Category: OH-01

Morning Digest: Darrell Issa thought he had an easy path to a comeback. A new poll says guess again

Posted on by Daily Kos Elections

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

Leading Off

● CA-50: While California Republican Darrell Issa looked like a sure bet to return to the House after he narrowly prevailed in the March top-two primary, a new SurveyUSA poll finds him locked in an unexpectedly close open seat contest with Democrat Ammar Campa-Najjar. The poll, which was done for KGTV-TV San Diego and the San Diego Union-Tribune, shows Issa up just 46-45. Perhaps even more surprisingly, the sample finds Joe Biden ahead 48-45 in California's 50th Congressional District, an ancestrally Republican seat in inland San Diego County that backed Donald Trump 55-40 in 2016.

This is the first independent poll we've seen since the top-two six months ago. Last month, Campa-Najjar released numbers from Strategies 360 that found him down 47-43, but his campaign did not mention any presidential results. So far, though, no major outside groups on either side have booked air time here, though that could always change over the next two months.

Campaign Action

Issa infamously decided to run here the cycle after he retired as the congressman from the neighboring and more Democratic 49th District just ahead of the 2018 blue wave, and it's possible that his weak connections to this area are hurting him. SurveyUSA finds Issa with an even 32-32 favorable rating, while Campa-Najjar sports a 37-26 score.

If SurveyUSA is right, though, then there's also been a big shift to the left in this seat over just the last two years. Back in 2018, then-Rep. Duncan Hunter managed to fend off Campa-Najjar 52-48 even though the Republican incumbent was under indictment at the time for misusing campaign money. That was a much better performance than Democrats usually pull off in this area, but the fact that this district still decided to return Hunter to Congress even in a terrible year for Republicans didn't seem to bode well for Campa-Najjar's second campaign, especially after Hunter took a plea deal in late 2019 and resigned.

We'll need to see if more polls find a close race, and we'll also be keeping an eye out to see if major outside groups spend here. However, if this contest is tight, Campa-Najjar will have the resources to run a serious campaign. The Democrat ended June with a $890,000 to $516,000 cash-on-hand, though Issa is more than capable of self-funding if he needs to.

Senate

● AK-Sen: A newly formed PAC called Independent Alaska has launched an ad campaign supporting Al Gross, an independent who won the Democratic nomination last month. The commercial touts Gross' time as a fisherman and a doctor and informs the audience, "Dr. Al's father was Alaska's AG [attorney general], and his neighbor and fishing partner growing up was Republican Gov. Jay Hammond." The narrator concludes, "We're in a pandemic. It's time to send a doctor to D.C." There is no word on the size of the buy.

● GA-Sen-B: Republican Rep. Doug Collins is running his first ad on broadcast TV, and he begins by saying of the appointed GOP incumbent, "Kelly Loeffler spent $30 million on slick ads telling lies—now it's my turn to tell the truth."

Collins continues, "I'm not a billionaire. I'm a state trooper's kid, a husband, a father, an Air Force chaplain and Iraq War veteran." He adds, "I'm President Trump's top defender against the sham impeachment, and yes, his preferred pick for the Senate." Trump reportedly did very much want Collins to be appointed to this seat, but he hasn't taken sides in the Nov. 3 all-party primary between the congressman and Loeffler.

On the Democratic side, pastor Raphael Warnock, who would be the state's first Black senator, is using his newest commercial to talk about his experiences with systemic racism. The narrator begins, "1982. A 12-year-old is accused of stealing and dragged out a store, told he looks suspicious because his hands are in his pockets." The audience then sees it's the candidate speaking as he continues, "I'm Raphael Warnock and that boy was me."

Warnock goes on, "Back then I didn't understand how much the system works against those without power and money, that the rules were different for some of us. Too often that's still true today, especially in Washington." Warnock ends by saying that it's time for this to change.

● MI-Sen: The Glengariff Group's new poll for WDIV and the Detroit News finds Democratic Sen. Gary Peters leading Republican John James 44-41, while Joe Biden is ahead 47-42. Glengariff's last poll was all the way back in January, and it showed Peters up by a similar 44-40 spread.

● MN-Sen: Citizens United (yes, the Citizens United) has launched what the National Journal's Dylan Wells reports is a six-figure buy supporting Republican Jason Lewis. The commercial, like Lewis' own ads, promotes Lewis as a supporter of the police and an opponent of violent mobs; both Lewis and Citizens United's spots also ignore racism and police brutality.

● NC-Sen: Democrat Cal Cunningham has the first commercial we've seen anywhere focusing on allegations that the Russian government put out a bounty on American troops in Afghanistan. Cunningham says that his fellow veterans are the first ones to answer the call and continues, "So when [Republican Sen.] Thom Tillis fails to act while the Russians pay bounties for dead Americans, something is deeply wrong in Washington."

● TX-Sen: Democrat MJ Hegar is airing her first TV ad of the general election as part of what her campaign says is a $1.5 million buy in six media markets that are home to 80% of the state's voters. As faint sounds of explosions are heard, the candidate tells the audience, "It was my third tour in Afghanistan. I was flying a medevac mission when I was shot through the windshield and we went down."

The camera gradually pans out to reveal a smoking helicopter in the canyon behind Hegar as she continues, "So I strapped myself to the skids of the helicopter that rescued us and returned fire on the Taliban as we flew to safety. For that I was awarded the Purple Heart and the Distinguished Flying Cross with Valor." The candidate goes on, "I'm MJ Hegar, and we fought like hell to get everyone home safe that day. And I approved this message because my mission isn't over while Texas families are still in danger."

Gubernatorial

● WV-Gov: Democrat Ben Salango is airing his first TV spot since he won the primary three months ago. As old photos from his childhood fill the screen, the candidate says, "I grew up in a two-bedroom trailer in Raleigh County. It was a big deal when we got our first washer and dryer."

Salango then goes after Republican Gov. Jim Justice, declaring, "My family worked hard to build a business and even harder to pay the bills. Jim Justice is a billionaire who's been sued over 600 times for not paying his bills. And who made a secret deal with the government he controls to give himself tax breaks." Salango concludes, "I mean c'mon. I'll never betray West Virginia like that. I was raised better."

House

● CA-25: Democrat Christy Smith is running her first commercial since her defeat in the May special election. Smith talks about how her mother survived domestic violence and "rebuilt our lives" with a nursing degree from the local community college. The candidate says she went on to work three jobs to pay for her education at that same institution and went on to found an education nonprofit.

● CA-48: In its opening TV spot for this race, the DCCC declares that Republican Michelle Steel's allies were at the center of a major corruption scandal, but she "voted to defund the anti-corruption unit in Orange County."

The ad is also running in Vietnamese, which makes this one of the very rare examples of an American political commercial that's aired on TV all or mostly in a language other than English or Spanish. Back in 2018, Democrat John Chiang ran a spot entirely in Mandarin in his unsuccessful bid for governor of California, while Republican Ed Gillespie added Korean subtitles to a commercial during his 2017 primary for governor of Virginia.

There have been a few instances of American political ads airing on the radio in a language other than English or Spanish (and obviously, without subtitles.) In 2016, Arizona Democrat Ann Kirkpatrick recorded some ads in Navajo, which she speaks, for her unsuccessful Senate bid. That same year, Ohio GOP Sen. Rob Portman's campaign did a Ukrainian radio ad for his re-election campaign.

● IA-01: Back in July, Republican Ashley Hinson blamed her campaign staff after the New York Times reported that several op-eds credited to her, as well as material on her campaign site, were full of passages plagiarized from other sources, and the DCCC is using its first TV spot to go after Hinson over this.

The narrator begins, "In tough times, we need leaders we can trust. But Ashley Hinson was caught plagiarizing—word for word—from the Des Moines Register, the New York Times, even her opponent's own policy positions." He then focuses on Hinson's record, declaring, "And Hinson took thousands from the nursing home industry. When the Coronavirus struck—Hinson voted to protect them with special legal immunity. Instead of protecting seniors and workers."

● OH-01: House Majority PAC has released a survey from the Democratic firm Normington Petts that shows Democrat Kate Schroder leading Republican Rep. Steve Chabot 50-46, while Joe Biden has a tiny 48-47 edge in this Cincinnati-based seat. We've seen a few other polls this year from Schroder and her allies that have found a tight race, while Republicans have yet to drop their own numbers.

