North Dakota could bar anyone over 80 from serving in Congress, but will the Supreme Court let it?

North Dakota officials on Friday gave the green light to advocates for term limits to start collecting signatures for a proposed amendment to the state constitution to bar anyone older than 80 from representing the state in Congress. The measure could, however, have a tough time surviving a court challenge, though it joins a long history of conservatives testing the limits of a 1995 U.S. Supreme Court decision that held that states cannot add further qualifications to candidates for Congress beyond those outlined in the U.S. Constitution.

That 1995 ruling, known as U.S. Term Limits v. Thornton, struck down an Arkansas initiative that tried to impose term limits on members of the state's congressional delegation. The court's 5-4 decision, which saw swing Justice Anthony Kennedy join the four liberal justices, explained that the only restrictions states could impose on congressional candidates were the ones spelled out in the nation's governing document: namely, a minimum (but not maximum) age, a minimum period of U.S. citizenship, and residency in the state they're seeking to represent at the time of election. Clarence Thomas, however, wrote a dissent that three fellow conservatives joined, saying he would have allowed Arkansas' law to stand.

Last year, Republicans in Tennessee decided to test whether Thomas' views might now hold sway on the Supreme Court, whose membership is now considerably further to the right than it was three decades ago. The GOP-dominated state legislature imposed a requirement that U.S. House candidates must have voted in the previous three statewide general elections to be eligible to run, a move that seemed to be aimed at blocking Morgan Ortagus, a former State Department spokesperson, from seeking the open 5th Congressional District. (Ortagus had only relocated from D.C. in 2021.)

The bill didn't apply last cycle because Gov. Bill Lee only allowed it to become law after the candidate filing deadline had passed. However, the state GOP's executive committee later used a different state law to eject Ortagus and two others from the ballot for not meeting the party's definition of a "bona fide" Republican. At least two of the plan's proponents, though, had much more than 2022 in mind, as they explicitly said they hoped the Supreme Court would overturn U.S. Term Limits. First, though, a candidate impacted by the law would have to file suit, which has not yet happened.

In North Dakota, meanwhile, organizers are seeking to collect signatures to impose a different requirement that, like Tennessee's, also isn't found in the constitution. The proposed amendment would forbid anyone who would turn 81 before the end of their term from being elected or appointed to Congress. The measure also includes a section saying that, in the event that the courts block this maximum age limit, a "ballot advisory" would appear next to the names of congressional candidates on the ballot informing voters how old they'd be when their term would end.

The effort is being spearheaded by Jared Hendrix, a GOP party official who played a key role in electing and defending members of the legislature's far-right "Bastiat Caucus" (named after the 19th century French economist who championed free markets) and last year helped pass a term-limits measure applying to the governor and state legislators. Hendrix tells the Associated Press' Jack Dura that his group is aiming to get the measure on the June primary ballot rather than wait for next year's general election, saying, "Our plan is to aggressively and quickly gather signatures before cold weather hits."

Hendrix and his allies have until Feb. 12 to turn in about 31,200 signatures, a figure that represents 2% of the state's population (North Dakota is the only state that doesn't have voter registration) in order to meet his timeline; if they submit in their petitions later, the amendment wouldn't go before voters until November 2024. No matter what, though, it would only take a simple majority to pass the proposal at the ballot box.

Congressional elections could experience some major changes coast to coast if the Supreme Court were to chart a new course, but it wouldn't immediately impact any of the three members of the Peace Garden State's all-GOP delegation. Sens. John Hoeven and Kevin Cramer are 66 and 62, respectively, while Rep. Kelly Armstrong is 46. Of course, many members of Congress have served (or currently serve) into their 80s and even beyond: Texas Rep. Ralph Hall was 91 when his career came to an end, while South Carolina Sen. Strom Thurmond remained in office until he was 100.

