Morning Digest: These are the top 10 state supreme court battles of the coming cycle

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

State Supreme Courts: In a new story, Daily Kos Elections' Stephen Wolf looks state-by-state at the supreme court elections in 2021-2022 where progressives or conservatives could gain majorities or make major inroads. The federal judiciary grew ever more hostile to voting rights during the Trump era, and the right-wing majority on the U.S. Supreme Court has refused to curtail partisan gerrymanders designed to entrench one-party rule. But at the same time, state courts such as Pennsylvania's have started striking down these gerrymanders and issuing their own decisions defending voting access.

Crucially, these decisions have relied on protections found in state constitutions, meaning that they're insulated from U.S. Supreme Court review (at least for the time being). Almost every state constitution, in fact, offers similar protections—the issue is who's interpreting them. Unlike federal judges, most state supreme court justices are elected to their posts, and while the almost uniquely American practice of electing judges creates serious problems for judicial impartiality, it nevertheless presents progressives with the opportunity to replace conservative ideologues with more independent-minded jurists.

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​With 10 major states up for grabs over the next two years, progressives have the chance to flip Ohio's Supreme Court, gain a more solid majority in Montana, and make gains that could set them up to flip conservative-heavy courts in Georgia, Texas, and Virginia later this decade. Meanwhile, Republicans could take control of Democratic-leaning courts in Illinois, Michigan, Minnesota, and North Carolina. Elections in these states could have major implications for efforts to constrain gerrymandering and protect the right to vote over the next decade.

Senate

AL-Sen, AL-Gov: Lt. Gov. Will Ainsworth, whose name had come up as a possible candidate for Alabama's open Senate seat, announced on Friday that he would not join the GOP primary. However, while Ainsworth did not mention next year's race for governor, he did say in a statement that he believes "that God's plan currently calls for me to continue leading on the state, not federal, level of government"—a hint that he could instead run for that post. The current incumbent, Republican Kay Ivey, could seek another term but hasn't yet announced her plans and may, at age 76, opt to retire.

OH-Sen, OH-Gov: Republican Rep. Warren Davidson said over the weekend that he's considering a bid for Ohio's open Senate race and also suggested he could primary Gov. Mike DeWine. In an interview with Fox at CPAC, Davidson criticized DeWine for his "overbearing" approach to fighting the pandemic and said he should have behaved more like Florida Gov. Ron DeSantis. Of course, it's one thing to take jabs at an incumbent unpopular with conservatives when in the most friendly possible environment; it's quite a lot further to challenge him in an actual campaign.

Governors

MA-Gov: Democrat Joe Curtatone announced on Monday that he would not seek a sixth term this fall as mayor of Somerville, a city of 81,000 located just north of Boston, and he once again did not rule out a bid for governor in 2022. Curtatone said his decision was not a "political calculus to a calendar or timeline," adding, "I'm not even thinking about what I may or may want to do."

Back in December, the conservative Boston Herald reported that Curtatone was mulling over a bid against Republican Gov. Charlie Baker, who has not yet revealed his own plans. While Curtatone still hasn't publicly expressed interest, though, one of his longtime advisors did say the mayor was thinking about it. Consultant Mark Horan, who acknowledged that it would have been "extremely difficult" for Curtatone to seek a promotion while also running for reelection, said of a potential gubernatorial run, "It certainly makes sense that he is considering it."

NY-Gov: Democratic Gov. Andrew Cuomo will face an independent investigation into charges that he sexually harassed female members of his staff after a second aide, former health policy staffer Charlotte Bennett, accused him of repeatedly asking her invasive and unwanted questions about her sex life. Following Bennet’s allegations, a third woman, Anna Ruch, said on Monday that Cuomo made an unsought advance on her at a wedding, grabbing her face and asking if he could kiss her before she was able to pull away.

Bennett, who is 25, revealed to the New York Times's Jesse McKinley that the 63-year-old Cuomo, whom she served as an executive assistant, did not touch her but asked her questions like whether "she was romantically involved," "was monogamous in her relationships," "believed if age made a difference in relationships" and "had ever been with an older man." According to Bennett, Cuomo told her "he's fine with anyone above the age of 22." She told McKinley, "I understood that the governor wanted to sleep with me, and felt horribly uncomfortable and scared."

Bennett contemporaneously documented her encounters in text messages with friends and family members. She also reported them to Cuomo's chief of staff in June and was soon transferred to a new position advising on health policy, explaining that she chose not to press for an investigation because she was happy with her new post and "wanted to move on." However, Bennett left her job in November, saying, of Cuomo, "His presence was suffocating. I was thinking that I could recover and have distance but that is so naïve."

Following the Times report on Friday, which came just two days after another former aide, Lindsey Boylan, accused Cuomo of fostering a hostile workplace and kissing her on the mouth without her consent, top Democrats across the state immediately demanded an inquiry. Cuomo sought to head off these demands on Saturday by trying to hand-pick his own investigator, former federal Judge Barbara Jones—a move that was met with instant derision given Jones' close ties to a former top Cuomo aide, Steven Cohen.

