Morning Digest: Big Lie pushers aim to recall Wisconsin Republican for not pushing Big Lie enough

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

WI State Assembly: Far-right groups seeking to oust Wisconsin Assembly Speaker Robin Vos announced Monday that they'd turned in about 10,700 signatures to recall the powerful Republican. The effort comes less than two years after Vos narrowly won renomination against an opponent backed by Donald Trump, who sought to punish the speaker for failing to do enough to advance the Big Lie.

If the recall campaign qualifies for the ballot, each party would hold separate primaries ahead of a general election. Vos' 63rd District in the Racine area is solidly Republican turf, so the best way for his conservative detractors to get rid of him may be to deny him the nomination. It only takes a simple plurality to win the primary, though, so a crowded field would likely benefit the incumbent.

Vos, whose 11 years in power makes him the longest-serving speaker in state history, has used his power to continuously block Democratic Gov. Tony Evers from implementing his agenda and responded to Joe Biden's tight 2020 win in Wisconsin by claiming that he believed there was "widespread fraud."

That pronouncement, however, was far from good enough for Trump. The two had a public falling out in 2022 after Vos told Congress that Trump had called him and urged him to retroactively decertify Biden's victory—a move the speaker said was legally impossible.

Trump retaliated by endorsing a previously little-known Republican named Adam Steen. The challenger came very close to defeating Vos, but the speaker hung on with a 51-49 win. (Steen's subsequent general election write-in campaign came nowhere close to succeeding.) While Vos has continued to frustrate Evers, the speaker antagonized election deniers again last year when he wouldn't advance an impeachment effort targeting Wisconsin's top elections official, Meagan Wolfe.

Vos argued in November that, while he wanted Wolfe removed, his party was "nowhere near a consensus" on how to do it. "We need to move forward and talk about the issues that matter to most Wisconsinites and that is not, for most Wisconsinites, obsessing about Meagan Wolfe," he said. But conspiracy theorists were far from done obsessing about Meagan Wolfe and quickly made good on their threats to launch a recall effort.

However, it's not clear exactly which voters would decide Vos' fate. Last month, Evers signed new legislative districts into law to replace gerrymandered Republican maps that the new liberal majority on the Wisconsin Supreme Court struck down. (The court has yet to sign off on the new lines.) Last week, though, the justices declined Evers' request to clarify which set of maps would be used for any special elections or recalls that take place before November, when the new districts are otherwise set to go into effect.

Matt Snorek, who is leading the recall effort against Vos, acknowledged this uncertainty to WisPolitics even as he argued that the old boundaries should apply. "It's unconstitutional to allow folks who didn't vote for him in 2022 to remove him," Snorek said, but also noted that the recall campaign sought to collect signatures in both versions of the seat.

The partisan makeup of Vos' constituency didn't change dramatically, but it did become several points bluer: The old district favored Trump 58-40 in 2020, while the revamped version backed him 56-43.

If the previous lines are used, recall organizers will need 6,850 valid signatures, which represents 25% of the votes cast in the old 63rd District in the 2022 race for governor; the Milwaukee Journal-Sentinel writes that it's not clear what this target would be under the new boundaries. Recall expert Joshua Spivak also added that an "unusual feature" in state law makes it easier to put a recall on the ballot: While most states require anyone who fills out a petition to be a registered voter in their district, the Badger State mandates only that signatories be "eligible" voters.

Vos, though, is hoping his enemies have failed to gather enough signatures and says his team plans to review each petition. Scott Bauer of the Associated Press writes that the bipartisan Wisconsin Elections Commission has a total of 31 days to conduct its own review, though its decision can be challenged in court.

If the recall campaign qualifies, a primary would be held six weeks later, with a general election four weeks after that. (In the unlikely event that no primaries are necessary, the recall would take place on the day that primaries would have taken place.)

P.S. While Vos is on the outs with Big Lie spreaders now, the Republican has a long history of advancing conspiracy theories about elections. Vos responded to Democrat John Lehman's 819-vote victory over GOP state Sen. Van Wanggaard in a June 2012 recall by claiming, "Unfortunately, a portion of [the vote] was fraud." The soon-to-be speaker, though, acknowledged he "did not personally witness any voter fraud" in the campaign, which gave Democrats control of the upper chamber for a few months before Republicans won it back that fall.

Election Night

Mississippi: Tuesday is primary night in Mississippi, but none of the state's members of Congress appear to be in any danger of losing either renomination or the general election.

The most eventful race is the GOP primary for the 4th Congressional District, where self-funding perennial candidate Carl Boyanton has been airing animated ads depicting freshman Rep. Mike Ezell as a "busy bee" who's too close to special interests. (One even features a rhyming jingle.)

Boyanton, however, failed to break out of the single digits in either 2020 or 2022, so it would be a surprise if he gave Ezell a hard time on Tuesday. A third candidate, Michael McGill, is also in, though his presence would only matter if no one earned the majority of the vote needed to avert an April 2 runoff.

Senate

MI-Sen: Former Rep. Mike Rogers picked up the "Complete and Total Endorsement" of Donald Trump on Monday, a move that likely shortcircuits any prospect of a strong MAGA-flavored candidate entering the August GOP primary against the NRSC favorite. Rogers himself mulled challenging Trump in this year's presidential race, but the former congressman has spent his Senate bid cozying up to the man whose time he once said had "passed."

MN-Sen: SurveyUSA shows Democratic Sen. Amy Klobuchar with a 49-33 advantage over Republican Joe Fraser, a banker and Navy veteran who launched a campaign in January. This poll for the ABC affiliate KSTP, which is the first look we've had at this matchup, also shows Joe Biden ahead 42-38 in Minnesota.

NJ-Sen: Rep. Andy Kim won the Ocean County Democratic convention 86-13 on Saturday against former financier Tammy Murphy. Kim represented about half of this longtime GOP bastion under the congressional map that was in place when he won his first two terms in the House, though now it's split between two Republican-held districts, the 2nd and the 4th.

Senate: The Democratic group Senate Majority PAC announced Monday that it has reserved a total of $239 million in TV advertising in four additional states:

  • Arizona: $23 million
  • Michigan: $14 million
  • Pennsylvania: $42 million
  • Wisconsin: $14 million

The super PAC also said it had booked $65 million to defend Sen. Sherrod Brown in Ohio, which is a bit more than the $61 million the GOP firm Medium Buying relayed last month. SMP previously reserved $45 million in Montana and $36 million in Nevada. All seven of these states are held by members of the Democratic caucus, including Arizona, where independent Sen. Kyrsten Sinema is not seeking reelection.

Governors

IN-Gov: Sen. Mike Braun has publicized a late February internal from Mark It Red that gives him a 41-12 advantage over Lt. Gov. Suzanne Crouch ahead of the May 7 Republican primary for governor, which is similar to the 40-13 spread the firm found in December.

House

AZ-02: Former Yavapai County Supervisor Jack Smith filed paperwork with the state on Friday for a potential August primary bid against freshman Rep. Eli Crane, who was one of the eight House Republicans who voted to end Kevin McCarthy's speakership last year. Smith, who does not have the most helpful name for a Republican candidate seeking office in 2024, has not said anything publicly about his plans. The filing deadline is April 1.

Politico reported last month that McCarthy's network planned to target Crane in northeastern Arizona's reliably red 1st District. There's no word yet, though, whether the former speaker sees Smith, who resigned from office in 2019 to become state director for the U.S. Department of Agriculture's Rural Development program, as a strong option.

CA-20: NBC projects that Republican Assemblyman Vince Fong has secured first place in last week's top-two primary to succeed his old boss, former Rep. Kevin McCarthy. Fong, who served as McCarthy's district director before winning a seat in the legislature in 2016, leads with 38% as of Tuesday morning. Another Republican, Tulare County Sheriff Mike Boudreaux, holds a 25-22 advantage over Democrat Marisa Wood for second.

It's not clear how many ballots remain to be tabulated, though. NBC estimates that 65% of the total vote has been counted, but the Associated Press places the proportion at just 62% reporting. The AP has almost 1,500 more votes tallied than NBC even as it reports that a lower percentage of the vote is in.

Note that the first round of the special election for the remaining months of McCarthy's term will take place on March 19. Donald Trump, who like McCarthy backs Fong, carried this Central Valley seat 61-36.

Georgia: Candidate filing closed Friday for Georgia's May 21 primaries, which will mark the first time that the state's new congressional map will be used, and you can find a list of contenders available here. A June 18 runoff will take place in contests where no candidate wins a majority of the vote. The state also conducts a general election runoff between the top two vote-getters on Dec. 3 if no candidate receives a majority on Nov. 5, though that's unlikely to come into play in any congressional races this year.

There was one notable development just ahead of the filing deadline when state Rep. Mandisha Thomas became the third and final Democrat to launch a campaign for the new 6th Congressional District, a safely blue seat in the western Atlanta suburbs. Thomas, though, will face a challenging battle against 7th District Rep. Lucy McBath, a nationally known gun safety activist who ended 2023 with $1 million at her disposal. Cobb County Commissioner Jerica Richardson is also running, but she finished last year with a mere $4,000 banked.

MO-03: State Rep. Justin Hicks announced Monday that he was joining the August Republican primary to replace retiring GOP Rep. Blaine Luetkemeyer. The launch comes several months after Max Calfo, a former Jim Jordan staffer who was challenging him for renomination, shared what he claimed were court documents from St. Louis County dating to 2010 in which a woman accused the then-17-year-old Hicks of trying to choke her.

"The restraining order's true," the woman, whose name has not been shared publicly, told the St. Louis Post Dispatch's Jack Suntrup in November. The county's Circuit Court would not confirm the existence of the records, however, though a spokesperson informed Suntrup that the forms posted by Calfo appeared to match those used by the court at the time. Hicks does not appear to have responded to the allegations, though Calfo claims the state representative is now suing him.

NY-03: Politico reports that the Nassau County Republican Committee has endorsed former Assemblyman Mike LiPetri, who does not appear to have shown any prior public interest in taking on Democratic Rep. Tom Suozzi. LePetri ran for the open 2nd District in 2020 under a prior map but lost the primary 63-36 against Andrew Garbarino, his then-colleague and the eventual general election winner.

Politico says that, while the Nassau GOP only announced its support for LiPetri late Sunday, party chair Joe Cairo gave a heads-up to the other notable Republican running in the June primary, Air Force veteran Greg Hach. Hach quickly used that information to blast LiPetri on Friday as an "Anti-Trumper" who was "anointed by the local back-room political machine" and has "financial ties" to George Santos. But even though LiPetri fired off nine different tweets that same day, he only confirmed he was running to Newsday on Monday evening.

SC-01: Donald Trump on Saturday endorsed Rep. Nancy Mace, whom he'd unsuccessfully tried to defeat in the GOP primary last cycle. The congresswoman that Trump called "an absolutely terrible candidate" in 2022, however, has used the ensuing two years to remake herself into a diehard MAGA defender. Mace does not appear to have a similar reconciliation with Kevin McCarthy, whom she voted to oust as speaker in October.

Mace faces a June primary challenge from former state cabinet official Catherine Templeton, whom the incumbent labeled "McCarthy's puppet" last month. Dan Hanlon, who is Mace's former chief of staff, filed FEC paperwork in late January, but he still has not said anything publicly about this race. The candidate filing deadline is on April 1.

TX-23: Republican Rep. Tony Gonzales on Monday unveiled an endorsement from Lt. Gov. Dan Patrick, one of the most powerful far-right politicians in Texas, ahead of his May 28 primary runoff against gun maker Brandon Herrera, whom he led 45-25 in the first round of voting. Patrick's stamp of approval could be a welcome asset for Gonzales a year after the state party censured him for, among other things, voting to confirm Joe Biden's victory in the hours after the Jan. 6 attacks.

WA-06: State Sen. Emily Randall on Monday unveiled endorsements from two Democratic congresswomen who represent neighboring House seats, Rep. Marie Gluesenkamp Perez of the 3rd District and Rep. Marilyn Strickland of the 10th. Retiring Rep. Derek Kilmer, whose seat Randall is seeking, previously endorsed the other major Democrat in the race, Commissioner of Public Lands Hilary Franz.

Ballot Measures

MO Ballot, MO-Sen, MO-Gov: A new poll from the GOP firm Remington Research Group for the local tip-sheet Missouri Scout finds a 42-26 plurality in favor of amending the state constitution "so that future constitutional amendments would need a statewide majority vote and a majority vote in a majority of congressional districts to take effect."

Note that this poll sampled November general election voters even though the proposed constitutional amendment would likely appear on the August primary ballot (should lawmakers actually pass the measure).

In the Senate race, Remington also finds GOP incumbent Josh Hawley outpacing the Democratic frontrunner, Marine veteran Lucas Kunce, 53-39. GOP Secretary of State Jay Ashcroft likewise holds a similar 53-36 advantage in a hypothetical race for governor against state House Minority Leader Crystal Quade, though both candidates face contested primaries this summer.

Prosecutors & Sheriffs

Cook County, IL State's Attorney: Attorney Clayton Harris has publicized an endorsement from Rep. Chuy Garcia, a high-profile progressive who is also one of the most prominent Latino politicians in the Chicago area, ahead of next week's Democratic primary.

