Morning Digest: Supreme Court blocks ruling that ordered Alabama to draw a second Black district

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

Leading Off

AL Redistricting: The Supreme Court stayed a lower court ruling that stuck down Alabama's new congressional map for violating Section Two of the Voting Rights Act on Monday, ensuring that the November election will take place using the map Republicans passed late last year.

Two weeks ago, a panel of three federal judges ruled that lawmakers were required to draw a second district where Black voters would be likely to elect their preferred candidates, determining that Black Alabamians are "sufficiently numerous" and "sufficiently geographically compact" to allow the creation of a second "reasonably configured" district with a voting-age Black majority.

Without issuing a written opinion explaining its rationale, the Supreme Court blocked that order from taking effect pending final resolution of the case, with Chief Justice John Roberts joining the court's three liberal members to oppose the stay. In a concurring opinion, Justice Brett Kavanaugh claimed a stay was necessary because the lower court issued its ruling too close the 2022 elections.

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Justice Elena Kagan responded in a dissent that Alabama's primary is not until May 24 and that the court has in the past declined to stay redistricting decisions issued on similar timelines. Kagan further chastised the majority for failing to identify any way in which the three-judge panel might have erred, saying the only way its ruling could be reversed is if the Supreme Court were to adopt a brand-new requirement advocated by the Republican defendants that a computer, programmed to ignore race entirely, must automatically generate an unspecified number of maps that would yield a second Black district.

As a result, Alabama will use the GOP's preferred map, which features six majority-white districts and just one majority-Black district, despite the fact that African Americans make up 27% of the state's population. While it's possible that the lower court's ruling could eventually be sustained by the Supreme Court, the majority's move—and the high court's long hostility toward the Voting Rights Act—is a poor augur for the case's future.

Redistricting

Stay on top of the map-making process in all 50 states by bookmarking our invaluable redistricting timeline tracker, updated daily.

NJ Redistricting: New Jersey's Legislative Apportionment Commission has released two draft maps for the state legislature, which uses the same map to elect both chambers (each district elects one senator and two assemblymembers). The panel is evenly divided between the parties, with a tiebreaking member, retired appellate judge Philip Carchman, who was appointed by state Supreme Court Chief Justice Stuart Rabner. Carchman has his roots in Democratic politics, though he was first named to the bench in 1986 by Republican Gov. Tom Kean.

The commission must complete its work by March 1. Because New Jersey elects its legislature in odd-numbered years, new maps will not be used until 2023 (elections last year were held under the old maps because of delays in receiving data from the Census Bureau).

LA Redistricting: A committee in Louisiana's Republican-run state Senate has advanced a new congressional map that would not create a second district where Black voters could elect their preferred candidate, instead maintaining the status quo of a single Black district. A committee in the state House also passed a similar plan. Given the ease with which a second such district could be drawn—Democrats submitted several maps that would have done so—the state could be at risk of seeing its map overturned on the grounds that it violates the Voting Rights Act, though the U.S. Supreme Court gave voting rights advocates discouraging news Monday with its move in Alabama.

A more immediate question is whether Democrats can sustain a potential veto by Democratic Gov. John Bel Edwards. In the Senate, Republicans hold 27 of 39 seats, one more than the 26 needed to muster a two-thirds supermajority. The picture is cloudier in the House, where Republicans have 68 seats but would need 70 votes to override Edwards. The chamber is home to three independents who have sometimes sided with Democrats, but one independent and one Democrat voted for the GOP's plan in the House (the Senate vote broke along party lines).

OH Redistricting: The Ohio Supreme Court once again ruled that legislative maps passed by the state's Republican-dominated redistricting commission violate the state constitution, ordering the panel to convene for a third time to produce a compliant plan by Feb. 17.

In a 4-3 opinion released Monday evening, the court chastised commissioners for merely tweaking the invalid maps rather than starting afresh as they had been ordered to do. The majority also said that the commission failed to meet a constitutional requirement that the number of districts that favor each party must "correspond closely" to voters' statewide preferences, improperly classifying tossup districts as tilting toward Democrats.

"Bluntly, the commission's labeling of a district with a Democratic vote share between 50 and 51 percent (in one case, a district having a 50.03 percent vote share) as 'Democratic-leaning' is absurd on its face," wrote Chief Justice Maureen O'Connor, a Republican who joined with the court's three Democrats.

The justices once more noted, as they did in their initial ruling, that they "retain jurisdiction for the purpose of reviewing the new plan." They also advised state lawmakers to delay the upcoming May 3 primary "should that action become necessary."

PA Redistricting: Commonwealth Court Judge Patricia McCullough, who last week was tasked by the Pennsylvania Supreme Court with recommending a new congressional map, has selected the plan passed by Republican lawmakers but vetoed by Democratic Gov. Tom Wolf in January. However, the Supreme Court, which has a 5-2 Democratic majority, is all but certain to reject the advice of McCullough, a conservative Republican who herself ran for the top court last year by pitching herself as "the ONLY Judge in America to order the 2020 Presidential Election results not be certified." (She lost the primary 52-33 to the eventual winner, Kevin Brobson.)

The justices will hold oral arguments on Feb. 18 and will likely settle on a final map soon after.

TN Redistricting: Republican Gov. Bill Lee has signed Tennessee's new congressional and legislative maps, which Republicans in the legislature recently passed. The congressional plan dismembered the 5th District, splitting the blue city of Nashville between three solidly red seats and prompting Democratic Rep. Jim Cooper to retire.

Senate

AK-Sen: Republican Sen. Lisa Murkowski earned an endorsement over the weekend from Joe Manchin, her Democratic colleague from West Virginia, in the August top-four primary.  

Alabama: While a panel of three federal judges last month moved Alabama's filing deadline for U.S. House races from Jan. 28 to Feb. 11, the earlier date still applied to candidates for all other offices on the May 24 primary ballot. WHNT has put together a list of statewide contenders; a runoff would take place June 21 for any contests where no one secured a majority of the vote.  

AL-Sen: Six Republicans are facing off in a closely watched primary to succeed their fellow Republican, retiring Sen. Richard Shelby, in this dark red state. Rep. Mo Brooks, who helped foment the Jan. 6 assault on the Capitol, has endorsements from Donald Trump and the Club for Growth, while Shelby is pulling for his one-time chief of staff, former Business Council of Alabama head Katie Boyd Britt.

Army veteran Mike Durant, who was held as a prisoner of war in Somalia for 11 days in 1993 after his helicopter was shot out of the sky in the incident later depicted in the book and film "Blackhawk Down," doesn't have the same big-named allies, but he's using his personal wealth to get his name out. Three little-known Republicans are also competing in a race that Democrats aren't seriously targeting.

While Brooks looked like the frontrunner after winning the support of his party’s supreme leader, even Trump has reportedly been complaining that he’s running a weak campaign. One of the biggest gripes about the congressman for months has been his underwhelming fundraising, and the fourth quarter numbers only led to a fresh round of skepticism about his abilities:

  • Britt: $1.2 million raised, $4.1 million cash-on-hand
  • Brooks: $380,000 raised, $2 million cash-on-hand
  • Durant: $165,000 raised, additional $4.2 million self-funded, $2.5 million cash-on-hand

The Club has already spent $1.4 million to boost Brooks, and it recently released a poll putting him in the lead with 35% as Durant led Britt 30-25 for second. However, that’s a big drop from its October survey, which was done before Durant entered the race, which gave Brooks a dominant 55-12 advantage over Britt. Shelby, for his part, reportedly plans to send $5 million of his campaign funds to a pro-Britt super PAC.

Indiana: The filing deadline to appear on Indiana's May 3 candidate filing deadline was Friday, and the state has a list of contenders available here. Alabama’s U.S. House deadline is Friday while the state to watch afterwards will be Maryland, where major party contenders have until Feb. 22 to submit their paperwork.

IN-Sen: Even though the Hoosier State has hosted several competitive and expensive Senate races over the last decade, Republican incumbent Todd Young is the overwhelming favorite to win a second term in a state that Donald Trump took 57-41. Young outraised his most prominent Democratic foe, Hammond Mayor Thomas McDermott, $1.5 million to $75,000 during the fourth quarter, and he ended December with a $6.2 million to $50,000 cash-on-hand lead.  

ND-Sen: Republican state Rep. Rick Becker, a far-right lawmaker with a history of trying to undermine public health during the pandemic, launched a long-shot primary campaign against Sen. John Hoeven on Sunday. Becker, who previously was best known for trying to curtail the use of surveillance drones by police, campaigned for governor in 2016 but dropped out before the primary following a disappointing showing at the state party convention. There is no indication that Hoeven, who ended 2021 with $3.1 million on-hand, is vulnerable in the June nomination contest.

OH-Sen: You know things are bad when your own allies are talking about how your poll numbers are in a "precipitous decline," but that's exactly where venture capitalist J.D. Vance finds himself with about three months to go before the Republican primary. Politico's Alex Isenstadt obtained a 98-page report from Fabrizio Lee for Protect Ohio Values, the super PAC funded by megadonor Peter Thiel, that found the "Hillbilly Elegy" author in fifth place in mid-January with just 9%.

Former state Treasurer Josh Mandel edged out businessman Mike Gibbons 15-14, while former state party chair Jane Timken took a close third with 13%. Vance was even behind businessman Bernie Moreno―a self-funder who has since exited the race―who was at 11%. To make matters worse, Fabrizio Lee's October poll had Vance trailing Mandel only 19-16.

The pollster was blunt about why Vance could soon be authoring his own political elegy. While the one-time Trump critic has tried to refashion himself as an all-out MAGA champion, Mandel's allies at the Club for Growth and USA Freedom Fund spent last fall running ads based around 2016 footage of Vance saying, "I'm a Never Trump guy," as well as a screenshot of him tweeting about his party's nominee, "My god what an idiot."

Those attacks seem to have done exactly what they were intended to do: Fabrizio Lee now says that Vance's "association as a Never Trumper has only grown since November," and "being anti-Trump is the #1 reason voters do not like Vance." It adds, "The groups where Vance has improved are those we don't want him doing better with: Trump disapprovers and moderate/liberals." The presentation, of course, argued that Vance still had a path, but it didn't hide how bad things are for him at the moment: "Vance needs a course correction ASAP that will resolidify him as a true conservative. He has a ton of strong messaging to make that happen and he should push it hard."

