Category: OHBallot

Morning Digest: Democrats spend big to pick preferred GOP opponent in Montana primary

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

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● MT-Sen: Republican Rep. Matt Rosendale has now all but announced that he'll seek a rematch with the man who beat him in 2018, Democratic Sen. Jon Tester—news that brought smiles to Democrats and angst to the NRSC and its allies.

The GOP establishment is all-in for wealthy businessman Tim Sheehy, but Democrats have already spent millions on messaging designed either to knock Sheehy out in the June 4 primary or damage him for the general election.

But Sheehy might be his own worst enemy. News of a 2019 plane crash involving the death of a pilot and the injury of a teenager on the ground resurfaced Friday after Politico reported that someone identified as "Timothy Sheehy" listed "plane crasher" as his occupation when making political donations. And there's reason to think this wasn't the work of a troll with money to burn.

Read Jeff Singer's piece for much more on the unfolding race between two flawed Republicans—including why Rosendale's alliance with Florida's most infamous congressman helps explain why Democrats would still rather face him again.

4Q Fundraising

  • NE-02: Don Bacon (R-inc): $780,000 raised, $1.5 million cash on hand; Tony Vargas (D): $552,000 raised
  • PA-10: Janelle Stelson (D): $282,000 raised
  • NC-AG: Jeff Jackson (D): $2 million raised (in two months)

Senate

● WV-Sen: Disgraced coal baron Don Blankenship decided to add "perennial candidate" to his résumé on Friday when he filed to run as a Democrat for West Virginia's open Senate seat.

The state Democratic Party quickly made it clear it wanted nothing to do with Blankenship, who spent a year in prison in connection to the 2010 explosion that killed 29 miners at one of his properties. "Blankenship, or as he’ll forever be known, federal prisoner 12393-088, lost a previous race for U.S. Senate when he ran as a Republican," said chairman Mike Pushkin. "He followed that up with a failed race for president running on the Constitution Party ticket," Pushkin noted.

House

● CO-05: Former Colorado Secretary of State Wayne Williams said on Friday that he would not enter the GOP primary to succeed retiring Rep. Doug Lamborn but would instead endorse conservative radio host Jeff Crank.

● IN-08: State Sen. Mark Messmer on Thursday became the first elected official to announce a bid to replace retiring Rep. Larry Bucshon, a fellow Republican. Messmer previously served as the chamber's majority floor leader, but he set his sights higher in 2022 when he challenged Senate President Pro Tem Rodric Bray for the top job. Bray prevailed, though, and the Indiana Capital says that Messmer lost his leadership positions afterward.

● MD-02: Rep. Dutch Ruppersberger on Friday became the first Democratic congressman to announce his retirement in the new year. His decision marks the close of a long career that saw Ruppersberger rise high in Old Line State politics―though not quite as high as he had envisioned.

  • Going Dutch. Ruppersberger was elected Baltimore County executive in 1994, and he seemed primed to run for governor in 2002. However, his troubles at home, including an embarrassing loss at the ballot box for a measure he'd supported, kept him out of the contest.
  • "Ruppersberger facing uphill battle." The termed-out executive still got his chance to run for higher office that same year after Democrats in the legislature redrew the congressional map, but he had to go through an unexpectedly bruising primary just two months before a general election showdown with former Republican Rep. Helen Bentley—one he was no longer expected to win.
  • Not going way down in the hole. It would take more than a decade before Ruppersberger finally put his gubernatorial ambitions to rest. However, he quickly became so secure in Congress that even the most famous politician on "The Wire" wouldn't challenge him.

Check out Jeff Singer's piece for more on Ruppersberger's career―and how one local Democrat has spent months laying the groundwork to succeed him.

● NC-06: Journalist Bryan Anderson reported Thursday that Speaker Mike Johnson has yanked back his endorsement of former Rep. Mark Walker, though Walker claims the reversal actually happened several months ago.

The former congressman tells The News & Observer that Johnson backed him before becoming speaker in October but then notified him the following month that he would now be neutral in the March 5 Republican primary. Walker also showed the paper a text that reporter Danielle Battaglia says "seemingly confirms" he was Johnson's initial pick.

However, Johnson, at least, did in fact support Walker at some point. Not so, however, with another member of Congress whose endorsement Walker has claimed. Walker has posted on social media that he had the backing of Oklahoma Sen. Markwayne Mullin, but the senator's staff now tells N&O that no such endorsement ever happened. "I don’t know what’s going on," said Mullin's chief of staff.

● NJ-07: Summit Councilman Greg Vartan announced Thursday that he was dropping out of the Democratic primary to take on Republican Rep. Tom Kean Jr. Vartan's departure leaves former Working Families Party state director Sue Altman and former State Department official Jason Blazakis as the only notable candidates competing in the June 4 nomination contest.

● NY-16: The House Ethics Committee announced Thursday that it was ending its probe into Democratic Rep. Jamaal Bowman for pulling a fire alarm at the Capitol in September. The body said that it would not sanction the congressman even though it found his explanations about the incident "less than credible and otherwise misleading," adding that he "failed to take appropriate steps to mitigate the risk of unnecessary harm."

Bowman, who has insisted he believed the alarm would open a locked door as he was "rushing to a vote," pleaded guilty in October for "willfully or knowingly" instigating a false alarm. The case was dismissed Thursday after it was determined that Bowman had paid his $1,000 fine and apologized to the Capitol Police. The congressman faces serious opposition in the June 25 primary from Westchester County Executive George Latimer, though the challenger did not mention the fire alarm incident in his December launch video.

Ballot Measures

● OH Ballot: Republican Attorney General Dave Yost has, for the second time, rejected the proposed ballot summary for an initiative that would enshrine extensive voting access protections and policies in Ohio's constitution, which we've previously detailed.

Yost claims that the measure's proposed title, which supporters have called the "Ohio Voters Bill of Rights," is misleading, even though the amendment would, among other things, establish voting as a "fundamental right" and prohibit "any means whatsoever" that have the intent or effect of denying or unreasonably burdening the right to vote.

Proponents can revise and resubmit their summary, but this rejection further delays the start of gathering voter signatures, which must be submitted by an initial July 3 deadline to qualify for November's ballot.

Legislatures

● NC Redistricting: U.S. District Judge James Dever, a George W. Bush appointee, has rejected a request to block a pair of state Senate districts in northeastern North Carolina that Black plaintiffs alleged violate the Voting Rights Act by discriminating against Black voters.

Plaintiffs quickly indicated they would appeal Dever's ruling to the 4th U.S. Circuit Court of Appeals while the case continues at the district court level. Republicans passed new gerrymanders last year and claimed the VRA no longer applied in North Carolina despite extensive evidence that voting patterns remain polarized along racial lines, particularly in rural regions such as those challenged in this case.

Grab Bag

● Where Are They Now?: The Justice Department determined that former New York Gov. Andrew Cuomo sexually harassed at least 13 different women who worked in state government between 2013 and 2021, findings that were made public as part of a settlement with the governor's office. Investigators concluded that Cuomo, who resigned in disgrace amid the threat of impeachment in 2021, had created "a sexually hostile work environment" and engaged in "a pattern or practice of retaliation" after employees complained.

The agreement requires Cuomo's successor, Gov. Kathy Hochul, to institute a number of reforms to prevent future civil rights violations. They include expanding her office's human resources department and implementing policies that require complaints against the governor and "high-level" aides to be reported and investigated externally. In response to the settlement, an attorney for Cuomo issued a statement denying her client had committed sexual harassment.

Cuomo has reportedly been considering bids for Senate and for New York City mayor.

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Morning Digest: Double-bunked Alabama incumbents vie to prove who’s the most extreme

Posted on by Daily Kos Elections

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

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Leading Off

● AL-01, AL-02: Rep. Barry Moore announced Monday that he'd take on fellow incumbent Jerry Carl in the March Republican primary for Alabama's revamped 1st District, a declaration that comes almost a month after a federal court approved a new map that makes Moore's old 2nd District all but unwinnable for his party. The 1st remains centered around the Mobile area but lost nearly all of the city itself and now includes the rural Wiregrass region in the state's southeastern corner.

Moore, who unlike Carl belongs to the far-right House Freedom Caucus, used a new interview with the conservative site 1819 News to try to position himself as the ideologically purer choice. After noting that redistricting made Carl's already safely red 1st District even more Republican, Moore argued, "Me being a House Freedom Caucus guy, I realized at that point the district really needs a true, true conservative to represent it."

But Carl, who is much closer to his party's leadership, was not content to let this narrative take hold. "Bring it on," he said in a statement. "I have a proven track record of putting Alabama first every day and delivering conservative results for Alabama's First Congressional District." Carl finished September with a $870,000 to $650,000 advantage in cash on hand. He also represents 59% of the population of the redrawn district to Moore's 41%. (Each incumbent's section of the new 2nd is comparably conservative, with both having given about 75% of the vote to Donald Trump, and the two regions saw similar turnout.)

It's possible, though, that the Club for Growth could come to Moore's aid. The hard-line anti-tax group spent over $700,000 on ads to boost him in his first successful campaign for Congress in 2020, when he came from behind to handily win the GOP primary runoff after Rep. Martha Roby retired. (Moore himself challenged Roby for renomination two years before, but he ended up taking third place in that primary.)

The Club also sought to influence that year's race in the 1st District, which was also open thanks to Rep. Bradley Byrne's unsuccessful Senate bid, and spent $1.4 million in an attempt to thwart Carl. But Carl managed to squeeze past state Sen. Bill Hightower 52-48. The Club didn't commit to anything on Monday, however, merely telling AL.com that its "endorsement process is confidential and we have nothing to announce at this time."

Moore, who previously served in the state House, also used his announcement to remind 1819 News that Monday marked nine years since a jury found him not guilty of perjury in connection with a corruption investigation targeting Mike Hubbard, who had been speaker of the state House. "I became a conservative who was attacked by the swamp itself, but it was the Montgomery swamp at that time," he said of that trial. "That was the thing that changed the trajectory of my life that we felt we were called into this fight."

Both Carl and Moore voted against recognizing Joe Biden's win in the hours after the Jan. 6, 2021, attack on the U.S. Capitol, but Moore went even further in promoting extremism that weekend. "[I]t was a Black police officer who shot the white female veteran," Moore tweeted of rioter Ashli Babbit, who was fatally shot attempting to breach a hallway adjacent to the House chamber. Moore went on to propose legislation this year to designate the AR-15 the "National Gun of America" and later spoke at a CPAC Hungary event headlined by autocratic Prime Minister Viktor Orbán.

Senate

● NJ-Sen: The New Jersey Globe reports that state First Lady Tammy Murphy plans to file FEC paperwork this week for a potential Democratic primary bid against indicted incumbent Bob Menendez and that her announcement "could come sometime in the next few weeks." The contest already includes Democratic Rep. Andy Kim, who launched his bid the day after federal prosecutors indicted Menendez on corruption charges.

House

● AL-02: State Sen. Kirk Hatcher and state Rep. Napoleon Bracy on Monday became the first notable Democrats to announce that they would run for the redrawn 2nd District, which will be open because GOP Rep. Barry Moore is campaigning for the 1st. (See our AL-01, AL-02 item above.) Hatcher also told AL.com that he anticipated that Montgomery Mayor Steven Reed would support him rather than run himself, something that the Alabama Reporter’s Josh Moon also reported would happen earlier Monday.

Hatcher hails from Montgomery, while Bracy represents the Mobile suburb of Prichard. Hatcher argued to Moon, "It’s been 40 or 41 years since the whole of Montgomery has been represented in Congress by someone who lives in Montgomery." He also criticized several prospective candidates who hail from north of the 2nd, declaring, "I know them and I think they’re fine people. But we would not go into Birmingham or to Huntsville. We have people who can represent this area."  

Bracy, whose community is in the new 2nd, didn't emphasize geography in his declaration, though he told AL.com, "This district is made up of so many cities, communities, and neighborhoods just like the one I grew up in—places hurting with high poverty and crime rates, unemployment that just don’t have a lot of opportunities, some of it is because they’ve been overlooked."

● CA-20: Businessman David Giglio, a Republican who took fourth in last year's top-two primary for the neighboring 13th District, announced Monday that he'd wage an intraparty bid against Rep. Kevin McCarthy. The incumbent said he planned to seek reelection to this safely red seat days after his speakership came to an involuntary end, though Politico notes that there's still plenty of talk he could retire or resign.

