several other GOP candidates were disqualified from running last week due to fraudulent voter petition signatures. Johnson didn't indicate whether he would appeal further to the state Supreme Court, but the state is set to finalize its primary ballot on Friday. The courts have yet to rule on a similar appeal by former Detroit Police Chief James Craig, but given the similar arguments in Craig's lawsuit, his prospects look poor.

● MN-Gov, MN-02, MN-01: Candidate filing closed on Tuesday, and the state has a list of who is running here for the August primary. For governor, far-right state Sen. Scott Jensen managed to avoid a competitive primary after winning the state GOP convention's endorsement last month. While it's commonplace for candidates to agree to drop out before the primary after they lose at the convention, former state Senate Majority Leader Paul Gazelka and dermatologist Neil Shah didn't appear to have confirmed they would until they declined to file. Lastly, Hennepin County Sheriff Rich Stanek, who had said he was unable to attend the convention due to injuries from a car crash, also dropped out by not filing.

On the Democratic side, Gov. Tim Walz faces only token opposition in his quest for a second term. Walz also got potential good news when former radio host Cory Hepola, who had announced he was running as a Forward Party candidate earlier this year on a platform that appeared more likely to take votes from Democrats than Republicans, also didn't file.

Unfortunately for Democrats, candidates from each of two pro-marijuana third parties qualified to run for governor and in the 1st and 2nd Congressional Districts. However, the presence on the ballot of the Legal Marijuana Now Party and Grassroots - Legalize Cannabis Party has if anything had the opposite effect of their stated purpose by likely drawing votes disproportionately from the left, potentially depriving Democrats of enough support to cost them control of the state Senate in 2020 and let the narrow Republican majority block Democrats' legalization effort earlier this year.

Republicans themselves may have had a role in the pro-weed parties' success. Adam Weeks, who was Legal Marijuana Now' 2020 nominee in the 2nd District but died two months before Election Day, had told a friend in a voicemail recording that surfaced after his death that he'd been recruited by the GOP to run and "pull away votes" from Democratic Rep. Angie Craig to help GOP challenger Tyler Kistner. Although Craig won that contest by a 48-46 margin, that was a notable underperformance of Joe Biden's 52-46 victory in the district thanks in part to Weeks posthumously taking 6%.

Craig faces a rematch with Kistner this fall along with candidates from both cannabis parties, and Kistner himself released a mid-May poll from GOP firm Cygnal this week that showed him trailing Craig by a modest 43-38 margin, with Legal Marijuana Now Party candidate Paula Overby taking 4%.

In the 1st District, former Hormel CEO Jeff Ettinger faces little-known opponents in the regular Democratic primary after winning the nomination last month for the August special election to replace the late GOP Rep. Jim Hagedorn. However, on the GOP side, former Department of Agriculture official Brad Finstad will face a rematch with far-right state Rep. Jeremy Munson after the more establishment-aligned Finstad beat him just 38-37 in last month's special primary; former Freeborn County GOP chair Matt Benda also filed to run in the regular GOP primary after taking only 7% in last month's contest.

House

● FL-13: Rep. Charlie Crist has endorsed former Defense Department official Eric Lynn in the race to succeed him in Florida's 13th Congressional District. Lynn is the only notable Democrat still running after Republicans gerrymandered the district to make it considerably redder, such that Donald Trump would have carried it 53-46, compared to Joe Biden's 52-47 margin under the previous lines.

Meanwhile, nonprofit founder Audrey Henson just dropped out of the GOP primary to run for the state House instead, though several other Republicans are still in the mix. The remaining field includes attorneys Amanda Makki and Kevin Hayslett as well as businesswoman Anna Paulina Luna, who was the GOP's unsuccessful nominee in 2020.

● IL-06: Rep. Marie Newman copies Georgia Sen. Raphael Warnock's legendary ads featuring a pet beagle in a new spot attacking her opponent in next month's Democratic primary—right down to the starring breed of pooch. Walking a beagle of her own, Newman says that "unfortunately, you're going to hear a lot of sh*t about me from my opponent, Sean Casten" as her dog squats to do its business (the offending word is bleeped out). It's not clear what Newman might be referring to, however, as Casten has not aired any negative ads.

Calling herself a "lifelong progressive Democrat," Newman then castigates Casten for voting "for anti-choice Republicans like George Bush." (Casten cast his first vote in a presidential election for George H.W. Bush in 1992, when he was 20.) She also touts her rejection of "corporate money" while accusing Casten, a fellow member of Congress, of having "taken a million dollars from corporate PACs."

● MI-03: A new Public Policy Polling survey for Democrat Hillary Scholten finds her narrowly edging past Republican Rep. Peter Meijer 39-37 while leading conservative commentator John Gibbs, who has Donald Trump's endorsement, by a larger 44-35 margin. This is the first public poll of the race for Michigan's 3rd District, one of a handful of seats Democrats are hoping to flip in November.

● MN-03: In Minnesota's 3rd District, Democratic Rep. Dean Phillips and Navy veteran Tom Weiler, his Republican challenger, are the only candidates running here after businessman Mark Blaxill declined to continue on to the primary after losing to Weiler at the GOP convention.

● MN-04: Longtime Democratic Rep. Betty McCollum faces a primary challenge from the left by Saint Paul Department of Human Rights & Equal Economic Opportunity official Amane Badhasso, who has raised a competitive amount of money so far. A few other minor candidates are running in the Democratic and GOP primaries for this solidly blue seat.

● MN-05: Democratic Rep. Ilhan Omar, who is one of the most outspoken left-wing members of Congress, is running for a third term and faces a primary challenge from her right by former Minneapolis City Council member Don Samuels. Several other obscure candidates are running for both parties in this heavily Democratic district.

● NY-10: Former federal prosecutor Daniel Goldman, who served as House Democrats' lead counsel during Donald Trump's first impeachment, has joined the crowded primary for New York's open 10th District, a safely blue district in lower Manhattan and Brooklyn. Goldman briefly ran for state attorney general last year but dropped out after incumbent Tish James abandoned her bid for governor and decided to run for re-election instead.

● NY-12: The Working Families Party, a labor-backed party that has often played an important role in New York politics over the last two decades, has endorsed Democratic Rep. Jerry Nadler in his member-vs.-member primary against fellow Rep. Carolyn Maloney. The WFP's backing serves as a progressive seal of approval and could also yield key on-the-ground support for Nadler if unions decide to deploy their membership on his behalf.

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