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Morning Digest: Alabama poised to have two Black Congress members for first time thanks to new map

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

AL Redistricting: A federal court on Thursday chose a new congressional map to impose in Alabama for the 2024 elections, finally creating a second district where Black voters can elect their preferred candidate. You can see the new map here, and click here for an interactive version.

The court had previously found that the map Republicans enacted in 2021 violated the Voting Rights Act, though the map was still used in last year's elections while the GOP appealed. Consequently, a Black Democrat will likely replace a white Republican after 2024, which would give Alabama two Black House members (out of seven total) for the first time in its history, roughly matching the 27% of its population that is Black.

Compared with the previous map, the new map significantly reconfigures the 1st and 2nd districts in southern Alabama to turn the latter district from a majority-white, safely Republican constituency into one that is 49% Black and just 44% white. To do so, the new map gives the 2nd the rest of Montgomery and most of Mobile—two cities that both have large Black populations—while the 2nd sheds the heavily white rural areas along the Florida border and exurbs north of Montgomery. (Changes to the other five districts were relatively limited.)

Consequently, the redesigned 2nd District would have favored Joe Biden 56-43 in 2020, making it a likely Democratic flip in 2024. Current 2nd District Rep. Barry Moore, a Republican who is a member of the far-right Freedom Caucus, is now at significant risk of losing his seat, though Moore recently indicated he could bail on the 2nd District and instead run against fellow GOP Rep. Jerry Carl in the primary for the 1st. However, Moore would likely be starting at a disadvantage there since our calculations indicate Carl currently represents 59% of the new district compared to Moore's 41%.

The new map is the culmination of multiyear litigation that saw the lower court strike down the GOP's 2021 map last year because it packed Black voters into the heavily Democratic 7th District while dispersing them elsewhere to ensure that the other six districts would remain heavily white and safely Republican. The Supreme Court put that ruling on hold for the 2022 elections while Republicans appealed, but it subsequently upheld the lower court's ruling in a landmark decision this past June, preserving a key protection of the Voting Rights Act.

Following the Supreme Court's ruling, the lower court gave the Republican-controlled legislature a second chance to draw a compliant map, instructing them to draw two districts that were either majority-Black or "something quite close to it." But in July, Republicans brazenly defied the courts, enacting a new map with just one majority-Black district and another that was only 39.9% Black—well short of a majority and therefore safely Republican.

Last month, the lower court blocked this new Republican map, and the Supreme Court also rejected the GOP's last-ditch attempt to keep it in place. Republican Secretary of State Wes Allen subsequently dropped the state's appeal to the high court earlier this week. This ensures the new map adopted by the lower court will be used in 2024, though state Republicans could still sue to invalidate the court-imposed map later this decade.

election recaps

Memphis, TN Mayor: Downtown Memphis Commission CEO Paul Young defeated Shelby County Sheriff Floyd Bonner 28-23 Thursday to succeed their fellow Democrat, termed-out Mayor Jim Strickland, in a 17-way contest where it took only a simple plurality to win. Young, who outspent each of his opponents, was long involved in city government but had never before run for office, and he argued he'd be the most prepared mayor in history while also representing change.

The winning candidate, who is the son of two well-known pastors, also focused on turning out younger voters. Young, when questioned why he'd voted in two GOP primaries since 2016, argued this was "strategic crossover voting to ensure that we have good people on both sides of the ledger." "I'm a Democrat," he said at one debate, "but I'm gonna get the job done."

3Q Fundraising

  • AZ-Sen: Ruben Gallego (D): $3 million raised, $5 million cash on hand
  • NV-Sen: Jacky Rosen (D-inc): $2.7 million raised, $8.8 million cash on hand
  • PA-Sen: Bob Casey (D-inc): $3.2 million raised, $7.3 million cash on hand
  • WI-Sen: Tammy Baldwin (D-inc): $3.1 million raised, $7 million cash on hand
  • CA-27: George Whitesides (D): $400,000 raised, additional $300,000 self-funded, $1.7 million cash on hand
  • CA-41: Will Rollins (D): $830,000 raised
  • CO-03: Adam Frisch (D): $3.4 million raised, $4.3 million cash on hand
  • NY-17: Mondaire Jones (D): $1.15 million raised, $840,000 cash on hand
  • WI-03: Rebecca Cooke (D): $400,000 raised

Senate

CA-Sen: Politico relays that Reps. Barbara Lee, Katie Porter, and Adam Schiff have all made it clear they'd continue to run for the Senate even if their fellow Democrat, appointed incumbent Laphonza Butler, sought a full term.

NJ-Sen: Rep. Andy Kim's allies at End Citizens United are out with an internal from the Democratic firm Public Policy Polling that shows the congressman beating First Lady Tammy Murphy 42-19 in a hypothetical Democratic primary, with indicted Sen. Bob Menendez taking all of 5%. The firm also finds Kim, who remains the only major declared candidate, defeating the incumbent 63-10 in a one-on-one fight. This is the only primary poll we've seen other than a Data for Progress survey that showed Kim beating fellow Rep. Mikie Sherrill 27-20 in a crowded contest, but that survey was largely conducted after Sherrill said she wouldn't run.

Another Democratic House member, Rep. Frank Pallone, sounds unlikely to seek a promotion, though he didn't quite rule it out to Politico. Pallone, who has served in the lower chamber since 1988, instead says he wants to regain the top post on the Energy and Commerce panel under a new Democratic majority. He said of the Senate chatter, "I’m flattered by the suggestions."

The story also adds that Rep. Josh Gottheimer is continuing to prepare his likely 2025 gubernatorial bid and isn't "planning to change course and run for Senate," though he hasn't said this publicly. (See our NJ-11, NJ-Gov item below for more on both Gottheimer and Sherrill's 2025 deliberations.)

WV-Sen: The Tarrance Group's late-September poll for the Senate Leadership Fund, a GOP super PAC tied to Mitch McConnell, shows GOP Gov. Jim Justice leading Sen. Joe Manchin 49-43 in a hypothetical general election scenario where the senator runs as an independent rather than as a Democrat. The memo did not mention Rep. Alex Mooney, who is waging an uphill primary battle against Justice.

Governors

MS-Gov: The conservative Magnolia Tribune has released a survey from Mason-Dixon that shows GOP Gov. Tate Reeves leading Democrat Brandon Presley 51-43, which is only a little smaller than the 52-41 advantage that Siena College found in late August. Mason-Dixon does not appear to have asked respondents about independent Gwendolyn Gray, whose presence on the ballot could conceivably prevent anyone from taking the majority needed to avert a Nov. 28 runoff; Siena, though, found just 1% opting for "someone else."

House

AZ-01: Former TV news anchor Marlene Galán-Woods has publicized an endorsement from former Gov. Janet Napolitano, who served from 2003 to 2009, in the Democratic primary to face GOP incumbent David Schweikert.

MI-08: Saginaw police officer Martin Blank, who served as an Army trauma surgeon in Afghanistan, on Thursday became the first notable Republican to launch a bid against Democratic Rep. Dan Kildee. Joe Biden would have carried this seat, which is based in the Flint and Tri-Cities areas, 50-48, but Kildee won an expensive race 53-43 two years later.

Blank has twice run for the state legislature, but he came nowhere close to securing the nomination either time. He lost his 2020 bid for the state House 50-31 against Timothy Beson, who went on to win the seat. Black campaigned for the upper chamber last year in a four-way primary, but he finished dead last with 18%. (Annette Glenn won that nomination contest with 41% only to lose to Democrat Kristen McDonald Rivet in the fall.)

MN-03: DNC member Ron Harris tells Punchbowl News he's considering running for the seat currently held by Rep. Dean Phillips, and he didn't rule out challenging the would-be Biden primary foe. Harris sounds more interested in running for an open seat, however, even though Minnesota's June filing deadline means that Phillips wouldn't need to choose between humoring his longshot presidential dreams and seeking reelection. "As Dean considers a run for President, I'm exploring a run for Congress to ensure this district stays in Democratic hands," Harris tweeted Thursday.

Harris, who is currently the DNC's Midwestern Caucus chair, previously served as Minneapolis' chief resilience officer from 2019 until last year. (Minnesota's largest city is located entirely in Rep. Ilhan Omar's 5th District.) Harris would be the first Black person to represent the 3rd, a seat in the western Minneapolis suburbs that favored Biden 60-39.

NJ-11, NJ-Gov: Politico relays chatter that New Jersey Rep. Mikie Sherrill could retire this cycle to prepare for a potential 2025 bid to succeed her fellow Democrat, termed-out Gov. Phil Murphy, though there's no word from the congresswoman about her thinking. The current version of Sherrill's 11th District, which includes New York City's western suburbs and exurbs, would have backed Joe Biden 58-41, and Democrats would be favored to keep it no matter what.

The congresswoman would be free to seek a fourth term in the House in 2024 and even remain in Congress should she lose a bid for governor, but Sherrill could decide instead that she'd prefer to focus on a statewide campaign. Indeed, Politico previously reported in July that another Democrat who flipped a seat during the 2018 blue wave, Virginia Rep. Abigail Spanberger, has decided against running for reelection so she can commit all of her time towards her own 2025 gubernatorial bid: Spanberger herself says she'll reveal her plans after the Nov. 7 legislative elections. (New Jersey also holds its state House and Senate contests that day.)

If Sherrill were to run for governor, she'd be in for an expensive primary battle. Jersey City Mayor Steven Fulop launched his campaign all the way back in April, and he announced Thursday that he'd raised enough money to receive all $7.3 million from the state's matching funds program, which provides $2 in state funds for every dollar raised. Anyone participating in the program can only spend $7.3 million during the primary, though super PACs like the pro-Fulop Coalition for Progress, which had $6.5 million available at the end of June, can deploy as much as they want.

Sherrill also isn't the only Democratic House member who might try to be the next inhabit of Drumthwacket, the governor's delightfully named official residence. An advisor for Rep. Josh Gottheimer, a prominent centrist who represents a neighboring seat to the north, confirmed the congressman's interest back in July to the New Jersey Globe. However, Politico relays that unnamed "Democrats close to Gottheimer" anticipate he'll also seek reelection next year to the 5th District, which favored Biden 56-43.

Plenty of other Democrats have also been talked about as potential candidates to replace Murphy in this blue state, and we'll take a closer look at the many potential contenders after the Nov. 7 elections. On the GOP side, former Assemblyman Jack Ciattarelli announced he was in days after he lost the 2021 general election to Murphy by a surprisingly narrow 51-48 spread.

VA-10: Axios' Hans Nichols reports that former National Security Council advisor Eugene Vindman, the whistleblower who attracted national attention in the leadup to Donald Trump's first impeachment, is considering running to succeed his fellow Democrat, retiring Rep. Jennifer Wexton. Vindman didn't deny anything to Nichols when asked at an event for the Democratic group VoteVets, saying instead, "I'm focused on Ukraine funding. I'm focused on war crimes now. That's all I'm focused on."

Nick Minock of the local ABC affiliate 7News, meanwhile, writes that Loudoun County Supervisor Juli Briskman discussed campaigning for the Democratic nod after Wexton announced that she wouldn't run following her diagnosis with Progressive Supra-nuclear Palsy. Briskman, who was photographed flipping off Donald Trump's motorcade while biking in 2017, divulged last week that she was being treated for breast cancer, and she said doctors are optimistic about her prospects. The supervisor, who is up for reelection on Nov. 7, did not respond to 7News' inquiry about her 2024 plans.

Minock also mentions state Sen. Jennifer Boysko, Del. Elizabeth Guzman, and former Attorney General Mark Herring as possible Democratic candidates. Nichols additionally names Jessica Post, who announced last week that she would step down as president of the Democratic Legislative Campaign Committee after this year's races; like the aforementioned trio, Post does not appear to have said anything publicly about participating in this contest. But Del. Danica Roem, who is seeking a promotion to the state Senate, told 7News she wouldn't run herself; Roem previously ruled out a bid for the neighboring 7th District.

On the GOP side, attorney Mike Clancy on Thursday became the first declared candidate for this 58-40 Biden seat. Clancy, whom Minock describes as a "business executive with a global technology company," ran here last year and self-funded the majority of his campaign's $400,000 budget, but he didn't come close to winning the party-run "firehouse primary."

Minock also supplies a few names of possible GOP contenders:

  • 2020 nominee Aliscia Andrews
  • Loudoun County Supervisor Caleb Kershner
  • 2022 candidate Caleb Max
  • state Sen. Jill Vogel

Kershner is up for reelection next month, while Vogel is retiring from the legislature.

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Morning Digest: Want to know which House seats are the most vulnerable? Our new tool tells you

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

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.

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

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

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

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

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.

Morning Digest: Here’s what comes next for Texas’ impeached attorney general

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

Subscribe to The Downballot, our weekly podcast

Leading Off

TX-AG: The Texas State Senate on Monday passed a resolution declaring that its trial for Attorney General Ken Paxton, whom the state House impeached over corruption allegations two days before, must begin by Aug. 28. Lt. Gov. Dan Patrick, who like Paxton and every other statewide official is a Republican, is tasked with choosing the starting date and presiding over the tribunal. It would take two-thirds of the 31-member chamber, where the GOP holds a 19-12 majority, to convict Paxton and thus bar him from ever holding state office again.

Paxton will remain suspended until a verdict is reached, and Assistant Attorney General Brent Webster, who joined his boss in trying to overturn Joe Biden's 2020 win, automatically assumed the office. Gov. Greg Abbott has not yet said if he'd select someone to take over from Webster, a key Paxton ally who used his first day on the job to praise the scandal-ridden attorney general in an email to staffers.

