Category: NY-LG

Morning Digest: Trump’s guy won the Ohio Senate primary—and no, it wasn’t J.P. Mandel

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.

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Leading Off

● OH-Sen: The Republican primary for Ohio's open Senate seat—which weighed in at nearly $75 million—finally concluded on Tuesday with a win for Trump's endorsed candidate, venture capitalist J.D. Vance. Vance, the Hillbilly Elegy author and one-time vociferous Trump critic, reinvented himself as a MAGA diehard and defeated former state Treasurer Josh Mandel 32-24 for the nod to succeed retiring Sen. Rob Portman. Vance will take on Democratic Rep. Tim Ryan, who won his own primary 70-18 against former Treasury official Morgan Harper, in a longtime swing state that has lurched hard to the right in recent years.

Just a few months ago, Vance's allies at Protect Ohio Values, a super PAC funded by megadonor Peter Thiel, warned that the candidate's poll numbers were in "precipitous decline." The group highlighted the previous fall’s assault by the Club for Growth, which supported Mandel and had run a barrage of ads using 2016 footage of Vance saying, "I'm a Never Trump guy," an offensive that persuaded many voters that Vance could not be trusted.

Thiel's group responded with new advertisements that rebranded Vance as a Trump loyalist, a maneuver that seems to have at least kept him in contention. Vance was also able to keep going because none of his four major rivals were able to establish a meaningful lead—either in the polls or in the contest to win Trump's endorsement. (Only state Sen. Matt Dolan, who criticized Trump as recently as last year, didn't seek it.) The financier also had a powerful ally in Fox News host Tucker Carlson, whom Rolling Stone reported played a key role in winning Trump over to Vance's side.

Carlson reportedly not only made the case that Vance's anti-Trump days were long behind him, he also argued that Mandel's main benefactor, Club president David McIntosh, was untrustworthy because of what the story calls an "an embarrassing and 'chronic' personal sexual habit." The magazine refused to provide any details about this salacious claim, but it relayed that Trump "spent a notable amount of time gossiping and laughing about the prominent Republican's penis." (Can't believe you just had to read that sentence? We can't believe we had to write it, either.)

No matter what ultimately convinced Trump, though, he went on to give his stamp of approval to Vance less than three weeks ahead of the primary. Trump excused Vance's past disloyalty at a recent rally, saying that while his new favorite had indeed "said some bad shit about me," each of his rivals "did also."

The Club hoped that voters wouldn't be so forgiving, and it even ran a commercial questioning Trump's judgment—a shocking gambit given the GOP's obeisance to its supreme master. Even Trump himself managed to give Vance a humiliating round of headlines just two days before Election Day when he told an audience, "We've endorsed—JP, right? JD Mandel, and he's doing great." But while Trump couldn't remember Vance's name, enough Republican primary voters could.

We'll be recapping all of Tuesday's results in Ohio and Indiana in the next Morning Digest, though if you don't want to wait that long, join us on Wednesday at Daily Kos Elections and follow along as we provide updates in our Live Digest.

Senate

● NV-Sen, NV-Gov, NV-04: Former state Attorney General Adam Laxalt has publicized an internal from WPA Intelligence that gives him a 57-20 lead over Army veteran Sam Brown ahead of the June 14 Republican primary. Back in mid-March, WPA's survey for Laxalt's allies at the Club for Growth found him ahead by an almost-identical 57-20 margin.

The central committee of the Nevada Republican Party, though, spurned the Trump-backed frontrunner over the weekend by voting to endorse Brown. The party's leadership also threw its support behind attorney Joey Gilbert, who has bragged that he was "definitely on the Capitol steps" on Jan. 6, in the primary for governor; the decision came days after Trump endorsed another candidate, Clark County Sheriff Joe Lombardo. Additionally, the state GOP went for Air Force veteran Sam Peters in the GOP contest to face 4th District Democratic Rep. Steven Horsford.

Governors

● NY-Gov: The state Board of Elections ruled Monday that both 2014 nominee Rob Astorino and former Trump White House staffer Andrew Giuliani had submitted enough valid signatures to appear on the June Republican primary ballot despite a challenge by one of their intra-party rivals, Rep. Lee Zeldin. The field also includes wealthy businessman Harry Wilson, whose petitions were not contested by anyone.

● RI-Gov: Campaign finance reports are in covering the first quarter of 2022, and WPRI has rounded up the totals for all the notable Democratic contenders:

  • former CVS executive Helena Foulkes: $900,000 raised, additional $400,000 self-funded, $1.5 million cash-on-hand

  • Gov. Dan McKee: $427,000 raised, $1.1 million cash-on-hand

  • Secretary of State Nellie Gorbea: $378,000 raised, $896,000 cash-on-hand

  • former Secretary of State Matt Brown: $110,000 raised, $79,000 cash-on-hand 

Businesswoman Ashley Kalus, who is the only major Republican contender, took in a mere $13,000 from donors but self-funded another $500,000, which left her with $410,000 available at the end of March.

House

● FL-15, FL-14: Jay Collins, who lost a leg as a combat medic in Afghanistan, announced Tuesday that he would seek the Republican nomination for the new and open 15th District. Collins had been running against Democratic Rep. Kathy Castor in the neighboring 14th District, which remains safely blue turf under the GOP's new gerrymander, and he ended March with $339,000 on hand that he can use for his new campaign.

On the Democratic side, Alan Cohn, who was the party's 2020 nominee against now-Rep. Scott Franklin in the old 15th, says he's also "seriously considering" running for the open seat. (Franklin himself is running for the renumbered 18th District.)

● NY-LG, NY-19: Gov. Kathy Hochul named Rep. Antonio Delgado as her new lieutenant governor on Tuesday, the day after state legislators passed a new law at Hochul's behest allowing former Lt. Gov. Brian Benjamin's name to be removed from the ballot following his resignation last month.

