To preserve gerrymandering, Wisconsin GOP threatens to impeach justice who critiqued gerrymandering

Wisconsin is so absurdly gerrymandered, a roughly 50-50 split between the state’s Republican and Democratic voters—Donald Trump edged out Hillary Clinton in 2016, President Joe Biden squeaked by Trump in 2020, and Badger Staters narrowly reelected Democratic Gov. Tony Evers in 2022—has somehow produced gaudy Republican supermajorities in both the state Assembly and Senate. The party currently holds a 64-35 advantage in the Assembly and a 21-11 edge in the Senate.

Of course, if Wisconsin Republicans had their druthers, they’d draw little circles around every Chick-fil-A in the state and make those congressional districts. And previous state supreme courts might have let them get away with it.

But when liberal Judge Janet Protasiewicz trounced her conservative opponent in the state Supreme Court election in April, it was a big win—not just for those who care about reestablishing their reproductive rights, but for anyone who genuinely cares about representative democracy.

In other words, fair legislative maps looked achievable for the first time in more than a decade. Which meant it was now past time for the GOP to squeal.

On Friday, Assembly Speaker Robin Vos hinted that impeachment could be on the table if Protasiewicz votes to disrupt the GOP’s plans for a permanent white minority rule over our country—or, worse, if Sen. Ron Johnson is ever forced to fill out his ballot next to a Black person. Why? Because she will have “prejudged” the case.

"If there's any semblance of honor on the state Supreme Court left, you cannot have a person who runs for the court prejudging a case and being open about it, and then acting on the case as if you're an impartial observer," Vos said during an interview with WSAU host Meg Ellefson when questioned about the durability of the Republicans’ bullshit maps. “You cannot have a judge who said, you know, the maps are rigged because she bought into the argument that that’s why we're winning elections, not the quality of our candidates, and then she sits on that trial acting like she's gonna listen and hear both sides fairly—that just can't happen.”

Okay, fine, but it’s kind of hard not to “prejudge” a gerrymandered map. Vos clearly has! Granted, he’s not a judge—and judges do need to rule on the particulars of individual cases without making snap, predetermined decisions, but in the storied history of easy calls, this one is right up there with the 1989 cancelation of “She’s the Sheriff.” 

Anyone who looks at the issue and can’t see what’s going on has no business working at a Pep Boys, much less serving as a supreme court justice. 

Consider this April story from The Atlantic, published shortly after Protasiewicz’s win flipped the state’s highest court to a 4-3 liberal majority:

After Democrats got wiped out in the 2010 midterms, Republicans gerrymandered Wisconsin with scientific precision—ensuring that in a state more or less evenly divided politically, the GOP would maintain its grip on power regardless of how the voters felt about it. Democrats would have to win by a landslide—at least 12 points, according to one expert—just to get a bare majority of 50 seats in the assembly, whereas Republicans could do so by winning only 44 percent of the vote. The U.S. Supreme Court has fueled a bipartisan race to the bottom on gerrymandering by invalidating every voter protection that comes before it, but even in today’s grim landscape, the Badger State is one of the standouts.

Wisconsin is a famously closely divided state, but thanks to their precise drawing of legislative districts, Republicans have maintained something close to a two-thirds majority whether they won more votes or not. With that kind of job security, Republicans in Wisconsin could enact an agenda far to the right of the state’s actual electorate, attacking unions, abortion rights, and voting rights without having to worry that swing voters would throw the bums out. After all, they couldn’t. And year after year, the right-wing majority on the state supreme court would ensure that gerrymandered maps kept their political allies in power and safely protected from voter backlash. Some mismatch between the popular vote and legislative districts is not inherently nefarious—it just happens to be both deliberate and extreme in Wisconsin’s case.

Nice racket, huh? In other words, Wisconsin’s liberals have been held hostage for years by unscrupulous Republicans who couldn’t care less about representative democracy. And this was years before the party as a whole decided it had no use for such quaint throwbacks

But that doesn’t mean Wisconsin Republicans are done being shameless partisans.

The Milwaukee Journal Sentinel:

In January, Protasiewicz called the state's legislative maps "rigged" in a public forum and in March, she told Capital Times reporters in a podcast interview she would "enjoy taking a fresh look at the gerrymandering question."

"They do not reflect people in this state. I don't think you could sell any reasonable person that the maps are fair," Protasiewicz, a former Milwaukee County judge, said in the January forum. "I can't tell you what I would do on a particular case, but I can tell you my values, and the maps are wrong."

Vos suggested if Protasiewicz does not recuse from cases involving the maps, she would violate her oath of office, which might push lawmakers to consider impeaching her.