If the Senate removed Paxton, though, election law professor Quinn Yeargain writes in Guaranteed Republics that Abbott would be tasked with picking a replacement, and that this person would require the support of two-thirds of the Senate in order to be confirmed. Yeargain adds that a November 2024 special election would take place for the final two years of Paxton's term should he be convicted.

This could be a consequential pick should Abbott get to make it, as political observers point out that whoever holds the powerful post of attorney general could be the frontrunner in 2026 to succeed the governor in the event that he doesn't seek a fourth term. (Abbott himself used this office as a springboard to the governorship in 2014.)

Yeargain, however, notes that, because Republicans are two seats shy of the two-thirds supermajority needed to unilaterally confirm a new attorney general, Democrats could try to pressure Abbott to pick someone who wouldn't run next year. If the Senate failed to oust Paxton, though, he'd be free to run for reelection or higher office three years down the line.

It also remains to be seen if two GOP senators, Angela Paxton and Bryan Hughes, will act as jurors, though the Houston Chronicle says that two-thirds of the total body would need to vote for conviction whether or not there are any recusals. Angela Paxton is Ken Paxton's wife, and she's remained his close ally even though he allegedly convinced a wealthy ally named Nate Paul to hire the woman that the attorney general was having an affair with. The House's articles of impeachment, meanwhile, accuse Paxton of utilizing Hughes as a "straw requestor" for a legal opinion used to aid Paul.

Patrick indicated that neither senator would be required to step aside, saying, "I will be presiding over that case and the senators—all 31 senators—will have a vote." Kenneth Williams, who is a professor of criminal procedure, told the Associated Press that there wasn't any way to prevent Angela Paxton from taking part in the proceedings, saying, "It's up to her ethical standards and compass, basically."

Until a week ago, it didn't look like Ken Paxton was in any immediate danger of losing the office he was reelected to twice while under felony indictment. The attorney general was charged with securities fraud all the way back in 2015, but that trial still has yet to be scheduled. In November of 2020, the AP reported that the FBI was probing him in an unrelated matter for allegedly using his office to help Paul in exchange for favors. Four of Paxton's former top aides also filed a whistleblower lawsuit claiming that he'd retaliated against them for helping this investigation; their suit also alleges that Webster took part in this retaliation.

Paxton and his former personnel reached a tentative settlement in February that was contingent on the Texas legislature approving $3.3 million in state funds to the quartet, but it soon became apparent that House Speaker Dade Phelan and other fellow Republicans weren't keen to pay this. And while things seemed to stall, the House General Investigating Committee actually quietly began its own report into Paxton's alleged misbehavior.

Paxton made news Tuesday when he called for Phelan to resign for presiding over his chamber "in a state of apparent debilitating intoxication," but all that was overshadowed the next day when the committee unexpectedly released its report reiterating many of the allegations related to Paul. The committee, which recommended impeachment the next day, went on to say, "We cannot over-emphasize the fact that, but for Paxton's own request for a taxpayer-funded settlement . . . Paxton would not be facing impeachment."

On Saturday, the GOP-dominated House was presented with 20 counts of impeachment. Most of the charges accused Paxton of illegally using his powers to help Paul, though some said he'd tried to interfere in the securities fraud case. Donald Trump, who endorsed the attorney general in last year's primary, tried to pressure Republicans with a TruthSocial message threatening to "fight" anyone who voted for impeachment, while one Republican member of the General Investigating Committee claimed that Paxton himself had contacted representatives "threatening them with political consequences in their next election."

Ultimately, though, impeachment passed 121-23, with 60 Republicans joining 61 Democrats in the affirmative. All 23 noes came from Republicans, with one member from each party voting present: The lone Democrat to do this was Harold Dutton, who infuriated his party earlier this month by backing an anti-trans bill.

Paxton characteristically responded by writing, "Phelan's coalition of Democrats and liberal Republicans is now in lockstep with the Biden Administration, the abortion industry, anti-gun zealots, and woke corporations to sabotage my work as Attorney General." He also predicted he'd be acquitted by the Senate where, as Yeargain writes, Angela Paxton would likely become the first person in American history to have the chance to vote on an impeached spouse's conviction.

Senate

MD-Sen: AdImpact tells Politico that Rep. David Trone has already reserved close to $2 million as he continues his TV ad campaign almost a year ahead of the Democratic primary. The congressman's newest commercial features him talking about his nephew's death after a long struggle with substance addiction.

NV-Sen: Nevada Newsmakers has released a survey from Vote TXT, a firm whose work we hadn't seen before, showing Democratic incumbent Jacky Rosen posting a 39-34 lead in a hypothetical general election over Jim Marchant, the election conspiracy theorist who was the 2022 GOP nominee for secretary of state. The survey also finds 2022 Senate nominee Adam Laxalt edging out Rosen 42-41, though Laxalt said all the way back in December that he didn't "see a scenario where I'm on the ballot in 2024."

OH-Sen: Republican Rep. Warren Davidson has announced he won't run for Senate against Democratic incumbent Sherrod Brown next year, avoiding a potential headache for establishment Republicans in one of their top pickup opportunities this cycle. The far-right Davidson had been urged to run by the anti-tax hardliners at the Club for Growth, who had reportedly promised to spend on his behalf if he had joined the Republican primary.

Davidson's decision to stay put helps ease the path for wealthy businessman Bernie Moreno to consolidate Trump-supporting primary voters, though Secretary of State Frank LaRose could still join the race and recently said he would decide "by the middle part of summer." Moreno has won praise from Trump himself and a recent endorsement from GOP Sen. J.D. Vance, and he currently faces wealthy state Sen. Matt Dolan, an avowed Trump critic who unsuccessfully ran against Vance in the primary for Ohio's other Senate seat when it was open last year.

PA-Sen: Politico relays that state Treasurer Stacy Garrity isn't ruling out running for the GOP nomination to face Democratic Sen. Bob Casey next year instead of seeking reelection, though Garrity acknowledged that taking on the three-term senator is "going to be tough no matter who runs against him." Garrity won her current office in 2020 when she unseated Democratic incumbent Joseph Torsella 49-48 in an upset even as Biden was pulling off his own close win, and she has gone on to endorse Trump's 2020 election conspiracy theories.

Politico also reports that Carla Sands, a wealthy donor who was Trump's ambassador to Denmark, isn't ruling out a run of her own, though she took a distant fourth place with only 5% when she ran in the primary for Pennsylvania's other Senate seat last year.

WV-Sen: East Carolina University has polled next year's Senate contest in West Virginia and finds Republican Gov. Jim Justice in a dominant position to win. Justice holds a 53-12 lead over Rep. Alex Mooney in the primary and would go on to trounce Democratic Sen. Joe Manchin 54-32 if he's the nominee next year. The poll also tested Mooney against Manchin and finds the congressman leading by a much smaller 41-40 spread.

Governors

IN-Gov: Disgraced former Attorney General Curtis Hill tells the Hamilton County Reporter that he is indeed considering running in next year's Republican primary for governor. Hill narrowly lost renomination at the 2020 convention to former Rep. Todd Rokita two years after multiple women accused the attorney general of groping them.

KY-Gov: The RGA's State Solutions affiliate has launched what the GOP firm Medium Buying says is a $325,000 opening general election ad campaign against Democratic incumbent Andy Beshear, though its first commercial is the same one it used against him in mid-April. The spot targets Beshear for vetoing a bill that bans gender-affirming care for young trans people, something the GOP-dominated legislature quickly overrode.

LA-Gov: Far-right state Attorney General Jeff Landry is running new ads with a tough-on-crime message that are anything but subtle in their racist appeals. Landry's ads tout his law enforcement background, and he claims he'll "hold everyone, and I mean everyone, accountable for violent crime." Yet somehow that means just focusing on local officials who are Black Democrats, not their white Democratic counterparts and certainly not any Republicans such as the one who has been the state's top law enforcement officer for the past eight years.

Indeed, Landry's campaign is running similar versions in the New Orleans, Baton Rouge, and Shreveport areas, which are Louisiana's three biggest cities and each have large Black populations. As Gambit's Clancy DuBos notes, each version singles out local Black Democrats serving as mayor or district attorney to blame them for crime problems while ignoring white Democrats (let alone Republicans) in similar positions of power there or elsewhere in the state.

Medium Buying relays that Landry has thus far spent or reserved just $376,000 on ads, and it's notable that he's resorting to racist messaging right out of the gate in a race for governor where the lone major Democrat, former state Transportation Secretary Shawn Wilson, is Black.

ND-Gov, NH-Gov: North Dakota Gov. Doug Burgum, whom multiple media outlets report has decided to wage a longshot GOP presidential bid, has “a special announcement” set for June 7, while New Hampshire Gov. Chris Sununu said Sunday he’d decide on his own White House plans “in the next week or two.” Both Republicans could seek reelection in 2024 should their presidential hopes fail, though Sununu sounds unlikely to run again for his current post.

WA-Gov: A bipartisan pair of political consultants mention 2022 GOP Senate nominee Tiffany Smiley as a possible candidate for governor to Crosscut, but there's no word if she's interested.

House

AZ-03: Phoenix City Councilmember Laura Pastor has filed FEC paperwork for a campaign to succeed her fellow Democrat, Senate contender Ruben Gallego, and ABC 15 says her announcement will take place Wednesday. Pastor is the daughter of Gallego’s immediate predecessor, the late Rep. Ed Pastor.

CA-12: Jennifer Tran, a professor at California State University East Bay who also serves as president of the Oakland Vietnamese Chamber of Commerce, is the latest Democrat to announce a campaign to succeed Senate candidate Barbara Lee in this dark-blue Oakland constituency.

Tran joins a race that includes BART board member Lateefah Simon and businessman Tim Sanchez. Simon has endorsements from EMILY's List and some prominent state and local Democrats, and the San Francisco Chronicle recently noted that the locally influential Building and Construction Trades Council of Alameda County is also behind her.

CA-47, CA-45: Board of Equalization member Mike Schaefer, a Democrat who has survived many scandals, tells the Orange County Register that he’ll run for the open 47th District to replace Democratic Senate candidate Katie Porter. Schaefer previously filed FEC paperwork to campaign for GOP Rep. Michelle Steel’s 45th District, but he tells the paper that he only did this because he didn’t know that Porter’s constituency no longer has this number under the new congressional map. “I’m trying to figure out how to unregister myself,” for the 45th, he says, adding, “I’m trying to get past that hurdle first.”

Schaefer, whose San Diego home isn’t in either of these Orange County constituencies, is 86, which would make him by far the oldest House freshman in American history; that record is currently held by Kentucky Republican William Lewis, who won his seat at age 79 in a 1948 special election and didn’t run for a full term later that year. Schaefer says he also doesn’t intend to seek reelection, though plenty of Democrats would prefer it if he doesn’t even get to serve that long. As the San Francisco Chronicle put it in a jaw-dropping paragraph during his reelection campaign last year:

He was accused — and eventually acquitted — in a 1970 Yellow Cab bribery scandal in San Diego, when he served on the City Council. He was convicted of misdemeanor spousal abuse and jailed in 1993, according to the San Diego Union-Tribune, and was ordered by a jury in 1986 to pay $1.83 million to former tenants in Los Angeles who sued because they said their apartments, rented from Schaefer, were overrun with rats, cockroaches, sewage and street gangs, according to the Los Angeles Times. And in 2013, a Nevada court ordered him to stay at least 100 feet away from actor and comedian Brad Garrett, who played a cop and brother in "Everybody Loves Raymond," after he allegedly stalked the actor following a dispute over a complimentary ticket to a Las Vegas show.

Schaefer's team responded by insisting people should focus on his performance in office instead of his "colorful past," and voters supported him 59-41 over a fellow Democrat.  

Schaefer joins a contest that includes two fellow Democrats, state Sen. Dave Min and party activist Joanna Weiss, as well as 2022 GOP nominee Scott Baugh. Min, who has Porter’s endorsement, looked like the party’s frontrunner until he was arrested for drunk driving early this month, and one prominent California Democrat has made it clear he wants an alternative. Pete Aguilar, who is the third-ranking member of the Democratic leadership, told the state party convention over the weekend, “The filing deadline is in December.”

DE-AL, DE-Sen, DE-Gov: Bloomberg has the names of some more Democrats who could run for Delaware's top statewide offices if Rep. Lisa Blunt Rochester decides to run for Senate following incumbent Tom Carper's retirement announcement. An adviser for Eugene Young, who is the director of the Delaware State Housing Authority, says his boss is considering running for House, and state Treasurer Colleen Davis gave an interview where she didn't rule out running for House, Senate, or to succeed term-limited Gov. John Carney.

Meanwhile, Bloomberg reports that state Sen. Sarah McBride is "assembling plans" to run for House if Blunt Rochester goes for Senate. Lastly, unnamed insiders mentioned state Insurance Commissioner Trinidad Navarro as a potential House candidate, though she doesn't appear to have said anything publicly yet.

IL-12: Darren Bailey, the far-right former state senator who was the GOP's nominee for governor of Illinois last year, did not rule out waging a primary bid against Rep. Mike Bost when KSDK asked him about it, a development that comes a month after Politico first reported that he was considering the idea. Bailey instead texted the station that he and his wife were praying about their next steps, adding, "As of right now there are no plans, but we will keep you up to date."  