HMP is also running a commercial that targets Chabot over the truly strange scandal that engulfed Chabot's campaign last year, a story that Schroder has also focused on in her ads. The spot begins by reminding viewers that Chabot became a member of Congress in 1995 when "[b]aseball was on strike" and "Toy Story debuted. The first one." The narrator continues, "But now, a confirmed FBI investigation into $123,000 missing from Chabot's campaign. And Chabot's campaign paid his son-in-law's company nearly $200,000." The narrator concludes, "Twenty-four years in Congress has taken its toll on Steve Chabot."

● PA-01: Democrat Christina Finello's first general election ad focuses on her own struggles with college loans and healthcare. She says that, while she "understands the struggles of the middle class," Republican Rep. Brian Fitzpatrick "votes with Trump. Giving tax cuts to the rich and ending protections for people with pre-existing conditions."

Fitzpatrick, meanwhile, uses his own ad to tout his endorsements from groups that usually pull for Democrats like the AFL-CIO, the League of Conservation Voters, and Everytown for Gun Safety, as well as the local police and firefighter unions. The congressman's mom also makes it clear she's backing Fitzpatrick.

● SC-02: EMILY's List has endorsed Adair Ford Boroughs' campaign against Republican Rep. Joe Wilson.

● TX-21: While freshman Republican Rep. Chip Roy has shown absolutely no desire to actually vote or behave like anything other than the far-right Freedom Caucus member that he is, the former Ted Cruz chief of staff is using his opening ad to portray himself as a bipartisan figure. Roy declares he'll "hold my party accountable if they're wrong, and work across party lines when it's right for Texas."

● TX-23: Republican Tony Gonzales uses his first general election commercial to talk about how he went from growing up in an abusive home where he was abandoned by his father to the Navy.

Meanwhile, VoteVets has launched a $533,000 ad campaign against Gonzales. The ad stars an injured veteran who tells the audience that Gonzales "supports taking away health coverage from half a million veterans."

● UT-04: The Congressional Leadership Fund is running a very rare positive TV commercial promoting Republican Burgess Owens, whom House Majority PAC recently began attacking.

CLF promotes Owens as a "pro-football star, political outsider, conservative, successful businessman, and mentor to troubled kids." As the ad shows footage of a football game, the narrator declares Owens will "heal our nation, tackling a virus and protecting the vulnerable." Those feel good themes are not, shall we say, the type of things that CLF likes to fill its ads with.

● VA-02: This week, a third staffer from Republican Scott Taylor's 2018 campaign was indicted for allegedly submitting fraudulent signatures in order to get a former Democrat on the ballot as an independent that year. Special prosecutor John Beamer predicted that he would seek at least one additional indictment, and he said of Taylor, "He's part of the campaign and the whole campaign is under investigation."

Taylor is seeking a comeback against freshman Democratic Rep. Elaine Luria, who narrowly unseated him in 2018. Last month, Taylor sent a cease-and-desist letter to Luria demanding that she stop making statements claiming that he is under investigation for ballot access fraud only for Beamer to publicly contradict him. Luria soon began running commercials focused on the ongoing scandal.

● VA-05: Democrat Cameron Webb is up with two commercials that decry the "lies and dirty tricks" being waged by Republican Bob Good, who recently ran a truly racist spot against Webb.

In Webb's first ad, the narrator declares that the candidate "is not for defunding the police," and adds that "a senior Trump official is praising Webb." The commercial highlights the law enforcement officials backing Webb before the candidate himself appears and talks about his work in the Obama and Trump administrations and support for "free market solutions to bring healthcare costs down."

The second Webb spot stars several former sheriffs as well as Albemarle County Commonwealth's Attorney Jim Hingeley, who praise Webb and implore the audience not to let "Bob Good scare you from electing a good man."

Ballot Measures

● CA Ballot: Probolsky Research has released the first poll we've seen of Prop. 15, the so-called "split roll" initiative that would scale back a significant part of the law passed by anti-tax crusaders in 1978, and finds it down 49-41. Probolsky has worked for Republicans in the past, but it says this survey was not done for a client.

The poll was taken just before the pro-Prop. 15 group Schools & Communities First launched its opening TV commercials. One ad declares that wealthy corporate tycoons "think they're entitled to tax handouts. Prop. 15 closes the loopholes." The narrator continues, "The richest 10% of corporate properties provide 92% of the revenue, while homeowners, renters, and small businesses are protected." The second spot argues, "Prop. 15 would raise billions of dollars that our communities and schools need" and would make "wealthy large corporations pay their fair share, while small businesses get a tax break."

As David Jarman has written, Prop. 15 would dramatically alter California's property tax landscape and lead to a massive increase in tax revenue by repealing a portion of 1978's Prop. 13. That measure limits the annual property tax on a particular property to no more than 1% of its assessed value and, most importantly, limits the increase in a property's assessed value to no more than 2% per year—even if its actual market value has soared. This has resulted in municipalities and school districts taking in revenues far smaller than they ought to be.

However, voters finally have their chance this fall to modify the system Prop. 13 set up decades ago. This year's Prop. 15 would essentially split the "roll" of properties every municipality maintains by requiring commercial and industrial properties to be reassessed at actual market value while keeping residential and agricultural properties under Prop. 13's rules.

Mayoral

● Miami-Dade County, FL Mayor: On behalf of the Miami Herald, the Democratic pollster Bendixen & Amandi International is out with a survey that finds Democrat Daniella Levine Cava leading Republican Steve Bovo 39-32 in this November's officially nonpartisan contest. This sample also found Joe Biden ahead 55-38 in a county that supported Hillary Clinton 63-34.

Primary Result Recaps

● NH-Sen: Corky Messner, a wealthy attorney endorsed by Donald Trump, beat retired Army Brig. Gen. Donald Bolduc 51-42 in the Republican primary. Bolduc responded to his defeat by declaring that he wouldn't back Messner in the general election against Democratic Sen. Jeanne Shaheen. "I will not support a man who is being investigated for fraud by the attorney general," Bolduc said, "No. I will not support him. I will not disgrace my name to support a man like that."

Last month, Mary Mullarkey, a former chief justice of the Colorado Supreme Court, asked that state's attorney general and secretary of state to investigate the charitable foundation run by Messner, who lived in Colorado until last year. Mullarkey's request came after the Washington Post reported that the Messner Foundation, whose stated purpose is to provide college scholarships to low-income students, had only awarded a grant to one student in its first 10 years of existence. However, despite what Bolduc said, there are no reports that a legal investigation is underway.

No matter what happens with this story, Messner will be in for a difficult race against Shaheen, a longtime figure in New Hampshire politics. A recent poll from the University of New Hampshire found Shaheen beating Messner 54-36, and no major groups have booked ad time here. Messner's ability to self-fund could still give him an opening if Donald Trump performs well in this swing state, though, so Daily Kos Elections is keeping it on the big board at Likely Democratic.

● NH-Gov: State Senate Majority Leader Dan Feltes won the Democratic nomination to take on Republican Gov. Chris Sununu by defeating Executive Councilor Andru Volinsky 52-48. On the GOP side, Nobody lost.  

Sununu has polled well during his tenure, and a recent survey from the University of New Hampshire found him beating Feltes 57-33. However, Sununu's allies at the RGA don't seem to think the governor is a lock in this swing state, since they reserved $3.6 million in television time for the general election earlier this year. Daily Kos Elections rates this contest as Likely Republican.

● NH-01: Former Trump aide Matt Mowers, who had his old boss' endorsement in the Republican primary, beat former state party vice chair Matt Mayberry 60-26. Mowers will face freshman Democratic Rep. Chris Pappas in the fall.

The 1st District, which includes eastern New Hampshire, has been very competitive turf for a long time, and both Barack Obama and Donald Trump only narrowly won it. Pappas, however, prevailed 54-45 during the 2018 blue wave, and he holds a huge financial edge over Mowers with less than two months to go before voting concludes. A recent poll from the University of New Hampshire also showed Pappas up 52-34, though we haven't seen any other numbers here.

