Category: SienaCollege

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

Posted on by Daily Kos Elections

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

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Leading Off

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

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

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

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

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

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

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

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

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

The Downballot

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

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

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

3Q Fundraising

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

Senate

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

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

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

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

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

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

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

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

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

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

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

● Polls:

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

Governors

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

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

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

● Polls:

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

House

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

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

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

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

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

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

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

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

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

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

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

Attorneys General & Secretaries of State

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

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

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

Ad Roundup

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

Posted on by Daily Kos Elections

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

Subscribe to The Downballot, our weekly podcast

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Leading Off

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

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

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

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

Senate

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

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

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

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

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

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

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

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

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

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

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

● Polls:

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

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

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

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

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

Governors

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

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

● Polls:

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

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

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

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

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

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

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

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

House

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

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

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

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

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

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

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

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

Obituaries

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

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

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

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

Ad Roundup

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Morning Digest: Abortion rights supporters win massive victory at the ballot box in Kansas

Posted on by Daily Kos Elections

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

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Leading Off

● KS Ballot: Abortion rights supporters won a resounding victory in deep-red Kansas on Tuesday night, sending an amendment that would have stripped the right to an abortion from the state constitution down to defeat in a 59-41 landslide.

Republican lawmakers placed the initiative on the ballot in January of last year in response to a 2019 decision by the state Supreme Court that overturned legislation banning an abortion procedure known as dilation and evacuation. In their ruling, a majority concluded that the state constitution protects "the right of personal autonomy," which includes "whether to continue a pregnancy." Only restrictions that "further a compelling government interest" and are "narrowly tailored to that interest" would pass muster, said the justices. The ban in question did not, and so more aggressive restrictions would not as well.

That infuriated Republicans, who were eager to clamp down on abortion if not ban it outright. They therefore drafted misleading language that would undo this ruling by amending the constitution. "Because Kansans value both women and children," the amendment superfluously began, "the constitution of the state of Kansas does not require government funding of abortion and does not create or secure a right to abortion"—even though the Supreme Court case had no bearing on such funding.

The accompanying explanatory text was also heavily tilted to the "Yes" side, saying that a "No" vote "could restrict the people, through their elected state legislators, from regulating abortion by leaving in place the recently recognized right to abortion."

Republicans further sought to tilt the scales in their favor by scheduling the vote to coincide with the state's August primary, almost certainly expecting light mid-summer turnout that would favor their side. That emphatically did not come to pass. Remarkably, the total vote on the abortion amendment was 25% greater than the combined tally in both parties' primaries for governor, meaning at least 150,000 voters showed up just to vote on the ballot measure.

In the state's most populous county, Johnson County in the Kansas City suburbs, at least 243,000 voters participated in the vote on the amendment, 90% of the turnout of the hotly contested general election for governor in 2018. What's more, the "No" side demonstrated considerable crossover appeal: While Democrat Laura Kelly carried Johnson 55-38 four years ago, the pro-abortion position prevailed by a far wider 68-32 margin on Tuesday.

A similar phenomenon repeated itself across the state, even in deeply conservative Sedgwick County, home to Wichita—the longtime headquarters of the anti-abortion terrorist group Operation Rescue and the city where abortion provider George Tiller was assassinated in 2009 while leaving church. Donald Trump won Sedgwick 54-43 in 2020, but "No" also won, 58-42.

Both sides spent heavily, about $6 million apiece, with half of the "Yes" funding coming from the Catholic Church. Kansans for Constitutional Freedom, the leading group that worked to defeat the measure, carefully targeted its messaging: Ads in Democratic-leaning areas warned that the amendment "could ban any abortion with no exceptions," while those in more conservative parts of the state avoided mentioning abortion at all and instead decried the measure as "a strict government mandate designed to interfere with private medical decisions."

Amendment supporters, meanwhile, relied on more partisan framing, blasting "unelected liberal judges appointed by pro-abortion politicians" who "ruled the Kansas constitution contains an unlimited right to abortion, making painful dismemberment abortions legal." But even though Trump won Kansas by a wide 56-41 margin just two years ago, this sort of message failed to break through.