The legislation also allowed a seven-member committee of Democratic leaders to swap Delgado in for Benjamin, who prior to the new law's enactment could only have been taken off the ballot had he died, moved to another state, or been nominated for another office; now, anyone charged with a crime can be removed as well.

Delgado, a moderate representing the swingy 19th District in Upstate's Hudson Valley, was facing a difficult re-election campaign that was likely about to get more so: While his fellow Democrats had sought to make his seat bluer in redistricting, that map was recently thrown out by the state's highest court, so the next iteration of the 19th—which will be drawn by an independent expert—could well be tougher.

But Delgado's new path is still fraught. In New York, candidates run in separate primaries for governor and lieutenant governor, with the winners merged onto a single ticket on the November ballot. That system typically prompts pairs of candidates to forge alliances in the hopes of avoiding an unwelcome "shotgun wedding" for the general election, but even if Hochul defeats her two opponents on June 28 (as all polls have indicated she will), there's no guarantee Delgado will do the same.

In fact, after Benjamin's arrest on bribery charges, a number of progressive leaders had rallied around activist Ana Maria Archila, who's allied with New York City Public Advocate Jumaane Williams. (The only other alternative, former New York City Councilwoman Diana Reyna, is running alongside Rep. Tom Suozzi, who's positioned himself well to Hochul's right.)

Delgado will benefit from Hochul's powerful perch and massive war chest, but he may be hurt by accusations that the governor sought to change the rules mid-stream in order to benefit herself—a concern that led a sizable number of Democratic senators to oppose the bill in a rare show of dissent.

And no one knows better that being linked with a powerful, deep-pocketed governor is no guarantee of victory than Hochul herself. In 2018, on the same day that then-Gov. Andrew Cuomo romped to an easy 66-34 victory over actor and activist Cynthia Nixon, Hochul only narrowly defeated the little-known Williams, at the time a member of the City Council, by just a 53-47 margin.

Once Delgado is sworn in to his new post—no legislative confirmation is required—Hochul will have 10 days to call a special election under a law passed last year requiring such elections be held in a much timelier manner than they had been in the past. (Cuomo had been notorious for repeatedly dragging his feet on calling specials when it didn't suit him to do so, thanks to a huge gap in state law that gave him wide discretion.) The election must then be held within 70 to 80 days.

While redistricting is still up in the air, the special will take place under the old lines. Recent trends had been favorable for Democrats in the 19th: Joe Biden flipped the district in 2020, carrying it by a slender 50-48 margin four years after Donald Trump won it 51-44; Delgado, meanwhile, unseated one-term Republican Rep. John Faso 51-46 in 2018 and then defeated an unheralded GOP foe 54-43 two years later.

In New York, local party committees, rather than primary voters, pick nominees for special elections, but there isn't much suspense as to whom Republicans will choose. Dutchess County Executive Marc Molinaro has been running for the 19th since September without any serious intra-party opposition, and he quickly confirmed he would campaign in this summer's contest.

Things are far more uncertain on the Democratic side, though a couple of names have already surfaced. Ulster County Executive Pat Ryan, who took second place to Delgado in the 2018 primary, said he was considering, while an unnamed source told the New York Times that state Sen. Michelle Hinchey is looking at the contest as well. Hinchey is the daughter of the late Rep. Maurice Hinchey, who represented a sizable portion of this district from 1993 to 2013.

● OR-05: Journalists at Sludge report that Mainstream Democrats PAC, a new group with the stated purpose of thwarting "far-left organizations" that want to take over the Democratic Party, will spend $800,000 in ads to help moderate Rep. Kurt Schrader fend off attorney Jamie McLeod-Skinner in the May 17 primary.

The first spot from the super PAC, which is funded in part by LinkedIn co-founder Reid Hoffman, uses footage of the Jan. 6 attack and warnings about Team Blue's prospects in the midterms to argue, "We need proven leaders who can beat Trump Republicans." The narrator goes on to declare that McLeod-Skinner, who lost both the 2018 general election for the safely red 2nd District and 2020 primary for secretary of state, "just can't do it," while Schrader "beats every Republican every time." The commercial continues by arguing that the incumbent shares "our Democratic values" and reminding the audience that he's President Joe Biden's endorsed candidate.

● TN-05: Music video producer Robby Starbuck has filed a lawsuit in federal court challenging the state GOP's decision to keep him off the August primary ballot for failing to meet the party's definition of a "bona fide" Republican. Starbuck, who moved to the state three years ago, was rejected because he had not voted in three of the last four statewide primaries, which his suit dubbed an unconstitutional "camouflaged residency requirement."

Former State Department spokesperson Morgan Ortagus, who was Trump's endorsed candidate, also failed to pass the bona fide test for the same reasons, but she says she will not challenge the decision. Businessman Baxter Lee, the third candidate kicked off the ballot, does not appear to have said what he'll do. It may not matter, though, as NBC notes that "courts, including those in Tennessee, have given broad deference to political parties in such disputes" as this one.

Prosecutors

● Baltimore, MD State's Attorney: Prosecutor Thiru Vignarajah last month released a mid-April GQR poll that shows him trailing incumbent Marilyn Mosby 35-32 in the July Democratic primary to serve as Baltimore's top prosecutor, with defense attorney Ivan Bates at 13%. It takes only a simple plurality to secure the Democratic nod, which is tantamount to election in this reliably blue city.

Ad Roundup

Morning Digest: Jeff Merkley slams top super PAC’s spending in House primary as ‘flat-out wrong’

Posted on by Daily Kos Elections

The Daily Kos Elections Morning Digest is compiled by David Nir, Jeff Singer, 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!

Leading Off

● OR-06: In an unprecedented move that was greeted with instant fury by local and national Democrats alike, the House Majority PAC began spending at least $1 million this week on TV ads promoting the campaign of Carrick Flynn, one of seven Democrats seeking to represent Oregon's brand-new 6th Congressional District.