Still, Team Blue isn't leaving anything to chance in this swing seat, and House Majority PAC has reserved $2 million for this race; Republicans have not yet booked any air time. Daily Kos Elections rates this contest as Lean Democratic.

● NH State Senate, Where Are They Now?: Former Democratic Rep. Paul Hodes lost Tuesday's Democratic primary for New Hampshire's 15th State Senate District to Becky Whitley, a disability rights attorney, 41-33. This seat backed Hillary Clinton 58-37, and Whitley will be the clear favorite to succeed state Senate Majority Leader Dan Feltes, who is the Democratic nominee for governor.

Ad Roundup

Morning Digest: Nevada Democrats won big in 2018. Our new data shows they may again in 2020

Posted on by Daily Kos Elections

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

Leading Off

● Senate-by-LD, Governor-by-LD: Nevada was a huge success story for Team Blue in 2018, with Democrats making big gains in both houses of the legislature at the same time that the party was flipping the U.S. Senate seat and governor's office. And as our new data, which was crunched for us by elections analyst Bill Coningsby, illustrates, Democrats have opportunities to pick up more seats this fall.

Democrats currently hold a 13-8 majority in the Senate, which is just one seat shy of the two-thirds majority needed to pass certain revenue-related measures that the GOP blocked in the previous sessions of the legislature without any GOP votes. In the state Assembly, though, Team Blue has a 29-13 supermajority.

We'll start with a look at the Senate, where half the chamber was up in 2018 while the rest of the seats will be on the ballot this fall. Democrat Jacky Rosen carried 15 of the 21 seats while she was unseating GOP Sen. Dean Heller 50-45, while Democrat Steve Sisolak took those very same districts while he was being elected governor 49-45 over Adam Laxalt. The median district backed Rosen by 53-43 and Sisolak by 52-44, placing it somewhat to the left of the state overall.

Two Republicans sit in Rosen/Sisolak seats, while no Democrats hold Heller/Laxalt districts. The only one of that pair of Republicans up this year is Heidi Gansert, who holds Senate District 15 in the Reno area. This constituency supported Rosen 51-45, while Sisolak took it 50-45; four years ago, the district also backed Hillary Clinton 47-44 while Gansert was winning by a convincing 53-42. This cycle, the Democrats are fielding Wendy Jauregui-Jackins, who lost a close primary for Washoe County assessor last cycle.

The other Republican on unfriendly turf is Keith Pickard, who won a four-year term in 2018 by 24 votes. That year, Rosen and Sisolak carried his SD-20 50-47 and 50-46, respectively.

Democrats do have a few potentially competitive seats to defend this year. Senate Majority Leader Nicole Cannizzaro won SD-06 51-49 as Clinton was pulling off a 50-45 victory. Last cycle, though, the seat backed Rosen 53-44, while Sisolak took it by a similar 52-44 spread. Democrats will also be looking to keep the open SD-05, which supported Clinton just 48-46 but went for Rosen and Sisolak 53-43 and 52-44.

We'll turn to the 42-person Assembly, where members are elected to 2-year terms. Both Rosen and Sisolak carried the same 29 districts, while Heller and Laxalt took the remaining 13 districts. The two median districts backed Rosen by 54-42 and Sisolak by 53-41, placing them several points to the left of Nevada overall.

One assemblymember from each party holds a seat that was carried by the other side's statewide nominee. On the Democratic side, incumbent Skip Daly won 52-48 in a seat Heller and Laxalt took 49-47 and 49-45; Trump won by a larger 49-43 margin here in 2016. Meanwhile, Republican Assemblyman John Hambrick is termed-out of a seat that backed both Rosen and Sisolak 49-48 but where Trump prevailed 49-46.

We'll also take a quick look at the state's four congressional seats. The 3rd District, which is located in Las Vegas' southern suburbs, backed both Rosen and Sisolak 50-46, which was a shift to the left from Trump's 48-47 win. The 4th District supported Rosen 51-44, while Sisolak took it 50-44; the seat went for Clinton by a similar 50-45 margin in 2016. The 1st District went overwhelmingly for the Democratic ticket, while Republicans had no trouble carrying the 2nd District.

P.S. You can find our master list of statewide election results by congressional and legislative district here, which we'll be updating as we add new states. Additionally, you can find all our data from 2018 and past cycles here.

Election Changes

Please bookmark our litigation tracker spreadsheet for a compilation of the latest developments in major lawsuits over changes to election and voting procedures, along with our statewide 2020 primary calendar and our calendar of key downballot races, all of which we're updating continually as changes are finalized.

● Alabama: Civil rights advocates have filed a lawsuit in state court seeking to loosen Alabama's restrictions on mail voting during the pendency of the pandemic. The plaintiffs want the court to order the state to suspend requirements that voters present an excuse to request an absentee ballot, have their ballot envelope notarized, and include a photocopy of their ID with their ballot. Additionally, the plaintiffs want 14 days of in-person early voting, which Alabama currently offers none of, along with drive-through voting and other measures to make voting safe for those not voting by mail.

● Florida: Officials in Hillsborough and Pinellas Counties, which are home to the greater Tampa area and one in every nine registered voters in Florida, have announced that both counties will pay for postage on mail-in ballots. Officials in the southeastern Florida counties of Broward, Miami-Dade, and Palm Beach, which are home to around a quarter of Florida voters, had previously announced measures to implement prepaid postage and also mail out applications for mail ballots to voters or households who had yet to request one.

● Montana: Montana's Supreme Court has reversed a lower court ruling that had allowed absentee mail ballots to count if they were postmarked by Election Day and received within a few days afterward. As a result, voters in the June 2 primary, which is taking place almost entirely by mail, will have to make sure election officials receive their ballots by Election Day.

The Supreme Court, however, did not rule on the merits of the plaintiffs' request but rather explained that it was reinstating the original deadline to avoid voter confusion and disruption to election administration. Plaintiffs will still have a chance to make their case that the ballot receipt deadline should be extended for the November general election.

● New Jersey: Democratic Gov. Phil Murphy has announced that he has no further plans to alter procedures for the July 7 primary. Murphy recently ordered the election to take place largely by mail with active registered voters belonging to a party being sent ballots and inactive or unaffiliated voters getting sent applications, while municipalities operate at least one in-person voting each.

● New Mexico: Rep. Ben Ray Luján, who is the presumptive Democratic nominee for Senate in New Mexico, is urging Democratic Secretary of State Maggie Toulouse Oliver to delay the deadline to return absentee mail ballots, saying he has heard reports of voters failing to receive a mail ballot in time even though the primary is taking place just days away on June 2.

A spokesperson for Toulouse Oliver says that extending the deadline, which currently requires ballots to be received by Election Day rather than simply postmarked by that date, would require legislative action. However, the state legislature isn't in session, and there's no indication yet whether Luján or anyone else will file a last-minute lawsuit instead.

● North Carolina: North Carolina's Republican-run state House has almost unanimously passed a bill that would make it easier to vote absentee by mail. In particular, the bill would ease—though not eliminate—the atypical requirement that absentee voters have a notary or two witnesses sign their ballot envelope by allowing only one witness instead.

However, the bill also makes it a felony for election officials to mail actual ballots to voters who haven't requested one, which would prevent Democratic officials in charge of running elections from conducting elections by mail. Activists had also called on lawmakers to make other changes such as prepaying the postage on mail ballots or making Election Day a state holiday, but Republican legislators refused.

Even if it becomes law, this bill is not likely to be the final word on voting changes in North Carolina. Two separate lawsuits at the federal and state levels are partially or wholly challenging the witness requirement, lack of prepaid postage, and other absentee voting procedures.

● South Carolina: South Carolina's all-Republican state Supreme Court has rejected a Democratic lawsuit seeking to waive the requirement that voters under age 65 provide a specific excuse to vote absentee by mail in June's primary. The court ruled that the issue was moot after the Republican-run state legislature recently passed a law waiving the excuse requirement for the June 9 primary and June 23 runoffs. However, that waiver will expire in July, so Democrats are likely to continue pressing their claim in either state court or a separate federal lawsuit for November.