MD-06: Inside Elections' Jacob Rubashkin reports that U.S. Commerce Department official April McClain-Delaney not only is considering a bid for the Democratic nod, she's also been speaking to campaign vendors. McClain-Delaney is the wife of former Rep. John Delaney, who won a previous version of this seat in 2012 and gave it up six years later to run for president.

MN-02: Attorney Tayler Rahm over the weekend announced he'd campaign as a Republican against Democratic incumbent Angie Craig. Biden carried this constituency, which is based in the southern Minneapolis-St. Paul suburbs, 53-45, while Craig won her third term 51-46 last year.  

NY-17: Former Bedford Town Supervisor MaryAnn Carr has filed FEC paperwork for a potential bid for the Democratic nod to take on GOP Rep. Mike Lawler. Carr's colleagues on the Town Board in early 2021 chose her to fill the vacant post as leader this community of 17,000, but she lost the primary for a full term later that year to Councilwoman Ellen Calves 67-33.

RI-01: Bella Machado Noka, who is a Narragansett Aboriginal Nation tribal elder, announced Thursday that she was joining the packed Democratic special election primary. Noka would be the first Native American to represent New England in Congress.

TX-32: Justin Moore, a civil rights attorney who previously served as a local prosecutor, has joined the Democratic primary to succeed Senate candidate Colin Allred.

UT-02, UT-Sen: Republican Rep. Chris Stewart, multiple unnamed sources tell the Salt Lake Tribune, plans to resign from the House as soon as this week due to unknown "ongoing health issues with his wife." The departure of Stewart, who has been an ardent conservative hardliner during his decade in Congress, would set off a special election to succeed him in a constituency that Donald Trump carried 57-40. His exit from Congress also almost certainly means that he won't be challenging Sen. Mitt Romney despite not ruling out the idea last month.

International

Alberta, Canada: The governing United Conservative Party, led by the controversial Danielle Smith, secured a second consecutive term in the western Canadian province of Alberta on Monday by winning 49 seats in the provincial legislature, with the remaining 38 seats going to the left-leaning New Democratic Party under the leadership of Rachel Notley. While the NDP did manage to make major gains at the expense of the UCP by flipping 14 seats, the provincewide vote margin favored the ruling party 53-44. However, that margin understates how close the race really was: The UCP won their six most competitive seats in the cities of Calgary and Lethbridge by just over 2,600 votes collectively.

Morning Digest: Republican who got bounced from ballot in governor’s race now weighing Senate bid

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

Subscribe to The Downballot, our weekly podcast

Leading Off

MI-Sen: The latest Michigan Republican to express interest in the state's open Senate race is former Detroit Police Chief James Craig, who ran a chaotic 2022 campaign for governor even before he was ejected from the ballot over fraudulent signatures. But Craig, who went on to wage a hopeless write-in campaign last year, remains characteristically undeterred, telling The Detroit News he's giving a Senate effort a "real critical look" but has no timeline to make up his mind. Several more disastrous Republican candidates from last cycle are also eyeing Senate runs in other states, though unlike Craig, they were at least able to make the ballot before losing.

Craig was the frontrunner in the summer of 2021 when he entered the GOP primary to take on Democratic Gov. Gretchen Whitmer, though his initial announcement that he was forming an exploratory committee―an entity that doesn't actually exist under Michigan law―was an early omen about the problems ahead. Indeed, the former chief's bid would experience several major shakeups, including the departure of two different campaign managers in less than four months.

Craig, who also made news for his heavy spending, got some more unwelcome headlines in April of 2022 when Rep. Jack Bergman announced he was switching his endorsement to self-funding businessman Perry Johnson; Bergman complained that his first choice ignored "campaigning in Northern Michigan and the [Upper Peninsula] in favor of a self proclaimed Detroit-centric approach." Still, polls showed Craig well ahead in the primary as he sought to become the Wolverine State's first Black governor.

Everything changed in May, though, when election authorities disqualified Craig, Johnson, and three other contenders from the ballot after they fell victim to a huge fraudulent signature scandal and failed to turn in enough valid petitions. Both Craig and Johnson both unsuccessfully sued to get reinstated, but only the former chief decided to forge ahead with a write-in campaign to win the GOP nod.

Craig blustered, "I'm going to win," but he became an afterthought even before far-right radio commentator Tudor Dixon emerged as the new frontrunner. Craig's write-in effort ended up taking all of 2% of the vote, though he was far from willing to back Dixon after she secured the nomination that once looked his for the taking. He instead endorsed U.S. Taxpayers Party contender Donna Brandenburg, who had also been ejected from the Republican primary, saying that Dixon's extreme opposition to abortion rights went too far even for him. Whitmer soon won 54-44, with Brandenburg in fourth with just 0.4%.

Craig's newest campaign flirtations come at a time when no major Republicans have stepped up to run for the Senate seat held by retiring Democratic incumbent Debbie Stabenow. The only notable declared contender is state Board of Education member Nikki Snyder, who also failed to make the primary ballot in 2020 when she tried to challenge Democratic Rep. Elissa Slotkin. (Dixon herself didn't shut the door on a Senate bid right after Stabenow announced her departure in January, but we've heard little from her over the following three months.)

Slotkin continues to have the Democratic side to herself, though actor Hill Harper reportedly plans to run and state Board of Education President Pamela Pugh is publicly considering herself.

1Q Fundraising

  • CA-30: Mike Feuer (D): $654,000 raised (in eight weeks), $630,000 cash on hand
  • RI-02: Seth Magaziner (D-inc): $360,000 raised

Senate

CT-Sen: Democratic Sen. Richard Blumenthal on Sunday underwent what he said was a “completely successful” surgery for a broken leg after someone accidently tripped and collided with him at the previous day’s victory parade for the University of Connecticut's men’s basketball team. Homestate colleague Chris Murphy tweeted, “FYI after he broke his femur he got back up, dusted himself off, and FINISHED THE PARADE,” adding, “Most Dick Blumenthal thing ever.”

MS-Sen: Far-right state Rep. Dan Eubanks has filed FEC paperwork for a potential Republican primary bid against Sen. Roger Wicker, who doesn’t appear to have made many intra-party enemies. Eubanks, who said in 2020 his family would not be getting vaccinated for COVID, introduced a pair of bills the next year to criminalize abortion and to prevent employers from requiring COVID vaccines.

MT-Sen: Rep. Matt Rosendale doesn’t seem to be in the least bit of a hurry to reveal if he’ll seek a rematch with Democratic Sen. Jon Tester, telling CNN, “We’re just taking a nice slow time to let the people in Montana decide who they want to replace him with.”

PA-Sen: Sen. Bob Casey confirmed Monday he’d seek a fourth term, a long-anticipated decision that still relieves Democrats who weren’t looking forward to the idea of defending an open seat in a swing state. Republican leaders continue to hope that rich guy ​​Dave McCormick will take on Casey after narrowly losing the 2022 primary for the other Senate seat, though McCormick has yet to reveal any timeline for deciding beyond sometime this year. Those same GOP leaders are also not looking forward to the prospect that state Sen. Doug Mastriano could make trouble for them again after his catastrophic bid for governor last cycle.

WI-Sen: CNN reports that GOP leaders are urging Rep. Mike Gallagher to take on Democratic Sen. Tammy Baldwin, and he’s characteristically not quite ruling it out. “I’m not thinking about it at present,” the congressman said, which is similar to the response he’s given for months. He added of his time in office, “I’d never conceived of this as a long-term thing; I don’t think Congress should be a career ... I’m going to weigh all those factors and see where I can make the best impact.”

Governors

LA-Gov: Republican Stephen Waguespack says he’s raised about $900,000 in the four weeks since he stepped down as head of the Louisiana Association of Business and Industry to run for governor, but his super PAC allies have taken in considerably more to help jump start his campaign. Delta Good Hands and Reboot Louisiana together have hauled in $2.23 million during the not-quite quarterly fundraising period that finished April 7; reports are due for everyone April 17.

House

CA-45: Attorney Aditya Pai announced Monday that he would campaign as a Democrat against Republican Rep. Michelle Steel in next year’s top-two primary for a constituency Biden carried 52-46. Pai, who immigrated from India as a child, would be the first Indian American to represent an Orange County-based seat in Congress.

Also in the running are two fellow Democrats: Garden Grove City Councilwoman Kim Bernice Nguyen and attorney Cheyenne Hunt, a former consumer advocate from Public Citizen whom Politico says enjoys a "substantial TikTok following."

OH-09: Real estate broker Steve Lankenau, who served as mayor of the small community of Napoleon from 1988 to 1994, has announced that he's joining the GOP primary to take on Democratic Rep. Marcy Kaptur.

Another local Republican, disastrous 2022 nominee J.R. Majewski, made news briefly Friday when he updated his information with the FEC, though some outlets initially and incorrectly reported that he'd filed paperwork for a rematch with Kaptur. As we've written before, though, what look like new filings from defeated candidates often have more to do with resolving financial and bureaucratic matters from their last campaign than they do about the future, and Majewski himself said, "Unfortunately I have not filed a statement of candidacy."

PA-07, PA-08, PA-17: Inside Elections' Erin Covey surveys the potential Republican fields in a trio of Democratic-held House seats in Pennsylvania, though no big names have so much as publicly expressed interest in running yet.

We'll start in Democratic incumbent Susan Wild's 7th District in the Lehigh Valley, a constituency Joe Biden took just 50-49 in 2020. Covey reports that Lisa Scheller, whom Wild narrowly held off in both 2020 and 2022, hasn't ruled out another try, though unnamed Republicans doubt she'll wage a third campaign. There's been some chatter about state Rep. Ryan Mackenzie and Kevin Dellicker, who lost last year's primary to Scheller just 52-48, though no word if either is interested.

The situation is similar in Rep. Matt Cartwright's 8th District just to the north, a Scranton/Wilkes-Barre constituency that Donald Trump carried 51-48. Another two-time nominee, Jim Bognet, reportedly hasn't closed the door on another attempt, but a GOP source tells Covey there's "definitely donor fatigue" about him. State Sen. Rosemary Brown and gastroenterologist Seth Kaufer have been talked about as alternatives, but a party operative acknowledges, "It's been oddly quiet at this point in terms of people talking with other people about potentially running."

There seems to be a bit more interest in taking on freshman Democratic incumbent Chris Deluzio in the 17th District across the state in the Pittsburgh suburbs, though still no takers yet for this 52-46 Biden seat. Covey writes that 2022 nominee Jeremy Shaffer, who lost to Deluzio 53-47, "has shown some interest" in a 2024 attempt, as has state Rep. Rob Mercuri. A few other Republicans have also been mentioned including 2022 primary runner-up Jason Killmeyer; businesswoman Tricia Staible, who dropped out before the primary; Allegheny County Councilman Sam DeMarco; and former state House Speaker Mike Turzai.

RI-01: Former state Rep. Aaron Regunberg declared Monday that he would compete in the upcoming special election while his fellow Democrat, state Rep. Steve Casey, has filed FEC paperwork and says he'll also announce soon. Regunberg in 2018 waged a primary bid against Lt. Gov. Dan McKee, who had long had an uneasy relationship with progressives and unions. The challenger, who accused McKee of accepting "dark money" from PACs, also benefited from the support of several major labor groups, and it was almost enough to unseat him.

But McKee, who argued that he'd be better positioned to lead the state should Gov. Gina Raimondo leave office early, maintained the backing of most Ocean State politicos, and he held on 51-49 before decisively winning the general election. The scenario the incumbent predicted indeed came to pass in 2021 when Raimondo became U.S. secretary of commerce and McKee replaced her as governor.

Judges

NY Court of Appeals: Democratic Gov. Kathy Hochul announced Monday that her new nominee to head New York's highest court would be a current member of its liberal wing, associate Judge Rowan Wilson, a development that comes almost two months after the state Senate overwhelmingly rejected her first choice for chief judge of the Court of Appeals. Hochul also revealed that she'd be picking attorney Caitlin Halligan, who is a former state solicitor general, to take the associate seat Wilson would be vacating.

New York Focus' Sam Mellins predicted that Halligan would be the swing vote on a body where liberals and conservatives have been evenly split since conservative Chief Judge Janet DiFiore unexpectedly resigned last year. DiFiore's departure last time gave Hochul a chance to reshape the court―a chance she very much did not take at first.

In New York the governor is required to pick from a list of seven court nominees submitted by the Commission on Judicial Nominations, and The Daily Beast reported in January that the one name that labor groups objected to was the person Hochul opted for, Hector LaSalle. LaSalle needed a majority of the state Senate to vote his way, but the Democratic-led body ultimately delivered him a historic 39-20 rejection.  

Prominent liberals this time responded by praising Wilson, who would be the Court of Appeals' first Black chief judge, while Halligan's nomination hasn't attracted anything like the backlash that greeted LaSalle. The Center for Community Alternatives, the progressive coalition that helped block LaSalle earlier this year, said that, while Halligan's time representing "a prosecutor's office and of major corporations in disputes against their employees and others raises concerns," she would still be "a marked improvement" from DiFiore.

CCA, which also noted Halligan had represented progressives, called for the state Senate to "scrutinize her closely in its consideration of her nomination." Majority Leader Andrea Stewart-Cousins and other powerful Democrats who opposed LaSalle in turn issued statements supportive of both Wilson and Halligan.