Morning Digest: New North Dakota initiative would bar octogenarians from Congress

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

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Leading Off

ND Ballot: North Dakota officials on Friday gave the green light to advocates for term limits to start collecting signatures for a proposed amendment to the state constitution to bar anyone older than 80 from representing the state in Congress. The measure could, however, have a tough time surviving a court challenge, though it joins a long history of conservatives testing the limits of a 1995 U.S. Supreme Court decision that held that states cannot add further qualifications to candidates for Congress beyond those outlined in the U.S. Constitution.

That 1995 ruling, known as U.S. Term Limits v. Thornton, struck down an Arkansas ballot initiative that tried to impose term limits on members of the state's congressional delegation. The court's 5-4 decision, which saw swing Justice Anthony Kennedy join the four liberal justices, explained that the only restrictions states could impose on congressional candidates were the ones spelled out in the nation's governing document: namely, a minimum (but not maximum) age, a minimum period of U.S. citizenship, and residency in the state they're seeking to represent at the time of election. Clarence Thomas, however, wrote a dissent that three fellow conservatives joined, saying he would have allowed Arkansas' law to stand.

Last year, Republicans in Tennessee decided to test whether Thomas' views might now hold sway on the Supreme Court, whose membership is now considerably further to the right than it was three decades ago. The GOP-dominated state legislature imposed a requirement that U.S. House candidates must have voted in the previous three statewide general elections to be eligible to run, a move that seemed to be aimed at blocking Morgan Ortagus, a former State Department spokesperson, from seeking the open 5th Congressional District. (Ortagus had only relocated from D.C. in 2021.)

The bill didn't apply last cycle because Gov. Bill Lee only allowed it to become law after the candidate filing deadline had passed. However, the state GOP's executive committee later used a different state law to eject Ortagus and two others from the ballot for not meeting the party's definition of a "bona fide" Republican. At least two of the plan's proponents, though, had much more than 2022 in mind, as they explicitly said they hoped the Supreme Court would overturn U.S. Term Limits. First, though, a candidate impacted by the law would have to file suit, which has not yet happened.

In North Dakota, meanwhile, organizers are seeking to collect signatures to impose a different requirement that, like Tennessee's, also isn't found in the Constitution. The proposed amendment would forbid anyone who would turn 81 before the end of their term from being elected or appointed to Congress. The measure also includes a section saying that, in the event that the courts block this maximum age limit, a "ballot advisory" would appear next to the names of congressional candidates on the ballot informing voters how old they'd be when their term would end.

The effort is being spearheaded by Jared Hendrix, a GOP party official who played a key role in electing and defending members of the legislature's far-right "Bastiat Caucus" (named after the 19th century French economist who championed free markets) and last year helped pass a term-limits measure applying to the governor and state legislators. Hendrix tells the Associated Press' Jack Dura that his group is aiming to get the measure on the June primary ballot rather than wait for next year's general election, saying, "Our plan is to aggressively and quickly gather signatures before cold weather hits."

Hendrix and his allies have until Feb. 12 to turn in about 31,200 signatures, a figure that represents 4% of the state's population (North Dakota is the only state that doesn't require voter registration) in order to meet his timeline; if they submit in their petitions later, the amendment wouldn't go before voters until November 2024. No matter what, though, it would only take a simple majority to pass the proposal at the ballot box.

Congressional elections could experience some major changes coast to coast if the Supreme Court were to chart a new course, but it wouldn't immediately impact any of the three members of the Peace Garden State's all-GOP delegation. Sens. John Hoeven and Kevin Cramer are 66 and 62, respectively, while Rep. Kelly Armstrong is 46. Of course, many members of Congress have served (or currently serve) into their 80s and even beyond: Texas Rep. Ralph Hall was 91 when his career came to an end, while South Carolina Sen. Strom Thurmond remained in office until he was 100.

Senate

MI-Sen: GOP Rep. Lisa McClain told The Detroit News Wednesday that she's decided not to seek Michigan's open Senate seat.