The final result also defied the only public poll of the race, a survey from the Republican firm co/efficient that found the amendment passing by a 47-43 margin. It will also buoy activists in Kentucky, who are fighting a similar amendment in November, as well as those in Michigan, who are seeking to enshrine abortion rights into their state's constitution. And it should serve as a reminder to Democrats that protecting the right to an abortion is the popular, mainstream position in almost every part of the country.

election recaps

● Primary Night: Below is a state-by-state look at where Tuesday’s other major contests stood as of 8 AM ET Wednesday, and you can also find our cheat-sheet here. Before we dive in, though, we’ll highlight that the margins may change as more votes are tabulated; indeed, we should expect considerably more ballots to be counted in both Arizona and Washington, as well as Michigan’s Wayne County.

In Maricopa County, which is home to over 60% of the Grand Canyon State’s residents, election authorities say that they’ll use Wednesday to verify signatures for any early ballots that were dropped off on Election Day and that they expect an updated vote tally by 10 PM ET/ 7 PM local time; a large amount of votes remain to be counted in the other 14 counties as well. Washington, meanwhile, conducts its elections entirely by mail, and ballots postmarked by Election Day are still valid as long as they're received within a few days.

Finally, a huge amounts of votes remain to be counted in Wayne County for a very different reason. Officials in Michigan’s most populous county said on Tuesday evening, “Based on the recommendation of the Voluntary Voting Systems Guideline 2.0 issued by the U.S. Election Assistance Commission, coupled with AT&Ts decision in March 2022 to no longer support 3G modems, 65 out of 83 Counties in Michigan are no longer modeming unofficial election results.” The statement continued, “We do not have a definitive time of when we will reach 100 percent reporting, but will continue to work throughout the evening and morning until this is achieved.”

● AZ-Sen (R): Former Thiel Capital chief operating officer Blake Masters, who picked up Trump’s endorsement in June, beat wealthy businessman Jim Lamon 39-29 for the right to take on Democratic Sen. Mark Kelly in what will be one of the most contested Senate races in the nation.

● AZ-Gov (R): Kari Lake, a former local TV anchor turned far-right conspiracy theorist, leads Board of Regents member Karrin Taylor Robson 46-44―a margin of about 11,000 votes―with just over 637,000 ballots tabulated; the Associated Press, which has not called the race, estimates that 80% of the vote has been counted so far. Lake, who trailed until the wee hours of Wednesday morning, has Trump’s endorsement, while termed-out Gov. Doug Ducey is for Robson.

● AZ-Gov (D): Secretary of State Katie Hobbs defeated former Homeland Security official Marco López in a 73-22 landslide.

● AZ-01 (R): Republican incumbent David Schweikert holds a 43-33 lead over wealthy businessman Elijah Norton with 96,000 votes in, or 82% of the estimated total. The winner will be defending a reconfigured seat in the eastern Phoenix area that, at 50-49 Biden, is more competitive than Schweikert’s existing 6th District.

● AZ-01 (D): Jevin Hodge, who lost a tight 2020 race for the Maricopa County Board of Supervisors, defeated former Phoenix Suns employee Adam Metzendorf 61-39.

● AZ-02 (R): Trump’s candidate, Navy SEAL veteran Eli Crane, enjoys a 34-24 lead over state Rep. Walter Blackman in another uncalled race; 76,000 votes are in, which the AP says is 90% of the total. The winner will face Democratic Rep. Tom O'Halleran, who is defending a seat in northern and eastern rural Arizona that Trump would have taken 53-45.

● AZ-04 (R): In potentially bad news for the GOP establishment, self-funding restaurant owner Kelly Cooper leads former Arizona Bankers Association president Tanya Wheeless 30-25; 56,000 ballots are counted, and the AP estimates this is 82% of the total. The powerful Congressional Leadership Fund supported Wheeless, who benefited from $1.5 million in outside spending to promote her or attack Cooper. The eventual nominee will take on Democratic Rep. Greg Stanton in a reconfigured 54-44 Biden seat in the southern Phoenix suburbs.

● AZ-06 (D): Former state Sen. Kirsten Engel defeated state Rep. Daniel Hernandez 60-34 in the primary to succeed their fellow Democrat, retiring Rep. Ann Kirkpatrick. This new Tucson-based seat would have backed Biden just 49.3-49.2.

