Morning Digest: Congressman turned unsuccessful fast-food proprietor seeks comeback

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

Subscribe to The Downballot, our weekly podcast

Leading Off

The NRCC was recently bashing Democratic candidates who lost elections in previous years as "week old crusty lasagna," so surely that gustatory slur should apply to Republicans too, right? Ex-Rep. Denny Rehberg, once a touted recruit, was last on the ballot in 2012, when Sen. Jon Tester sent him packing. Since then, he's operated a bunch of fast-food restaurants, all of which have since shuttered. (What was that about past-their-prime vittles?) Oh, and he also became a lobbyist. Read more at Daily Kos Elections about Rehberg's quest to win eastern Montana's maybe-open House seat.

He may have co-founded No Labels, but now he wants to adopt at least one label: Former CNN anchor John "Fipp" Avlon just launched a campaign for Congress on Long Island under the banner of the Democratic Party. His problem is that he's not the only person with that idea, since he's joining a crowded primary that already has a frontrunner—and he'll have to explain to voters why a longtime Manhattanite who never voted in Suffolk County prior to 2020 is the right fit for the district. Jeff Singer handicaps the evolving Democratic primary to take on first-term Republican Nick LaLota.

The Downballot

The economy seems to be going great, but lots of voters still say they aren't feeling it. So how should Democrats deal with this conundrum? On this week's episode of "The Downballot," communications consultant Anat Shenker-Osorio tells us that the first step is to reframe the debate, focusing not on "the economy"—an institution many feel is unjust—but rather on voters' economic well-being. Shenker-Osorio advises Democrats to run on a populist message that emphasizes specifics, like delivering tangible kitchen-table economic benefits and protecting personal liberties, including the right to an abortion.

Co-hosts David Nir and David Beard also investigate the new candidacy of rich guy Eric Hovde, the latest in a long line of GOP Senate candidates who have weak ties to the states they want to represent. Then it's on to redistricting news in two states: Wisconsin, which will have fair legislative maps for the first time in ages, and New York, where Democrats are poised to nuke a new congressional map that no one seems to like.

Subscribe to "The Downballot" on Apple Podcasts to make sure you never miss a show. You'll find a transcript of this week's episode right here by noon Eastern time. New episodes every Thursday morning!

Senate

CA-Sen: Analyst Rob Pyers highlights that Fairshake, a super PAC funded by cryptocurrency firms, has deployed an additional $3.2 million against Democratic Rep. Katie Porter. This brings the group's total investment to $6.8 million with less than two weeks to go before the March 5 top-two primary.

MD-Sen: Former Gov. Larry Hogan has publicized an internal poll from Ragnar Research conducted about a week before the Republican unexpectedly entered the race, and it shows him far ahead of both of the major Democrats. The numbers, which were first shared with Punchbowl News, show Hogan outpacing Rep. David Trone and Prince George’s County Executive Angela Alsobrooks 49-33 and 52-29, respectively. The memo did not include numbers pitting Joe Biden against Donald Trump in this blue state.

MI-Sen: The Michigan-based pollster EPIC-MRA finds Democratic Rep. Elissa Slotkin narrowly edging out former GOP Rep. Mike Rogers 39-38 in a hypothetical general election as respondents favor Donald Trump 45-41 over Joe Biden. There is no word if the firm had a client for this survey, though The Detroit Free Press, which often employs EPIC-MRA and first reported these numbers, says that this poll was not conducted on its behalf.

House

AL-01: The Club for Growth has launched a $580,000 TV buy to help Rep. Barry Moore fend off fellow incumbent Jerry Carl in the March 5 Republican primary, an ad campaign that comes more than three months after Moore insisted he wouldn't "accept support" from the well-funded group. But Moore, as we explained at the time, may have issued this public disavowal to stay on the good side of Donald Trump, whose on-again, off-again feud with the Club was very much "on" last year.

Politico reported earlier this month that Club head David McIntosh and Trump have again made peace, though Moore doesn't appear to have said anything new about the Club. However, independent expenditure organizations like the Club's School Freedom Fund affiliate don't need a candidate's permission to get involved and in fact cannot legally seek it.

The Club, of course, is behaving like there never was any feud: Its opening commercial promotes Moore as an ardent Trump ally, complete with a clip of him proclaiming, "Go Trump!" Carl goes unmentioned in the script, though his image appears alongside Mitch McConnell's as the narrator attacks "weak-kneed RINOs." The buy comes shortly after another pro-Moore organization, the House Freedom Caucus, launched what AdImpact reported was a $759,000 buy targeting Carl.

CA-16: Primary School flags that a super PAC called Next Generation Veteran Fund has now spent close to $1.1 million to promote businessman Peter Dixon, who is one of the many Democrats competing in the March 5 top-two primary to replace retiring Democratic Rep. Anna Eshoo in Silicon Valley. The organization, which says it is "exclusively supporting former U.S. Marine Peter Dixon," is connected to the With Honor Fund, a group co-founded by Dixon that backs military veterans in both parties.

Dixon is one of several well-funded Democrats on the ballot, but he's the only one who hasn't previously held elected office. His opponents include former San Jose Mayor Sam Liccardo, Assemblyman Evan Low, and Eshoo's endorsed candidate, Santa Clara County Supervisor Joe Simitian. Palo Alto City Councilmember Julie Lythcott-Haims is also competing, though she finished 2023 with considerably less money than the rest of the pack. (Updated fundraising reports covering Jan. 1 through Feb. 14 are due Thursday evening.)

Dixon's backers at Next Generation Veteran Fund, according to OpenSecrets, have also spent considerably more than any other outside group. Liccardo and Low have each received just over $300,000 in aid from allied super PACs, while about $250,000 has been spent to boost Simitian. None of these PACs have spent in any other contests this year.

Joe Biden carried the 16th District 75-22, so there's a good chance that two Democrats will advance to the Nov. 5 general election. Indeed, the Palo Alto Daily Post writes that one of the two Republican candidates, self-described "small business owner" Karl Ryan, appears to have done no campaigning and has an AI-generated website that "includes made-up quotes from made-up people, and a single photo of Ryan with what appears to be his family."

CO-04: Colorado Politics' Ernest Luning writes that most of the 11 Republicans campaigning to replace retiring GOP Rep. Ken Buck say they'll try to reach the June 25 primary ballot both by collecting signatures and by competing at the party convention. (We explain Colorado's complex ballot access process here.)

The only candidate who appears to have said he'll only take part in the convention, which usually occurs in early April, is former state Sen. Ted Harvey. Logan County Commissioner Jerry Sonnenberg, meanwhile, said at a debate that he's currently only going the convention route but held open the possibility of also gathering signatures.

MN-03: Former state judge Tad Jude announced this week that he'd seek the GOP nod to replace Democratic Rep. Dean Philips, who is continuing on with his quixotic bid for president. But Jude, who has a political career stretching back five decades, may be tilting at windmills himself: While Republicans were the dominant party in this highly educated suburban Twin Cities seat before Donald Trump entered the White House, Joe Biden carried the 3rd District 60-39 in 2020.

Jude was elected to the legislature as a 20-year-old Democrat in 1972, and he still carried that party label in 1992 when he narrowly failed to unseat Rep. Gerry Sikorski in the primary for the 6th District. (Sikorski went on to badly lose reelection to Republican Rod Grams.) Jude soon switched parties and claimed the 1994 GOP nod to replace Grams, who left to wage a successful Senate campaign, but he lost a tight general election to Democrat Bill Luther.

After decisively losing a rematch against Luther two years later, Jude eventually returned to elected office by winning a packed 2010 race for a local judgeship. He left the bench ahead of the 2022 elections to campaign for attorney general, and he responded to his defeat at the GOP convention by switching to the race for Hennepin County prosecutor. That effort, though, also ended after Jude took fourth place in the nonpartisan primary.

MO-03: The Missouri Scout's Dave Drebes reports that state Rep. Justin Hicks has filed FEC paperwork for a potential campaign to replace his fellow Republican, retiring Rep. Blaine Luetkemeyer.

The site also has a candidate tracker for the August GOP primary, and it identifies three names we hadn't heard before as "considering": Cole County Prosecutor Locke Thompson, former state House Speaker Rob Vescovo, and state Rep. Tricia Byrnes. The Scout also lists in the "OUT" column state Sen. Tony Luetkemeyer (whom Drebes has said is the congressman's cousin "of some indeterminate distance") and state Senate President Pro Tem Caleb Rowden. The filing deadline is March 26.

NY-26: Republican leaders nominated West Seneca Supervisor Gary Dickson on Wednesday as their candidate for a difficult April 30 special election to succeed former Democratic Rep. Brian Higgins. Dickson, who was chosen a day before the deadline to pick nominees, will take on Democratic state Sen. Tim Kennedy in a Buffalo area constituency that Joe Biden carried 61-37 in 2020. (Democrats tapped Kennedy in mid-January.)

However, the two men may not have the ballot to themselves. Former Grand Island Town Supervisor Nate McMurray, who was the Democrats' nominee three straight times in the now-defunct 27th District, is trying to collect enough signatures to appear on the ballot as an independent. McMurray previously announced that he would campaign for a full term in the June Democratic primary.

PA-10: EMILYs List on Wednesday endorsed former local TV anchor Janelle Stelson ahead of the six-way April 23 Democratic primary to take on far-right Rep. Scott Perry. Only one other Democrat, however, finished 2023 with a six-figure bank account. Marine veteran Mike O'Brien led Stelson $186,000 to $140,000 in cash on hand, while former local public radio executive Blake Lynch was far back with $22,000.

Perry, for his part, had $547,000 available to defend himself. This seat, which is based in the Harrisburg and York areas, favored Donald Trump 51-47 in 2020.

TN-07: Music video producer Robby Starbuck tells The Tennessee Journal's Andy Sher that he's interested in running to replace retiring Republican Rep. Mark Green in the 7th District, though whether he can even appear on the August GOP primary ballot may not be up to him.

Starbuck campaigned for the neighboring 5th District in 2022 three years after relocating from California to Tennessee, but party leaders ruled that he was not a "bona fide" Republican because he hadn't yet voted in enough primaries in his new home state.

Starbuck unsuccessfully went to court to challenge the GOP for keeping his name off the ballot, but that move may have ended his hopes for future cycles: The state Republican Party passed new by-laws last month stating that any person who's sued the party cannot appear on a primary ballot for the ensuing decade.

Party chair Scott Golden informs Sher that GOP leaders could grant Starbuck the waiver they denied him two years ago, which would allow him to compete in the primary for the 7th District. Still, Golden added that he believed the would-be candidate's primary voting record still prevented him from meeting the regular definition of a "bona fide" Republican.

Sher also reports that state Sen. Kerry Roberts is reportedly interested in seeking the GOP nod if her colleague, Bill Powers, stays out of the race. The candidate filing deadline is April 4.

WA-05: Spokane County Treasurer Michael Baumgartner, a Republican who previously said he was considering competing for this conservative open seat, tells the Washington State Standard he is "receiving overwhelming support to run and could likely make an announcement early next week." He even listed his campaign's likely co-chairs, including Dino Rossi, who was the unsuccessful GOP nominee for competitive races for governor, the Senate, and the 8th Congressional District over the past two decades.

Mayors & County Leaders

Maricopa County, AZ Board of Supervisors: Far-right Rep. Debbie Lesko confirmed Tuesday that she would run for the seat on the Maricopa County Board of Supervisors held by incumbent Clint Hickman, a fellow Republican who is retiring following years of harassment from Big Lie spreaders. We took a detailed look at the elections for the five-member body that leads Arizona's largest county in our story previewing a possible Lesko bid earlier this week.

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Campaign Action

New report shows Mike Johnson’s role as pivotal ‘architect’ of 2020 election denial efforts in House

Mild-mannered House Speaker “MAGA” Mike Johnson is not a headline-seeking showboater when it comes to election denialism. Instead, he largely avoided attention as he worked to overturn the results of the 2020 presidential election. And now he’ll be holding the gavel when the House reconvenes on Tuesday with one of its main priorities being continuing the baseless impeachment inquiry against President Joe Biden.

You won’t find Johnson engaging in over-the-top provocative actions, like Rep. Marjorie Taylor Greene did when she posed with QAnon Shaman Jacob Chansley during a December meeting in Arizona of Turning Point USA, a right-wing youth group. And on Jan. 6, 2021, Johnson avoided direct involvement in the “Stop the Steal” rally outside the White House that ended in the attack on the Capitol. But he did play a key role in providing the legal fig leaf that enabled 147 Republican lawmakers—139 House members and eight senators—to vote against approving the Electoral College count and Joe Biden’s victory.

RELATED STORY: Profiles in cowardice: Three years after Jan. 6, GOP leaders won't hold Trump accountable

Johnson was not among the six Republican lawmakers—including current House Judiciary Committee Chair Jim Jordan of Ohio and Reps. Scott Perry of Pennsylvania and Andy Biggs of Arizona—who were subpoenaed to appear before the House Select Committee investigating the Jan. 6 attack on the Capitol.  Johnson received just one passing mention in the committee’s final report, Politico reported.

But a report released last week by the Congressional Integrity Project to mark the third anniversary of the Jan. 6 insurrection highlighted Johnson’s role as “congressional architect of the effort to overturn the 2020 election, advocating an interpretation of the Constitution so outlandish that not even the Supreme Court’s conservative supermajority could swallow it,” reported the Brennan Center for Justice.

Politico wrote:

A relatively junior House Republican at the time, Johnson was nevertheless the leading voice in support of a fateful position: that the GOP should rally around Donald Trump and object to counting electoral votes submitted by at least a handful of states won by Joe Biden.

Representative Jim Jordan of Ohio was the most prominent public face of the congressional effort to fight the results of the 2020 election, his mentee, the newly elected Speaker Mike Johnson, was a silent but pivotal partner.
So let’s take a closer look at Johnson’s record as a propagator of the Big Lie, because it exposes the danger of what might happen if there is another close presidential election and the GOP retains control of the House with Johnson as speaker.