Governors

AL-Gov: Gov. Kay Ivey faces an expensive Republican primary battle against former Ambassador to Slovenia Lindy Blanchard and businessman Tim James, who took a tight third in the 2010 nomination battle for this post. Six other Republicans, including nonprofit director Lew Burdette, are also in, but none of them have emerged as serious intra-party threats to the governor yet. The eventual nominee should have no trouble in the general election.

AdImpact reported Friday that the self-funding Blanchard, who dropped out of the Senate race to run here, is spending $4.1 million on advertisements compared to $2.6 million for Ivey. James, who is the son of two-time former Gov. Fob James, is far behind right now with $705,000.

James, though, did debut a new TV ad this week that tries to stoke as much conservative fury as he can. "Our leaders tell us that our country is racist to the core, that looting and burning down cities is normal and there are 50 genders," says the candidate, who does not mention Ivey.

GA-Gov, GA-10, GA-06: Former state Rep. Vernon Jones announced Monday that he was exiting the Republican primary for governor and would instead run for Congress in an as-of-yet unnamed constituency. Jones, a Trump-obsessed Democrat-turned-Republican, also endorsed former Sen. David Perdue's campaign to deny renomination to Gov. Brian Kemp in May.

As for what's next for Jones, unnamed allies tell the Atlanta Journal-Constitution that he plans to seek the 10th District instead of the 6th, another open and safely red seat. CNN previously reported that Donald Trump had offered to endorse the former Democrat if he dropped down to a House race.

NE-Gov: Agribusinessman Charles Herbster has an almost-painfully generic ad for the May Republican primary that informs the audience that the contender, whom the narrator claims is "not a politician," is also "the only candidate endorsed by President Trump."

NY-Gov, NY-AG: In a long interview with Bloomberg published Monday, disgraced former Gov. Andrew Cuomo repeatedly refused to directly address whether he was interested in running for office in 2022, while CNN reported hours later that he was "seriously considering a political comeback as early as this year." Cuomo's allies, said CNN, "have called to solicit opinions about his prospects should he decide to challenge New York Attorney General Letitia James in a Democratic primary." The candidate filing deadline is about two months away.

PA-Gov: State Senate President Pro Tempore Jake Corman's campaign describes his opening spot for the May Republican primary as a piece starring "Corman, his daughter, Bella, and a 1990s hair-band rocker," and let's just say it probably played better on paper than it does on TV.

House

CA-15: AFSCME Local 829 has endorsed David Canepa, a Democrat who serves on the San Mateo County Board of Supervisors, in the June top-two primary for this safely blue seat.

IA-02: State Sen. Liz Mathis has released the first survey we've seen of the race for this northeastern Iowa seat, and her internal from Public Policy Polling shows her trailing Republican incumbent Ashley Hinson only 43-42.

IN-01: Freshman Democratic Rep. Frank Mrvan faces several Republicans in the redrawn 1st District, a northwestern Indiana constituency that would have backed Joe Biden 53-45, though only former LaPorte Mayor Blair Milo looks like a serious opponent at this point. Mrvan finished December with $330,000 on-hand, while Milo launched her campaign in the following month.

IN-09: Rep. Trey Hollingsworth surprised just about everyone last month when he announced he would not seek a fourth term in the 9th District, a southeastern Indiana constituency that would have backed Donald Trump 63-35, and nine fellow Republicans are campaigning to succeed him. Only four of these contenders look serious, though Hollingsworth himself initially looked like just Some Dude in 2015 before the recent Tennessee transplant used his fortune to get his name out.

Perhaps the most familiar name is former Rep. Mike Sodrel, who is trying to return to the House after a 16-year absence. Sodrel ran five consecutive campaigns for a previous version of this southeastern Indiana seat—four of which were against Democrat Baron Hill—starting from 2002, but his one and only win came in 2004. After losing to Hill in 2006 and 2008, Sodrel's last campaign came to an unceremonious end in 2010 when he took third in a tight three-way primary against Todd Young, who went on to unseat Hill in the fall. While the one-term congressman has been out of the game for some time, his personal wealth gives him the resources to reintroduce himself to voters.

Another notable name is state Sen. Erin Houchin, who ran in 2016 when Young left to campaign for the Senate seat but she lost the primary to Hollingsworth 34-25. Houchin's second bid has the support of Rep. Larry Bucshon of the neighboring 8th District, as well as 2nd District Rep. Jackie Walorski. Rounding out the field are state Rep. J. Michael Davisson and Army veteran Stu Barnes-Israel.

KY-03: Retiring Rep. John Yarmuth on Monday endorsed state Senate Minority Leader Morgan McGarvey in the May Democratic primary to succeed him in what remains a reliably blue seat. McGarvey faces state Rep. Attica Scott, who launched her campaign in July well before the incumbent announced his departure; McGarvey, by contrast, kicked off his own bid in October less than 10 minutes after Yarmuth said he wouldn't be seeking re-election.

Despite Scott's head start, though, McGarvey went into the new year with a massive financial lead. The minority leader outraised her $795,000 to $80,000 during the fourth quarter, and he concluded the period with a $700,000 to $20,000 cash-on-hand lead.

While Democrats initially feared that Republicans would try to gerrymander this Louisville seat, they ended up making only very minor alterations to the 3rd: We've crunched the 2020 presidential results here, and like the old district, the new one would have voted for Joe Biden by a 60-38 margin.

We're also pleased to present the results of the 2020 presidential election for Kentucky's other five new congressional districts: You haven't previously seen this data because last cycle, all but one county in the state reported returns solely at the county-wide level. (This was the consequence of a pandemic-related decision to establish large "vote centers" where any eligible voter can vote, rather than require them to cast ballots at their own specific precinct.) That means there's insufficient precinct-level data available, so systems that use precinct results to calculate district-level results have nothing to work with.

Fortunately, there's a workaround. Only six counties are split between districts on Kentucky's new map, and one of them is Jefferson. Not only is it the largest in the state (it's the home of Louisville), it's also the one place that provided precinct results for 2020, letting us calculate results for the districts it encompasses in the traditional manner.

The other five, meanwhile, are relatively small, ranging from Bath County (pop. 13,000) to Nelson County (pop. 47,000). That allows us to treat each of them as, in essence, one giant precinct that we can divide proportionally between districts based on population. That's not ideal, and it means some district-level calculations will have error bars. Luckily, though, these five counties only amount to 3% of the state's total population, and they're also fairly homogenous: All are heavily white and voted overwhelmingly for Donald Trump. What's more, precinct results from 2016 show the Trump vote was evenly distributed throughout these counties.

Ultimately, the new boundaries changed very little. Kentucky Republicans notably drew an extended tongue from the rural 1st District, which starts at the Kentucky Bend in the far western reaches of the state, to absorb the state capital of Frankfort—an appendage that is more vividly seen than described. The maneuver was designed to shore up Republican Rep. Andy Barr, whose 6th District was the site of a competitive election in 2018, but the toplines did not shift much: The old 6th voted for Trump by a 54-44 margin (about 9 points without rounding), while the revamped district would have gone for Trump 55-44.

MI-11: The local pollster Target Insyght finds Reps. Andy Levin and Haley Stevens deadlocked 41-41 in their August Democratic primary showdown. Last week, Stevens released an Impact Research internal giving her a 42-35 advantage in this incumbent vs. incumbent race.  

NC-11: Democratic Rep. Kathy Manning declared Friday morning she was "planning on running," and she correctly predicted that the state Supreme Court would strike down a GOP gerrymander. Had that map stood, Manning would have most likely gone up against Republican incumbent Virginia Foxx for a 57-42 Trump seat.

NY-03: State Sen. Alessandra Biaggi announced Monday that she would compete in the June Democratic primary for the 3rd Congressional District, an open Long Island-based seat that just picked up a slice of her base in the Bronx and Westchester County in its latest incarnation. Data from Dave's Redistricting App shows that the revamped 3rd, which is open because Democratic Rep. Tom Suozzi is waging a long-shot bid for governor, would have supported Joe Biden 56-42, which makes it a hair bluer than his 55-44 showing in the old version.  

Biaggi is the granddaughter of the late Rep. Mario Biaggi, who was elected to a Bronx-based seat in 1968 and resigned in 1988 after becoming ensnared in a tangle of several different corruption cases. The younger Biaggi, who worked as an attorney for then-Gov. Andrew Cuomo and a staffer on Hillary Clinton's 2016 presidential campaign, first sought elected office in 2018 when she launched a primary campaign against state Sen. Jeff Klein, the well-financed leader of the renegade faction of Democrats known as the Independent Democratic Conference.

While Klein and the rest of the IDC were despised by the party's grassroots for helping Republicans stay in control of the state Senate even when Democrats held a majority of the seats, the incumbent easily defeated a prominent intra-party foe in 2014 and very much looked like the frontrunner to hold on again. Biaggi, though, quickly consolidated support from notable mainstream Democrats; Klein was also on the defensive after a former Senate staffer accused him of forcibly kissing her in 2015.

Ultimately, Biaggi defeated Klein 54-46 as five of his seven IDC allies were also going down, an outcome that helped Democrats months later secure their first stable majority in the chamber since World War II. Biaggi quickly established herself as a progressive star who was talked about as a possible candidate for higher office: In early 2021 she didn't rule out running against Senate Majority Leader Chuck Schumer, and she reportedly considered challenging her old boss, Cuomo, just before he resigned in disgrace.

While Biaggi enters the race with experience winning a tough primary, the new 3rd Congressional District's shape still poses a potentially big obstacle for her. Only about 6% of the seat's denizens are currently her constituents, so the state senator starts out without much of a geographic base. Still, a total of 18% of the seat lives in Westchester County with another 5% in the Bronx, and Biaggi may be able to appeal to these voters especially if she's the only serious contender from the northern part of the district.

However, the bulk of the 3rd is still based in or near Long Island: 36% of its residents live in Nassau County compared to another 29% in Suffolk County to the east, with the remaining 11% in Queens. Several Long Island-based politicians are already seeking the Democratic nod including Deputy Suffolk County Executive Jon Kaiman, who lost to Suozzi in 2016 when the 3rd was last open; Nassau County Legislator Josh Lafazan; DNC member Robert Zimmerman; and Melanie D'Arrigo, a progressive activist who lost to Suozzi in the 2020 primary. Lafazan outraised D'Arrigo $455,000 to $80,000 during the fourth quarter and held a $405,000 to $115,000 cash-on-hand lead, while Kaiman and Zimmerman entered in the new year.