The other six candidates released an unusual joint statement condemning the move on Monday, calling out the fact that four of the contenders are women, including three women of color. (Flynn is a white man.) "This effort by the political arm of the Democratic establishment to buy this race for one candidate is a slap in the face to every Democratic voter and volunteer in Oregon," read the press release, "and is especially concerning in a year when all resources must go to protecting the Democratic majority."

Oregon Sen. Jeff Merkley, who hasn't backed anyone in the race, piled on as well, calling HMP's actions "flat-out wrong". Meanwhile, the Congressional Hispanic Caucus's BOLD PAC, which has endorsed state Rep. Andrea Salinas, also excoriated HMP, arguing that "Democrats should be doubling-down on their investments to empower Latino and Latina candidates" and pointing out that no Hispanic person has ever represented Oregon in Congress. (One unnamed operative wondered aloud to The Hill's Rafael Bernal whether HMP's decision might "affect[] the relationship where Bold PAC is no longer a large donor to HMP like they've been in the past." The CHC has given more than $6 million to HMP since 2012.)

Campaign Action

In response, a spokesperson for HMP offered a spectacularly unconvincing explanation for the group's new spending. "House Majority PAC is dedicated to doing whatever it takes to secure a Democratic House majority in 2022, and we believe supporting Carrick Flynn is a step towards accomplishing that goal," said communications director CJ Warnke in a statement. "Flynn is a strong, forward-looking son of Oregon who is dedicated to delivering for families in the 6th District."

There's nothing so special about Flynn that he's a must-have nominee—and if there were, he wouldn't need all this help. As Merkley says, Democrats "have multiple strong candidates" who could all win the 6th District, a newly created seat in the Portland suburbs that Joe Biden would have carried by a 55-42 margin.

But what really makes HMP's claim impossible to believe is that the PAC, in its decade-long existence, has never before involved itself in a primary like this. Virtually all of the organization's spending since inception has been devoted to winning general elections. Just twice has HMP reported spending anything to support Democratic candidates in primaries, and in both cases, they were seeking open seats in California where Democrats were worried about getting locked out of the November election due to the state's top-two primary rules: Julia Brownley in the old 26th District in 2012 and then Salud Carbajal in the old 24th in 2016—ironically, a joint effort with the CHC. The PAC has never simply taken sides in a traditional partisan primary.

So why now? Flynn has already been the beneficiary of a $5 million TV and radio ad campaign by another super PAC called Protect Our Future, which is funded by a free-spending 30-year-old billionaire named Sam Bankman-Fried, who made his fortune in cryptocurrency and has lately been seeking to influence policy-making on that front in D.C. (Forbes says he's worth $24 billion. Incidentally, the CEO of the crypto exchange Bankman-Fried founded, Ryan Salame, just this week announced the formation of a similar super PAC aimed at Republicans.)

Bankman-Fried's interest in Flynn is unclear—the candidate claims he has "never met or talked to" his benefactor, and any coordination between the two would be illegal—but Protect Our Future's involvement in the race has prompted a great deal of speculation. As the campaign manager for engineer Matt West, one of the other Democratic hopefuls, put it to OPB's Dirk VanderHart, "Do I know exactly what was exchanged by [Bankman-Fried's] people and [House Majority PAC's] people? No, but I can speculate, as can everyone, that promises have been made."

In other words, goes this line of thinking, HMP is breaking with 10 years of tradition to help Flynn in the expectation that Bankman-Fried will come through with a presumably larger donation to the PAC, which in 2020 eclipsed the DCCC as the largest outside spender on House races on the Democratic side. But if this theory is true, what makes things even more bizarre is that Bankman-Fried could easily dump as much money as he'd like to boost Flynn through his own super PAC. Why go through HMP, then, unless this is a play for winning influence within a major arm of the Democratic Party?

It'll likely be a while before we find out the full story, though. HMP files financial reports with the FEC every month, but the report detailing any transactions in the month of April won't be available until May 20—three days after the Oregon primary.

As for the ad itself, it's narrated by small businessman Quandray "Q" Robertson, who says, "As an owner of a boxing gym, I know a fighter when I see one." Though Robertson is shown prepping and later sparring with a boxer, he means it metaphorically, as the athlete on-screen is not actually Flynn. Instead, says Robertson, Flynn will "stand up to the Trump Republicans" while tackling climate change and prescription drug costs.

Meanwhile, Salinas has also released her first TV ad of the race, which she narrates herself. She says her father "started working the fields" but found a "path to citizenship, and a better life" thanks to his military service in Vietnam. With his experience as inspiration, she says she "passed the country's strongest reproductive rights law," fought for lower drug prices, and "took on polluters to combat climate change."

Redistricting

● NH Redistricting: The New Hampshire Supreme Court has appointed Stanford Law professor Nathan Persily as a special master to draw a new congressional map for the state in the event that a deadlock between the Republican-run legislature and GOP Gov. Chris Sununu remains unresolved. The court, however, cautioned that it was only taking "preliminary steps … in the event that the legislative process fails to produce a fully enacted congressional redistricting plan."

● NY Redistricting: A New York appellate judge has kept in place a stay of a recent lower court ruling that struck down the state's new congressional and legislative maps, allowing this year's elections to proceed under the new lines, for now. However, Appellate Division Judge Stephen Lindley did say that the trial court judge, Patrick McAllister, could proceed with hiring a special master to draw a new congressional map, which could be used in the event that the state's highest court, the Court of Appeals, upholds McAllister's decision.