“You don’t want people who falsely claim the last election was stolen to be in a position of deciding who won the next one,” Rick Hasen, a law professor at the University of California, Los Angeles, told The Associated Press.

“Johnson is more dangerous because he wrapped up his attempt to subvert the election outcomes in lawyerly and technical language,” Hasen said.

Before being elected to Congress in 2016, Johnson, a constitutional law attorney, served as senior legal counsel from 2002-2010 for the Alliance Defense Fund (now known as the Alliance Defending Freedom), a Christian conservative legal advocacy group that opposes abortion and LGBTQ+ rights. Johnson himself wrote opinion pieces against marriage equality and endorsing briefs filed by the ADF meant to criminalize sexual activity between consenting adults, Rolling Stone reported. The Southern Poverty Law Center designated the ADF as a hate group in 2016.

So it was no surprise that Johnson sent out this tweet on Nov. 7, 2020, when media outlets largely called the race for Biden:

I have just called President Trump to say this: "Stay strong and keep fighting, sir! The nation is depending upon your resolve. We must exhaust every available legal remedy to restore Americans' trust in the fairness of our election system."

— Speaker Mike Johnson (@SpeakerJohnson) November 7, 2020

Two days later, Johnson sent out another tweet indicating that he was in regular contact with Trump:

President Trump called me last night and I was encouraged to hear his continued resolve to ensure that every LEGAL vote gets properly counted and that all instances of fraud and illegality are investigated and prosecuted. Fair elections are worth fighting for!

— Speaker Mike Johnson (@SpeakerJohnson) November 9, 2020

Politico wrote that in an interview with a Louisiana-based radio host on Nov. 9, Johnson added details on his call with Trump and made clear that “they already had their eye on a Supreme Court showdown.” Johnson said he thought “there’s at least five justices on the court that will do the right thing.”

Then on Nov. 17, Johnson repeated the debunked claim put forth by Trump lawyers that there was an international conspiracy to hack Dominion voting machines so Trump would lose the election, The Associated Press reported. The AP quoted Johnson as saying:

“In every election in American history, there’s some small element of fraud, irregularity,” Johnson said in the interview. “But when you have it on a broad scale, when you have a software system that is used all around the country that is suspect because it came from Hugo Chavez in Venezuela, when you have testimonials of people like this, it demands to be litigated.”

As more states moved to confirm their election results, Texas Attorney General Ken Paxton filed a hail-Mary lawsuit in early December asking the Supreme Court to reject the election results in four states carried by Biden—Georgia, Pennsylvania, Michigan, and Wisconsin—on the basis that those states introduced pandemic-related changes to election procedures that were illegal.

In Congress, Johnson, who had served on Trump’s first impeachment defense team in early 2020, helped lead the effort to get 126 Republican lawmakers to sign an amicus brief supporting the Texas lawsuit. Johnson tweeted:

President Trump called me this morning to let me know how much he appreciates the amicus brief we are filing on behalf of Members of Congress. Indeed, "this is the big one!" https://t.co/eV1aoNlpvq

— Speaker Mike Johnson (@SpeakerJohnson) December 9, 2020

Then on Dec. 11, in a 7-2 ruling, the Supreme Court rejected the Texas lawsuit. On Dec. 14, the electoral college members met in their states to cast their ballots for president. That same day Johnson said in a radio interview that Congress still had the final say on whether to accept Biden’s electors on Jan. 6, 2021, Politico reported.

On Jan. 5, Johnson met with fellow GOP House members in a closed-door meeting to discuss what they should do in Congress the next day.

Politico wrote:

”This is a very weighty decision. All of us have prayed for God’s discernment. I know I’ve prayed for each of you individually,” Johnson said at the meeting, according to a record of his comments obtained by POLITICO, before urging his fellow Republicans to join him in opposing the results.

On the morning of Jan. 6, 2021, just hours before the mob of Trump supporters attacked the Capitol, Johnson tweeted:

Rep. Mike Johnson, Jan. 6, 2021: “We MUST fight for election integrity, the Constitution, and the preservation of our republic!  It will be my honor to help lead that fight in the Congress today.” pic.twitter.com/4gTYgv3Pc8

— Republican Accountability (@AccountableGOP) October 25, 2023

After the mob of Trump supporters attacked the Capitol, Johnson condemned the violence, according to The New York Times, but he defended the actions of Republican lawmakers to object to Biden’s victory. And when Congress reconvened, more than half of the House GOP caucus supported objections to Biden’s victory.

In an October 2022 report published weeks before the midterm election, The New York Times emphasized Johnson’s role in the vote:

In formal statements justifying their votes, about three-quarters relied on the arguments of a low-profile Louisiana congressman, Representative Mike Johnson, the most important architect of the Electoral College objections.

On the eve of the Jan. 6 votes, he presented colleagues with what he called a “third option.” He faulted the way some states had changed voting procedures during the pandemic, saying it was unconstitutional, without supporting the outlandish claims of Mr. Trump’s most vocal supporters. His Republican critics called it a Trojan horse that allowed lawmakers to vote with the president while hiding behind a more defensible case. …

Even lawmakers who had been among the noisiest “stop the steal” firebrands took refuge in Mr. Johnson’s narrow and lawyerly claims, though his nuanced argument was lost on the mob storming the Capitol, and over time it was the vision of the rioters — that a Democratic conspiracy had defrauded America — that prevailed in many Republican circles.

Johnson has not wavered from his position that he and other House GOP members had been right to object to the election results. 

In its report, the Congressional Integrity Project noted that Johnson had voted against creating a commission to investigate the Jan. 6 attack, calling it “a third impeachment.” He also voted against holding former White House adviser Steve Bannon in contempt of Congress for refusing to comply with a subpoena from the House Jan. 6 select committee.

And just months before the House GOP caucus voted unanimously in October to install Johnson as speaker, he gave oxygen to the baseless conspiracy theory held by right-wing Republicans that federal agents orchestrated the Jan. 6 insurrection. He alleged that FBI Director Christopher Wray was “hiding something” about the FBI’s presence in the Capitol on Jan. 6, the Congressional Integrity Project reported.

In November, Johnson fulfilled a promise he made to far-right members of the House GOP caucus in order to secure the speaker’s post when he announced plans to publicly release thousands of hours of security camera video footage from the Jan. 6, 2021, Capitol attack, blurring the faces of individual protesters. Earlier last year, then-Fox News host Tucker Carlson used selectively edited security camera footage to make the claim that Jan. 6 was largely a peaceful protest and the demonstrators were “not insurrectionists, they were sightseers.”

In its report, the Congressional Integrity Project said one of the biggest dangers is that the attempted Jan. 6, 2021 coup never ended because Johnson and the same Trump allies behind that insurrection are now fully behind the sham Biden impeachment effort.

These Republicans include Johnson, Jordan, Comer, and such firebrands as Reps. Marjorie Taylor Greene of Georgia, Paul Gosar and Andy Biggs of Arizona, and Matt Gaetz of Florida, the report said.

With the report, Kyle Herrig, the executive director of the Congressional Integrity Project, issued a statement that read:

“The same MAGA Republicans who led Donald Trump’s deadly insurrection and attempt to overthrow an election he knew he lost, are the same ones pushing the bogus impeachment of President Biden. MAGA Republicans are a threat to all Americans and our democracy. They will stop at nothing to pursue their radical, out-of-touch agenda, including violence. All of their actions on behalf of the disgraced former president in an attempt to distract from his 91 criminal indictments and help him return to the White House in 2024—and they don’t care who stands in their way.”

RELATED STORY: House GOP kicks off a new year of dysfunction with another impeachment

Campaign Action

Morning Digest: Ohio Republicans once again grovel for Trump’s Senate endorsement

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

Subscribe to The Downballot, our weekly podcast

Leading Off

OH-Sen: While Ohio Secretary of State Frank LaRose has experienced what could charitably be described as a rough August, he insists to Jewish Insider that he's "likely" to earn Donald Trump's endorsement in the Republican primary to face Democratic Sen. Sherrod Brown. Trump "wants to be with somebody who can win the race and also be a good ally of his in the Senate, which I would be," argued LaRose, despite the fact that he reportedly earned the wrong type of attention from the party's supreme leader two weeks ago after he appeared to defend Mike Pence's actions on Jan. 6.

That moment came when NBC's Chuck Todd asked the secretary if Pence had done the right thing by refusing to reject the results of the 2020 election. LaRose replied that Pence "made the best decision he could with the information in front of him." An unnamed source told the network, "The video was sent to Trump by multiple people, and he has watched it," though they didn't say how Trump had responded—though it isn't hard to guess.

LaRose's team, for its part, quickly tried to walk back the candidate's remarks. "His position is that a lot of people wish they'd done things differently on January 6th," said the campaign in a statement. "Mike Pence made decisions based on what he knew at the time. Not everyone agrees that he did, and that includes President Trump." LaRose, though, had more cleanup to perform just days later when he fired press secretary Rob Nichols after Trump allies uncovered anti-Trump tweets Nichols had penned. In one, he had told a MAGA fan, "[I]t's been an incredible indictments race to the bottom for your guys and hunter biden...the daytona 500 of felonies and misdemeanors."

All of this took place shortly after Ohio voters decisively refused to heed LaRose's calls to support Issue 1, the Republican-backed constitutional amendment that would have made it more difficult to change the state's governing document. "This is 100% about keeping a radical, pro-abortion amendment out of our constitution," LaRose told his fellow Republicans in comments that the "no" side plastered across the state in ads.

LaRose also tried to use his ardent support for Issue 1 to enhance his own standing in the Senate primary, declaring at one point that his two wealthy intra-party foes, state Sen. Matt Dolan and businessman Bernie Moreno, should each throw down $1 million to promote it. (Cleveland.com reports that Dolan owns assets worth at least $14.5 million, while Moreno's fortune is valued at a minimum of $25.5 million.) Moreno's team, though, responded to the measure's 57-43 loss by calling it "a preview of what would happen with Frank LaRose at the top of the ticket in 2024—a 14-point landslide loss that crushed conservatives."

Despite LaRose's protestations, Moreno has looked like the candidate with the best chance to secure Trump's endorsement; Trump himself told followers at a July gathering, "We love Ohio, and we love Bernie Moreno." (It also doesn't hurt that Moreno's son-in-law is Rep. Max Miller, a former White House aide who was so close to Trump that a source told Politico in 2021, "They had … kind of a unique 'bro' relationship.")

In his interview with Jewish Insider, LaRose seemed to bash Moreno in particular when he said it was possible to "be a great Trump supporter" without attempting "to be a cheap knockoff" of Trump. We can be pretty certain that he didn't have Dolan in mind: During his failed 2022 campaign for the state's other Senate seat, Dolan said that the GOP needed to move on from the Big Lie and Trump. Predictably, though, he hasn't actually ruled out backing Trump next year.

But Moreno, as the Daily Beast reported last week, has his own history of firing off tweets questioning Big Lie orthodoxy. In December of 2020, the now-candidate tried to argue that, while Democrats were wrong for accusing Trump of colluding with Russia, it was "just as bad for [Trump] to make claims of a fraudulent election without proof." He also condemned the Jan. 6 riots as they were happening and later liked a missive from Texas Rep. Dan Crenshaw defending Liz Cheney's vote to impeach Trump. There's no sign yet, however, that Trump wants to punish Moreno, who now defends the Jan. 6 defendants as "political prisoners" and declared during his aborted 2022 Senate campaign, "President Trump says the election was stolen, and he's right."

Moreno still may need to be on guard, however, after what happened last cycle to former state party chair Jane Timken during the race to succeed retiring Sen. Rob Portman. Trump, reported Politico's Alex Isenstadt, had outright told Timken he'd endorse her only to abruptly change his mind when she initially defended another impeachment backer, Ohio Rep. Anthony Gonzalez. Trump eventually endorsed J.D. Vance, who himself had transformed from a one-time critic into a MAGA lackey, a decision that helped the now-senator win the primary.

Just a few months ago, LaRose seemed determined to avoid humbling himself to win Trump's backing as most of the 2022 field had. The secretary, in a springtime "secret recording" obtained by Politico, instead told fellow Republicans that while Trump's support "matters," only 20% of the primary electorate would "vote for whoever" he endorsed. He added that, while he thought he'd win Trump's favor, he didn't think "begging for it" would work. But his decision to fire Nichols, who had a long history in state GOP politics, has some observers thinking that LaRose is now willing to do whatever it takes to secure Trump's approval.

"Is the Trump endorsement worth burning bridges and setting fire to friendships?" an unidentified strategist asked the conservative Washington Examiner. "Is the Trump endorsement worth that much?" In LaRose's case, the operative argued, it very much isn't. "It just appears unnatural. It's like he's twisting himself in knots. When you're not true to yourself, it shows."

The Downballot

Everyone always talks about redistricting, but what is it like to actually do it? Oregon political consultant Kari Chisholm joins us on this week's episode of The Downballot to discuss his experience as a member of Portland's new Independent District Commission, a panel of citizens tasked with creating the city's first-ever map for its city council. Kari explains why Portland wanted to switch from at-large elections to a district-based system; how new multi-member districts could boost diversity on the council; and the commission's surprisingly effective efforts to divide the city into four equal districts while heeding community input.

Co-hosts David Nir and David Beard also recap yet another New Hampshire special election that saw Democrats overperform district baselines—and why Republicans should be worried about an even bigger special in September. They then discuss why a new Democratic recruit could help put Florida's Senate race in play and highlight another effort to put abortion on the ballot in 2024 in a very red state: Nebraska.

Subscribe to "The Downballot" on Apple Podcasts to make sure you never miss a show—new episodes every Thursday! You'll find a transcript of this week's episode right here by noon Eastern time.