● AZ-06 (R): Juan Ciscomani, who is a former senior advisor to Gov. Doug Ducey, turned back perennial candidate Brandon Martin 47-21. Ciscomani always looked like favorite to capture the GOP nod against an underfunded set of foes, though his allies at the Congressional Leadership Fund unexpectedly spent $1 million to support him in the final days of the race.

● AZ-AG (R): The GOP primary has not yet been resolved, but Trump’s pick, former prosecutor Abe Hamadeh, leads former Tucson City Councilor Rodney Glassman 32-24 with 605,000 ballots tabulated; the AP estimates that 80% of the vote is in. The winner will go up against former Arizona Corporation Commission Chair Kris Mayes, who had no opposition in the Democratic primary, in the contest to replace termed-out Republican incumbent Mark Brnovich.

● AZ-SoS (R): State Rep. Mark Finchem, a QAnon supporter who led the failed effort to overturn Biden's victory and attended the Jan. 6 rally just ahead of the attack on the Capitol, defeated advertising executive Beau Lane 41-25 to win the GOP nod to succeed Democratic incumbent Katie Hobbs. Trump was all-in for Finchem while Ducey backed Lane, the one candidate in the four-person primary who acknowledges Biden’s win.

● AZ-SoS (D): Former Maricopa County Clerk Adrian Fontes leads House Minority Leader Reginald Bolding 53-47 in another race that has not yet been called. A total of 467,000 ballots are in, which the AP estimates is 77% of the total vote.

● Maricopa County, AZ Attorney (R): With 328,000 votes in, appointed incumbent Rachel Mitchell leads former City of Goodyear Prosecutor Gina Godbehere 58-42 in the special election primary to succeed Allister Adel, a fellow Republican who resigned in March and died the next month. The winner will face Democrat Julie Gunnigle, who lost to Adel 51-49 in 2020; this post will be up for a regular four-year term in 2024.

● KS-AG (R): He’s back: Former Secretary of State Kris Kobach defeated state Sen. Kellie Warren 42-38 in a tight primary to succeed Attorney General Derek Schmidt, who easily won his own GOP primary to take on Democratic Gov. Laura Kelly. Kobach, a notorious voter suppression zealot who lost to Kelly in a 2018 upset, will take on attorney Chris Mann, who had no Democratic primary opposition.

● MI-Gov (R): Conservative radio host Tudor Dixon won the nomination to face Democratic Gov. Gretchen Whitmer by defeating wealthy businessman Kevin Rinke 41-22; Dixon picked up Trump’s endorsement in the final days of the campaign, though he only supported her when it was clear she was the frontrunner. Note that these totals don’t include write-ins, so we don’t know yet exactly how poorly former Detroit Police Chief James Craig’s last-ditch effort went.

● MI-03 (R): Conservative commentator John Gibbs’ Trump-backed campaign denied renomination to freshman Rep. Peter Meijer, who was one of the 10 House Republicans to vote for impeachment, 52-48. Meijer and his allies massively outspent Gibbs’ side, though the challenger got a late boost from Democrats who believe he’d be easier to beat in November.

Gibbs will now go up against 2020 Democratic nominee Hillary Scholten, who had no primary opposition in her second campaign. Meijer defeated Scholten 53-47 in 2020 as Trump was taking the old 3rd 51-47, but Michigan's new independent redistricting commission dramatically transformed this Grand Rapids-based constituency into a new 53-45 Biden seat.

● MI-08 (R): Former Trump administration official Paul Junge beat former Grosse Pointe Shores Councilman Matthew Seely 54-24 for the right to take on Democratic Rep. Dan Kildee. Junge lost to Democratic Rep. Elissa Slotkin 51-47 in the old 8th District in 2020 and decided to run here even though the old and new 8th Districts do not overlap. Biden would have carried the revamped version of this seat in the Flint and Saginaw areas 50-48.

● MI-10 (D): Former Macomb County Judge Carl Marlinga beat former Macomb County Health Department head Rhonda Powell 48-17 in the Democratic primary for a redrawn seat in Detroit's northeastern suburbs that's open because of the incumbent-vs.-incumbent matchup in the 11th (see just below).