1Q Fundraising

  • AZ-Sen: Mark Brnovich (R): $765,000 raised  
  • OH-Sen: Tim Ryan (D): $4.1 million raised, $6.4 million cash-on-hand
  • UT-Sen: Mike Lee (R-inc): $1.35 million raised, $2.42 million cash-on-hand
  • WI-Sen: Mandela Barnes (D): $1.7 million raised
  • NE-Gov: Jim Pillen (R): $2.3 million raised (through April 5), $2.9 million cash-on-hand
  • CA-27: Quaye Quartey (D): $320,000 raised  
  • IA-02: Liz Mathis (D): $715,000 raised, $1.3 million cash-on-hand
  • NJ-07: Tom Malinowski (D-inc): $1.06 million raised, $3.5 million cash-on-hand; Tom Kean Jr. (R): $840,000 raised, $1.5 million cash-on-hand
  • NV-01: Carolina Serrano (R): $275,000 raised, $250,000 cash-on-hand
  • OR-06: Andrea Salinas (D): $340,000 raised  
  • PA-12: Steve Irwin (D): $600,000 raised  
  • PA-17: Jeremy Shaffer (R): $670,000 raised, $615,000 cash-on-hand
  • SC-01: Katie Arrington (R): $307,000 raised (in 52 days), additional $500,000 self-funded, $750,000 cash-on-hand

Senate

● AZ-Sen: Democratic Sen. Mark Kelly's new spot features footage of the former astronaut in zero-g as he tells the audience, "Compared to Congress, the way NASA operates might seem kind of upside down. Putting the mission first. Working as a team. And getting the job done —no matter what." The senator proclaims that he's "doing things differently" than the rest of the D.C. crowd and will "put aside the party politics so we can accomplish results, together."

● NC-Sen: SurveyUSA takes a look at the May 17 Republican primary on behalf of WRAL and finds Rep. Ted Budd beating former Gov. Pat McCrory 33-23, with just 7% going to former Rep. Mark Walker. Several other recent polls have also given Budd the lead.

● NV-Sen, NV-Gov: The Reno Gazette-Journal has released a poll from Suffolk University testing several different hypothetical general election scenarios for Senate and governor, and it finds things close overall. Former Attorney General Adam Laxalt posts a 43-40 advantage over Democratic Sen. Catherine Cortez Masto, while Army veteran Sam Brown, who is the underdog in the June Republican primary, edges her out 40-39.

Turning to the governor's race, Suffolk pits Democratic incumbent Steve Sisolak against five different Republicans:

41-29 vs. venture capitalist Guy Nohra

39-35 vs. attorney Joey Gilbert

39-39 vs. former Sen. Dean Heller

37-39 vs. Clark County Sheriff Joe Lombardo

37-40 vs. North Las Vegas Mayor John Lee

● PA-Sen: Lt. Gov. John Fetterman has publicized an internal from GBAO that finds him leading Rep. Conor Lamb 44-19 in the May 17 Democratic primary, while state Rep. Malcolm Kenyatta takes 17.

On the GOP side, TV personality Mehmet Oz is trumpeting his endorsement from Trump in his new ad, and he also gets in a swipe at former hedge fund manager David McCormick. "Trump knows who the real conservative is who's gonna shake up Washington," says the narrator. "It's not David McCormick, the liberal pro-Biden, pro-China, Wall Street insider."

Governors

● GA-Gov: Gov. Brian Kemp's allies at Hardworking Georgians are out with a Cygnal poll arguing that he's in a strong position both to claim the Republican nod and defeat Democrat Stacey Abrams in the fall. The survey shows Kemp taking 49% of the vote on May 24, which is tantalizingly close to the majority he needs to avoid a July runoff, while former Sen. David Perdue is well behind with 33%; Cygnal also finds the incumbent ahead 52-37 in a two-person contest. The general election portion gives Kemp a 50-44 lead in a rematch with Abrams even as she edges out Perdue 48-47.

Abrams, for her part, is continuing to run positive spots to reintroduce herself to voters. One ad is based around a testimonial from Lara Hodgson, an independent who describes how she partnered with Abrams to build a successful small business. The spot briefly alludes to the candidate's recent cameo on "Star Trek: Discovery" when Abrams explains that she and her co-star are a bit different: "Laura's more Star Wars," says Abrams, to which Hodgson responds, "Stacey's … Star Trek." Another commercial features a Macon restaurateur crediting Abrams for helping her and her community during the pandemic.

● MN-Gov: State Sen. Paul Gazelka has picked up an endorsement from the Minnesota Police and Peace Officers Association, which is the largest police union in the state, in his quest for the Republican nomination for governor. The Minnesota Reformer described the development as a "blow to former Hennepin County Sheriff Rich Stanek," who is one of the many other Republicans who is competing for the state party endorsement at the May 13-14 convention.

● OK-Gov: While Gov. Kevin Stitt had looked secure ahead of his June Republican primary, NBC reports that two dark money groups have together spent a hefty $3.3 million to derail him. The incumbent is now firing back with an ad declaring, "The insiders and casino bosses are spending millions to attack Kevin Stitt because he won't do their bidding, resorting to lies, smears, even actors." The story says that Stitt has spent a total of $468,000 on ads so far, while his allies at the RGA are deploying another $577,000 to support him.

Stitt only picked up a notable intra-party challenger last month when Oklahoma Department of Veterans Affairs Director Joel Kintsel launched his bid to unseat his boss, but the offensive against the governor began well before then. All the way back in December, an organization called Conservative Voice of America began running ads attacking Stitt for approving the 2020 release of an inmate named Lawrence Anderson, who was charged the next year with murdering three people, while another group called Sooner State Leadership has deployed similar messaging. (Public Radio Tulsa said Anderson's release was "apparently recommended by the state pardon and parole board by mistake.")

CVA, per NBC, has spent $1.7 million so far, while SSLF has dropped a similar $1.6 million. A third outfit, The Oklahoma Project, said in December that it would spend $500,000 total to thwart Stitt. The group's messaging has been different from that of the other two, though, as its ads have argued that the governor has failed to achieve results.