"I want to look and see, does she recuse herself on cases where she has prejudged? That to me is something that is at the oath of office and what she said she was going to do to uphold the Constitution. That to me is a serious offense."

As The Journal Sentinel points out, Republicans now have the power to hold impeachment trials after having attained a supermajority in the state Senate—largely thanks to gerrymandered maps. And if they do, they could theoretically sideline Protasiewicz in order to protect those same maps.

An impeachment would prevent Justice Protasiewicz from hearing cases until & unless she is acquitted by the Wisconsin Senate. If the Senate drags its feet in holding a trial, that might be enough to leave gerrymandered maps in place for 2024. https://t.co/ifDTHoi9j0 pic.twitter.com/tknTlKAnJj

— Michael Li 李之樸 (@mcpli) August 12, 2023

As the above xweet from Brennan Center redistricting and voting counsel Michael Li explains, judges who’ve been impeached can’t even rule on cases until they’ve been acquitted. With Protasiewicz so sidelined if Republicans pull the trigger on impeachment, they could leverage a deadlocked 3-3 court to keep their maps (and minority rule) in place through 2024. 

Meanwhile, Democrats in the Wisconsin Assembly are understandably calling bullshit. 

"That type of reaction shows how threatened the Republican majority is by a challenge to their rigged maps,” Rep. Evan Goyke, a Milwaukee Democrat, told The Journal Sentinel. “It's really good evidence that the state is gerrymandered, that they'd be willing to go to such an unprecedented maneuver.”

Goyke also suggested that Protasiewicz would have to be dense, corrupt, or a Republican (three great tastes that taste great together) to not see how untenable the current maps are.

"I also think that Justice Protasiewicz is a live human being in Wisconsin and understands that we are living in this gerrymander," Goyke said. "I don't think that one comment invalidates her ability to serve."

Goyke further noted that Protasiewicz’s commanding 11-point victory in April is “a pretty clear mandate where the people stand.”

Sure, but since when do Republicans care where people stand?  They’re typically more interested in forcing them to sit still and take their medicine, whether they want to or not.

But as the Daily Kos Elections team points out in a great thread worth a read, that approach is only going to continue to blow up in GOP faces.

So what would the WI GOP do then? Keep impeaching until there are just two hardcore conservatives left? As we saw in Ohio, voters don't much like it when elected officials try to abrogate their rights. Scorched-earth tactics risk a major backfire for the GOP

— Daily Kos Elections (@DKElections) August 12, 2023

Check out Aldous J. Pennyfarthing’s four-volume Trump-trashing compendium, including the finale, Goodbye, Asshat: 101 Farewell Letters to Donald Trump, at this link. Or, if you prefer a test drive, you can download the epilogue to Goodbye, Asshat for the low, low price of FREE.  

Morning Digest: Trump-backed rich guy wins close primary to take on Wisconsin’s Democratic governor

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

Leading Off

 WI-Gov: Self-funding businessman Tim Michels, who had Donald Trump’s endorsement, defeated former Lt. Gov. Rebecca Kleefisch 47-42 in the Republican primary to take on Democratic Gov. Tony Evers. Michels was last on the ballot all the way back in 2004 when he lost the Senate race to Democrat Russ Feingold 55-44 as John Kerry was only narrowly carrying Wisconsin 50-49. Team Red, though, is counting on a much better performance from him this time against Evers in what will be one of the biggest races of 2022.

Kleefisch, who was Scott Walker’s running mate in each of his campaigns and had his backing for the top job, looked like the clear frontrunner until April when Michels jumped in seemingly out of nowhere. The construction executive, however, immediately used his wealth to reintroduce himself to voters, and he wound up decisively outspending his opponent after investing at least $12 million into his comeback.

Michels went on to earn Trump’s endorsement in June; the GOP's leader reportedly was infuriated about a 2019 picture of Kleefisch's daughter going to her high school prom with the son of Brian Hagedorn, a conservative state Supreme Court justice who sided against Trump’s attempts to steal the 2020 election. Kleefisch and her allies began airing negative ads a month before Election Day, but Michels spent weeks insisting he wouldn’t do the same.

As recently as last Monday, the businessman proclaimed, “I've never had a negative ad run by my campaign in this race,” explaining, “And the reason is we've never had a single piece of business by talking bad about the competition.” However, while Michels continued, “And the reason is, it's just bad policy, and if you get a reputation of doing that in my industry … people immediately disrespect you,” he decided to risk that disrespect on Thursday by indeed going negative. That belated response, as well as the Club for Growth’s earlier anti-Kleefisch ad campaign, may have made the difference in Tuesday’s close primary.