Marlinga will face Army veteran John James, who was Team Red's Senate nominee in 2018 and 2020, in a constituency Trump would have taken 50-49. James narrowly lost to Democratic Sen. Gary Peters within the confines of the new 10th by a 49.3-48.6 margin last cycle, but he begins this general election with a massive financial lead.

● MI-11 (D): Rep. Haley Stevens beat her fellow two-term incumbent, Andy Levin, 60-40 in the Democratic primary for a revamped seat in Detroit’s northern suburbs that Biden would have carried 59-39. Stevens represented considerably more of the new seat than Levin, whom some Democrats hoped would campaign in the 10th instead of running here; Stevens and her allies, led by the hawkish pro-Israel organization AIPAC, also massively outspent Levin’s side.

● MI-12 (D): Rep. Rashida Tlaib turned back Detroit City Clerk Janice Winfrey 65-20 in this safely blue seat. The AP estimates only 66% of the vote is counted because of the aforementioned delays in Wayne County, but the agency has called the contest for the incumbent.

● MI-13 (D): Wealthy state Rep. Shri Thanedar leads state Sen. Adam Hollier 28-24 with 51,000 votes tabulated in this loyally blue Detroit-based constituency, but the AP estimates that this represents only 49% of the total vote and has not made a call here.

● MO-Sen (R): Attorney General Eric Schmitt beat Rep. Vicky Hartzler 46-22 in the primary to succeed their fellow Republican, retiring Sen. Roy Blunt; disgraced former Gov. Eric Greitens, who was the other “ERIC” Trump endorsed one day before the primary, took third with only 19%. (Yet another Eric, Some Dude Eric McElroy, clocked in at 0.4%.) Republican leaders who weren’t Trump feared that the scandal-ridden Greitens could jeopardize the party’s chances in this red state if he were nominated, and Politico reports that Senate Minority Leader Mitch McConnell’s allies at the Senate Leadership Fund quietly financed the main anti-Greitens super PAC.

Schmitt, though, will be the favorite against businesswoman Trudy Busch Valentine, who claimed the Democratic nod by beating Marine veteran Lucas Kunce 43-38. A onetime Republican, former U.S. Attorney John Wood, is also campaigning as an independent.

● MO-01 (D): Rep. Cori Bush turned back state Sen. Steve Roberts 70-27 to win renomination in this safely blue St. Louis seat.

● MO-04 (R): Former Kansas City TV anchor Mark Alford won the nod to succeed unsuccessful Senate candidate Vicky Hartzler by beating state Sen. Rick Brattin 35-21 in this dark red western Missouri seat. Brattin had the backing of School Freedom Fund, a deep-pocketed affiliate of the anti-tax Club for Growth, while the crypto-aligned American Dream Federal Action and Conservative Americans PAC supported Alford.

● MO-07 (R): Eric Burlison defeated fellow state Sen. Jay Wasson 38-23 to claim the nomination to replace Rep. Billy Long, who gave up this safely red southwestern Missouri seat only to come in a distant fourth in the Senate race. Burlison had the backing of both the Club for Growth and nihilistic House Freedom Caucus.

● WA-03: The AP has not yet called either general election spot in the top-two primary for this 51-46 Trump seat in southwestern Washington. With 105,000 votes counted, which represents an estimated 57% of the vote, Democrat Marie Perez is in first with 32%. GOP Rep. Jaime Herrera Beutler, who voted for impeachment, holds a 25-20 edge over Trump’s candidate, Army veteran Joe Kent.

● WA-04: Things are similarly unresolved in this 57-40 Trump seat in eastern Washington with 74,000 votes in, which makes up an estimated 47% of the total vote. GOP Rep. Dan Newhouse, who also supported impeaching Trump, is in first with 27%; Democrat Doug White leads Trump’s pick, 2020 GOP gubernatorial nominee Loren Culp, 26-22 for second.

● WA-08: Democratic Rep. Kim Schrier took first with 49% in this 52-45 Biden seat in suburban Seattle, but we don’t yet know which Republican she’ll be going up against. With 110,000 ballots in, or 53% of the estimated total, 2020 attorney general nominee Matt Larkin is edging out King County Councilmember Reagan Dunn 16-15; Jesse Jensen, who came unexpectedly close to beating Schrier in 2020, is in third with 13%.