Last month, Fox 23 sought to learn more about Stitt's critics. It traced TOP's donations back to George Krumme, an oilman and longtime member of the Democratic National Committee. SSLF, meanwhile, was formed by former GOP state Rep. Trebor Worthen, but the organization is not required to divulge its donors. Worthen, in the words of KOCO, said his group "is made up of business and community leaders dedicated to encouraging strong leadership in Oklahoma," adding that it planned to spend a total of $10 million. There's even less information available about CVA except that it's run by longtime lobbyist and Republican staffer Mike Cys.

● PA-Gov: Tuesday was a truly chaotic day in Pennsylvania's Republican primary for governor that began with Donald Trump urging voters, "Do not vote for Bill McSwain, a coward, who let our Country down." Multiple media sources reported minutes later that state Senate President Pro Tempore Jake Corman was about to drop out of the race, but while Corman himself essentially confirmed those stories in the afternoon by asking that his name be removed from the May 17 ballot, there was one last twist left: Corman announced in the early evening that he'd decided to stay in the contest because of "President Trump's statement on the race and my conversation directly with the president."

We'll start with McSwain, who appeared to be in a good position until Trump declared he'd never endorse the man he'd once appointed as U.S. attorney for the eastern portion of the state. Trump reiterated the Big Lie to pummel the candidate, claiming that McSwain "did absolutely nothing on the massive Election Fraud that took place in Philadelphia and throughout the commonwealth."

That was dismaying news for McSwain, who had in fact tried to use the Big Lie to gain, rather than lose, Trump's support. His efforts included a letter to Trump last year claiming that his office had "received various allegations of voter fraud and election irregularities" and alleging that "Attorney General Barr, however, instructed me not to make any public statements or put out any press releases regarding possible election irregularities."

Trump was all too happy at the time to use McSwain's missive to backup his own lies and bludgeon Barr, who responded by saying his old subordinate "wanted to not do the business of the department, which is to investigate cases, but instead go out and flap his gums about what he didn't like about the election overall." On Tuesday, though, McSwain got to be the victim of his own words when Trump claimed he "knew what was happening and let it go. It was there for the taking and he failed so badly."

All of this drama inspired Corman to continue a once-promising campaign that he was about to end after several major setbacks. Corman was arguably the primary frontrunner when he entered the race to succeed termed-out Democratic Gov. Tom Wolf back in November, and he raised more money than any of his intra-party rivals in 2021. However, the Philadelphia Inquirer reported that his team initially believed they would bring in considerably more during that time: The state Senate leader seemed to agree as he soon went through an intense staff shakeup, but he never managed to fix things.

Corman ended late March with just over $270,000 left in his campaign coffers, and McSwain ominously didn't even bother to mention him in a recent ad targeting three other opponents. Corman himself seemed to recognize he was doomed on Tuesday when he formally sought to have a state court remove his name from the ballot, but hours later he filed a new petition asking the body to ignore that first request. He explained that he'd spoken to Trump, who "encouraged me to keep fighting, and that's what I'm going to do – keep fighting for the people of Pennsylvania." This saga may not be quite over, though, as ABC27 writes, "It is not guaranteed Corman will be able to remain in the race after his first petition was filed."

● VT-Gov: Republican Gov. Phil Scott reiterated this week that he wouldn't announce whether he'll seek a fourth two-year term until Vermont's legislative session adjourns May 20, and he insisted to NBC 5 that he was truly undecided. "I think a lot depends on what happens in the next month with the Legislature in this legislative session—what we accomplish and what we don't," said the governor, who currently faces no serious opposition from either party. The filing deadline is May 26, so a Scott retirement would give other candidates very little time to make up their minds if he does indeed wait as long as he says he will to make up his mind.

House

● MN-01: Former Department of Agriculture official Brad Finstad has earned endorsements from Reps. Michelle Fischbach and Pete Stauber, who represent the 7th and 8th Districts in the northern part of the state, ahead of the May 24 special Republican primary.

● MT-01: In her opening ad for the June Democratic primary, public health expert Cora Neumann stands in front of her modest childhood home in Bozeman and tells the audience, "But now, houses like this are surrounded by mansions like this. And everyone is paying more." She continues, "In Congress, I'll go after rich outsiders driving up costs, take on price gougers, and fight for housing we can actually afford."

● NC-13: Former state Sen. Sam Searcy says in his inaugural spot for next month's Democratic primary that his family's job and housing struggles motivated him "to help folks." Searcy continues by saying that in the legislature he "fought like hell to expand Medicaid, and stood with Gov. Cooper to stop Republicans from restricting voting rights and a woman's right to choose."

● PA-12: EMILY's List, which is supporting state Rep. Summer Lee in next month's Democratic primary, is out with a poll from GQR that shows her outpacing attorney Steve Irwin 38-13. This is the first survey we've seen of the contest for this open seat.

● WV-02: Rep. Alex Mooney has released a new internal from Public Opinion Strategies that gives him a 42-31 lead over fellow incumbent David McKinley ahead of the May 10 GOP primary. The last survey we saw was a March poll for the West Virginia Chamber of Commerce that put McKinley ahead 38-33; the organization had not yet endorsed anyone when that poll was released, but it and the West Virginia Manufacturing Association both backed McKinley this week.

● CLF: The Congressional Leadership Fund, the well-funded super PAC aligned with the Republican House leadership, has endorsed seven more House candidates challenging Democratic incumbents:

  • AZ-04: Tanya Wheeless
  • NV-03: April Becker
  • NY-18: Colin Schmitt
  • NY-19: Marc Molinaro
  • PA-08: Jim Bognet
  • TX-28: Cassy Garcia
  • TX-34: Mayra Flores

Two of these candidates face notable intra-party opposition: Wheeless has to get past Chandler City Councilman Rene Lopez before she can take on Arizona Rep. Greg Stanton, while Garcia faces a May 24 runoff against 2020 nominee Sandra Whitten in Texas' 28th District. (Democrats have a far more high-profile contest that day between conservative Rep. Henry Cuellar and attorney Jessica Cisneros.) Flores, meanwhile, is already the GOP nominee, while the other four contenders should have little trouble in their own primaries.