Giglio last cycle raised $500,000 and self-funded another $340,000 for his quest for the open 13th, though he ended up taking back $130,000 of his loan. But Giglio didn't come close to displacing John Duarte as the main GOP candidate: Duarte took 34% to Democrat Adam Gray's 31%, while Democrat Phil Arballo edged out Giglio 17-15 for the honor of taking third. Duarte went on to narrowly defeat Gray, who along with Arballo is seeking a rematch this cycle.

Giglio, however, is focusing on his new rival's failure rather than his own. "Kevin McCarthy was removed as Speaker by 8 courageous members of his own party for failing to keep his promises and capitulating to Joe Biden and the radical Democrats," Giglio declared in a statement. "Kevin McCarthy must be defeated."

● IL-17: Farmer Scott Crowl, who previously led an affiliate of the labor group AFSCME, declared last week that he would seek the GOP nod to take on freshman Democratic Rep. Eric Sorensen. Crowl entered the contest weeks after retired local judge Joe McGraw launched his own campaign for a north-central Illinois constituency that favored Joe Biden 53-45.

The Pentagraph previously wrote that McGraw has the NRCC's support, while Crowl says he's campaigning "against the establishment." He told the Quad Cities Times, "If the establishment was so good at picking candidates I wouldn’t be running today."

● MO-01, MO-Sen: St. Louis County Prosecuting Attorney Wesley Bell announced Monday that he would challenge Rep. Cori Bush in the Democratic primary rather than continue his longshot campaign to unseat Republican Sen. Josh Hawley. Missouri's 1st District, which includes St. Louis and its northern suburbs, supported Joe Biden 78-20, so whoever wins the Democratic nod next August should have no trouble in the general election.

Bush won a major upset in 2020 when she defeated 20-year incumbent Lacy Clay in the Democratic primary and swiftly became one of the House's most visible progressives. Now, however, her outspoken views on police funding and Israel are helping to fuel Bell's bid.

The congresswoman has spent her two terms in office as an ardent critic of Israel's government. Following Hamas' deadly invasion of Israel on Oct. 7, Bush released a statement that sparked criticism from both fellow members of Congress and Jewish organizations.

"As part of achieving a just and lasting peace," she said the day of the attack, "we must do our part to stop this violence and trauma by ending U.S. government support for Israeli military occupation and apartheid."

Bell joined Bush's critics in his Monday kickoff. "We can’t give aid and comfort to terrorists, and Hamas is a terrorist organization," he said, according to the St. Louis Post-Dispatch. Bell also highlighted Bush's calls for defunding the police, arguing the cause was both wrong and helped the Republicans flip the House last year.

Bush's team, meanwhile, responded to Bell's entry with a statement emphasizing her progressive views and questioning her opponent's decision. "It is disheartening that Prosecuting Attorney Bell has decided to abandon his US Senate campaign to become Missouri's first Black Senator after less than five months, and has instead decided to target Missouri's first Black Congresswoman," she said in a statement.

While both candidates hold prominent positions in local politics, both of them will be starting this matchup with little money. Bush finished September with just $20,000 in the bank, a smaller war chest than any House incumbent seeking reelection.

Bell, though, did not inspire many donors during his Senate campaign. The prosecutor, who was overshadowed in the primary by Marine veteran Lucas Kunce, took in just $280,000 during his two quarters in the race. He ended last month with $90,000 banked, funds that he can use for his new bid.

● OR-03: Democratic Rep. Earl Blumenauer told Willamette Week on Monday that he would not seek reelection to the seat he first won in a 1996 special election, saying, “I’m not certain that two more years in Congress in this climate is the best way to deal with things I care about.” Oregon’s 3rd District, which is based in the eastern Portland area, favored Joe Biden 73-25, and whoever takes a plurality in the May 21 Democratic primary should have no trouble in the general election.

We’ll have more in our next Digest about the race to succeed Blumenauer, who told The Oregonian, “There are literally a dozen people salivating at the prospect of getting in this race,” as well as the congressman’s long career.

● TX-32: State Rep. Rhetta Bowers announced Monday that she was exiting the Democratic primary and would instead seek reelection to the legislature after all. Bowers launched a campaign in mid-September to replace Democratic Senate candidate Colin Allred months after she said she'd run for reelection rather than seek a promotion, but she raised a mere $25,000 during what remained of the quarter.

● House: Politico writes that the Congressional Leadership Fund and Club for Growth will stick with the January agreement they made to persuade far-right members to support Kevin McCarthy even though Mike Johnson now sits in the chair. The terms were as follows: CLF said it "will not spend in any open-seat primaries in safe Republican districts" or fund any other groups that would, while the Club agreed to endorse McCarthy's speakership bid.

Attorneys General

● TX-AG: A judge on Monday scheduled Republican Attorney General Ken Paxton's trial for April 15, which will be close to nine years after he was charged with securities fraud.

Paxton has been reelected twice while under indictment, and while he was suspended from office in May when the state House impeached him in a different matter, the upper chamber acquitted him last month. Special prosecutor Kent Schaffer unsubtly highlighted how Republican Lt. Gov. Dan Patrick received $3 million from a pro-Paxton organization before presiding over his trial, declaring, "Unlike the impeachment, this is going to be a fair trial. This judge is not corrupt. This judge is not on the take."

If Paxton is forced from office this time, GOP Gov. Greg Abbott would nominate a successor; this person would require the support of two-thirds of the Senate in order to be confirmed.

Ballot Measures

● OH Ballot: Public Policy Polling's new survey of next week's election for former Ohio Democratic Party chair David Pepper finds a strong 55-38 majority in favor of Issue 1, which is described to respondents as a state constitutional amendment "which would protect reproductive freedom and an individual right to one's own reproductive medical treatment, including but not limited to abortion."

Pepper writes that this summary "approximates the first sentences voters will read on the ballot but doesn't get into all the details that appear later." Those details include ballot summary language written by the GOP-led Ohio Ballot Board that, among other things, substitutes the words "unborn child" in place of "fetus." Pepper argues, "I believe that all the attack ads and disinformation have made this narrower in reality" than what the toplines show even though the numbers demonstrate that "Ohio remains a pro-choice state."

The only other poll we've seen this month was conducted by Baldwin Wallace University and SurveyUSA in mid-October, and it also found a 58-34 majority in favor of Issue 1. The description provided in that poll said that the proposed amendment "would protect the right to reproductive freedom, including "access to contraception, fertility treatment, continuing one's own pregnancy, miscarriage care, and abortion," as well as "allow the state to prohibit abortion after fetal viability, unless 'it is necessary to protect the pregnant patient's life or health.'"

PPP also shows voters backing Issue 2, a statutory measure to legalize recreational marijuana, 59-39, which is comparable to the 57-35 edge BWU and SurveyUSA found. PPP additionally quizzed voters about the proposed 2024 amendment to "create an independent commission, made up of Ohio citizens and not politicians, to draw fair congressional and state legislative district lines," and respondents say they'd support it 57-15.

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Morning Digest: A right-wing darling wants a CNN gig. His enemies want his seat

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

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● CO-04: Colorado state Rep. Richard Holtorf announced Tuesday that he was forming an exploratory committee for a potential primary bid against Republican Rep. Ken Buck, a Freedom Caucus member who has improbably morphed into a vocal critic of extremists in his own party. Holtorf may not get his chance to take on Buck, though, as the congressman revealed that same day that he was interested in leaving the House to take an on-air cable news job.

Holtorf, who is the first notable Republican to publicly express interest in campaigning against the incumbent in the 4th District, told Colorado Public Radio he'd make up his mind in December. The state representative took Buck to task for condemning a letter from local Republicans accusing the federal government of violating the rights of Jan. 6 defendants, as well as Buck's opposition to his party's fervor to impeach Joe Biden. "Why is he on CNN and MSNBC?" asked Holtorf, "I don't think the message he is explaining represents the sentiment of the district."

But voters may soon see a whole lot more of their congressman on one of those networks than in eastern Colorado. The New York Post published a story shortly after the CPR interview went live in which Buck said, "I am interested in talking to folks at CNN and other news organizations—on the, I don't want to call them left, but sort of center-left—and having an opportunity to do that full-time or do that as a contributor would be great also."

Buck went on to inform the paper he was also eyeing similar roles at hard-right outlets like Fox News and Newsmax, though he added that he hasn't decided if he wants to leave the House just yet. And despite publishing a Washington Post piece titled, "My fellow Republicans: One disgraceful impeachment doesn't deserve another," Buck also said he hadn't actually ruled out voting to impeach Biden. "I am not opposed to impeachment, I'm opposed to the impeachment inquiry because I don't think it gives us any broader authority to investigate this," the congressman argued.

Until recently, it would have been tough to imagine Buck speaking out against his party's far-right elements. Buck, who previously served as Weld County district attorney, first emerged on the national scene as a prominent tea partier in the 2010 cycle when he challenged Democratic Sen. Michael Bennet. His hardline rhetoric, however, helped cost his party a pickup during what was otherwise a massive GOP wave.

Late in the campaign, Buck appeared on "Meet the Press" and said he stood by his 2005 declaration that he had refused to prosecute an alleged rape because "a jury could very well conclude that this is a case of buyer's remorse." He also argued that being gay was a choice. "I think birth has an influence over it," he said, "like alcoholism and some other things, but I think that basically you have a choice." Republicans quickly responded to Buck's narrow loss by citing him, along with Delaware's Christine O'Donnell and Nevada's Sharron Angle, as a cautionary example of what happens when the party chooses extremist nominees in crucial Senate races.

Unlike his fellow travelers, though, Buck actually had a future in elected office. For a time in 2014, he waged another Senate bid, but then switched places with Rep. Cory Gardner when the latter decided to wage a late campaign against Democratic Sen. Mark Udall.

Buck decisively won the primary for Gardner's seat by a 44-24 margin, and he's never had trouble holding his reliably red constituency. He went on to chair the state GOP ahead of a dispiriting 2020 cycle and has spent most of his tenure as an ardent conservative, though he broke from Freedom Caucus doctrine in 2021 when he became part of the minority of Republicans to vote to recognize Biden's win.

Holtorf, by contrast, likely has far more in common with most of Buck's colleagues on the extreme right. The state representative made national news in 2021 when he called a Latino colleague "Buckwheat," claiming later that he didn't know of the racist origins of the word. Holtorf again attracted unwanted attention again the next year when he accidentally dropped his gun in the state capitol while rushing to a vote, an episode that one observer called "reckless and scary."

The Downballot

● We did it! And it's all thanks to Molech! We're devoting this week's episode of "The Downballot" to giving praise to the dark god himself after New Hampshire Democrat Hal Rafter won a critical special election over Republican Jim Guzofski, the loony toons pastor who once ranted that liberals make "blood sacrifices to their god Molech." Democrats are now just one seat away from erasing the GOP's majority in the state House and should feel good about their chances in the Granite State next year. Republicans, meanwhile, can only stew bitterly that they lack the grassroots fundraising energy provided by Daily Kos, which endorsed Rafter and raised the bulk of his campaign funds via small donations.

We're also joined by Daily Kos Elections' own Stephen Wolf to update us on the ongoing litigation over Alabama's congressional map. In an unusual move, the court's appointed expert invited the public to submit their own proposals as he prepares replacement maps, so Wolf took him up on the offer and drew two plans of his own. Wolf describes those plans in detail and sings the praises of Dave's Redistricting App, the invaluable free tool that has allowed ordinary citizens to participate in the redistricting process in ways never before possible.

Subscribe to "The Downballot" on Apple Podcasts to make sure you never miss a show—new episodes every Thursday! You'll find a transcript of this week's episode right here by noon Eastern time.

Senate

● AZ-Sen: Politico reported Wednesday that Republican Kari Lake, who continues to challenge her defeat in last year's race for governor, will "almost certainly" announce in October that she'll run for the Senate, which is the same timeline Axios laid out last month. Pinal County Sheriff Mark Lamb has been campaigning for the GOP nod since April, but it remains to be seen if any other notable names will join in. While multiple publications said just before Labor Day that 2022 Senate nominee Blake Masters had decided to get in, a separate Politico story from Wednesday says his entry is "now on hold as Kari Lake preps her entry."