● Texas: Texas' all-Republican Supreme Court has sided with Republican state Attorney General Ken Paxton in determining that lack of coronavirus immunity doesn't qualify as an excuse for requesting a mail ballot under the state's definition of "disability." Consequently, all voters must present an excuse to vote by mail except for those age 65 or older, a demographic that favors Republicans.

While the ruling did note that it's up to voters to decide whether or not to "apply to vote by mail based on a disability," that may not be much of a silver lining, because Paxton has repeatedly threatened activists with criminal prosecution for advising voters to request mail ballots. If campaigns and civic groups limit their outreach as a result of Paxton's threats, then even voters still entitled to mail ballots may not learn about the option.

However, in one positive development for voting access, the court ruled that Paxton couldn't tell officials in five counties not to send absentee ballots to voters citing disability even for coronavirus, since Texas' absentee application doesn't ask what a voter's disability is. In addition, separate federal litigation remains ongoing after a lower court blocked the absentee excuse requirement. The 5th Circuit Court of Appeals is set to rule soon on whether to in turn block that ruling for the state's July 14 primary runoff.

● Virginia: Conservatives filed a federal lawsuit earlier this month seeking to block Virginia from implementing its absentee voting plan for the state's June 23 primary, specifically targeting instructions that voters "may choose reason '2A My disability or illness' for absentee voting." Although a new law was passed this year to permanently remove the excuse requirement, it doesn't go into effect until July. Consequently, the plaintiffs argue that the current law is being impermissibly interpreted to let those concerned about coronavirus cite it as an excuse to obtain an absentee ballot when they aren't physically ill themselves and don't otherwise qualify.

● Wisconsin: Wisconsin's bipartisan Elections Commission has unanimously voted to send applications for absentee mail ballots to all registered voters, which requires a photo ID. However, the commissioners still must decide on the wording of the letter sent to voters, and a deadlock over the language could prevent the commission from sending anything at all. Notably, the Republican commissioners' votes to mail applications comes after the major Democratic stronghold of Milwaukee and some other Democratic-leaning cities had already moved to do so, so the GOP may face pressure to extend the practice statewide.

Senate

● GA-Sen-A: Investigative filmmaker Jon Ossoff talks about the murder of Ahmaud Arbery in his new ad for the June 9 Democratic primary. Ossoff tells the audience that his business involves investigating corruption, "And when a young black man in Georgia is shot dead in the street, but police and prosecutors look the other way? That's the worst kind of corruption." He continues by pledging to "work to reform our criminal justice system" in the Senate.

● KS-Sen: On Thursday, just days ahead of the June 1 filing deadline, state Senate President Susan Wagle announced that she was dropping out of the August GOP primary. Wagle's move is good news for state and national party leaders, who are afraid that a crowded field will make it easier for former Kansas Secretary of State Kris Kobach to win the primary.

Wagle's decision came weeks after Kansas GOP chair Mike Kuckelman asked her to leave the race in order "to allow our Party to coalesce behind a candidate who will not only win, but will help Republicans down the ballot this November." Wagle's campaign responded to Kuckelman's appeal at the time by saying she wasn't going anywhere and adding, "Others can speculate on his motives, but it may be as simple as he doesn't support strong, pro-life conservative women."

On Thursday, though, Wagle herself cited the party's need to avoid a "primary fight that will divide our party or hurts my colleagues in the state legislature" as one of her main reasons for dropping out. Wagle also argued that a competitive nomination fight would help Democratic state Sen. Barbara Bollier in the fall.

Wagle's departure came hours after Rep. Roger Marshall, who looks like Kobach's main rival, picked up an endorsement from Kansans For Life, a development the Kansas City Star's Bryan Lowry characterized as a major setback for Wagle.

The organization, which Lowry called the state's "leading anti-abortion group," notably backed both Kobach and then-Gov. Jeff Colyer in the 2018 gubernatorial primary. Kobach won that contest by less than 350 votes before losing the general election to Democrat Laura Kelly, and Lowry says that plenty of state Republican operatives believe things would have turned out very differently if KFL had only supported Colyer.

Meanwhile, Bollier's second TV ad touts her as a "sensible centrist" and a "leading moderate voice."

● ME-Sen: A progressive group led by former Portland Mayor Ethan Strimling is out with a survey from Victory Geek that shows Democratic state House Speaker Sara Gideon leading GOP Sen. Susan Collins 51-42. The poll also tested 2018 gubernatorial candidate Betty Sweet, who is a longshot candidate in the July Democratic primary, and found her edging Collins 44-43; Strimling disclosed that he was close to Sweet and had contributed to her campaign.

This is the first poll we've ever seen from Victory Geek, a firm Strimling characterized as "a non-partisan data and telecom provider with mostly conservative clients." Strimling called this survey a "joint left/right partnership" between Victory Geek and his progressive organization, "Swing Hard. Run Fast. Turn Left!"

The is also the first poll we've seen here in close to three months, so we don't have a good sense if Collins really is badly trailing. Indeed, the only other numbers we've seen from Maine all year were a February SocialSphere poll that had Gideon up 43-42 and an early March survey from the Democratic firm Public Policy Polling that had her ahead 47-43. While it's very clear that Collins is in for the fight of her career, we need more data before we can call her an underdog.

Gubernatorial

● MO-Gov: The conservative pollster We Ask America finds GOP Gov. Mike Parson leading Democrat Nicole Galloway 47-39, while Donald Trump edges Joe Biden 48-44. The only other poll we've seen here in the last month was a late April survey from the GOP firm Remington Research for the Missouri Scout tipsheet that showed Parson ahead 52-39.

● VT-Gov: On Thursday, which was the candidate filing deadline, GOP Gov. Phil Scott confirmed that he'd seek a third two-year term. While Scott waited until now to make his plans official, there was never any serious talk about him stepping aside. Scott also pledged that he wouldn't bring on "a campaign staff or office, be raising money, or participating in normal campaign events" until the current state of emergency is over.

House

● HI-02: On Thursday, VoteVets endorsed state Sen. Kai Kahele in the August Democratic primary. Kahele currently faces no serious intra-party opposition for this safely blue open seat, though it's always possible someone could launch a last-minute campaign before the filing deadline passes on Tuesday.

● IA-04: Politico reports that Iowa Four PAC, a group run by former GOP state House Speaker Christopher Rants, has launched a $20,000 TV buy against white supremacist Rep. Steve King ahead of Tuesday's GOP primary. The commercial declares that it's "sad that Steve King lost his committee assignments in Congress and embarrassed Iowa." The narrator also says that "President Trump stopped allowing Steve King to fly on Air Force One." The rest of the ad touts state Sen. Randy Feenstra as a reliable Trump ally.

Meanwhile, 2018 Democratic nominee J.D. Scholten, who doesn't face any intra-party opposition next week, has launched what Inside Elections' Jacob Rubashkin reports is a $50,000 TV buy. The 60-second ad, which is narrated by "Field of Dreams" star Kevin Costner, is a shorter version of Scholten's launch video. The spot features images of western Iowa and its people and declares that the area is "rooted within us. Within him."

● IN-01: Former Sen. Joe Donnelly endorsed Hammond Mayor Thomas McDermott on Monday ahead of next week's Democratic primary. Meanwhile, the Voter Protection Project has announced that it will spend "six figures" on mailers supporting state Rep. Mara Candelaria Reardon.

● IN-05: The anti-tax Club for Growth began targeting former Marion County Prosecutor Carl Brizzi a little while ago, and it recently went up with a commercial targeting businesswoman Beth Henderson, who is another candidate in next week's GOP primary. Roll Call's Jessica Wehrman writes that the Club, which backs state Sen. Victoria Spartz, has spent $400,000 on ads for this contest.

The ad shows an old clip of Henderson from just before the 2016 Indiana presidential primary saying of Donald Trump, "I don't like his outbursts and his inappropriateness with the public and … his scruples." The narrator goes on to argue that Henderson "even went on Facebook to support a liberal group that called for Trump's impeachment."

Spartz, who has self-funded most of her campaign, has decisively outspent her many opponents in this competitive open seat. A recent poll for the Club also showed her leading Brizzi 32-14 as Henderson took 13%, and no one has released any contradictory numbers.