In a rare climb-down reflecting his precarious position, Cuomo quickly reversed course on Sunday and asked state Attorney General Tish James and Chief Judge Janet DiFiore to jointly name an independent attorney to investigate the allegations. James, however, instantly shot down that proposal as well, saying that her office alone has the legal authority to handle the matter. (And though James didn't mention it, DiFiore was appointed to her position leading New York's highest court, the Court of Appeals, by Cuomo.)

Remarkably, Cuomo backed down a second time later that same day and said he would refer the matter outright to James, which he did the following day. James promised to hire an outside law firm to lead the probe and pledged she would "oversee a rigorous and independent investigation."

Cuomo's response to the substance of Bennett's charges has also differed markedly from how he reacted to Boylan's accusations, which he simply denied entirely. On Sunday, in a statement that referenced Bennett but not Boylan, Cuomo said, "I now understand that my interactions may have been insensitive or too personal and that some of my comments, given my position, made others feel in ways I never intended," and added a no-pology: "To the extent anyone felt that way, I am truly sorry about that."

Bennett rejected Cuomo's remarks as insufficient on Monday, saying in a statement that the governor "has refused to acknowledge or take responsibility for his predatory behavior." She also offered encouragement to other women who might come forward.

Whether or not in response to Bennett’s entreaty, Ruch did just that. On Monday, she told the New York Times that, after she thanked the governor for making a toast on behalf of her newly married friends, Cuomo swiftly placed his hand on her bare lower back. A friend photographed the ensuing moments, in which Cuomo placed both hands on Ruch’s cheeks and, says Ruch, asked, “Can I kiss you?” Ruch’s friend says Cuomo kissed Ruch on the cheek as she removed herself from his grasp. A Cuomo spokesperson “did not directly address Ms. Ruch’s account,” says the Times, only directing reporters back to the Sunday statement described above.

While a number of prominent Democrats have said Cuomo should resign if James' investigation inculpates him, a growing chorus has called for him to leave office immediately. A telling example came from Rep. Kathleen Rice, who tweeted, “The Governor must resign” shortly after the Times published Ruch’s story. In 2010, Rice was Cuomo’s preferred candidate to succeed him as attorney general, though she lost the Democratic primary to Eric Schneiderman.

If Cuomo were to leave office early, he would be succeeded by Lt. Gov. Kathy Hochul, a former congresswoman who is serving her second term as Cuomo’s number two.

House

NC-11: In a new report from BuzzFeed, two more women, Caitlin Coulter and Leah Petree, have publicly accused freshman Republican Rep. Madison Cawthorn of sexually harassing them while they attended Patrick Henry College in 2016 and 2017. Previously, three women (including two by name) came forward in the summer of 2020 to charge Cawthorn with similar acts both before and during his time at Patrick Henry.

Several other students also told BuzzFeed that Cawthorn had developed a reputation for predatory behavior despite his brief enrollment at the school (he was there for just over a semester), and two dorm leaders also confirmed that they'd warned women about him.

NJ-02: Democratic Assemblyman Vince Mazzeo has announced he'll run for a competitive state Senate seat that's open this fall due to a Republican retirement, which probably takes him out of the running for a challenge to Republican Rep. Jeff Van Drew. Win or lose in November, it'd be unlikely that Mazzeo would want to immediately turn around and run another tough race.

OH-16: With the support of his old boss, former Donald Trump aide Max Miller has entered the GOP primary against Rep. Anthony Gonzalez, who was one of 10 House Republican who voted to impeach Trump in January. Miller, a Marine Corps reservist, hails from a family of prominent Jewish philanthropists in the Cleveland neighborhood of Shaker Heights but only recently moved into Gonzalez's 16th District, which lies to the west, south, and east of the area where Miller grew up (yes, it's that hideously gerrymandered).

The announcement makes Miller the first notable Republican to join the race, but former state Rep. Christina Hagan has also hinted at her interest. However, she's said she might instead choose to seek Democratic Rep. Tim Ryan's 13th District, depending on how redistricting turns out.

TX-06: Republican Brian Harrison, who served as chief of staff to former Trump Health and Human Services chief Alex Azar during his disastrous handling of the COVID pandemic, announced Monday that he could compete in the May 1 special election to succeed the late GOP Rep. Ron Wright. Politico wrote last month of the now-candidate, "In the West Wing, a handful of his detractors derisively referred to Harrison as 'the dog breeder'—a reference to the labradoodle-breeding family business that he helped run prior to joining the Trump administration." More on that here.

Meanwhile, The Hill reports that former Trump spokesperson Katrina Pierson also plans to run. The filing deadline is Wednesday, so we'll have a full-line up for the all-party primary very soon.