● WA-SoS: Appointed Democratic incumbent Steve Hobbs easily secured a spot in the November special election, but he may need to wait a while to learn who his opponent will be. With 965,000 votes in, which the AP estimates is 47% of the total, Hobbs is in first with 41%; Pierce County Auditor Julie Anderson, who does not identify with either party, enjoys a 12.9-12.4 edge over a first-time GOP candidate named Bob Hagglund, while Republican state Sen. Keith Wagoner is just behind with 12.2%.

Governors

● NY-Gov: Siena College's first general election poll finds Democratic Gov. Kathy Hochul defeating Republican Rep. Lee Zeldin 53-39; this is the first survey from a reliable pollster since both candidates won their respective primaries in late June.

● RI-Gov: Secretary of State Nellie Gorbea has publicized a Lake Research Partners internal that shows her beating Gov. Dan McKee 27-22 in the Sept. 13 Democratic primary; former CVS executive Helena Foulkes takes 14%, while former Secretary of State Matt Brown is a distant fourth with just 7%. The last survey we saw was a late June poll from Suffolk University that gave Gorbea a similar 24-20 edge over the governor as Foulkes grabbed 16%.

Campaign finance reports are also now available for all the candidates for the second quarter of the year:

  • Foulkes: $550,000 raised, $1.4 million spent, $690,000 cash-on-hand
  • McKee: $280,000 raised, $140,000 spent, $1.2 million cash-on-hand
  • Gorbea: $270,000 raised, $380,000 spent, $790,000 cash-on-hand
  • Brown: $50,000 raised, additional $30,000 reimbursed, $90,000 spent, $70,000 cash-on-hand

The only serious Republican in the running is businesswoman Ashley Kalus, who raised only a little more than $60,000 from donors during this time but self-funded another $1.7 million. Kalus spent $1.1 million, and she had that same amount available at the end of June.

House

● HI-02: While former state Sen. Jill Tokuda has far outraised her only serious intra-party rival, state Rep. Patrick Branco, ahead of the Aug. 13 Democratic primary for this open seat, outside groups have spent a total of $1 million to help Branco. One of the state representative's allies, VoteVets, recently aired an ad attacking Tokuda for receiving a 2012 endorsement from the NRA; the spot does not mention Branco, a former U.S. Foreign Service diplomat who served in Colombia and Pakistan.

Another major Branco backer is the Congressional Hispanic Caucus, which is hoping to elect Hawaii's first Latino member of Congress. The other organizations in his corner are the crypto-aligned Web3 Forward and Mainstream Democrats PAC, a new group with the stated purpose of thwarting "far-left organizations" that want to take over the Democratic Party. The only poll we've seen here was a late June MRG Research survey for Civil Beat and Hawaii News Now that put Tokuda ahead 31-6, but it was conducted before Blanco's allies began spending here.

● IL-02: Rep. Robin Kelly on Friday evening ended her bid to stay on as state Democratic Party chair after acknowledging that she did not have a majority of the Central Committee in her corner. The next day, the body unanimously chose state Rep. Lisa Hernandez, who had the backing of Gov. J.B. Pritzker, as the new party chair.

● OK-02: Fund for a Working Congress, a conservative super PAC that has gotten involved in a few other GOP primaries this cycle, has deployed $400,000 to aid state Rep. Avery Frix in his Aug. 23 Republican primary runoff against former state Sen. Josh Brecheen. The group made its move around the same time that the Club for Growth-backed School Freedom Fund dropped a larger $1.1 million to boost Brecheen.

● TN-05: Retired National Guard Brig. Gen. Kurt Winstead has released a Spry Strategies internal that shows him trailing former state House Speaker Beth Harwell 22-20 ahead of Thursday's Republican primary for this newly-gerrymandered seat; Maury County Mayor Andy Ogles is in third with 15%, while an underfunded contender named Timothy Lee takes 10%.

Mayors

● Los Angeles, CA Mayor: Both President Joe Biden and Vice President Kamala Harris on Tuesday endorsed Democratic Rep. Karen Bass ahead of November's officially nonpartisan general election to lead America's second-largest city. Bass' opponent this fall is billionaire developer Rick Caruso, a former Republican and independent who is now a self-described "pro-centrist, pro-jobs, pro-public safety Democrat."

