Morning Digest: North Dakota is the latest GOP-run state to treat the Voting Rights Act as optional

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

Subscribe to The Downballot, our weekly podcast

Leading Off

ND Redistricting: Federal judges keep finding that Republican-drawn election maps violate the Voting Rights Act—and Republican lawmakers keep defying court orders to remedy them. The latest to do so just this year is North Dakota, which recently saw two legislative districts struck down for undermining the rights of Native American voters.

  • "No way" to comply on time. A month ago, a judge directed the GOP-run legislature to come up with a new map by Friday. But a top Republican said lawmakers wouldn't meet that deadline, even though only a handful of districts need to be adjusted.
  • The third time is no charm. Earlier this year, Alabama Republicans outright refused to draw a second Black congressional district, and just this month, Georgia Republicans dismantled a diverse House seat that had elected a Black Democrat even though a judge expressly warned them not to.
  • A ticking time bomb. North Dakota Republicans are appealing, and they're putting forth an extremely dangerous argument that wouldn't just upend their case but could shred what remains of the VRA.

Read more on this pattern of GOP intransigence, including how a Republican president could end all enforcement of the Voting Rights Act if North Dakota's appeal succeeds.

Senate

NJ-Sen: Rep. Andy Kim is out with a new poll from Breakthrough Campaigns that shows him beating former financier Tammy Murphy 45-22 in the June Democratic primary, with indicted Sen. Bob Menendez clocking in at just 6%. A mid-November Kim internal from another firm, Public Policy Polling, showed him leading New Jersey's first lady 40-21, with 5% going to the incumbent. Neither Murphy nor Menendez have released their own numbers.

Murphy, as we've written before, will still be hard to beat because she's poised to win the "county line" in several large counties, which ensures her an advantageous place on the ballot. (This is also sometimes called the "organizational line.") The New Jersey Globe's Joey Fox is out with a thorough county-by-county look at the battle for the organizational line, and he writes that the process can vary quite a bit.

In the state's most populous county, Bergen, Fox writes that chairman Paul Juliano almost always gets to decide who gets the line, and his support for Murphy means "that’s probably the end of the story for Kim." It's a similar state of affairs in the three next largest counties―Middlesex, Essex, and Hudson―where party leaders have made it clear that Murphy is their choice.

However, things aren't as clear in Ocean County, a longtime conservative bastion that nonetheless has a large number of Democratic primary voters. Kim represented about half of the county under the last map, and Fox says many local Democrats remain "hugely loyal" to him. He adds that, while Murphy could make a play for the line here, she'll likely face a tough task.

Over to the north in Hunterdon County, meanwhile, Fox says that the organization line will be decided by a "genuinely open convention with little intervention from party leaders." You can find out a lot more in the Globe about the state of play across the state.

OH-Sen: Donald Trump endorsed rich guy Bernie Moreno on Tuesday for the March GOP primary to take on Democratic Sen. Sherrod Brown even though a poll released the previous day put Moreno in third place.

SurveyUSA, working on behalf of the Center For Election Science, which promotes approval voting, showed Secretary of State Frank LaRose leading state Sen. Matt Dolan 33-18, with Moreno at 12%. Morero recently publicized a pair of internals giving him a small edge over LaRose, with Dolan a close third.

Texas: Filing closed Dec. 11 for Texas' March 5 primary, though there's a quirk: Candidates file with their respective political parties, which had an additional five days to send final lists to the secretary of state. That means we can now take a comprehensive look at who is running in the major contests.

Texas may be the second-largest state in the union, but as far as House races are concerned, most of the action will be confined to the primaries (and, in contests where no candidate takes a majority, May 28 runoffs). That's because Republicans enacted a very precise defensive gerrymander following the most recent census, opting to make competitive GOP-held districts safely red rather than aim for further gains by targeting Democratic seats.