Henderson is also acting like Spartz is the one to beat here. Henderson made sure to inform voters in a recent ad that she was born in the United States in what appears to be a not-very subtle shot at Spartz, who has discussed leaving her native Ukraine in her own commercials.

● NY-24: 2018 nominee Dana Balter is out with her second TV spot ahead of the June 23 Democratic primary to face GOP Rep. John Katko.

Balter tells the audience that she has a pre-existing condition and continues, "I know the fear of living without insurance, so it's personal when John Katko repeatedly votes to sabotage Obamacare and put coverage for pre-existing conditions at risk." Balter declares that she came closer to defeating Katko last cycle than anyone ever has, and pledges "we'll finish the job so everyone has good healthcare."

● NV-03: The conservative super PAC Ending Spending recently launched an ad against former state Treasurer Dan Schwartz ahead of the June 9 GOP primary, and Politico reports that the size of the buy for the TV and digital campaign is $300,000.

● UT-04: Former Rep. Mia Love has endorsed state Rep. Kim Coleman in the June 30 GOP primary to take on freshman Rep. Ben McAdams.

● DCCC: The DCCC has added another six contenders to its program for top candidates:

  • AK-AL: Alyse Galvin
  • AR-02: Joyce Elliott
  • MT-AL: Kathleen Williams
  • NC-08: Pat Timmons-Goodson
  • NE-02: Kara Eastman
  • OH-01: Kate Schroder

Kathleen Williams, who was the 2018 nominee for Montana’s only House seat, does face a primary on Tuesday against state Rep. Tom Winter. However, Winter has struggled with fundraising during the contest.

Judicial

● MI Supreme Court: On Tuesday, the Michigan Democratic Party announced its endorsements for the two state Supreme Court seats on the ballot in November, backing Chief Justice Bridget Mary McCormack and attorney Elizabeth Welch. Both Democratic-backed candidates will face off against two Republican-supported candidates in elections this fall that are nominally nonpartisan and let voters select up to two candidates elected by plurality winner. If McCormack is re-elected and Welch wins office to succeed a retiring GOP justice, Democrats would gain a 4-3 majority on the bench.

A Democratic majority would have major implications for battles over redistricting and voting access, two topics that are currently the subject of active lawsuits at both the state and federal levels in Michigan. While Michigan has a new independent redistricting commission, Republicans are currently suing in federal court to strike it down, something that isn't outside the realm of possibility given the conservative U.S. Supreme Court majority, but a Democratic state court could serve as a bulwark against unfair maps in such a scenario.

Grab Bag

● Deaths: Former Rep. Sam Johnson, a Texas Republican who represented Dallas' northern suburbs from 1991 to 2019, died Wednesday at the age of 89. Johnson was the last Korean War veteran to serve in Congress, as well as a founding member of what later became the influential Republican Study Committee.

Johnson was serving as a fighter pilot in Vietnam in 1966 when his plane was shot down and he was captured by North Vietnamese forces. Johnson spent almost seven years as a prisoner of war, a period that included physical and mental torture. Johnson and another future Republican politician, John McCain, also shared a tiny cell for 18 months.

Johnson was released in 1973, and he went on to become a homebuilder back in Texas. Johnson was elected to the state House in 1984, and he sought an open U.S. House seat in a 1991 special election after Republican Steve Bartlett resigned to become mayor of Dallas. Johnson took second in the all-party primary against a fellow Vietnam veteran, former Reagan White House aide Tom Pauken, and the two met in an all-Republican general election. Johnson emphasized his military service and won 53-47, and he never had trouble winning re-election for the rest of his career.

In 2000, Johnson notably endorsed George W. Bush over McCain, saying of his former cellmate, "I know him pretty well … and I can tell you, he cannot hold a candle to George Bush." Three years later, though, McCain would say of the Texan, "I wasn't really as courageous as Sam Johnson." Johnson would ultimately back McCain in the 2008 primaries, arguing it was "time to get behind the front-runner."

Morning Digest: Justin Amash’s presidential bid opens up potentially competitive Michigan House seat

Posted on by Daily Kos Elections

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

Leading Off

● MI-03: On Tuesday evening, Republican-turned-independent Rep. Justin Amash announced that he was forming an exploratory committee to run for president as a member of the Libertarian Party. Michigan doesn't allow candidates to run for president and for Congress at the same time, and Amash soon confirmed that he was giving up his seat in the Grand Rapids area. Amash, who left the GOP last year, also said that he'd be informing the House clerk that he's now a Libertarian, which would give the party its first-ever member of Congress.

The Libertarian Party is scheduled to award its presidential nomination in late May, so Amash will soon know if he'll be its standard bearer. However, he does have a backup option if delegates reject him: While Michigan's filing deadline for major party candidates is May 8, everyone else has until July 16 to turn in their paperwork.

Campaign Action

For now, though, we have an open seat race in an area that's been friendly to the GOP for a long time. Gerald Ford himself represented Grand Rapids for decades, and the current 3rd District went from 53-46 Romney to 52-42 Trump. However, Democrats may still have an opening if 2020 turns out to be a favorable year. 2018 GOP gubernatorial nominee Bill Schuette took the seat by a very slim 48.6-48.2 margin while he was losing statewide 53-44, while GOP Senate nominee John James carried the district by a modest 51-47 that same year while he was going down 52-46.

Several candidates were already running against Amash, and while the deadline to run in the August primary isn't until next month, it's unlikely the field will expand. Congressional candidates need to turn in 1,200 valid signatures to make the ballot this year, and social distancing makes that task especially difficult. The main GOP candidates are Army veteran and wealthy businessman Peter Meijer and state Rep. Lynn Afendoulis, while attorney Hillary Scholten has the Democratic side to herself.

Amash's decision to leave Congress will mark the end of a 10-year career defined by fights with GOP leaders. Amash first ran for the House in 2010 as a first-term state representative who had already established a reputation for libertarian principles: Notably, Amash was the only state lawmaker to oppose 59 different bills, and he posted explanations for each negative vote on his Facebook page. Amash was one of several Republicans to campaign to succeed retiring Rep. Vern Ehlers, and he earned the support of the anti-tax Club for Growth and local conservative powerplayers Dick and Betsy DeVos. Amash won the primary 40-26, and he had no trouble in November.

Amash brought to D.C. his habit of voting no on any bills that didn't pass his personal purity test, as well as a reputation for being difficult to work with. In late 2012, Amash was one of three GOP House members who were removed from their committees for, as one unnamed member put it, being "the most egregious a—holes" in the caucus. Amash refused to vote for John Boehner in the following year's speakership election, and he opposed him again two years later. Amash had more success with the GOP's emerging tea party wing, though, and he was one of the founding members of the nihilist House Freedom Caucus.

Amash's establishment enemies backed wealthy businessman Brian Ellis in the 2014 primary in what turned into an expensive and nasty race. Ellis attempted to portray Amash as weak on abortion issues and even labeled Amash, who is of Palestinian and Syrian descent, as "Al Qaeda's best friend in Congress," while the Club for Growth spent heavily to defend the incumbent. Amash won 57-43, though, and he was never again seriously threatened.

Amash's final break with the GOP came from his frustration with Donald Trump. Amash was the rare Republican who never fell into line with the administration, and he openly started musing about a third-party or independent presidential bid in March of last year.

Two months later, Amash took to social media and wrote that, after reading the Mueller Report he believed that Trump "has engaged in impeachable conduct." That attracted a typically belligerent response from Trump, and a number of candidates soon entered the GOP primary against Amash as his old allies almost all abandoned him. Amash announced on July 4 that he was leaving the GOP to become an independent, and he voted to impeach Trump at the end of last year.

Election Changes

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

● California: The Board of Supervisors in Los Angeles County, which is the largest county in the nation, has voted to mail a ballot to every voter for the November general election. The county is home to more than 10 million people and has more than 5.5 million registered voters. While voting by mail is very popular in California, it's been less so in Los Angeles: 45% of L.A. voters cast ballots by mail in 2018, compared to 72% in the rest of the state.

● New York: Former presidential candidate Andrew Yang has sued the New York State Board of Elections, asking that New York's June 23 Democratic primary for president be reinstated. Earlier this week, the board canceled the presidential primary (but downballot primaries remain scheduled that day).