Attorneys General

● SD-AG: South Dakota's Republican-run state House voted to impeach state Attorney General Jason Ravnsborg by a 36-31 margin on Tuesday, a move that temporarily suspends Ravnsborg from his job while he awaits trial in the state Senate.

Last year, Ravnsborg, a Republican, pleaded guilty to misdemeanor charges for striking and killing a man with his car in September of 2020 but avoided jail time. A special investigative committee recommended against impeaching Ravnsborg last month, saying he had not committed a "crime or other wrongful act involving moral turpitude by virtue or authority of his office" because he wasn't on duty as attorney general at the time of the accident.

However, a majority of lawmakers disagreed with that interpretation, noting among other things that Ravnsborg had identified himself as attorney general in a call to 911 the night of the crash. All eight Democrats were joined by 28 Republicans in favor of impeachment, while 31 Republicans voted against. Ravnsborg would be permanently removed from office if two-thirds of the Senate, which can commence a trial no sooner than May 2, votes to convict him.

Other Races

● NY-LG: Lt. Gov. Brian Benjamin resigned Tuesday afternoon hours after he was indicted on federal bribery charges, but because it's notoriously difficult to get off the ballot in New York, he will likely still be listed as a nominal candidate in the June Democratic primary. All of this presents a major complication for Gov. Kathy Hochul, who appointed Benjamin to succeed her as lieutenant governor last year and now faces the prospect of winding up with a running mate she's at odds with.

That's because candidates for governor and lieutenant governor compete in separate nomination contests before running as a ticket in the general election, though Hochul and Benjamin had been running together and urging voters to select them both. The remaining candidates for lieutenant governor have likewise each linked themselves with one of the governor's primary foes: former New York City Councilwoman Diana Reyna is allied with Rep. Tom Suozzi, while activist Ana María Archila is running alongside New York City Public Advocate Jumaane Williams.

The candidate filing deadline passed last week, so it's too late for Hochul to recruit a new number two. It's possible that Hochul could decide to support one of the two remaining candidates for lieutenant governor, though Archila responded to Benjamin's arrest by saying, "The governor announced that she would bring a new day, and I'm not sure that's the case." Hochul to date has been the frontrunner in her own race from day one, as every poll has found her far ahead of Williams and Suozzi, though both of her rivals are hoping that Benjamin's downfall will change the calculus.

Benjamin, for his part, has far more than electoral chemistry to worry about. Federal prosecutors allege that, in his previous position as a state senator, he steered taxpayer money to real estate investor Gerald Migdol in exchange for political contributions. The authorities say that Migdol faked the origins of dozens of donations to Benjamin's 2021 bid for New York City comptroller so that Benjamin could more easily qualify for public financing.

Benjamin badly lost that primary, but his career was temporarily revived months later when Hochul, who had ascended to the governorship after Andrew Cuomo resigned in disgrace, picked him as the new lieutenant governor. Hochul, a white Democrat from upstate New York, sought proverbial "balance" on her ticket by tapping a Black politico from New York City, though questions had been swirling about Benjamin's campaign finances well before he was selected.

P.S. Hochul will once again be able to fill the now-vacant lieutenant governorship, just as she did when she herself ascended to the top job after Andrew Cuomo resigned in disgrace. Notably, she can do so unilaterally, with no confirmation vote from the legislature required.

Morning Digest: Tennessee GOP’s bill would block Trump’s pick, but they’ll need courts to agree

Posted on by Daily Kos Elections

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

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Leading Off

● TN-05: Tennessee lawmakers have sent a bill to Gov. Bill Lee that would impose a requirement that House candidates reside in their districts for three years before becoming eligible to run, a move that seems to be aimed at blocking one contender in particular: former State Department spokesperson Morgan Ortagus, who is Trump's endorsed candidate for the August Republican primary in the newly gerrymandered 5th District.

The legislation could have a tough time surviving a court challenge, however, because of a 1995 Supreme Court decision holding that states cannot add further qualifications to candidates for Congress that aren't already in the Constitution: namely, a minimum age and length of U.S. citizenship, and residency in the state—but, crucially, not the district—they're seeking to represent.

However, one of the measure's proponents said he hoped that the court would now revisit its earlier ruling, a five-to-four decision that saw swing Justice Anthony Kennedy join four liberal justices in the majority to strike down term-limits laws. On the other side, a well-financed group called Tennessee Conservative PAC says it would sue to stop the bill, though Ortagus herself hasn't said if she'd go to court.

Ortagus moved to Tennessee last year from D.C., and critics have cast her as an interloper. She didn't help her cause last month when, during an appearance on a conservative radio show, she bombed the host's quiz about the new 5th District and state. Many observers have argued that the legislature crafted this bill as an attack on Ortagus, especially since its sponsor, state Sen. Frank Niceley, has made it clear he's not a fan: Niceley said earlier this month, "I'll vote for Trump as long as he lives. But I don't want him coming out here to tell me who to vote for."

Another GOP contender, music video producer Robby Starbuck, has argued that this legislation is meant to harm him as well. However, the former Californian now says that he'd meet the residency requirements of the newest version of the bill.

The Downballot

● Each week, Daily Kos' new podcast, The Downballot, explores key stories making news in the world of elections below the level of the presidency—from Senate to city council and beyond. This coming episode will mark our 10th so far, so we want to hear from you, our listeners (and soon-to-be-listeners!) about the races and topics you'd like to hear us discuss.

So drop a comment below, email us at thedownballot@dailykos.com, or tweet at us at @DKElections. We welcome any and all questions, and they don't even have to be in the form of a question! If there's a specific election you're interested in, just name it.

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And if you haven't had the chance to listen yet, our most recent episode is right here. You can also find a transcript here. We look forward to hearing from you!