You'll also want to bookmark our calendar of every filing deadline, primary, and runoff for the 2024 elections. One person we're very sure does not use our calendar is Donald Trump, who on Monday night called for someone to challenge GOP Rep. Chip Roy for renomination in the 21st District. "If interested, let me know!!!" Trump wrote a week after it was too late for anyone to take him up on his offer. Roy, who appears to have pissed off his party's supreme leader by campaigning with Florida Gov. Ron DeSantis, is unopposed in March.

TX-Sen: Ten Democrats have filed to take on Republican Sen. Ted Cruz, though Rep. Colin Allred ended September with a huge financial advantage over the entire primary field. However, a new survey from YouGov on behalf of the University of Texas and Texas Politics Project finds that many primary voters have yet to make up their minds with about two-and-a-half months to go.

Allred leads state Sen. Roland Gutierrez 28-7, who is the only other Democrat who had at least a six-figure war chest at the end of the third quarter. Two other notable options, state Rep. Carl Sherman and former Nueces County District Attorney Mark Gonzalez, were at just 2% each. A 38% plurality volunteered they "haven't thought about it enough to have an opinion," while another 10% answered "don't know." Spending has yet to begin in earnest, however, so this state of affairs should soon change.

House

AK-AL: Businessman Nick Begich has publicized an internal from Remington Research that shows him outpacing his fellow Republican, Lt. Gov. Nancy Dahlstrom, in the August top-four primary, though he notably did not include numbers simulating how he'd do in an instant-runoff race against Democratic Rep. Mary Peltola. The congresswoman takes first with 42% as Begich leads Dahlstrom 28-9 for second, with another 7% going to Libertarian Chris Bye, who ran in 2022 along with Begich. All of these contenders would advance to the November general election if these results held.

CA-20: GOP Rep. Kevin McCarthy on Tuesday submitted his resignation letter to the House, and his departure will take effect Dec. 31. It remains to be seen if Democratic Gov. Gavin Newsom will schedule a special election to succeed the former speaker; the top-two primary for a full two-year term will take place March 5.

NY-26: Reporter Robert J. McCarthy writes in WKBW that Erie County Legislator Jeanne Vinal is considering competing in the unscheduled special election to replace outgoing Democratic Rep. Brian Higgins, while an unnamed source says that Buffalo Mayor Byron Brown will decide early next year.

These two Democrats' deliberations may not matter much, though, because the person who may single-handedly get to pick the party's nominee for the special seems happy with someone else. Erie County Democratic chair Jeremy Zellner tells McCarthy that the one major declared candidate, state Sen. Tim Kennedy, is "far ahead" of Brown and Vinal in organizing a campaign. "I am very impressed at this point in what he has put together in fundraising and forming a team," Zellner said, adding, "And whoever does this has to be ready."

OH-02: State Sen. Shane Wilkin announced Tuesday that he was joining the March GOP primary to replace retiring Republican Rep. Brad Wenstrup, a declaration that came one day before the filing deadline. Wilkin already represents about a third of this safely red southern Ohio seat.

OH-15: Cleveland.com reports that Democratic state Rep. Adam Miller last week filed FEC paperwork for a bid against Republican Rep. Mike Carey. Donald Trump took this seat in the southwestern Columbus area 53-46 in 2020.

TX-03: Freshman Rep. Keith Self faces a GOP primary rematch against businesswoman Suzanne Harp, whom he outpaced in a truly strange 2022 contest. Harp, though, finished September with less than $5,000 in the bank, so she's unlikely to be much of a threat. Three other Republicans are also running for this Plano-based seat that Donald Trump took 56-42.

TX-04: GOP Rep. Pat Fallon is running for reelection after waging a bizarre one-day campaign to return to the state Senate, but he seems to be in for a soft landing. Fallon faces just one little-known primary foe in a safely red seat based in the northeastern Dallas exurbs.

TX-07: Democratic Rep. Lizzie Fletcher's only intraparty foe in this safely blue seat is Pervez Agwan, a renewable energy developer whose challenge from the left has been overshadowed in recent weeks by sexual harassment allegations.

