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

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

Leading Off

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

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

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

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

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

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

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

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

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

The Downballot

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

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

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

3Q Fundraising

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

Senate

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

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

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

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

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

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

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

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

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

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

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

Polls:

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

Governors

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

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

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

Polls:

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

House

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

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

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

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

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

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

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

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

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

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

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

Attorneys General & Secretaries of State

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

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

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

Ad Roundup

Morning Digest: Seven states host primaries today, including the biggest of them all

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.

Subscribe to our podcast, The Downballot!

Leading Off

Primary Night: The Gregs of Rath: After a brief break, the primary season continues Tuesday with contests in California, Iowa, Mississippi, Montana, New Jersey, New Mexico, and South Dakota. As always, we've put together our preview of what to watch starting at 8 PM ET when the first polls close. You'll also want to bookmark our primary calendar, which includes the dates for primaries in all 50 states.

Democrats are going on the offensive in several California contests to try to help weaker Republicans pass more formidable opponents in the top-two primary. One of Team Blue's biggest targets is Rep. David Valadao, who was one of 10 Republicans to vote to impeach Donald Trump last year and now faces two intra-party foes in the Central Valley-based 22nd District.

House Majority PAC has dropped $280,000 to boost one of them, former Fresno City Councilman Chris Mathys, by ostensibly attacking him as "100% pro-Trump and proud," while also promoting Democratic Assemblyman Rudy Salas. Valadao's allies at the Congressional Leadership Fund, though, aren't sitting idly by, as they've deployed a larger $790,000 on messaging hoping to puncture Mathys by labeling him "soft on crime, dangerously liberal."

Orange County Democrat Asif Mahmood is trying a similar maneuver against Republican Rep. Young Kim over in the 40th District by airing ads to boost Mission Viejo Councilman Greg Raths, a Republican who has a terrible record in local congressional races. That's also prompted a furious backlash from the CLF, which is spending $880,000 to stop Raths from advancing. But there's been no such outside intervention to the south in the 49th District, where Democratic Rep. Mike Levin is taking action to make sure his GOP foe is Oceanside City Councilman Christopher Rodriguez rather than 2020 rival Brian Maryott.

That's not all that's on tap. We'll be watching GOP primary contests in Mississippi and South Dakota, where Reps. Steven Palazzo and Dusty Johnson face potentially serious intra-party challenges. Both parties will also be picking their nominees for hotly contested general election contests, as well as in safe House seats. You can find more on all these races, as well as the other big elections on Tuesday's ballot, in our preview.

Election Night

California: While the Golden State's many competitive House top-two primaries will take center-stage on Tuesday, we also have several major local races to watch. Unless otherwise noted, all of these races are officially nonpartisan primaries where candidates need to win a majority of the vote in order to avoid a Nov. 8 general election.

We'll begin in the open seat race for mayor of Los Angeles, a contest that's largely been defined by a $34 million spending spree by billionaire developer Rick Caruso. However, while some progressives have feared that the Republican-turned-independent-turned-Democrat's offensive could allow him to win outright, a recent poll from UC Berkeley for the Los Angeles Times shows Democratic Rep. Karen Bass in first with 38%. That survey has Caruso not far behind with 32%, while City Councilman Kevin de León, who ran for Senate in 2018 as a progressive Democrat, lags in third with just 6%.

Over to the north there's a competitive contest to succeed termed-out San Jose Mayor Sam Liccardo in a Silicon Valley community where the major fault lines are usually between business-aligned politicians like Liccardo and candidates closer to labor. The top fundraiser has been Santa Clara County Supervisor Cindy Chavez, a longtime union ally who unsuccessfully ran for mayor in 2006 and now enjoys the backing of PACs funded by labor, police unions, and even the San Francisco 49ers.  Another prominent contender is Councilmember Matt Mahan, who is supported by Liccardo's PAC even though the mayor himself has yet to endorse. The field also includes two other council members, the labor-aligned Raul Peralez and the business-allied Dev Davis, but they have not received any outside aid. San Jose voters Tuesday will also decide on Measure B, which would move mayoral contests to presidential years starting in 2024.

There are also several competitive district attorney races to watch, including in San Jose's Santa Clara County. Three-term incumbent Jeff Rosen is arguing he's made needed criminal justice reforms, but public defender Sajid Khan is campaigning as the "true, real progressive DA" he says the community lacks. The contest also includes former prosecutor Daniel Chung, a self-described "moderate" who has a terrible relationship with his one-time boss Rosen. Over in Orange County, Republican District Attorney Todd Spitzer is hoping that multiple scandals won't prevent him from scoring an outright win against Democrat Peter Hardin and two other opponents.