Whoever wins the Democratic nod will be favored in November, though Republicans are hoping that their good showing in last year's local elections in Nassau and Suffolk counties mean they'll have an opening. Team Red's only notable contender is 2020 nominee George Santos, who lost to Suozzi 56-43; Santos raised $250,000 for the quarter and had $320,000 on-hand.

NY-16: Yonkers Mayor Mike Spano said last week he was "looking at" challenging Rep. Jamaal Bowman in the June Democratic primary, though the "hardcore moderate in the middle" seemed more interested in backing the bid that Westchester Public Works Commissioner Tom Meier is reportedly planning in what remains a safely blue seat. Spano was far more direct about what he thought of the congressman, who was arrested last month at a pro-voting rights protest: The mayor declared that "they should have arrested him for his vote on the infrastructure bill," with the local NAACP quickly responding, “To call for the arrest of a congressman, the first Black one to represent us in the 16th Congressional District, was intentional and we are outraged.”

NY-22: Former Assemblyman Sam Roberts announced Monday that he was joining the Democratic primary for the new 22nd District, an open Syracuse area seat that would have supported Joe Biden 58-40. (About 70% of the new 22nd's residents live in the old 24th, where Republican Rep. John Katko is retiring.) Roberts made history in 2010 when he became the first Black person elected to represent Central New York in the legislature, and he resigned in 2015 to lead the state's Office of Temporary Assistance and Disability.

TN-05, TN-07: Former State Department Spokesperson Morgan Ortagus said Monday that she would compete in the August Republican primary for the newly-gerrymandered 5th District, an announcement that came less than two weeks after Donald Trump pre-endorsed her.

Several MAGA talking heads have already expressed their disappointment that Trump didn't instead back music video producer Robby Starbuck, who was running even before the new map transformed this from a 60-37 Biden district to a 54-43 Trump constituency, but it remains to be seen if primary voters will care. Other Republicans could also get in including attorney Kurt Winstead, a retired brigadier general in the Tennessee National Guard who filed FEC paperwork on Monday.  

On the Democratic side, community activist Odessa Kelly's team acknowledged that she could switch to the 7th District and take on Republican Rep. Mark Green. Trump would have prevailed 56-41 here, which makes it on paper even less friendly turf than the 5th.

TX-28: For the first time, attorney Jessica Cisneros is running a TV ad focused on the recent FBI raid on conservative Rep. Henry Cuellar's home and campaign headquarters ahead of their March 1 Democratic primary rematch. The spot begins with several news reports about Cuellar's troubles before the narrator promotes Cisneros as "a better choice."

TX-35: State Rep. Eddie Rodriguez's first TV spot ahead of next month's Democratic primary parodies the old Dos Equis "most interesting man in the world" ad campaign with a narrator proclaiming near the end, "He is … the most interesting candidate for Congress." Before that, the commercial commends Rodriguez for being one of the rare state legislators to cast a vote against a pro-Iraq War resolution, defending an Austin Planned Parenthood clinic from Republicans, and helping "Democrats escape on a plane to protest voter suppression" while remembering "a case of beer."

TX-37: Democratic Rep. Lloyd Doggett's new spot promotes him as a "true blue progressive."

Morning Digest: Democratic Senate primary in Pennsylvania gets smaller as GOP’s gets uglier

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

Leading Off

PA-Sen: Montgomery County Commission Chair Val Arkoosh announced Friday that she was dropping out of the May Democratic primary. Arkoosh, who was the only woman running a serious campaign, had the backing of EMILY's List, but she didn't attract much support in any released poll and ended 2021 with significantly less money than two of her intra-party foes. She acknowledged Friday to the Philadelphia Inquirer, "It's become increasingly clear over the last month or two that I'm unlikely to be the Democratic nominee."

Arkoosh's departure leaves three notable Democrats in the contest to succeed retiring Republican Sen. Pat Toomey. Lt. Gov. John Fetterman, who has enjoyed a huge edge in every survey we've seen, has also continued to lead the money race in the fourth quarter by outpacing Rep. Conor Lamb $2.7 million to $1.3 million and ending with a $5.3 million to $3 million cash-on-hand lead. State Rep. Malcolm Kenyatta was far back with $335,000 raised and only $285,000 available.

The Republicans, meanwhile, already had a massively expensive and ugly contest even before Friday, when the Inquirer reported that Honor Pennsylvania, a super PAC funded by mega-donor Ken Griffin to support hedge fund manager David McCormick, had reserved $12 million for a six-week ad buy against TV personality Mehmet Oz.

Campaign Action

The two sides have been using anti-Chinese messaging to attack one another: Oz recently ran a commercial that employed stereotypical gong sounds to argue McCormick is "China's friend, not ours," while McCormick's team says of his main opponent, "Mehmet Oz—citizen of Turkey, creature of Hollywood—has spent the last 20 years making his fortune from syndicating his show in China, enriching itself through censorship and CCP propaganda … How can he claim to be America First when he has dual loyalties?"

McCormick, as well as attorney John Giordano, entered the primary after the start of the new quarter, but we have fundraising reports for the other GOP candidates:

  • TV personality Mehmet Oz: $670,000 raised, additional $5.2 million self-funded, $1 million cash-on-hand
  • 2018 lieutenant governor nominee Jeff Bartos: $435,000 raised, additional $10,000 self-funded, $2.5 million cash-on-hand
  • Author Kathy Barnette: $415,000 raised, $565,000 cash-on-hand
  • former Ambassador to Denmark Carla Sands: $160,000 raised, additional $500,000 self-funded, $1.5 million cash-on-hand

Barnette, Bartos, and Sands each entered the race several months ago, but they’ve largely been left out of the increasingly pricey feud between McCormick and Oz.

Redistricting

Stay on top of the map-making process in all 50 states by bookmarking our invaluable redistricting timeline tracker, updated daily.

KS Redistricting: As expected, Democratic Gov. Laura Kelly vetoed the new congressional map recently passed by Kansas Republicans. In a statement accompanying her veto on Thursday evening, Kelly specifically criticized the plan for splitting the Kansas City area between two districts, a move designed to undermine Democratic Rep. Sharice Davids by making her 3rd District redder.

The question now is whether Republicans can override Kelly's veto. On paper, they have the necessary two-thirds supermajorities to do so. However, neither chamber hit that threshold when approving the new boundaries due to absences. The map passed the House by a 79-37 vote, five short of the 84-vote supermajority needed. However, four Republicans were absent while two others voted "present" and just one voted against the final map. In the Senate, where 27 votes are necessary for an override, the map was approved 26-9, with two Republicans absent and one opposed.

NC Redistricting: On Friday evening, North Carolina's Supreme Court struck down the new congressional and legislative maps that Republicans passed last year, deeming them "unlawful partisan gerrymanders" that violated multiple provisions of the state constitution. The court, which broke down 4-3 along party lines, ordered lawmakers to come up with remedial maps in two weeks and specifically mandated that they detail the "methods they employed in evaluating the partisan fairness" of their new plans.

Republicans had drawn their now-invalidated congressional districts with the aim of giving themselves an 11-3 advantage in the state's House delegation, despite North Carolina's perpetual swing-state status. The legislative maps were likewise designed to lock in sizable GOP majorities. Democratic Gov. Roy Cooper was unable to veto any of the maps because redistricting plans do not require the governor's approval under state law.

PA Redistricting: Pennsylvania's bipartisan redistricting commission approved final legislative maps in a 4-1 vote on Friday, though critics now have 30 days to challenge the plans before the state Supreme Court. The maps, which can be viewed here, vary somewhat from versions the commission introduced in December, but they still represent a major break from the past.

Under the lines used for the previous decade, Donald Trump carried 109 districts in the state House while Joe Biden won just 94, despite the fact that Biden beat Trump statewide in 2020. The new map, however, features 103 Biden districts and 100 Trump seats, giving Democrats a chance to make major inroads and, one day, potentially take a majority. The Senate plan, by contrast, largely maintains the status quo, with Biden and Trump each carrying 25 districts—the exact same split as before.

Republicans had long controlled the process for drawing legislative districts in the Keystone State, where the Supreme Court appoints a tiebreaking member to the panel responsible for drafting them. The court had been in GOP hands for many years, giving Republicans a lock on selecting that tiebreaker, but Democrats—with an eye on redistricting—made a major push to flip the court in 2015.

That effort culminated in the justices tapping former University of Pittsburgh chancellor Mark Nordenberg, a registered Democrat who has described himself as "about as close to the middle as you probably could get." Nordberg voted with the commission's two Democrats and one of the Republicans in favor of the final maps, while another Republican dissented.

Senate

MO-Sen: Team PAC, a super PAC funded by mega-donor Richard Uihlein to aid disgraced Gov. Eric Greitens, is the latest group to try and use anti-China messaging to win a Republican primary. The TV spot accuses Attorney General Eric Schmitt, who is a former state legislator, of having "sponsored a bill to spend $480 million of your tax dollars to create a cargo hub here for airlines owned by China's Communist Party. To flood Missouri dollars with cheap Chinese imports."

Schmitt's allies at Save Missouri Values quickly hit back with an ad of their own that uses footage of then-Gov. Greitens appearing on a Chinese TV program. After the interviewer says, "Your visit to China is like an old, beautiful story renewed," Greitens responds, "It really is. It's amazing to see the transformation that's taken place here." There is no word on the size of the buy for either commercial.

Governors

GA-Gov: Gov. Brian Kemp's allies at Georgians First Leadership Committee are running a new commercial that once again attempts to portray former Sen. David Perdue, who is Donald Trump's endorsed candidate in the May Republican primary, as downright unTrumpy. The spot opens with footage of Trump declaring, "I'm gonna bring jobs back from China" before the narrator declares that Perdue "sent American jobs to China. Over and over again. By the thousands." It goes on to use an infamous clip of Perdue from his successful 2014 campaign, saying of his past practice fo outsourcing jobs, "Defend it? I'm proud of it."

There is no word on how much this pro-Kemp group is spending, but as we've written before, a new law gives the PAC access to as much money as the governor's supporters care to fork over. That's because, as the Atlanta Journal-Constitution previously noted, Georgians First Leadership Committee was created last year after Kemp signed into law a bill that lets the governor and certain other statewide candidates "create funds that don't have to adhere to contribution caps." Importantly, these committees will also be able to accept donations during the legislative session, when the governor and lawmakers are otherwise forbidden from fundraising.  