The Houston Landing reported this month that one of Agwan's former staffers is suing him for allegedly trying to kiss her; the candidate responded by insinuating that the hawkish pro-Israel group AIPAC was involved in the lawsuit, but he did not produce any evidence to back it up his claim. The New Republic later reported that 11 staffers resigned in October from Agwan's campaign, which it described as an environment "where multiple women faced frequent sexual harassment from senior staff."

TX-12: Longtime Rep. Kay Granger is retiring from this conservative seat in western Fort Worth and its western suburbs, and five fellow Republicans are competing to succeed her. The early frontrunner is state House Republican Caucus Chair Craig Goldman, who has the support of Gov. Greg Abbott.

Another name to watch is businessman John O'Shea, who began running well before Granger announced her departure in November. However, while O'Shea has the support of Attorney General Ken Paxton, whom Goldman voted to impeach earlier this year, he ended the third quarter with a mere $20,000 in the bank.

Also in the running is businesswoman Shellie Gardner, the self-proclaimed "Queen of Christmas Lights." (Gardner says her business has spent nearly two decades "supplying Christmas lights across the country, including the United States Capitol Christmas Tree.") Two other lesser-known Republicans round out the field.

TX-15: Freshman GOP Rep. Monica De La Cruz faces a rematch against businesswoman Michelle Vallejo, whom she beat 53-45 last year after major Democratic groups spent almost nothing on the race. Donald Trump won this gerrymandered seat in the Rio Grande Valley 51-48 in 2020. The incumbent ended September with a huge $1.4 million to $184,000 cash on hand lead.

Vallejo herself drew a familiar intra-party opponent on the final day of filing from attorney John Villarreal Rigney. Vallejo edged out Rigney 20-19 for second place in the 2022 primary, while Army veteran Ruben Ramirez took first with 28%, though Vallejo went on to narrowly beat Ramirez in the runoff.

TX-18: Rep. Sheila Jackson Lee announced she would seek a 16th term just two days after she was blown out by state Sen. John Whitmire, a fellow Democrat, in Houston's mayoral race, but she faces a challenging renomination fight in this safely blue seat.

Former Houston City Councilwoman Amanda Edwards, who once was a Jackson Lee intern, began campaigning after the congresswoman kicked off her bid for mayor and pledged to stay in the race even if the incumbent ultimately were to run for reelection—a promise she's kept. Edwards finished September with a hefty $829,000 banked, around four times as much as Jackson Lee reported. A third candidate named Rob Slater is also in, and his presence could prevent either Jackson Lee or Edwards from claiming a majority.

TX-23: GOP Rep. Tony Gonzales faces four primary foes in a sprawling West Texas seat that went 53-46 for Trump, one of whom has attracted some attention. Two Democrats are also running, though neither has earned much notice.

Gunmaker Brandon Herrera, who has over 3 million subscribers on his "The AK Guy" YouTube channel, finished September with $240,000 in the bank, which was far more than any of Gonzales' other intra-party challengers. Those hopefuls include former Immigration and Customs Enforcement official Victor Avila, Medina County GOP Chair Julie Clark, and Frank Lopez, who claimed 5% as an independent in last year's general election.

Gonzales infuriated hardliners by confirming Joe Biden's victory in the hours after the Jan. 6 attack and later supporting gun safety legislation after the Robb Elementary School shooting in Uvalde, which took place in his district. The state GOP responded to his apostasies in March by censuring him, a move that bars him from receiving party help until after any runoffs take place. Gonzales may not care, though, since he ended the third quarter with $1.7 million to spend.

TX-26: Rep. Michael Burgess announced his retirement shortly before Thanksgiving, and 11 fellow Republicans want to replace him in a safely red seat located in the northern Fort Worth suburbs and exurbs.

Donald Trump is supporting far-right media figure Brandon Gill, who is the son-in-law of MAGA toady Dinesh D'Souza. Gill also recently earned the backing of the like-minded House Freedom Caucus, which is capable of spending serious money in primaries.