Election Recaps

Primary Night: Below is a state-by-state look at where Tuesday’s other major contests stood as of 8 AM ET Wednesday, and you can also find our cheat-sheet here.

 CT-Sen (R): Former Ambassador to Chile Leora Levy beat former state House Minority Leader Themis Klarides 51-40 for the right to face Democratic Sen. Richard Blumenthal. Biden won Connecticut 59-39, and there was little indication that the senator was vulnerable even before the Trump-endorsed Levy took the GOP nomination.

Klarides spent years as a GOP rising star in a state where the party desperately needed one, and she had been widely expected to challenge Democratic Gov. Ned Lamont. In January, though, Klarides kicked off a Senate bid instead after wealthy businessman Bob Stefanowski announced that he would seek a rematch with Lamont, who beat him 49-46. However, while Klarides likely believed she’d avoid a tough primary by choosing to go after the entrenched Blumenthal, Levy proved her very wrong.

 MN-01 (special): The Associated Press has not yet called the special election to succeed the late Republican Rep. Jim Hagedorn, but Republican Brad Finstad leads Democrat Jeff Ettinger 51-47 with 118,000 votes in; the AP estimates that this is represents 99% of the total vote. Trump carried this southern Minnesota constituency 54-44 in 2020, while Hagedorn won his second and final term that year 49-46

 MN-01 (R): Finstad easily turned back state Rep. Jeremy Munson 76-24 in the Republican primary for a full two-year term, while Ettinger secured the Democratic nod 92-6 against a little-known foe. Trump would have carried the new version of the 1st, which largely resembles the constituency Hagedorn represented, by a similar 53-44 spread.

Finstad beat Munson just 38-37 in the May special primary, and while Munson filed to run for a full term days later, it initially looked like he was just raising money to pay back a $200,000 campaign loan. Munson announced in July that he would indeed try once more to beat Finstad, but that effort badly collapsed on Tuesday.

 MN-04 (D): Longtime Rep. Betty McCollum pulled off a landslide 83-15 win against party operative Amane Badhasso in the primary for this safely blue St. Paul-based seat.

 MN-05 (D): In arguably the biggest surprise of the evening, Rep. Ilhan Omar fended off former Minneapolis City Council member Don Samuels just 50-48 to win renomination in this heavily Democratic constituency in the Minneapolis area. We’ll take a closer look at this near upset in our next Digest.

MN-AG (R): Attorney Jim Schultz, who earned the state party’s endorsement in May, beat 2018 nominee Doug Wardlow 53-35. Schultz will now take on Democratic Attorney General Keith Ellison, who defeated Wardlow 49-45 four years ago.

Hennepin County, MN Attorney: Former Hennepin County Chief Public Defender Mary Moriarty took first place in the seven-way nonpartisan primary with 36%, while retired judge Martha Holton Dimick edged out state House Majority Leader Ryan Winkler 18-16 for the second spot in the November general election.

Both Moriarty and Dimick are Democrats, but they’ve been running very different campaigns. Moriarty, who has the backing of Rep. Ilhan Omar, Attorney General Keith Ellison, and the state Democratic–Farmer–Labor Party, has pitched herself as a reformer, saying there needs to be “accountability both for people who violate the law and police.”

Dimick, who has both Minneapolis Mayor Jacob Frey and the Minnesota Police and Peace Officers Association in her corner, has in turn argued, “We have to send messages that we will prosecute violent criminals … With that effort to defund the police, people sent the wrong message.” Dimick would be the state's first Black county attorney.

 VT-Sen (R): First-time candidate Gerald Malloy scored a 43-39 win against former U.S. Attorney Christina Nolan, who generated some attention when she launched her campaign; Nolan also had the support of Gov. Phil Scott, who is one of the few prominent Republicans in this very blue state. The result makes little difference for the general election, though, because Democratic Rep. Peter Welch should have no trouble winning the contest to succeed retiring Sen. Pat Leahy in a state Biden took 66-31.

VT-AL (D): State Senate President Pro Tem Becca Balint beat Lt. Gov. Molly Gray 61-37 in the primary to replace Welch as Vermont’s only House member. Balint, who had endorsements from Sen. Bernie Sanders and the LGBTQ Victory Fund, is now set to end Vermont’s status as the only state in America that has not elected a woman to Congress; Balint would also be the Green Mountain State’s first gay representative.