This legislation won't be any help for Perdue, though, unless and until he wrests the GOP nomination from Kemp. And while Stacey Abrams is the overwhelming favorite to be the Democratic standard-bearer again, she also won't be able to create this kind of committee until her primary is officially over.

OH-Gov: The Democratic Governors Association has released numbers from Public Policy Polling that show Gov. Mike DeWine only leading former Rep. Jim Renecci 38-33 in the May Republican primary, which is actually better for the incumbent than his 46-38 deficit in a recent Renacci poll. Neither of those surveys included Joe Blystone, a little-known farmer who has been running for months. Former state Rep. Ron Hood also made a late entry into the race on Feb. 1, which was after both polls were conducted.

PA-Gov: Campaign finance reports were due Monday covering all of 2021, and they give us our first real look into which of the many Republican candidates for governor have the resources to run a serious race in this very expensive state:

  • State Senate President Pro Tempore Jake Corman: $3 million raised, $2.7 million cash-on-hand
  • 2018 Senate nominee Lou Barletta: $1.1 million raised, $245,000 cash-on-hand
  • U.S. Attorney Bill McSwain: $900,000 raised, additional $100,000 self-funded, $815,000 cash-on-hand
  • GOP strategist Charlie Gerow: $420,000 raised, $250,000 cash-on-hand
  • former Chester County Chamber of Business and Industry President Guy Ciarrocchi: $305,000 raised, $240,000 cash-on-hand
  • State Sen. ​​Scott Martin: $300,000 raised, $270,000 cash-on-hand
  • Businessman Dave White: $350,000 raised, additional $3 million self-funded, $2.5 million cash-on-hand
  • Surgeon Nche Zama: $200,000 raised, $145,000 cash-on-hand
  • Attorney Jason Richey: $160,000 raised, additional $1.45 million self-funded, $1.5 million cash-on-hand
  • Montgomery County Commissioner Joe Gale: $40,000 raised

This is the first time we've mentioned Richey, who attracted little attention when he kicked off his bid in May.

The list does not include two other declared Republican candidates: former Rep. Melissa Hart, whose numbers were not available days after the deadline, and state Sen. Doug Mastriano, who announced last month.

The Philadelphia Inquirer writes of the latter, "After he set up an exploratory committee in the fall, he said he'd reached a fund-raising goal to enter the race. The Pennsylvania Department of State, which oversees elections, said Mastriano's Senate campaign typically files disclosures electronically, but the agency had no report available for his gubernatorial campaign." The story added, "If Mastriano filed the report on paper and mailed it to Harrisburg, that could account for the delay. Mastriano didn't respond to emails seeking comment."

While McSwain has significantly less money to spend than Corman and two self-funders, Richey and White, he does have one huge ally in his corner. Commonwealth Partners Chamber of Entrepreneurs, which is funded by conservative billionaire Jeff Yass, had $20 million on-hand at the end of the year, and it said in January that "all of that money is at our disposal" to help McSwain.

Whoever emerges from the busy May primary will be in for an expensive general election fight against Attorney General Josh Shapiro, who faces no serious intra-party opposition in his bid to succeed his fellow Democrat, termed-out Gov. Tom Wolf. Shapiro hauled in $13.4 million in 2021, which his team says is a state record for a non-election year, and he had a similar $13.5 million to spend.

House

CO-03: State Senate President Leroy Garcia didn't show any obvious interest in challenging Republican Rep. Lauren Boebert after Colorado's new maps made the 3rd District even more conservative, but the Democrat fully took himself out of contention on Thursday when he announced he was resigning from the legislature in order to take a post in the Department of the Navy.

GA-06: Rich McCormick, who was the 2020 Republican nominee for the old 7th District, has dropped a Public Opinion Strategies internal arguing he's the frontrunner in the May primary for the new and safely red 6th District. McCormick takes first with 25%, while none of his four opponents secure more than 3% of the vote each.    

NE-01: Indicted Rep. Jeff Fortenberry recently went up with a commercial arguing that his May Republican primary opponent, state Sen. Mike Flood, was unacceptably weak on immigration, and Flood is now airing a response spot. Madison County Sheriff Todd Volk tells the audience, "Jeff Fortenberry is facing felony criminal charges, so he's lashing out at law enforcement and lying about Mike Flood." After praising Flood for having "opposed in-state tuition for illegal immigrants," the sheriff commends him for opposing the repeal of the death penalty, which is a topic Fortenberry's opening ad didn't touch on.

NY-01, NY-02: With the adoption of New York's new congressional map, a number of candidates have announced changes of plans in terms of which district they'll run in. One of the most notable is former Babylon Town Councilwoman Jackie Gordon, who'd been seeking a rematch against Republican Rep. Andrew Garbarino in the old 2nd District after losing to him 53-46 in 2020 when the seat came open following GOP Rep. Peter King's retirement.

Democrats in the legislature, however, gerrymandered Long Island to make the new 2nd considerably redder while simultaneously turning the neighboring 1st District much bluer: The former would have voted for Donald Trump 56-42 while the latter would have gone for Joe Biden 55-44, according to Dave's Redistricting App. That naturally makes the 1st much more appealing for Gordon, who said on Thursday that she'll run there, adding that her home also got moved into the district.

However, Gordon will face a contested fight for the Democratic nomination, as two other candidates had already been running in the 1st, which is open because Republican Rep. Lee Zeldin is making a bid for governor. Bridget Fleming and Kara Hahn, both members of the Suffolk County Legislature, entered the race last spring and have stockpiled similar sums: $644,000 for Fleming and $575,000 for Hahn. Gordon, who launched her second effort in October, had just $134,000 in the bank, but she was a dominant fundraiser last cycle, taking in $4.4 million.

NY-03: A spokesperson for Democratic state Sen. Alessandra Biaggi says their boss is "seriously considering" a bid for New York's redrawn 3rd Congressional District, a blue-leaning Long Island-based seat that just picked up a slice of the Bronx and Westchester County in its latest incarnation. That sliver includes Biaggi's hometown of Pelham and also overlaps with her legislative district. Several notable Democrats are already running in the 3rd, which is open because Democratic Rep. Tom Suozzi is running for governor, but Biaggi has experience prevailing in difficult primaries: In 2018, she won a stunning 54-46 upset over state Sen. Jeff Klein, who was the well-financed leader of the renegade faction of Democrats known as the IDC.

NY-11: Sigh: Former New York City Mayor Bill de Blasio is reportedly considering a bid for the redrawn 11th Congressional District, which now includes his home in Park Slope.

NY-22, NY-23: Democrat Josh Riley, an attorney who'd been challenging Republican Rep. Claudia Tenney in the old 22nd District, says he'll continue his campaign in the new, Tenney-less version of the seat. Tenney herself previously announced she'd seek re-election in the open 23rd, a much redder seat than the new version of the 22nd, which in fact is really the successor to the old 24th.

The revamped 22nd, which recently came open after GOP Rep. John Katko announced his retirement, was already a Democratic target even before redistricting made it bluer (the latest iteration would have gone 58-40 for Joe Biden). As such, there are already several candidates vying for the nomination, the most notable among them Navy veteran Francis Conole, who raised $202,000 in the fourth quarter of last year and had $413,000 cash-on-hand. Riley, who launched his campaign in mid-November, brought in $410,000 and had the same amount banked.

As for Tenney, yet another would-be Republican opponent, Steuben County GOP chair Joe Sempolinski, has said he won't run against her in the new 23rd. However, state Sen. George Borrello wouldn't rule out a bid in recent comments, though he appears to be holding out the extremely slender hope that Republicans will successfully challenge the new map in court.

NY-24: Republican Rep. Chris Jacobs, who represents the old 27th District, says he will seek re-election in the new 24th, which shares much of its DNA with his current seat and is likewise deep red. However, he may not have a clear shot at the nomination: Attorney Todd Aldinger, who has repeatedly sued to overturn COVID mitigation measures, says he'll run here as well.

RI-02: Michael Neary, who worked as a staffer for then-Ohio Gov. John Kasich's 2016 campaign for the Republican presidential nomination, has joined the September Democratic primary.

Mayors

Washington, D.C. Mayor: Mayor Muriel Bowser went into the new year with a huge fundraising lead over her two rivals in the June Democratic primary, a contest that is tantamount to election in the District of Columbia.

Bowser led Robert White, who holds an at-large post on the Council of the District of Columbia, $2.4 million to $555,000 in cash-on-hand; White, who like Bowser is utilizing the local public financing system, said that he would have a total of $910,000 to spend once matching funds are included, however. Another Council member, Trayon White (who is not related to Robert White), had less than $3,000 available.

Ed. note: In our previous newsletter, we reported erroneous cash-on-hand figures for several candidates running in incumbent-vs.-incumbent races for the House. We have since corrected those numbers.

Morning Digest: Ohio Supreme Court strikes down GOP’s legislative gerrymander

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

Leading Off

OH Redistricting: The Ohio Supreme Court on Wednesday struck down the new Republican-drawn state House and Senate maps as an unconstitutional gerrymander and ordered the state's Ohio Redistricting Commission to adopt new lines within 10 days. This decision does not apply to the Republican-drafted new congressional map, which is the subject of a separate case that the justices have yet to issue a decision in.

Republican Chief Justice Maureen O'Connor joined the three Democrats in Wednesday's 4-3 ruling, which blasted just how much the lines drawn by the GOP majority on the bipartisan Redistricting Commission benefited Republican candidates. As we've written before, a voter-approved constitutional amendment requires maps to not unfairly benefit one party or the other compared to their statewide support, which Republicans acknowledged was roughly 54% Republican and 46% Democratic according to an average of the last decade's statewide elections.

The justices, though, noted that the state House map favored GOP candidates in 67 of the 99 seats―which would give Team Red the edge in 68% of the districts―while Republicans likewise enjoyed an advantage in 23 of the 33 state Senate constituencies.

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The Redistricting Commission, which has a 5-2 GOP majority, will now need to redraw the lines, and the justices said they retained jurisdiction "to review the plan that the commission adopts for compliance with our order." Ohio's candidate filing deadline is currently set for Feb. 2, though lawmakers can alter that date.

Redistricting

MO Redistricting: The state House's redistricting committee voted Wednesday to advance a congressional map aimed at preserving the Republicans' current 6-2 majority in the delegation.

MS Redistricting: The state Senate on Wednesday approved a new GOP-drawn congressional map, which now goes to Republican Gov. Tate Reeves for his signature.