● IN-Sen: Wealthy businessman John Rust has filed a lawsuit to challenge the state law that would keep him off the GOP primary ballot, though he'd be the underdog against Rep. Jim Banks even if he succeeded in court.

The state only allows candidates to run with the party they belong to, and the easiest way for Hoosiers to establish party affiliation is to cast their two most recent primary votes in that side's nomination contests. (There is no party registration in Indiana.) But while Rust most recently participated in the 2016 GOP primary, his prior vote was in the 2012 Democratic race. Candidates can get an exemption if their local party chair certifies that they belong to the party, but Jackson County party head Amanda Lowery said last month she wouldn't do this.

Governors

● KY-Gov: Democratic incumbent Andy Beshear has launched his most hard-hitting ad of the race, a spot where a rape survivor condemns Republican Attorney General Daniel Cameron's ardent opposition to abortion rights.  "I was raped by my stepfather after years of sexual abuse," says a woman identified as Hadley. "I was 12."

Hadley continues, "Anyone who believes there should be no exceptions for rape and incest could never understand what it's like to stand in my shoes. This is to you, Daniel Cameron: to tell a 12-year-old girl she must have the baby of her stepfather, who raped her, is unthinkable."

Beshear last month became probably the first statewide candidate to ever air a general election ad attacking the GOP's opposition to abortion rights, and Planned Parenthood has also launched digital ads on the topic. Cameron has defended the state's near-total ban, which has no exemptions for rape or incest, in court and on the campaign trail, telling LEX 18 News in April, "I'm not going to waiver in my position on this and we're going to continue to defend the law as is."

The attorney general seems to have finally recognized that that stance is toxic even in this conservative state, and he declared Monday, "If our legislature was to bring legislation before me that provided exceptions for rape and incest, I would sign that legislation."

Beshear's side quickly made it clear they wouldn't stop attacking his record in office, though. The state Democratic Party posted 2022 footage Tuesday where Cameron celebrated the end of Roe v. Wade by proclaiming, "Abortion is, for all intents and purposes, over here in the commonwealth, with the exemption of life [of the mother]. There is no rape and incest exemption." The governor's campaign debuted this new ad the following day.

● LA-Gov: State Rep. Richard Nelson, who raised little money and barely registered in the polls, announced Wednesday that he was exiting the Oct. 14 all-party primary and endorsing his fellow Republican, far-right Attorney General Jeff Landry. Nelson said last month that he was interested in replacing another now-former GOP rival, Stephen Waguespack, as head of the state's Chamber of Commerce affiliate, but he also acknowledged Wednesday that the group had passed him over.

● UT-Gov, UT-Sen: While former Rep. Jason Chaffetz still hasn't ruled out running for governor or Senate this cycle, the Republican acknowledged to KSL he's likely to remain a Fox News talking head instead. "That's not something I'm planning to do, challenging Gov. [Spencer] Cox is not in my plans," said Chaffetz, adding he's more interested in seeking the governorship in 2028. He also said of a campaign to succeed retiring GOP Sen. Mitt Romney, "I haven't fully closed the door on it, but it's not something I'm actively pursuing."

House

● CA-40: EMILY's List has endorsed Tustin Unified School District trustee Allyson Muñiz Damikolas in the top-two primary to face GOP Rep. Young Kim in an eastern Orange County seat that Joe Biden carried 50-48. Damikolas' only notable intra-party foe is retired Orange County Fire Capt. Joe Kerr, who previously earned endorsements from four Southern California House Democrats: Senate candidates Katie Porter and Adam Schiff, plus Reps. Lou Correa and Mike Levin.

Ballot Measures

● AZ Ballot: A campaign has launched in Arizona to place an amendment on next year's general election ballot to do away with the state's partisan primaries starting in 2026, an effort that comes months after Republican legislators placed their own amendment on the ballot to protect the status quo and ban instant-runoff voting. The Arizona Mirror says that if both amendments won next year, only the one with the most support would take effect.

However, even if voters opted to change how elections are conducted, it still wouldn't be up to voters what system they'd get to use. Axios' Jeremy Duda explains that, while all the candidates would run on one all-party primary ballot, it would be up to the legislature if anywhere between two and five contenders would advance to the general election for races where only one candidate can win.

Instant-runoff voting would be used for the second round of voting if more than two contenders are allowed to move forward, but the GOP's hatred of ranked-choice voting means that this almost certainly wouldn't happen as long as the party maintains its narrow majorities in both chambers. Should the legislature fail to reach an agreement, though, it would be up to the secretary of state―a post currently held by Democrat Adrian Fontes―to make this call.

In order to qualify for the ballot, the campaign must secure about 384,000 valid signatures by July 3. Republican leaders very much hope it fails to hit this target, with state party chair Jeff DeWit ardently condemning the effort.

● OH Ballot: Ohio's Republican-led Supreme Court on Tuesday upheld most of the summary that the conservative Ohio Ballot Board crafted for the Nov. 7 proposed abortion rights amendment to replace the one drawn up by the amendment's backers, including text that substitutes the words "unborn child" in place of "fetus." The actual text of the amendment that would go into the state constitution remains unchanged.

One Republican on the seven-member body, Justice Pat Fischer, sided with the three Democrats to order the Ballot Board to swap the words "state of Ohio" out for "citizens of the state of Ohio" in a passage describing who had the power to limit access to the procedure. However, the summary that will go before voters will still declare that the amendment would "[a]lways allow an unborn child to be aborted at any stage of pregnancy, regardless of viability if, in the treating physician's determination, the abortion is necessary to protect the pregnant woman's life and health."

Mayors & County Leaders

● Manchester, NH Mayor: Republican Jay Ruais and Democrat Kevin Cavanaugh advanced out of Tuesday's nonpartisan primary to the Nov. 7 general election to succeed retiring incumbent Joyce Craig, who is seeking the Democratic nomination for governor, for a two-year term as leader of New Hampshire's largest city. Ruais secured 42% while Cavanaugh, a former state senator who went into the first round with endorsements from Craig and Sen. Maggie Hassan, beat out fellow Democratic Alderman Will Stewart 25-19 for second; a third Democratic alderman, June Trisciani, took the remaining 14% and quickly backed Cavanaugh.

While supporters of Ruais, who is a former congressional staffer, celebrated his first-place finish, at least one prominent Republican strategist noted that the three Democrats outpaced him 58-42. Michael Biundo tweeted that Ruais "will celebrate tonight and he should," but continued, "as someone that has spent a lot of time around Manchester politics, the fact the Democrats got a combined majority is a cautionary tale for the GOP. Lots of work ahead if Manchester is going to move in a better direction."

While Manchester, with a population of just over 110,000, isn't a particularly large city by American standards, its status as one of the few places with a sizable concentration of voters and activists in New Hampshire makes it an enticing place for presidential hopefuls to burnish their profiles—not to mention fill their favor banks. The mayor's office also is an attractive springboard to bigger things, particularly given the dearth of statewide elected positions in New Hampshire (only the governor and its two U.S. senators are elected by the entire state).

Republicans had held the mayor's office for more than a decade prior, but Craig broke their streak in 2017 by unseating incumbent Ted Gatsas. The GOP is now hoping to win this key city back even though Biden carried it by a 56-42 margin, which was the best performance by a Democratic presidential candidate since 1996.

● San Mateo County, CA Board of Supervisors: Former Rep. Jackie Speier unexpectedly announced Tuesday that she would run for an open seat on the San Mateo County Board of Supervisors, the five-member body the Democrat previously served on four decades ago. Speier first won that post in 1980, two years after she survived the 1978 Jonestown cult shooting that murdered her boss, Rep. Leo Ryan, by unseating a 20-year incumbent. She left after she was elected to the state Assembly in 1986, and she'd eventually serve close to 15 years in Congress.

Speier, who retired from the House last cycle, launched her new effort this week by declaring, "The people of District 1 know me, and I know them. I will use the skills I've honed, the relationships I've built, and the experiences I've earned to fix problems our community confronts." She should have a far easier time winning the officially nonpartisan race south of San Francisco than she did in 1980, as the two major contenders, Millbrae Councilmember Gina Papan and Burlingame Councilmember Emily Beach, both dropped out and endorsed her. The nonpartisan primary will be in March, with a November general if no one wins a majority.

P.S. Three of Speier's former House colleagues currently serve on the board of supervisors for other counties in California. Democrat Janice Hahn gave up her seat in 2012 to wage a successful bid in Los Angeles County, while Republican Paul Cook did the same thing in 2020 in San Bernardino County to the east. Another Democrat, Hilda Solis, left the House in 2009 to become U.S. secretary of labor, and she later won the 2014 race to join Hahn on the governing body for America's most populous county, whose five supervisors each represent nearly three times as many constituents as House members do.

This sort of career switch hasn't worked out for every House member, though. In 2014 freshman Democratic Rep. Gloria Negrete McLeod left her safely blue seat to run for the San Bernardino County Board of Supervisors only to lose a tight race to Republican Assemblyman Curt Hagman, and their 2018 rematch went the same way.

Other Races

● Los Angeles, CA City Council: City Councilmember Kevin de León announced Wednesday that he'd seek reelection, a development that comes almost a year after audio surfaced where he and two of his then-colleagues made racist comments about other councilmembers and Los Angeles residents. De León, who defied calls for his resignation from President Joe Biden and other prominent Democrats, told Politico, "I understood in a deeper way the relationship that I had with my community and how that motivates and drives me. That's why I'm still here."

De León, who is a former leader of the state Senate, rose to national prominence in the 2018 cycle when he waged an unsuccessful challenge from the left against Democratic Sen. Dianne Feinstein, but he returned to elected office in 2020 when he won a seat on the 15-member City Council in America's second-largest city.

De León went on to take a distant third place in the 2022 nonpartisan primary for mayor, but he had much bigger concerns a few months later when audio leaked of his 2021 conversation with City Council President Nury Martinez, City Councilman Gil Cedillo, and labor leader Ron Herrera. The quartet discussed how to use City Council redistricting to strengthen Latino representation and weaken their opponents, and Martinez also made bigoted remarks about Jews, Armenian Americans, African Americans, and Oaxacans.

At one point De León was recorded agreeing when Martinez described the Black adopted child of a white colleague, Mike Bonin, as "an accessory," with De León saying Bonin's decision to bring his son to political events was like "when Nury brings her Goyard bag or the Louis Vuitton bag." De León also described Bonin as the council's "fourth Black member," adding, "Mike Bonin won't fucking ever say peep about Latinos. He'll never say a fucking word about us."

The release of the recording turned into a national scandal, and both Martinez and Herrera ended up resigning; Cedillo, who had lost reelection months before, ended up staying until his term ended that December. But De León, who would call his insult about the younger Bonin as "a flippant remark," remained put. He argued to Politico this week that, while he should have called out Martinez and the others during their talk, "The context of our conversation was about redistricting and ensuring equal representation." He continued, "You have to look no further than the maps that were drawn. Are they fully reflective of the demographics of the city? Not really."

De León's many foes, though, aren't accepting any of his apologies or explanations. Two Democratic members of the California Assembly, Miguel Santiago and Wendy Carrillo, said that, while they didn't diverge with the incumbent on policy, he couldn't remain in office. Another contender, tenants rights attorney Ysabel Jurado, meanwhile argued she'd represent a change from the unacceptable status quo in city politics.

All of the candidates will face off on one nonpartisan ballot in March, which is the same day that California holds its federal and state primary, and a November runoff would take place unless someone secures a majority. However, several labor leaders argue to Politico that the incumbent is anything but doomed. "He's out in the community," said one unnamed source, while another said the crowded field could make it tougher to present a united front.

● Where Are They Now?: Heading to the pokey. Former Rep. Steve Buyer, an Indiana Republican who served from 1993 until his 2011 retirement, was sentenced to 22 months in prison Tuesday for insider trading, and the judge ordered him to report to jail in late November.

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Morning Digest: Mitt Romney, facing a difficult path to reelection, won’t run for second term

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● UT-Sen: Republican Sen. Mitt Romney announced on Wednesday that he would not run for reelection next year, bringing to an end a three-decade political career that featured several bids for office but only two victories years apart. Romney's decision creates a wide-open race to succeed him in a deeply conservative state dominated by Republicans but one where critics of Donald Trump, including Romney himself, retain a measure of support.

