Morning Digest: Republicans seek to trim Democrats’ majority in race for Pennsylvania Supreme Court

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

Leading Off

PA Supreme Court: Two Democrats and one Republican have so far announced that they'll run in next year's statewide race for a 10-year term on the Pennsylvania Supreme Court, which will be a high-stakes contest even though the Democratic majority on the seven-member body is not at risk. The post these candidates are running for became vacant in September when Chief Justice Max Baer died at the age of 74 just months before he was to retire because of mandatory age limits.

Baer's absence was felt just before Election Day when one Democratic justice, Kevin Dougherty, sided with his two GOP colleagues against the remaining three Democratic members in a high-profile case over whether to count mail-in ballots that arrived on time but had missing or incorrect dates. This deadlock meant that election authorities were required to "segregate and preserve any ballots contained in undated or incorrectly dated outer envelopes," a decision that Democrats feared could cost them crucial contests.

Team Blue, after scrambling to encourage any impacted voters to cast new votes (one woman even immediately flew home from Colorado at her own expense to make sure she would "not be silenced by voter suppression"), got something of a reprieve when Senate nominee John Fetterman and other Democrats pulled off decisive wins. Still, the ruling was a troubling reminder that, even with a 4-2 Democratic edge on the state's highest court, Republicans could still have their way on major cases.

Baer's seat still remains unfilled, since either outgoing Gov. Tom Wolf or his successor, fellow Democrat Josh Shapiro, would need to have his nominee confirmed by the GOP-run state Senate. It's not clear whether Republicans would assent to anyone chosen by Wolf or Shapiro, though any acceptable appointee would almost certainly be someone who agreed not to run next year.

That likely explains why two Democratic members of the Superior Court from opposite sides of the state, Beaver County's Deborah Kunselman and Philadelphia's Daniel McCaffery, have already launched campaigns ahead of the May primary. (The Superior Court is one of two intermediate appellate courts in the state and hears most appeals.) The only Republican in the running right now is Montgomery County President Judge Carolyn Carluccio. A win would be a boon to Republicans but, barring more unexpected vacancies, the soonest they could actually retake the majority would be 2025.

election calls

 CA-13: The final unresolved House race of 2022 was called Friday night for Republican agribusinessman John Duarte, who flipped this seat by defeating Democratic Assemblyman Adam Gray 50.2-49.8 after an expensive battle. Biden carried this sprawling constituency in the mid-Central Valley by a 54-43 margin, but Democrats often struggle with midterm turnout in this region. Duarte, though, will almost certainly be a top target when the next presidential cycle comes around in two years.

With this race settled, Republicans will begin the 118th Congress with 222 House seats compared to 212 for Democrats. This tally includes Colorado’s 3rd District, where Democrat Adam Frisch has conceded to far-right Rep. Lauren Boebert even though an automatic recount will take place this month. The final constituency is Virginia’s safely blue 4th District, which became vacant last week following the death of Democratic Rep. Donald McEachin and will be filled through a still-to-be-scheduled special election.

Georgia Runoff

GA-Sen: Two new media polls show Democratic incumbent Raphael Warnock with a small lead over Republican Herschel Walker going into Tuesday's runoff. SurveyUSA, working for WXIA-TV, put the senator ahead 50-47, while SRSS' poll for CNN had Warnock up 52-48. (SRSS allowed respondents to say they were uncommitted, but almost none did.)

Redistricting

MT Redistricting: Montana's bipartisan redistricting commission gave its approval to a new map for the state House on Thursday, with the panel's tiebreaking independent member voting in favor of a proposal put forth by Democratic commissioners while the body's two Republicans voted against it. While Republicans are still all but assured of retaining control of the 100-member House, Democrats will have a strong chance of rolling back the GOP's supermajority, which currently stands at 68 seats. (An interactive version of the plan can be found on Dave's Redistricting App.)

The map isn't quite done yet, however: Members of the public will now have the chance to offer feedback, which the commission may use to make further tweaks. Once that task is complete, the panel will work on a map for the upper chamber, which will involve uniting pairs of House districts to create single Senate districts (a process known as "nesting"). The commission will then vote to send final maps to lawmakers, who will have 30 days to propose additional adjustments. Commissioners, however, are not obligated to make any revisions based on comments from legislators.