Governors

LA-Gov: Faucheux Strategies finds GOP Attorney General Jeff Landry in strong shape in a survey conducted for several groups, including the state Urban League, the Public Affairs Research Council of Baton Rouge, and five media outlets. Landry and the one serious Democrat in the race, former state Transportation Secretary Shawn Wilson, respectively take 36% and 26% in the Oct. 14 nonpartisan primary, with wealthy independent Hunter Lundy a distant third with just 7%. Faucheux, which is run by veteran Louisiana pollster Ron Faucheux, also shows Landry beating Wilson 54-36 in a Nov. 18 runoff.

Almost every other firm has also shown Landry and Wilson advancing as all their opponents languished in the single digits. The only contrary numbers came in late June when a Remington Research poll for allies of former state Chamber of Commerce head Stephen Waguespack placed Wilson at 27% as Landry edged out its candidate 25-16. The only prior look at a runoff, by contrast, came from a July BDPC survey for the conservative group Citizens for a New Louisiana, and it had Landry edging Wilson just 45-40.

MS-Gov: Democrat Brandon Presley has launched a response spot days after Republican incumbent Tate Reeves debuted a transphobic ad insinuating that his foe opposed a new state law that banned gender-affirming care for minors. "I'm on the record saying I don't support gender surgery for minors or boys playing girls sports―never have," Presley tells the audience. "Truth is, Tate Reeves will say anything to protect his good ol' boy network work and hide the fact that he's caught up in the largest corruption scandal in the history of Mississippi."

House

MN-01: Democratic state Sen. Nick Frentz tells Axios that he's interested in challenging Republican Rep. Brad Finstad in what would be a difficult race for this 54-44 Trump seat in southern Minnesota, and he added that he has no timeline to decide. This area was swingy turf well into the 2010s, but it moved sharply to the right during the Trump era and has remained tough turf for Democrats.

Finstad himself last year won the August special election to succeed the late Jim Hagedorn just 51-47 against Democrat Jeff Ettinger, but he triumphed 54-42 in their rematch a few months later. (The special was conducted using the old congressional map, but the 1st didn't change much following redistricting.) Democratic Gov. Tim Walz, who represented previous versions of this seat for 12 years, also lost the constituency 52-45 against Republican Scott Jensen even as the governor was winning statewide by that same margin.

TX-23: Punchbowl News' Mica Soellner reports that several members of the hardline Freedom Caucus are "plotting behind the scenes" to deny renomination to GOP Rep. Tony Gonzales, but they've yet to consolidate behind any of his challengers. The state party censured the incumbent in March for defying the party line on multiple occasions, but he's remained defiant in a gerrymandered seat that spans from the San Antonio suburbs to El Paso and backed Donald Trump 53-46.

Pennsylvania Rep. Scott Perry, who runs the Freedom Caucus, met with former ICE official Victor Avila in May, while 22nd District Rep. Troy Nehls later hosted an event that Avila addressed. But Avila, who finished a distant fifth place in last year's primary for land commissioner, has yet to earn endorsements from either representative, and he finished June with less than $20,000 available.

Soellner also writes that gun maker Brandon Herrera, who has 2.8 million subscribers on his "The AK Guy" YouTube channel, also had some favorable contact with Florida ​​Rep. Matt Gaetz as he wages his own bid to beat Gonzales. Gaetz last week used his guest-host slot on Newsmax to interview Herrera and call this contest "America's most exciting congressional Republican primary election." Herrera entered the race in July after the new fundraising quarter began.

The field also includes Medina County GOP chair Julie Clark, who kicked off her bid in March. Clark self-funded over $300,000 through June but raised little from donors, and she had only $3,000 left at the end of the last quarter. Arizona Rep. Andy Biggs, says Soellner, has met with Clark as well as Avila. A runoff would take place if no one earned a majority of the vote in next March's primary, a scenario that Gonzales and his $1.6 million war chest would like to avert.

Gonzales defied his party's base by confirming Joe Biden's victory in the hours after the Jan. 6 attack and later supporting gun safety legislation after the Robb Elementary School shooting in Uvalde happened in his district. He responded to the censure vote in March in Spanish with what the Houston Chronicle calls "some words for the group that are probably too coarse for a family newspaper."

Legislatures

NH State House: Democrats racked up another big overperformance in New Hampshire on Tuesday night as David Fracht defeated Republican John Keane 72-28 in a special election for Grafton County's 16th District, 13 points better than Joe Biden's already sizable 64-34 margin. It's the third such result in as many tries this year: In May, Democrats ran 16 points ahead of Biden in another vacant seat in Hillsborough County, which followed a 7-point overperformance in February in a do-over election in Strafford County after November's contest ended in a tie.

Fracht's victory bumps up the Democratic caucus to 197 members, while Republicans have 199 (two more seats are held by independents). Next month, Democrats will try to flip a swingy Republican seat in Rockingham County. If they succeed and then hold another safely blue seat in Hillsborough County in November, then they'll strip away the GOP's majority by forcing the chamber into a 199-199 tie between the parties.

Ethics gone awry: Jan. 6 probe calls for ethics probe of GOP leader McCarthy, 3 fellow GOP lawmakers

For their failure to cooperate with the investigation of the attack on the U.S. Capitol, the Jan. 6 committee on Monday officially requested that the House Ethics Committee assess whether four Republican lawmakers violated congressional ethics rules. 

Those referred to the House Ethics Committee are House Minority Leader Kevin McCarthy of California and Reps. Jim Jordan of Ohio, Andy Biggs of Arizona, and Scott Perry of Pennsylvania. 

The decision is unlikely to gain serious traction given the current dynamics in Congress: The House will be Republican-controlled next year and the House Ethics Committee itself is evenly split between Democrats and Republicans. Additionally, Investigations by the ethics committee into members of Congress are rare and often move slowly, given the required steps to conduct such a probe. Daily Kos interviewed David Laufman, former investigative counsel to the House Ethics Committee, last October to unpack the process. 

All five lawmakers were subpoenaed earlier this year and refused cooperation while simultaneously criticizing the probe publicly as a political witch hunt. Both Biggs and Jordan echoed those sentiments on Monday after the committee announced its referrals.

RELATED: Jan. 6 panel subpoenas five GOP members of Congress including Kevin McCarthy

Biggs, who is running for speaker of the House against McCarthy, called the decision by the Jan. 6 probe its “final political stunt” on Twitter Monday and said it was “inappropriate” to utilize the House Ethics Committee to reach a “pre-determined” conclusion.

Biggs’ commentary on what is or is not appropriate may seem odd given his most recent tirade relying on conspiracy theory over fact.

Biggs was an early advocate of Trump’s Big Lie and messaged then-White House chief of staff Mark Meadows on Nov. 6, calling on Meadows to appoint alternate electors for Trump. Trump, Biggs urged, should not concede his defeat. 

In the executive summary of the select committee’s final report published on Monday, investigators on the panel urged the House Ethics Committee to act. 

“If left unpunished, such behavior undermines Congress’s longstanding power to investigate in support of its lawmaking authority and suggests that members of Congress may disregard legal obligations that apply to ordinary citizens,” the summary states. 

McCarthy was of interest to the probe because of his direct engagement with Trump on Jan. 6.

He spoke to Trump by phone during the siege, as well as Trump White House insiders like Ivanka Trump and Jared Kushner.

Rep. Jaime Herrera Beutler, a Washington Republican, told the committee McCarthy relayed his conversation with Trump to her directly. 

She said:

“And he said [to President Trump], “You have got to get on TV. You’ve got to get on Twitter. You’ve got to call these people off.” You know what the President said to him? This is as it’s happening. He said, “Well Kevin, these aren’t my people. You know, these are Antifa. And Kevin responded and said, “No, they’re your people. They literally just came through my office windows and my staff are running for cover. I mean they’re running for their lives. You need to call them off.” And the President’s response to Kevin to me was chilling. He said, “Well Kevin, I guess they’re just more upset about the election theft than you are.”

McCarthy’s remarks were corroborated by Mick Mulvaney, Trump’s former acting White House chief of staff. 

The House minority leader told reporters at CBS and Fox on Jan. 6 that he spoke to Trump and urged the outgoing president to issue a statement calling for peace. In talks with Republican leadership in the immediate aftermath of Jan. 6, McCarthy discussed Trump’s resignation and invoking the 25th Amendment to remove him from office for being unfit. When Trump was impeached by the House for incitement of insurrection, McCarthy voted against impeachment but said “the president bears responsibility” for the attack. 

“He should have immediately denounced the mob when he saw what was unfolding,” McCarthy said in January 2021. 

According to the committee, McCarthy told Republican members he believed Trump was responsible for the attack, and when he spoke to Trump, Trump agreed he was culpable—at least in part. 

“I asked him personally today, does he hold responsibility for what happened? Does he feel bad about what happened? He told me he does have some responsibility for what happened. And he need[s] to acknowledge that,” McCarthy said.

As for Rep. Jordan, the committee noted in its executive summary on Monday: “Representative Jordan was a significant player in President Trump’s efforts. He participated in numerous post-election meetings in which senior White House officials, Rudolph Giuliani, and others, discussed strategies for challenging the election, chief among them claims that the election had been tainted by fraud.” 

Jordan was a participant on a conference call with Trump on Jan. 2 in which delay strategies were discussed. That same day, Jordan and Trump spoke by phone for an hour. 

A day before the insurrection, Jordan was in contact with Mark Meadows, Trump’s chief of staff. Jordan offered advice to Meadows about how then-Vice President Mike Pence could intervene in the joint session on Jan. 6. Pence did not have that authority and Jordan showed himself to be a less-than-capable reader of the Constitution. 

Jordan also spoke to Trump on Jan. 6 at least twice. His public accounting of that day has been littered with inconsistencies. 

RELATED: Jim ‘Nothing to Hide’ Jordan responds to Jan. 6 committee with a list of demands and specious claims

Evidence collected by the committee indicates Trump’s lawyer, Rudy Giuliani, called Jordan at least five times on the evening of the 6th. Jordan picked up at least two of those calls. Giuliani told the committee he reached out to Jordan because he was one of several lawmakers he called, pleading with them to keep up the spirit and object to the electoral slates once the joint session finally resumed.

Former White House aide Cassidy Hutchinson also testified that Jordan was among those members of Congress who discussed presidential pardons after the attack. But, she added, he never asked for one directly. 

Rep. Scott Perry, who has been on the Justice Department’s Jan. 6 radar for quite some time, was a key proponent of Trump’s Big Lie after the 2020 election. Both he and Jordan were involved in conversations about the objection strategy but it was Perry who arguably had the more influential role. Perry introduced Trump’s chief of staff Mark Meadows to Jeffrey Clark, a mid-level Justice Department lawyer at the time who believed that the election had been “stolen.”

Perry pushed for Trump to speak at the Capitol on Jan. 6, the committee says, and he was among those lawmakers who asked for a pardon once the attack was over. 

The lawmakers’ refusal to cooperate with the investigation was “flagrant,” the committee wrote it in the executive summary of its final report. 

“The Rules of the House of Representatives make clear that their willful noncompliance violates multiple standards of conduct and subjects them to discipline. Willful noncompliance with compulsory congressional committee subpoenas by House Members violates the spirit and letter of House Rule XXIII, Clause 1, which requires House Members to conduct themselves “at all times in a manner that shall reflect creditably on the House,” the report states. 

House Ethics Committee rules dictate that its members can go on a fact-gathering mission when assessing whether a lawmaker violated ethics rules and the body can use subpoenas to compel documents. While this avenue wasn’t particularly successful with McCarthy, Jordan, or Biggs, one particular notable difference here is that members cannot claim privileges like the Speech and Debate clause to avoid scrutiny. 

But the ethics committee would also require a vote to start a probe. If just one Republican currently sitting on the panel breaks ranks, the next step would be the formation of an investigative subcommittee. From that point, a full investigation would be conducted and House Ethics would issue what is known as a “statement of alleged violation.” 

If there's enough clear and convincing evidence and its proven that a member violated ethics rules or the law, liability could be established. Then its about due process. So, let's say a violation IS established. In that case, accountability could translate in a few ways...

— Brandi Buchman (@Brandi_Buchman) December 19, 2022

With enough information, liability could potentially be established and from there, accountability would come by way of a “letter of reproval” of that member or a formal reprimand. A letter of reproval does not require a full House vote, but a reprimand does. 

Only 11 members of Congress have been reprimanded since the process first began in the 1960s. 

Jan. 6 probe makes ethics complaint against four lawmakers including GOP Leader Kevin McCarthy

For their failure to cooperate with the investigation of the attack on the U.S. Capitol, the Jan. 6 committee on Monday officially requested that the House Ethics Committee assess whether four Republican lawmakers violated congressional ethics rules. 

Those referred to the House Ethics Committee are House Minority Leader Kevin McCarthy of California and Reps. Jim Jordan of Ohio, Andy Biggs of Arizona, and Scott Perry of Pennsylvania. 

The decision is unlikely to gain serious traction given the current dynamics in Congress: The House will be Republican-controlled next year and the House Ethics Committee itself is evenly split between Democrats and Republicans. Additionally, Investigations by the ethics committee into members of Congress are rare and often move slowly, given the required steps to conduct such a probe. Daily Kos interviewed David Laufman, former investigative counsel to the House Ethics Committee, last October to unpack the process. 

All five lawmakers were subpoenaed earlier this year and refused cooperation while simultaneously criticizing the probe publicly as a political witch hunt. Both Biggs and Jordan echoed those sentiments on Monday after the committee announced its referrals.

RELATED: Jan. 6 panel subpoenas five GOP members of Congress including Kevin McCarthy

Biggs, who is running for speaker of the House against McCarthy, called the decision by the Jan. 6 probe its “final political stunt” on Twitter Monday and said it was “inappropriate” to utilize the House Ethics Committee to reach a “pre-determined” conclusion.

Biggs’ commentary on what is or is not appropriate may seem odd given his most recent tirade relying on conspiracy theory over fact.

Biggs was an early advocate of Trump’s Big Lie and messaged then-White House chief of staff Mark Meadows on Nov. 6, calling on Meadows to appoint alternate electors for Trump. Trump, Biggs urged, should not concede his defeat. 

In the executive summary of the select committee’s final report published on Monday, investigators on the panel urged the House Ethics Committee to act. 