Romney was born in Detroit in the years immediately after World War II and, as a 15-year-old in 1962, watched his father win election as governor of Michigan. While George Romney would serve three two-year terms and wage an ill-fated bid for the Republican presidential nomination in 1968, Mitt, his youngest son, did not get involved in politics until the early 1990s—and did so in a different state.

The younger Romney had moved to Massachusetts in 1972 to pursue a joint JD/MBA program at Harvard and went on to make his name in the business world, co-founding the private equity firm Bain Capital in 1984. A decade later, he sought to challenge veteran Democratic Sen. Ted Kennedy, hoping that a favorable political climate for Republicans would help him oust the "liberal lion" of the Senate. But despite polls that showed a tight race, Kennedy prevailed by a comfortable 58-41 margin, though it would be the closest contest of his long career.

Romney immediately returned to Bain and was later credited with turning around the financially trouble committee responsible for running the 2002 Winter Olympics in Salt Lake City. Just weeks after the closing ceremonies, though, Romney announced a campaign for governor after acting Gov. Jane Swift, a fellow Republican, dropped her bid for a full term.

While Massachusetts had for many decades seldom sent Republicans to Congress, it had a long tradition of electing them to the governorship; when Romney sought the post, the last time a Democrat had won it was in 1986, when Michael Dukakis secured his third and final term. As he had in his race against Kennedy, Romney campaigned as a moderate and claimed to support abortion rights. (Kennedy had jeered that Romney was not pro-choice but "multiple-choice.") Thanks in part to a large financial advantage—the wealthy Romney self-funded $6 million, a record at the time—he defeated his Democratic opponent, state Treasurer Shannon O'Brien.

The victory was Romney's first, and it also marked the fourth straight gubernatorial win for Massachusetts Republicans. But the streak wouldn't last long for Romney: With more than a year left in his term, he announced he would not seek reelection. The move came ahead of a widely expected campaign for president, which he'd telegraphed by shifting to the right on key issues like abortion.

Romney's metamorphosis left many conservatives unconvinced, however, and he lost the nomination to John McCain, who in turn was beaten by Barack Obama. Four years later, though, true believers failed to rally around a strong alternative and Romney captured the GOP nod, but he, too, lost to Obama. (Romney was reportedly "shellshocked" by the loss despite the incumbent's consistent polling leads.)

Romney later relocated to Utah, where he'd earned his undergraduate degree at Brigham Young and had long maintained a vacation home. But despite declaring he'd been branded a "loser for life" in a documentary about his attempts to win the presidency, he made one last foray into the political arena. Following Sen. Orrin Hatch's retirement, Romney easily won both the GOP primary and general election to succeed him in 2018, making him the first person in 150 years—and just the second ever, after the legendary Sam Houston—to serve as governor and senator in two different states.

While Romney remained a traditional conservative, his Senate tenure was marked by his criticism of Trump. (Hard as it may be to believe now, Trump actually endorsed Romney's initial campaign for Senate.) He made history in 2020 when he became the first senator to vote in favor of convicting a president from his own party at an impeachment trial during Trump's first impeachment, then voted (along with a handful of other Republicans) to convict him again at his second impeachment the next year.

The hatred his apostasies engendered from the MAGA brigades all but ensured he'd face a difficult fight to win renomination had he sought another term. An August poll showed him taking just 44% in a hypothetical primary matchup, a soft showing for an incumbent. It turned out that his 2018 victory would not only be just his second ever but also his last.

In remarks on Wednesday announcing his departure, Romney noted that he'd be in his mid-80s at the end of a second Senate term and said that "it's time for a new generation of leaders." That new generation likely won't look much like the outgoing senator, though it's possible that a split among extremists could see the GOP nominate a relative pragmatist: In the recent special election primary for Utah's 2nd Congressional District, former state Rep. Becky Edwards took a third of the vote despite saying she'd voted for Joe Biden and opposed the overturning of Roe v. Wade.

At the moment, though, the only Republican in the race is Trent Staggs, mayor of the small community of Riverton. Other candidates, however, are already hovering in the wings, so we're likely to see a crowded primary in 2024.

The Downballot

● What do you do if you're associated with one of the biggest election fraud scandals in recent memory? If you're Republican Mark Harris, you try running for office again! On this week's episode of "The Downballot," we revisit the absolutely wild story of Harris' 2018 campaign for Congress, when one of his consultants orchestrated a conspiracy to illegally collect blank absentee ballots from voters and then had his team fill them out before "casting" them. Bipartisan officials wound up tossing the results of this almost-stolen election, but now Harris is back with a new bid for the House—and he won't shut up about his last race, even blaming Democrats for the debacle.

Co-hosts David Nir and David Beard also discuss a late entrant into the race for North Carolina governor; why Republicans are struggling to recruit in Ohio now that they can't gerrymander their congressional map again; how a Freedom Caucus member has bizarrely emerged as a voice of sanity within the GOP—and why it'll likely doom him; Mitt Romney's retirement in Utah; and proposed maps that our Daily Kos Elections colleague Stephen Wolf submitted to the federal court in Alabama that's about to impose new congressional districts.

Subscribe to "The Downballot" on Apple Podcasts to make sure you never miss a show—new episodes every Thursday! You'll find a transcript of this week's episode right here by noon Eastern time.

Senate

● MI-Sen: Wealthy businessman John Tuttle, who's the vice chair of the New York Stock Exchange, has declared that he won't run for the GOP nomination next year. Tuttle's announcement leaves former Rep. Mike Rogers as the only major candidate in the primary so far, though some other big GOP names are still considering the open seat contest.

● WI-Sen: Trempealeau County Board Supervisor Stacey Klein has filed paperwork to run as a Republican and said she would officially kick off her campaign on Saturday. Klein, who first won her board seat in April 2022, hails from a county that is home to less than 1% of Wisconsin's population, but her entry nonetheless makes her the most prominent GOP candidate so far in a longtime swing state where Republicans have struggled to land a major candidate to take on Democratic Sen. Tammy Baldwin.

Governors

● DE-Gov: Term-limited Gov. John Carney has endorsed Lt. Gov. Bethany Hall-Long just one day after his fellow Democrat announced she was running to succeed him next year. Both Democrats are currently serving their second terms (governors and lieutenant governors are elected separately in Delaware), and Hall-Long faces a primary against New Castle County Executive Matt Meyer, whose county contains 58% of the state's population.

● IN-Gov: The far-right Club for Growth has endorsed Republican Sen. Mike Braun in his primary to succeed term-limited Gov. Eric Holcomb. Braun, who previously won the Club's endorsement during his competitive initial primary for Senate in 2018, faces a crowded GOP field for governor that includes Lt. Gov. Susanne Crouch, former state Commerce Secretary Brad Chambers, former Indiana Economic Development Corporation president Eric Doden, and former state Attorney General Curtis Hill.

House

● AR-03: Republican Rep. Steve Womack announced that he'll seek another term representing his safely red seat in northwestern Arkansas, which he first won in 2010. Although Womack himself is solidly conservative, he had nonetheless recognized Joe Biden's 2020 victory and had previously told the Washington Post that he had been considering retirement due to dissatisfaction with GOP leadership caving to far-right hardliners, though he's never had any trouble winning renomination before.

● OH-13: Former state GOP chairwoman Jane Timken, who unsuccessfully competed in her party's 2022 primary for Senate, announced Wednesday that she wouldn't run for the 13th District next year. Timken's decision comes just a week after the state Supreme Court granted a request by plaintiffs to dismiss their legal challenges against the GOP's current gerrymander, which ensured that Republicans won't get a chance to draw an even more extreme map for 2024 that could have targeted freshman Democratic Rep. Emilia Sykes in this 51-48 Biden seat in Akron.

Ballot Measures

● OH Ballot: Ohioans United for Reproductive Rights, which is supporting November's ballot initiative that would enshrine reproductive rights in the state constitution, has launched their first TV ad buy for $687,000 over the next week. The new spot argues that the government shouldn't be making difficult reproductive healthcare choices for Ohioans and that voting yes on Issue 1 would "end Ohio's extreme abortion ban," which has "no exceptions for rape or incest." It also emphasizes that the amendment would protect access to birth control and emergency care for miscarriages.

Legislatures

● NY State Assembly: Democrat Sam Berger won Tuesday's special election to fill a Democratic-held seat in Queens by a 55-45 spread against Republican David Hirsch. This district contains large Asian American and Orthodox Jewish populations, two demographics that Democrats have lost some ground with in recent years in New York City, and some had feared that Republican Lee Zeldin's 56-44 win over Democratic Gov. Kathy Hochul here last year was a warning sign of things to come.

However, Berger enjoyed a large fundraising advantage and nearly matched Joe Biden's 56-43 victory in the district. Assembly Democrats will retain a 102-48 supermajority once he's sworn in, which will make the 25-year-older Berger the chamber's youngest member.

Morning Digest: It’s groundhog day for Republicans in Punxsutawney Phil’s home state

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● PA-Sen: The Associated Press' Brian Slodysko reported Monday that the Senate GOP's top choice to run in Pennsylvania, former hedge fund manager David McCormick, lives in a $16 million Connecticut mansion that "features a 1,500-bottle wine cellar, an elevator and a 'private waterfront resort' overlooking Long Island Sound."

McCormick listed the rented property in Westport, which is in the heart of the Nutmeg State's affluent "Gold Coast" region, as his address on both a January document selling his $13.4 million Manhattan condo and a March campaign contribution. Slodysko notes that McCormick's children also attend private school in Connecticut. The story further observes that McCormick carried out virtual interviews earlier this year from his New England mansion, a fact the reporter was able to ascertain because "[d]istinguishing features in the background match pictures that were posted publicly before the McCormicks moved in."

That last detail may give the GOP some unwelcome déjà vu after the disastrous candidacy of Mehmet Oz, who lost last year's race for Pennsylvania's other Senate seat from his own mansion in New Jersey. Oz, after narrowly defeating none other than McCormick by 950 votes in the GOP primary, even filmed some of ads from his palatial home overlooking the Manhattan skyline—a blunder that Democrat John Fetterman's campaign discovered and blasted out far and wide.

Fetterman was able to identify the location of his opponent's shoot because People magazine had helpfully profiled the house a few years earlier, complete with a six-minute video revealing distinctive decorative elements—including a candlestick—similarly found peeking out from behind Oz.

McCormick, unlike Oz, actually grew up in Pennsylvania, but he lived in Connecticut from 2009 until he sold a different mansion there in late 2021 ahead of his first campaign. The candidate, who purchased a home in Pittsburgh, argued at the time he'd never really left behind his native state and pointed to his continued ownership of his family's Christmas tree farm in Bloomsburg as evidence.

McCormick, whose 2022 primary vote for himself marked the first time in 16 years that he'd cast a ballot in the Keystone State, sought to play up his Pennsylvania roots even after his tight loss to Oz. "We're not going anywhere," he insisted. "This is my home." Political observers immediately began to speculate that he could challenge Sen. Bob Casey in 2024, an idea that delighted the GOP establishment. But McCormick has played coy all year: NRSC chair Steve Daines, according to The Dispatch, joked to a room full of donors this spring that they should "beg" him to run.

The once and perhaps future candidate, for his part, declared in March, "People want to know that the person that they're voting for 'gets it.' And part of 'getting it' is understanding that you just didn't come in yesterday." A spokesperson told Slodysko that McCormick "maintains a residence in Connecticut as his daughters finish high school" but his "home is in Pittsburgh."

McCormick's team, however, declined to answer questions about how much of his time he spends in Connecticut. It's also not clear how long he's occupied the Westport mansion, though Slodysko writes that it went off the market in January of last year, at about the same time that McCormick was selling his other property in the state.

Both parties have long expected McCormick to take on Casey, though multiple Republicans recently indicated to the Philadelphia Inquirer that they didn't think he'd made up his mind. "I was told he stuck his toe in the Atlantic Ocean and the temperature's not where he needs it to be right now," said one party official, adding, "I think at some point, we will just go ahead and plunge in, but I dunno when that day will be." (You can't actually tip your toe into the Atlantic from anywhere in Pennsylvania―but you sure can off the Gold Coast.) If McCormick does surprise everyone and sits out the race, it's not clear who, if anyone, the NRSC has in mind as a backup option.