● Rhode Island: Democratic Secretary of State Nellie Gorbea says every voter will be sent an absentee ballot application for Rhode Island's June 2 presidential primary. The effort does not appear to apply to the state's downballot primaries, which will not take place until Sept. 8.

● South Carolina: Republican Gov. Henry McMaster has postponed a number of local elections that were set to take place on May 5 and May 12. New dates have not yet been set.

● Texas: A group of Texas voters, supported by the National Redistricting Foundation, have filed a lawsuit in federal court alleging that the state's practice of allowing all voters 65 or older to cast absentee ballots without an excuse while requiring an excuse for anyone younger violates the Constitution. Specifically, the suit charges that the law in question violates the 26th Amendment, which guarantees that the right to vote "shall not be denied or abridged by the United States or by any State on account of age." Six other conservative states have similar provisions in place, all but one of which is also located in the South.

Two other cases on the issue of Texas' excuse requirement are still pending. In one, filed in state court, a judge ruled that all voters can cite the ongoing coronavirus pandemic to request an absentee ballot, though Republicans have said they will appeal. A second similar case in federal court awaits a ruling.

Separately, commissioners in Harris County have allocated $12 million in new election funds, which would allow the county to mail ballots to every voter for the November general election. Harris is home to Houston and is the largest county in the state, with more than 2.3 million registered voters.

Senate

● CO-Sen: On Tuesday, Denver District Court Judge Christopher Baumann ruled against placing climate activist Diana Bray in on the June Democratic primary ballot. Bray had only turned in just over 2,700 of the necessary 10,500 signatures, and Baumann argued that she had not demonstrated a "significant modicum of support" from the state's voters.

● KS-Sen: Rep. Roger Marshall's allies at Keep Kansas Great PAC recently ran a spot against former Kansas Secretary of State Kris Kobach ahead of the August GOP primary, and Advertising Analytics reports that the size of the buy was at least $35,000.

● NC-Sen, NC-Gov: SurveyUSA is out with a poll for WRAL-TV that has some good news for Team Blue. Democrat Cal Cunningham posts a small 41-39 lead over GOP Sen. Thom Tillis, while Democratic Gov. Roy Cooper leads Republican Dan Forest by a massive 57-30. This sample also shows Joe Biden leading Donald Trump 50-45.

April polls have consistently shown Cooper, who has received strong marks for his handling of the coronavirus pandemic, leading Forest by double digits, but there's less agreement on the state of the Senate race. The conservative Civitas Institute released numbers two weeks ago from the GOP firm Harper Polling that showed Tillis ahead 38-34, while the Democratic firm Public Policy Polling found Cunningham ahead 47-40 around that same time.

● Senate: On Tuesday, the DSCC announced its first wave of TV and digital ad reservations for the fall. The Democratic group's initial bookings consists of $30.6 million in four GOP-held Senate seats:

Arizona (Martha McSally): $6.4 Million Iowa (Joni Ernst): $7.3 Million Montana (Steve Daines): $5.2 Million North Carolina (Thom Tillis): $11.7 Million

The DSCC's reservations come weeks after its allies at Senate Majority PAC, as well as the GOP organizations NRSC and Senate Leadership Fund, made their own first wave of bookings.

All four groups made their largest reservations in North Carolina, a race that could very well decide control of the U.S. Senate in 2020. What's more surprising, though, is that all four organizations also booked millions for Iowa, which has long looked like a reach target for Democrats. The state swung hard to the right in 2014 and 2016, and while Democrats did considerably better last cycle, GOP Gov. Kim Reynolds still won a close contest for a full term.

We haven't seen a single poll of the Senate race since December, so we don't have a good sense for how vulnerable incumbent Joni Ernst is. However, this quartet of well-funded groups is at least acting like this race is very much in play.

House

● CA-25: Democrat Christy Smith is out with what Politico describes as her "closing TV spot" ahead of the May 12 special election. The narrator goes after Donald Trump's handling of the coronavirus crisis and argues that Republican Mike Garcia "attacks anyone who doesn't agree with Trump." The commercial then shows a clip of Garcia saying that "everyone should have to figure out how to fend for themselves." The rest of the spot praises Smith's work during the pandemic.

● GA-09: State Rep. Matt Gurtler picked up an endorsement this week from the radical anti-tax Club for Growth ahead of the crowded June GOP primary for this safely red seat. Gurtler has spent his two terms in the legislature fighting with party leaders, which makes him an ideal candidate for the Club.

● IA-04: State Sen. Randy Feenstra is out with a poll from American Viewpoint that shows him trailing white supremacist Rep. Steve King by a modest 41-34 in the June 2 GOP primary; another 8% opt for another candidate. While Feenstra is down, the memo says that this is a big shift in his favor from late January, when a previously-unreleased poll found King up 53-22. We haven't seen any other surveys of the contest for this rural western Iowa seat all year.

Feenstra is using his huge financial edge over King to air a spot contrasting the two candidates. The narrator declares, "Steve King couldn't protect our farmers, and couldn't defend President Trump from impeachment." He continues, "King lost his congressional committees, can't do his job, can't protect us." The rest of the commercial praises Feenstra as an effective and pro-Trump conservative.  

Election Result Recaps

● MD-07: The almost all-mail general election for the final months of the late Rep. Elijah Cummings' term took place on Tuesday, and former Democratic Rep. Kweisi Mfume won 73-27 in a seat that Hillary Clinton carried 76-20. Mfume represented a previous version of this Baltimore-based seat from 1987 until he resigned in 1996 to lead the NAACP. However, former Rep. Rick Nolan still holds the record for the longest gap in congressional service: The Minnesota Democrat retired in 1981 and returned 32 years later in 2013.

Mfume does have one more contest in his near future, but it doesn't look very competitive. The primary for the full two-year term is on June 2, and Mfume faces former state party chair Maya Rockeymoore Cummings, who is Elijah Cummings' widow, state Sen. Jill Carter, and Del. Jay Jalisi. This group faced off in the February special election primary, which ended with Mfume decisively defeating Rockeymoore Cummings 43-17; Carter and Jalisi took 16% and 2%, respectively.

P.S. In a tweet encouraging people to vote on Tuesday, Rockeymoore Cummings wrote, "A lot of people have asked me if you can write my name in. The answer is yes." Only about 1% of voters ended up writing in another candidate's name, though, and it's not clear how many of them selected Rockeymoore Cummings.

● Ohio: After an abrupt cancellation, Ohio's primaries, originally scheduled for March 17, took place on Tuesday. The election took place almost entirely by mail, and only voters with disabilities or those who lacked a home address were allowed to vote in person. Ballots will still be accepted through May 8 as long as they were postmarked by Monday, so the margin may shift in some races.

● OH-01: Former healthcare executive Kate Schroder defeated retired Air Force pilot Nikki Foster by a decisive 68-32 margin in the Democratic primary to face GOP Rep. Steve Chabot. This seat in the Cincinnati area was heavily gerrymandered to keep Chabot from losing again after he had lost re-election in a bluer previous version of this district in 2008 (Chabot returned two years later). However, Donald Trump only carried the current 1st District by a modest 51-45 margin, and Chabot himself won an expensive re-election campaign 51-47 in 2018.

Chabot's campaign was also 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 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, but until there's a resolution, this story always has the potential to resurface at exactly the wrong time for Chabot.

● OH-03: Democratic Rep. Joyce Beatty won renomination in this safely blue Columbus seat by defeating Morgan Harper, a former Consumer Financial Protection Bureau adviser, 68-32.

Harper, who is 36 and a first-time candidate, had contrasted herself against Beatty, who is 69 and has held elected office for two decades, by calling for generational change. However, while Harper raised a credible amount of money, she was always at a big disadvantage against the well-funded incumbent. Beatty also had considerably more cash left to use than Harper when the race was unexpectedly extended, and the incumbent kept up her spending advantage over the final weeks.

● OH State House, Where Are They Now?: Former GOP Rep. Jean Schmidt, who lost renomination in a 2012 upset against now-Rep. Brad Wenstrup, looks to be on-track to return to her old stomping grounds in the Ohio state House.