“If left unpunished, such behavior undermines Congress’s longstanding power to investigate in support of its lawmaking authority and suggests that members of Congress may disregard legal obligations that apply to ordinary citizens,” the summary states. 

McCarthy was of interest to the probe because of his direct engagement with Trump on Jan. 6.

He spoke to Trump by phone during the siege, as well as Trump White House insiders like Ivanka Trump and Jared Kushner.

Rep. Jaime Herrera Beutler, a Washington Republican, told the committee McCarthy relayed his conversation with Trump to her directly. 

She said:

“And he said [to President Trump], “You have got to get on TV. You’ve got to get on Twitter. You’ve got to call these people off.” You know what the President said to him? This is as it’s happening. He said, “Well Kevin, these aren’t my people. You know, these are Antifa. And Kevin responded and said, “No, they’re your people. They literally just came through my office windows and my staff are running for cover. I mean they’re running for their lives. You need to call them off.” And the President’s response to Kevin to me was chilling. He said, “Well Kevin, I guess they’re just more upset about the election theft than you are.”

McCarthy’s remarks were corroborated by Mick Mulvaney, Trump’s former acting White House chief of staff. 

The House minority leader told reporters at CBS and Fox on Jan. 6 that he spoke to Trump and urged the outgoing president to issue a statement calling for peace. In talks with Republican leadership in the immediate aftermath of Jan. 6, McCarthy discussed Trump’s resignation and invoking the 25th Amendment to remove him from office for being unfit. When Trump was impeached by the House for incitement of insurrection, McCarthy voted against impeachment but said “the president bears responsibility” for the attack. 

“He should have immediately denounced the mob when he saw what was unfolding,” McCarthy said in January 2021. 

According to the committee, McCarthy told Republican members he believed Trump was responsible for the attack, and when he spoke to Trump, Trump agreed he was culpable—at least in part. 

“I asked him personally today, does he hold responsibility for what happened? Does he feel bad about what happened? He told me he does have some responsibility for what happened. And he need[s] to acknowledge that,” McCarthy said.

As for Rep. Jordan, the committee noted in its executive summary on Monday: “Representative Jordan was a significant player in President Trump’s efforts. He participated in numerous post-election meetings in which senior White House officials, Rudolph Giuliani, and others, discussed strategies for challenging the election, chief among them claims that the election had been tainted by fraud.” 

Jordan was a participant on a conference call with Trump on Jan. 2 in which delay strategies were discussed. That same day, Jordan and Trump spoke by phone for an hour. 

A day before the insurrection, Jordan was in contact with Mark Meadows, Trump’s chief of staff. Jordan offered advice to Meadows about how then-Vice President Mike Pence could intervene in the joint session on Jan. 6. Pence did not have that authority and Jordan showed himself to be a less-than-capable reader of the Constitution. 

Jordan also spoke to Trump on Jan. 6 at least twice. His public accounting of that day has been littered with inconsistencies. 

RELATED: Jim ‘Nothing to Hide’ Jordan responds to Jan. 6 committee with a list of demands and specious claims

Evidence collected by the committee indicates Trump’s lawyer, Rudy Giuliani, called Jordan at least five times on the evening of the 6th. Jordan picked up at least two of those calls. Giuliani told the committee he reached out to Jordan because he was one of several lawmakers he called, pleading with them to keep up the spirit and object to the electoral slates once the joint session finally resumed.

Former White House aide Cassidy Hutchinson also testified that Jordan was among those members of Congress who discussed presidential pardons after the attack. But, she added, he never asked for one directly. 

Rep. Scott Perry, who has been on the Justice Department’s Jan. 6 radar for quite some time, was a key proponent of Trump’s Big Lie after the 2020 election. Both he and Jordan were involved in conversations about the objection strategy but it was Perry who arguably had the more influential role. Perry introduced Trump’s chief of staff Mark Meadows to Jeffrey Clark, a mid-level Justice Department lawyer at the time who believed that the election had been “stolen.”

Perry pushed for Trump to speak at the Capitol on Jan. 6, the committee says, and he was among those lawmakers who asked for a pardon once the attack was over. 

The lawmakers’ refusal to cooperate with the investigation was “flagrant,” the committee wrote it in the executive summary of its final report. 

“The Rules of the House of Representatives make clear that their willful noncompliance violates multiple standards of conduct and subjects them to discipline. Willful noncompliance with compulsory congressional committee subpoenas by House Members violates the spirit and letter of House Rule XXIII, Clause 1, which requires House Members to conduct themselves “at all times in a manner that shall reflect creditably on the House,” the report states. 

House Ethics Committee rules dictate that its members can go on a fact-gathering mission when assessing whether a lawmaker violated ethics rules and the body can use subpoenas to compel documents. While this avenue wasn’t particularly successful with McCarthy, Jordan, or Biggs, one particular notable difference here is that members cannot claim privileges like the Speech and Debate clause to avoid scrutiny. 

But the ethics committee would also require a vote to start a probe. If just one Republican currently sitting on the panel breaks ranks, the next step would be the formation of an investigative subcommittee. From that point, a full investigation would be conducted and House Ethics would issue what is known as a “statement of alleged violation.” 

If there's enough clear and convincing evidence and its proven that a member violated ethics rules or the law, liability could be established. Then its about due process. So, let's say a violation IS established. In that case, accountability could translate in a few ways...

— Brandi Buchman (@Brandi_Buchman) December 19, 2022

With enough information, liability could potentially be established and from there, accountability would come by way of a “letter of reproval” of that member or a formal reprimand. A letter of reproval does not require a full House vote, but a reprimand does. 

Only 11 members of Congress have been reprimanded since the process first began in the 1960s. 

House Judiciary Republicans release lie-packed, inflated ‘report.’ Will the media bite?

With four days to go before Election Day, the Republicans of the House Judiciary Committee have released a very serious report that is in no way a stunt. Now we get to see how much the media bites.

The report is supposedly about “FBI & DOJ politicization.” In translation: “The FBI and Department of Justice dared investigate Republicans, which can never be a legitimate thing to do.” For instance, it characterizes the FBI’s seizure of Rep. Scott Perry’s cell phone, which was backed by a court-authorized warrant, as the FBI having “stalked a Republican Congressman while on a family vacation to seize his cell phone.” Basically, if the FBI does its job and that is inconvenient for a Republican, it becomes evidence of politicization, according to the report from the Jim Jordan-led Republican committee members.

RELATED STORY: As DOJ reveals Trump concealing national security documents, GOP response is ... pathetic

The document also dedicates space to complaints about the Justice Department investigating threats against school board members (portrayed by Republicans as the Justice Department investigating parents simply for speaking in nonthreatening ways at school board meetings), accuses the FBI and Justice Department of “Artificially inflating statistics about domestic violent extremism” (while Republicans desperately need statistics about domestic violent extremism artificially deflated since it’s their people mostly committing this form of terrorism), and “Clearing the Bureau of employees who dissent from its woke, leftist agenda.” Haha, yes, the FBI is well known for its woke leftist agenda. Bunch of wild-eyed dope-smoking antifa hippies over there. (Fewer than 5% of FBI agents are Black, by the way.)

Here’s a measure of how seriously this report should be taken: The House Judiciary Republicans are promoting it as a “1,000 Page Report.”

1,000 of the 1,050 pages are copies of letters Rs have sent to the Biden administration — including 94 copies of the same five page letter to all US attorneys. https://t.co/I0Erhs2u9n

— Kyle Cheney (@kyledcheney) November 4, 2022

That’s 470 pages of the same letter out of the 1,000 pages that Republicans are bragging about to make this sound like a detailed, meaty report.

They got their headline from Axios, which ran with “Scoop: House GOP to release 1,000-page road map for Biden FBI probe,” although they also got an Axios “reality check” noting that “Trump himself sought to exert pressure on his own Justice Department throughout his presidency, beginning with his demands for ‘loyalty’ from former FBI director James Comey and culminating in his attempts to use the agency to remain in power after the 2020 election” and quoting former U.S. Attorney Geoffrey Berman: “Throughout my tenure as U.S. attorney, Trump’s Justice Department kept demanding that I use my office to aid them politically, and I kept declining — in ways just tactful enough to keep me from being fired.”

But to House Republicans like Jordan, it’s justified and righteous if a Republican fires an FBI director for refusing to offer loyalty and politicized and corrupt if the FBI executes a search based on a court warrant on a Republican. Their position is really that simple.

Even given all the repetition, the document still contains a large number of falsehoods. Check this out:

The House Judiciary GOP's new report features a ... very charitable summary of Trump's level of cooperation in the MAL documents case pic.twitter.com/jJIFuQmXbl

— Aaron Blake (@AaronBlake) November 4, 2022

In this account, the FBI and Justice Department’s efforts to get Donald Trump to give back the documents he stole become Trump graciously allowing them to try, and every so often coughing up a few more documents or adding security to the storage room where he was keeping the stolen documents.

This is the best part of that passage, though: “On September 13, a federal judge unsealed additional portions of the affidavit—although still largely redacted—that showed President Trump had returned even more documents to the Department than previously known.” So generous of him, right?

But! “Despite the publicly available level of cooperation, Attorney General Garland personally approved the decision to seek a warrant for excessive and unprecedented access to President Trump’s private residence. FBI agents spent approximately nine hours rummaging through President Trump’s personal belongings. They collected more than 11,000 documents, more than 1,600 press articles and printed materials, 19 items of clothing or gifts, and 33 books. They also collected about 100 documents with classification markings.”

I don’t know about you, but to me, following “Trump had returned even more documents to the Department than previously known” with a long list of the things he still had is not exculpatory. Sure, he had more than 11,000 government documents (because that’s a key word missing from their “more than 11,000 documents”—more than 11,000 government documents) in addition to the classified ones, but let’s give the man credit for having returned anything at all, eh? What this shows is that Trump took a damn lot of government documents. And about the “gifts” the FBI seized: Presidents and other government officials are not allowed to keep gifts they are given in their official capacity unless they buy them from the government. Otherwise, gifts are to go to the National Archives. It’s not like we’re talking about Valentine’s Day gifts from Melania and Ivanka.

This report is a political stunt intended to whip up the Republican base with days to go before the election. It’s more than that, though. If Republicans get control of the House and Jordan is the chair of the House Judiciary Committee, “This report is a road map of where [Jordan] will go,” a Republican staffer told Axios. It’s a message about how Republicans will govern—through inflated claims about things as basic as how many pages a report has, baseless accusations, and insistence that any attempt to put limits on Republican wrongdoing is illegitimate.

RELATED STORIES:

Jordan is pushing for Mayorkas impeachment based on ridiculous lie that 'we no longer have a border'

House Republicans sought to scapegoat Pelosi for Trump's coup. It was always absurd—even more so now

How should we be reading the 2022 polls, in light of shifting margins and past misses? In this episode of The Downballot, Public Policy Polling's Tom Jensen joins us to explain how his firm weights polls to reflect the likely electorate; why Democratic leads in most surveys this year should be treated as smaller than they appear because undecided voters lean heavily anti-Biden; and the surprisingly potent impact abortion has had on moving the needle with voters despite our deep polarization.

Jim Jordan isn’t happy about being called before the Jan. 6 Select Committee, but it could be worse

On Wednesday, Rep. Jim Jordan received a letter from the House Select Committee on Jan. 6, inviting him to voluntarily appear before the committee and discuss “in detail” his communications with Donald Trump on Jan. 6. And Jan. 5. And every other date. The committee would also like to hear about Jordan’s communications with Trump’s campaign staff and legal team involved in planning the multi-stage coup.

This letter was phrased in a way that acknowledges the extraordinary nature of a House committee call for a member of the House to testify. It’s also phrased in a way that makes it clear the committee already knows Jordan was deeply involved in planning the attempted overthrow of the legitimate government. Mostly because Jordan can’t stop running his mouth when talking to right-wing media. It’s not so much that the letter is couched in a subtle threat that failure to cooperate will net Jordan a subpoena, even if the evidence comes out anyway. Because it’s really not that subtle.

On Wednesday evening, Jordan did what any Republican called to tell the truth before the nation does: He went on Fox News to whine and complain that the committee isn’t playing fair. But if Jordan thinks that he can just join the long queue of Trump advisers who are doing their best to delay until an expected Republican victory in 2022 can bail them out, he may be surprised. Jim Jordan could find himself arrested.

As The Hill reports, Jordan went on Fox to speak with Brian Kilmeade—who happens to have also sent texts to the White House on Jan. 6, and might be facing his own request to testify—and explain that he has “concerns” about the select committee. In particular, he alleged that the committee has been “altering documents.”

“We're going to review the letter, but I gotta be honest with you. I got real concerns about any committee that will take a document and alter it and present it to the American people, completely mislead the American people like they did last week,” said Jordan.

That reference to “altering documents” apparently refers to how Adam Schiff read part of a Jordan text earlier in the week, rather than giving the whole thing. The portion that Schiff read was repeating a portion of the coup plot indicating that Mike Pence "should call out all electoral votes that he believes are unconstitutional as no electoral votes at all." Because Schiff didn’t read the full text, Jordan is accusing him of altering documents.

The full text doesn’t make this better. If anything, it shows how serious Jordan was about backing the planned coup.

“On January 6, 2021, Vice President Mike Pence, as President of the Senate, should call out all electoral votes that he believes are unconstitutional as no electoral votes at all—in accordance with guidance from founding father Alexander Hamilton and judicial precedence. ‘No legislative act,’  wrote Alexander Hamilton in Federalist No. 78, ‘contrary to the Constitution, can be valid.’ The court in Hubbard v. Lowe reinforced this truth: ‘That an unconstitutional statute is not a law at all is a proposition no longer open to discussion.’ 226 F. 135, 137 (SDNY 1915), appeal dismissed, 242 U.S. 654 (1916).  Following this rationale, an unconstitutionally appointed elector, like an unconstitutionally enacted statute, is no elector at all.”