NV-Sen: An unnamed source tells NBC that Jeffrey Ross Gunter, who had a turbulent tenure as Trump's ambassador to Iceland from 2019 to 2021, plans to launch a bid against Democratic Sen. Jackie Rosen sometime early next month. Gunter would join a GOP primary that includes Army veteran Sam Brown, whose kickoff this month came as welcome news to the NRSC, and Jim Marchant, the Big Lie spreader who narrowly lost last year's race for Nevada secretary of state.

Governors

IN-Gov: Howey Politics wrote Thursday that it anticipates outgoing state Commerce Secretary Brad Chambers will join the GOP primary "[s]ometime between now and Labor Day."

NC-Gov: Though term-limited Gov. Roy Cooper had previously declined to endorse Josh Stein to succeed him next year, he told a recent gathering of the Democratic Governors Association that one of his priorities is "getting North Carolina's Attorney General Josh Stein elected," in the words of Punchbowl News. Stein remains the only notable Democrat in the race for governor, but last month, Supreme Court Justice Mike Morgan, who is retiring from his current post, said that he's considering a bid. Cooper's comments might therefore be a subtle message that he'd prefer to see Stein avoid any competition in the primary, or that he'd be willing to help him secure the nomination if he does get company.

House

CA-22: Democratic state Sen. Melissa Hurtado on Wednesday filed FEC paperwork for a potential campaign against GOP Rep. David Valadao. Hurtado would join a top-two primary that includes 2022 nominee Rudy Salas, who lost a tight and expensive race last time: Politico notes that Salas enjoys the support of the number-three Democrat in the House, 33rd District Rep. Pete Aguilar, for his second try.

CO-03: Grand Junction Mayor Anna Stout announced Wednesday that she'll seek the Democratic nod to take on far-right Lauren Boebert, a move that comes months after 2022 nominee Adam Frisch launched his second bid after coming shockingly close to victory. Stout was elected in 2019 to the city council for this 68,000-person community where Trump won roughly 56-41 in 2020, and her colleagues chose her to serve a second one-year term as mayor in April. Colorado Public Radio also adds that she has "developed a reputation as a moderate lawmaker."

Stout will be in for an expensive fight against Frisch, who hauled in a massive $2.6 million during the second quarter of the year and finished June with $2.5 million in the bank. Boebert, who fended Frisch off by all of 546 votes last year, took in $810,000 during this time and had $1.4 million on-hand. Donald Trump carried this western Colorado district 53-45, but Democrats are hoping Boebert's tough race last year means she'll be in for another serious fight in 2024.

NH-01: Former Executive Councilor Russell Prescott on Thursday became the first notable Republican to launch a campaign against Democratic Rep. Chris Pappas, an announcement that came less than a year after Prescott badly lost the 2022 primary for this eastern New Hampshire constituency. He's likely to once again face intra-party opposition, though, in a longtime swing seat that favored Joe Biden 52-46.

Prescott is a longtime Granite State politician who won reelection to the state Senate in the 2002 general election by fending off none other than now-Sen. Maggie Hassan; Hassan unseated him in their 2004 rematch, but Prescott reclaimed his seat by riding the 2010 red wave to victory in their third and final bout. (Hassan herself bounced back in 2012 by winning the governorship.) Prescott made the jump to the powerful Executive Council in 2016 and narrowly won re-election two years later before retiring in 2020.

Prescott tried to return to elected office last cycle when he kicked off his campaign to take on Pappas, who had served with him on the Executive Council during his first term, just three-and-a-half months before the primary, but things did not go well. The candidate, whose $350,000 loan accounted for most of his budget, struggled to gain traction in a 10-way contest dominated by 2020 nominee Matt Mowers and election denier Karoline Leavitt: Leavitt beat out Mowers 34-25, with former TV reporter Gail Huff Brown taking 17% and Prescott lagging in fourth place with just 10%. Republicans hoped that another red wave would wash up, but Pappas instead beat Leavitt by a convincing 54-46.

NY-22: GOP Rep. Brandon Williams' office said Wednesday that the congressman was back in the hospital due to a "complication" following the heart bypass surgery he received two weeks ago. Williams' team added that he would be absent from the House "for the remainder of the week."