NC Redistricting: The Wake County Superior Court on Tuesday upheld the new Republican-drawn congressional and legislative maps. Plaintiffs immediately made it clear that they'd appeal the decision to the North Carolina Supreme Court, where Democrats have a 4-3 majority.  

PA Redistricting: The Republican-controlled state House has passed a new congressional map that would almost certainly be vetoed by Democratic Gov. Tom Wolf should it reach his desk.

SC Redistricting: The GOP-run state House Judiciary Committee has advanced a new congressional map aimed at shoring up Republican Rep. Nancy Mace in the 1st District. Last month, the chamber introduced a different map that would have actually made the 1st more competitive, but Republicans seem to have reversed course since then. State Senate Republicans previously proposed boundaries that also would have strengthened Team Red in the 1st District.

TN Redistricting: The state House's redistricting committee on Wednesday advanced a congressional map that, as Democrats have long feared, aims to turn the 5th District red. The blue bastion of Nashville, which is coterminous with Davidson County, is currently entirely located in longtime Democratic Rep. Jim Cooper's 5th District, but these proposed boundaries would split the city between the 5th, 6th, and 7th Districts. This map would leave the Memphis-based 9th District as the only Democratic-friendly seat in Tennessee.

4Q Fundraising

  • CO-SenMichael Bennet (D-inc): $2.1 million raised, $4.7 million cash-on-hand; Gino Campana (R): $450,000 raised, additional $500,000 self-funded, $760,000 cash-on-hand
  • NE-GovJim Pillen (R): $5.4 million raised (since April), $4.1 million cash-on-hand
  • FL-10Maxwell Frost (D): $407,000 raised
  • IL-14Michael Koolidge (R): $100,000 raised (in six weeks)
  • MN-02Angie Craig (D-inc): $875,000 raised, $2.9 million cash-on-hand
  • NH-01Matt Mowers (R): $400,000 raised, $600,000 cash-on-hand
  • NJ-05Nick De Gregorio (D): $403,000 raised, $375,000 cash-on-hand
  • NV-04Steven Horsford (D-inc): $478,000 raised, $1.6 million cash-on-hand
  • OR-06Matt West (D): $600,000 raised, $480,000 cash-on-hand

Senate

MD-Sen: Republican Gov. Larry Hogan once again declined to rule out a bid against Democratic Sen. Chris Van Hollen on Wednesday one day after the Associated Press detailed national Republicans' ongoing efforts to convince him to run. Hogan downplayed his interest when asked but didn't do anything to take his name out of contention, saying, "I don't have much desire to be in the US Senate." The filing deadline is Feb. 22.

OH-Sen: The radical anti-tax Club for Growth has launched what NBC's Henry Gomez reports is a $750,000 TV and digital buy attacking former state Republican Party chair Jane Timken ahead of the May primary. The Club, which backs ex-state Treasurer Josh Mandel, had been training its fire on venture capitalist J.D. Vance, but it recently released a poll finding that Timken is now Mandel's main threat.

The narrator declares, "Timken claimed she didn't know how she would have voted on Trump's impeachment while passionately defending her RINO congressman after he voted to impeach Trump." That last bit is a reference to retiring Rep. Anthony Gonzalez, who was one of the 10 House Republicans who voted to impeach Donald Trump last year. Timken initially said that the congressman had a "rational reason why he voted that way. I think he's an effective legislator, and he's a very good person." While she soon backtracked and called for Gonzalez's resignation, she didn't do it fast enough to insulate her from attacks like this one.

VT-Sen: Former U.S. Attorney Christina Nolan last week filed paperwork with the FEC for a potential run for the Republican nod, and she now tells VTDigger, "I am definitely exploring the possibility, but I am not yet ready to announce a formal decision or make a formal announcement."

The last time Green Mountain Republicans won a federal election was 2000, when moderate Sen. Jim Jeffords easily secured another term; Jeffords famously abandoned the GOP (and his all-Republican barbershop quartet, the Singing Senators) the following year to caucus with the Democrats as an independent, a move that handed Team Blue control of the upper chamber.

PA-Sen: Ad Impact tells Politico that American Leadership Action, a super PAC set up to aid TV personality Mehmet Oz in the Republican primary, has booked $550,000 in TV time for a negative campaign aimed at former hedge fund manager David McCormick that will begin this month. McCormick is still officially in exploratory mode, but there's little question that he's planning to run especially now that he's resigned from the hedge fund giant Bridgewater Associates.

House

CA-15: While Redwood City Mayor Giselle Hale had mulled campaigning for this safely blue open seat last year, the Democrat announced this week that she would run for the state Assembly instead.

CA-37: Former Los Angeles City Councilwoman Jan Perry has filed FEC paperwork for a potential campaign to succeed Rep. Karen Bass, a fellow Democrat who is leaving to run for mayor of L.A., in the June top-two primary for this safely blue seat. Perry would be the first member of Congress who is both Black and Jewish.

Perry ran for the city's top job in 2013 and ultimately placed fourth in the nonpartisan primary with 16%. She went on to endorse Eric Garcetti in the second round, who named her head of his administration’s Economic Development Department following his victory. Perry stepped down in 2018 and ran for a seat on the Los Angeles County Board of Supervisors two years later, but she took a distant third with just 12%.

The only notable Democrat who has announced a campaign for the 37th District, which includes Central Los Angeles, is Culver City Vice Mayor Daniel Lee. State Sen. Sydney Kamlager, who decisively won her current post last year by beating Lee in a special election, also filed FEC paperwork in late November, but she still hasn't said if she's running.

FL-07: Businessman Scott Sturgill, who lost the 2018 Republican primary for the old version of this seat, has announced a bid to succeed retiring Democratic Rep. Stephanie Murphy in a state where redistricting is still underway. Sturgill self-funded $150,000 for his last campaign but still lost the primary 54-30 to state Rep. Mike Miller, whom Murphy beat months later.

FL-20: Democrat Sheila Cherfilus-McCormick pulled off a 79-20 victory over Republican Jason Mariner in this 77-22 Biden seat in a contest that Republican Gov. Ron DeSantis infamously scheduled to take place a whole nine months after the death of longtime Democratic Rep. Alcee Hastings. Cherfilus-McCormick, who beat now-former Broward County Commissioner Dale Holness by five votes in the very crowded November primary, will be the first-ever Haitian American member of Congress.

The new congresswoman, though, will likely need to prepare for another serious nomination fight. Holness, who never conceded defeat, filed paperwork for another bid last month, and The Sun Sentinel reported at the time that he planned to seek a rematch. Former Broward County Commissioner Barbara Sharief, who earned third place, also told the paper for that article that she was "more than likely" to run again but was "waiting to see what the districts look like."

IN-09: Republican Rep. Trey Hollingsworth announced Thursday that he would not seek a fourth term in Indiana's safely red 9th District in a very unexpected move that bookends what has been a short but surprising congressional career. The revised version of this southeastern Indiana seat, which includes Bloomington, backed Donald Trump 63-35, and Republicans should have no trouble holding onto it.

Hollingsworth had given no obvious indication that he was looking to hit the eject button, especially since he had no serious primary or general election opponent on the horizon. The congressman, though, used an op-ed for IndyStar to remind readers that he'd pledged to only serve four terms total, continuing, "I want to be the change I want to see in this world, so, as I contemplate how I can work for you in new and better ways in the future, I won't run for reelection this year." Hollingsworth added, "I ran for Congress to return this government to the people from the career politicians who had broken it, and I will be damned if I become one in the process."

Hollingsworth began running for Congress in the 2016 cycle very soon after the Tennessee businessman, who had ties to several other states that weren't named Indiana, moved to the Hoosier State. He initially seemed like an afterthought in the Republican primary to succeed now-Sen. Todd Young, but he attracted attention after he used his personal fortune to finance a huge early ad campaign at a time when his more established but cash-poor rivals couldn't get on TV. He also got help from his wealthy father, who financed a super PAC that aired commercials praising the younger Hollingsworth and attacking the presumed frontrunner, Attorney General Greg Zoeller.

Another candidate, state Sen. Erin Houchin, saw where things were going and eventually went up with her own spot warning viewers that Hollingsworth was "a Tennessee millionaire who just moved here to try and buy our seat in Congress," but she lacked the resources to sufficiently blast her opponent. Republicans said just before the primary that Hollingsworth had little ground game and few, if any, local allies, but that didn't stop him from defeating Houchin by a convincing 34-25.

Republican gerrymandering and southern Indiana's continued shift to the right made Hollingsworth the clear favorite in a district that had supported Mitt Romney 57-41 in 2012, but Democrats hoped that a weak GOP nominee would give Monroe County Councilor Shelli Yoder an opening. And for a long time, it seemed like it was possible that Hollingsworth's flaws could indeed sink him, especially after the DCCC released an October poll giving him just a 44-42 edge.

National Democrats backed up their talk with action in the final weeks, and they ultimately spent $1.8 million compared to $1.3 million from their GOP counterparts. Hollingsworth also earned some ugly headlines in the final days when the Associated Press reported that legal papers he filed to serve as a "registered agent" for his real estate business obligate him to simultaneously reside in Virginia, North Carolina, South Carolina, Georgia, and Ohio. The Republican blamed it all on a clerical error, though he didn't help things when, after acknowledging he'd lived in South Carolina, he refused to say where else he'd resided.

All of this, though, was far from enough in a seat as red as the 9th District. Donald Trump carried the seat 61-34, and while Hollingsworth badly trailed the top of the ticket, his 54-40 victory was still far from close. Democrats still hoped that the new congressman could be vulnerable in a very different political climate, but he won by a similar 56-44 spread in 2018 and had no trouble taking what would ultimately be his final term.

MO-04: Retired Navy SEAL Bill Irwin announced this week that he was joining the crowded Republican primary for this safely red open seat.

NE-01: The Omaha World-Herald's Don Walton recently asked state Sen. Mike Flood if he had anything to do with a reported poll testing him in a hypothetical May Republican primary against indicted Rep. Jeff Fortenberry, to which Flood notably responded, "No comment."

Flood previously served as speaker of Nebraska's unicameral state legislature from 2007 until he was termed out in 2013, and he returned to the chamber last year. (Nebraska forbids legislators from serving more than two consecutive terms, but they can come back after a break.) The senator is also the owner of News Channel Nebraska, which Walton describes as "a network of radio and television stations that combine into a statewide media network."