Nothing that Schiff omitted lessens the impact of what Jordan wrote in any way. In fact, the full text is much worse. The talk about “altering documents” is simply Jordan mulling an excuse not to appear—in this case, an excuse that was also regularly aired on Fox during Trump’s impeachment hearings.

But as MSNBC reports, Jordan might want to think twice about simply refusing to show up before the select committee. As one of six Republican representatives known to have worked directly with Trump and his campaign to overturn the outcome of the election, Jordan is of keen interest to the committee, and a key participant in events leading up to Jan. 6.

Rep. Scott Perry—who brought would-be attorney-general Jeffery Clark to the White House—has already refused to appear before the committee, If Jordan joins Perry in refusing to provide vital documents and testimony, the House could be entering unknown territory.

So what happens if Perry—or, for example, his fellow schemers Jordan and Rep. Louie Gohmert, R-Texas—gets a subpoena? The short answer is that we don’t really know — there’s never been a situation like this before. “There is no established historical or legal precedent regarding congressional power to enforce subpoenas against members of Congress,” law professor Kimberly Wehle wrote in The Atlantic in August. “But if the bipartisan committee has to defend the subpoenas in federal court, it could make a strong argument that the Constitution allows a court to order compliance.”

Of course, Jordan, Perry, Gohmert, et. al, would be happy to join the long line of Republicans now facing court cases over subpoenas from the select committee. Stonewalling until the GOP rides in to save them on the back of an angry midterm is the bet they are all making. However, there is one thing that keeps getting mentioned, then carefully packed away again—the power of inherent contempt.

Congress’ ability to simply arrest someone directly, without going through a request to the DOJ and a long parade through the ladder of courts, hasn’t been trotted out in a long time. But a special case … could be a special case.

While the discussion is on on shakier ground with private citizens, the fact is that each house of Congress is explicitly allowed to make its own rules under the Constitution. It is also then allowed to enforce those rules as it sees fit, granting it the power of censure and expulsion. And courts have yet to rule on how long, say, a member of Congress could be held while defying a lawful subpoena.

The prospect that Jim Jordan will actually be locked up in some repurposed storeroom beneath the House chambers remains slim. Still, it wouldn’t hurt to start very visibly clearing out some space and testing some padlocks, just to make sure that Jordan, along with the other five Republicans at the top of the list, knows the possibility is still there.

If the Senate can be harangued for failing to end the filibuster even for the purpose of saving democracy, then the same pressure should be applied to the House when it comes to inherent contempt. No one likes the idea. That doesn’t mean it isn’t necessary. 

Morning Digest: Expected delay in census data release could wreak havoc with redistricting timelines

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

Leading Off

2020 Census, Redistricting: On Wednesday, the Census Bureau revealed that the state-level population data from the 2020 census that is needed to determine how many congressional seats and Electoral College votes each state receives is not expected to be released until April 30, four months after the original deadline. This delay is the result of pandemic-related disruption to census operations last year and Donald Trump's so far unsuccessful attempt to manipulate census data for his own partisan ends.

Additionally, the census also announced that the more granular population data needed for states to actually draw new districts won't be released until at least after July 30, which is also a delay of at least four months from the original March 31 deadline. Consequently, these delays will create major disruptions for the upcoming 2020 round of congressional and legislative redistricting.

New York University Law School's Brennan Center for Justice released an in-depth report in 2020 looking at which states have deadlines that are in conflict with a potentially delayed data release schedule and what the impact of a delay may be. The most directly affected states are New Jersey and Virginia, which are the only two states that are set to hold legislative elections statewide in 2021 and would normally redraw all of their legislative districts this year.

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However, New Jersey Democrats passed a constitutional amendment in 2020 that will require legislative redistricting be delayed until the 2023 state elections if the census doesn't provide the necessary data by Feb. 15, 2021, which is now virtually guaranteed. In Virginia, primary elections are currently planned for June 8, but if redistricting data isn't released until August, it would be practically impossible to conduct redistricting, hold delayed candidate filing, and hold a delayed primary with enough time before November, meaning that the current legislative districts drawn in 2011 would likely remain in place for November's elections.

The situation isn't much better for several other states that have constitutionally mandated redistricting deadlines set to kick in this summer before they could feasibly draw new districts if data isn't released until late summer. Every state constitution requires a lengthy process for amendments that includes a required voter referendum, passage in multiple years, or both, and it's thus too late to amend these constitutions to alter those deadlines this year, increasing the likelihood of litigation over failure to meet key deadlines.

One major state in particular that could be thrown into turmoil due to a delayed release of census data is Illinois, whose constitution sets a deadline of June 30 for passing new legislative districts following a census year. If legislators fail to adopt new districts by the June 30 deadline, legislators would cede control over legislative redistricting to a bipartisan backup commission where the tiebreaking member is chosen in a 50-50 game of chance between the two parties. Democrats currently hold the legislature and have been expected to have total control over redistricting, but if the process reverts to the backup commission, Republicans would have even odds of controlling legislative redistricting in this blue state.

However in the case of Illinois, the situation pivotally would depend on which year would be categorized as the census year. Normally, that would be a year ending in zero—i.e. 2020—but the Brennan Center details how Illinois leaves open the possibility for 2021 to instead be considered the census year, which would give lawmakers until June 30, 2022 to draw new legislative districts (congressional redistricting does not use the same timeline or process as legislative redistricting). It's unclear how such a determination of the census year is made, and litigation over it is a strong possibility.

Meanwhile, nearly every state has different procedures and timelines for congressional redistricting than they do for legislative redistricting, and the delayed release of census data will be less disruptive nationally at the congressional level than it may be for state legislatures.

Senate

FL-Sen: Oh, vom. Politico reports that former Democratic Rep. Alan Grayson is making calls about a possible challenge to Republican Sen. Marco Rubio, and when asked about it, Grayson's only response was, "Repeal Rubio. That's all I have to say." Anyone but Grayson—that's all we have to say.

KS-Sen: Former Secretary of State Mike Pompeo, who last month did not rule out a bid for governor next year, just accepted a position at a conservative think tank in D.C., which is not the kind of gig you usually take if you're planning to run for office in your home state. It's certainly not impossible, though—we've seen politicians do brief stints as Washington lobbyists before staging comebacks—so don't count Pompeo out just yet.

OH-Sen: Team Blue is hoping that Republican Sen. Rob Portman's surprise retirement will give them a better shot at prevailing in a state that has been trending the wrong way, and more Democrats are publicly and privately discussing running. One familiar name who told CNN he was considering the contest is Franklin County Recorder Danny O'Connor, who lost two close 2018 races in the conservative 12th Congressional District against Republican Troy Balderson.

State House Minority Leader Emilia Sykes, who would be the state's first Black senator, also said she was thinking about entering the Senate race. Sykes previously expressed interest last month in campaigning to succeed cabinet nominee Rep. Marcia Fudge, if there's a special election for the safely blue 11th District, and it's not clear if she's also considering running there.

Cleveland.com's Seth Richardson also relays that former state health director Amy Acton is considering running as a Democrat, though she hasn't said anything publicly. Acton attracted state and national attention during the opening months of the coronavirus crisis through her prominent place at Republican Gov. Mike DeWine's afternoon briefings, and Richardson writes that she impressed many through her "her frank discussion of the dangers of coronavirus and the need for mitigation." Acton, who was also the target of conservative attempts to undermine her, as well as antisemitic attacks, stepped down in June.

On the GOP side, 2018 nominee Jim Renacci said Tuesday he was interested in another Senate bid and would "be exploring my options to reenter public office over the next 60 days." Renacci, who previously served four terms in Congress, has spent the last several months talking about challenging DeWine for renomination in part over the governor's efforts to limit the spread of the pandemic. Republicans who remember his 53-47 loss to Democratic Sen. Sherrod Brown, though, probably won't want him as their standard bearer for either race.

State GOP chair Jane Timken also confirmed Wednesday that she was "seriously considering" a Senate run. Timken, who won her post in early 2017 by unseating an incumbent with the Trump campaign's support, is also part of a prominent donor family in state party politics.

Two other Republicans who had shown some interest in getting in, Lt. Gov. Jon Husted and former Rep. Pat Tiberi, each said Wednesday that they wouldn't enter the race. Several unnamed Republicans also suggested to Cleveland.com's Andrew Tobias that others could stay out should Rep. Jim Jordan, a key Trump sycophant, get in, including 2012 nominee Josh Mandel. However, some unnamed observers pointed out that Jordan has talked about running statewide but never done it, and they predict that 2022 will be no different.

VT-Sen: Democratic Sen. Patrick Leahy, who was hospitalized for a few hours on Tuesday after suffering what he described as muscle spasms, said on Wednesday that "of course" he'll continue to serve out the rest of his term but said he wouldn't make a decision about whether to seek a ninth term until the end of the year.

"You all know this, I never make up my mind until November or December the year before and I'm not going to now," said the 80-year-old Leahy. "Usually when we start skiing and snowshoeing then we talk about it." Leahy, who is currently the longest-serving member of the Senate, sounded ready to run again, saying "the latest polls show me winning easily."

Retirement Watch: With Ohio Sen. Rob Portman's surprise announcement on Monday making him the third GOP senator to retire so far in this young election cycle, Republicans are nervously waiting to see how many more of their brethren might also call it quits. Among those on the watch list:

AL-Sen: Richard Shelby is 86 and has been in office since 1987. After last year's elections, Shelby promised a decision by January, but now he tells Roll Call's Bridget Bowman that he won't say anything more until after Donald Trump's second impeachment trial, which will not begin until Feb. 8. When asked about his plans this week by CNN, Shelby would only say, "I'll let you know." Bowman says the senator "is not expected to run for reelection."

AR-Sen: John Boozman, 70, said a year ago that he’s planning to run for a third term, and he repeated that intention this week to CNN. However, the senator has experienced some health problems that required heart surgery in 2014 and again in 2017, and he hasn’t yet announced a re-election bid.

IA-Sen: 87-year-old Chuck Grassley, who was first elected in 1980, said in February of last year that he'd come to a decision eight to 12 months before Election Day 2022, though now he seems to have moved his timetable up. In new remarks, he says he'll make an announcement in "several months." If Grassley were to run and win again, he'd be 95 years old at the end of what would be his eighth term.

ID-Sen: Mike Crapo, 69, also told CNN he plans to run for a fifth term but likewise hasn’t actually kicked off a campaign. He was treated for prostate cancer in 2000 and 2005.

MO-Sen: A spokesperson for Roy Blunt, 71, said in November that the senator would seek a third term, but now he's sounding less definitive. Blunt told Roll Call's Bowman that he's "planning on reelection, but I haven't made a final statement on that yet." In separate remarks about his plans to Politico, Blunt said, "I really have not been thinking much about it to tell you the truth. ... I keep thinking there will be a little breathing space, so far it’s not happening."

SD-Sen: John Thune, whose 60 years of age put him just below the senatorial average of 63, would only tell CNN that he'll make an announcement about a fourth term "at some point in the future." Trump exhorted Republicans to primary Thune late last year after the senator said that efforts to overturn the Electoral College "would go down like a shot dog."

WI-Sen: Ron Johnson, 65, pledged prior to his last election in 2016 that he would only serve one more term if he won, but now he's contemplating going back on his word. However, he still hasn't made up his mind about whether to break his promise and run for a third term, saying, "I don't think I have to for a while."

CNN also notes that Kansas’ Jerry Moran and South Dakota’s John Hoeven have not launched re-election bids yet, but both are in their mid-60s—relatively young by Senate standards—and joined the Senate in 2011.

Governors

CA-Gov: Tech billionaire Chamath Palihapitiya has announced that he'll run to replace Democratic Gov. Gavin Newsom in the event a recall election moves forward, though he didn't specify which party banner, if any, he'd fly. Palihapitiya has given $1.3 million to Democratic candidates and causes over the last decade, along with one $5,000 donation to Ted Cruz in 2011.

MD-Gov: Unnamed advisers to Baltimore County Executive John Olszewski, who previously did not rule out a run for governor, say Olszewski is now considering a bid for the Democratic nomination. Another Democrat, Howard County Executive Calvin Ball, is also not ruling out the race, according to Maryland Matters. Meanwhile, 2018 Democratic nominee Ben Jealous, who last year said he had not "closed the door on running for governor again," is staying involved in Maryland politics by taking the helm of a new marijuana reform initiative.

SC-Gov: 2018 candidate John Warren recently refused to rule out a second GOP primary bid against incumbent Henry McMaster, and The State’s Maayan Schechter reports that he might not be the only Republican looking at this race.

Schechter writes that there’s “buzz” that state Senate Majority Leader Shane Massey could challenge the governor, and that he would not comment for her story. Massey has been a loud critic of McMaster’s response to the pandemic: Last month, Massey was one of several Republicans to prepare bills that would give legislators the final say over emergency orders.

Catherine Templeton, who also ran in 2018, said back in August that she was likely to run, though we haven’t heard anything from her since then. A runoff would take place if no one wins a majority in the first round of the primary, so McMaster couldn’t slip by with a plurality.

South Carolina has been a very tough state for Democrats especially in recent years, but a few local politicians have shown some interest in running. Former Rep. Joe Cunningham told Schechter he would consider his future "[o]ver the next few months.” Cunningham also expressed interest last year in seeking a rematch with Republican Nancy Mace, who narrowly unseated him in November, though redistricting could make that contest less attractive.

Columbia Mayor Steve Benjamin, who would be the state’s first Black governor, has also been mentioned as a prospective candidate for years, and he once again did not rule it out when asked. Benjamin and McMaster faced off in the open 2002 race for attorney general, a race McMaster won 55-44. Benjamin is up for re-election this year, and he hasn’t said if he’ll seek a fourth term.

State Sens. Marlon Kimpson and Mia McLeod also said they were thinking about a gubernatorial bid as did 2018 contender Marguerite Willis, an attorney who lost that year’s primary to James Smith 62-28. Schechter also lists former state Rep. Mandy Powers Norrell, who was Smith’s candidate for lieutenant governor, as considering, though there’s no quote from her.