Once all of this is done, Montana will finally become the last state to finish regular redistricting this decade. It waited so long due to arcane provisions in its state constitution, a delay that very likely was unconstitutional. Despite this apparent violation of the "one person, one vote" doctrine, no one brought a lawsuit challenging these procedures prior to the 2022 elections, so they remained in place. However, in the coming decade, such a challenge could very well succeed.

Senate

FL-Sen: Retiring Democratic Rep. Stephanie Murphy did not rule out challenging Republican Sen. Rick Scott in 2024, telling the Orlando Sentinel, "I'm running through the tape in this job. And then I'll figure out what comes next." Murphy also used the interview to push back on the idea that her state had become unwinnable for Democrats, arguing, "Florida is not dark red. It can be a purple and blue state with the right candidates and with the right field strategy."

WV-Sen: Democratic Sen. Joe Manchin said Friday he'd announce his re-election plans sometime in 2023, and that he is "not in a hurry" to make a decision.

House

NM-02: Defeated GOP Rep. Yvette Herrell sent an email to supporters shortly after she created a new FEC account where she confirmed she was considering a rematch against the Democrat who beat her, Rep.-elect Gabe Vasquez. "We know our work in Washington was not completed, and hundreds of people from all over the District and colleagues in Washington have asked me to stay in the fight," Herrell said, adding, "All options will be on the table--so stay tuned."

OR-06: A local judge on Thursday allowed Mike Erickson's lawsuit against Democratic Rep.-elect Andrea Salinas to proceed, but the Republican's legal team is hedging whether he'd try to prevent Salinas from taking office or stop at demanding hundreds of thousands in damages over what he claims was a dishonest ad.

Attorneys General and Secretaries of State

PA-AG: The Philadelphia Inquirer's Chris Brennan takes a look at what could be a crowded 2024 contest to serve as attorney general of this major swing state, a post that Democrat Josh Shapiro will hold until he resigns to become governor. Shapiro will be able to nominate a successor for the GOP-led state Senate to approve, but there's little question that the new attorney general will be someone who agrees to not run in two years.

On the Democratic side, former state Auditor General Eugene DePasquale tells Brennan that he's interested in running; DePasquale was last on the ballot in 2020 when he lost to far-right Rep. Scott Perry 53-47 in the Harrisburg-based 10th District. The paper also reports that former Philadelphia Public Defender Keir Bradford-Grey, Bucks County Solicitor Joe Khan, and state Rep. Jared Solomon are all thinking about it. A PAC began fundraising for Bradford-Grey all the way back in April, though she hasn't publicly committed to anything.

Finally, Brennan mentions outgoing Rep. Conor Lamb, who lost this year's Senate primary to John Fetterman, as a possibility. Lamb recently drew attention when he announced he had accepted a job at a prominent law firm in Philadelphia, which is at the opposite side of the commonwealth from his suburban Pittsburgh base, while adding, "I hope to return to public service one day, perhaps soon." Delaware County District Attorney Jack Stollsteimer, who is running for re-election in 2023, is also name-dropped as a possible contender.

On the Republican corner, Brennan relays that former U.S. Attorney Bill McSwain being recruited to run for attorney general by unnamed people even though his last bid went very badly. McSwain initially looked like a strong candidate for governor this year before Donald Trump castigated his appointee for not doing enough to advance the Big Lie and urged Republicans not to vote for him. McSwain's main ally, conservative billionaire Jeff Yass, later urged him to drop out in order to stop QAnon ally Doug Mastriano, but he didn't listen: McSwain took a distant third with just 16%, while Shapiro went on to beat Mastriano in a landslide.

Another Republican, state Rep. Craig Williams, says he's considering even though he's focused right now on being an impeachment manager as his party tries to remove Philadelphia District Attorney Larry Krasner from office. (Solomon will be one of the Democrats defending Krasner at his January trial before the state Senate.) Brennan also mentions as possibilities former U.S. Attorney Scott Brady; state Rep. Natalie Mihalek; York County District Attorney David Sunday; and Westmoreland County District Attorney Nicole Ziccarelli.