P.S. McCormick may have one other argument he can use to defend his Keystone State bona fides that Oz couldn't use. "There are parts of Northern PA that were claimed by Connecticut at the time of the nation's founding," snarked Willamette University history professor Seth Cotlar, "so maybe McCormick is claiming PA residence on originalist grounds?"

Senate

● NJ-Sen: Politico's Matt Friedman writes that, despite the ongoing federal investigation into Democratic Sen. Robert Menendez, no serious intra-party foes are anywhere in sight. Indeed, Friedman says that the one and only Democrat "who was willing to say anything that Menendez could possibly construe as disloyal" was former Sen. Bob Torricelli, and Torricelli (who himself left office in disgrace two decades ago) has made it clear he's done running for office.

● UT-Sen: Former Rep. Jason Chaffetz tells the National Journal's Sydney Kashiwagi that he remains interested in running for the Senate seat held by fellow Republican Mitt Romney, and he adds that he's likely to make up his mind in the fall. Romney himself said last month that he'd also "wait 'til the fall" before deciding whether to seek a second term.

Governors

● WA-Gov: The state GOP chose state Rep. Jim Walsh as its new chairman on Saturday, a move that likely means he won't run for governor next year. Walsh, who had to apologize in 2021 for comparing COVID mitigation policies to the Holocaust, initially expressed interest in seeking the governorship right after Democratic incumbent Jay Inslee announced his retirement in May, but he doesn't appear to have said anything publicly about running since then. Walsh told the Seattle Times over the weekend that he wasn't even sure if he'd seek reelection to the state House, though he said he was "inclined to."

House

● AZ-03: Duane Wooten, a pediatrician who has been quoted by the local news concerning medical issues, tells the Arizona Republic he's filed FEC paperwork for this safely blue open seat and anticipates joining the Democratic primary later in the month.

● CA-41: The prominent labor group SEIU California has endorsed former federal prosecutor Will Rollins, a Democrat who faces only a few underfunded intra-party foes as he seeks a rematch against Republican Rep. Ken Calvert.

● FL Redistricting, FL-05: Plaintiffs challenging Florida's GOP-drawn congressional map before a state court reached an agreement with defendants on Friday to narrow their claims to just a single seat in the northern part of the state, dropping arguments concerning several other districts.

As a result of that deal, the case will now focus solely on whether Republicans violated the state constitution's prohibition on diminishing the ability of racial or language minorities to elect their preferred candidates when they dismantled the 5th District in redrawing Florida's map last year. That district, which was created in 2016 in response to a previous round of litigation, was home to a 46% Black plurality and elected Al Lawson, a Black Democrat, three times in a row.

But after Republicans sliced the 5th down the middle to wring out a new, solidly red seat in north Florida, Lawson was left with the choice of either retiring or running in the revamped 2nd District, which contained his Tallahassee base. That district, though, was home to a 63% white majority and would have voted for Donald Trump by a 55-44 margin. It also was home to GOP Rep. Neal Dunn, though Lawson forged ahead nonetheless, losing in a 60-40 landslide.

That reality, however, seems to have informed the new agreement between the parties. In exchange for plaintiffs consenting to limit the scope of the case, defendants stipulated that "none of the enacted districts in North Florida are districts in which Black voters have the ability to elect their preferred candidates." That admission should boost plaintiffs' chances of success when the case proceeds to trial, which both sides have asked take place on Aug. 24.

In response to the development, Lawson told Politico that he said he'd consider a comeback if a version of his old district were restored. "It's almost like they have no representation there," Lawson said, relaying the concerns of former constituents who've said their pleas for assistance from Republican members of Congress have gone unheeded.

Disappointed Democrats in the rest of the state, however, may not get a shot at redemption. The plaintiffs, who are backed by national Democrats, had also alleged that a large number of districts ran afoul of the state constitution's ban on partisan gerrymandering, including not just the 5th but also the 4th, 7th, 10th, 11th, 13th, 14th, 15th, 26th, and 27th.

Those claims have now been abandoned, though it's conceivable different plaintiffs could raise them in a new suit. Given the sharp right turn Florida's Supreme Court has taken in recent years—five of its seven members were appointed by Republican Gov. Ron DeSantis—it's likely that the plaintiffs in the present suit believed their best hope lies in focusing on the 5th District and dispensing with their partisan gerrymandering arguments.

● GA-13: The Atlanta-Journal Constitution reports that "rumors persist" that Atlanta City Councilmember Keisha Waites will seek a rematch with veteran Rep. David Scott after falling short in the 2020 Democratic primary in 2020, and Waites herself did nothing to dispel the chatter.

While saying that she had nothing to announce at the moment, Waites highlighted concerns from fellow Democrats about the 78-year-old Scott's ability to effectively do his job. "The point of sending our representatives to Washington is to be our voice," Waites argued, "and if their capacity is limited due to illness or whatever the case may be, I think it puts us at a disservice." Scott recently reaffirmed that, despite rumors to the contrary, he'll seek reelection. "Age happens," he declared. "As long I'm doing the job, I'm going to do it."

Waites previously served in the state House from 2012 until she resigned to wage a failed 2017 bid for chair of the Fulton County Commission, and she was out of office when she joined the 2020 primary to take on Scott. She raised virtually nothing in her bid to beat one of the more conservative Democrats in the chamber and lost 53-25, though she came unexpectedly close to forcing Scott into a runoff. She had better luck the following year when she won an at-large seat on the Atlanta City Council, but only about 700 of Scott's constituents live within the city limits.

● IN-06, IN-LG: GOP Rep. Greg Pence tells The Republic that he plans to file for reelection in his reliably conservative seat, though he doesn't appear to have addressed the possibility that he could instead serve as Lt. Gov. Suzanne Crouch's running mate should she win the Republican primary for governor. Nominees for lieutenant governor are chosen by convention delegates rather than primary voters a month or more after the primary, so it's possible Pence could hedge his bets and simultaneously run for Congress and statewide office.

● MD-03, MD-Sen: While Democratic Rep. John Sarbanes raised all of $15,000 during the first six months of the year, Maryland Matters writes that the nine-term congressman "says he isn't going anywhere."

There's no direct quote from Sarbanes announcing that he'll seek reelection in his safely blue seat, though the incumbent said, "I always come off each cycle looking forward to the next campaign." He added of his meager fundraising, "I typically give my individual supporters a break to catch their breath. I think the constant barrage of fundraising appeals do wear them out." Sarbanes, who is the son of the late Sen. Paul Sarbanes, also revealed he won't join the race for Maryland's open Senate seat or run for the upper chamber at any point in the future. "I decided a few years back that was something that I wasn't drawn to," said the congressman.

● MT-02, MT-Sen: Two Republicans, Auditor Troy Downing and Superintendent of Public Instruction Elsie Arntzen, announced Monday that they were forming exploratory committees in case Rep. Matt Rosendale decides to take on Democratic Sen. Jon Tester, though both said they have no wish to challenge the incumbent in this dark red seat should he instead seek reelection.

Downing, who took third place against Rosendale in the 2018 Senate primary, praised his former rival to KURL and added, "If Congressman Rosendale decides to pursue the US Senate seat, I will discuss with my family and prayerful consideration running for the second congressional district." Arntzen, meanwhile, would be the first woman to represent Montana in Congress since the trailblazing  Jeannette Rankin, who was herself the first woman ever elected to Congress in 1916 and voted against involving America in both world wars during her two nonconsecutive terms. She went further than Downing and made it clear she'd endorse a Rosendale reelection bid.

Pluribus News also takes a look at the many other Republicans who are waiting to see whether Rosendale will give up his eastern Montana constituency, though per our usual practice, we'll wait to see whether he seeks a promotion before running down the potential field to succeed him. But we may be waiting a while longer to see if the congressman will defy Senate GOP leaders, who have consolidated behind wealthy businessman Tim Sheehy. "Montana voters will make their decision over the next few months over who will replace" Tester, a Rosendale spokesperson told KURL, "not Mitch McConnell and the DC cartel."

● NH-01: 2022 GOP nominee Karoline Leavitt dispelled whatever talk there was about a rematch against Democratic Rep. Chris Pappas Monday, saying, "I have decided not to put my name on the ballot in the next election." Leavitt, a Big Lie spreader who now works for a pro-Trump super PAC, lost that campaign 54-46.

● RI-01: EMILY's List and its allies at Elect Democratic Women are spending $400,000 on a TV buy to support Lt. Gov. Sabina Matos, whom WPRI says doesn't have the resources to air her own spots ahead of the Sept. 5 special Democratic primary. The spot, which comes a week after the Congressional Hispanic Caucus BOLD PAC deployed $300,000 on its own pro-Matos ad campaign, touts her record on reproductive rights.

Businessman Don Carlson, meanwhile, is airing his own commercial that begins with footage of gunshots and the sounds of people panicking during a shooting, both of which the on-screen text says are dramatizations. Carlson, whose daughter spent the night in lockdown after a man fired gunshots into a hallway at Colby College (only the shooter was injured), tells the audience, "That was the scene at my daughter's college a few months ago. We were lucky that night, but no parent should ever have to wait by the phone to find out if their child was a victim of gun violence."

● VA-07: Two Republicans who served in different branches of the armed forces, retired Marine Jon Myers and Navy SEAL veteran Cameron Hamilton, have each filed FEC paperwork for the seat that Democratic Rep. Abigail Spanberger reportedly plans to retire from. Myers' site says he's raising money for an "exploratory committee," while we're still waiting to hear directly from Hamilton.

● WA-03: The Washington Republican Party on Saturday endorsed election conspiracy theorist Joe Kent in his bid for a rematch against freshman Democratic Rep. Marie Gluesenkamp Perez, despite the mess Kent unleashed less than a year ago. Kent's extremism, which included his belief that the Jan. 6 rioters were "political prisoners," helped Gluesenkamp Perez pull off a 50.1-49.9 upset in a southwestern Washington seat that Trump took 51-47 in 2020. That win helped ensure that House Democrats now represent every district that touches the Pacific Ocean, a feat they hadn't accomplished since before Washington became a state in 1889.

GOP donors so far don't seem happy with the idea of a second Kent campaign, but they're also not rallying behind his only notable intra-party foe. Kent outraised Camas City Councilmember Leslie Lewallen $185,000 to $135,000 during the second quarter of 2023, and he finished June with a $371,000 to $124,000 cash-on-hand advantage. There was briefly some chatter last year that Tiffany Smiley, who was the party's Senate nominee last year, could run, but the Northwest Progressive Institute says she's backing Lewallen. Gluesenkamp Perez, for her part, hauled in $665,000 during the last quarter and had $1.2 million banked to defend herself.

Judges

● WI Supreme Court: Assembly Speaker Robin Vos warned in a new interview with WSAU on Friday that Wisconsin's Republican-run legislature might impeach Justice Janet Protasiewicz, the newest member of the Wisconsin Supreme Court, if she does not recuse herself from cases where "she has prejudged" the dispute.

Vos specifically objected to Protasiewicz's condemnation of the state's GOP-drawn legislative district as "rigged" on the campaign trail earlier this year. Those districts are now the subject of a new lawsuit filed by voting rights advocates. But lawmakers, Vos said, might seek to remove Protasiewicz from office because "she bought into the argument" that Republicans have been successful at the ballot box due to gerrymandering, "not the quality of our candidates," according to the Milwaukee Journal Sentinel's Molly Beck.

Republicans can easily make good on these threats, at least in terms of raw numbers. It only takes a simple majority in the Assembly to impeach, and thanks to those gerrymandered maps, Republicans have the necessary two-thirds supermajority to secure Protasiewicz's removal in the state Senate. The greater worry, though, is that Republicans simply stall.

If Protasiewicz were to actually be removed from her post, Democratic Gov. Tony Evers would be able to appoint a replacement. However, the act of impeaching a state official strips them of their powers until a trial can be held. Republicans could therefore try to indefinitely delay a trial, to keep the court divided between three conservatives and the remaining three liberals.

But as state law expert Quinn Yeargain explains in a detailed post at Guaranteed Republics, the state legislature might not actually have the power to impeach a Supreme Court justice. He also points out that any attempt to slow-walk an impeachment trial could run afoul of the state constitution, saying that in such a scenario, Protasiewicz could sue to demand that the Senate take action.

