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.

Our all-time favorite loser prays the fifth time will be the charm on his endless quest for Congress

We have more primary action Tuesday as voters in Maine, Nevada, North Dakota, and South Carolina select their party’s nominees. Additionally, there will be an all-party primary in Texas’ 34th District to replace Democratic Rep. Filemon Vela, who resigned early to take a job at a lobbying firm. 

Below you'll find our guide to all of the top contests, arranged chronologically by each state’s poll closing times. When it’s available, we'll tell you about any reliable polling that exists for each race, but if we don't mention any numbers, it means no recent surveys have been made public.

And of course, because this is a redistricting year, every state on the docket has a brand-new congressional map. To help you follow along, you can find interactive maps from Dave's Redistricting App for Maine, Nevada, and South Carolina. (North Dakota retains its lone congressional district.) 

Listen and subscribe to Daily Kos Elections’ The Downballot podcast with David Nir and David Beard

Note that the presidential results we include after each district reflect how the 2020 race would have gone under the new lines in place for this fall—except in Texas’ 34th, which is being conducted using the existing boundaries. (The state held its regularly-scheduled primary for the new district earlier this year.) And if you'd like to know how much of the population in each new district comes from each old district, please check out our redistribution tables.

Our live coverage will begin at 7 PM ET at Daily Kos Elections when polls close in South Carolina. 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 for primaries in all 50 states.

South Carolina

Polls close at 7 PM ET. A June 28 runoff will take place in any contest where no one takes a majority of the vote.

SC-01 (R) (54-45 Trump): Freshman Rep. Nancy Mace infuriated Donald Trump last year when she blamed him for the Jan. 6 attacks, and he responded by endorsing former state Rep. Katie Arrington's primary campaign in February. The winner will go up against pediatrician Annie Andrews, a well-funded Democrat who has no primary foes in a seat along the state's southern coast that Republican map makers made more conservative.

Mace, who has the support of former Gov. Nikki Haley, has pushed back against Arrington’s attempts to portray her as disloyal to the GOP by touting her own conservative values. She’s also reminded voters that Arrington denied renomination in 2018 to then-Rep. Mark Sanford, only to lose the general election to Democrat Joe Cunningham, arguing the challenger would jeopardize the seat again. (Mace herself unseated Cunningham, who is now running for governor, two years later.)

The incumbent has enjoyed a huge financial advantage, and a pro-Mace group released a late May poll showing her ahead 44-24. That survey still put Mace below the majority she’d need to avoid a runoff, which is a real possibility since a third candidate named Lynz Piper-Loomis remains on the ballot even though she dropped out weeks ago and endorsed Arrington. Trump, though, seems pessimistic about beating Mace, as Politico recently reported he’s avoided returning to the state out of fear that Arrington is about to lose.

SC-07 (R) (59-40 Trump): Rep. Tom Rice shocked political observers last year when he became one of the 10 House Republicans to vote to impeach Donald Trump, and he now faces six primary opponents in a northeastern South Carolina seat that changed little after redistricting.

Trump's endorsed candidate is state Rep. Russell Fry, whom Rice’s side has argued isn’t actually the conservative he presents himself as. The field also includes former Myrtle Beach Mayor Mark McBride, Horry County Schools Board of Education Chairman Ken Richardson, physician Garrett Barton, and pharmacist Spencer Morris, who have all attracted far less attention than Fry but could each take enough of the vote to force a runoff.

Maine

Polls close at 8 PM ET. While Maine will host competitive races for governor and the 2nd Congressional District this fall, there's little action in the primaries: Former Gov. Paul LePage has the GOP nod to take on Democratic incumbent Janet Mills sewn up, while former Rep. Bruce Poliquin is all but certain to face Democratic Rep. Jared Golden in a rematch of their 2018 race.

North Dakota

Polls close at 7 PM local time, which is 8 PM ET in the eastern part of the state and 9 PM ET in the western part of the state.

Texas

Polls close at 8 PM ET / 7 PM local time.

TX-34 (special all-party primary) (52-48 Biden): Democratic Rep. Filemon Vela resigned from this Rio Grande Valley constituency earlier this year to take a job at a lobbying firm, and two Democrats and two Republicans are competing to replace him in an all-party primary taking place under the old district lines. A runoff would be necessary if no one takes a majority of the vote, though a second round won't be scheduled unless it's actually needed. 