VA-Gov: A second rich dude, former private equity executive Glenn Youngkin, has entered Virginia's Republican primary for governor, just days after another finance guy, Pete Snyder, did the same. Snyder, by the way, has already released a TV ad, which the National Journal says is backed by a $250,000 buy, complaining about the slow pace of reopening schools and calling himself a "disruptor." It's not clear who he's trying to reach with this sort of advertisement, though, given that the GOP nomination will be decided by, at most, just a few thousand delegates at the party's May 1 convention.

House

CA-21: Former Fresno City Councilman Chris Mathys, who was last seen taking a distant third in the GOP primary for New Mexico's 2nd Congressional District last year, has announced a challenge to Rep. David Valadao, one of the 10 House Republicans who voted to impeach Donald Trump earlier this month. Fresno isn't located in California's 21st Congressional District either, though it is closer than New Mexico.

CA-39: Democrat Jay Chen, a Navy Reserve officer and local community college trustee, has announced a bid against freshman Republican Rep. Young Kim. Chen previously ran for California's 39th Congressional District in 2012, losing 58-42 to Republican Rep. Ed Royce, though the area was considerably redder back then: That same year, Mitt Romney carried the district 51-47, while in 2020, Joe Biden won it 54-44.

Chen also briefly ran here in 2018 after Royce retired, but to help avoid a disaster in the top-two primary, he took one for the team and dropped out in order to reduce the number of Democratic candidates and, thereby, the chance that a fractured voted would allow two Republicans to advance to the general election.

PA-07: Republican Lisa Scheller, who lost to Democratic Rep. Susan Wild 52-48 last year in Pennsylvania's 7th Congressional District, has filed paperwork with the FEC in anticipation of another congressional bid, though it's not clear exactly where she might run. Redistricting is set to scramble Pennsylvania's map, and mindful of that, Scheller changed the name of her campaign committee from "Scheller for PA-07" to "Scheller for Congress, Inc." (no, we don't know why she thinks she's running a corporation). She's promised "a more formal announcement" about her plans over the summer.

PA-10: Politico reports that, according to an unnamed source, the DCCC is trying to recruit 2020 nominee Eugene DePasquale for another go at Republican Rep. Scott Perry in Pennsylvania's 10th District. DePasquale, whose press list has understandably been largely dormant since November, recently put out a statement calling on his former opponent to resign after the New York Times reported that he played a central role in trying to overturn last year's presidential election.

Perry, the Times said, introduced Donald Trump to a Justice Department attorney who proposed ousting acting Attorney General Jeffrey Rosen and directing the DOJ to pressure Georgia officials into altering their state's results. The congressman later confirmed the report. DePasquale wound up losing to Perry by a 53-47 margin last year but he insisted to Politico that the surge in Republican enthusiasm generated by Trump's presence on the ballot "will not be in play in 2022."

Legislatures

Special Elections: Here's a recap of Tuesday's special election in Iowa:

IA-SD-41: Republican Adrian Dickey defeated Democrat Mary Stewart 55-45 to hold this seat for the GOP. An unusual complicating factor arose on Election Day when a major snowstorm hit southeastern Iowa, and Democrats were reportedly leading in mail ballots heading into Tuesday. This was enough to make Dickey himself nervous about the final outcome, but the red tilt of this district was enough for him to prevail.

While Stewart did worse than in her first bid for this seat, a 52-48 loss to Mariannette Miller-Meeks in 2018, she was able to once again improve upon Hillary Clinton's 57-38 loss here in 2016.  

This chamber moves to a 32-18 advantage for Republicans with no other vacancies.

Mayors

Detroit, MI Mayor: Incumbent Mike Duggan got his first notable opponent for the August nonpartisan primary on Tuesday when Anthony Adams, who served as deputy mayor in former Mayor Kwame Kilpatrick's administration, launched his campaign.

Adams, who is also a former school board president, argued that “there is a dramatic need for mayoral change in the city of Detroit." Adams also played down his ties to Kilpatrick, who resigned in disgrace in 2008, saying, "I am my own man and I'm running on my own record." Kilpatrick, who was later sentenced to 28 years in prison for corruption, was in the news last week after Donald Trump commuted his punishment, a decision that Duggan praised.    

Meanwhile, school board member Sherry Gay-Dagnogo said this week that she planned to sit the contest out. The former state representative didn't quite rule out a bid, though, saying instead that she wouldn't run "[u]nless there is a massive cry for me to reconsider." The candidate filing deadline is April 20.

New York City, NY Mayor: Businessman and 2020 presidential candidate Andrew Yang has released a survey of the June Democratic primary from Slingshot Strategies that gives him a 25-17 lead over Brooklyn Borough President Eric Adams, with City Comptroller Scott Stringer in third with 12%, though a hefty 32% of respondents are initially undecided. The survey then simulates the instant runoff process and shows Yang defeating Adams 61-39 on the 11th and final round of voting. This poll, which was in the field Jan. 15-19 and sampled 800 people, is the first survey we've seen since Yang joined the race earlier this month.

Meanwhile, Marine veteran Zach Iscol announced this week that he was dropping out of the race and would instead run to succeed Stringer as controller. Around that same time, though, businesswoman Barbara Kavovit, who was a regular on the "Real Housewives of New York City," kicked off her own campaign for the Democratic mayoral nomination.

Seattle, WA Mayor: Colleen Echohawk, who leads the nonprofit Chief Seattle Club, announced Monday that she would run to succeed retiring Mayor Jenny Durkin this year. Echohawk, who is a member of both the Kithehaki Band of the Pawnee Nation and the Upper Athabascan people of Mentasta Lake, would be the first woman of color to lead Washington's largest city.

Echohawk has not run for office before, but she has been prominent in local government. In addition to serving on the Community Police Commission, she also founded the Coalition to End Urban Indigenous Homelessness and previously served on the Downtown Seattle Association's board.

Echohawk joins Lance Randall, the director of economic development of the nonprofit SEED, and architect Andrew Grant Houston in the August nonpartisan primary, though it remains to be seen if either of them have the connections to run a serious bid. The candidate filing deadline is in May.

Other Races

New York City, NY Comptroller: The City's Rachel Holliday Smith takes a look at the June Democratic primary to succeed Scott Stringer, who is running for mayor, as New York City comptroller, a post that has plenty of influence over the nation's largest city. Democrats have controlled this office since 1946, and Team Blue's nominee should have no trouble holding it.

First, though, Smith discusses what the comptroller actually does. Among other things, the office is responsible for reviewing contracts, auditing and overseeing city agencies, and "[e]nsuring transparency and accountability in setting prevailing wage and vigorously enforcing prevailing wage and living wage laws." The comptroller is also one of only a trio of citywide elected offices: The other is public advocate, where Democratic incumbent Jumaane Williams doesn't face any serious opposition for re-election this year.

What the comptroller's post hasn't been, though, is a good springboard to the mayor's office. The last person to successfully make the jump was Democrat Abe Beame, who was elected mayor in 1973 on his second try and lost renomination four years later. Since then four other comptrollers have unsuccessfully campaigned for the city's top job, a streak Stringer will try to break this year.

Six notable Democrats are competing in the June primary, which will be decided through instant runoff voting. The two with the most cash by far are City Councilman Brad Lander and state Sen. Brian Benjamin, who have both brought in enough to qualify for matching funds (a system we explain here).

Benjamin, though, earned some unwelcome headlines earlier this month when The City reported that multiple donors said that they had not actually contributed any money to his campaign, and some even volunteered that they had never even heard of Benjamin. One of his unwilling donors said that he didn't blame Benjamin for what happened and instead said the problem rested with his former employer. Benjamin's team soon announced that they would give the New York City Election Campaign Finance Fund $5,750, which represented 23 donations of $250 each.

Assemblyman David Weprin, who unsuccessfully ran to succeed the disgraced Anthony Weiner in the 2011 special election for what was numbered the 9th Congressional District at the time, and state Sen. Kevin Parker have also been campaigning for a while. Neither of them have the resources that Lander or Benjamin do at the moment, though they could receive a big boost if they qualify for matching funds: The New York Times reports that Weprin has likely brought in enough, though the campaign finance board needs to confirm this before it dispenses any public money.

Two other Democrats also joined the race this week. Marine veteran Zach Iscol, a moderate who is close to Hillary Clinton, abandoned his mayoral bid to run here. Iscol will be able to transfer the cash he raised for his previous campaign to his new race, which could matter quite a bit: While he fell about $20,000 short of the minimum needed to qualify for public money for mayor, the Times reports that he's likely already hit the lower threshold needed for the comptroller contest.

The other new contender is Michelle Caruso-Cabrera, a former CNBC anchor who challenged Rep. Alexandria Ocasio-Cortez in last year's Democratic primary. Caruso-Cabrera, who ran well to the congresswoman's right, raised millions from AOC haters nationwide and self-funded over $1 million, but she lost by a lopsided 74-18 margin.

Data

Pres-by-CD: Our project to calculate the 2020 presidential results for all 435 congressional districts nationwide hits Kentucky. You can find our detailed calculations here, a large-size map of the results here, and our permanent, bookmarkable link for all 435 districts here.

Donald Trump won the Bluegrass State 62-36, which was pretty similar to his 63-33 performance in 2016, and he once again carried five of Kentucky's six congressional districts. The one exception was, as before, Rep. John Yarmuth's 3rd District in Louisville, which is also the only Democratic-held seat in the commonwealth: Joe Biden took the seat 60-38, compared to 55-40 for Hillary Clinton four years earlier, a shift due in part to the decline in third-party voting.

The closest constituency was again the 6th District in the Lexington area, where Trump's margin shrunk a bit from 55-39 in 2016 to 54-44 in 2020. Republican Rep. Andy Barr won re-election in 2018 by beating Democrat Amy McGrath just 51-48 in a very expensive race, but Barr had a much easier time last year and prevailed 57-41.

Trump took at least 65% of the vote in the remaining four GOP-held seats. His strongest performance in the state was his 80-19 romp in veteran Rep. Hal Rogers' 5th District in rural eastern Kentucky, which makes this the Trumpiest of the 345 seats we've released numbers for so far. (The seat that got displaced for that title, though only just, was Texas' 13th District, which backed the top of the ticket 79-19.) Believe it or not, though, Trump's 2016 margin in this coal country constituency was slightly larger at 80-17.

The 83-year-old Rogers has decisively won re-election 20 times, but this area was extremely divided when he was first elected in 1980. The current version of the 5th District contains several ancestrally Democratic areas that favored Team Blue even in tough years, including Elliott County, which famously never supported a Republican presidential nominee from the time of its formation in 1869 through 2012—the longest streak of Democratic support in any county in the country. Those days are long gone, however, as Trump carried Elliott County with 70% in 2016 and 75% last year.

The 5th is also home to areas that were deep red even when Democrats were the dominant party statewide, as they were at the time Rogers was first elected. This includes Jackson and Leslie Counties, which have not once backed a Democrat for president since they were created in the 19th century. They're not likely to start anytime soon, either, as Trump won close to 90% in both.

Kentucky Democrats, thanks in large part to their downballot dominance in parts of the eastern part of the state, ran the state House nonstop from the early 1920s through the 2016 elections, which always gave them at least a seat at the table for redistricting. The GOP took firm control of the legislature for the first time ever when Trump first won the state, though, and they have more than enough votes to override any possible veto by Democratic Gov. Andy Beshear and pass their own maps for the first time.

Morning Digest: Darrell Issa thought he had an easy path to a comeback. A new poll says guess again

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

Leading Off

CA-50: While California Republican Darrell Issa looked like a sure bet to return to the House after he narrowly prevailed in the March top-two primary, a new SurveyUSA poll finds him locked in an unexpectedly close open seat contest with Democrat Ammar Campa-Najjar. The poll, which was done for KGTV-TV San Diego and the San Diego Union-Tribune, shows Issa up just 46-45. Perhaps even more surprisingly, the sample finds Joe Biden ahead 48-45 in California's 50th Congressional District, an ancestrally Republican seat in inland San Diego County that backed Donald Trump 55-40 in 2016.

This is the first independent poll we've seen since the top-two six months ago. Last month, Campa-Najjar released numbers from Strategies 360 that found him down 47-43, but his campaign did not mention any presidential results. So far, though, no major outside groups on either side have booked air time here, though that could always change over the next two months.

Campaign Action

Issa infamously decided to run here the cycle after he retired as the congressman from the neighboring and more Democratic 49th District just ahead of the 2018 blue wave, and it's possible that his weak connections to this area are hurting him. SurveyUSA finds Issa with an even 32-32 favorable rating, while Campa-Najjar sports a 37-26 score.

If SurveyUSA is right, though, then there's also been a big shift to the left in this seat over just the last two years. Back in 2018, then-Rep. Duncan Hunter managed to fend off Campa-Najjar 52-48 even though the Republican incumbent was under indictment at the time for misusing campaign money. That was a much better performance than Democrats usually pull off in this area, but the fact that this district still decided to return Hunter to Congress even in a terrible year for Republicans didn't seem to bode well for Campa-Najjar's second campaign, especially after Hunter took a plea deal in late 2019 and resigned.

We'll need to see if more polls find a close race, and we'll also be keeping an eye out to see if major outside groups spend here. However, if this contest is tight, Campa-Najjar will have the resources to run a serious campaign. The Democrat ended June with a $890,000 to $516,000 cash-on-hand, though Issa is more than capable of self-funding if he needs to.

Senate

AK-Sen: A newly formed PAC called Independent Alaska has launched an ad campaign supporting Al Gross, an independent who won the Democratic nomination last month. The commercial touts Gross' time as a fisherman and a doctor and informs the audience, "Dr. Al's father was Alaska's AG [attorney general], and his neighbor and fishing partner growing up was Republican Gov. Jay Hammond." The narrator concludes, "We're in a pandemic. It's time to send a doctor to D.C." There is no word on the size of the buy.

GA-Sen-B: Republican Rep. Doug Collins is running his first ad on broadcast TV, and he begins by saying of the appointed GOP incumbent, "Kelly Loeffler spent $30 million on slick ads telling lies—now it's my turn to tell the truth."