Fortenberry, whom federal prosecutors have charged with lying to investigators as part of a probe into a foreign billionaire who used straw donors to illegally funnel $180,000 to four different GOP candidates, has a trial date tentatively set for Feb. 15, which coincidentally is the day that Flood would need to make a final decision by. That's because Nebraska has a unique law that sets up two filing deadlines, one for current elected officials and one for everyone else. All office-holders who want to be on the 2022 ballot need to file by Feb. 15, even if they're seeking a different post than the one they currently have, while the deadline for everyone else comes two weeks later on March 1.

Whoever emerges with the GOP nod will likely go up against state Sen. Patty Pansing Brooks, a Democrat who currently faces no serious intra-party opposition. The new version of the 1st District, which includes Lincoln and rural areas in the eastern part of the state, supported Donald Trump 54-43.

NJ-07, NJ-11: Phil Rizzo, a Republican who took a distant second in last year's gubernatorial primary, announced Wednesday that he was switching from the 11th to 7th Districts following redistricting and would now take on Democratic Rep. Tom Malinowski. Rizzo will have a very tough task ahead of him, though, if he's to defeat the local and national establishment favorite, former state Sen. Tom Kean Jr., in a June nomination contest that also includes Assemblyman Erik Peterson.

VA-07: The Richmond Times-Dispatch reports that Del. Elizabeth Guzman and Prince William School Board Chair Babur Lateef are each considering challenging Democratic Rep. Abigail Spanberger for renomination now that redistricting has relocated a majority of populous Prince William County to the new 7th District. However, two other Northern Virginia Democrats, state Sen. Jeremy McPike and Del. Luke Torian, say they won't campaign here, while county party chair Tonya James relays that former Del. Jennifer Carroll Foy has also told her she won't run.

On the Republican side, 2020 candidate Tina Ramirez announced this week that she was ending her campaign now that redistricting has moved her out of the 7th. Ramirez will instead challenge state Sen. Amanda Chase, who also dropped out of the congressional race this month, for renomination in 2023.

Ballot Measures

San Jose, CA Ballot: The San Jose City Council on Tuesday voted to place a measure on the June ballot that would move mayoral contests from midterm to presidential years. This year's open seat mayor race would only be for a two-year term if voters approved this measure, but the winner would be allowed to seek two additional four-year terms.

The City Council is also reviewing other ideas, such as adopting instant-runoff voting, that could go on the November ballot. However, an earlier proposal to greatly enhance the mayor's power appears to be off the table for now.

Legislatures

Special Elections: Here's a recap of Tuesday's contest in Maine:

ME-HD-27: Former state Sen. James Boyle held this seat for the Democrats by beating Republican Timothy Thorsen 57-38. Hillary Clinton won 53-40 here, and preliminary numbers from Daily Kos Elections have Joe Biden prevailing by a larger 60-37 spread in 2020.

Democrats are back to a enjoy an 81-64 majority in a 151-person chamber that also includes three independents, one Libertarian, and one member of the Independent for Maine Party; one Republican-held district, the very red HD-145, is open.

Mayors

Austin, TX Mayor: Democratic state Rep. Celia Israel announced Tuesday that she would compete in this year's race to succeed termed-out Mayor Steve Adler as the head of Texas' famously liberal capital city; Israel would be Austin's first gay or Latina mayor.

Milwaukee, WI Mayor: Candidate filing closed Tuesday for the special election to succeed Tom Barrett, who resigned last month to become ambassador to Luxembourg. All the candidates will face off on one nonpartisan ballot on Feb. 15, and the top-two vote-getters will advance to the April 5 general; the winner will be up for a regular four-year term in 2024.

The only surprise on filing day came when Milwaukee City Attorney Tearman Spencer, who had previously announced a campaign, did not submit any signatures. The candidates who turned in the required amount of petitions are:

  • Alderman Marina Dimitrijevic
  • Former Alderman Bob Donovan
  • Acting Mayor Cavalier Johnson
  • Milwaukee County Sheriff Earnell Lucas
  • Businessman Michael Sampson
  • State Sen. Lena Taylor

Most of the field to lead this very blue city identify as Democrats, though Donovan, who badly lost to Barrett in 2016, is active in conservative groups.

Voting Rights Roundup: Georgia Senate wins pave way for Democrats to pass historic election reforms

Leading Off

Congress: With victories in Georgia's Senate runoffs, congressional Democrats now have the opportunity to pass the most important set of voting and election reforms since the historic Voting Rights Act was adopted in 1965. These reforms face a challenging path to passage given Democrats' narrow majorities, but their adoption is critical for preserving American democracy amid unprecedented attacks upon it by Republican extremists both in and outside Congress.

Chief among these proposals is the reintroduction of H.R. 1, the "For the People Act," which House Democrats passed in 2019 and would enact groundbreaking reforms by (1) removing barriers to expanding access to voting and securing the integrity of the vote; (2) establishing public financing in House elections to level the playing field; and (3) banning congressional gerrymandering by requiring that every state create a nonpartisan redistricting commission subject to nonpartisan redistricting criteria.

Democrats have also called for enacting a new Voting Rights Act, which the House passed in 2019 and subsequently named after the late Georgia Rep. John Lewis, a hero of the civil rights movement who died last year. Finally, House Speaker Nancy Pelosi has vowed to bring a bill to the floor to finally end the disenfranchisement of 700,000 Americans by making Washington, D.C. a state, which House Democrats also approved last year. We'll detail each of these major reforms below.

Pelosi has indicated that passing H.R. 1, symbolically named as the first bill of the session, will be a top priority for the new Congress. This bill would adopt the following reforms for federal elections:

  • Establish automatic voter registration at an array of state agencies;
  • Establish same-day voter registration;
  • Allow online voter registration;
  • Allow 16- and 17-year-olds to pre-register so they'll be on the rolls when they turn 18;
  • Allow state colleges and universities to serve as registration agencies;
  • Ban states from purging eligible voters' registration simply for infrequent voting;
  • Establish two weeks of in-person early voting, including availability on Sundays and outside of normal business hours;
  • Standardize hours within states for opening and closing polling places on Election Day, with exceptions to let cities set longer hours in municipal races;
  • Require paper ballots filled by hand or machines that use them as official records and let voters verify their choices;
  • Grant funds to states to upgrade their election security infrastructure;
  • Provide prepaid postage on mail ballots;
  • Allow voters to turn in their mail ballot in person if they choose;
  • Allow voters to track their absentee mail ballots;
  • Require states to establish nonpartisan redistricting commissions for congressional redistricting (likely not until 2030);
  • End prison gerrymandering by counting prisoners at their last address (rather than where they're incarcerated) for the purposes of redistricting;
  • End felony disenfranchisement for those on parole, probation, or post-sentence, and require such citizens to be supplied with registration forms and informed their voting rights have been restored;
  • Provide public financing for House campaigns in the form of matching small donations at a six-for-one rate;
  • Expand campaign finance disclosure requirements to mitigate Citizens United;
  • Ban corporations from spending for campaign purposes unless the corporation has established a process for determining the political will of its shareholders; and
  • Make it a crime to mislead voters with the intention of preventing them from voting.

The John Lewis Voting Rights Advancement Act, meanwhile, would restore the protections that the Supreme Court's conservatives eviscerated in an infamous 2013 decision. That ruling removed a requirement for a number of largely Southern states and localities with a pervasive history of racial discrimination to "preclear" all efforts to change voting laws and procedures with the Justice Department. The VRAA would establish new criteria for deciding which jurisdictions would fall under the preclearance requirement after the 2013 court ruling struck down the old formula.​

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​Under the new setup, any state where officials have committed at least 15 voting rights violations over a 25-year period would be required to obtain preclearance for 10 years. If the state itself, rather than localities within the state, is responsible for the violations, it would take only 10 violations to place it under preclearance. In addition, any particular locality could individually be subjected to preclearance if it commits at least three violations.

Based on this formula, the VRAA would put 11 states back under preclearance: Alabama, California, Florida, Georgia, Louisiana, Mississippi, New York, North Carolina, South Carolina, Texas and Virginia. While most of these states are still in the South (and also under Republican control), the list also includes the two largest Democratic-leaning states in the country, California and New York.

Lastly, the bill to grant statehood to D.C. would shrink the federal District of Columbia down to a handful of important federal buildings surrounding the National Mall while admitting the rest of the district as a new state. All but one House Democrat (who is now no longer in Congress) voted for D.C. statehood last summer, and 46 of the 50 incoming members of the Democratic Senate caucus either sponsored last year's bill or have expressed public support, while the remaining four have yet to take a firm position.

While Democrats winning full control of Congress and the presidency makes it possible to pass the above reforms, their success is far from guaranteed. For starters, Democrats would need unanimous support in the Senate and near-unanimous backing in the House given that every Republican is likely to oppose these reforms.

The most important hurdle, however, is the legislative filibuster, and the fate of these reforms will depend on Senate Democrats either abolishing or curtailing it. Progressive activists have relaunched a movement to eliminate the filibuster entirely following the Georgia victories, while some experts have suggested that Democrats could carve out an exception for voting rights legislation. Either way, Democrats will need to address the filibuster in some fashion, since Senate Republicans have made it clear they will not provide the support necessary to reach a 60-vote supermajority on any of these measures.

Voting Access

Connecticut: Democratic Secretary of State Denise Merrill and legislative Democrats are pushing to pass a series of voting reforms, including the adoption of no-excuse absentee voting, early voting, and automatic voter registration. Last year, lawmakers passed a statute to temporarily expand the definition of illness to allow all voters to cast absentee ballots without needing a specific excuse, and Democrats are considering passing similar legislation this year for upcoming local and special elections with the pandemic still ongoing.

Democrats may also try to permanently remove the excuse requirement by passing a constitutional amendment, as well as once again approving an amendment they passed in 2019 to allow up to three days of early voting. Unless the GOP has a change of heart and supplies enough votes for a three-fourths supermajority, amendments must pass in two sessions with an election in between before going to a voter referendum.

Delaware: Democratic lawmakers in Delaware have introduced two constitutional amendments to expand voting rights: The first would remove the excuse requirement to vote absentee by mail while the second would enable same-day voter registration. Last year, the state temporarily waived the excuse requirement due to the coronavirus pandemic.