The Republican frontrunner is Mayra Flores, who is already the GOP nominee for the new version of the 34th District. (The redrawn 34th is significantly more Democratic at 57-42 Biden.) The Democrats have consolidated behind former Cameron County Commissioner Dan Sanchez, who is not running for a full two-year term anywhere. The other two contenders, Republican Janie Cantu-Cabrera and Democrat Rene Coronado, have gained little notice.

While this battle won’t directly impact control of Congress, Republicans hope a victory will demonstrate that Trump’s 2020 gains in heavily Latino areas like this were no fluke. Flores could also benefit from a few months of incumbency going into her general election contest against Democratic Rep. Vicente Gonzalez, who represents the existing 15th District. Flores and her allies have spent over $1 million, while the first Democratic commercials came during the final week of the race when House Majority PAC began a $120,000 ad campaign tying Flores to the Jan. 6 rioters.

Nevada

Polls close at 10 PM ET /7 PM local time.

NV-Sen (R) (50-48 Biden): While Trump’s endorsed candidate, former Attorney General Adam Laxalt, remains the undisputed frontrunner in the Republican primary to take on Democratic Sen. Catherine Cortez Masto, the 2018 gubernatorial nominee has had to deal with an unexpectedly expensive primary against Army veteran Sam Brown.

Brown, who's framed himself as a political outsider, has faulted Laxalt for waiting too long to file litigation trying to overturn Biden's win in 2020. Laxalt’s allies at the Club for Growth appear to be taking this contest seriously, since the group has spent over $1 million to boost him. A poll for the nonpartisan Nevada Independent found Laxalt ahead 48-34 just ahead of the primary. 

NV-Gov (R) (50-48 Biden): Republicans have a crowded contest to take on Democratic Gov. Steve Sisolak, but Clark County Sheriff Joe Lombardo had long looked like the frontrunner even before Trump backed him in April. North Las Vegas Mayor John Lee, a former conservative Democrat who defected to the GOP last year, has outspent Lombardo on the airwaves, but the sheriff’s allies have made up the gap by spending $3 million to promote him. The Democratic Governors Association, meanwhile, has invested about $2.5 million on ads aimed at stopping Lombardo from advancing, or at least hoping to weaken him for the general election.  

However, the Nevada Independent’s poll finds Lombardo well-positioned to win the nomination by defeating attorney Joey Gilbert, a former professional boxer who has bragged that he was "definitely on the Capitol steps" on Jan. 6, 34-21. Both Lee and former Sen. Dean Heller, who lost a very competitive re-election bid in 2018, were in third with 10% each, while venture capitalist Guy Nohra trailed further behind.

NV-01 (D & R) (53-45 Biden): Democrats in the legislature made this seat in the eastern Las Vegas area considerably more competitive in order to make the 3rd and 4th Districts bluer—enraging Democratic Rep. Dina Titus in the process. The congresswoman, who represents just over half of the redrawn seat, now faces notable primary and general election opposition after a decade of easy wins.

Titus’ lone intra-party foe is progressive activist Amy Vilela, who ran in the 4th in 2018 and took third place in the primary with 9%. Vilela, who is arguing that the incumbent has done little to advance priorities like Medicare for All, has brought in a credible sum of campaign cash, while a group called Opportunity for All Action Fund has spent $240,000 to promote the incumbent. 

Eight Republicans are competing to take on the winner. The one with the most national name recognition is former 4th District Rep. Crescent Hardy, who won that seat in a 2014 upset before losing competitive races there in 2016 and 2018. Only about 4% of the new 1st’s denizens live in Hardy’s old constituency, though, and the former congressman has barely raised any money for his latest comeback attempt. The other notable contenders are conservative activist David Brog, Army veteran Mark Robertson, and former Trump campaign staffer Carolina Serrano.

NV-02 (R) (54-43 Trump): Republican Rep. Mark Amodei is seeking renomination in a reliably red northern Nevada seat that changed little under the new map against a field of four challengers led by the one and only Danny Tarkanian. Tarkanian has lost bids for the Senate (2010) and the House (2012, 2016, and 2018), not to mention two campaigns for state office in the aughts plus an abortive run for the Senate and the state board of regents.