WY-AL: State Rep. Chuck Gray just filed paperwork with the FEC ahead of a possible primary challenge to Republican Rep. Liz Cheney, though he has yet to speak publicly about his interest. Gray's name surfaced last month when a poll for Donald Trump's super PAC included him. His Twitter bio only describes him as a member of the legislature, not a congressional candidate, though his feed is mostly filled with attacks on Cheney. Another GOP lawmaker, state Sen. Anthony Bouchard, is already running.

Legislatures

Special Elections: Tuesday brings the busiest special election night of the year so far, with three races on deck in Alabama, California, and Connecticut.

AL-SD-26: This Democratic Montgomery-based seat became vacant when former Sen. David Burkette resigned last year. Burkette did not cite a reason for his resignation at the time, but was arrested and sentenced to a year of probation just a few weeks later because of a campaign finance violation.

Democratic state Rep. Kirk Hatcher will take on Republican William Green, a minister. Alabama is a difficult state to wrangle data from, so we don't have presidential results for this district. Based on prior results for races here, though, this is a strongly Democratic district. Burkette twice defeated Republican DJ Johnson here in 2018; once in a special election by an 89-10 spread and again later in the year in the regular election 80-20.

Republicans have a 26-7 edge in this chamber with this and one other seat vacant.

CA-SD-10: This South Los Angeles-area seat became vacant when former Democratic Sen. Holly Mitchell was elected to the Los Angeles Board of Supervisors last year. Three Democrats and two Republicans (plus two non-major party candidates) are vying to replace Mitchell in this strongly Democratic seat that backed Joe Biden 84-12 in 2020, according to data from Los Angeles County.

The Democrats are Assemblymember Sydney Kamlager, Culver City Council Member Daniel Lee, and Apartment Association of Greater Los Angeles President Cheryl Turner, while businessman Joe Lisuzzo and business consultant Tiffani Jones are the Republicans. Community organizer Ernesto Huerta is representing the Peace and Freedom Party and Army veteran Renita Duncan is running without a party affiliation as an independent candidate.

Unlike other California elections, where the top two candidates advance to the next round even if one candidate wins a majority, special elections can be won in the first round if the leading candidate takes more than 50%. If no candidate does, though, a runoff will be held on May 4.

Democrats currently hold a 30-9 supermajority in this chamber, with just this seat vacant.

CT-SD-27: This seat located in Stamford became vacant when former Democratic Sen. Carlo Leon resigned to join the administration of Gov. Ned Lamont. The candidates for this race were selected by their parties, and Democrats nominated state Rep. Patricia Miller while Republicans tapped attorney Joshua Esses.

This is a safely blue district that Hillary Clinton won 66-30 in 2016. Democrats control this chamber 23-12, with just this seat vacant.

Mayors

Boston, MA Mayor: Republican Gov. Charlie Baker signed legislation on Friday that would avert a special election in the event that Mayor Marty Walsh resigns before March 5 to become U.S. secretary of labor. The regularly scheduled nonpartisan primary for a four-year term will still take place in September, and the two candidates with the most votes will compete in the November general election.

Morning Digest: Nephew of Arkansas’ GOP governor bails party to mull independent run for governor

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

AR-Gov: State Sen. Jim Hendren expressed interest only weeks ago in seeking the Republican nomination to succeed his uncle, termed-out GOP Gov. Asa Hutchinson, but he instead shocked politicos on Thursday by announcing that he was leaving the party to become an independent. Hendren, who recently finished a stint leading the chamber, called the Jan. 6 attack on the U.S. Capitol "the final straw," continuing, "I asked myself what in the world I would tell my grandchildren when they asked one day what happened and what did I do about it?"

Hendren said that he would form an organization to fund moderate candidates, and he also did not rule out running for governor himself without a party affiliation. "Right now, I've pushed that decision to the backburner because before anybody can win any serious race as an independent there has to be some sort of platform, some sort of foundation," he said, though he added that he might instead back a different independent contender.

Senate

AL-Sen: Wealthy businesswoman Lynda Blanchard entered the race for Alabama's open Senate seat on Thursday, seeding her campaign with what she described as "an initial $5 million deposit." In launching her bid, Blanchard made sure to emphasize that she "served as U.S. ambassador to First Lady Melania Trump's home country of Slovenia." Blanchard is the first notable Republican to join the contest, but many, many others are eyeing the race.

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FL-Sen: The New York Times reports that Ivanka Trump will not primary Republican Sen. Marco Rubio next year, according to unnamed "people close to her," and Rubio's office says that Trump herself has told the senator the same thing. In a statement, Trump didn't directly address the race but praised Rubio and called him "a good personal friend."

OH-Sen: Jane Timken, who recently stepped down as chair of the state Republican Party, announced Thursday that she would run to succeed retiring GOP Sen. Rob Portman.