PA Supreme Court: Newly released fundraising reports for the May 16 primaries show that the two contenders who have the backing of their respective state party, Democrat Daniel McCaffery and Republican Carolyn Carluccio, hold a big edge over their intra-party foes. The post everyone wants to win on Nov. 7 became vacant last September when Chief Justice Max Baer died at the age of 74, just months before the Democrat was required to retire because of age limits.

McCaffery outraised fellow Superior Court Judge Deborah Kunselman $141,000 to $56,000 among donors during the first three months of 2023, with Kunselman throwing down another $11,000. Carluccio, who holds the title of president judge in Montgomery County, meanwhile raised $122,000 and threw down another $25,000.

Finally, Spotlight PA says that almost all of the $11,000 that Commonwealth Court Judge Patricia McCullough hauled in came from the campaign of state Sen. Doug Mastriano, the QAnon ally who was the GOP's 2022 nominee for governor.

Legislatures

TN State House: Just days after being expelled from the Tennessee legislature for taking part in a demonstration on the House floor, Democrat Justin Jones was unanimously restored to his post by Nashville’s Metropolitan Council. Republicans had sought Jones' ouster after he used a megaphone to lead a chant in favor of gun law reforms from the chamber's well, but the state constitution gives local county governments the power to fill vacancies. (The Metro Council is officially nonpartisan but leans Democratic.)

The constitution also forbids lawmakers from punishing members twice for the same offense, so Jones should be able to keep his seat until a special election can be held for a permanent replacement—a race in which he's also eligible to run. Jones was unopposed last year in his bid for the safely blue 52nd District, though he first had to win a competitive primary.

A second Democrat who was ejected from the House, Justin Pearson, is also likely to be reinstated when the Shelby County Commission meets on Wednesday to discuss the fate of the Memphis-area 86th District, another deep blue seat. Like Jones, Pearson also ran uncontested when he won a special election just last month after dominating a large primary field.

One commissioner who supports Pearson said that Republican legislative leaders have threatened to cut funding for the county if it sends Pearson back to the legislature. GOP lawmakers have also retaliated against Nashville for thwarting their plans to host the 2024 Republican convention by, among other things, passing a bill to cut the 40-member Metro Council in half, but that effort was temporarily blocked by a court on Monday.

Mayors and County Leaders

Allegheny County, PA Executive: The first poll we've seen of the May 16 Democratic primary is an early March survey from the GOP firm Public Opinion Strategies for the "business-organized labor-workforce-economic development alliance" Pittsburgh Works Together, and it shows county Treasurer John Weinstein leading Pittsburgh Controller Michael Lamb 28-24 as state Rep. Sara Innamorato took 17%. No other candidate earned more than 2% in the nomination fight to succeed termed-out incumbent Rich Fitzgerald in this loyally blue community.

WESA's Chris Potter writes that, while party insiders "say the numbers track with other internal polls taken in March," much has happened since this POS survey was conducted. Weinstein launched his first ads in late February and had a monopoly on the airwaves for weeks, but Lamb, Innamorato, and attorney Dave Fawcett have since started running commercials. Weinstein also has attracted weeks of scrutiny over his ethics in office, including what Potter weeks ago characterized as "alleged secret deals to be returned to the board of the county's sewer authority."

Philadelphia, PA Mayor: A judge on Monday issued a temporary order banning grocer Jeff Brown’s super PAC allies from spending more money on his behalf, a move that came after the Philadelphia Board of Ethics filed a lawsuit alleging that Brown and For A Better Philadelphia had improperly coordinated ahead of the May 16 Democratic primary. The PAC’s attorney said that the group, which has spent $1.1 million, had finished its spending for the campaign and would agree to the order, though it pushed back on the board’s claims. A full hearing is set for April 24.

The board alleges that Brown “engaged in extensive fundraising” for the PAC’s nonprofit arm, which in turn financed its electoral efforts. The candidate’s attorney disputes this, calling the suit “a disagreement on campaign finance between the lawyers.”

Morning Digest: Democrats will soon have the chance to undo Wisconsin GOP’s new Senate supermajority

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

Subscribe to The Downballot, our weekly podcast

Leading Off

WI State Senate: Though Wisconsin Republicans just captured a supermajority in the state Senate earlier this month, they could soon give it back: Just before the Thanksgiving holiday, longtime GOP state Sen. Alberta Darling announced she'd resign effective Dec. 1, a move that will require Democratic Gov. Tony Evers to call a special election.

Republicans made Darling's 8th District a few points redder under the tilted map they convinced the conservative-dominated state Supreme Court to adopt in April: Under the old lines, Donald Trump carried the 8th by a hair, 49.4 to 49.3, but the current iteration would have backed Trump 52-47, according to Dave's Redistricting App. In the just-concluded midterms, Republican Sen. Ron Johnson won the district 54-46, according to our calculations, while GOP gubernatorial nominee Tim Michels prevailed by a smaller 52-48 spread.

Darling won re-election for a four-year term in 2020 in the old district, but since the new map is now in effect, state constitutional law expert Quinn Yeargain concludes that the new lines will likely be used. But despite the seat's GOP lean, Democrats will contest this seat to the utmost.

Republicans were able to take a two-thirds majority this year by flipping the open 25th District in the northwestern part of the state—another seat they gerrymandered—giving them 22 seats in the 33-member Senate. As a result, if Republicans in the Assembly impeach any state officials, their counterparts in the upper chamber can now remove them from office without a single Democratic vote. And if they were to impeach Evers, he'd be suspended from office until the end of a trial in the Senate, which Republicans could try to drag out even if they lack the votes to convict.

Rolling back this supermajority will therefore be critical for Democrats. One thing working in the party's favor is the fact that the suburbs and exurbs north of Milwaukee where Darling's district is based have been moving to the left in recent years—a key reason Republicans tried to gerrymander this seat further. One potentially strong option, however, has already said no: state Rep. Deb Andraca, who represents a third of the district, took herself out of the running on Monday.

Since Wisconsin "nests" three Assembly districts in each Senate district, there are two other seats that make up the 8th, both held by Republicans. One, Dan Knodl, says he's "seriously considering" a campaign; the other, Janel Brandtjen, doesn't appear to have said anything yet. (Brandtjen, an election denier, was recently barred from private meetings of the Assembly GOP caucus after supporting a primary challenge to Speaker Robin Vos.)

It's not clear when exactly the special will be held, but in her statement declining a bid, Andraca suggested it would take place "this spring." Wisconsin is set to hold its annual "spring election" for state and local offices on April 4, so this race could potentially be consolidated with those contests.

Election Recaps

AK-Sen, AK-AL, AK-Gov: Alaska conducted instant-runoff tabulations one day before Thanksgiving, and Republican Sen. Lisa Murkowski and Democratic Rep. Mary Peltola each won re-election after their respective opponents failed to consolidate enough support to pull ahead. Hardline GOP Gov. Mike Dunleavy, meanwhile, claimed a bare majority of the first-choice preferences, so election officials did not do the ranked choice process for his race.

Murkowski held a tiny 43.4-42.6 edge over intra-party rival Kelly Tshibaka, a former state cabinet official backed by Donald Trump, with Democrat Pat Chesbro and Republican Buzz Kelley taking 10% and 3%, respectively. But Murkowski, who has crossed party lines on some high-profile votes, always looked likely to take the bulk of Chesbro's support, and she emerged with a clear 54-46 win when tabulations were complete.

Tshibaka responded to her defeat by blasting Senate Minority Leader Mitch McConnell's allies at the Senate Leadership Fund for deploying "millions of dollars in this race on deceptive ads to secure what he wanted—a Senate minority that he can control, as opposed to a majority he could not." Trump weeks before the election also ranted that "[t]he Old Broken Crow, Mitchell McConnell, is authorizing $9 Million Dollars to be spent in order to beat a great Republican" rather than target Democratic Sen. Mark Kelly in Arizona, though SLF itself only ended up spending $6.1 million in Alaska.

Peltola, meanwhile, began Wednesday with 49% of the vote while two Republican rivals, former reality TV star Sarah Palin and businessman Nick Begich III, clocked in at 26% and 23%; the balance went to Libertarian Chris Bye. While Palin had announced her chief of staff the day after the election, reality made his services unnecessary: Peltola ended up beating Palin by a staggering 55-45 after the instant-runoff process was finished, a big shift from her 51.5-48.5 upset win in their August special election contest. Peltola will be one of five House Democrats in a Trump seat in the 118th Congress, and hers will be the reddest of the bunch.

Dunleavy, finally, claimed an outright win with 50.3%. His two main rivals, former Democratic state Rep. Les Gara and former independent Gov. Bill Walker, took 24% and 21%, respectively, while the remainder went to Republican Charlie Pierce, who was challenging the already staunchly conservative Dunleavy from the right. Gara and Walker both said they'd be ranking the other as their second choice, but we don't know how many of their respective supporters followed their lead.

Seattle, WA Ballot: Seattle has narrowly voted to replace its municipal top-two primaries with a ranked choice system by 2027, though voters will still need to go to the polls in two different elections even after the switch takes place.

Candidates for mayor, city attorney, and the City Council will continue to compete on one nonpartisan primary ballot, but voters will be able to rank their preferred choices instead of selecting just one option. The two contenders who emerge with the most support after the ranked choice tabulations are completed will advance to the general election, where voters would select just one choice. This is different from several other American cities like Minneapolis, Oakland, and San Francisco where all the contenders compete in a single election decided through instant-runoff voting.

It's not clear yet if the new ranked choice system will be in place in time for Seattle's next mayoral race in 2025. A spokesperson for King County's elections department explained that software and ballot updates, as well as tests and voter education, will be needed, saying, "It is possible that we may be able to roll it out before 2027, but until we're able to dive into the details with the city and state, we won't know." Officials also will need to decide how many candidates a voter can rank.

Seattleites earlier this month were presented with a two-part ballot measure called Proposition 1. The first asked voters whether they wanted to replace the top-two primary for city offices, and voters answered in the affirmative by a 51-49 margin. They were then asked if they wanted to adopt ranked choice voting or approval voting if voters on part one favor changing the status quo, and ranked choice won 76-24.

This contest took place because backers of approval voting collected enough signatures for a referendum to bring it to the Emerald City: The approval voting system, which is used in St. Louis, allows voters to cast as many votes as there are candidates, with up to one vote per contender and each vote counting equally. The City Council, though, responded by also placing a ranked choice question on the ballot as a rival option.

The group supporting approval voting enjoyed a huge financial edge thanks to enormous contributions from the Center for Election Science, a pro-approval voting organization funded by Facebook co-founder Dustin Moskovitz, as well as now-former cryptocurrency billionaire Sam Bankman-Fried: The dramatic failure of Bankman-Fried's preferred option, though, turned out to be far from the worst news he got in mid-November.

Georgia Runoff

GA-Sen: AdImpact tells Politico that Democratic Sen. Raphael Warnock and his outside group allies have outspent Republican Herschel Walker’s side by a lopsided $31 million to $12 million from Nov. 9 to Nov. 28 on TV, radio, and digital ads. The GOP has a $7 million to $5 million advantage in ad time for the remaining week of the contest, though this number can change if new spots are purchased.

Warnock’s campaign alone has outpaced Walker $15 million to $5 million through Monday, an important advantage since FCC regulations give candidates—but not outside groups—discounted rates on TV and radio. The senator was able to amass this sort of spending lead because he’s also continued to overwhelm Walker in the fundraising department: Warnock outraised his foe $51 million to $20 million from Oct. 20 to Nov. 16 and concluded that period with a $30 million to $10 million cash-on-hand lead.

Warnock’s supporters at the Senate Majority PAC affiliate Georgia Honor also outspent their GOP counterparts at the Senate Leadership Fund $13 million to $5 million, though SLF is hoping one prominent surrogate will help them overcome that disadvantage. Just before Thanksgiving the group debuted a spot starring Gov. Brian Kemp, who won re-election outright 53-46 on Nov. 8 as Walker lagged Warnock 49.4-48.5: While Kemp didn’t campaign with the Senate nominee during the first round, he now pledges to the audience, “Herschel Walker will vote for Georgia, not be another rubber stamp for Joe Biden.”

Walker also has benefited from a $1.5 million ad buy from the NRA that began shortly ahead of Thanksgiving. The candidate additionally is running his own ad attacking Warnock’s character.

Senate

OH-Sen: Axios published a profile of venture capitalist Mark Kvamme last week where it briefly noted the Republican "also acknowledges that he's had informal talks about running for public office, possibly as a challenger to Sen. Sherrod Brown in 2024."

Senate: The Associated Press' Michelle Price takes a very early look at the 2024 Senate battleground map and gives us some new information in several key races:

NV-Sen: Army veteran Sam Brown, who lost this year's Senate primary 56-34 after running an unexpectedly well-funded campaign against frontrunner Adam Laxalt, is being mentioned as a prospective foe against Democratic incumbent Jacky Rosen. A Brown advisor didn't rule anything out, saying, "He has committed to his supporters that he will never stop fighting for their issues, but he has not made any decisions as to whether that involves a future run for office."

PA-Sen: Neither former hedge fund manager Dave McCormick nor Big Lie spreader Kathy Barnette, who both lost this year's Senate primary to Mehmet Oz, would respond to Price's inquiries about a campaign against Democratic Sen. Bob Casey. An unnamed person close to McCormick told Politico all the way back in June that he was considering the idea.