WI-03 (D): State Sen. Brad Pfaff defeated businesswoman Rebecca Cooke 39-31 in the primary to succeed retiring Rep. Ron Kind, who is Pfaff’s former boss and top supporter. Pfaff will now go up against 2020 Republican nominee Derrick Van Orden, who lost to Kind 51-49 in the closest race of the congressman’s career. Trump carried both the old and new versions of this southwestern Wisconsin constituency 51-47.

 WI-AG (R): Fond du Lac County District Attorney Eric Toney holds a 37.5-36.9 edge over former state Rep. Adam Jarchow in a contest that the Associated Press has not yet called; 595,000 ballots have been tabulated, and the AP estimates they represent 99% of the total vote. The winner will go up against Democratic Attorney General Josh Kaul, who won his post in a tight 2018 contest.

WI State Assembly (R): Speaker Robin Vos won renomination 51-49 against Adam Steen, who was very much a longshot until Trump endorsed him last week. No Democrats are running for this seat in the Racine area.

Trump made his move after Vos said that the GOP’s master had recently called him and urged him to retroactively decertify Joe Biden's victory in the state—a move the speaker said was legally impossible. Trump retaliated by trashing Vos for using an old photo of the two of them together in his campaign literature as he endorsed the previously little-known Steen.  

Senate

GA-Sen, GA-Gov, GA-LG: Charlie Bailey, who is Team Blue's nominee for lieutenant governor, has released an internal from Research Affiliates that shows his party doing well in competitive contests. Democratic Sen. Raphael Warnock edges out Republican Herschel Walker 49-46, while GOP Gov. Brian Kemp and Democrat Stacey Abrams are deadlocked 47-47. Bailey also posts a 43-43 tie in his own race against Republican Burt Jones, who was the rare member of Donald Trump's Big Lie slate to win a statewide primary this year.

OK-Sen-B: The Republican pollster Battleground Connect last week found Rep. Markwayne Mullin leading former state House Speaker T.W. Shannon 46-38 ahead of the Aug. 23 Republican primary runoff. This survey, which did not mention a client, is the first poll we've seen of the second round of voting. Mullin outpaced Shannon 44-18 in late June and picked up Trump's endorsement soon after, so it would be a surprise if the runoff is close.

Battleground Connect did depart from the consensus in July when it released a trio of polls in the GOP primary for Arizona's U.S. Senate seat that showed wealthy businessman Jim Lamon narrowly leading the Trump-endorsed Blake Masters at a time when every other firm had Masters well ahead. (Its final poll in late July put Lamon up 30-28.) But that iconoclasm didn't work out well for Battleground Connect or Lamon, and Masters prevailed 40-28 last week.

UT-Sen: Republican incumbent Mike Lee's team has dusted off a WPA Intelligence Poll from July 12-14 that shows him beating independent Evan McMullin 49-35, with 10% going to unnamed other candidates. A survey taken around that same time by Dan Jones & Associates showed Lee up by a considerably smaller 41-36.

Governors

OK-Gov: Oklahoma's Children Our Future, a group that very much does not like Republican Gov. Kevin Stitt, has publicized an internal from the Democratic firm Change Research that shows him leading Democratic Superintendent of Public Instruction Joy Hofmeister only 42-34. Libertarian Natalie Bruno takes 6% while independent Ervin Yen, who is a former Republican state senator, grabs another 4%.

The memo, which begins, "As scandal after scandal plagues the Kevin Stitt administration," says that the governor posted a 58-32 advantage in an unreleased January poll. The last survey we saw was in early June when the GOP firm Amber Integrated gave Stitt a 47-29 edge over Hofmeister, who left the Republican Party in October.

House

CA-13, OR-04, OR-06: Politico’s Ally Mutnick has obtained a trio of polls sponsored by the NRCC and the seat’s respective Republican nominee that show Team Red in competitive races in constituencies Biden decisively carried:

CA-13: Moore Information (R): Adam Gray (D): 47, John Duarte (R): 43

OR-04: Moore Information (R): Val Hoyle (D): 46, Alek Skarlatos (R): 41

OR-06: Cygnal (R): Mike Erickson (R): 47, Andrea Salinas (D): 40

These are the first numbers we’ve seen from any of these contests.

NY-24: Rep. Claudia Tenney has unveiled an internal from Public Opinion Strategies that has her taking 52% in the Aug. 23 GOP primary while her two opponents, attorney Mario Fratto and perennial candidate George Phillips, grab just 6% each. Trump would have won 57-40 in this constituency, which is based in the Finger Lakes region.