Timken joins former state Treasurer Josh Mandel in the primary, and he immediately tried to out-Trump his new opponent by tweeting out a picture of her embracing former Gov. John Kasich, a Republican who dynamited his last bridges with the party last year by endorsing Joe Biden. Kasich though, got into the trolling game by quickly sharing a photo of a smiling Mandel looking on as Kasich stumped for him during the former treasurer's failed 2012 Senate campaign. (The only commentary that accompanied Kasich's tweet was an eye-roll emoji.)

Timken herself emerged on the political scene in 2017 by unseating a Kasich ally as state party chair. Donald Trump publicly backed Timken in that contest and called about a dozen central committee members on her behalf. Timken is also part of a prominent donor family in state party politics, and the wealthy candidate already seems to have money available for her bid: Politico reports that Timken is launching a $263,000 buy on Fox.

PA-Sen: Democratic Rep. Madeleine Dean recently attracted national attention as one of the managers of Donald Trump's second impeachment, and several of her allies are now publicly encouraging her to enter the race to succeed retiring Republican incumbent Pat Toomey. A spokesperson for Dean only told Roll Call’s Bridget Bowman in response that the congresswoman hasn't had time to consider, which very much isn't a no.

The most prominent Democrat to announce before this week was Lt. Gov. John Fetterman, but others may make their move no matter what Dean ends up doing. Bowman relays that two unnamed Democrats say that Montgomery County Commission chair Val Arkoosh "is expected to announce a Senate bid soon." Dean's 4th Congressional District includes just over 85% of this populous suburban Philadelphia community, so she and Arkoosh might end up competing over the same geographic base if they both ran.

Party strategist Mark Nevins also tells Bowman that for every "whisper you hear about Congresswoman Dean running for Senate, you also hear one about" other Democratic House members including Rep. Mary Gay Scanlon, whom we hadn't previously heard mentioned for this race.

Governors

CA-Gov: A new poll from WPA Intelligence for Republican Kevin Faulconer, who recently left office as mayor of San Diego, says that California voters support recalling Democratic Gov. Gavin Newsom by a 47-43 margin, with 10% undecided. A recent poll for UC Berkley found just the opposite, with voters opposing the idea 45-36. Faulconer's survey also included numbers for a horserace matchup pitting himself against several other potential candidates, but his proposed field is so deep into the realm of the hypothetical that the data isn't in any way useful.

OH-Gov: While Franklin County Recorder Danny O'Connor expressed interest in seeking the Democratic nod for the Senate last month, he also opened the door this week to a possible campaign against Republican Gov. Mike DeWine or for another statewide office. O'Connor, who lost two competitive 2018 races for the 12th Congressional District, said, "An executive office in a state like Ohio is always going to have more of an impact than legislative offices ... I love the thought of running across this state … and having conversations about the type of Democrat that I am."

O'Connor didn't give a timeline for when he'd decide, though the Columbus Dispatch noted that his wife is expected to give birth in May and "family matters are taking precedence over political aspirations for the moment."

VA-Gov: A new Global Strategy Group poll of Virginia's Democratic primary for governor conducted on behalf of former Del. Jennifer Carroll Foy finds former Gov. Terry McAuliffe far out in front with 42% of the vote, with Lt. Gov. Justin Fairfax at 14%, Carroll Foy at 7%, and state Sen. Jennifer McClellan at 6% while 30% are undecided.

GSG argues, however, that Carroll Foy is best poised to grow, saying that she trails McAuliffe by a narrower 37-27 after respondents were read "evenhanded profiles and images of the four core candidates," with the other two Democrats still well behind. The memo did not include the text of the profiles.

House

CO-03: State Rep. Donald Valdez announced Thursday that he'd seek the Democratic nod to take on the 3rd District's extremist incumbent, freshman Republican Lauren Boebert. Valdez, a moderate who has often voted against his party in the legislature, ran for this western Colorado seat last cycle, but he dropped out after raising little money.

Legislatures

IL State House: Democratic state Rep. Mike Madigan announced Thursday that he was resigning from the state House, a move that concludes his 50-year career in the legislature one month after his record-breaking tenure as speaker came to an involuntary end. The still-powerful Madigan will remain state party chair, though, so he's far from done with Prairie State politics. Madigan is also the head of his local Chicago ward party, which allows him to pick his replacement in the House. (There are no special elections to the Illinois legislature.)

Data

Pres-by-CD: Our project to calculate the 2020 presidential results for all 435 House seats nationwide nears its end with Louisiana, which will host not one but two special elections on March 20. You can find our detailed calculations here, a large-size map of the results here, and our permanent, bookmarkable link for all 435 districts here.

Donald Trump's 58-40 victory in the Pelican State over Joe Biden was little different from his 58-38 showing against Hillary Clinton in 2016, and Trump once again easily won five of Louisiana's six congressional districts. Trump scored at least 62% of the vote in each of these constituencies, all of which are held by Republicans.