Southlake Mayor John Huffman, meanwhile, picked up the support of 24th District Rep. Beth Van Duyne, who serves a neighboring seat. And in a blast from the past, former Denton County Judge Scott Armey is also in the running, more than two decades after losing a nasty 2002 runoff to Burgess. (Armey is the son of former Majority Leader Dick Armey, who was Burgess' immediate predecessor.)

Also in the running is Luisa Del Rosal, who previously served as chief of staff to 23rd District Rep. Tony Gonzales. The fourth quarter fundraising numbers, which are due at the end of January, will provide clues as to whether any of the other seven Republicans are capable of waging a serious effort.

TX-28: Rep. Henry Cuellar, who is one of the most conservative Democrats in the House, does not face any intraparty opposition this year, following narrow back-to-back wins against progressive Jessica Cisneros. Joe Biden carried this seat, which includes Laredo and the eastern San Antonio suburbs, 53-46.

Cuellar turned back a well-funded general election rival by a comfortable 57-43 margin in 2022, so it remains to be seen if any of his four Republican foes are capable of giving him a scare this time. The candidate who has attracted the most attention so far is Jose Sanz, who is a former Cuellar staffer. Not all the attention has been welcome, though, as the Texas Tribune reported in October that the Republican was arrested for throwing a chair at his sister in 2021; the case was eventually dismissed after Sanz performed community service and attended batterer intervention classes.

TX-32: Ten Democrats are competing to succeed Senate candidate Colin Allred in a diverse northern Dallas constituency that Republicans made safely blue in order to protect GOP incumbents elsewhere in the area.

The two early frontrunners appear to be state Rep. Julie Johnson, whose 2018 victory made her the first Texas legislator with a same-sex spouse, and Brian Williams, the trauma surgeon who attracted national attention in 2016 after he treated Dallas police officers wounded by a sniper. Williams finished September with a $525,000 to $404,000 cash lead over Johnson; the only other Democrat with a six-figure campaign account was Raja Chaudhry, who owns a charter bus company and self-funded his entire $266,000 war chest.

Also in the running are Alex Cornwallis, who was the party's 2022 nominee for a seat on the state Board of Education; former Dallas City Council member Kevin Felder; and civil rights attorney Justin Moore.

TX-34: Democratic Rep. Vicente Gonzalez is in for a rematch against former GOP Rep. Mayra Flores, whom he convincingly beat 53-44 in an unusual incumbent vs. incumbent contest last year. Gonzalez finished September with a $944,000 to $230,000 advantage in cash on hand.

Three other Republicans are also running, including wealthy perennial candidate Mauro Garza, but none of them appear to pose much of a threat to Flores. Joe Biden won this seat in the eastern Rio Grande Valley 57-42.

Judges

OH Supreme Court: The state GOP announced Tuesday that appointed Justice Joe Deters will take on Democratic colleague Melody Stewart for a full six-year term. Deters previously said he would challenge either Stewart or Democratic Justice Michael Donnelly rather than run for the remaining two years of the term of the Republican he replaced, Sharon Kennedy. (Kennedy won a promotion from associate justice to chief justice last year as part of a sweep by Republican hardliners after Republicans enacted a law adding party labels to the ballot.)

TX Supreme Court: Partisan control of Texas' all-Republican, nine-member Supreme Court isn't at stake, but progressives are hoping that the trio of justices up in 2024 will pay a price for their unanimous ruling rejecting Kate Cox's petition for an emergency abortion. Cox, who said her fetus suffered from fatal abnormalities and posed a risk to her own health, left the state to undergo the procedure in a case that continues to attract national attention.

Each of the three Republicans faces at least one Democratic foe in their respective statewide race. Justice John Devine is being challenged by Harris County District Judge Christine Weems, who narrowly won reelection last year in Texas' largest county. Two pairs of Democrats, meanwhile, are competing to take on each of the other incumbents.

Going up against Justice Jimmy Blacklock are Harris County District Judge DaSean Jones, who last year survived an extremely tight reelection contest, and attorney Randy Sarosdy. And in the race to unseat Justice Jane Bland are Court of Appeals Judge Bonnie Lee Goldstein, who prevailed in a close 2020 race in the Dallas area, and Judge Joe Pool, who has run for the Supreme Court in the past as a Republican but won a local judgeship last year in Hays County as a Democrat.