Collins continues, "I'm not a billionaire. I'm a state trooper's kid, a husband, a father, an Air Force chaplain and Iraq War veteran." He adds, "I'm President Trump's top defender against the sham impeachment, and yes, his preferred pick for the Senate." Trump reportedly did very much want Collins to be appointed to this seat, but he hasn't taken sides in the Nov. 3 all-party primary between the congressman and Loeffler.

On the Democratic side, pastor Raphael Warnock, who would be the state's first Black senator, is using his newest commercial to talk about his experiences with systemic racism. The narrator begins, "1982. A 12-year-old is accused of stealing and dragged out a store, told he looks suspicious because his hands are in his pockets." The audience then sees it's the candidate speaking as he continues, "I'm Raphael Warnock and that boy was me."

Warnock goes on, "Back then I didn't understand how much the system works against those without power and money, that the rules were different for some of us. Too often that's still true today, especially in Washington." Warnock ends by saying that it's time for this to change.

MI-Sen: The Glengariff Group's new poll for WDIV and the Detroit News finds Democratic Sen. Gary Peters leading Republican John James 44-41, while Joe Biden is ahead 47-42. Glengariff's last poll was all the way back in January, and it showed Peters up by a similar 44-40 spread.

MN-Sen: Citizens United (yes, the Citizens United) has launched what the National Journal's Dylan Wells reports is a six-figure buy supporting Republican Jason Lewis. The commercial, like Lewis' own ads, promotes Lewis as a supporter of the police and an opponent of violent mobs; both Lewis and Citizens United's spots also ignore racism and police brutality.

NC-Sen: Democrat Cal Cunningham has the first commercial we've seen anywhere focusing on allegations that the Russian government put out a bounty on American troops in Afghanistan. Cunningham says that his fellow veterans are the first ones to answer the call and continues, "So when [Republican Sen.] Thom Tillis fails to act while the Russians pay bounties for dead Americans, something is deeply wrong in Washington."

TX-Sen: Democrat MJ Hegar is airing her first TV ad of the general election as part of what her campaign says is a $1.5 million buy in six media markets that are home to 80% of the state's voters. As faint sounds of explosions are heard, the candidate tells the audience, "It was my third tour in Afghanistan. I was flying a medevac mission when I was shot through the windshield and we went down."

The camera gradually pans out to reveal a smoking helicopter in the canyon behind Hegar as she continues, "So I strapped myself to the skids of the helicopter that rescued us and returned fire on the Taliban as we flew to safety. For that I was awarded the Purple Heart and the Distinguished Flying Cross with Valor." The candidate goes on, "I'm MJ Hegar, and we fought like hell to get everyone home safe that day. And I approved this message because my mission isn't over while Texas families are still in danger."

Gubernatorial

WV-Gov: Democrat Ben Salango is airing his first TV spot since he won the primary three months ago. As old photos from his childhood fill the screen, the candidate says, "I grew up in a two-bedroom trailer in Raleigh County. It was a big deal when we got our first washer and dryer."

Salango then goes after Republican Gov. Jim Justice, declaring, "My family worked hard to build a business and even harder to pay the bills. Jim Justice is a billionaire who's been sued over 600 times for not paying his bills. And who made a secret deal with the government he controls to give himself tax breaks." Salango concludes, "I mean c'mon. I'll never betray West Virginia like that. I was raised better."

House

CA-25: Democrat Christy Smith is running her first commercial since her defeat in the May special election. Smith talks about how her mother survived domestic violence and "rebuilt our lives" with a nursing degree from the local community college. The candidate says she went on to work three jobs to pay for her education at that same institution and went on to found an education nonprofit.

CA-48: In its opening TV spot for this race, the DCCC declares that Republican Michelle Steel's allies were at the center of a major corruption scandal, but she "voted to defund the anti-corruption unit in Orange County."

The ad is also running in Vietnamese, which makes this one of the very rare examples of an American political commercial that's aired on TV all or mostly in a language other than English or Spanish. Back in 2018, Democrat John Chiang ran a spot entirely in Mandarin in his unsuccessful bid for governor of California, while Republican Ed Gillespie added Korean subtitles to a commercial during his 2017 primary for governor of Virginia.

There have been a few instances of American political ads airing on the radio in a language other than English or Spanish (and obviously, without subtitles.) In 2016, Arizona Democrat Ann Kirkpatrick recorded some ads in Navajo, which she speaks, for her unsuccessful Senate bid. That same year, Ohio GOP Sen. Rob Portman's campaign did a Ukrainian radio ad for his re-election campaign.

IA-01: Back in July, Republican Ashley Hinson blamed her campaign staff after the New York Times reported that several op-eds credited to her, as well as material on her campaign site, were full of passages plagiarized from other sources, and the DCCC is using its first TV spot to go after Hinson over this.

The narrator begins, "In tough times, we need leaders we can trust. But Ashley Hinson was caught plagiarizing—word for word—from the Des Moines Register, the New York Times, even her opponent's own policy positions." He then focuses on Hinson's record, declaring, "And Hinson took thousands from the nursing home industry. When the Coronavirus struck—Hinson voted to protect them with special legal immunity. Instead of protecting seniors and workers."

OH-01: House Majority PAC has released a survey from the Democratic firm Normington Petts that shows Democrat Kate Schroder leading Republican Rep. Steve Chabot 50-46, while Joe Biden has a tiny 48-47 edge in this Cincinnati-based seat. We've seen a few other polls this year from Schroder and her allies that have found a tight race, while Republicans have yet to drop their own numbers.

HMP is also running a commercial that targets Chabot over the truly strange scandal that engulfed Chabot's campaign last year, a story that Schroder has also focused on in her ads. The spot begins by reminding viewers that Chabot became a member of Congress in 1995 when "[b]aseball was on strike" and "Toy Story debuted. The first one." The narrator continues, "But now, a confirmed FBI investigation into $123,000 missing from Chabot's campaign. And Chabot's campaign paid his son-in-law's company nearly $200,000." The narrator concludes, "Twenty-four years in Congress has taken its toll on Steve Chabot."

PA-01: Democrat Christina Finello's first general election ad focuses on her own struggles with college loans and healthcare. She says that, while she "understands the struggles of the middle class," Republican Rep. Brian Fitzpatrick "votes with Trump. Giving tax cuts to the rich and ending protections for people with pre-existing conditions."

Fitzpatrick, meanwhile, uses his own ad to tout his endorsements from groups that usually pull for Democrats like the AFL-CIO, the League of Conservation Voters, and Everytown for Gun Safety, as well as the local police and firefighter unions. The congressman's mom also makes it clear she's backing Fitzpatrick.

SC-02: EMILY's List has endorsed Adair Ford Boroughs' campaign against Republican Rep. Joe Wilson.

TX-21: While freshman Republican Rep. Chip Roy has shown absolutely no desire to actually vote or behave like anything other than the far-right Freedom Caucus member that he is, the former Ted Cruz chief of staff is using his opening ad to portray himself as a bipartisan figure. Roy declares he'll "hold my party accountable if they're wrong, and work across party lines when it's right for Texas."

TX-23: Republican Tony Gonzales uses his first general election commercial to talk about how he went from growing up in an abusive home where he was abandoned by his father to the Navy.

Meanwhile, VoteVets has launched a $533,000 ad campaign against Gonzales. The ad stars an injured veteran who tells the audience that Gonzales "supports taking away health coverage from half a million veterans."

UT-04: The Congressional Leadership Fund is running a very rare positive TV commercial promoting Republican Burgess Owens, whom House Majority PAC recently began attacking.

CLF promotes Owens as a "pro-football star, political outsider, conservative, successful businessman, and mentor to troubled kids." As the ad shows footage of a football game, the narrator declares Owens will "heal our nation, tackling a virus and protecting the vulnerable." Those feel good themes are not, shall we say, the type of things that CLF likes to fill its ads with.

VA-02: This week, a third staffer from Republican Scott Taylor's 2018 campaign was indicted for allegedly submitting fraudulent signatures in order to get a former Democrat on the ballot as an independent that year. Special prosecutor John Beamer predicted that he would seek at least one additional indictment, and he said of Taylor, "He's part of the campaign and the whole campaign is under investigation."

Taylor is seeking a comeback against freshman Democratic Rep. Elaine Luria, who narrowly unseated him in 2018. Last month, Taylor sent a cease-and-desist letter to Luria demanding that she stop making statements claiming that he is under investigation for ballot access fraud only for Beamer to publicly contradict him. Luria soon began running commercials focused on the ongoing scandal.

VA-05: Democrat Cameron Webb is up with two commercials that decry the "lies and dirty tricks" being waged by Republican Bob Good, who recently ran a truly racist spot against Webb.

In Webb's first ad, the narrator declares that the candidate "is not for defunding the police," and adds that "a senior Trump official is praising Webb." The commercial highlights the law enforcement officials backing Webb before the candidate himself appears and talks about his work in the Obama and Trump administrations and support for "free market solutions to bring healthcare costs down."

The second Webb spot stars several former sheriffs as well as Albemarle County Commonwealth's Attorney Jim Hingeley, who praise Webb and implore the audience not to let "Bob Good scare you from electing a good man."

Ballot Measures

CA Ballot: Probolsky Research has released the first poll we've seen of Prop. 15, the so-called "split roll" initiative that would scale back a significant part of the law passed by anti-tax crusaders in 1978, and finds it down 49-41. Probolsky has worked for Republicans in the past, but it says this survey was not done for a client.

The poll was taken just before the pro-Prop. 15 group Schools & Communities First launched its opening TV commercials. One ad declares that wealthy corporate tycoons "think they're entitled to tax handouts. Prop. 15 closes the loopholes." The narrator continues, "The richest 10% of corporate properties provide 92% of the revenue, while homeowners, renters, and small businesses are protected." The second spot argues, "Prop. 15 would raise billions of dollars that our communities and schools need" and would make "wealthy large corporations pay their fair share, while small businesses get a tax break."

As David Jarman has written, Prop. 15 would dramatically alter California's property tax landscape and lead to a massive increase in tax revenue by repealing a portion of 1978's Prop. 13. That measure limits the annual property tax on a particular property to no more than 1% of its assessed value and, most importantly, limits the increase in a property's assessed value to no more than 2% per year—even if its actual market value has soared. This has resulted in municipalities and school districts taking in revenues far smaller than they ought to be.

However, voters finally have their chance this fall to modify the system Prop. 13 set up decades ago. This year's Prop. 15 would essentially split the "roll" of properties every municipality maintains by requiring commercial and industrial properties to be reassessed at actual market value while keeping residential and agricultural properties under Prop. 13's rules.

Mayoral

Miami-Dade County, FL Mayor: On behalf of the Miami Herald, the Democratic pollster Bendixen & Amandi International is out with a survey that finds Democrat Daniella Levine Cava leading Republican Steve Bovo 39-32 in this November's officially nonpartisan contest. This sample also found Joe Biden ahead 55-38 in a county that supported Hillary Clinton 63-34.

Primary Result Recaps

NH-Sen: Corky Messner, a wealthy attorney endorsed by Donald Trump, beat retired Army Brig. Gen. Donald Bolduc 51-42 in the Republican primary. Bolduc responded to his defeat by declaring that he wouldn't back Messner in the general election against Democratic Sen. Jeanne Shaheen. "I will not support a man who is being investigated for fraud by the attorney general," Bolduc said, "No. I will not support him. I will not disgrace my name to support a man like that."

Last month, Mary Mullarkey, a former chief justice of the Colorado Supreme Court, asked that state's attorney general and secretary of state to investigate the charitable foundation run by Messner, who lived in Colorado until last year. Mullarkey's request came after the Washington Post reported that the Messner Foundation, whose stated purpose is to provide college scholarships to low-income students, had only awarded a grant to one student in its first 10 years of existence. However, despite what Bolduc said, there are no reports that a legal investigation is underway.

No matter what happens with this story, Messner will be in for a difficult race against Shaheen, a longtime figure in New Hampshire politics. A recent poll from the University of New Hampshire found Shaheen beating Messner 54-36, and no major groups have booked ad time here. Messner's ability to self-fund could still give him an opening if Donald Trump performs well in this swing state, though, so Daily Kos Elections is keeping it on the big board at Likely Democratic.

NH-Gov: State Senate Majority Leader Dan Feltes won the Democratic nomination to take on Republican Gov. Chris Sununu by defeating Executive Councilor Andru Volinsky 52-48. On the GOP side, Nobody lost.  

Sununu has polled well during his tenure, and a recent survey from the University of New Hampshire found him beating Feltes 57-33. However, Sununu's allies at the RGA don't seem to think the governor is a lock in this swing state, since they reserved $3.6 million in television time for the general election earlier this year. Daily Kos Elections rates this contest as Likely Republican.

NH-01: Former Trump aide Matt Mowers, who had his old boss' endorsement in the Republican primary, beat former state party vice chair Matt Mayberry 60-26. Mowers will face freshman Democratic Rep. Chris Pappas in the fall.

The 1st District, which includes eastern New Hampshire, has been very competitive turf for a long time, and both Barack Obama and Donald Trump only narrowly won it. Pappas, however, prevailed 54-45 during the 2018 blue wave, and he holds a huge financial edge over Mowers with less than two months to go before voting concludes. A recent poll from the University of New Hampshire also showed Pappas up 52-34, though we haven't seen any other numbers here.

Still, Team Blue isn't leaving anything to chance in this swing seat, and House Majority PAC has reserved $2 million for this race; Republicans have not yet booked any air time. Daily Kos Elections rates this contest as Lean Democratic.

NH State Senate, Where Are They Now?: Former Democratic Rep. Paul Hodes lost Tuesday's Democratic primary for New Hampshire's 15th State Senate District to Becky Whitley, a disability rights attorney, 41-33. This seat backed Hillary Clinton 58-37, and Whitley will be the clear favorite to succeed state Senate Majority Leader Dan Feltes, who is the Democratic nominee for governor.