The one blue seat is the 2nd District, which stretches from the New Orleans area west to Baton Rouge. Republican mapmakers drew this constituency to take in as many African American voters as possible to make the surrounding districts whiter, and Biden's 75-23 win was almost identical to Clinton's 75-22 performance. Several candidates are competing in next month's all-party primary to succeed former Rep. Cedric Richmond, who resigned in January to take a post in the Biden White House, and there's no question that the eventual winner will be a Democrat.

Louisiana has always had a district anchored by New Orleans, and Democrats have held it since the 1890 election—with one very unusual exception a little more than a decade ago. In 2008, Democratic Rep. Bill Jefferson lost re-election to Republican Joseph Cao in a huge upset thanks to a confluence of scandal, a major change in election law, and a hurricane that struck the Gulf Coast.

Perhaps most importantly, Jefferson was under indictment on corruption charges after he was filmed allegedly taking $100,000 in marked cash from a government informant, $90,000 of which was later discovered in his freezer. For a time, though, it seemed like Jefferson's electoral career would continue despite the scandal. The state temporarily abandoned its all-party primaries for congressional races in 2008 and 2010 and switched to the type of partisan primary-plus-runoff system that's used in neighboring Southern states. Jefferson won the first round of the primary with a 25% plurality, and he prevailed in the runoff 57-43.

But timing is everything in politics, and events outside of Jefferson's control dramatically altered the political calendar in Cao's favor. The primary was originally set for early September, but the state postponed the contest for a month when Hurricane Gustav threatened the Gulf Coast at the end of August. (The storm also led to the cancelation of the first night of the Republican National Convention.) Primary runoffs instead took place on Election Day in November, with the general election for those races pushed off until December.

Unfortunately for Jefferson, his contest was one of those affected. The congressman won the runoff as Barack Obama was carrying his seat 74-25, but he still needed to fend off Cao in December. Turnout would have almost certainly dropped no matter what, but the state's new election rules likely led many Democratic voters to mistakenly believe that they'd already re-elected Jefferson in November when they'd only renominated him. Other voters who might otherwise have voted Democratic also stayed home, or even backed Cao, out of disgust for the incumbent.

Still, it was a massive surprise when Cao defeated Jefferson 50-47, a victory that made him the first Vietnamese American to ever serve in Congress. Republicans were thrilled about their pickup after a second brutal cycle in a row, with Minority Leader John Boehner memorably putting out a memo afterwards proclaiming, "The future is Cao." Jefferson himself was convicted the next year and began serving a 13-year sentence in 2012, though he ended up leaving prison in late 2017.

Cao, meanwhile, struggled to repeat his shock win against a stronger opponent. While Republicans enjoyed a very strong election cycle in 2010, the 2nd reverted to form when state Rep. Cedric Richmond, who had unsuccessfully challenged Jefferson in the 2008 primary, unseated Cao 65-33. That victory restored the 2nd District's status as a safely blue seat, and even with Richmond's departure for a job in the Biden White House, that's not going to change in next month's special.

The other March 20 special will take place in the 5th District to succeed Republican Luke Letlow, who died from complications from the coronavirus just weeks after he won an open seat race against a fellow Republican but before he could be sworn in. This seat, which includes Monroe and Alexandria in the central part of the state, backed Trump 64-34, and Republicans should have little trouble keeping it.

This area, though, did send a Democrat to the House under the state's previous congressional map in 2002, but Team Blue's hold proved to be very brief. State Rep. Rodney Alexander won an open seat race 50.3-49.7 that year, and he looked like he'd be one of the most vulnerable members of the Democratic caucus in 2004. Alexander filed to run for re-election as a Democrat that year, but he refiled as a Republican two days later―on the final day of the candidate qualifying period.

The congressman's former party was infuriated, but Democrats were never able to take revenge. The incumbent won his 2004 race, as well as his next four campaigns, without any trouble. Alexander resigned in 2013 to take a position in Gov. Bobby Jindal's administration, and, despite a high-profile scandal surrounding his immediate successor, Team Red has always easily held the seat.

Louisiana Republicans had control of the redistricting process in 2011 for the first time in living memory, but Democratic Gov. John Bel Edwards may be able to block them from passing another gerrymander. The legislature has only ever overridden two gubernatorial vetoes in more than two centuries of statehood (the last was in 1993), and while Republicans have the two-thirds majority necessary to defy Edwards in the state Senate, they don't have quite the numbers on their own in the House.

That's because, while Republicans outnumber Democrats 68-35 in the lower chamber, the House crucially also contains two independents who often vote with the minority party. This means that, if no seats change hands before redistricting takes place, and no Democrats vote for a Republican map, GOP legislators would need to win over both independents to pass their own boundaries again.

P.S. Because Louisiana does not assign pre-Election Day votes to precincts, we have relied on the same method to estimate congressional district vote totals that we recently used in Alabama.