Amendments in Delaware must pass the legislature with two-thirds supermajorities in two consecutive sessions, so lawmakers could enact the no-excuse absentee voting amendment this session since they passed it the first time in 2020. (The same-day registration amendment could not go into effect until the 2024 elections at the earliest.) However, since Democrats are just shy of the two-thirds mark in the state House, they will need at least two GOP votes in support. Uniquely among the 50 states, Delaware does not require constitutional amendments to be approved by voters.

District of Columbia: In late November, the Democratic-run Washington, D.C. Council advanced a bill to make permanent a measure temporarily adopted in 2020 that let voters cast ballots at any "vote center" citywide in 2020 instead of just their local polling place. Democratic Mayor Muriel Bowser has yet to sign the bill, which also requires a polling place at the city jail, into law.

Hawaii: Hawaii election chief Scott Nago plans to ask the Democratic-dominated legislature to pass legislation giving voters more time to complete their ballots and to expand the number of in-person "vote centers," where any voter in a county can cast their ballot, to better accommodate voters who can't readily vote by mail or don't want to.

Additionally, voting rights advocates have announced that they will renew their push to ask lawmakers to adopt a bill enacting automatic voter registration through the state's driver's licensing agency and potentially other state agencies, too. The state Senate and House each passed separate bills to adopt automatic registration in 2019, but the proposal failed to become law after the two chambers couldn't agree on a single version.

Illinois: State House Democrats have passed legislation in committee that would make permanent some of the reforms lawmakers adopted in 2020 due to the pandemic, including: counting absentee mail ballots without postage; allowing officials to set up drop boxes for mail ballots; and continuing curbside voting for mobility-limited voters. However, the bill wouldn't extend the practice of sending applications for mail ballots to all voters who have cast ballots in recent election years.

Louisiana: Republican Secretary of State Kyle Ardoin has proposed an emergency voting plan for lawmakers to approve for upcoming local elections and the March 20 special elections for the 2nd and 5th Congressional Districts. Committees in the state Senate and House both advanced the proposal to their respective full chambers earlier this month.

The plan would let voters cast absentee ballots by mail if they are at higher risk for COVID-19, seeking a diagnosis for it, or are subject to a physician's isolation order or caring for someone under isolation. However, it would not waive the excuse requirement for all voters or expand the number of early voting days.

Maine: Democratic Secretary of State Shenna Bellows, who was elevated to the post by Maine's state legislature last month, will push for lawmakers to adopt online voter registration and prepaid absentee ballot postage. Meanwhile, several Democratic legislators have introduced various bills to codify the use of drop boxes, implement a system for letting voters track their absentee ballots, and let absentee ballots be counted earlier.

Maryland: Maryland Democrats have introduced legislation intended to strengthen voting access on college campuses, military bases, retirement homes, and other "large residential communities." Sites like these would be able to request an in-person voting location, and colleges would also be required to establish voter registration efforts on campus and give students an excused absence to vote if needed. The bill would let military service members register online using their identification smart cards issued by the Defense Department.

New Jersey: Committees in both chambers of New Jersey's Democratic-run legislature have declined to advance a measure that would have adopted two weeks of early voting for this year's state-level general elections and some municipal races in May. The New Jersey Globe reported that it was unclear why the bill failed to move forward but also noted that legislative leaders have yet to reach an agreement on the specifics of early voting, including whether to extend it to primaries, despite supporting the idea in principle. Committees in both chambers also passed early voting bills last year, but they did not advance further in 2020.

New York: The past three weeks have been a busy period for voting rights expansions in New York, beginning when Democratic Gov. Andrew Cuomo signed into law an automatic voter registration measure that will involve a variety of different state agencies. Democratic state senators also passed several other reforms this week, including measures to:

The proposals to enact same-day registration and permanently remove the absentee excuse requirement are constitutional amendments that previously passed both legislative chambers in 2019 and must pass again before they can appear on this November's ballot, while the other measures are all statutory and can become law if the Assembly and Cuomo sign off on them.

Oregon: Democratic Gov. Kate Brown has called for several voting reforms in her budget proposal to the Democratic legislature, including reinstituting same-day voter registration; counting mail ballots that are postmarked by Election Day instead of only those received by Election Day; increasing the number of mail ballot drop boxes; and expanding Oregon's automatic voter registration system from just the DMV to include other agencies.

Same-day voter registration would likely require lawmakers to put a constitutional amendment on the ballot thanks to an especially bizarre chapter in state history. Oregon previously offered same-day registration, but lawmakers amended the constitution to repeal it in 1986 after a religious cult called the Rajneeshees attempted large-scale voter fraud in concert with biological warfare that left hundreds of residents poisoned in their unsuccessful plot to take over rural Wasco County's commission in 1984. However, 21 states and D.C. use same-day registration today without problems.

Vermont: Both chambers of Vermont's Democratic-run legislature have passed a bill that lets municipalities decide whether to mail every active registered voter a ballot for the upcoming March 2 "Town Meeting Day" or let them postpone the elections to the spring if needed due to the pandemic. Town meetings are a form of direct democracy unique to New England, during which localities can hold public votes on budgetary and other matters.

Virginia: Virginia Democrats have introduced several major voting reforms, which would expand on the sweeping changes they passed in 2020. This year's measures include:

Democrats have full control of state government, but constitutional amendments must pass both legislative chambers in two consecutive sessions with a state election taking place in between before going to a voter referendum. The felony voter reforms, therefore, could not become law before 2022 at the soonest. While civil rights groups and progressive Democrats support the amendment that would outright abolish felony disenfranchisement, Democratic Gov. Ralph Northam backs the competing amendment that would keep those who are in prison, on parole, or on probation unable to vote.

Voter Suppression

Georgia: Republican state House Speaker David Ralston says he is open to considering removing oversight of Georgia's elections from Secretary of State Brad Raffensperger's office, and Ralston claims he wouldn't need a constitutional amendment to do it.

Raffensperger recently incurred the ire of fellow Republicans after he refused to go along with Trump's illegal efforts to steal the 2020 presidential election in Georgia, prompting Raffensperger to release a recording of an incriminating phone call early this month during which Trump had pressured him to "find" 12,000 fake votes that would allow Trump to claim victory. The New York Times reported on Friday that state prosecutors are increasingly likely to open a formal criminal investigation into Trump over the incident.

Separately, Republican Gov. Brian Kemp has called for adding a voter ID requirement to absentee voting, which Republicans exempted when they initially adopted a voter ID law in the mid-2000s. Up until 2020, absentee voting was disproportionately used by elderly Republican voters, but the GOP's push for new voting restrictions on the practice comes after mail voting heavily favored Democrats, both in November and the Jan. 5 Senate runoffs.

Many Georgia Republicans also want to reinstate the requirement that voters present an excuse in order to request an absentee ballot, along with calling for banning mail ballot drop boxes and restricting who can send ballot applications to voters. Ralston, however, says he opposes eliminating excuse-free absentee voting.

Kansas: The U.S. Supreme Court last month declined to take up Kansas Republicans' appeal of a 10th Circuit Court of Appeals ruling last year that had struck down a law requiring voters to provide documentary proof of citizenship in order to register to vote, effectively dooming the measure. The law was the signature legislative achievement of former Secretary of State Kris Kobach, a Republican who rose to national notoriety as the leader of Trump's bogus "voter fraud" commission.

By the time it was blocked in 2016, the Kansas law had led to one in seven new voter registrations being suspended for lack of documentation, affecting 30,000 would-be registrants in total—a group that was disproportionately young and Latino. The lower court that eventually struck down the law also eviscerated Kobach's credibility and seriously undermined his reputation even among Republicans.

Separately, Kobach's successor as secretary of state, fellow Republican Scott Schwab, reportedly won't implement a bipartisan 2019 voting reform until 2023. That law allows counties to replace traditional local polling places with countywide "vote centers" where any voter in a county may cast their ballot. A provision of the law requires it to first take effect for odd-year local elections before it can be implemented for even-year federal and state elections, so if Schwab's foot-dragging delays it past this year, it couldn't take full effect until 2023.

North Carolina: The 4th Circuit Court of Appeals in December unanimously overturned a lower federal court ruling that had temporarily blocked a voter ID statute passed by North Carolina Republicans from taking effect last election cycle while the case proceeded on the merits. The appellate judges ruled that the lower court had "abused its discretion" by blocking the law.

The lower court had found that there were significant similarities between this law, which Republicans approved in a 2018 lame-duck session, and one they passed in 2013, which another federal court had struck down in 2016 for being part of a package of voting restrictions that they deemed had targeted Black voters "with almost surgical precision."

The 4th Circuit, however, held that the lower court had erred by not presuming that lawmakers had acted in "good faith" when passing the laws, despite the many times that Republican legislators have had their voting laws struck down in court for discrimination. The plaintiffs are in the process of filing a petition to ask the entire 4th Circuit to rehear their case over the preliminary injunction while the case proceeds on the merits.

However, even if they succeed at the 4th Circuit, there's a strong risk of the U.S. Supreme Court eventually reversing them, which is why voting rights advocates may have better odds of blocking the voter ID law in state court instead. Last year, in fact, a state court issued its own preliminary injunction that blocked the law for the November election, and that case is also still ongoing.

Unfortunately for voting advocates, though, the 2020 elections complicated their odds of success at the state level. Democrats suffered three close losses in last November's state Supreme Court elections, leaving them with a slim 4-3 advantage on the bench

The contest for control of the court and the narrowing of Democrats' majority may have implications not only for the voter ID dispute. It could also play a role in the resolution of ongoing litigation over a separate constitutional amendment that authorized the voter ID statute, as well as with cases over North Carolina's felony voter disenfranchisement law, and upcoming lawsuits over redistricting, where the court is the lone bulwark at the state level against renewed GOP gerrymandering.

Texas: The U.S. Supreme Court's right-wing majority has refused to take up state Democrats' appeal in a lawsuit that sought to overturn a Republican-backed restriction that's used in Texas and several other red states to require that only voters under the age of 65 must have an excuse to vote absentee by mail. By refusing to take up the case, the high court left in place a 5th Circuit Court of Appeals ruling that upheld the Texas law in defiance of the 26th Amendment's ban on age discrimination by using logic that if applied to race would effectively result in the revival of Jim Crow voting laws.

Meanwhile, in the Texas state Senate, several GOP senators have introduced a bill that would ban the mailing of unsolicited absentee ballots applications. Populous Democratic-run counties such as Houston's Harris County sought to send applications to all voters in 2020 due to the pandemic, but Republicans convinced the GOP-dominated state Supreme Court to block them.