Ad Roundup

Dollar amounts reflect the reported size of ad buys and may be larger.

Morning Digest: This race could give Texas Democrats their first statewide win in 26 years

Posted on by Daily Kos Elections

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

● TX Railroad Commission: As Lone Star Democrats seek their first statewide victory in more than a quarter century, their best hope may be Chrysta Castañeda, who's running for a spot on an agency many people haven't heard of: the Texas Railroad Commission.

Campaign Action

Despite the name, the commission doesn't actually oversee trains, but it does have jurisdiction over something even more important in Texas: the state's energy industry (oversight of the rails was handed to the state's Department of Transportation in 2005). The panel, often known as the "RRC," is made up of three members, each elected statewide for six-year terms.

The last time a Democrat won a seat on the board was in 1990, when former Rep. Bob Krueger beat a Republican opponent by 56-40 margin. Krueger wound up resigning to accept an appointment to the U.S. Senate when Lloyd Bentsen became Bill Clinton's Treasury secretary, and Republicans comfortably beat his appointed successor in 1994.

Ever since, the GOP has held all three seats, but Republicans were already preparing for a serious battle this year—which, ironically, might have made their situation even worse. Republican Ryan Sitton, who first won a slot on the RRC in 2014, had stockpiled $2 million in his war chest for the general election, but in March, he lost his primary in an absolute shocker to an unknown named Jim Wright, the owner of an oilfield waste disposal company who had raised less than $13,000.

The 55-45 loss was so inexplicable that some political observers wondered if Wright benefited from sharing a name with the one-time speaker of the House who hailed from Fort Worth, the late Democrat Jim Wright, who died in 2015. It's not such a crazy theory: Perennial candidate Gene Kelly won multiple Texas primaries in the previous decade because voters had him confused with the beloved dancer.

Whatever the explanation, though, Wright's victory has left Republicans with a suddenly open seat and a badly flawed candidate. The RRC—the very body that Wright wants to join—fined him $182,000 for improper storage of hazardous waste in 2017, and he's been sued by his former business partners for fraud stemming from the mess.

Castañeda, an oil and gas attorney, took aim at Wright for his record in her first ad of the race, which went up last month, but the main topic she's focusing on is the issue of "flaring." That refers to the practice of oil producers burning off unwanted natural gas from their wells rather than capturing it for later use, a process that is both environmentally harmful and economically wasteful.

It's also against the law—unless a driller is granted a special permit, of which 7,000 were handed out last year. As Castañeda notes, such permits can only be granted if all three members of the commission agree, meaning she could single-handedly put an end to flaring even if Republicans still hold a nominal 2-1 majority on the board next year.

With this backdrop, The New Republic recently called this race "this year’s most important election for American climate policy." It could also finally put an end to the longest statewide losing streak for Democrats anywhere in the nation, as Texas last voted Democratic for any statewide race in 1994.

3Q Fundraising

● IA-Sen: Theresa Greenfield (D): $28.7 million raised

● WV-Gov: Jim Justice (R-inc): $890,000 raised, $263,000 cash-on-hand; Ben Salango (D): $564,000 raised, $153,000 cash-on-hand

● CA-25: Mike Garcia (R-inc): $3.2 million raised, $2 million cash-on-hand

● CA-48: Michelle Steel (R): $1.8 million raised

● MN-03: Kendall Qualls (R): $873,000 raised, $538,000 cash-on-hand

● MN-08: Quinn Nystrom (D): $650,000 raised

● NH-01: Chris Pappas (D-inc): $700,000 raised, $1.35 million cash-on-hand

● NY-02: Andrew Garbarino (R): $771,000 raised

● TX-10: Michael McCaul (R-inc): $870,000 raised, $1.1 million cash-on-hand

Senate

● GA-Sen-A: A pro-Republican group called Georgia Action Fund says it is spending $5 million on digital ads supposedly aimed at swaying undecided voters in the race between Republican Sen. David Perdue and Democrat Jon Ossoff.

● LA-Sen: Democrat Adrian Perkins narrates much of his first TV ad, which focuses on his biography, including his graduation from West Point and his service in Afghanistan and Iraq that resulted in an award of the Bronze Star. A voiceover notes that after he fought overseas, "Harvard Law and big job offers came." But, says Perkins, "I chose to come home. To serve my community. Now I'm taking our mission to Washington to get things done for you."