But Tarkanian, who was a longtime resident of the Las Vegas area well to the south, finally ended his legendary losing streak in 2020 by winning the job of county commissioner in his new rural home of Douglas County. Amodei, of course, is still portraying his opponent as an interloper. The incumbent’s allies at the Congressional Leadership Fund, which is the main super PAC of the House GOP leadership, have spent $240,000 on ads slagging Tarkanian as a perennial loser, while a group called the Police Officers Defense Alliance has invested $860,000 on pro-Amodei spots; the With Honor Fund has also come to the congressman’s aid with $260,000 in support.

Tarkanian, who has received little outside help of his own, is using his personal funds to largely finance his latest campaign. The challenger has gone after Amodei for showing some openness to impeaching Trump in 2019 and for blaming the GOP's master for the Jan. 6 attack, though the congressman never voted for impeachment in either situation.

NV-03 (R) (52-46 Biden): Democratic legislators sought to protect Rep. Susie Lee in this southern Las Vegas area seat by extending Biden’s margin of victory up from just 49.1-48.9, but her five Republican foes are betting she’s still vulnerable. The frontrunner is attorney April Becker, who narrowly failed to unseat state Senate Majority Leader Nicole Cannizzaro last cycle and has the support of House Minority Leader Kevin McCarthy. Becker has also far outspent her intra-party rivals, though Army veteran Noah Malgeri and self-funder John Kovacs each also deployed a notable amount.

NV-04 (R) (53-45 Biden): Three Republicans are campaigning to take on Democratic Rep. Steven Horsford, whose constituency in the northern Las Vegas area became bluer under the new map. The only elected official of the trio is Assemblywoman Annie Black, who attended the Jan. 6 Trump rally that preceded the attack on the Capitol.

Sam Peters, an Air Force veteran and businessman who took second place in the 2020 primary to face Horsford, is also trying again, and he’s touted support from two of the far-right's loudest members of Congress, Arizona Reps. Andy Biggs and Paul Gosar. The third contender is Chance Bonaventura, who works as an aide to another far-right politician, Las Vegas Councilwoman Michele Fiore (Fiore herself is campaigning for state treasurer), but has raised very little money.

NV-AG (R) (50-48 Biden): Democrat Aaron Ford made history in 2018 when he became the first Black person elected to statewide office in Nevada, and two Republicans are now campaigning to unseat the attorney general. For months, the only candidate was Sigal Chattah, an attorney who has sued to undermine the state's pandemic response measures and who has complained that the attorney general has done a poor job investigating (baseless, of course) voter fraud allegations.

February, though, saw the entrance of Tisha Black, who lost a 2018 race for Clark County Commission and who founded a cannabis industry trade group. Chattah has attacked Black for a donation she made to now-Democratic Gov. Steve Sisolak in 2015, a contribution Black has denied making despite the unambiguous evidence that she had. A Democratic group has run radio ads slamming Black over her donation while calling Chattah a "MAGA conservative." (Unlike similar efforts by Democrats elsewhere seeking to choose their opponents, these ads don't merely "attack" Chattah in a backhanded way but openly call for her election.)

NV-SoS (R) (50-48 Biden): Secretary of State Barbara Cegavske, who was the only Nevada Republican to prevail statewide during the 2018 Democratic wave, is termed out, and Republicans are likely to nominate an extremist in the race to succeed her. The GOP nominee will go up against former state Athletic Commission member Cisco Aguilar, who has no Democratic opposition. A recent GOP primary poll for the Nevada Independent showed a 21-21 deadlock between former Assemblyman Jim Marchant and developer Jesse Haw, with former Judge Richard Scotti far back at 8%.

Marchant, who was the 2020 nominee against Rep. Steven Horsford, is a QAnon ally who has said he would not have certified Joe Biden's 2020 victory; he's also attracted notoriety allying with conspiracist candidates in other states running to become chief election officials. Haw, who briefly served in the state Senate for a few months in 2016, hasn’t focused nearly as much on the Big Lie, but he’s very much alluded to it by saying that last election “had a lot of shenanigans and potential fraud.”

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

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

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

Leading Off

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

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

Campaign Action

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

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

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

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

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

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

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

Senate

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The releases did not include presidential numbers.

House

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Polls:

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

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

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

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

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

Mayoral

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

ELECTION CHANGES

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

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

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

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

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

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