San Francisco District Attorney Chesa Boudin has a tough race of his own as he tries to turn back a recall campaign, and several polls find voters ready to eject the criminal justice reformer. If a majority vote yes on the recall question, which is identified as Proposition H, Mayor London Breed would appoint a new district attorney until a special election is held this November. However, SF voters will also be presented with Proposition C, which would prevent Breed's pick from running in that contest and make it extremely difficult to get recall questions on future ballots.    

Back in Southern California we'll also be watching the race for Los Angeles County sheriff, where conservative Democratic incumbent Alex Villanueva is trying to win a majority of the vote against eight foes. Bolts Magazine has details on several more law enforcement contests across California as well.

Finally, we also have the special general election to succeed Republican Devin Nunes, who has amazingly not yet been fired as head of Trump's disastrous social media project, in the existing version of the 22nd Congressional District, a Central Valley seat Trump carried 52-46. The first round took place in April and saw former Assembly Republican leader Connie Conway lead Democrat Lourin Hubbard, who is an official at the California Department of Water Resources, 35-19 in all-party primary where Republican candidates outpaced Democrats 66-34. Neither Conway nor Hubbard are seeking a full term anywhere this year.

Senate

AL-Sen: While Rep. Mo Brooks surprised plenty of observers two weeks ago by advancing to the June 21 runoff with former Business Council of Alabama head Katie Britt, his allies at the Club for Growth aren't acting at all confident about his chances of actually winning round two. Politico reports that the Club on Thursday canceled more than $500,000 in advertising time meant to benefit Brooks, who trailed Britt 45-29 on May 24.

The congressman got some more disappointing news the following day when Army veteran Mike Durant, who took third with 23%, announced that he wouldn't support or even vote for either Britt or Brooks. While Durant claimed hours before polls closed on May 24 that he'd endorse Brooks over Britt, he now says, "Mo Brooks has been in politics for 40 years, and all he does is run his mouth." Durant also had harsh words for the frontrunner, arguing, "Katie Britt doesn't deserve to be a senator."

CO-Sen: Wealthy businessman Joe O'Dea has publicized a survey from Public Opinion Strategies that gives him a 38-14 lead over state Rep. Ron Hanks in the June 28 Republican primary to face Democratic incumbent Michael Bennet. O'Dea has also announced that he's spending $325,000 on a TV and radio campaign against Hanks, who ended March with all of $16,000 in the bank.

MO-Sen: While state Attorney General Eric Schmitt's allies at Save Missouri Values PAC have largely focused on attacking disgraced former Gov. Eric Greitens ahead of the August GOP primary, the super PAC is now spending $510,000 on an offensive against a third candidate, Rep. Vicky Hartzler. The spot argues that Hartzler "voted to give amnesty to over 1.8 million illegal immigrants, and she even voted to use our tax dollars to fund lawyers for illegals who invaded our country."

Governors

KS-Gov: Wednesday was the filing deadline for Kansas’ Aug. 2 primaries, and the state has a list of contenders here.

While several Republicans initially showed interest in taking on incumbent Laura Kelly, who is is the only Democratic governor up for re-election this year in a state that Donald Trump carried, Attorney General Derek Schmidt has essentially had the field to himself ever since former Gov. Jeff Colyer dropped out in August. The RGA isn’t waiting for Schmidt to vanquish his little-known primary foe, as it’s already running a commercial promoting him as an alternative to Kelly.

MA-Gov: Attorney General Maura Healey won Saturday's Democratic Party convention with 71% of the delegates, while the balance went to state Sen. Sonia Chang-Díaz. Chang-Díaz took considerably more than the 15% she needed in order to secure a spot on the September primary ballot for governor, but she faces a wide polling and financial deficit.

MD-Gov: The first independent poll of the July 19 Democratic primary comes from OpinionWorks on behalf of the University of Baltimore and the Baltimore Sun, and it finds state Comptroller Peter Franchot in the lead with 20%. Author Wes Moore is close behind with 15%, while former DNC chair Tom Perez and former Prince George's County Executive Rushern Baker take 12% and 7%, respectively; a 31% plurality remains undecided.

While former U.S. Secretary of Education John King snagged just 4%, here, though, his own numbers show him in far better shape. He released an internal from 2020 Insight last month that showed Franchot at 17% as King and Moore took 16%; Perez took the same 12% that OpinionWorks gave him, while 27% were undecided.