At the end, text appears on-screen noting that Perkins has been endorsed by Gov. John Bel Edwards and Barack Obama, an effort to consolidate Democratic voters to ensure Perkins makes a December runoff against Republican Sen. Bill Cassidy.

● NC-Sen: Republican Sen. Thom Tillis' new ad, unsurprisingly, goes after Democrat Cal Cunningham over the intimate text messages he shared with a woman who is not his wife. The spot mostly features clips of newscasters discussing various angles to the story, and during the "I approve this message" segment—not a section we discuss often—Tillis is shown hand-in-hand with his wife. Tillis' allies at the Senate Leadership Fund also recently went up with a similar ad.

Meanwhile, Politico reports that the DSCC is adding $3 million to their existing TV ad reservations for the last two weeks of the race.

● Polls: If you click each race tag below, such as "MT-Sen," you'll be taken to the Daily Kos Elections poll aggregator for that race, which displays a trendline for all available public polls and the current polling average.

  • MT-Sen: Data for Progress (D) for Crooked Media and Indivisible: Steve Bullock (D): 48, Steve Daines (R-inc): 46 (49-43 Trump)
  • NC-Sen: Data for Progress (D) for Crooked Media and Indivisible: Cal Cunningham (D): 50, Thom Tillis (R-inc): 39 (51-44 Biden) (Aug.: 49-41 Cunningham)
  • SC-Sen: GBAO (D) for the DSCC: Jaime Harrison (D): 48, Lindsey Graham: (R-inc): 47, Bill Bledsoe (C): 3 (49-44 Trump)
  • TX-Sen: Crosswind Media (R) and Pulse Opinion Research: John Cornyn (R-inc): 48, MJ Hegar (D): 39 (51-44 Trump)
  • TX-Sen: Data for Progress (D) for Crooked Media and Indivisible: Cornyn (R-inc): 45, Hegar (D): 42 (47-45 Biden) (Sept.: 40-38 Cornyn)

MT-Sen: While there hasn't been a ton of polling in Montana—and what we have seen has almost all been very tight—Data for Progress' survey is the first to show Steve Bullock with a lead since an early July poll from PPP that had Bullock ahead 46-44.

NC-Sen: A number of polls taken since Labor Day have shown Cal Cunningham up by double digits, but what's notable about about this Data for Progress poll is that it was in the field from Weds, Sept. 30 through Monday, Oct. 5. That means half of it was conducted after news about Cunningham's affair broke on Friday night, Oct. 2.

SC-Sen: The DSCC's poll included Constitution Party candidate Bill Bledsoe, who dropped out of the race and endorsed Lindsey Graham a few days after the survey concluded. However, Bledsoe's name will still appear on ballots.

Gubernatorial

● NC-Gov: Dan Forest is just the latest Republican trying to scare voters with ads showing footage of unrest, even starting his latest spot by saying, "Seems like the only people you see in downtown Asheville these days are rioters." Seems like he should try harder: According multiple local office-holders, including Asheville Mayor Esther Manheimer, Forest's clips don't show the city at all but instead were shot in other locales. When asked for comment, the Forest campaign didn't dispute the charge.

● Polls:

  • WV-Gov: Strategies Unlimited (D) for WV First: Jim Justice (R-inc): 46, Ben Salango (D): 40, Daniel Lutz Jr. (Mountain Party): 5

This is the closest poll of the three we've seen to date in this race. According to the Parkersburg News and Sentinel, WV First is a group opposing Jim Justice's re-election bid, though it does not appear to have any presence the web. The same is true of the pollster, Strategies Unlimited.

House

● IN-05: Indiana schools chief Jennifer McCormick has once again stuck her thumb in the eye of her own party by endorsing another Democrat, Christina Hale, who is seeking to flip the open 5th Congressional District. Though elected superintendent of public instruction as a Republican in 2016, McCormick has regularly feuded with the GOP and previously backed Democrat Woody Myers in his bid to unseat Republican Gov. Eric Holcomb, as well as Democrat Jonathan Weinzapfel, who is running for state attorney general. McCormick is not seeking re-election this year after Republicans turned her position into an appointed one starting after 2020.