The Trump-endorsed Tenney currently represents less than 6% of this revamped district, but neither of her foes have generated much attention. Fratto did finish June with $230,000 on-hand thanks mostly to self-funding, but Tenney was still well ahead with $1 million banked. Phillips, writes The Citizen, "has not been actively campaigning for the seat and did not file a fundraising report."

WA-03: On Tuesday evening Rep. Jaime Herrera Beutler, who was one of the 10 House Republican who voted to impeach Donald Trump last year, conceded last week’s top-two primary one day after she dropped into third place. With 218,000 ballots tabulated Democrat Marie Perez leads with 31% while Trump's candidate, Army veteran Joe Kent, edged out Herrera Beutler 22.8-22.3 for the second general election spot. Trump would have carried this southwestern Washington seat 51-46.

WY-AL: Sen. Cynthia Lummis endorsed attorney Harriet Hageman over the weekend for the Aug. 16 GOP primary almost a year after Donald Trump declared that the senator was already supporting Hageman's bid against Rep. Liz Cheney. Lummis' spokesperson said back in September, "While Senator Lummis is not making an endorsement at this time, she believes President Trump has made an inspired choice in backing Harriet Hageman."

secretaries of state

 WA-SoS: The AP has called a special general election between appointed Democratic incumbent Steve Hobbs and Pierce County Auditor Julie Anderson, who does not identify with either party. Hobbs, who is the first Democrat to hold this office since the 1964 election, took first in last week’s top-two primary with 40%, while Anderson edged out Republican state Sen. Keith Wagoner 13-12 for second. The winner will be up for a full four-year term in 2024.

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Morning Digest: Trump-backed rich guy wins close primary to take on Wisconsin’s Democratic governor

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

Leading Off

 WI-Gov: Self-funding businessman Tim Michels, who had Donald Trump’s endorsement, defeated former Lt. Gov. Rebecca Kleefisch 47-42 in the Republican primary to take on Democratic Gov. Tony Evers. Michels was last on the ballot all the way back in 2004 when he lost the Senate race to Democrat Russ Feingold 55-44 as John Kerry was only narrowly carrying Wisconsin 50-49. Team Red, though, is counting on a much better performance from him this time against Evers in what will be one of the biggest races of 2022.

Kleefisch, who was Scott Walker’s running mate in each of his campaigns and had his backing for the top job, looked like the clear frontrunner until April when Michels jumped in seemingly out of nowhere. The construction executive, however, immediately used his wealth to reintroduce himself to voters, and he wound up decisively outspending his opponent after investing at least $12 million into his comeback.

Michels went on to earn Trump’s endorsement in June; the GOP's leader reportedly was infuriated about a 2019 picture of Kleefisch's daughter going to her high school prom with the son of Brian Hagedorn, a conservative state Supreme Court justice who sided against Trump’s attempts to steal the 2020 election. Kleefisch and her allies began airing negative ads a month before Election Day, but Michels spent weeks insisting he wouldn’t do the same.

As recently as last Monday, the businessman proclaimed, “I've never had a negative ad run by my campaign in this race,” explaining, “And the reason is we've never had a single piece of business by talking bad about the competition.” However, while Michels continued, “And the reason is, it's just bad policy, and if you get a reputation of doing that in my industry … people immediately disrespect you,” he decided to risk that disrespect on Thursday by indeed going negative. That belated response, as well as the Club for Growth’s earlier anti-Kleefisch ad campaign, may have made the difference in Tuesday’s close primary.

Election Recaps

Primary Night: Below is a state-by-state look at where Tuesday’s other major contests stood as of 8 AM ET Wednesday, and you can also find our cheat-sheet here.

 CT-Sen (R): Former Ambassador to Chile Leora Levy beat former state House Minority Leader Themis Klarides 51-40 for the right to face Democratic Sen. Richard Blumenthal. Biden won Connecticut 59-39, and there was little indication that the senator was vulnerable even before the Trump-endorsed Levy took the GOP nomination.

Klarides spent years as a GOP rising star in a state where the party desperately needed one, and she had been widely expected to challenge Democratic Gov. Ned Lamont. In January, though, Klarides kicked off a Senate bid instead after wealthy businessman Bob Stefanowski announced that he would seek a rematch with Lamont, who beat him 49-46. However, while Klarides likely believed she’d avoid a tough primary by choosing to go after the entrenched Blumenthal, Levy proved her very wrong.