Ballot Measures

● OH Ballot: Activists in Ohio have begun collecting signatures to place an amendment on next year's ballot that would establish an independent commission to draw election maps in place of the state's current GOP-dominated redistricting board, WOSU's George Shillcock reports. Organizers must first gather 1,000 voter signatures and submit their petition to state officials for their approval before they can amass the 413,487 total signatures they need to put their measure before voters in 2024.

The proposal would create a 15-member panel made up of five Democrats, five Republicans, and five independents, with a ban on politicians or lobbyists serving. The commission would be prohibited from taking incumbents' residency into account and would be required to draw congressional and legislative maps that closely reflect the statewide partisan preferences of Ohio voters. (In light of a similar provision in Ohio's current constitution, the parties in redistricting litigation last year agreed that Republican candidates had, on average, won 54% of the two-party vote in statewide elections over the previous decade while Democrats had won 46%.)

State Legislatures

● NJ State Senate: A long chapter in New Jersey politics is coming to a close following Monday's retirement announcement from Democratic state Sen. Richard Codey, whose record 50 years in the legislature includes the 14 months he spent as acting governor from 2004 to 2006.

  • Popular, but not where it counted. Codey became acting governor in 2004 after incumbent Jim McGreevey announced he would resign over an affair with an aide. But while Codey's high approval numbers would have made him the favorite to win a full term the next year in almost any other state, powerful party leaders mobilized behind wealthy Sen. Jon Corzine.
  • From governor to backbencher. Codey had the honor of being designated the state's full governor at the end of his tenure, but entrenched powerbrokers like George Norcross spent 2009 preparing a successful coup to give the state Senate's top job to Steve Sweeney.
  • Not one to "back off from a fight." Codey nonetheless remained in the state Senate for 14 years, and he got to witness almost all of his major intra-party foes, including Corzine and Norcross, lose elections and influence. Codey himself won his final contest months ago by beating a colleague for renomination.

Find out much more about Codey's long career―as well as about a surprising potential comeback from one crucial player in his story―in our writeup.

Morning Digest: Father of anti-trans ‘bathroom bill’ joins race for North Carolina attorney general

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

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Leading Off

● NC-AG, NC-08: Far-right Rep. Dan Bishop, an election denier who rose to prominence after spearheading North Carolina's transphobic "bathroom bill" in 2016 while in the state Senate, announced Thursday that he'd run for state attorney general next year. The congressman quickly earned an endorsement from the well-funded Club for Growth for his bid to become the first Republican to hold this office since 1975, though he currently faces former state Rep. Tom Murry in the primary.

Bishop, however, may not be the only sitting congressman who ends up running to succeed incumbent Josh Stein, the Democratic frontrunner in next year's race for governor. The very same day, Democratic Rep. Jeff Jackson declined to rule out a bid of his own. Jackson told the News & Observer's Danielle Battaglia that he'd only start thinking about a campaign after the state's Republican-run legislature passes a new congressional map sometime this fall, which could leave the freshman without a seat he can win.

Jackson, however, was quick to make clear how he'd go after Bishop. "I did hear his announcement," he said, "and as a prosecutor, I don't think that anyone who supported overturning an election should be talking about law and order." The Democratic field currently consists of Marine veteran Tim Dunn and Navy Reserve veteran Charles Ingram, but both reported having minimal cash stockpiles at the end of June.

Bishop did indeed vote to overturn Joe Biden's win in the hours following the Jan. 6 assault on the Capitol, a move the congressman justified by echoing Donald Trump's lies about mail-in votes. "In the 2020 election, the national Democratic Party carried out a highly coordinated, massively financed, nationwide campaign to displace state regulation of absentee ballots by means of a flood of election-year litigation," Bishop wrote just before the riot, and he's continued to spread the Big Lie since then. The congressman fired off an evidence-free tweet last year claiming that Jack Dorsey "and Twitter put their thumb on the scale in the last election to help Biden." (Unsurprisingly, Bishop has a far more favorable view of that site's new owner.)

Before Bishop devoted himself to enabling conservative extremists in Washington, D.C., he was a state lawmaker who indirectly helped cost the GOP the governorship in 2016. That year, Republican Gov. Pat McCrory signed the Bishop-crafted House Bill 2, which required anyone using bathrooms at schools or public facilities to use the restroom associated with the sex on their birth certificate, regardless of their gender identity. That legislation sparked a national backlash that led several major corporations to cancel planned expansions in the state, and voters responded by narrowly booting McCrory in favor of then-Attorney General Roy Cooper.

Bishop's career, though, survived and thrived even after Cooper signed a law rolling back HB 2. The state senator unexpectedly got the chance to run for Congress in what was then numbered the 9th District in 2019 after the results of the previous year's election were voided because of election fraud carried out to assist Republican nominee Mark Harris. Bishop decisively won the primary and went on to narrowly defeat 2018 Democratic nominee Dan McCready 51-49 after an expensive campaign for a gerrymandered constituency that Trump had taken 54-43 in 2016.

But despite that underwhelming victory, as well as a new court-supervised map that made the 9th District a shade bluer, Bishop turned in an easy 2020 win in a contest that national Democrats didn't target. His constituency was soon renumbered the 8th District following the 2020 census and became safely red turf that Bishop had no trouble holding last year. The congressman then used the first days of the new Congress to cast 11 straight votes against making Kevin McCarthy speaker, but he eventually flipped; McCarthy rewarded Bishop afterward with a spot on the GOP's Orwellian-named "Weaponization of the Federal Government" subcommittee.

Republican legislators were recently given the green light to once again gerrymander to their hearts' content after the newly conservative state Supreme Court overturned a ruling by the court's previously Democratic majority that had banned the practice. They'll likely draw up another safe seat to replace the one Bishop currently represents, and there's already chatter about who could run to replace him.

An unnamed source tells the National Journal's James Downs that Harris and Dan Barry, who took a distant fifth in the 2012 primary for the 9th District several maps ago, are "names to watch." Harris chose not to run in the 2019 special election that Bishop ultimately won, but while the consultant responsible for the fraud that wrecked his campaign went to prison, Wake County District Attorney Lorrin Freeman announced the following year that she wouldn't charge the candidate as part of her probe.

P.S. While Bishop would be the first Republican to serve as attorney general in 50 years, the last member of his party to actually win this office was Zeb Walser all the way back in 1896. Republicans last held the attorney general's office in 1974 when GOP Gov. James Holshouser appointed James Carson to fill a vacancy, though Carson lost the ensuing special election a few months later to Democrat Rufus Edmisten.

Senate

● AZ-Sen: Noble Predictive Insights, which until recently was known as OH Predictive Insights, has released a poll that finds Democratic Rep. Ruben Gallego leading in six different general election scenarios:

  • Rep. Ruben Gallego (D): 33, Pinal County Sheriff Mark Lamb (R): 25, Kyrsten Sinema (I-inc): 24
  • Gallego (D): 40, Lamb (R): 36
  • Gallego (D): 32, Sinema (I-inc): 28, 2022 Senate nominee Blake Masters (R): 24
  • Gallego (D): 44, Masters (R): 36
  • Gallego (D): 34, Sinema (I-inc): 26, 2022 gubernatorial nominee Kari Lake (R): 25
  • Gallego (D): 45, Lake (R): 35

Gallego and Lamb are the only notable candidates who have announced they're running. NPI, which sometimes does work on behalf of GOP groups, is the very first poll we've seen from anyone since April.

● ND-Sen: Republican Sen. Kevin Cramer told KUMV this week that he hasn't decided whether he'll seek reelection, though the incumbent sounds like he's leaning strongly towards another campaign. "A second term for me would mean greater clout, probably a chairmanship as well," Cramer said. "Seniority matters in the Senate. That's where my thinking is today without telling you exactly what I intend to do. I guess I would be surprised if I decided not to run for reelection." The senator does not appear to have indicated what factors would push him toward retirement.

● WV-Sen: The Washington Post reports that Democratic Sen. Joe Manchin has asked Senate Majority Leader Chuck Schumer to direct money towards positive ads "to help prop up his poll numbers before he decides whether he'll run," but Manchin won't use his own $10.8 million war chest for this purpose because he "doesn't want to spark speculation that he's running for reelection by making an ad buy to boost his image." The Democratic group Duty and Honor did run commercials in the spring to counter a GOP offensive to damage the incumbent, but the paper says that Schumer doesn't want to make a big investment here before he knows if Manchin will actually run again.

Governors

● MS-Gov: Republican incumbent Tate Reeves seems to agree with Democrats that the state's $77 million welfare funds scandal could hurt him even in this red state because he's already up with a response spot two days after Public Service Commissioner Brandon Presley launched his first commercial on the topic. The challenger may not mind too much, though, because Reeves' ad makers adopt the dubious strategy of repeating some of the very attacks Presley is leveling against him.

"Have you seen this ad attacking our governor, Tate Reeves?" asks the narrator as footage fills the screen of Presley's earlier piece, complete with on-screen text reading, "REEVES … PLAGUED BY WELFARE FRAUD SCANDAL." Reeves' narrator isn't happy, saying, "Tate Reeves had nothing to do with the scandal … it all happened before he was governor." It's rarely a good move to put your candidate's name in the same sentence as "scandal," but Presley's team is also disputing the idea that Reeves isn't to blame for something that occurred while he occupied the powerful lieutenant governor's office.

"[T]he reality is Tate Reeves used to brag about his watchdog responsibilities and overseeing the state budget," the campaign said in a statement, which included a quote from a 2019 ad where Reeves proclaimed he was "managing the government's money like it's your money―because it is."

● WA-Gov: Richland School Board member Semi Bird on Thursday pledged to continue his campaign for governor two days after the Republican appears to have lost a recall election along with two colleagues. The trio voted in February of 2022 to defy the state's COVID protocols and make it optional to wear masks in local public schools; school was canceled for two days as a result, and the group ultimately backed down.

Bird hasn't gained much traction ahead of a top-two primary contest where former Rep. Dave Reichert appears to be the GOP frontrunner, but he's hoping his likely ouster will change that. (The state is still counting ballots, but the pro-recall "yes" side was ahead 56-44 in Bird's race as of Thursday; the results were similar in the other two contests.) "The teachers unions and leftest activists may have won the recall battle, pouring 10's of thousands of dollars into the effort," Bird wrote Thursday in a fundraising email, "but when the people of Washington send me to Olympia, we will win the war."

House

● DE-AL: EMILY's List on Thursday endorsed state Sen. Sarah McBride in the Democratic primary for this statewide seat, declaring that it "was proud to support McBride when she made history in 2020 as the first openly transgender state senator in the country — and we are thrilled to once again help her make history and become the first openly transgender member of Congress."

● NC-??: State House Speaker Tim Moore announced last month that he will not seek another term leading the chamber after the 2024 elections, and he and his team are continuing to evade questions about whether he'd run for the U.S. House after his party passes a new gerrymander. Political advisor Paul Shumaker told the News & Observer, "We don't know what the maps are going to look like. We have all this speculation." Shumaker added that his client could also go into the private sector.

● PA-01: Anti-abortion activist Mark Houck announced Wednesday that he'd run to deny renomination to Republican Rep. Brian Fitzpatrick in this competitive suburban Philadelphia seat, a declaration that comes months after he was found not guilty of allegedly violating a federal law designed to protect abortion clinics. Houck became a conservative celebrity in the leadup to that January trial, where he was accused of intimidation by twice shoving a 72-year-old Planned Parenthood volunteer in 2021; Houck never denied he'd done this, though he successfully claimed that he'd only become violent after his son was insulted.

Houck launched his campaign by telling the far-right website The Church Militant, "We're running to protect the rights of families and defend traditional family values in our district. Unfortunately, Brian doesn't represent that." Fitzpatrick, who has made a name for himself as a pragmatist, has always run well ahead of the top of the ticket during his four campaigns, and Democrats would be delighted if Houck gave him a hard time in this 52-47 Biden seat. The well-funded congressman turned back a little-known primary foe 66-34 last cycle before pulling off a 55-45 victory against Ashley Ehasz, a Democrat who is running again.