UT-Sen: An advisor for Attorney General Sean Reyes said of a possible GOP primary challenge to incumbent Mitt Romney, "He's certainly set up to run, but it does not mean he's considering it." The Deseret News wrote earlier this month that Reyes was "actively pursuing a campaign" against Romney, who has not announced if he'll seek a second term.

WI-Sen: GOP Rep. Mike Gallagher deflected Price's questions about his interest in taking on Democratic Sen. Tammy Baldwin, merely saying, "Any talk of the next election, especially since we just had an election, distracts from the serious work we need to do."

Governors

KY-Gov: Republican state Sen. Ralph Alvarado, who just months ago expressed interest in running for governor of Kentucky, has very firmly taken himself out of the running by accepting the post of health commissioner of Tennessee.

LA-Gov: Lt. Gov. Billy Nungesser told the Lafayette Daily Advertiser's Greg Hilburn on Sunday that it "will absolutely make a difference in my decision" whether or not his fellow Republican, Sen. John Kennedy, runs in next year's all-party primary. Nungesser, though, seems to think that Kennedy will make his plans known in the next month-and-a-half, because he says his own announcement will come Jan. 10.

Hilburn also relays that another Republican, Rep. Garret Graves, "will also likely wait on Kennedy to make a final decision." However, he notes that Graves may opt to stay put no matter what due to his rising status in the House leadership.

House

NM-02: Outgoing GOP incumbent Yvette Herrell last week filed FEC paperwork for a potential 2024 rematch against Democratic Rep.-elect Gabe Vasquez, who unseated her 50.3-49.7. These super-early filings from defeated candidates, as we recently noted, often have more to do with resolving financial matters from their last campaign than they do about the future, though the Republican hasn't said anything publicly over the last week about her plans.

Herrell may also be hoping for a favorable ruling from the state Supreme Court, which will hear oral arguments in January in a case brought by Republicans alleging that the congressional map violates the state constitution as a partisan gerrymander. Herrell lost this month's contest to Vasquez in a constituency that favored Biden 52-46.

VA-04: Democratic Rep. Don McEachin, who has represented Virginia’s 4th Congressional District since 2017, died on Monday night at the age of 61 due to colorectal cancer. We will have a detailed look at his career in the next Digest.

Legislatures

AK State Senate, AK State House: Following Wednesday's tabulation of ranked-choice votes in races where no candidate won a majority on Nov. 8, nine Democrats and eight Republicans in Alaska's state Senate announced the formation of a bipartisan majority coalition, similar to one that held sway in the chamber from 2007 to 2012. The situation in the House, however, remains uncertain.

The alliance ends a decade of Republican control over the Senate, though GOP Sen. Gary Stevens will hold the top role of president, a position he served in during the last bipartisan coalition. That leaves just three far-right Republicans out in the cold; Stevens said they've been "difficult to work with" and specifically cited the fact that they've voted against state budgets their own party had crafted. (Members of the majority are required to vote for the budget, a system known as a "binding caucus" whose enforcement is evidently now being given effect.)

The House has likewise been governed by a shifting consortium of Democrats, independents, and Republicans since 2017, but it's not clear whether such an arrangement will continue. While Republicans lost two seats in the Senate, they retained nominal control of 21 seats in the House—theoretically enough for a bare majority. One of those, however, belongs to House Speaker Louise Stutes, a member of the current coalition, while another is represented by David Eastman, a member of the far-right Oath Keepers who is disliked by many fellow Republicans for his obstructionism.

There are many possible permutations that could result in either side winding up in charge. One big question mark is state Rep. Josiah Patkotak, a conservative independent and coalition member who could potentially join forces with the GOP. Another is the 15th District, where Republican Rep. Tom McKay leads Democrat Denny Wells by just four votes after ranked-choice tabulations; Wells says he will likely seek a recount after results are certified on Tuesday.

Whatever happens, we could be in for a long wait: Following both the 2018 and 2020 elections, alliances in the House weren't finalized until February, so it wouldn't be a surprise to see a similar delay this time.

NH State House: Control of the New Hampshire state House remains up in the air after a wild election night and even wilder post-election period that saw Democrats make big gains and left Republicans with just a 201-198 advantage—plus one tied race that could get resolved in a special election.

Even though the GOP will hold a bare majority no matter what happens, that may not be enough to elect a Republican speaker when the chamber—the largest state legislative body in the nation—is sworn in on Dec. 7. Absences are frequent in this part-time legislature, where lawmakers are paid just $100 a year and receive no per diem. Given that reality, a different majority could show up every time the House convenes, a truly chaotic situation that could result in a new speaker every time unless the parties hammer out a power-sharing agreement.

Members will also have to decide what to do in Strafford District 8 (known locally as Rochester Ward 4), which ended in a tie following a recount after election night results put Republican challenger David Walker up just a single vote on Democratic state Rep. Chuck Grassie. The House could simply vote to seat whichever candidate it likes in a raw display of partisan power, or it could order a special election, as was done on at least three prior occasions. In one bizarre case in 1964, however, legislators opted to seat both candidates in a tied race—and gave them half a vote each.

In the event of a special election, though, expect both sides to go all out, especially given the swingy nature of this district, which would've voted 51-47 for Joe Biden. And expect more specials in the near future either way, as resignations are also a regular occurrence in the New Hampshire House.

VA State House, Where Are They Now?: Former Rep. Tom Garrett, a Republican who dropped out of his 2018 bid for a second term in bizarre fashion after winning renomination, has announced that he'll run in next year's race for a safely red open seat in the state House. Garrett, who previously served in the state Senate, kicked off his campaign at the Virginia Civil Rights Monument on the state Capitol grounds in Richmond rather than in the rural 56th District to what the Richmond Times-Dispatch's Charlotte Rene Woods calls a "crowd of five."

Garrett said he was choosing that monument both because he admires Barbara Johns, one of the Civil Rights heroes depicted, and because this was the very place he ended his 2018 re-election campaign. The Republican back then disclosed he was leaving Congress to focus on his fight with alcoholism, and he now says, "I haven't had to drink in four-and-a-half years. As soon as I start declaring victory over anything, it will come back and tap me on the shoulder."

Garrett, though, doesn't appear to have mentioned how the House Ethics Committee issued a lengthy report on his final day in office determining that he'd violated House rules by directing his staff to run personal errands for him. Staffers also told the committee that the congressman's wife "would berate staff, often using profanity and other harsh language, for failing to prioritize her needs over their regular official duties." The report additionally accused the Garretts of deliberately dragging their feet during the investigation so that they could run out the clock and avoid censure before the congressman's term expired.

Mayors and County Leaders

Allegheny County, PA Executive: Pittsburgh City Controller Michael Lamb announced Monday that he would compete in what could be a busy May 2023 Democratic primary to succeed incumbent Rich Fitzgerald, who cannot seek a fourth term as head of this populous and reliably blue county. Lamb, who is the uncle of outgoing Rep. Conor Lamb, carried Allegheny County 77-12 in his 2020 primary for state auditor general even as he was losing statewide 36-27 to Nina Ahmad. (Ahmad in turn lost to Republican Timothy DeFoor.)

WESA reporter Chris Potter describes the city comptroller as "the rare politician who travels easily in Democratic Party circles while also having been an outspoken government reformer," noting that, while he's "not necessarily a political firebrand," Lamb "seems likely to incorporate some progressive concerns with county government, especially on matters of criminal justice." Lamb previously won renomination in 2015 by beating back a Fitzgerald-endorsed foe, and Potter says the two have a "wary relationship."

Lamb's only announced intra-party opponent is Erin McClelland, who came nowhere close to unseating GOP Rep. Keith Rothfus in her 2014 and 2016 campaigns for the old and dark red 12th Congressional District. McClelland, who has worked as a project manager for the county's social-services department, kicked off her bid in August by saying she expected to face both the "old-boys network" and opponents who "dive into performative propaganda on a social media post."

Potter also relays that observers anticipate that former County Councilor David Fawcett and state Rep. Sara Innamorato will compete in the Democratic primary. Fawcett, whom Potter calls a "celebrated attorney," served on the Council as a Republican from 2000 to 2007 before waging an aborted 2016 bid for the Democratic nomination for attorney general.

Innamorato, for her part, rose to prominence in 2018 when the Democratic Socialists of America member defeated incumbent Dom Costa for renomination; that victory came the same night that her ally Summer Lee, who was also backed by DSA, scored an upset of her own against another Costa brother, state Rep. Paul Costa. Innamorato went on to support now-Pittsburgh Mayor Ed Gainey and Lee in her own successful 2022 campaign for the new 12th District.

We unsurprisingly haven't seen any notable Republicans mentioned for the race to lead a county that Biden took 59-39 and where Team Blue did even better in this year's Senate and governor races. Republican James Roddey actually did win the 1999 contest for what was a newly created office, but he badly lost re-election four years later to Democrat Dan Onorato. The GOP hasn't come anywhere close to retaking the post since then, and Fitzgerald won his final term in 2019 in a 68-32 landslide.  

Philadelphia, PA Mayor: Former Municipal Court Judge Jimmy DeLeon, who recently retired after 34 years on the bench, announced shortly before Thanksgiving that he was joining the May 2023 Democratic primary, promising to be a "no-shenanigans-let's-follow-the-law-there-will-be-order-in-the-courtroom" mayor. Billy Penn says that there was little chatter about DeLeon running until he jumped in last week.  

DeLeon, who unsuccessfully ran for the Pennsylvania Supreme Court and state Superior Court during the 2000s, was sanctioned by the Court of Judicial Discipline in 2008 for issuing "a bogus 'stay away order' on behalf of a social acquaintance." DeLeon says of that incident, "I made a mistake, and I was given a second chance … That's why I believe in second chances."

Morning Digest: Oregon Republicans threatens suit to overturn election results because of attack ad

The Daily Kos Elections Morning Digest is compiled by David Nir, Jeff Singer, Stephen Wolf, Daniel Donner, and Cara Zelaya, with additional contributions from David Jarman, Steve Singiser, James Lambert, David Beard, and Arjun Jaikumar. Click here to subscribe.

Leading Off

OR-06: Here's something you don't see often—or ever: Republican Mike Erickson released an internal poll showing him leading his Democratic opponent, Andrea Salinas, the very same day that he filed a lawsuit demanding Salinas take down an attack ad by citing a law that he recently threatened to use to overturn the election should he lose.

To pick apart this strange turn of events, we'll start with Erickson's survey from Cygnal, which shows him beating Salinas 44-39 in Oregon's brand new 6th District, a seat Joe Biden would have taken 55-42. The last polls we saw out of this district, which is based in the Salem area and Portland's southwestern suburbs, were both from mid-August: The GOP firm Clout Research gave Erickson an even larger 43-34 advantage, while a GBAO internal for Salinas had her up 48-45.

Despite these optimistic numbers for Republicans, however, both the Congressional Leadership Fund and the NRCC have so far avoided spending here, even though their opponents at the DCCC and House Majority PAC have together dropped over $1.4 million. Given the district's lean, it's exceedingly unlikely that the GOP's two biggest House groups have steered clear of this race because they feel supremely confident, especially since a conservative organization called Take Back Oregon PAC just launched a $300,000 TV buy this week.

Salinas' side has run several commercials focusing both on allegations that Erickson paid for a girlfriend to have an abortion in 2000—years before Herschel Walker did the same—as well as stories around his 2016 arrest. The latter is the focus of his new lawsuit and a cease and desist notice he recently sent to Salinas. In that letter, Erickson threatened to invoke a state law that the Oregon Capitol Chronicle writes "prohibits knowingly making false statements about a candidate, political committee or ballot measure."

Reporter Julia Shumway explains, "If a judge determines that a candidate made a false statement that cost their opponent an election, the law states that the candidate will be removed as a nominee or elected official." But she adds, "Over several decades, Oregon courts have interpreted that law to exclude opinions or statements that could reasonably be interpreted as true." It's also not clear whether this law has ever been successfully employed to reverse the results of an election, and Erickson's attorney, Jill Gibson, cited no such examples in her letter.

In his newly filed lawsuit, Erickson didn't actually present any demands regarding overturning the upcoming election but instead asked a state court to order Salinas to stop airing the ads in question and "to retract the false statements by airing correction advertisements with the same frequency and broadcast location as the false advertisements." He is also seeking $800,000 in monetary damages, which he claims would cover the cost of "commercials to correct the false statements."

The complaint insists that Salinas' ads are "false" because Erickson "has never been charged with illegal possession of drug." To that end, Gibson's letter cited a recent story from The Oregonian in which Hood River County District Attorney Carrie Rasmussen said that the court documents that those allegations came from were incorrect.

Instead, Erickson's attorney from that case, Tara Lawrence, insisted that she'd made a "mistake" by filing a plea agreement stating that the Rasmussen's office had "agreed to dismiss felony possession of controlled substance upon tender of guilty plea." An attorney for Salinas, however, cited that very statement in support of the ad's truthfulness in a letter and argued that "a charge is a charge, whether or not the DA files it."

Before Erickson filed his lawsuit, Salinas' campaign shrugged off his threats, saying in a statement, "Mike Erickson's threats to overturn the election if he doesn't win should raise major concerns for Oregonians who cherish democracy."