OpinionWorks also gives us a rare look at the GOP primary and has former state Commerce Secretary Kelly Schulz, who is backed by termed-out Gov. Larry Hogan, beating Trump-endorsed Del. Dan Cox 27-21; wealthy perennial candidate Robin Ficker is a distant third with 5%, while a hefty 42% of respondents didn't choose a candidate.

MI-Gov: The Michigan Supreme Court on Friday ruled against former Detroit police Chief James Craig and wealthy businessman Perry Johnson's attempts to get on the August Republican primary ballot after state election authorities disqualified them for fraudulent voter petition signatures, but neither of them is giving up hope of still capturing the GOP nod.

Craig acknowledged last month that he would consider a write-in campaign if his legal challenge failed, and he said Sunday on Fox, "It's not over. We are going to be evaluating next steps." While Craig doesn't appear to have addressed the possibility of a write-in campaign since the state's highest court gave him the thumbs down, he responded in the affirmative when asked, "Are they trying to steal your election?" Johnson, for his part, asked a federal judge the following day to halt the printing of primary ballots.

NY-Gov: Last week was the deadline for independent candidates to turn in the 45,000 signatures they'd need to make the November ballot, and disgraced former Gov. Andrew Cuomo did not submit any petitions.

House

FL-07: Seminole County Commissioner Lee Constantine has announced that he'll stay out of the August Republican primary for this newly gerrymandered seat.

KS-03: Democratic Rep. Sharice Davids faces a rematch with former state GOP chair Amanda Adkins, who faces only minor opposition for renomination. Davids beat Adkins 54-44 in 2020 as Joe Biden pulled off an identical win in her suburban Kansas City seat, but Republican legislators passed a new gerrymander this year that slashes Biden’s margin to 51-47.

MD-04: Former Rep. Donna Edwards has earned an endorsement from AFSCME Maryland Council 3, which is the state's largest government employee's union, as well as AFSCME Council 67 and Local 2250 for the July 19 Democratic primary.

MI-10: Former Macomb County Judge Carl Marlinga has dropped an internal from Target Insyght that shows him leading two-time GOP Senate nominee John James 44-40 in a general election contest in this swing seat, which is similar to the 48-45 edge he posted in January. The firm also gives Marlinga a 40-16 advantage over Warren Council member Angela Rogensues in the August Democratic primary.

NC-13: The DCCC has released an in-house survey that shows Democrat Wiley Nickel with a 45-43 advantage over Republican Bo Hines. This poll was conducted May 18-19, which was immediately after both men won their respective May 17 primaries in this competitive district in Raleigh's southern suburbs; it's also the first we've seen from this contest.

NH-01: House Minority Leader Kevin McCarthy on Monday endorsed 2020 nominee Matt Mowers' second campaign to take on Democratic Rep. Chris Pappas. Mowers lost to Pappas 51-46 as Biden was carrying the district 52-46, and he faces several opponents in the August GOP primary for a seat that barely changed under the new court-ordered map.

NV-01: Former 4th District Rep. Cresent Hardy startled observers when he filed to take on Democratic incumbent Dina Titus right before filing closed March 18, but the Republican still doesn't appear to have gotten around to cluing in donors about his latest comeback attempt. Hardy, mystifyingly, waited until April 15 to even open a new fundraising account with the FEC, and he proceeded to haul in all of $9,000 through May 25 without spending a penny of it.  

Hardy faces intra-party opposition next Tuesday from conservative activist David Brog, Army veteran Mark Robertson, and former Trump campaign staffer Carolina Serrano, all of whom we can accurately say spent infinitely more than him. Titus herself is going up against activist Amy Vilela, who took third place with 9% in the 2018 primary for the 4th District.  

NY-19 (special), NY-23 (special): Democratic Gov. Kathy Hochul has officially set Aug. 23 special elections to succeed Democrat Antonio Delgado and Republican Tom Reed in the existing versions of the 19th and 23rd Congressional Districts, respectively. Both races will coincide with the primaries for the new congressional and state Senate districts. The 19th supported Biden 50-48, while the 23rd went for Trump 55-43.

In New York special elections, party leaders select nominees, rather than primary voters, and Democrats in the 23rd District picked Air Force veteran Max Della Pia over the weekend. Della Pia, who unsuccessfully ran in the 2018 primary, has also announced that he'll run for a full two-year term to succeed Republican Rep. Chris Jacobs in the new 23rd, which contains much of Reed's now-former constituency.