 MN-01 (special): The Associated Press has not yet called the special election to succeed the late Republican Rep. Jim Hagedorn, but Republican Brad Finstad leads Democrat Jeff Ettinger 51-47 with 118,000 votes in; the AP estimates that this is represents 99% of the total vote. Trump carried this southern Minnesota constituency 54-44 in 2020, while Hagedorn won his second and final term that year 49-46

 MN-01 (R): Finstad easily turned back state Rep. Jeremy Munson 76-24 in the Republican primary for a full two-year term, while Ettinger secured the Democratic nod 92-6 against a little-known foe. Trump would have carried the new version of the 1st, which largely resembles the constituency Hagedorn represented, by a similar 53-44 spread.

Finstad beat Munson just 38-37 in the May special primary, and while Munson filed to run for a full term days later, it initially looked like he was just raising money to pay back a $200,000 campaign loan. Munson announced in July that he would indeed try once more to beat Finstad, but that effort badly collapsed on Tuesday.

 MN-04 (D): Longtime Rep. Betty McCollum pulled off a landslide 83-15 win against party operative Amane Badhasso in the primary for this safely blue St. Paul-based seat.

 MN-05 (D): In arguably the biggest surprise of the evening, Rep. Ilhan Omar fended off former Minneapolis City Council member Don Samuels just 50-48 to win renomination in this heavily Democratic constituency in the Minneapolis area. We’ll take a closer look at this near upset in our next Digest.

MN-AG (R): Attorney Jim Schultz, who earned the state party’s endorsement in May, beat 2018 nominee Doug Wardlow 53-35. Schultz will now take on Democratic Attorney General Keith Ellison, who defeated Wardlow 49-45 four years ago.

Hennepin County, MN Attorney: Former Hennepin County Chief Public Defender Mary Moriarty took first place in the seven-way nonpartisan primary with 36%, while retired judge Martha Holton Dimick edged out state House Majority Leader Ryan Winkler 18-16 for the second spot in the November general election.

Both Moriarty and Dimick are Democrats, but they’ve been running very different campaigns. Moriarty, who has the backing of Rep. Ilhan Omar, Attorney General Keith Ellison, and the state Democratic–Farmer–Labor Party, has pitched herself as a reformer, saying there needs to be “accountability both for people who violate the law and police.”

Dimick, who has both Minneapolis Mayor Jacob Frey and the Minnesota Police and Peace Officers Association in her corner, has in turn argued, “We have to send messages that we will prosecute violent criminals … With that effort to defund the police, people sent the wrong message.” Dimick would be the state's first Black county attorney.

 VT-Sen (R): First-time candidate Gerald Malloy scored a 43-39 win against former U.S. Attorney Christina Nolan, who generated some attention when she launched her campaign; Nolan also had the support of Gov. Phil Scott, who is one of the few prominent Republicans in this very blue state. The result makes little difference for the general election, though, because Democratic Rep. Peter Welch should have no trouble winning the contest to succeed retiring Sen. Pat Leahy in a state Biden took 66-31.

VT-AL (D): State Senate President Pro Tem Becca Balint beat Lt. Gov. Molly Gray 61-37 in the primary to replace Welch as Vermont’s only House member. Balint, who had endorsements from Sen. Bernie Sanders and the LGBTQ Victory Fund, is now set to end Vermont’s status as the only state in America that has not elected a woman to Congress; Balint would also be the Green Mountain State’s first gay representative.

WI-03 (D): State Sen. Brad Pfaff defeated businesswoman Rebecca Cooke 39-31 in the primary to succeed retiring Rep. Ron Kind, who is Pfaff’s former boss and top supporter. Pfaff will now go up against 2020 Republican nominee Derrick Van Orden, who lost to Kind 51-49 in the closest race of the congressman’s career. Trump carried both the old and new versions of this southwestern Wisconsin constituency 51-47.

 WI-AG (R): Fond du Lac County District Attorney Eric Toney holds a 37.5-36.9 edge over former state Rep. Adam Jarchow in a contest that the Associated Press has not yet called; 595,000 ballots have been tabulated, and the AP estimates they represent 99% of the total vote. The winner will go up against Democratic Attorney General Josh Kaul, who won his post in a tight 2018 contest.

WI State Assembly (R): Speaker Robin Vos won renomination 51-49 against Adam Steen, who was very much a longshot until Trump endorsed him last week. No Democrats are running for this seat in the Racine area.

Trump made his move after Vos said that the GOP’s master had recently called him and urged him to retroactively decertify Joe Biden's victory in the state—a move the speaker said was legally impossible. Trump retaliated by trashing Vos for using an old photo of the two of them together in his campaign literature as he endorsed the previously little-known Steen.  