Existing Senate rules required 19 votes to bring bills to the floor, but after Republicans were reduced to just 18 seats following the November elections, they lowered that threshold for the third time in recent years so that they can overcome Democratic objections and pass new voting restrictions and gerrymanders.

Post Office: One key consequence of Joe Biden's victory and Democrats winning the Senate is that Biden will be able to appoint members of his choosing to the U.S. Postal Service Board of Governors, who in turn could fire Donald Trump's postmaster general, Louis DeJoy, who was instrumental in Trump's attempt to sabotage mail voting last year. With Mitch McConnell unable to block him, Biden can now fill three vacancies on the nine-member board, which currently has four Republicans and two Democrats, thereby giving it a new Democratic majority that could sack DeJoy.

Felony Disenfranchisement

Alabama: Federal District Judge Emily Marks, a Trump appointee, granted Republican defendants' motion for summary judgment in December in a lawsuit where the plaintiffs had sought to strike down a state law that serves as a de facto poll tax by requiring people with felony convictions who have served their sentences to also pay off any court fines and fees before regaining the right to vote. The plaintiffs say they are considering whether to appeal.

Minnesota: The ACLU is now asking a state appellate court to overturn a lower court's dismissal last August of their lawsuit that sought to strike down Minnesota's ban on voting for people serving out parole or probation for a felony conviction. If the effort succeeds, only people who are currently incarcerated would remain unable to vote.

Tennessee: Voting rights advocates have filed a federal lawsuit seeking to simplify Tennessee's cumbersome process for people with felony convictions who have completed their sentences to regain their voting rights. Plaintiffs in particular object to the GOP's de facto poll tax requirement that requires affected individuals to first pay off all court fines and fees, which they argue violates state law.

Redistricting and Reapportionment

Illinois: Democratic legislators have passed a bill in both chambers that will end the practice of "prison gerrymandering" for state legislative redistricting, sending it to Democratic Gov. J.B. Pritzker. The bill would count incarcerated people for redistricting purposes at their last known address instead of where they are imprisoned.

Iowa: The liberal blog Bleeding Heartland reports that top-ranking GOP state legislators won't rule out using their power to implement gerrymanders by amending the maps submitted to lawmakers by Iowa's nonpartisan redistricting agency. Republicans are in a position to do so because they hold unified control of state government in a redistricting year for the first time since the 1980s, when the nonpartisan agency first came into place.

Maryland: Republican Gov. Larry Hogan has issued an executive order to create an advisory commission that will propose new congressional and legislative maps for the upcoming round of redistricting. The nine commissioners will include three Democrats, three Republicans, and three independents, three of whom will be chosen by Hogan while the other six will be ordinary citizens who can apply here.

Hogan has the power to submit legislative maps to the Democratic-run legislature at the start of the legislative session, but if Democrats pass their own maps within 45 days, Hogan can't veto them. The commission's congressional map, meanwhile, would be strictly advisory in nature. While Hogan could veto new congressional districts, Democrats have the numbers to override him. The commission's proposal could nevertheless influence a court in the event of litigation.

New York: In addition to the voting access measures in our New York item above, Senate Democrats also passed a third constitutional amendment that would make it easier for Democrats to gerrymander new maps next year by lowering the threshold for overriding the state's new bipartisan redistricting commission from a two-thirds supermajority to just three-fifths. Democrats already passed this amendment in 2020, and it would also appear on the November ballot if Assembly Democrats again follow suit. However, it's possible that the lowered threshold won't even matter for the upcoming round of redistricting, since Senate Democrats gained a two-thirds supermajority in November.

The amendment also includes some nonpartisan redistricting reforms, including enshrining in the constitution an existing statutory ban on "prison gerrymandering"; freezing the number of state senators at 63; sharply limiting how cities can be split among Senate districts to prevent a repeated of the anti-urban gerrymandering that occurred when the GOP drew the lines after 2010; and authorizing state to conduct its own census if the federal count is tainted.

Pennsylvania: State House Republicans have passed a constitutional amendment out of committee by a single vote that would effectively gerrymander the state Supreme Court and Pennsylvania's two intermediate appellate courts by ending statewide judicial elections and replacing them with elections based on districts that GOP legislators would draw.

This move comes as retaliation for the state Supreme Court's Democratic majority striking down the GOP's congressional gerrymander in 2018 and protecting voting rights in 2020. Republicans could place it on the May primary ballot if it passes in both chambers for the second required time after the GOP approved the amendment in 2020.

2020 Census: The Trump administration has confirmed in federal court amid ongoing litigation that it will not release key data needed for Donald Trump to implement his attempt to unconstitutionally remove undocumented immigrants from the 2020 census population counts that will be used to reapportion congressional seats and Electoral College votes among the states. The Census Bureau said that it had in fact stopped work on producing those counts altogether.

Instead, the bureau won't compile that data until at least after Biden is sworn in, meaning the incoming president will have a chance to reverse Trump's memo ordering its production and release. The U.S. Supreme Court in December had overturned one of the three lower federal court rulings that had blocked Trump's executive memo, holding that it wasn't yet ripe for adjudication, but the delays will likely moot that litigation.

In addition to the postponed release of reapportionment data, the more granular data needed to conduct actual redistricting itself will likely be delayed past the existing March 31 deadline set by federal law. That could in turn cause several states to delay or even entirely postpone redistricting for elections taking place this year. Some states, however, have deadlines for redistricting written into their constitutions, meaning that late-arriving data could cause unpredictable legal havoc.

Electoral College

Electoral College: Republicans in three key states have proposed altering how their states allocate Electoral College votes in different ways that would have each given Donald Trump more electoral votes in 2020. It's unclear whether these plans have widespread GOP support, and two of them face long odds of passage, but they're by no means the first time that Republicans have floated efforts to manipulate the Electoral College for short-term partisan advantage, and they raise the specter that the GOP will one day go through with it.

In Michigan, GOP Congressman Bill Huizenga called for switching his state from winner-take-all to allocating electoral votes by congressional district, which of course happens to be gerrymandered by the GOP in a way that would have resulted in an 8-8 split in 2020 despite Joe Biden winning the state (Michigan Democrats in fact did this very same scheme way back in the 1892 election cycle). Democratic Gov. Gretchen Whitmer could veto such a proposal if the GOP actually tries to pass it, but she faces a potentially competitive re-election contest in 2022 that could leave the GOP with full control of the state heading into the 2024 presidential election.

In Wisconsin, meanwhile, Republican state Rep. Gary Tauchen went further and actually introduced a bill that would similarly assign electoral votes by congressional districts that were gerrymandered by Republicans, a bill that would have given Trump a 6-4 majority in November even though Biden carried the state. As in Michigan, Democratic Gov. Tony Evers could veto the bill if the GOP were to make a serious push to pass it, but he could also be defeated next year, leaving Republicans with unfettered power.

Lastly, Republican state Sen. Julie Slama introduced a bill that would move Nebraska in the opposite direction by abolishing the allocation of electoral votes by congressional district after Joe Biden won the Omaha-based 2nd Congressional District and its lone electoral vote. Unlike in the other two states, Republicans already have full control over state government, but they narrowly lack a filibuster-proof two-thirds supermajority. However, the GOP could eliminate the filibuster rule with a simple majority.

These schemes may or may not work as intended and could even backfire on Republicans in the long term, especially if Wisconsin and Michigan one day turn reliably red. However, these proposals are all motivated solely by partisan self-interest rather than any good-faith concerns about the fairness of the Electoral College.

This is in fact the third straight election to which Republicans have reacted by putting forth plans to tilt the Electoral College in their favor, even though they benefited more from its skew in both 2016 and 2020 than in any elections in a century, according to one analysis.

Two-thirds of Republicans in the U.S. House and several in the Senate unsuccessfully voted last week to overturn Biden's Electoral College victory and steal the 2020 election for Trump mere hours after far-right insurrectionists incited by Trump ransacked the Capitol building itself. That followed an unsuccessful effort by Trump and his allies to agitate for disenfranchising countless voters by asking state legislatures to reject Biden's win and use their gerrymandered majorities to directly install a slate of Trump electors instead.

If the GOP entirely gives up on trying to win the popular vote and instead focuses exclusively on translating its minority support into an Electoral College majority, it's likely only a matter of time before Republicans successfully overturn a Democratic presidential victory, whether through a vote in Congress or state-level schemes to manipulate electoral vote allocation even when Democrats win the popular vote. Doing so risks sparking a far worse crisis than the one America has been living through this past month.

Electoral Reform

Alaska: The Alaska Independence Party, a right-wing fringe party that advocates for the state to secede from the union, filed a lawsuit in state court last month seeking to overturn a statute enacted by voters at the ballot box in 2020 that replaces traditional party primaries with a "top-four" primary and instant-runoff general election. Republicans are considering whether to join the legal challenge.

New York City, NY: A state court rejected issuing a temporary restraining order last month that would have blocked the use of instant-runoff voting ahead of an upcoming City Council special election after opponents of the new law, approved in 2019, filed a lawsuit in early December. The plaintiffs have announced that they will appeal, arguing that the law will lead to confusion that disenfranchises voters in communities of color unless changes are made, a charge that other candidates of color dispute.

Elections

Pennsylvania: Democratic state Sen. Jim Brewster was finally seated by the Pennsylvania Senate's Republican majority after federal District Judge Nicholas Ranjan, a Trump appointee, upheld Brewster's narrow victory last year. Republicans sparked outrage after they had refused to let Brewster take the oath of office for another term even though election officials had certified his victory and the state Supreme Court had upheld it. GOP lawmakers even ejected Democratic Lt. Gov. John Fetterman from presiding over the chamber after he had objected to their power grab.

Republicans rejected the legitimacy of several hundred mail ballots that lacked a handwritten date on the outer envelope, even though the Supreme Court said they were otherwise valid and should be counted. Mail ballots favored Democrats by a lopsided margin thanks to Trump's demagoguery against mail voting, even though it was Republican lawmakers who pushed for a state law that, among other things, removed the excuse requirement to vote by mail in 2019.

This ordeal is an example of state-level Republicans following the lead of Trump and their congressional counterparts in trying to reject the outcome of elections after they've lost. Particularly worrisome for the rule of law is that the GOP refused to abide by the decisions of Democratic state Supreme Court justices and election officials and only capitulated after a Trump-appointed judge rejected their ploy.