International

Israel: Israel will hold a general election on March 23 because the results of the 2020 election were inconclusive. That election was held because the results of the September 2019 election were inconclusive. And that election was held because the results of the April 2019 election were inconclusive. We'll give you one guess as to the likely result of this next election.

Through all of this turmoil one constant has remained: radical-right Prime Minister Benjamin Netanyahu. Some parliamentary systems have a tradition of deploying a caretaker prime minister, who takes over if the current officeholder loses a no-confidence vote or resigns. The caretaker PM leads the government for a short time until elections are held or the crisis at hand has abated. This is common in Italy, and in fact just happened. There is no such tradition in Israel, however, and so Netanyahu sticks around not because a majority of any of these Knessets (the Israeli parliament) want him to, but because there's no majority for anyone else to take over.

In the April 2019 election, the pro-Netanyahu coalition won 60 of the chamber's 120 seats. In September of that year, it won just 56 seats, and in 2020 it won 58. For both the second and third elections in question, if a vote of confidence in Netanyahu had been taken, he would have lost. But the anti-Netanyahu side ranges from left-wing Arab-majority parties to right-wing secular nationalists, a disunified confederation at the best of times.

After the 2020 elections, the anti-Netanyahu faction managed to get 61 members of Parliament to recommend that Benny Gantz of the centrist Blue and White Party form the next government, but Gantz was unable to hold this disparate group together long enough to actually form a working coalition. He instead made a deal with Netanyahu in which each man would supposedly serve as prime minister for 18 months. Netanyahu went first, of course, and another election was scheduled before Gantz got his turn. This surprised exactly no one who has spent more than five minutes following Netanyahu's career.

So far, the upcoming election has largely followed the pattern of its recent predecessors. The new center-right hope to unseat Netanyahu is former fellow Likud MP Gideon Sa'ar, who left Likud as new elections were being called and has largely picked up the center-right anti-Netanyahu vote that had been going to Gantz's Blue and White Party. Also arrayed against Netanyahu are the right-wing secular nationalists, the centrists, the center-left, and the Arab-majority parties. On the pro-Netanyahu side, you've got his Likud Party, of course, as well as the Orthodox Haredi parties and the far-right extremists. You will be shocked to learn that recent polling puts each side at about 60 seats.

If Netanyahu's side wins a majority, however, he'll remain prime minister. If not, he'll probably remain in charge anyway while the opposition fails to unite behind a replacement. There is one entity that might prevent this outcome and end this stalemate, but it lies far outside the Knesset: the Israeli justice system. Netanyahu has been under investigation for corruption since 2016 and was indicted in 2019 for fraud, bribery, and breach of trust. His trial has been ongoing since May of last year, prolonged by many COVID-related delays. Prosecutors are finally slated to start providing evidence for their case within weeks, though that too could be delayed until after the election.

Even if Netanyahu were convicted, appeals would likely string the process along for years, though he could conceivably be forced to step down. However, barring significant voting shifts one way or another, there's no obvious alternative path out of this perpetual deadlock.

Kosovo: As in Israel, voters in Kosovo were just sent back to the ballot box earlier than normal, though with a very different outcome. The left-wing Vetevendosje (Albanian for "Self-Determination'') turned a small 2019 plurality victory into a landslide mandate to govern the country, skyrocketing from 26% of the vote to 48%, with the counting of overseas votes still ongoing.

The major leftist party in Kosovo, Vetevendosje had grown out of an anti-corruption protest movement in the 2000s and first contested parliamentary elections in 2010. The party is also the main proponent of ethnic Albanian nationalism, pushing for a referendum to unify Albanian-majority Kosovo with neighboring Albania itself. While the party placed first two years ago, its relatively small share of seats pushed it into an unstable coalition with the center-right Democratic League of Kosovo (DLK), which had narrowly finished second.

That coalition lasted less than four months as the DLK bolted over the handling of the pandemic and formed a new government with just 61 votes in the 120-seat chamber. However, the Constitutional Court of Kosovo later ruled that because one of the 61 members voting for the new government had been convicted of fraud, the vote creating the new government did not actually pass with the needed majority, leading to new elections on Feb. 14.

Vetevendosje had long campaigned as an anti-establishment and anti-corruption party, and years of problems came to a head as the pandemic caused a sharp downturn in the country's economic fortunes. The party was also boosted by acting President Vjosa Osmani, who took over after the previous president, Hashim Thaci, was indicted at The Hague for war crimes. Osmani was a DLK MP and was elevated to the position of speaker last year, which in turn led to her assuming the powers of the presidency after Thaci's departure. But Osmani soon left the DLK and campaigned with Vetevendosje during the election.

The party will likely fall just short of an outright majority but should be able to form a stable coalition with some of the smaller parties and the seats set aside for minority groups. Leaders have said that they will prioritize curbing corruption and tackling unemployment rather than negotiations with Serbia, from whom Kosovo declared independence back in 2008. Serbia has refused to recognize Kosovo's independence, and their disputed diplomatic relations have often been the focus of other countries, but the issue repeatedly rates as a low priority both in polls and for the incoming Vetevendosje government itself.