The Downballot

After an eruption of even more scandals among Republican Senate candidates, FiveThirtyEight's Nathaniel Rakich returns to The Downballot this week to discuss the effect these sorts of scandals can have on competitive races; whether Democrats stand a chance to keep the House; and the different ways pollsters create likely voter models.

Co-host David Beard and guest host Joe Sudbay also discuss Dr. Oz, puppy killer; the GOP's hypocrisy regarding Herschel Walker's ever-growing list of scandals; Texas Attorney General Ken Paxton’s desperate attempts to avoid testifying in an abortion case; and Brazil's presidential runoff, where former President Luiz Inacio Lula de Silva remains the favorite despite far-right incumbent Jair Bolsonaro's better-than-expected first-round showing.

Please subscribe to The Downballot on Apple Podcasts or wherever you listen to podcasts. You can also find a transcript for this week's episode right here.

3Q Fundraising

  • CO-Sen: Joe O'Dea (R): $2 million raised, additional $1 million self-funded
  • GA-Sen: Herschel Walker (R): $12 million raised, $7 million cash-on-hand
  • OH-Sen: Tim Ryan (D): $17.2 million raised
  • PA-Sen: John Fetterman (D): $22 million raised
  • WI-Sen: Mandela Barnes (D): $20 million raised
  • GA-Gov: Brian Kemp (R-inc): $29 million raised, $15.4 million cash-on-hand
  • OH-Gov: Mike DeWine (R-inc): $1.5 million raised (in September), $12.5 cash-on-hand; Nan Whaley (D): $1.2 million raised (in September), $3.9 million cash-on-hand
  • CA-22: Rudy Salas (D): $1.2 million raised
  • CO-08: Yadira Caraveo (D): $1.5 million raised, $550,000 cash-on-hand
  • FL-15: Alan Cohn (D): $400,000 raised
  • IA-02: Ashley Hinson (R-inc): $1.25 million raised, $1.7 million cash-on-hand
  • IL-17: Eric Sorensen (D): $1.5 million raised
  • MT-01: Monica Tranel (D): $1.1 million raised
  • NH-02: Annie Kuster (D-inc): $1 million raised, $2.6 million cash-on-hand
  • NM-02: Gabe Vasquez (D): $1.55 million raised
  • NY-18: Pat Ryan (D-inc): $2.25 million raised, $600,000 cash-on-hand; Colin Schmitt (R): $500,000 raised, $500,000 cash-on-hand
  • PA-17: Chris Deluzio (D): $1.4 million raised
  • VA-02: Jen Kiggans (R): $1 million raised
  • VA-07: Abigail Spanberger (D-inc): $2.2 million raised

Senate

CO-Sen: Ron Hanks, a far-right state representative who lost the June Republican primary to Joe O'Dea 54-46, announced this week that he was endorsing Libertarian Brian Peotter as "the only conservative on the ballot." Hanks made it clear exactly what he thought of his former intra-party rival in his statement, declaring, "There is only a fake Republican, a pay-to-play opportunist with no conservative values or agenda. He merits no support, and he's not likely to get much." Hanks added, "Let the COGOP know we will have a party with conservative principles, not squishy candidates with a power fetish."

GA-Sen: While Republican Herschel Walker has spent days insisting that he did he not pay for his then-girlfriend to have an abortion in 2009 and that he also doesn't know who his accuser could be, the Daily Beast reported Wednesday night that the woman in question had a child with Walker a few years after her abortion. The woman, whose identity the publication has withheld, said of Walker's denials, "Sure, I was stunned, but I guess it also doesn't shock me, that maybe there are just so many of us that he truly doesn't remember." She continued, "But then again, if he really forgot about it, that says something, too."

The next day, Walker held a press conference where he again denied that he even knew who this woman was. However, the Daily Beast further reported that back in June, when the site first broke the news that Walker was father to three previously undisclosed children, the candidate himself had confirmed she was the mother of one of them.

Just before these latest developments, Walker released an ad against Democratic Sen. Raphael Warnock that played footage of a Democratic commercial focused on reports that the Republican had threatened to kill his ex-wife. "As everyone knows, I had a real battle with mental health—even wrote a book about it," Walker declared. CNN's Andrew Kaczynski quickly noted that this spot, which was aired "presumably in response to Daily Beast story," mentioned Walker's 2008 memoir, which was published the year before the candidate allegedly paid for the abortion.

NC-Sen: NBC reports that Senate Majority PAC has booked an additional $4 million to help Democrat Cheri Beasley, a move that will bring its total spending here to $10.5 million. The reservation comes at a time when Republican outside groups have been deploying considerably more money here than Democrats: While Politico reported Tuesday that Beasley has outspent Republican Ted Budd by $9 million in advertising, data from OpenSecrets shows that Budd's super PAC allies have outpaced Beasley’s supporters $34.9 million to $7.8 million.

NE-Sen: Nebraska Sen. Ben Sasse announced on Thursday that he would resign to become president of the University of Florida, which has named the Republican as the sole finalist for the post. Multiple media outlets report that Sasse's departure will occur before the end of the year, which would allow Republican Gov. Pete Ricketts, who will leave office in early 2023, to appoint a successor. The Nebraska Examiner says that a special election would take place for the final two years of Sasse's term in 2024, when fellow GOP Sen. Deb Fischer will also be up.

Sasse held the post of president of Midland University in Nebraska when he entered the 2014 primary to succeed Sen. Mike Johanns, a fellow Republican who unexpectedly decided to retire after one term. Sasse had the backing of the deep-pocketed Club for Growth but still looked like the underdog for most of his campaign against former state Treasurer Shane Osborn, a retired Navy pilot who was detained by China in 2001 after his plane collided with a Chinese fighter.

Osborn's bid, however, began to fall apart weeks before the primary after the media reported that he'd distributed a bogus Navy memo to defend his decision to land in China. Sasse soon pulled ahead in the polls, while his allies took action late in the campaign to stop a third contender, wealthy banking executive Sid Dinsdale, from sneaking through. Ultimately, Sasse beat Dinsdale by a convincing 49-22 margin, and he easily won the general election in this red state.

The new senator became a media favorite in D.C., especially after he emerged as a loud Donald Trump critic during the 2016 campaign, saying at one point that "if the Republican Party becomes the party of David Duke, Donald Trump, I'm out." Sasse, though, was anything but out after Trump took the White House, and while he still vocally trashed him at times, the senator nevertheless loyally voted the administration's way.

There was talk in 2020 that Sasse could be on the receiving end of a Trump-inspired primary challenge, but no one serious emerged even before Trump himself endorsed the incumbent. Sasse had no trouble winning a second term, though he went on to become one of seven Senate Republicans to vote to convict Trump the next year following his second impeachment. The Nebraskan, though, still voted the party line on all other major issues.

UT-Sen: Put Utah First, a group funded by Democratic megadonor Reid Hoffman, has dropped another $900,000 to aid conservative independent Evan McMullin, which takes its total investment here to $2.65 million.

Polls:

  • AZ-Sen: SSRS for CNN: Mark Kelly (D-inc): 51, Blake Masters (R): 45
  • IA-Sen: Cygnal (R) for Iowans for Tax Relief: Chuck Grassley (R-inc): 54, Mike Franken (D): 40 (July: 52-43 Grassley)
  • NV-Sen: SSRS for CNN: Adam Laxalt (R): 48, Catherine Cortez Masto (D-inc): 46

Governors

OR-Gov: Republican Christine Drazan has debuted a commercial accusing Democrat Tina Kotek of blocking an investigation into sexual abuse allegations, but The Oregonian's Jamie Goldberg writes, "Even by the traditionally loosened standards for political ads, that assertion is untrue, according to independent investigations and news reports."

Drazan's commercial declares that as speaker of the state House, Kotek "blocked an investigation into repeated sexual abuse because she was worried about how it would make her look." The complaints in question were about Republican Jeff Kruse—a member of the state Senate, not the state House. Unsurpirsingly, the speaker noted after the allegations became public that she had no influence over members of the upper chamber and said she did not have knowledge of the complaints against Kruse.

Goldberg writes, "No subsequent news reporting has showed Kotek covered up sexual abuse, although she did provide privacy to some victims who spoke up after 2018 to allege harassment by House members." The speaker was one of several lawmakers who initially refused to comply when the state Labor Bureau issued subpoenas after legislative attorneys argued the requests documents could reveal the identity of Kruse's accusers, but Goldberg says that a court order ultimately led Kotek and others to comply.

Polls:

  • AZ-Gov: SSRS for CNN: Katie Hobbs (D): 49, Kari Lake (R): 46
  • IA-Gov: Cygnal (R) for Iowans for Tax Relief: Kim Reynolds (R-inc): 59, Deidre DeJear (D): 38 (July: 56-41 Reynolds)
  • MN-Gov: SurveyUSA for KSTP: Tim Walz (D-inc): 50, Scott Jensen (R): 40 (Sept.: 51-33 Walz)
  • NV-Gov: SSRS for CNN: Joe Lombardo (R): 48, Steve Sisolak (D-inc): 46

House

FL-13: Progress Pinellas has dropped another $2.2 million to support Democrat Eric Lynn, which takes its total investment here to $6.7 million. The Tampa Bay Times reported in April that the group is funded by hedge fund manager Justin Ishbia, a Lynn cousin who usually contributes to Republicans.

MI-07: The Congressional Leadership Fund is running a new ad attacking Democratic Rep. Elissa Slotkin over recent reports that she’s been leasing a condo from a donor named Jerry Hollister, who serves as director of government relations for a medical manufacturing company called Niowave. CLF cites a Detroit News story noting that Slotkin had signed a 2020 letter supporting a Department of Energy program that awarded a total of $28 million to Niowave in 2019 and 2021, which the narrator suggests is "shady."

Slotkin's campaign responded to the initial stories by noting that she never mentioned Niowave in that missive, and that the Republican she defeated in 2018, Rep. Mike Bishop, had previously signed a similar letter. Her team declared the congresswoman had "never done anything in Congress that inappropriately benefits his company" and that she was "paying market rate rent to a landlord, just like thousands of mid-Michiganders."

MN-02: The Minnesota Reformer's Deena Winter reported Wednesday that, while Republican Tyler Kistner spent his unsuccessful 2020 campaign suggesting that he'd been in combat, Marine records show that was never the case. Winter notes that Kistner, who is again the GOP nominee, would have received a combat action ribbon had he seen battle, which he's acknowledged he doesn't have.

Two years ago, Kistner was facing off against several fellow Republicans, including Air Force veteran Erika Cashin, ahead of the GOP party convention, where Minnesota nominations are often decided. Kistner said at the time he couldn't turn over documents about his service, but he declared in the lead up to the gathering that he'd put the enemy "six feet under" and had "been on the wrong end of a loaded weapon." The candidate also referenced the wars in Iraq and Afghanistan and said, "I've been in such conflicts."

Cashin said in response at the time, "Tyler Kistner has said he is 'the most decorated military member in this race,' and has made multiple statements needing clarification." She also challenged him to release his records, arguing, "Tyler can put these questions to rest by simply releasing his DD 214 and proving what he has said is true." Kistner, though, won the party endorsement without publicizing those documents, and Cashin and his other foes dropped out afterwards rather than go on to the primary. Kistner ultimately lost the general election to Democratic Rep. Angie Craig 48-46.

The Congressional Leadership Fund, which is backing Kistner's second bid to unseat Craig, had been airing an ad saying he'd been in "four combat deployments." The progressive group VoteVets, though, asked stations to take down these spots because Kistner had actually served in Japan and Korea, which are not combat zones. CLF, for its part, claims it distributed an "incorrect version of the ad and fixed it ourselves on the same day."

A Kistner consultant named Billy Grant insisted his client had never lied during the 2020 race. Grant told Winter that the "six feet under" line referred to an operation where a "partner force effectively killed more than eight violent extremist organizations in the North African region," where Kistner helped coordinate the evacuation of seven injured soldiers. Grant also argues that Kistner had been telling the truth about being on the "wrong end of a loaded weapon" because he'd gotten into an argument with an allied commander who had pulled a gun on him before the matter was resolved.

NY-11, NY-19: Siena College is out with a pair of surveys for Spectrum News giving each party the lead in a New York House contest.

Over in the 11th District, which includes all of Staten Island and a portion of Brooklyn, freshman Republican Rep. Nicole Malliotakis enjoys a 49-43 edge in her rematch against Democrat Max Rose. The sample also finds Republican Lee Zeldin with a small 46-42 advantage against Democratic Gov. Kathy Hochul in a constituency Trump would have taken 53-46.

In the Hudson Valley-based 19th, meanwhile, Siena has Democrat Josh Riley beating Republican Marc Molinaro 46-41. The school also finds Zeldin ahead 46-45 in this swingy turf, which would have backed Biden 51-47.

Attorneys General & Secretaries of State

AZ-SoS, NV-SoS: SSRS, polling for CNN, finds election deniers with small leads in a pair of secretary of state races taking place in crucial swing states. Mark Finchem posts a 49-45 edge over Democrat Adrian Fontes in Arizona, while fellow Republican Jim Marchant enjoys a similar 46-43 edge against Cisco Aguilar in Nevada. Last week, the progressive group End Citizens United released internals from GSG showing Fontes ahead 46-44. Fontes is also getting some new outside support, as CNN reports that the Democratic organization iVote will spend $5 million to aid him.