Schmidt ended Tuesday evening with a 44-42 lead―a margin of 287 votes―in the GOP primary for House District 65, which is based in Clermont County to the east of Cincinnati. There are close to 3,000 absentee ballots left to tally countywide (HD-65 makes up just over 60% of the county), so it may be a little while before we have a resolution. This seat backed Donald Trump 66-29, so the GOP nominee should have little trouble in November.

Morning Digest: Alabama Republicans air each other’s dirty laundry ahead of nasty Senate primary

Posted on by Daily Kos Elections

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

Leading Off

● AL-Sen: Two Republican firms are out with new polls from Alabama of the March 3 GOP primary to take on Democratic Sen. Doug Jones, and they both show former U.S. Attorney General Jeff Sessions and former Auburn University football coach Tommy Tuberville advancing to a runoff.

WT&S Consulting, which tells us that their poll was not done for any client, gives Sessions the lead with 32% as Tuberville leads Rep. Bradley Byrne 30-22 for the second spot in a likely March 31 runoff. Roy Moore, who lost this seat to Jones in 2017, is a distant fourth with 7%, while state Rep. Arnold Mooney takes 3%. This is the first poll that WT&S, which is run by state party official John Wahl, has released of this contest.

Campaign Action

The anti-tax Club for Growth, which has been running ads against Byrne, is also out with another survey from WPA Intelligence that shows the congressman failing to advance to a second round. WPA gives Tuberville the lead with 32%, which makes this the first time we've seen him in first place since Sessions entered the race for his old seat in November. Sessions outpaces Byrne 29-17 for second, while Moore barely registers with 5% and no one else breaks 1%.

These results show some small improvements for Tuberville at Sessions' expense from the poll the Club released one week ago. That WPA survey found Sessions edging Tuberville 34-29, while Byrne was in third place with the same 17% he takes in the new poll.

The new numbers come as Sessions, Tuberville, and Byrne and their allies have been launching negative ad after negative ad at one another while ignoring the other contenders. Sessions' new spot declares that Tuberville and Byrne "are desperate, telling lies about Jeff Sessions." The narrator then reminds the audience that Sessions was the one senator to back Donald Trump in the 2016 primaries, which is true.

The ad glosses over Sessions' miserable tenure as Trump's attorney general, which ended with Trump unceremoniously firing him, and instead continues to rehash the 2016 election. The narrator argues, "Byrne stood with the liberals, said Trump was 'not fit' to be president and stabbed Trump in the back right before the election."

Byrne did indeed say after the Access Hollywood tape was released a month before Election Day that Trump, who was recorded bragging about sexually assaulting women, was "not fit to be president of the United States and cannot defeat Hillary Clinton." The congressman also called for Trump to "step aside" and allow Mike Pence to lead the GOP ticket.

Byrne, like almost everyone in the Republican Party, fell in line right after Trump won a month later, though, and like all of his primary opponents, he's been emphasizing his unquestioning loyalty to the White House. Byrne recently addressed his 2016 remarks in an interview with the New York Times Magazine's Jason Zengerle by saying that Trump has never mentioned them because, "He just doesn't care. He's more interested in what we're doing now." Sessions cares, though, and he's betting that GOP primary voters do too.

Sessions is also hoping that his party will care about some of Tuberville's non-Trump issues. His ad continues by calling the former Auburn coach "a tourist in Alabama. He lives, votes, and pays taxes in Florida." Tuberville is originally from Arkansas, and he coached at the University of Mississippi until he arrived at Auburn in 1998. Tuberville had a mostly successful tenure, but he resigned in 2008 after a bad season and went on to coach out of state at Texas Tech and Cincinnati. During those years he unsuccessfully tried to sell his home near Auburn multiple times.

Tuberville later moved to Florida as Sessions' ad alleges. The former coach did say that he'd relocated to Alabama in August 2018 as he considered a Senate run, though he remained registered to vote in the Sunshine State that year and cast his ballot in Florida's elections.

Sessions also released a new TV ad on Wednesday that targets just Tuberville. After declaring that the former coach is "shameful" for lying about Sessions, the narrator says, "Tuberville is trying to trick you, hiding his support for immigration amnesty." An audio clip then plays where Tuberville is heard saying, "There are people coming across the border that need jobs … And we want them to come over here." He continues, "And we let 'em come in and become citizens like we all became citizens." The rest of the commercial again casts Tuberville as a Floridian who is in Alabama as a tourist.

Tuberville, meanwhile, is out with his own ad attacking both Sessions and Byrne. The commercial begins by going after Byrne for calling Trump "not fit" to serve before the narrator declares that Sessions "deserted President Trump, sticking us with the Russian witch hunt." The spot then throws in a shot at Sen. Mitt Romney, who is … not running for Senate in Alabama, by saying he "voted for the liberal impeachment sham." Tuberville appears and promises he'll be a Trump ally while "weak-kneed career politicians aren't tough enough to stand with President Trump."

Tuberville's allies at GRIT PAC are also running a commercial that casts both of his intra-party adversaries as "two career politicians who are out of touch with Alabama." The narrator also declares that Sessions’ decision to recuse himself from the Russia investigation while serving as attorney general was a betrayal of Trump, while Byrne "didn't even want Trump in the White House."

Two cows then appear on screen along with a picture of Romney in the shape of manure as the narrator explains, "In a place where Mitt happens, we need to watch our step." Perhaps fearing that that joke was too subtle, the narrator declares, "No bull," which is followed by a censor's beep, "no weak knees. It's Tommy Tuberville time for U.S. Senate."

Byrne, it will not shock you to learn, is also out with an ad that hits both Sessions and Tuberville. The commercial features a trio of actors interviewing the Senate candidates, and they begin by giving this negative rating: "Tommy Tuberville? Says he wants illegals here. Paid him not to work. He can't keep a job." An actor portraying Tuberville then angrily slams down his clipboard and walks out, and the committee stamps his resume with the word "Fired."

A Sessions look-alike then arrives sporting a red cap without anything written on it. The committee is no more impressed with him than they were with Tuberville and says, "He let the president down and got fired. And Hillary still ain't in jail." The committee, which apparently believes that Sessions' refusal to send political adversaries to prison without a trial is a massive character flaw, also delivers the dreaded failure stamp to his file.

The rest of the ad shows Byrne, whom the committee actually allows to talk, talking about his conservative pro-Trump record. The trio is pleased, though his resume goes unstamped. Byrne is also the only one in any of these commercials to mention Jones, saying that he should be the next one to get fired.

Byrne's allies at Fighting for Alabama Fund also are up on the air with a spot that ignores Sessions and just tears into Tuberville. After showing clips of Trump thanking Byrne, the narrator argues that Tuberville "attacked Trump's agenda. Even attacked Trump's immigration plan." The same audio of Tuberville from the Sessions commercial then plays where Tuberville sounds happy to welcome "people coming from across the border that need jobs."    

Senate

● AZ-Sen: Retired astronaut Mark Kelly, who faces no serious Democratic primary opposition, is up with his first TV commercial. The minute-long spot features Kelly working on his motorcycle and talking about his struggles in school and career in the Navy and NASA.

Kelly continues, "My parents didn't have a lot of extra money, but you could comfortably raise a family on a middle-class income, and it doesn't work so well today." He declares, "Now my hope for Arizona is that everybody has the conditions and an environment that allows anybody to accomplish anything they want, if they're just willing to work hard at it." Kelly does not mention appointed GOP Sen. Martha McSally, who recently began airing negative spots against him.

● GA-Sen-B: Former U.S. Attorney Ed Tarver kicked off his long-awaited campaign on Wednesday, a move that makes him the third noteworthy Democrat to enter the November all-party primary.

Tarver, who pitched himself as a moderate, represented a state Senate seat in the Augusta area until he became the first black U.S. attorney for the Southern District of Georgia in 2009. Tarver remained at his post until early March of 2017, when Donald Trump ordered him and another 45 Obama-appointed U.S. attorneys to resign.

National Democrats have consolidated behind pastor Raphael Warnock, who like Tarver would also be Georgia's first black senator, while businessman Matt Lieberman is also running. Appointed Sen. Kelly Loeffler and Rep. Doug Collins are duking it out on the GOP side, and there's a risk that they could both advance to a January 2021 runoff if the three Democrats split Team Blue's vote enough.  