Senate

GA-Sen, GA-Gov, GA-LG: Charlie Bailey, who is Team Blue's nominee for lieutenant governor, has released an internal from Research Affiliates that shows his party doing well in competitive contests. Democratic Sen. Raphael Warnock edges out Republican Herschel Walker 49-46, while GOP Gov. Brian Kemp and Democrat Stacey Abrams are deadlocked 47-47. Bailey also posts a 43-43 tie in his own race against Republican Burt Jones, who was the rare member of Donald Trump's Big Lie slate to win a statewide primary this year.

OK-Sen-B: The Republican pollster Battleground Connect last week found Rep. Markwayne Mullin leading former state House Speaker T.W. Shannon 46-38 ahead of the Aug. 23 Republican primary runoff. This survey, which did not mention a client, is the first poll we've seen of the second round of voting. Mullin outpaced Shannon 44-18 in late June and picked up Trump's endorsement soon after, so it would be a surprise if the runoff is close.

Battleground Connect did depart from the consensus in July when it released a trio of polls in the GOP primary for Arizona's U.S. Senate seat that showed wealthy businessman Jim Lamon narrowly leading the Trump-endorsed Blake Masters at a time when every other firm had Masters well ahead. (Its final poll in late July put Lamon up 30-28.) But that iconoclasm didn't work out well for Battleground Connect or Lamon, and Masters prevailed 40-28 last week.

UT-Sen: Republican incumbent Mike Lee's team has dusted off a WPA Intelligence Poll from July 12-14 that shows him beating independent Evan McMullin 49-35, with 10% going to unnamed other candidates. A survey taken around that same time by Dan Jones & Associates showed Lee up by a considerably smaller 41-36.

Governors

OK-Gov: Oklahoma's Children Our Future, a group that very much does not like Republican Gov. Kevin Stitt, has publicized an internal from the Democratic firm Change Research that shows him leading Democratic Superintendent of Public Instruction Joy Hofmeister only 42-34. Libertarian Natalie Bruno takes 6% while independent Ervin Yen, who is a former Republican state senator, grabs another 4%.

The memo, which begins, "As scandal after scandal plagues the Kevin Stitt administration," says that the governor posted a 58-32 advantage in an unreleased January poll. The last survey we saw was in early June when the GOP firm Amber Integrated gave Stitt a 47-29 edge over Hofmeister, who left the Republican Party in October.

House

CA-13, OR-04, OR-06: Politico’s Ally Mutnick has obtained a trio of polls sponsored by the NRCC and the seat’s respective Republican nominee that show Team Red in competitive races in constituencies Biden decisively carried:

CA-13: Moore Information (R): Adam Gray (D): 47, John Duarte (R): 43

OR-04: Moore Information (R): Val Hoyle (D): 46, Alek Skarlatos (R): 41

OR-06: Cygnal (R): Mike Erickson (R): 47, Andrea Salinas (D): 40

These are the first numbers we’ve seen from any of these contests.

NY-24: Rep. Claudia Tenney has unveiled an internal from Public Opinion Strategies that has her taking 52% in the Aug. 23 GOP primary while her two opponents, attorney Mario Fratto and perennial candidate George Phillips, grab just 6% each. Trump would have won 57-40 in this constituency, which is based in the Finger Lakes region.

The Trump-endorsed Tenney currently represents less than 6% of this revamped district, but neither of her foes have generated much attention. Fratto did finish June with $230,000 on-hand thanks mostly to self-funding, but Tenney was still well ahead with $1 million banked. Phillips, writes The Citizen, "has not been actively campaigning for the seat and did not file a fundraising report."

WA-03: On Tuesday evening Rep. Jaime Herrera Beutler, who was one of the 10 House Republican who voted to impeach Donald Trump last year, conceded last week’s top-two primary one day after she dropped into third place. With 218,000 ballots tabulated Democrat Marie Perez leads with 31% while Trump's candidate, Army veteran Joe Kent, edged out Herrera Beutler 22.8-22.3 for the second general election spot. Trump would have carried this southwestern Washington seat 51-46.

WY-AL: Sen. Cynthia Lummis endorsed attorney Harriet Hageman over the weekend for the Aug. 16 GOP primary almost a year after Donald Trump declared that the senator was already supporting Hageman's bid against Rep. Liz Cheney. Lummis' spokesperson said back in September, "While Senator Lummis is not making an endorsement at this time, she believes President Trump has made an inspired choice in backing Harriet Hageman."

secretaries of state

 WA-SoS: The AP has called a special general election between appointed Democratic incumbent Steve Hobbs and Pierce County Auditor Julie Anderson, who does not identify with either party. Hobbs, who is the first Democrat to hold this office since the 1964 election, took first in last week’s top-two primary with 40%, while Anderson edged out Republican state Sen. Keith Wagoner 13-12 for second. The winner will be up for a full four-year term in 2024.