Grab Bag

Where Are They Now?: The U.S. Senate confirmed former Maryland Gov. Martin O'Malley on Monday night as secretary of the Social Security Administration. The Democrat will take over from acting secretary Kilolo Kijakazi, who has served since July of 2021.

Campaign Action

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

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

Subscribe to The Downballot, our weekly podcast

Leading Off

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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Leading Off

House: Which House districts are the most likely to change hands heading into next year's pivotal elections? The 2024 elections might be more than a year away, but we can tell you right now thanks to the new edition of our House Vulnerability Index.

Our index, which we've been using for more than a decade relies on just two data points: how red or blue every district is (based on an average of its presidential results over the last two elections) and how well each incumbent performed in the 2022 midterms. We rank each criterion (with open seats given a zero for the second factor), combine the ranks, and then re-rank the entire House, separated by party. This gives us an excellent view of the congressional battleground—something we can confirm by analyzing how it's performed in the past (the answer: very well).

So which are the most vulnerable seats? For Republicans, the top five are all freshmen who were lucky enough (or unlucky enough, depending on how things pan out) to win races last year in blue districts in California or New York—two states where poor Democratic turnout allowed the GOP to win on turf that's normally out of reach. Democrats' toughest defense, meanwhile, will be in Michigan's 7th District, a very swingy seat that's open next year because Elissa Slotkin, a strong campaigner and impressive fundraiser, is running for the Senate.

As more incumbents retire, or as maps get altered in redistricting, we'll keep updating the index from now through Election Day, so it's an eminently bookmarkable tool for activists and analysts alike.

Find David Jarman's full explanation for how the HVI works—as well as links to the complete index, including all the underlying data—in our detailed introductory post.

Redistricting

WA Redistricting: Democratic legislative leaders have announced that they won't reconvene Washington's bipartisan redistricting commission after a federal court ruled last month that one of the legislative districts that commissioners adopted after 2020 violated the Voting Rights Act by diluting Latino voting power. However, the Republicans who were allowed to intervene as co-defendants in the case have announced they will appeal the district judge's ruling to the 9th Circuit Court of Appeals. Because Washington's redistricting commission has two voting members from both parties and no tie-breaking vote, the GOP likely would have blocked a suitable remedy had it been reconvened.

Last month, a district judge struck down the 15th District, which is located in the Yakima Valley in south-central Washington, finding that despite its nominal 51% Latino majority among eligible voters, turnout disparities and white voters' hostility to Latino-preferred candidates meant that Latino voters could not effectively elect their chosen candidates there. If the court's ruling survives on appeal and it redraws the 15th to strengthen Latino voting power, it could eventually result in Latino-backed Democrats gaining one seat in the state Senate and two in the state House (Washington uses the same map for both legislative chambers, with each district electing one senator and two representatives.)

Senate

IN-Sen: Republican Sen. Mike Braun, who's running for governor next year, has finally endorsed Rep. Jim Banks to succeed him in the Senate. The far-right Banks had along ago consolidated support from all levels of the Indiana GOP establishment and more or less lacks any primary opposition. His one nominal opponent, wealthy egg farmer John Rust, is still acting like a candidate (and Banks is still treating him like one), but he seems unlikely to make the primary ballot because his Republican bona fides are insufficient under state law.

PA-Sen: The conservative site The Dispatch reporters that wealthy former hedge fund CEO Dave McCormick will launch a second bid for the Senate on Thursday. At the moment, there are no notable Republicans running to challenge Democratic Sen. Bob Casey, who is seeking a fourth term.