● ME-Sen: GOP Sen. Susan Collins is up with another TV ad against state House Speaker Sara Gideon, who is the favored candidate of national Democrats, and the Bangor Daily News reports that she's putting at least $90,000 behind the buy.

The narrator argues that Gideon is a hypocrite for saying she's rejecting corporate PAC money while "taking tens of thousands from groups funded by corporate PACs." The commercial also tries to stir up some trouble on Gideon's left by featuring photos of two of her June primary foes, attorney Bre Kidman and 2018 gubernatorial candidate Betsy Sweet, and saying that her opponents "criticized Gideon for laundering corporate money into her own campaign. And Maine's Ethics Commission fined Gideon for breaking campaign finance laws."

The paper took a look at the backstory to this ad back in December. Gideon has accepted contributions from groups like Senate Majority PAC that take money from corporations, but only about 2% of her total donations came from PACs as of the end of the third quarter. Collins, by contrast, received 22% of her donations from PACs through late September.

The part about the Maine Ethics Commission is from a completely separate matter. The commission fined Gideon's now-defunct PAC in December all of $500 for reimbursing her that same amount for donations Gideon made to two state-level political committees in 2016.

As we wrote back then, reimbursements like these run afoul of federal and state laws that forbid anyone from making campaign contributions in another person's name. Gideon, however, didn't try to conceal her efforts; rather, they were discovered because her PAC publicly disclosed the reimbursements. For that reason, the commission declined to investigate further, concluding Gideon's disclosure meant it was unlikely she had knowingly sought to violate the law.

● MI-Sen: Quinnipiac University is out with a poll giving Democratic Sen. Gary Peters a 45-39 lead over 2018 GOP nominee John James. The margin is very similar to the 44-40 Peters edge that the local Glengariff Group found in early January, though Baldwin Wallace University gave the incumbent a larger 42-32 lead last month.

Gubernatorial

● UT-Gov: Salt Lake County Council chair Aimee Winder Newton announced this week that she would try to gain enough support at the April state GOP convention to advance to the June primary rather than continue to gather signatures. One other Republican, former state House Speaker Greg Hughes, is competing at the convention and not collecting petitions to make the primary ballot, but the two candidates made this choice under very different circumstances.

Winder Newton acknowledged that she couldn't afford to hire a firm to collect the 28,000 valid signatures she needed, an undertaking she estimates could cost more than $200,000, and that her volunteer-led effort wouldn't be able to gather enough petitions in time. Hughes, though, has access to plenty of money, but he still decided to focus on the convention in January.

House

● CA-16: Democratic Rep. Jim Costa is out with an ad ahead of the March 3 top-two primary that features old footage of his intra-party rival, Fresno City Councilor Esmeralda Soria, praising him.

● CA-25, TX-02: The progressive group End Citizens United has endorsed Assemblywoman Christy Smith in California and attorney Sima Ladjevardian in Texas, who each face notable intra-party opposition in their March 3 races.

Progressive political commentator Cenk Uygur, who is Smith's main intra-party rival in California's 25th District, is also out with a new ad where he proclaims he's "new to politics." Uygur continues, "They say it's rude for me to say that other politicians are corrupt. They say it's rude to point out that lobbyists don't give money to politicians for charity, they give it to bribe them." He then implores the audience, "Send me to Washington, so I could be rude to more lobbyists and politicians."

● MN-01: Freshman GOP Rep. Jim Hagedorn announced on Wednesday that he has been receiving treatment for Stage 4 kidney cancer over the last year, but that this would not prevent him from running for re-election this year.  

● NY-02: Suffolk County Board of Elections member Nick LaLota announced this week that he was dropping out of the June GOP primary and would instead challenge Democratic state Sen. John Brooks. LaLota made his decision a few weeks after local party leaders, including retiring Rep. Peter King, threw their support behind Assemblyman Andrew Garbarino's bid for this open seat.

The only other Republican who is still running an active campaign for this competitive Long Island district is fellow Assemblyman Mike LiPetri. Another local elected official, Islip Councilwoman Trish Bergin Weichbrodt, announced she was running back in November but didn't report raising any money through 2019 and still doesn't appear to have a campaign website or social media account. On the Democratic side, Babylon Town Councilor Jackie Gordon doesn't face any serious opposition.

● OH-01: Air Force veteran Nikki Foster and former healthcare executive Kate Schroder are each up with new TV spots ahead of the March 17 Democratic primary to face GOP Rep. Steve Chabot.

Foster tells the audience she's not once backed down from a fight from "serving as a combat pilot in Iraq and Afghanistan to fighting for my son's life in the intensive care unit." Foster declares that her next fight is making health care more affordable, and that Donald Trump and Chabot would "slash coverage for people with pre-existing conditions" like her son.

Schroder uses her commercial to talk about solving problems she's told are impossible. She describes how she helped expand dental care while she was on the Cincinnati Board of Health and dramatically reduced drug prices while working abroad. "As a cancer survivor," Schroder continues, "healthcare is personal."  

● OH-03: The progressive group End Citizens United is supporting Democratic Rep. Joyce Beatty in her March 17 primary against former Consumer Financial Protection Bureau advisor Morgan Harper.

Harper has proven to be an unexpectedly strong fundraiser for someone challenging an uncontroversial incumbent, though Beatty still holds a huge financial advantage here. Beatty outraised Harper $315,000 to $221,000 during the fourth quarter, and the incumbent ended 2019 with a $1.7 million to $273,000 cash-on-hand lead. Whoever wins the Democratic nod will have no trouble prevailing in November in this safely blue Columbus seat.

● PA-01: Pennsbury school board member Debbie Wachspress announced Thursday that she was dropping out of the April Democratic primary to take on GOP Rep. Brian Fitzpatrick, a development that could have very bad implications for Team Blue's attempts to put up a serious fight in this 49-47 Clinton seat, one of just two districts nationally that voted for Clinton in 2016 and has a Republican incumbent seeking re-election.

Wachspress made her decision two days after candidate filing closed and one day after LevittownNow.com reported that she'd been accused in a lawsuit against the school district of using racist, anti-Semitic, and homophobic language at a meeting. Wachspress responded by saying that she had been recounting when she was subjected to an anti-Semitic slur decades ago, but that “[n]ever in my life have I denigrated anyone with words like that.”

Wachspress put out a statement the following day saying she "now find[s] myself in a situation where my family is going to suffer - with this recent offensive and completely false narrative of who I am - and my candidacy will also. It is clear to me that these lies and distortions will be too big a distraction to overcome."

Wachspress exited the race by endorsing Bucks County housing department official Christina Finello, who faces businessman Skylar Hurwitz in the primary. Unfortunately, though, both Finello and Hurwitz each had less than $12,000 on-hand at the end of December compared to the $355,000 that Wachspress had available. Democrats will need to hope that one of their two remaining candidates can bring in a whole lot more cash now that the apparent frontrunner is out if they want to have a real chance at beating the well-funded Fitzpatrick in this swing seat.

● TX-12: Businessman Chris Putnam is up with another TV spot against Rep. Kay Granger ahead of their March 3 GOP primary showdown. Putnam tells the audience, "President Trump, he drives liberals nuts. And I drive Kay Granger nuts." Putnam, though, does not get around to informing the viewer that Trump is actually supporting Granger.

Putnam continues by accusing Granger of lying about him and "even making fun of my cowboy hat—but that's what we wear in Texas, Kay." The challenger mystifyingly never bothers to actually put on a cowboy hat during this commercial (so much for Chekov's Hat), though the ad shows pictures of two of Putnam's most prominent supporters, the sheriffs of Tarrant and Wise Counties, decked in some massive headwear.  

● TX-23: Future Leaders Fund, an organization started by retiring GOP Rep. Will Hurd, is up with a TV commercial supporting Navy veteran Tony Gonzales ahead of the March 3 primary. Politico reports that this is a "five-figure buy" on Fox News.

● VA-05: EMILY's List has endorsed Marine veteran Claire Russo in the June Democratic primary for this 52-41 Trump seat. The GOP nomination will be decided at an April 25 party convention, where freshman Rep. Denver Riggleman is trying to fend off a challenge from Campbell County Supervisor Bob Good.