The attorney general became an elected office in 1980, and Republicans had an iron grip on the job until Democrat Kathleen Kane finally broke their streak in 2012. Kane resigned in disgrace four years later, but Shapiro held the seat for his party even as Donald Trump was narrowly carrying the state and prevailed again in 2020.

Legislatures

WI State Senate: Democratic Gov. Tony Evers has scheduled the special election to succeed former Republican state Sen. Alberta Darling, whose resignation gives Democrats a chance to take away the GOP's new supermajority, to coincide with the April 4 statewide contest for the Wisconsin Supreme Court. Evers' proclamation also makes it clear the contest for this seat, which is based in the suburbs and exurbs north of Milwaukee, will take place under the new legislative lines drawn up this year.

The new version of this seat would have backed Trump 52-47, according to Dave's Redistricting App. Republican Sen. Ron Johnson last month won the district 54-46, according to our calculations, while GOP gubernatorial nominee Tim Michels prevailed over Evers here by a smaller 52-48 spread.

The only notable candidate currently running to succeed Darling is Republican state Rep. Dan Knodl, who launched his bid on Tuesday. Prospective contenders have until Jan. 3 to file, and primaries would take place Feb. 21 if needed.

Mayors and County Leaders

Houston, TX Mayor: State Sen. John Whitmire announced all the way back in 2021 that he would compete in next fall's nonpartisan contest to succeed his fellow Democrat, termed-out Mayor Sylvester Turner, but Whitmire's Tuesday kickoff still made news for attracting a number of prominent Republican donors.

Whitmire has in his corner billionaire Tilman Fertitta, who also used the launch at the hotel he owns to attack Turner's leadership. (Paper City notes that Fertitta once hosted a fundraiser for Turner.) The state senator also has the backing of several donors whom the Houston Chronicle says funded Republican Alexandra del Moral Mealer's unsuccessful attempt to oust Harris County Judge Lina Hidalgo last month, as well as local police unions. The kickoff was also attended by some notable local Democrats including Harris County District Attorney Kim Ogg, who has clashed with Hidalgo, and fellow state Sen. Carol Alvarado.

Whitmire himself begins the campaign with a huge $9.5 million in his legislative account, though, the Chronicle says it's not clear how much of that he can use to run for mayor. He's been able to build up this sort of haul in part because he's had decades to fundraise. He was first elected to the state House all the way back in 1972, when Democrats were still the dominant party in Texas, and he won a promotion to the upper chamber in 1982.

Whitmire, who is the longest serving member of the state Senate, has remained a powerful figure even though he's spent most of that time in the minority. He has chaired the Criminal Justice Committee since 1993, which makes him the only Democrat to hold this sort of power. The Chronicle writes that, while he's usually supported his party's proposals, he's sided with the GOP on multiple votes against bail reform. The state senator last year also dismissed the lack of air conditioning units in jail cells by snarking, "Don't commit a crime and you can be cool at home."

The state senator, though, had no trouble winning renomination to his seat, which now takes up about a quarter of Houston, until this year when he faced a challenge from the left from nurse Molly Cook. Cook, who accused him of "running for two offices at once," lost 58-42, which was still Whitmire's closest showing since the early 1990s.

Whitmire currently faces three notable opponents in the race for the job that his former sister-in-law, Kathy Whitmire, held from 1982 to 1992. The field includes former Harris County Clerk Chris Hollins, who attracted widespread attention in 2020 for implementing efforts to expand access to voting during the pandemic. Hollins has already called Whitmire's Democratic loyalties into question by reminding voters that he did not support Hidalgo during her competitive re-election fight.

The contest also includes former City Councilwoman Amanda Edwards, who took fifth in the 2020 Democratic primary for U.S. Senate and would be the first Black woman to lead Houston. Rounding out the field is attorney Lee Kaplan, a first-time candidate who has done some self-funding. Kaplan and Edwards had about $700,000 and $720,000 on hand at the end of June, respectively, while Hollins had $940,000 to spend. All the candidates will compete on one nonpartisan ballot in November, and it would take a majority of the vote to avert a runoff the next month.