UT-Sen: The Republican field to replace Sen. Mitt Romney following his recent announcement that he won't seek reelection next year continues to take shape, and Bloomberg relays a quote from conservative activist Carolyn Phippen saying she's "exploring" a run, something that state party chair Robert Axson had previously suggested was likely. Meanwhile, KUTV reports that a spokeswoman for Gov. Spencer Cox said her boss was not planning to run, though there's no direct quote. Cox had previously announced in March that he would seek reelection next year instead, though that of course was before Romney had called it quits.

The Salt Lake Tribune mentioned several Republicans who could run, including Reps. John Curtis, Blake Moore, and Burgess Owens; Lt. Gov. Diedre Henderson; real estate executive and former state party chair Thomas Wright; JR Bird, who is the mayor of the small town of Roosevelt; and businessman Brad Bonham, who serves on the Republican National Committee. None of that bunch appears to have said anything about their interest yet except for Curtis and Moore, who both had already refused to rule out the prospect.

Lastly, Politico reports that multiple congressional Republicans are encouraging Donald Trump's former national security adviser Robert O'Brien to run. O'Brien, who had worked on both of Romney's presidential campaigns, just last month said he didn't want to run for office next year, but it's unclear yet if his interest has changed with Romney out of the picture.

So far the only notable candidate officially running is Riverton Mayor Trent Staggs, who had been primarying Romney from the right. However, state House Speaker Brad Wilson had also been raising money for a potential bid against Romney for months and had hinted right after the senator's announcement that he could formally jump into the race soon.

House

DE-AL: A new poll for the Human Rights Campaign, which previously endorsed state Sen. Sarah McBride, finds her leading in the Democratic primary for Delaware's open House seat. The survey, conducted by Democratic pollster Change Research, puts McBride in front with 44% of the vote while 23% say they support Delaware State Housing Authority director Eugene Young and 13% back state Treasurer Colleen Davis. Somewhat surprisingly for a poll conducted a full year before the primary—and long before campaigns will begin spending in earnest—only 18% of respondents say they are undecided.

GA-06: Cobb County Commissioner Jerica Richardson, who recently kicked off a bid for Georgia's 6th Congressional District, says she'll see her campaign through to the end regardless of whether the state's map gets redrawn.

In 2021, Republicans gerrymandered the Atlanta-area 6th District to an extreme degree: Under its prior boundaries, the district had backed Joe Biden by a 55-44 margin, but after the GOP got done with it, the new version would have supported Donald Trump 57-42. That makes it inhospitable turf for Democrats like Richardson—so much so that the district's former representative, Lucy McBath, decided to seek reelection last year in the neighboring (and safely blue) 7th instead.

But the Atlanta area could get rejiggered yet again, depending on a lawsuit that says Republicans are obligated by the Voting Rights Act to create an additional district where Black voters can elect their preferred candidates. (The suit relies on the same provision of the VRA at issue in Alabama, where Black voters successfully made a similar argument.) A trial in the case just ended on Thursday, and the judge presiding over the dispute says he plans to rule by Thanksgiving, which this year is Nov. 23.

IL-07: Chicago city Treasurer Melissa Conyears-Ervin was set to launch her long-anticipated primary challenge against Democratic Rep. Danny Davis last week, but the would-be candidate ended up postponing her kickoff event as the fallout from recently disclosed allegations that she abused her power continued to unfold. Conyears-Ervin's campaign said the postponement was "due to a scheduling conflict," but the Chicago Sun-Times reported that a source on her campaign said the real reason was that the city's Board of Ethics held a hearing on the allegations last Monday.

The allegations against Conyears-Ervin surfaced earlier this month when the city released a 2020 letter where two of her former top aides—Ashley Evans and Tiffany Harper—accused the treasurer of misusing government money and personnel. The pair claimed Conyears-Ervin hired an unqualified employee "for personal services;" used official resources for electoral matters, including sending money to religious organizations that supported her; and threatened to retaliate against any subordinates who wouldn't help her. Evans and Harper later received a total of $100,000 in a 2021 settlement after arguing they were fired in just such an act of illegal retaliation.