Grab Bag

Where Are They Now?, NJ State Senate: Michael Pappas, a Republican who represented New Jersey in the U.S. House for a single term from 1997 to 1999, announced this week that he would run this year for an open seat in the state Senate in the west-central part of the state being vacated by retiring GOP incumbent Kip Bateman.

Pappas earned his brief moment in the political spotlight in 1998 when he took to the House floor to deliver an ode to the special prosecutor probing the Clinton White House that began, "Twinkle, twinkle, Kenneth Starr/ Now we see how brave you are." Politicos would later blame that bit of awful poetry for Pappas' 50-47 defeat against Democrat Rush Holt that fall.

Pappas, who quickly earned the support of influential party leaders for his new campaign, also scared off former Rep. Dick Zimmer, who had competed with Pappas in a 2000 primary that occurred when both of them were out of Congress. While Zimmer, who gave up this seat back in 1996 to unsuccessfully run for the Senate, decisively won that intra-party engagement, he went on to lose a very tight contest to Holt. Zimmer, though, endorsed Joe Biden last year, so he was very unlikely to pull off another victory against Pappas.

Pappas, however, is no sure bet to return to elected office. While we don't yet have the 2020 presidential results calculated for the New Jersey legislature, Hillary Clinton carried the 16th Legislative District 55-41 four years before.

Morning Digest: Trumpworld’s favorite pollster is pushing unhinged election conspiracy theories

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

WY-AL: Donald Trump's "Save America" PAC is trying to put the hurt on Republican Rep. Liz Cheney by publicizing a poll of next year's primary purporting to show the congresswoman in dire straits, but there are some serious problems we’re obligated to address.

We’ll spare a quick look at the numbers first, though as we’ll show in just a moment, there’s good reason to question their veracity because they’re from the notorious firm McLaughlin & Associates—and not just for the usual reasons.

The survey shows Cheney trailing both state Sen. Anthony Bouchard (who's already announced a bid) and state Rep. Chuck Gray (whose name hasn't come up previously) by the same 50-23 margin, and it even has her losing a three-way matchup, with Bouchard taking 28, Cheney 21, and Gray 17. McLaughlin’s track record for sheer wrongness is so well-known we don't even need to get into it, but there’s something else we do want to get into.

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In particular, we need to shine a spotlight on recent comments made by the firm's principal, John McLaughlin, who's veered deep into the land of election conspiracy theories. In promoting a poll his firm conducted last month, McLaughlin tried to buttress support for a number of long-debunked lies:

  • "It is concerning that in this poll where a majority of voted for Biden, they still can't say it was an honest election."
  • "Since Election Day, and despite media spin the election fraud story is a big nothing, belief among voters of serious vote fraud has grown."
  • "Weeks have passed since the presidential election, but in spite of Big Media and Big Tech's promotion of Joe Biden, more American voters believe the election was marred with fraud — and it's growing."

The Washington Post, meanwhile, reported that McLaughlin happily obliged a rage-filled Trump with similarly unhinged polling after the election, including numbers that—impossibly—showed him with a positive job approval score. (The article memorably featured one White House adviser comparing Trump to "Mad King George, muttering, 'I won. I won. I won.'" It listed McLaughlin first among aides “happy to scratch [Trump’s] itch” for validation.)

Most extreme of all, on the night of the Georgia Senate runoffs, McLaughlin approvingly retweeted a Trump tweet that read, "Looks like they are setting up a big 'voter dump' against the Republican candidates. Waiting to see how many votes they need?" Pointing to heavily Democratic DeKalb County, McLaughlin wondered aloud, "Are they deciding how many votes the Democrats need to win?" and later that night grimaced, "The big dump came." Needless to say, no such thing happened.

As we said when we recently surveyed similar statements by the head of another Republican polling outfit, Trafalgar Group:

We take a heterodox approach to polling—there are many ways to get it right, and no one has a monopoly on the truth. But the truth is what we all must seek. Excluding polls is not something we do lightly, but when a pollster espouses beliefs about elections that are demonstrably false, we are unable to conclude that such a person does in fact believe in seeking the truth.

So too with McLaughlin. While he's long been an object of ridicule, he's now demonstrated that it's not just incompetence that lies behind his many errors but a fundamental disregard for the truth—and we’ll treat him accordingly.

Senate

FL-Sen: Politico reports that the DSCC and Joe Biden are working to recruit either Rep. Val Demings or Rep. Stephanie Murphy to run against Republican Sen. Marco Rubio next year, though both have been "noncommittal." Demings said last month she was considering a bid while Murphy declined to rule out the race in December.

IN-Sen: In a new interview, former Democratic Sen. Joe Donnelly didn't rule out a possible challenge to Republican Sen. Todd Young next year, saying that "we'll see what the future holds." However, Donnelly cautioned that he has "not made any kind of decisions on those types of things" and declined to specify any sort of timetable. Donnelly, who won a remarkable upset in 2012, lost his bid for a second term to Republican Mike Braun by a 51-45 margin in 2018.