Redistricting

● FL Redistricting: As promised, Republican Gov. Ron DeSantis vetoed the new congressional map passed by Florida's GOP-run legislature, which responded by saying it would convene a special session starting April 19 to draw new districts. The Republican leaders of both chambers released a statement saying their goal is to pass a plan that would be "signed by the Governor," suggesting they aren't interested in working with Democrats to craft a veto-proof plan—at least for now.

● MD Redistricting: Maryland's Democratic-run state Senate quickly passed a new congressional map on Tuesday after introducing it the prior evening, with action in the state House likely by Wednesday's court-imposed deadline to enact a remedial redistricting plan.

The new map would return the 1st District to dark-red status by resituating it almost entirely on the conservative Eastern Shore and undoing its jump across the Chesapeake Bay that had it take in blue-leaning turf around the state capital of Annapolis. As a result, the revamped 1st would have voted for Donald Trump by a comfortable 56-42 margin, according to Dave's Redistricting App, instead of giving Joe Biden a 49-48 edge as it did under the Democrats' now-invalidated map. The change would mean smooth sailing for the state's lone Republican congressman, Rep. Andy Harris.

The latest revisions also make the 6th District, held by Democratic Rep. David Trone, noticeably redder as well: It would have gone 54-44 for Biden, instead of 60-38, and just 47-46 for Hillary Clinton in 2016. The changes appear to be aimed at pleasing the courts, at least in part, by presenting a map that, to the naked eye, simply looks nicer than the one it's replacing. This superficial view that a map ought to appear pleasing can often lead to misleading analysis—we've dubbed the concept a "prettymander"—but even the Supreme Court has objected to election districts on the grounds of their "bizarre shape."

As for the other six districts, they'd all remain safely blue, even though their configurations would all change considerably. But this new map might not see use this year: Tucked in at the end of the legislation is a provision that would revert the state back to the prior map if the court ruling that struck it down is overturned on appeal. It's still not clear whether there will be an appeal, though a spokesperson for Democratic Attorney General Brian Frosh said that the legislature's choice to move forward with a new map would not affect any decision on whether to appeal.

● MO Redistricting: On a wide bipartisan vote, the Missouri House sharply rejected a new congressional map that passed the state Senate last week after far-right renegades caved to GOP leaders, despite the fact that the state's candidate filing deadline came and went on Tuesday.

In so doing, the House also voted to establish a conference committee with the Senate to hash out a compromise, but we might not even get that far: One House Republican said he believed that some senators would filibuster any motion for a conference committee—the same tactic hardliners used to hold up passage of the map in the first place. Lawsuits have already been filed asking the courts to step in and draw new districts in the event of a continued impasse.

● OH Redistricting: Ohio's Republican-dominated redistricting commission passed a fourth set of legislative maps late on Monday night on a 4-3 vote by making relatively small adjustments to the maps the state Supreme Court most recently rejected. Just hours before Monday's court-imposed deadline, the commission abandoned efforts to have a bipartisan pair of consultants draw new districts from scratch; by instead approving maps similar to those that were previously struck down, it's courting yet another adverse ruling.

The commission, however, seems to have scored a lucky break on the congressional front, as it appears to have run out the clock on a separate legal challenge to the heavily slanted map it passed in favor of the GOP earlier this month, at least for this year. The state Supreme Court issued a scheduling order on Tuesday that would not see briefing conclude for another two months—well after the state's May 3 primary.

A group of voters backed by national Democrats has continued to argue that the map, which closely resembles a prior iteration that was struck down by the Supreme Court as an illegal partisan gerrymander, should again be invalidated. However, a second group of plaintiffs, led by the Ohio League of Women Voters and represented by the state chapter of ACLU of Ohio, has conceded the matter, saying in a filing that they "do not currently seek relief as regards to the 2022 election."

Senate

● GA-Sen: AdImpact tweets that Senate Majority PAC has booked at least $24.4 million in fall TV time to aid Democratic incumbent Raphael Warnock, which is $11 million more than previously reported.

● MO-Sen: Former state Sen. Scott Sifton said Monday night, just one day before candidate filing was to close, that he was dropping out of the Democratic primary and endorsing philanthropist Trudy Busch Valentine, a first-time candidate who announced her own bid the following day. Busch Valentine is the daughter of the late August Busch Jr., who was instrumental in the success of the St. Louis-based brewing giant Anheuser-Busch, and she previously donated $4 million of her money to St. Louis University's nursing school (now known as the Trudy Busch Valentine School of Nursing). Busch Valentine will face Marine veteran Lucas Kunce in the August primary.

● OH-Sen: Rep. Tim Ryan's campaign says he's launching a $3.3 million opening ad buy for the Democratic primary, and he uses his first spot to repeatedly attack China. "Washington's wasting our time on stupid fights," the congressman says, continuing, "China is out-manufacturing us left and right. Left and right."

● WI-Sen: Lt. Gov. Mandela Barnes' new internal from Impact Research (formerly known as Anzalone Liszt Grove or ALG) gives him a 38-17 lead over Milwaukee Bucks executive Alex Lasry in the August Democratic primary, with state Treasurer Sarah Godlewski and Outagamie County Executive Tom Nelson at 9% and 8%, respectively. Back in December, the firm found Barnes with a 40-11 advantage against Lasry.

Governors

● CT-Gov: Democratic incumbent Ned Lamont uses his first TV spot to talk about how he managed to balance the budget without raising taxes, saying, "We turned a massive budget deficit into a $3 billion surplus. While investing in schools, healthcare, and public safety." The governor continues, "And now we are cutting your car tax and your gas tax."

● GA-Gov: Former Sen. David Perdue is continuing his all-Trump all-the-time advertising strategy for the May GOP primary with a new commercial that uses footage of Trump bashing both incumbent Brian Kemp and Democrat Stacey Abrams at his Saturday rally.