RI-01: The State Board of Elections put out a statement Wednesday saying it would not review any signatures from Lt. Gov. Sabina Matos' campaign, declaring, "Local boards did their job, verifying signatures, rejecting signatures, identifying a subset of rejected signatures as potentially fraudulent, and referring these to state and local law enforcement for criminal investigation." The state attorney general's office is investigating allegations that Matos' team submitted fraudulent petitions, but the Board of Elections argues she still turned in more than enough valid signatures to appear on the crowded Sept. 6 special Democratic primary ballot.

Meanwhile, former state Rep. Aaron Regunberg has begun what his team tells WPRI's Ted Nesi is a $300,000 TV buy through Election Day, which is the most that anyone has committed to spending on the airwaves. Regunberg's two inaugural spots (here and here) tout him as an effective progressive who "took on the old guard" and touts his support for Medicare for All and a Green New Deal. The latter ad also informs viewers that Vermont Sen. Bernie Sanders is backing Regunberg, an endorsement that became public the same day the spots debuted.

Nesi relays that Matos and former Biden administration official Gabe Amo, who each began their own opening buys, have spent or booked $280,000 and $215,000, respectively. Nesi adds that a fourth candidate, clean energy investor Don Carlson has increased his broadcast TV budget to $240,000 and will start advertising on Tuesday rather than in mid-August as he originally planned. Navy veteran Walter Berbrick has yet to launch any spots, though he did secure an endorsement from VoteVets this week.

Secretaries of State

OR-SoS: State Treasurer Tobias Read, who lost last year's Democratic primary for governor to Tina Kotek 56-32, this week became the first notable candidate to launch a bid for secretary of state. The post is held by LaVonne Griffin-Valade, whom Kotek appointed in late June after Democratic incumbent Shemia Fagan resigned in May following her admission that she'd been doing paid consulting work for a cannabis company at a time when her office was finishing an audit into how the state regulates such businesses. The Oregon Capitol Chronicle writes that Griffin-Valade "has said she doesn't plan to run for a full term," though there's no quote from her.

Because Oregon is one of a few states that lack a lieutenant governor’s office, the secretary of state is normally first in line to succeed the governor if the latter office becomes vacant. However, because that provision only applies to elected secretaries, Read took over the top spot in the line of succession once Fagan resigned, and if he’s elected secretary of state next year, he would remain first in line despite switching offices.

Ballot Measures

ME Ballot: Democratic Gov. Janet Mills unexpectedly announced Wednesday that a referendum to replace Maine's current state flag with one that was in use from 1901 to 1909 will take place in November 2024 rather than this fall. Mills was able to delay the referendum by not signing or vetoing the bill authorizing the vote, a move that ensured it would only take effect when the legislature reconvenes in January. "Rather than sign the bill and rush the question to ballot in little more than three months, she will … allow time for robust public debate and discussion on all sides of the issue," her team explained.

Maine's existing flag features, in the words of the Associated Press, "the state's coat of arms, which includes a pine tree, a moose, a seafarer and a lumberjack, against a blue background." The 1901 design, by contrast, shows just a green pine tree and blue star across a yellow backdrop, which proponents argue makes for a more distinctive image. Critics of the existing flag also argue that the design is far too cluttered.

However, as the Boston Globe recently explained, the fight over what flag to fly goes far beyond aesthetic preferences. "They want to take the farmer and the fisherman off the flag, to disappear them," a supporter of the status quo told the paper, continuing, "and to me that’s like what’s been done to the lobstermen and the fishermen in real life, over-regulating them and making it harder if not impossible to make a living."

Mayors and County Leaders

Houston, TX Mayor: The University of Houston is out with the first poll anyone has released since Rep. Sheila Jackson Lee launched her campaign four months ago, and it finds that, while she's well-positioned to advance to a runoff with state Sen. John Whitmire, she'd be the underdog against her fellow Democrat in a second round.