IA-AG: The Republican firm Cygnal's new survey for the conservative Iowans for Tax Relief shows Republican Brenna Bird outpacing longtime Democratic Attorney General Tom Miller 46-43. Back in July, Cygnal found Miller, who is seeking a historic 11th term, ahead by a narrow 45-44 margin.

IN-SoS: IndyPolitics.com recently published a story in which two women charged that Diego Morales, who is the Republican nominee for secretary of state, sexually harassed and groped them. One said the incident took place in 2007, while the other said her encounter with Morales took place a few years later. Morales soon put out a statement saying, "The claims being made against me are false and I unequivocally deny all of them." He faces Democrat Destiny Wells in November.

Ad Roundup

Morning Digest: Senate GOP has a big ad spending edge, but Democrats get more ‘bang for their buck’

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

Subscribe to The Downballot, our weekly podcast

Leading Off

Senate: NBC reports that Republicans have outspent Democrats $106 million to $93 million over the last three weeks across the nine Senate battlegrounds, but, because so many GOP candidates are relying on super PACs to make up for their underwhelming fundraising, they aren't getting as much "bang for their buck" as their rivals. That's because, as we've written before, FCC regulations give candidates—but not outside groups—discounted rates on TV and radio.

Perhaps no race better demonstrates this in action than the Arizona Senate race. The GOP firm OH Predictive Insights relays that during the week of Sept. 19, Democratic Sen. Mark Kelly and his allies outspent Republican Blake Masters' side 52-48 in advertising. Anyone just looking at raw dollar amounts would conclude that the two parties aired about the same number of ads during this period, but that's not the case at all. In reality, Kelly's side had a 4-1 advantage in ​​gross ratings points, which measure how many times, on average, members of an ad's target audience have seen it.

Republicans can blame Masters, whom NBC says has spent all of $9,000 on ads during most of September, for much of the imbalance. The Senate Leadership Fund last week canceled all its planned ad time in Arizona while arguing that other super PACs would step in, and this data shows why Masters badly needs this prediction to finally come true.

Outside groups, though, can still air more ads than well-funded candidates if they're willing and able to spend massive amounts the way the GOP is in Ohio. Cleveland.com's Andrew Tobias reports that Republicans are airing 20% more commercials than their Democratic foes in the Buckeye State after spending or reserving almost three times as much. Democrat Tim Ryan, writes Tobias, is responsible for 83% of the ads coming from his side compared to just 8% for Vance, but the Senate Leadership Fund has committed $28 million here to bail out its underwhelming nominee.

Senate

NC-Sen: Both Democrat Cheri Beasley and her allies at Senate Majority PAC are airing new commercials charging that when Republican Ted Budd's farm company, AgriBioTech, went bankrupt in 2000, it chose to repay itself rather than pay back the small farmers and creditors it owed millions to. "The Budds took $10 million and left over 1,000 farmers holding the bag," Beasley's narrator argues, while SMP declares, "One grower said, 'we were the little guy,' 'we got screwed.'"

The story was first reported last year by the Washington Post's Michael Kranish, who wrote that "a trustee for farmers and other creditors alleged that his [Budd's] father, Richard Budd, improperly transferred millions of dollars in assets to his family, including Ted Budd." The candidate was not an official at ABT, though the story identifies him as a "significant shareholder." The trustee, which named him as a defendant in their civil case, also accused Budd of having "acted in concert" with his father "in connection with the fraudulent transfers."

The matter was ultimately settled in 2005, with Kranish saying that the "Budd entities" agreed to pay "less than half of the amount initially earmarked for the farmers and other creditors" without admitting to any wrongdoing. The settlement left some bad feelings, though, with one Wyoming farmer telling the Post, "We got screwed and there was not a freaking thing we could do about it. There was no way to fight multimillionaires."

Richard Budd, who became chief executive of ABT after it bought his family's seed company, defended the candidate to Kranish, arguing, "Your attempts to tie my son to this business are dishonest and offensive. I wish my personal efforts to save ABT had been successful, but they were not." Ted Budd's campaign also denied any wrongdoing, saying the trustee's claims were "untrue allegations that are typical in that sort of litigation."

Budd and his allies at the Senate Leadership Fund, meanwhile, are each running commercials arguing that Beasley wants 87,000 more IRS agents, which continues to be a popular line of attack in GOP ads across the country. As we've written before, the agency reportedly will use the funds provided by the Inflation Reduction Act to replace many of the nearly 50,000 of its employees who could retire over the next five years. Many of the thousands of newly created IRS jobs beyond those positions would be in customer service and information technology.

And while the SLF has run ad after ad accusing Democrats of hating the police, its own commercial features menacing footage of what NBC says is "police raids and special agents at a gun range." Those videos accompany the narrator's prediction that "Beasley's gonna knock on your door with an army of new IRS agents" and that she "backs the liberal scheme to spend billions auditing the middle class, sending the IRS beast to collect her taxes on working families."

However, even Trump-appointed IRS Director Charles Rettig has stated that the agency would not crack down on those making less than $400,000, explaining that the beefed up enforcement of tax evasion would only target corporations and the richest 1-2% of households.

PA-Sen: John Fetterman is airing another commercial pushing back on Republican Mehmet Oz and his allies' ads hitting the Democrat's work as head of the state Board of Pardons, which has been the GOP's favorite line of attack in the general election.

"Here's the truth: John gave a second chance to those who deserved it―nonviolent offenders, marijuana users," Montgomery County Sheriff Sean Kilkenny tells the audience, continuing, "He voted with law enforcement experts nearly 90% of the time. He reunited families and protected our freedom―and he saved taxpayer money." Kilkenny adds, "Dr. Oz doesn't know a thing about crime. He only knows how to help himself."

The GOP, though, is trying to push a very different line. Some of the party's favorite targets have been Lee and Dennis Horton, brothers who spent 27 years in prison after being convicted of second degree murder. The two in 1993 gave a ride to a friend named Robert Leaf who had just killed someone in a robbery, though they have always maintained that they didn't know Leaf had just committed murder. Gov. Tom Wolf last year commuted the Hortons' life sentences after Fetterman and prison officials championed their case, and the two went on to take jobs on Fetterman's Senate campaign.

Oz's campaign, though, has been happy to try to turn them into a liability for their boss, saying, "If John Fetterman cared about Pennsylvania's crime problem, he'd prove it by firing the convicted murderers he employs on his campaign." Fetterman, for his part, told the New York Times that if Republicans "destroy" his political career for advocating for people like the Hortons, "then so be it."

Polls:

AZ-Sen: Suffolk University for the Arizona Republic: Mark Kelly (D-inc): 49, Blake Masters (R): 42, Marc Victor (L): 2

NC-Sen: GSG (D) for Cheri Beasley: Cheri Beasley (D): 46, Ted Budd (R): 46 (May: 45-45 tie)

OH-Sen: Siena College for Spectrum News: Tim Ryan (D): 46, J.D. Vance (R): 43

PA-Sen: InsiderAdvantage (R) for WTXF-TV: John Fetterman (D): 45, Mehmet Oz (R): 42

PA-Sen: Marist College: Fetterman (D): 51, Oz (R): 41

Governors

PA-Gov: Campaign finance reports covering the period of June 7 to Sept. 19 are out, and they show that Democrat Josh Shapiro's $25.4 million haul utterly dwarfed the $3.2 million that Republican Doug Mastriano took in. Shapiro goes into the final weeks with a $10.9 million to $2.6 million cash-on-hand edge over Mastriano, who still has not so much as reserved any TV time and who recently lamented he's "[r]eally not finding a lot of support from the national-level Republican organizations."

P.S. Politico's Holly Otterbein flags that Mastriano received a $500 donation from Andrew Torba, the founder of the white supremist social network Gab. That's still far less than the $5,000 that Mastriano paid Gab in April for "campaign consulting," though.

Polls:

AZ-Gov: Suffolk University for the Arizona Republic: Katie Hobbs (D-inc): 46, Kari Lake (R): 45

CT-Gov: Western New England University for CTInsider and WFSB: Ned Lamont (D-inc): 55, Bob Stefanowski (R): 40

ME-Gov: University of New Hampshire: Janet Mills (D-inc): 53, Paul LePage (R): 39, Sam Hunkler (I): 1

OH-Gov: Siena College for Spectrum News: Mike DeWine (R-inc): 55, Nan Whaley (D): 32

PA-Gov: InsiderAdvantage (R) for WTXF-TV: Josh Shapiro (D): 52, Doug Mastriano (R): 37

PA-Gov: Marist College: Shapiro (D): 53, Mastriano (R): 40

Quinnipiac University last week gave Lamont a similar 57-40 lead in its home state.

Early September numbers from the progressive Maine People's Resource Center showed Mills up 49-38 in a race that hasn't gotten much attention from pollsters.

House

MT-01: Democrat Monica Tranel has publicized an internal from Impact Research that shows her trailing Republican Ryan Zinke only 45-43 in this newly-created seat in the western part of the state. This is the first poll we've seen from this 52-45 Trump constituency.

House: The Washington Post reports that top allies of House Minority Leader Kevin McCarthy were involved in a serious effort to deny the GOP nod to several House candidates they feared would either threaten his power or prove to be weak general election candidates, a drive the paper says they concealed during the primaries by sending cash "from top GOP donors through organizations that do not disclose their donors or have limited public records."

Their most prominent target was North Carolina Rep. Madison Cawthorn, who was a massive pain even before the far-right freshman claimed that an unidentified colleague had invited him to an "orgy" and that he'd witnessed prominent conservatives doing "a key bump of cocaine." Cawthorn lost renomination to state Sen. Chuck Edwards after a group called Results for N.C. spent $1.7 million against the incumbent, and the Post writes that two McCarthy allies were part of its effort.

The paper adds that the minority leader's people were involved in the successful drives to block Anthony Sabatini in Florida's 7th District and Carl Paladino in New York's 23rd, who were each attacked by a newly-established group called American Liberty Action PAC. Both men blamed McCarthy for what happened, and the Post writes that his allies were indeed working to stop them: "They would have been legislative terrorists whose goal was fame," explained one unnamed source.

The Congressional Leadership Fund, which is close to the GOP leadership, also openly got involved in several more primaries, though it got decidedly mixed results for the $7 million it spent. CLF's ads helped secure general election berths for California Reps. Young Kim and David Valadao; Mississippi Rep. Michael Guest; and Nevada Rep. Mark Amodei. CLF also managed to advance Morgan Luttrell through the primary for Texas' open 8th District over a candidate backed by the troublesome Freedom Caucus, while it spent $40,000 on get out the vote calls for Florida Rep. Daniel Webster.

The super PAC, though, failed to get its preferred nominees across the finish line elsewhere. In Arizona's 4th, restaurateur Kelly Cooper overcame $1.5 million in CLF spending meant to ensure that establishment favorite Tanya Wheeless was Democratic Rep. Greg Stanton's rival instead. Democrats have since launched commercials faulting Cooper for, among other things, having "compared federal law enforcement agents to Nazis and the Gestapo."

CLF also fell short in its efforts to block Karoline Leavitt in New Hampshire's 1st and Brandon Williams in New York's 22nd, while another organization it funded couldn't prevent Joe Kent from beating out Washington Rep. Jaime Herrera Beutler in the top-two primary.

But CLF's worst failure is arguably in North Carolina's 1st District where its $600,000 offensive wasn't enough to stop Sandy Smith. Democrats have spent the general election running commercials focusing on the abuse allegations that surfaced against her during the May primary, including a new spot highlighting how her daughter and two former husbands have accused her of domestic violence.

Obituaries

Mark Souder: Indiana Republican Mark Souder, who was elected to the House during the 1994 red wave but resigned in 2010 after revealing an affair with a staffer, died Monday at the age of 72. Souder, who was perhaps best known for his advocacy of abstinence education, was an ardent conservative, though he defied his party leaders in two notable occasions early in his career: Souder was part of the failed 1997 revolt against Newt Gingrich, and he voted against two of the four articles of impeachment against President Bill Clinton the next year.

Souder got his start as an aide to then-Rep. Dan Coats, and in 1994 he decisively won a six-way primary to reclaim the Fort Wayne-based 4th District that Coats had once represented. Souder’s opponent was Democratic incumbent Jill Long Thompson, who pulled off a big upset in the 1989 special to replace Coats after he was appointed to replace Vice President Dan Quayle in the Senate. However, while Thompson had convincingly won her next two terms, the terrible climate for her party powered Souder to a 55-45 win in this historically Republican area.

Souder quickly became entrenched in his new seat, which was renumbered the 3rd District in the 2002 round of redistricting: The congressman only failed to win by double digits once when he turned back Democrat Tom Hayhurst 54-46 during the 2006 blue wave. However, Souder became a tea party target in 2010 after supporting the 2008 Troubled Asset Relief Program and later the Obama administration’s Cash for Clunkers program.

Souder ended up turning back self-funding auto dealer Bob Thomas by an unimpressive 48-34 margin, but he had very little time to enjoy his win. Just weeks later, the married congressman announced, “I sinned against God, my wife and my family by having a mutual relationship with a part-time member of my staff,” and that he’d be resigning over the scandal. Souder, whose marriage survived the ordeal, never ran for office again, though he became a regular columnist for the Indiana tip-sheet Howey Politics and wrote extensively about Fort Wayne’s local TV and baseball history.

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