NH-Sen, NH-Gov: WMUR's John DiStaso reports that Republican operatives believe that former Sen. Kelly Ayotte, whose name has more frequently come up as a possible gubernatorial candidate if Gov. Chris Sununu decides to run for Senate, will herself "take a hard look" at a bid against Democratic Sen. Maggie Hassan. DiStaso notes, though, that Ayotte and Sununu are "very unlikely" to run against one another, so presumably Ayotte would be more inclined to consider the governorship if Sununu goes for the Senate but would have greater interest in the Senate race if Sununu seeks re-election.

OH-Sen, OH-Gov: Far-right Rep. Jim Jordan’s team said Thursday that he would not run to succeed his fellow Republican, retiring Sen. Rob Portman. Buckeye State Republicans had speculated that if Jordan, who has long been a key Donald Trump ally, had run, he would have been able to deter many of his would-be primary opponents. That won’t be happening now, though, and Jordan’s decision could encourage the many Republicans eyeing this race to make the jump.

Jordan’s spokesperson did not mention a Cleveland.com report from November that the congressman was considering challenging Republican Gov. Mike DeWine, who fell out with Trumpworld after he recognized Joe Biden's victory. However, we haven’t heard anything new about a potential Jordan gubernatorial campaign in the ensuing two months, and it’s not clear if the congressman is even still considering the idea.

DSCC: Democrats have chosen Michigan Sen. Gary Peters to lead the DSCC for the coming cycle. Peters has experience winning difficult elections, holding off Republican John James by a close 50-48 margin last year.

Governors

FL-Gov: Politico reports that Democratic Rep. Charlie Crist is "maneuvering with the governor's mansion in mind," which is the first time we've seen reporting that the former governor might actually be considering a bid. The only other hint we've seen from Crist came in November, when he ran some unusual post-election ads thanking voters for re-electing him. That prompted observers to wonder if he was laying some early groundwork for another statewide bid, a possibility that he appeared not to rule out.

Crist won the governorship in 2006 as a Republican but waged an unsuccessful bid for the Senate in 2010 (during which he left the GOP to become an independent) rather than seek re-election. Crist became a Democrat two years later, and, after falling just short in a gubernatorial comeback bid in 2014, won the St. Petersburg-area 13th Congressional District in 2016.

IL-Gov: Wealthy businessman and Trump megadonor Gary Rabine, the founder of a paving company, is "expected" to launch a bid for governor next month, according to Politico. It's not clear just how much Rabine is worth, but a 2016 report described his business operations as "a $210 million dollar conglomerate of 11 companies," so if he still owns a large chunk of that enterprise, it's likely he could at least partly self-fund a campaign.

MD-Gov: Ashwani Jain, a 31-year-old former Obama administration official and son of Indian immigrants, just became the second Democrat to enter next year's primary for governor, joining state Comptroller Peter Franchot. In 2018, Jain ran for an at-large seat on the Montgomery County Council and finished eighth in a 33-candidate field (the top four vote-getters won seats). Maryland Matters described the showing as "relatively strong" and said Jain "impress[ed] political professionals" during his bid.

OH-Gov, OH-Sen: Cincinnati Mayor John Cranley says he'll report raising $350,000 in the second half of 2020 and has $500,000 on-hand ahead of a likely gubernatorial bid against Republican Gov. Mike DeWine next year. Cranley is the only Democrat who's filed paperwork so far, and while he hasn't announced a campaign, he says he's "extremely serious about running." He also just ruled out a run for Ohio's newly open Senate seat.

House

MD-01: Former Del. Heather Mizeur formally announced a challenge to Republican Rep. Andy Harris on Thursday, a few weeks after saying she might do so in response to Harris' role in inciting the Jan. 6 assault on Congress. Maryland's 1st Congressional District, which voted for Donald Trump 59-39 in November, is safely red, but because Democrats control the redistricting process, they could adjust the lines to make it competitive.

MI-08: Real estate agent Mike Detmer has announced he'll once again seek the Republican nomination to take on Democratic Rep. Elissa Slotkin in Michigan's 8th Congressional District. Detmer lost last year's primary to former ICE official Paul Junge just 35-29 despite raising almost no money. He did, however, gain attention for a Facebook post defending the far-right white supremacist group the Proud Boys.

NM-01: Democratic state Rep. Patricia Roybal Caballero, who filed paperwork the other day, officially joined the likely special election for New Mexico's 1st Congressional District on Wednesday.

WA-04: Republican state Rep. Brad Klippert has launched a challenge to Rep. Dan Newhouse, one of the 10 House Republicans who voted to impeach Donald Trump, though in a lengthy statement announcing his bid, he didn't actually use the word "impeachment" once.