The spot begins with the GOP master bellowing, "Brian Kemp is a turncoat, he's a coward, he's a complete and total disaster." As the crowd repeatedly boos, Trump eggs on his followers by claiming that the governor was "bullied into a consent decree engineered by Stacey Abrams and allowed massive voter fraud to occur throughout the state of Georgia." The only mention of Perdue in the spot comes afterwards as Trump proclaims that he'll "never surrender to Stacey Abrams and the militant radical left, and with your vote we're going to rescue the state of Georgia from the RINOs."

Meanwhile, Perdue's allies at Georgia Action Fund are spending another $955,000 on TV advertising for him, which AdImpact says takes the group's total to $1.64 million.

● HI-Gov: Civil Beat reports that Lt. Gov. Josh Green has received endorsements from two of the state's most prominent unions, the Hawaii State Teachers Association and Hawaii Government Employees Association, for the August Democratic primary. Several other labor groups, including the Hawaii Firefighters Association, are also behind Green, who has posted huge leads in the few surveys that have been released.

● OH-Gov: Gov. Mike DeWine is spending $131,000 on cable for his first buy for the Republican primary, a spot that extols him for standing up to teachers unions and for police against "radicals."

The commercial comes a week after former Rep. Jim Renacci, who is DeWine's most prominent intra-party foe, deployed $104,000 on his own cable ads, which attack the incumbent for "turning his back" on both Trump and Ohio. Renacci's commercial continues by going after DeWine for "mandating masks on our kids" and argues he's been "governing Ohio just like his liberal friends Joe Biden and Andrew Cuomo would." This is the first time we've seen Cuomo appear in a TV spot outside New York since he resigned last year, and it doesn't even allude to the many scandals that resulted in his downfall.  

● WI-Gov: Former Lt. Gov. Rebecca Kleefisch's new spot for the August GOP primary features her bragging about what an "unapologetic" conservative she is.

House

● AK-AL: Former state Sen. John Coghill has announced that he'll compete in the June special top-four primary to succeed his fellow Republican, the late Rep. Don Young. Coghill served for 22 years in the legislature and amassed a number of powerful posts, but the Senate Rules Committee chair lost renomination by 14 votes to Robert Myers in 2020 under the old partisan primary system. Myers, who ran to Coghill's right, said of his tiny win, "I know that this election was not about how much people like me. This election was about how much people hated John Coghill."

● GA-13: Rep. David Scott has received an endorsement from Stacey Abrams, the once and future Democratic nominee for governor, for his potentially competitive May primary.

● MI-13: Public Policy Polling has surveyed the August Democratic primary for this open seat on behalf of the 13th Congressional District Democratic Party Organization, and it finds hedge fund manager John Conyers III leading former Detroit General Counsel Sharon McPhail 19-9, with wealthy state Rep. Shri Thanedar taking third with 7%. The survey, which finds a 43% plurality undecided, was conducted days before Conyers announced his bid.

● MO-01: State Sen. Steve Roberts announced Monday evening that he would challenge freshman Rep. Cori Bush, who is one of the most prominent progressives in Congress, in the August Democratic primary for this safely blue seat in St. Louis. Roberts said of the incumbent, "She made a comment that she wanted to defund the Pentagon. The NGA (National Geospatial-Intelligence Agency) is a multi-million dollar project that's in my Senate seat, in the 1st Congressional [District], those folks don't have a voice." His campaign also faulted Bush for casting a vote from the left against the Biden administration's infrastructure package.

Roberts himself was accused of sexual assault by two different women in 2015 and 2017, though he was never charged. Bush's team highlighted the allegations after he announced his bid, saying, "Such men do not belong in public service, much less representing the incredible people of St. Louis in Congress."

● PA-17: Navy veteran Chris Deluzio has earned an endorsement from the Allegheny-Fayette Central Labor Council, which the Pittsburgh Tribune-Review describes as the "largest labor coalition in the region," for the May Democratic primary for this competitive open seat.

attorneys general

● SD-AG: A committee in South Dakota's GOP-run state House has recommended against impeaching state Attorney General Jason Ravnsborg, a Republican who pleaded guilty to misdemeanor charges last year for striking and killing a man with his car in September of 2020 but avoided jail time. A majority on the committee found that Ravnsborg had not committed a "crime or other wrongful act involving moral turpitude by virtue or authority of his office," but two Democrats disagreed, saying the attorney general had not been "forthcoming to law enforcement officers during the investigation" into the fatal crash.

The development comes despite an overwhelming vote in favor of the impeachment investigation in November, but the committee may not have the last word. The House will reconvene on April 12, when a simple majority could nevertheless vote to impeach.

Other Races

● NY-LG: Multiple media outlets report that federal investigators are probing whether Lt. Gov. Brian Benjamin had any knowledge of an alleged scheme to make fraudulent contributions to his unsuccessful bid last year for New York City comptroller. The investigation is centered around Gerald Migdol, a real estate investor whom prosecutors charged last year with faking the origin of dozens of donations so that Benjamin's campaign could more easily qualify for public financing.

The lieutenant governor has not been accused of wrongdoing, and his spokesperson says that Benjamin's campaign for comptroller donated the illicit contributions to the city's Campaign Finance Board as soon as it learned about them. However, the New York Times reports that investigators are looking further into whether Benjamin used his previous post in the state Senate to "direct[] state funding in some way to benefit Mr. Migdol in exchange for the contributions."

Last year, two months after Benjamin lost his bid for comptroller, newly elevated Gov. Kathy Hochul appointed him to fill her previous position as lieutenant governor. Candidates for governor and lieutenant governor of New York compete in separate nomination contests before running as a ticket in the general election, but they can choose to campaign together in the primary and urge voters to select them both. Hochul and Benjamin have been running as an unofficial ticket in June's Democratic primary, but the governor's spokesperson on Monday didn't comment when asked if she'd keep Benjamin on as a running mate.