● MI-08: Democratic Rep. Elissa Slotkin's latest ad features footage from a recent debate that went viral after she shredded her Republican opponent, Paul Junge, on healthcare. Junge had sought to make an issue of a lapse in insurance coverage that befell Slotkin's mother, blaming "undue burdens and regulations." Slotkin's scathing response occupies the bulk of the ad:

"Please don't speak about my mother as if you understand what made her health care unaffordable to her. And I think it's crazy that every time we ask you specific details about the thing that really helps people know that they're going to be protected—their kids are going to be protected—you deflect and start attacking me. And raising my mother? Come on, Paul."

● NE-02: Former Democratic Rep. Brad Ashford has endorsed vulnerable Republican Rep. Don Bacon, who narrowly booted him after one term in the House in 2016. Ashford sought to reclaim his seat in 2018 but lost a tight the Democratic primary that year to nonprofit executive Kara Eastman, who herself lost a close contest with Bacon later that year—a race in which Ashford supported her.

Eastman sought the Democratic nomination again this year and this time handily defeated Ashford's wife, attorney Ann Ferlic Ashford. Ann Ashford angrily refused to endorse Eastman following the May primary, citing comments Eastman had made blaming Ashford's campaign-trail criticisms of her on "bad blood" stemming from her defeat of Ashford's husband two years earlier.

Bacon's past statements about Brad Ashford, however, have been far harsher. Among other things, Bacon accused Ashford of being soft on the Islamic State during their 2016 race, claiming in an ad, "If Brad Ashford doesn't know ISIS is targeting Nebraska, how can we trust him to keep us safe?"

● VA-02: Democratic Rep. Elaine Luria's newest ad stars a COVID survivor named Fred Herrmann who excoriates Republican Scott Taylor for hosting a campaign event over the summer where attendees were maskless and greeted each other—including Taylor—with intimate hugs. Footage of the disturbing gathering rolls as Herrmann pours out his criticism. "Scott Taylor even compared coronavirus to the flu. It's not the flu," he says. "Mr. Taylor, I couldn't see my family while I thought I was going to die, because this virus is dangerous—and sending you back to Congress would be, too."

● Polls:

CA-25: Smith's memo didn't include exact figures for the presidential race, but it did say that Joe Biden "is currently beating Trump by 4 points." That would represent the rare district-level poll where Biden's margin is narrower than Hillary Clinton's was in 2016 (she carried the 25th 50-44).

NY-22: Believe it or not, Siena's poll is the very first we've seen of this race, and the findings are a serious whoa-mama-joe moment for the GOP, particularly as regards the presidential race. Upstate New York's 22nd District was one of those rural white areas where the bottom really fell out for Democrats in 2016: While Barack Obama had lost to Mitt Romney by less than a point here, Trump crushed Clinton 55-39.

There's good reason to believe Siena, too. In 2016, the school's polling accurately forecast the district's big shift to Trump, both in late September and just before Election Day, when it had Trump up 14. If Republicans can't beat Brindisi, who exactly can they beat?

Mayoral

● Miami-Dade County, FL Mayor: The Democratic firm Bendixen & Amandi International's new poll for the Miami Herald gives Democrat Daniella Levine Cava a 45-35 lead over Republican Steve Bovo in next month's officially nonpartisan race, which is an improvement from the 39-32 edge it found last month. Levine Cava also released a Change Research survey in late September that showed her up 45-32, while Bovo's side has yet to publicize its own numbers.

Levine Cava would be the first Democrat to serve as the chief executive of Florida's largest county since Alex Penelas left office in 2004. Penelas himself waged a comeback campaign this year, but he took third in August's nonpartisan primary.

● New York City, NY Mayor: Civil rights attorney Maya Wiley, a former counsel to term-limited Mayor Bill de Blasio, entered next year's Democratic primary to succeed her old boss on Thursday. Wiley, who is Black, would be the first woman mayor in the city's history. In her kickoff, she took several jabs at the unpopular incumbent. "If I am mayor, you will never have to wonder who's in charge," she said. "You will never have to question ... whether the mayor even wants the job." She also ridiculed de Blasio's hapless presidential bid, saying, "You will never have to wonder whether I'm in Iowa."

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