Ad Roundup

Morning Digest: GOP primary for swingy New Mexico House seat reaches new low in nastiness

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

Leading Off

NM-02: The June 2 GOP contest to take on freshman Democratic Rep. Xochitl Torres Small in New Mexico's 2nd District turned negative a long time ago, and it may now be the ugliest primary anywhere in the country.

The Associated Press' Russell Contreras reported Tuesday that 2018 nominee Yvette Herrell had texted with a conservative cartoonist named Roger Rael about a meme Rael was creating that suggested that Herrell's main rival, businesswoman Claire Chase, had been unfaithful to her first husband. Herrell showed a close interest in Rael's illustration, going so far as to inform him about multiple spelling errors: "It should say gold digging, not good digging," she wrote, adding, "Let me send them in the morning. There are a couple of more."

Campaign Action

Herrell's campaign did acknowledge that she had communicated with Rael, who it just so happens is currently under indictment for what Contreras describes as "disorderly conduct and criminal damage to property charges in connection with an alleged attack on a Republican state House candidate." However, Herrell's spokesperson claimed that Rael had incessantly messaged Herrell, saying that her texts only came in response to his. (What better way to fend off unwelcome texting than to turn into the grammar police?) Herrell also put out a statement saying, "I have never attempted to use personal rumors about Claire in this race, and will never do so. Neither has my campaign."

Chase, unsurprisingly, was not appeased, and she called for Herrell to drop out of the primary. Chase's former husband, Ben Gray, issued his own statement slamming Herrell: "I can't believe Yvette Herrell would try to use me in this false, disgusting attack," he wrote. Gray, who said he was still friends with Chase and is a member of a group called Veterans for Claire, added, "What kind of person would smear a Veteran to win a political campaign?"

But even before these latest developments, this was a messy campaign. Both candidates launched ads last month that accused the other of trying to undermine Donald Trump in 2016; Herrell's commercial even employed a narrator who used what Nathan Gonzalez described as a "ditzy tone" to impersonate Chase. Gonzalez, who titled his article, "The campaign attack ad no man could get away with," also characterized the spot as "one of the most sexist campaign ads in recent memory."

Whoever makes it out of next month's primary will emerge bruised, but the winner will still have a chance to beat Torres Small simply because of the district's conservative demographics: This southern New Mexico seat supported Donald Trump 50-40, and Daily Kos Elections rates the general election a Tossup.

But Torres Small, who defeated Herrell 51-49 last cycle, had nearly $3 million in the bank to defend herself at the end of March, while her prospective opponents didn't have anywhere close to that much. Herrell enjoyed a $378,000 to $264,000 cash-on-hand lead over Chase while a third candidate, self-funder Chris Mathys, had $200,000 to spend.

Election Changes

Florida: The Democratic super PAC Priorities USA, along with two other organizations and several voters, has filed a lawsuit asking a federal court to relax a number of Florida laws related to absentee voting for the state's Aug. 18 primaries and the November general election. In particular, the plaintiffs want absentee ballots to count so long as they are postmarked by Election Day and received within 10 days; currently, ballots must be received by 7 PM local time on Election Day. They're also asking that the state pay the postage on return envelopes for mail-in ballots, and that Florida's ban on paid organizers assisting with ballot collection be lifted.

Nevada: Nevada Democrats and their national counterparts have withdrawn their legal challenge seeking a number of changes to the state's June 2 primary after officials in Clark County acceded to two of their biggest demands. According to a court filing, plaintiffs say that Clark County Registrar of Voters Joe Gloria has agreed to mail ballots to all voters, not just those listed as "active," and will add two in-person voting sites, for a total of three.

Officials in other parts of the state have made more limited concessions, per the filing, but Clark County, where Las Vegas is located, is home to 71% of Nevada voters and 81% of all "inactive" voters in the state. Democrats also say they plan to continue pressing their claims for the general election.

North Carolina: Several North Carolina voters, backed by voting rights organizations, have brought a lawsuit asking a state court to relax a number of laws related to absentee voting for the November general election. In particular, the plaintiffs want absentee ballots to count so long as they are postmarked by Election Day and received within nine days, which is the same deadline for military voters; currently, ballots must be postmarked by Election Day and received within just three days.

They're also asking for an expanded definition of the term "postmark" to include modern imprints like barcodes, and in the event a postmark does not include a date, they want officials "to presume that the ballot was mailed on or before Election Day unless the preponderance of the evidence demonstrates it was mailed after Election Day."

In addition, plaintiffs want the state to pay for postage for both absentee ballot applications and ballots, and they want the court to waive the requirement that absentee voters have their ballots either notarized or signed by two witnesses. Finally, plaintiffs are requesting that voters be given the opportunity to correct any issues if their signatures allegedly do not match those on file.

Oklahoma: The Oklahoma Supreme Court has struck down a requirement that absentee ballots be notarized and issued an order prohibiting officials from sending out ballots or other voting materials suggesting that notarization is still mandatory. Last month, the League of Women Voters challenged the notary requirement, calling it antithetical to stemming the spread of the coronavirus pandemic. The court's decision, however, was not grounded in public health but rather a state law that allows a signed statement made under penalty of perjury to suffice in lieu of a notarization in most cases where an affidavit is called for.

Senate

CO-Sen: Businesswoman Michelle Ferrigno Warren's campaign came to an end on Monday when the Colorado Supreme Court unanimously reversed a lower-court ruling that had placed her on the June 23 Democratic primary ballot. Denver District Court Judge Christopher Baumann had ordered Warren onto the ballot last month even though she didn't have enough signatures after deciding that, in light of disruptions caused by social distancing, she had collected enough to justify her place in the primary. However, the state's highest court ultimately ruled that only the legislature has the authority to change how many petitions are needed.

This could spell very bad news for another candidate, nonprofit head Lorena Garcia. Baumann had also ordered Garcia onto the primary ballot for the same reason he had applied to Warren, but Secretary of State Jena Griswold's office announced Monday evening that she was appealing his decision to the state Supreme Court.

GA-Sen-A: 2017 House nominee Jon Ossoff is out with a new statewide ad ahead of the June 9 Democratic primary that prominently features Rep. John Lewis and touts his endorsement. Lewis speaks positively of Ossoff, imploring voters to support him and "send Donald Trump a message he will never forget", while clips of the pair appearing together are shown.

Lewis and Ossoff have a relationship that dates back several years. Ossoff previously interned for the civil rights icon and Atlanta-area congressman, while Lewis was one of Ossoff's earliest supporters in his 2017 special election bid for the 6th Congressional District.

ME-Sen: The Democratic group Senate Majority PAC is out with a health care-themed spot, supported with a six-figure buy, attacking Republican Sen. Susan Collins. The ad ties Collins to the pharmaceutical industry and also states that she "voted against Mainers with pre-existing conditions and for corporate special interests." The commercial, which also shows images of Collins seated alongside Senate Majority Leader Mitch McConnell, closes by saying, "Money changes everything, even Susan Collins."

NC-Sen, NC-Gov: A new poll conducted by Democratic pollster Civiqs on behalf of Daily Kos shows Democrats well ahead in North Carolina's Senate and gubernatorial contests. (Civiqs and Daily Kos are owned by the same parent company.) Cal Cunningham leads GOP Sen. Thom Tillis 50-41, while Democratic Gov. Roy Cooper posts a similar 53-44 edge against Republican Dan Forest; this sample also finds Joe Biden ahead 49-46.

This is the largest lead we've seen for Cunningham since he won the primary in early March, though we still don't have too many other polls to work with. The conservative Civitas Institute released numbers in mid-April from the GOP firm Harper Polling that showed Tillis ahead 38-34, while the Democratic firm Public Policy Polling found Cunningham ahead 47-40 around that same time. A SurveyUSA poll released last week also had Cunningham ahead just 41-39.

Civiqs does find Cooper taking about the same percentage of the vote as other firms do, but it finds Forest in better shape. While Cooper has consistently posted very strong approval ratings since the coronavirus pandemic began, it seems unlikely that Forest will end up in the mid-30s when all is said and done in this polarized state. Indeed, the last time a major party gubernatorial nominee failed to take at least 42% of the vote was 1980.

TX-Sen: Air Force veteran MJ Hegar picked up an endorsement this week from Rep. Veronica Escobar ahead of the July Democratic primary runoff.

Gubernatorial

MT-Gov: Businesswoman Whitney Williams picked up an endorsement on Tuesday from Hillary Clinton for the June 2 Democratic primary.

Meanwhile, Williams is also out with a commercial where she declares that, while trailblazing women built Montana, Rep. Greg Gianforte and Donald Trump are threatening women now. Williams declares that Trump and the GOP primary frontrunner "want to take away our right to choose. Even restrict birth control. I won't let that happen."

Lt. Gov. Mike Cooney, who is Williams' primary opponent, is also out with a TV spot. The narrators say that Cooney worked with outgoing Gov. Steve Bullock to expand healthcare access, protect rural hospitals, and create the jobs "that will steer our economy through this crisis." The ad ends by reminding voters that Bullock and Sen. Jon Tester are backing Cooney.

While the primary is almost a month away, voters will have the chance to cast their ballots very soon. Republican Secretary of State Corey Stapleton announced in March that all 56 Montana counties plan to conduct the state's primary by mail, and that ballots will be mailed out to registered voters on May 8.

House

IA-04: This week, the deep-pocketed U.S. Chamber of Commerce endorsed state Sen. Randy Feenstra over white supremacist Rep. Steve King in the June 2 GOP primary.

PA-10: Attorney Tom Brier is up with his first TV spot ahead of the June 2 Democratic primary to take on GOP Rep. Scott Perry.

The commercial shows several images of Brier's volunteers as the candidate explains his campaign "has always been about bringing progressive Democrats together. Lots of Democrats who are now volunteering from home." Brier's supporters then say what they believe in, including taking money out of politics, dealing with the opioid crisis, and healthcare for all. Brier ends by telling the viewer, "Apply for your mail-in ballot today."

Brier faces state Auditor Eugene DePasquale, who has the support of the DCCC, in next month's primary, and DePasquale ended March with a large $657,000 to $145,000 cash-on-hand lead. Perry, who narrowly won re-election last cycle, had $816,000 available to defend himself in a seat in the Harrisburg and York area that backed Trump 52-43.

Mayoral

Baltimore, MD Mayor: On behalf of The Citizens for Ethical Progressive Leadership PAC, a group supporting former U.S. Treasury official Mary Miller, the Democratic firm Garin-Hart-Yang Research Group is out with a mid-April poll showing a tight June 2 Democratic primary.

The first survey we’ve seen since mid-March finds that Miller, former Mayor Sheila Dixon, and City Council President Brandon Scott are in a three-way tie with 16% each, while incumbent Jack Young is at 13%. Two other contenders, former Baltimore Police Department spokesman T.J. Smith and former state prosecutor Thiru Vignarajah, are at 11% and 10%, respectively, while 18% are undecided. It only takes a simple plurality to win, and the Democratic nominee should have no trouble in November in this very blue city.

The primary, which was delayed from April 28 to early June because of the coronavirus pandemic, has also turned into a very expensive contest. The Baltimore Sun reports that Miller has raised $800,000 and self-funded an additional $1.5 million this year, which has allowed her to outspend her many opponents; Miller had only $150,000 left in late April, but she may have the resources to self-fund more.

Miller is also the only one of the many major candidates who is white in a city that’s 63% African American and 32% white: The other notable candidates are Black except for Vignarajah, who is the son of Sri Lankan immigrants. Baltimore’s last white mayor was Martin O’Malley, who was elected in 1999 and resigned in early 2007 to become governor of Maryland.

Vignarajah has also been a strong fundraiser, and he had the largest war chest in the field last month with $700,000 in the bank. Scott, who has the backing of several unions, led Dixon in cash-on-hand $415,000 to $300,000, while Young had $202,000 to spend; Young’s campaign said that he’s all but stopped fundraising as he deals with the coronavirus. Smith, meanwhile, was far behind with just $22,000 available.

It would ordinarily be quite surprising to see a crowded race where the incumbent trailing in both the polls and the money contest, but Young has only been in office for about a year. He was elevated from City Council president to mayor when incumbent Catherine Pugh resigned in disgrace (she later was sentenced to three years in prison after pleading guilty to conspiracy and tax evasion charges related to her self-published children's books), and a number of candidates quickly made it clear that they’d challenge Young.

Young’s critics have argued that the veteran local politician isn’t the right person to help Baltimore deal with its long-term problems, and they’ve also taken him to task for his many gaffes. To take one example, Young said of the city’s high homicide rate last year, “I’m not committing the murders, and that’s what people need to understand," and, "How can you fault leadership? This has been five years of 300-plus murders. I don't see it as a lack of leadership."

Several polls taken during the winter showed Young badly trailing, and Mason-Dixon gave him a 28-39 favorable rating in mid-March. However, that was during the early days of the coronavirus crisis in the United States, and we don’t have enough data to indicate if Young's handling of the situation at home has given him a better shot to win a full term this year.

Miller began airing commercials months ago, and she’s largely had the airwaves to herself. Miller also has a new commercial where she tells viewers that Barack Obama brought her on at the Treasury Department during the Great Recession, and argues she has the experience to help Baltimore “come back stronger” from the current pandemic.

Dixon, meanwhile, went up with her first spot last week, which featured several people praising her accomplishments as mayor. Dixon resigned that post in 2010 after she was convicted of stealing gift cards that were supposed to help needy families, but she’s maintained a base of support since then. Dixon ran for mayor again in 2016 and narrowly lost the primary to then-state Sen. Pugh 37-35. Dixon launched a write-in campaign just a month ahead of the competitive general election and took second place with 52,000 votes, which was good for a 58-22 loss.

Vignarajah also recently went up with a new ad that features several locals praising him as a responsive leader. Vignarajah’s supporters say he got them jobs, stopped their water from being shut off, and halted illegal trash dumping. One woman also praises Vignarajah for convicting the men who murdered her young son.