While that settlement was public knowledge, then-Mayor Lori Lightfoot, who was a Conyears-Ervin ally, spent years trying to keep this letter from becoming public. However, new Mayor Brandon Johnson, a fellow Democrat who defeated Lightfoot and other challengers in elections earlier this year, released the letter earlier this month.

In response to questions during last week's meeting about why the board had apparently failed to act on the letter for nearly three years, chairman William Conlon defended his board's actions by claiming that members lacked investigatory powers of their own. Conlon contended that the board had properly referred the case to the city's inspector general, whose office never referred the matter back to the board.

The Chicago Tribune reported that it was "unclear" whether the inspector general had ever opened an investigation but noted that there have long been concerns about the office taking multiple years to resolve investigations. Current Inspector General Deborah Witzburg, who was appointed last year by Lightfoot and confirmed by the City Council, declined to comment. However, the Tribune added that the city has "tight restrictions" on the inspector general commenting on investigations, meaning it's unclear when we'll get more clarity on the situation from city officials.

MN-05: State Sen. Bobby Joe Champion, who briefly ran for Minnesota's safely blue 5th Congressional District when it was an open seat in 2018, won't rule out a challenge to Rep. Ilhan Omar in next year's Democratic primary. In new remarks to MinnPost's Ana Radelat, Champion said he "hasn't thought about" a bid before adding, "I never, ever make a decision based on people asking me to do something." Omar already has two opponents in former National Guard recruiter Tim Peterson and attorney Sarah Gad, but several other bigger names are reportedly weighing the race.

Attorneys General

 TX-AG: Texas Attorney General Ken Paxton, who was facing a trial in the state Senate after getting impeached by the House on charges of corruption, was acquitted on all 16 counts on Saturday. Just two of Paxton’s fellow Republicans in the GOP-controlled Senate voted to convict him on any counts even though the vast majority of Republicans in the House had voted to impeach him in May. Axios reported that Paxton allies had threatened primary challenges against any Republicans who voted against the attorney general.

Judges

OH Supreme Court: State Supreme Court Justice Joe Deters, a Republican appointed to the court by GOP Gov. Mike DeWine in January to fill a vacant Republican seat, has indicated he will instead challenge one of the two Democratic incumbents who will be up for reelection next year rather than run for his current seat. Because Deters filled a vacancy to replace GOP Justice Sharon Kennedy after she was elected to the chief justice's position last year, the 2024 election for Deters' seat is only for the final two years of Kennedy's term. By contrast, both Democratic Justices Melody Stewart and Michael Donnelly are running for what would be their second six-year terms.

Deters has yet to indicate which Democrat he will challenge, but Democrats are already facing another tough election cycle after Republican lawmakers made court races partisan contests ahead of last year's elections in order to help their party in this red-leaning state, and Republicans hold a 4-3 majority after winning all three races last year. Democrats theoretically could gain a 4-3 edge of their own if both Stewart and Donnelly won reelection and the party flipped Deters' open seat in 2024, but that will be a challenging task in a state that has shifted rightward during the Trump era.

Mayors and County Leaders

Nashville, TN Mayor: Progressives had a strong night in Nashville on Thursday when Metro Council member Freddie O'Connell won a 64-36 blowout in the runoff for mayor against Republican strategist Alice Rolli. Despite the election being an off-cycle, nonpartisan contest, O'Connell's landslide nearly matched Joe Biden's 64-32 victory over Donald Trump here in 2020, which itself was the largest margin since 1948 for a Democratic presidential candidate. Progressives also had a strong performance in races for the Metro Council itself, which will see women holding a majority of seats for the first time in its history.

O'Connell's victory marks a shift from outgoing Mayor John Cooper, a more moderate Democrat who unexpectedly retired after just a single term. O'Connell had campaigned on the slogan "More 'Ville, less Vegas" as part of his argument that the city needed to prioritize the needs of residents over tourists, and he emphasized his opposition to Cooper's successful drive this year for taxpayers to fund a new stadium for the Tennessee Titans. The mayor-elect had drawn well-funded opposition from parts of the local business community, but it wasn't enough to stop him from advancing to the runoff in a crowded field and winning.