● TX-28: Conservative Rep. Henry Cuellar on Thursday unveiled endorsements from House Minority Leader Hakeem Jeffries and the rest of the chamber's Democratic leadership, as well as Speaker Emerita Nancy Pelosi, in what's likely a move to deter another primary challenge from the left. Cuellar narrowly fended off immigration attorney Jessica Cisneros in 2020 and 2022, and her former spokesperson told the Texas Tribune back in March that she hadn't ruled out a third try. The Lone Star State's downballot filing deadline is Dec. 11, which is one of the earliest in the nation.

Attorneys General

● TX-AG: Thursday finally brought some action concerning Republican Attorney General Ken Paxton's long-stalled trial for securities fraud, with a state judge agreeing to a request from both prosecutors and the defense to delay scheduling anything until Paxton's separate impeachment trial concludes sometime next month. Both sides agreed that Paxton would be more likely to try to reach a deal concerning the eight-year-old security fraud indictment if two-thirds of the state Senate votes to remove him from office, with one of his attorneys explaining that this outcome would be "a kill shot to his political career, so it opens the door to a resolution that’s not open right now."

Ballot Measures

● OH Ballot: A GOP consultant tells cleveland.com that groups looking to beat Issue 1, which would make it much harder to amend the state constitution, have added $2.5 million to their media buys for the final days of the Aug. 8 special election. The story says the conservative pro "yes" side enjoys a small $5.9 million to $5.3 million edge in ad spending for the last week of the race: The GOP firm Medium Buying also tweets that the "no" side has outspent its rivals $12.2 million to $9.7 million on TV and radio for the entire campaign.

Meanwhile, organizers seeking to place a statutory initiative on the November ballot to legalize recreational marijuana say they've submitted 6,500 additional signatures to the secretary of state, and they only need about 10% of them to be valid in order to qualify: The campaign fell just 679 petitions shy of the 124,000 minimum last month, but state law granted them 10 extra days to make up the shortfall.

Because this proposal would not amend the constitution, it would only need to win a majority no matter how the Issue 1 fight ends next week. Issue 1 would also not eliminate the 10-day grace period for statutory initiatives like this, though it would end this rule for future constitutional amendments. Polling from Civiqs shows that two-thirds of Ohio voters believe "the use of cannabis should be legal."

Morning Digest: Why this Nebraska district will host an even bigger barn-burner in ’24

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

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Leading Off

● NE-02: Democratic state Sen. Tony Vargas announced Wednesday that he'd seek a rematch against Rep. Don Bacon, the Republican who beat him 51-49 in last year's expensive campaign for Nebraska's 2nd District. Vargas, who is the son of immigrants from Peru, would be the first Latino to represent the Cornhusker State in Congress. He currently faces no serious intra-party opposition as he seeks to avenge his 2022 defeat, and unnamed Democratic sources also the Nebraska Examiner they don't expect that to change.

This constituency, which includes Omaha and several of its suburbs, favored Joe Biden 52-46, but the four-term Republican has been tough to dislodge. Vargas and his allies ran ads last year emphasizing Bacon's supports for a bill banning abortion nationally after 15 weeks, something the congressman tried to pass off as a moderate option. The GOP, meanwhile, hit back with commercials accusing Vargas of voting "to release violent prisoners." Vargas, who favored bipartisan legislation that would have made prisoners eligible for parole after two years instead of halfway through their term, responded by stressing his support for law enforcement, but it wasn't enough.

Bacon's profile has risen nationally since that tight win, and he's emerged as one of Speaker Kevin McCarthy's most outspoken allies. The Nebraskan made news during the speakership vote when he suggested that members of both parties could unite behind one candidate as a "last resort," arguing that such an outcome would be the fault of "six or seven" far-right Republicans. Bacon has continued to denounce his colleagues in the Freedom Caucus, but while he continues to muse, "I'm of the position that at some point we gotta just do coalition government with the Democrats and cut these guys out," he's yet to take any obvious action to actually make that happen.

A few other things will be different for the 2024 cycle. Vargas' Republican colleagues in the officially nonpartisan legislature passed a bill in May banning abortion after 12 weeks. Vargas, who opposed the measure, used his kickoff to emphasize how he'd "work to protect abortion rights" in Congress. But rather than try to downplay the issue, as many other Republicans have, Bacon has responded by claiming that Vargas "wants zero restrictions" on the procedure. (Vargas argued last year that "elected officials like me should be playing absolutely no role" over women's health decisions.)

The presidential election could also complicate things, especially since Nebraska, along with Maine, is one of just two states that awards an electoral vote to the winner of each congressional district. Bacon ran well ahead of the top of the ticket in 2020 and prevailed 51-46 even as Donald Trump was losing the 2nd 52-46 (the presidential numbers were the same under both the old and new congressional maps thanks to GOP gerrymandering), but Democrats are hoping that he'll have a much tougher time winning over ticket-splitters next year.

2Q Fundraising

The second fundraising quarter of the year, covering the period of Apr. 1 through June 30, has come to an end, and federal candidates will have to file campaign finance reports with the FEC by July 15. But as per usual, campaigns with hauls they're eager to tout are leaking numbers early, which we've gathered below.

  • CA-Sen: Adam Schiff (D): $8.1 million raised
  • MD-Sen: Angela Alsobrooks (D): $1.6 million raised (in seven weeks), $1.25 million cash on hand
  • MO-Sen: Lucas Kunce (D): $1.2 million raised
  • PA-Sen: Bob Casey (D-inc): $4 million raised
  • TX-Sen: Colin Allred (D): $6.2 million raised (in two months)
  • WI-Sen: Tammy Baldwin (D-inc): $3.2 million raised
  • CA-47: Scott Baugh (R): $545,000 raised, $1 million cash on hand
  • NY-22: Sarah Klee Hood (D): $319,000 raised (in 10 weeks), $221,000 cash on hand
  • RI-01: Don Carlson (D): $312,000 raised, additional $600,000 self-funded, $750,000 cash on hand
  • TX-32: Julie Johnson (D): $410,000 raised (in 11 days), Brian Williams (D): $360,000 raised (in six weeks)

Ballot Measures

● OH Redistricting: The U.S. Supreme Court vacated last year's ruling by the Ohio Supreme Court that struck down the state's congressional map in a brief order issued just before the holiday weekend, directing the Ohio court to reconsider the case in light of the federal Supreme Court's recent decision in a related redistricting case out of North Carolina.

In the North Carolina case, known as Moore v. Harper, the Supreme Court rejected a radical argument by Republican legislators that would have allowed them to gerrymander without limits. Republicans claimed that the U.S. Constitution forbids state courts from placing any curbs on state lawmakers with regard to laws that concern federal elections, including the creation of new congressional maps. The supreme courts in both states had struck down GOP maps as illegal partisan gerrymanders, and in both cases, Republicans responded by asking the U.S. Supreme Court to overturn those rulings.

The Supreme Court declined to do so in Moore, but a majority of justices in the North Carolina matter did embrace a more limited version of the GOP's argument, saying that "state courts may not transgress the ordinary bounds of judicial review" when assessing state laws that affect federal elections. The U.S. Supreme Court now is asking the Ohio Supreme Court to determine whether it did in fact transgress these bounds in its prior ruling.

The written opinion in Moore, however, declined to provide any guidance whatsoever as to what those bounds might be, or what transgressing them might look like. The Ohio Supreme Court, therefore, faces the awkward task of deciding whether to tattle on itself without really knowing what it might have done wrong. Still, it's hard to see how the court might have run afoul of this standard, even if interpreted loosely. But whatever it decides, the outcome likely won't make any difference.

That's because partisan Republicans took firm control of the state Supreme Court in November after moderate Republican Maureen O'Connor, who had sided with the court's three Democrats to block GOP gerrymanders, retired due to age limits. The new hardline majority would likely have overturned the court's previous rulings rejecting Republican maps regardless of the U.S. Supreme Court's new order. As a consequence, Ohio will likely be able to use the same tilted map next year, or possibly even a more egregiously slanted one, since Republicans recently said they might pass a new map this fall.

Senate

● IN-Sen: Egg farmer John Rust, who is reportedly wealthy and could self-fund a bid for office, has filed paperwork to run in next year's GOP primary for Indiana's open Senate seat. Rust, however, has not yet commented publicly, so it's not clear what kind of opening he might see for himself, given that Republican leaders have almost universally rallied behind Rep. Jim Banks' campaign to succeed Sen. Mike Braun.

● MI-Sen: Former Republican Rep. Mike Rogers, who previously said "never say never" in regard to a possible bid for Michigan's open Senate seat, is now "seriously weighing" a campaign, according to two unnamed sources cited by Politico's Burgess Everett. A consultant for Rogers, who's been weighing a hopeless campaign for president, also declined to rule out the possibility in a statement.

Meanwhile, Time's Mini Racker reports that John Tuttle, an executive with the New York Stock Exchange, "is likely to enter" the GOP primary, per an anonymous source, and could do so by the middle of this month. In May, NRSC chair Steve Daines praised Tuttle as "a strong potential recruit." Racker's source also says that former Rep. Peter Meijer is "seriously looking" at a campaign but "may wait months" to decide; earlier this year, Meijer would only say "no comment" when the New York Times asked about his interest.

The only noteworthy Republican in the race so far is state Board of Education member Nikki Snyder, though her presence hasn't deterred anyone else. Democrats, by contrast, have largely coalesced around Rep. Elissa Slotkin, though she faces a few opponents, most notably state Board of Education President Pamela Pugh.

● MT-Sen: Rep. Ryan Zinke took himself out of the running for the right to take on Democratic Sen. Jon Tester by endorsing former Navy SEAL Tim Sheehy for the GOP nomination instead. But while Sheehy is a favorite of D.C. Republicans, he's still likely to have company in the primary in the form of Montana's other congressman, the hard-right Matt Rosendale.

● NV-Sen: The Nevada Independent's Gabby Birenbaum flags that Army veteran Sam Brown, who's reportedly a favorite of national Republicans, has a "special announcement" planned for Monday. So far, the only prominent Republican seeking to challenge first-term Democratic Sen. Jacky Rosen is notorious election conspiracy theorist Jim Marchant, who came very close to winning last year's race for secretary of state.

● OH-Sen: East Carolina University's new poll gives Democratic Sen. Sherrod Brown small leads against a trio of Republican foes:

  • 45-44 vs. state Sen. Matt Dolan
  • 44-42 vs. Secretary of State Frank LaRose
  • 46-42 vs. businessman Bernie Moreno

LaRose hasn't announced yet, though he unsubtly tweeted a picture of an FEC statement of organization form dated July 15.

● VA-Sen: Navy veteran Hung Cao, who was last year's GOP nominee against Democratic Rep. Jennifer Wexton, has filed FEC paperwork for what would be a longshot campaign against Democratic Sen. Tim Kaine.

Governors

● WA-Gov: Former Rep. Dave Reichert on Friday filed paperwork for a potential campaign for governor, which is the furthest the Republican has ever come to running for statewide office despite flirting with the idea several times during his career. Reichert, a former swing district congressman who is arguably his party's most formidable candidate, has yet to publicly commit to entering the top-two primary.

● WV-Gov: 2020 Democratic nominee Ben Salango said Wednesday he's decided not to run to succeed termed-out Gov. Jim Justice, the Republican who beat him 63-30. No serious Democrats have entered the race to lead what has become an inhospitable state for their party especially over the last decade, though Huntington Mayor Steve Williams responded to the news by reaffirming his interest to MetroNews.

"I said at the Juneteenth that I intend to run, but that it won't be official until I intend to file and that wouldn't be until sometime in July or August" said Williams, who runs West Virginia's second-largest state. The mayor didn't commit to anything, adding, "It's never official until it's official."

House

● AZ-06: Businessman Jack O'Donnell has quietly ended his month-old campaign for the Democratic nomination, a move the Arizona Republic says he made "without comment." O'Donnell's departure leaves former state Sen. Kirsten Engel without any intra-party opposition as she seeks a rematch against freshman Republican Rep. Juan Ciscomani, who beat her 51-49 last cycle.

● CO-08: Thornton Mayor Jan Kulmann, who took second in last year's GOP primary, says she won't try again this cycle.

● FL-11: While far-right troll Laura Loomer declared early this year that she'd be seeking a GOP primary rematch against veteran Rep. Daniel Webster, whom she held to a shockingly close 51-44 last cycle, she now tells Florida Politics she's still making up her mind about another try. "Right now, my entire focus is the re-nomination and reelection of President Donald J. Trump, and exposing Ron DeSantis for the con man that he is," she said, continuing, "I am preserving all of my options regarding a potential candidacy for U.S. Congress in Florida's 11th district."