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Wisconsin Republicans gave this investigator $676,000 in public funds to claim election was stolen

Some GOP officials never seem to know when to give up. Despite having absolutely no proof, cries that the election was stolen still seem to ring in the ears of Republicans. Despite legal experts noting that it was impossible, a Wisconsin judge has claimed that there are grounds for the state legislature to “decertify” the results of the 2020 election. The claim follows a review of the election demanded by Republicans, in which individuals in the state assembly hired Michael Gableman, a former state supreme court justice to investigate the election.

The 136-page interim report released Tuesday has received widespread bipartisan criticism and has been labeled unnecessary because not only was it poorly done but used $676,000 in public funds. During a presentation of the report Tuesday, Gableman said the state Legislature should “take a very hard look at the option of decertification of the 2020” presidential election. Moments before Gableman presented, Donald Trump encouraged supporters to listen in, BuzzFeed News reported.

Both Democrats and Republicans alike rejected the idea and called the move illegal.

“Still not legal under Wisconsin law,” Republican Assembly Majority Leader Jim Steineke tweeted. “Beyond that, it would have no practical impact b/c there is no Constitutional way to remove a sitting president other than through impeachment or incapacity. Fools errand. Focus on the future.”

I have ten months remaining in my last term. In my remaining time, I can guarantee that I will not be part of any effort, and will do everything possible to stop any effort, to put politicians in charge of deciding who wins or loses elections. 1/

— Jim Steineke 🇺🇦 (@jimsteineke) March 1, 2022

Not sure what kind of attorney Gableman was, because the report not only falsely claimed Biden’s win could be decertified, but also said that decertifying the election would not have any legal consequence.

“It would not, for example, change who the current president is,” the report said.

Of course, like other conservatives, Gableman also attempted to backtrack what he said and issued confusing contradictory statements.

When Democratic state Representative Jodi Emerson, asked him, "Are you saying we should decertify Wisconsin's votes from 2020?"

Gableman responded:

"I'm not saying it and I did not say it because it's not my place to say it. What is my place to say, and what I do believe, and what I do say, is there appears to me—without having the benefit of input from any substantive witness—there appears to me to be very significant grounds for such an action."

Others also dismissed the report, noting that a recount and investigations were conducted multiple times. According to the Associated Press, despite the recounts, multiple state and federal lawsuits, an audit by the nonpartisan Legislative Audit Bureau, and a report by the conservative Wisconsin Institute for Law & Liberty, it was found that Biden defeated Trump by a little under 21,000 votes in Wisconsin.

“There does not appear to be anything new in this report, although it is apparent that Michael Gableman is adopting the most fringe and extreme arguments presented by election deniers,” Attorney Jeffrey Mandell, who is representing the mayor of Green Bay in a lawsuit opposing a subpoena from Gableman, said. “This report, and Mr. Gableman’s presentation, is an embarrassment. This process needs to come to a quick end.”

An Associated Press review of Wisconsin and other battleground states also found far too little fraud to have tipped the election for Trump.

Of course, there are other controversies found in connection with the report. A review conducted by the Associated Press found that the report was paid for with $676,000 in taxpayer money. Additionally, it was due at the end of last year but delayed after mayors and state and local election officials filed multiple lawsuits to block subpoenas issued to them. During his presentation, Gableman said he had spent about $360,000 so far on the investigation and issued 90 subpoenas, but no one with information about how elections are run has spoken with him. 

During the presentation, Gableman not only criticized the process of voting in nursing homes but attacked the use of drop boxes. He recommended changes in voting procedures including shortening the early voting period and dismantling the bipartisan Wisconsin Elections Commission.

Overall Gableman said he hoped the report’s recommendations would be used by lawmakers to enact changes before the session ends next month.

Despite the lack of support for his findings, he even went as far as to suggest that his work continue, as he still has funds remaining in his budget. "I'm not in this for anything other than the truth,” he claimed.

According to CBS News, Gableman was appointed by Wisconsin Assembly Speaker Robin Vos in June 2021. Gableman's appointment came a day after Trump issued a statement saying that Vos and other Wisconsin Republican leaders were "working hard to cover up election corruption."

"I'd like to thank the Office of Special Counsel for their tireless efforts in finding the truth," Vos said in a statement. "They've done a good job at showing there were issues in 2020, and the report is intended to help correct these processes for future elections."