The school first looks at the Nov. 7 nonpartisan primary to succeed termed-out Democratic Mayor Sylvester Turner and has Whitmire and Jackson Lee taking 34% and 32%, respectively, with former METRO board chair Gilbert Garcia a very distant third with just 3%. U of H, though, shows Whitmire defeating the congresswoman 51-33 in a runoff. (The date has not yet been scheduled.)

While both the frontrunners are longtime Democratic officeholders in this blue city, the school shows Whitmer, who has sided with the GOP on multiple votes against bail reform, winning over Republican voters by an astounding 88-2 as independents back him 60-18. Jackson Lee, who reliably votes with her party in D.C., carries Democrats 55-28, but U of H says that's far from enough.

Nashville, TN Mayor: Former city economic development chief Matt Wiltshire and state Sen. Jeff Yarbro each earned a big-name endorsement Wednesday with about a week to go before the Aug. 4 nonpartisan primary to succeed retiring Mayor John Cooper. In Wiltshire's corner is Davidson County Sheriff Daron Hall, of whom the Nashville Banner writes, "If there is any vestige of a political machine left in the county, it belongs to Hall."

Yarbro, meanwhile, has the support of former Rep. Jim Cooper, who represented the entire city in Congress from 2003 until he left office early this year after Republican mapmakers passed an aggressive new gerrymander. Cooper is the brother of the current mayor, who has not yet taken sides. A GBAO Strategies survey taken July 17-19 for the Tennessee Laborers PAC, which doesn't appear to have taken sides in the crowded contest, also finds both Wiltshire and Yarbro locked in a tight race along with GOP strategist Alice Rolli for the second spot in the all-but-certain Sept. 14 runoff.

Council member Freddie O'Connell, who has emphasized his opposition to John Cooper's successful drive this year to fund a new stadium for the Tennessee Titans, is a clear first with 21%. Rolli, who is the only notable Republican in the running, holds a tiny 13-12 edge over Yarbro for second, with Wiltshire at 10%. State Sen. Heidi Campbell and Council member Sharon Hurt respectively take 8% and 6%, with 4% going to Davidson County Property Assessor Vivian Wilhoite.

We've seen just one other survey this month, a Music City Research survey taken July 5-6 that put O'Connell at 22% as Wiltshire led Rolli 17-13 for second. As we've noted before, that pollster is affiliated with a firm run by one of O'Connell's supporters, fellow Metro Council member Dave Rosenberg: Rosenberg told us earlier this month that this survey was paid for by a "private entity" that, as far as he was aware, was not backing or opposing anyone.

Wichita, KS Mayor: Campaign finance reports are in ahead of Tuesday's nonpartisan primary for mayor, and former TV reporter Lily Wu outpaced Democratic incumbent Brandon Whipple and the other contenders in the period spanning Jan. 1 through July 20. The two candidates who earn the most votes next week will compete in the Nov. 7 general election.

Wu, who switched her party affiliation from Republican to Libertarian last year, hauled in $207,000 thanks in large part to what KMUW's Kylie Cameron says are big donations from "prominent Wichita business leaders," and she finished with $88,000 available for the home stretch. Wu also has the support of Americans for Prosperity, which is part of the Wichita-reared Koch family's conservative political network (Koch Industries remains headquartered here); however, since these reports don't cover outside spending, it's not clear what it's doing to aid her.

GOP City Council member Bryan Frye, meanwhile, outraised Celeste Racette, a Democrat turned independent who leads a group advocating for the historic performance venue Century II, $93,000 to $39,000, and he went into the final weeks with a $26,000 to $4,000 cash-on-hand advantage. Whipple, by contrast, brought in $35,000, while he had $28,000 in the bank.

Prosecutors and Sheriffs

Cook County, IL State's Attorney: Eileen O'Neill Burke, who retired this month as a local appellate court justice, announced this week that she was joining next year's party primary to succeed her fellow Democrat, retiring incumbent Kim Foxx, as the top prosecutor for America's second-most populous county. Burke, who pitched herself as "a steady hand at the wheel," is the second candidate to launch after attorney Clayton Harris, who has the backing of Cook County Board President Toni Preckwinkle.

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

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."

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