Loomer also predicted that if she ran she'd "pulverize" both Webster and former state Rep. Anthony Sabatini, who is the congressman's only notable declared intra-party foe in this conservative seat in the western Orlando suburbs. Sabatini, a hard-right extremist who lost last year's primary for the neighboring 7th District to now-Rep. Cory Mills, says he's raised $205,000 during the first three months in his campaign to replace Webster as the congressman for the gargantuan retirement community of The Villages.

● IL-12: Darren Bailey, the far-right former state senator who was the GOP’s nominee for governor of Illinois last year, used a Fourth of July celebration at his family farm to announce that he’d challenge Rep. Mike Bost for renomination. Bost, who confirmed last month that he’d seek a sixth term in downstate Illinois' dark red 12th District, is himself an ardent Trumpist who voted to overturn Joe Biden’s win in the hours after the Jan. 6 attacks.

Bailey did not mention the incumbent in his kickoff or subsequent launch video, preferring instead to praise Trump and denounce “weak-kneed politicians who refuse to stand up and fight.” The also posted a picture on Facebook reading “Hands off my AR” on Tuesday—the first anniversary of the mass shooting in Highland Park. (The Chicago Tribune reminds us that last year, before the gunman was even caught, Bailey urged his followers to “move on and let’s celebrate — celebrate the independence of this nation.”)

The NRCC wasted no time making it clear that it was firmly in Bost's corner and previewed some of the material it might use. “Darren Bailey moved to a downtown Chicago penthouse to get blown out by JB Pritzker, now he’s back seeking another political promotion,” said in a statement. Bailey, who filed a 2019 bill to kick Chicago out of Illinois, sought to explain why he’d taken up residence in the Windy City last year. “You can’t deny there’s problems here," he argued. "And if we keep denying these problems, the problems are going to get worse.”

Just a day after 55-42 drubbing by Pritzker, the Tribune reported that Bost’s allies were worried the senator would turn around and take on the congressman—and they may have good reason to fret that he could put up a fight. According to an estimate from OurCampaigns, Bailey ran slightly ahead of Trump's 71-28 performance in the 12th District, carrying it 73-25 last year. Bost, though, also bested Trump's showing, winning his own race 75-25.

Trump has lent his support to both men in the past, so there's no telling whether he'll take sides this time. Just ahead of last year's primary, he endorsed Bailey—much to the delight of Democrats, who spent a fortune to help him win the nod in the ultimately correct belief he'd prove a weak opponent for Pritzker. Trump also headlined a rally for Bost in 2018, when the congressman was in the midst of a tough reelection battle. (Democrats later redrew the 12th District to make it much redder by packing in as many Republican voters as possible.)

● MD-06: State House Minority Leader Jason Buckel tells Maryland Matters' Josh Kurtz that, while he's still considering a bid for the GOP nod, he's postponing his decision from late July to late August.

Former Del. Dan Cox, the election denier who cost the GOP any chance it had to hold Maryland's governorship last year, also says he remains undecided, but he adds that he had nothing to do with a "Dan Cox for U.S. Congress" FEC committee that was set up Monday. "I'd like to know who did this," Cox said of the committee, which ceased to exist the following day.

● MI-07: Former state Sen. Curtis Hertel on Wednesday filed FEC paperwork for his long-anticipated campaign for this competitive open seat, a development that came days after the Democrat stepped down as Gov. Gretchen Whitmer's director of legislative affairs.

● NJ-07, NJ-Sen: Roselle Park Mayor Joseph Signorello told the New Jersey Globe Monday that he's decided to end his longshot Democratic primary bid against Sen. Robert Menendez and instead challenge freshman GOP Rep. Tom Kean Jr. Signorello's entire 14,000-person community is located in Democratic Rep. Donald Payne's 10th District, but the mayor previously said he lives "five minutes away" from Kean's constituency.

The only other notable Democrat campaigning for the 7th is Working Families Party state director Sue Altman, who says she raised $200,000 during her first month in the primary. Former state Sen. Ray Lesniak has talked about getting in as well, while the Globe reported last week that former State Department official Jason Blazakis is also considering joining the race.

● NY-17: Former Rep. Mondaire Jones announced on Wednesday that he'd seek the Democratic nomination to take on freshman Republican Rep. Mike Lawler in New York's 17th District, a lower Hudson Valley constituency that Joe Biden carried 54-44 in 2020. Jones, who unsuccessfully ran in New York City last year because of a strange set of redistricting-induced circumstances, used his intro video to emphasize his local roots in Rockland County and record securing funds for the area during his one term in D.C.

Before Jones can focus on reclaiming this seat, though, he has to get through what could be an expensive primary against local school board member Liz Gereghty, the sister of Michigan Gov. Gretchen Whitmer. Gereghty, who launched her campaign in mid-May, announced this week that she'd raised $400,000 though the end of last month. The field also includes former Bedford Town Supervisor MaryAnn Carr, but it remains to be seen if she'll have the resources to run a strong campaign.

In the 2020 election cycle, Jones sought what was, at the time, a safely blue seat held by Democratic Rep. Nita Lowey. Lowey, however, retired soon after Jones launched his campaign, and he won a competitive, multi-way battle for the Democratic nomination. Jones made history with his comfortable victory that fall by becoming the first openly gay black member of Congress, a distinction he shared with fellow New York Democrat Ritchie Torres. (It was only after she died in 1996 that news accounts identified legendary Texas Rep. Barbara Jordan as a lesbian; she never discussed her sexuality during her lifetime.)

Two years later, Jones seemed to be on track for another easy win, but everything changed after New York's highest court rejected state's new Democratic-drawn congressional map and substituted in its own lines. Fellow Rep. Sean Patrick Maloney, who represented a neighboring district and also chaired the DCCC, infuriated Jones and many local Democrats when he decided to seek reelection in the 17th District rather than defend the 18th, a slightly more competitive seat that included the bulk of his current constituents.

Jones decided to avoid a primary by campaigning for the open 10th District, an open seat based in Brooklyn and lower Manhattan that was far from his home turf, though he offered an explanation for his change of venue. "This is the birthplace of the LGBTQ+ rights movement," he tweeted, "Since long before the Stonewall Uprising, queer people of color have sought refuge within its borders."

But while Jones enjoyed the support of Speaker Nancy Pelosi, he had a tough time in a primary dominated by politicians with far stronger ties to New York City. Former federal prosecutor Dan Goldman, a self-funder who served as House Democrats' lead counsel during Donald Trump's first impeachment, massively outspent the rest of the field and secured the influential support of the New York Times. Goldman ultimately beat Assemblywoman Yuh-Line Niou in a 25-24 squeaker, while Jones finished third with 18%.

Maloney, for his part, acknowledged months before his own general election that "there are a lot of strong feelings" among Democrats who felt he'd sent Jones packing. "I think I could've handled it better," he admitted. He'd soon have more reasons for regret: One local progressive leader would recount to Slate that volunteers canvassing for Maloney would be asked, "Isn't he the guy that pushed Mondaire out of this district?" Maloney ended up losing to Lawler 50.3-49.7 at the same time that Republican Lee Zeldin was beating Democratic Gov. Kathy Hochul 52-48 in the 17th, according to Bloomberg's Greg Giroux. (Ironically, Democrat Pat Ryan held the 18th District that Maloney left behind.)

Jones soon made it clear that he was interested in returning to his home base to challenge Lawler, saying in December, "I've also learned my lesson, and that is home for me is in the Hudson Valley." (The Daily Beast reported in February that Jones hadn't ruled out waging a primary against Sen. Kirsten Gillibrand, but there was little indication he'd ever seriously considered the idea.)

The once and perhaps future congressman continues to express strong feelings about how the midterm elections went down. "I never imagined that I would wake up one day and would have to decide against primarying a member of the Democratic Party at a time when we were seeing an assault on our democracy," he told News12 Westchester on Wednesday. "To that extent, yeah, I do regret not being the Democratic nominee last cycle."

Gereghty's team, though, made it clear they'd use his campaign in New York City against him. "Liz Whitmer Gereghty has lived in the Hudson Valley for 20 years," her campaign said in a statement, "and the reason you'll never see her moving to Brooklyn to chase a congressional seat is because the only place and only people she wants to represent are right here in the Hudson Valley."

● RI-01: Candidate filing closed Friday for the special election to succeed former Rep. David Cicilline, and 22 of his fellow Democrats are campaigning for this 64-35 Biden constituency. The notable candidates competing in the Sept. 5 Democratic primary appear to be (deep breath):

  • State Rep. Marvin Abney
  • former Biden administration official Gabe Amo
  • former state official Nick Autiello
  • Lincoln Town Councilor Pamela Azar
  • Navy veteran Walter Berbrick
  • State Sen. Sandra Cano
  • Businessman Don Carlson
  • State Rep. Stephen Casey
  • Providence City Councilman John Goncalves
  • Lt. Gov. Sabina Matos
  • Narragansett Aboriginal Nation tribal elder Bella Machado Noka
  • State Sen. Ana Quezada
  • former state Rep. Aaron Regunberg

The field isn't quite set, though, because candidates still need to turn in 500 valid signatures by July 14. The general election will be Nov. 7.

● VA-02: Navy veteran Missy Cotter Smasal, reports Inside Elections' Jacob Rubashkin, is "moving toward" challenging freshman Republican Rep. Jen Kiggans in a competitive seat where Democrats are awaiting their first serious contender. Cotter Smasal previously lost an expensive race for the state Senate 52-48 against GOP state Sen. Bill DeSteph. (Donald Trump had carried that constituency 51-43 in 2016, though Joe Biden would take it 50-48 the year after Cotter Smasal's defeat.)

The current version of the 2nd Congressional District, which includes all of Virginia Beach and other Hampton Roads communities, also supported Biden 50-48. Kiggans last year went on to unseat Democratic Rep. Elaine Luria 52-48, and while Luria went on to form a PAC to help her party in this fall's state legislature contests, Rubashkin says she's "unlikely" to seek a rematch.

Ballot Measures

● NY Ballot: New York could join the ranks of states whose constitutions protect the right to an abortion next year when voters decide whether to approve a far-reaching amendment placed on the ballot by lawmakers.

The amendment, which the legislature passed for the required second time in January, would outlaw discrimination based on a wide variety of factors, including race, ethnicity, national origin, age, disability, religion, and sex. Under "sex," the measure further adds several more categories, including sexual orientation and gender identity, as well as "pregnancy, pregnancy outcomes, and reproductive healthcare and autonomy."

It is that last grouping that proponents say will protect abortion rights, though the amendment doesn't actually reference the word "abortion" anywhere. State law expert Quinn Yeargain expressed concern about that omission in an essay earlier this year. While noting that the amendment "encompasses a number of really good ideas" that would put New York at the vanguard of prohibiting a number of types of discrimination, he opined that it "leaves a lot to be desired" if it's to be regarded as "an abortion-rights amendment."

Yeargain contrasted New York's approach with a much more explicit amendment that will appear on the Maryland ballot next year. That amendment guarantees "the fundamental right to reproductive freedom, including but not limited to the ability to make and effectuate decisions to prevent, continue, or end one's own pregnancy." Regarding the New York amendment, Yeargain concluded that if he lived in the state, "I'd enthusiastically vote for this measure next year—but I wouldn't do so with the assumption that it'll constitutionalize abortion rights."

● OH Ballot: Activists seeking to enshrine abortion rights into the Ohio constitution submitted 710,000 signatures on Wednesday to place an amendment on the November ballot, far more than the 413,000 required by law. That figure gives organizers a sizable cushion should any petitions get thrown out after state officials review them, but a much more serious hurdle looms: Next month, voters will decide on a separate amendment approved by Republican lawmakers that would raise the threshold for passage for any future amendments from a simple majority to 60%.

Republicans have been explicit in explaining why they're pushing their measure. "This is 100% about keeping a radical, pro-abortion amendment out of our constitution," Secretary of State Frank LaRose said at an event in May, according to video obtained by News 5 Cleveland. "The left wants to jam it in there this coming November." A broad array of organizations are opposing the GOP amendment, which will go before voters in an Aug. 8 special election.