NY-23: Developer Carl Paladino launched his bid over the weekend to succeed retiring Republican Rep. Chris Jacobs, and the 2010 GOP gubernatorial nominee immediately picked up an endorsement from the House’s third-ranking Republican, 21st District Rep. Elise Stefanik. Paladino won’t have a glide path to the nomination, though, as state party chair Nick Langworthy reportedly will also enter the August primary ahead of Friday’s filing deadline. Trump would have carried this seat in southwestern upstate New York 58-40.

Langworthy hasn’t said anything publicly about his plans, but Tompkins County Legislator Mike Sigler has abandoned his own nascent campaign to support him. Paladino himself told the Buffalo News he tried to deter the chair from running, but added, “He's all about himself and is using party resources to pass petitions so he can go down to Washington and act like a big shot.”

Both Paladino and Langworthy have longtime ties to Trump, and the two even made an unsuccessful attempt to recruit him to run for governor in 2014. Paladino was all-in for Trump’s White House bid in 2016, and he even dubbed none other than Stefanik a “fraud” for refusing to endorse the frontrunner. (Stefanik has since very much reinvented herself as an ardent Trumpist.) Langworthy himself also was all-in for Trump well before the rest of the GOP establishment fell into line.

Trump’s transition committee condemned Paladino in late 2016 after the then-Buffalo School Board member said he wanted Barack Obama to “catch[] mad cow disease” and for Michelle Obama to “return to being male” and be “let loose” in Zimbabwe; Trump and Paladino, though, have predictably remained buds. Langworthy, for his part, reportedly had Trump’s support in his successful bid to become state party chair.

OH-01: Democrat Greg Landsman has publicized a mid-May internal from Impact Research that shows him deadlocked 47-47 against Republican incumbent Steve Chabot. This is the first survey we've seen of the general election for a Cincinnati-based seat that would have supported Joe Biden 53-45.

TN-05: On Friday night, a state judge ordered music video producer Robby Starbuck back onto the August Republican primary ballot, though the Tennessee Journal predicted, "An appeal appears all but certain." Party leaders ejected Starbuck and two others in April for not meeting the party's definition of a "bona fide" Republican, but the judge ruled that the GOP's decision was invalid because it violated state open meeting law. The deadline to finalize the ballot is Friday.

TX-15: Army veteran Ruben Ramirez announced Monday that he would seek a recount for the May 24 Democratic runoff, a decision he made shortly after the state party's canvas found that he still trailed businesswoman Michelle Vallejo by 30 votes. The eventual nominee will go up against 2020 Republican nominee Monica De La Cruz, who won the Republican primary outright in March, in a Rio Grande Valley seat that Trump would have taken 51-48.

TX-28: Democratic Rep. Henry Cuellar's lead over progressive challenger Jessica Cisneros increased from 177 votes immediately following their runoff two weeks ago to 281 with the final county-by-county canvass of votes that concluded on Friday. Cuellar again declared victory, but Cisneros said on Monday that she would seek a recount.

TX-34 (special): The Texas Tribune reports that Republican Maya Flores and her outside group allies have spent close to $1 million on TV ahead of the June 14 all-party primary for this 52-48 Biden seat. By contrast, Democrat Dan Sanchez and the DCCC are spending $100,000 on a joint digital buy, but they don't appear to be on TV yet. One other Democrat and Republican are also on the ballot, which could keep either Flores or Sanchez from winning the majority they'd need to avert a runoff.

Secretaries of State

MA-SoS: Boston NAACP head Tanisha Sullivan outpaced seven-term Secretary of State Bill Galvin 62-38 at Saturday's Democratic convention, but Galvin proved four years ago that he can very much win renomination after being rejected by party delegates. Boston City Councilor Josh Zakim snagged 55% of the convention vote back in 2018 after arguing that the incumbent had done a poor job advocating for needed voting rights reforms only to lose the primary to Galvin 67-32 months later.

Sullivan, who sports an endorsement from 6th District Rep. Seth Moulton, is adopting a similar argument against Galvin this time. The challenger used her convention speech to argue, "Despite record voter turnout in 2020, hear me on this, voters from some of our most vulnerable communities still saw the lowest voter turnout across Massachusetts, leaving behind far too many voices. I'm talking about the voices of Black, Indigenous, Latinx and AAPI folks."

Galvin, though, insisted his presence was more vital than ever, saying, "I am now the senior Democratic election official in the United States and I intend to use that role to make sure that we're able to make sure that citizens throughout our country have the opportunity to vote."

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