Morning Digest: Trumpworld’s favorite pollster is pushing unhinged election conspiracy theories

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

WY-AL: Donald Trump's "Save America" PAC is trying to put the hurt on Republican Rep. Liz Cheney by publicizing a poll of next year's primary purporting to show the congresswoman in dire straits, but there are some serious problems we’re obligated to address.

We’ll spare a quick look at the numbers first, though as we’ll show in just a moment, there’s good reason to question their veracity because they’re from the notorious firm McLaughlin & Associates—and not just for the usual reasons.

The survey shows Cheney trailing both state Sen. Anthony Bouchard (who's already announced a bid) and state Rep. Chuck Gray (whose name hasn't come up previously) by the same 50-23 margin, and it even has her losing a three-way matchup, with Bouchard taking 28, Cheney 21, and Gray 17. McLaughlin’s track record for sheer wrongness is so well-known we don't even need to get into it, but there’s something else we do want to get into.

Campaign Action

In particular, we need to shine a spotlight on recent comments made by the firm's principal, John McLaughlin, who's veered deep into the land of election conspiracy theories. In promoting a poll his firm conducted last month, McLaughlin tried to buttress support for a number of long-debunked lies:

  • "It is concerning that in this poll where a majority of voted for Biden, they still can't say it was an honest election."
  • "Since Election Day, and despite media spin the election fraud story is a big nothing, belief among voters of serious vote fraud has grown."
  • "Weeks have passed since the presidential election, but in spite of Big Media and Big Tech's promotion of Joe Biden, more American voters believe the election was marred with fraud — and it's growing."

The Washington Post, meanwhile, reported that McLaughlin happily obliged a rage-filled Trump with similarly unhinged polling after the election, including numbers that—impossibly—showed him with a positive job approval score. (The article memorably featured one White House adviser comparing Trump to "Mad King George, muttering, 'I won. I won. I won.'" It listed McLaughlin first among aides “happy to scratch [Trump’s] itch” for validation.)

Most extreme of all, on the night of the Georgia Senate runoffs, McLaughlin approvingly retweeted a Trump tweet that read, "Looks like they are setting up a big 'voter dump' against the Republican candidates. Waiting to see how many votes they need?" Pointing to heavily Democratic DeKalb County, McLaughlin wondered aloud, "Are they deciding how many votes the Democrats need to win?" and later that night grimaced, "The big dump came." Needless to say, no such thing happened.

As we said when we recently surveyed similar statements by the head of another Republican polling outfit, Trafalgar Group:

We take a heterodox approach to polling—there are many ways to get it right, and no one has a monopoly on the truth. But the truth is what we all must seek. Excluding polls is not something we do lightly, but when a pollster espouses beliefs about elections that are demonstrably false, we are unable to conclude that such a person does in fact believe in seeking the truth.

So too with McLaughlin. While he's long been an object of ridicule, he's now demonstrated that it's not just incompetence that lies behind his many errors but a fundamental disregard for the truth—and we’ll treat him accordingly.

Senate

FL-Sen: Politico reports that the DSCC and Joe Biden are working to recruit either Rep. Val Demings or Rep. Stephanie Murphy to run against Republican Sen. Marco Rubio next year, though both have been "noncommittal." Demings said last month she was considering a bid while Murphy declined to rule out the race in December.

IN-Sen: In a new interview, former Democratic Sen. Joe Donnelly didn't rule out a possible challenge to Republican Sen. Todd Young next year, saying that "we'll see what the future holds." However, Donnelly cautioned that he has "not made any kind of decisions on those types of things" and declined to specify any sort of timetable. Donnelly, who won a remarkable upset in 2012, lost his bid for a second term to Republican Mike Braun by a 51-45 margin in 2018.

NH-Sen, NH-Gov: WMUR's John DiStaso reports that Republican operatives believe that former Sen. Kelly Ayotte, whose name has more frequently come up as a possible gubernatorial candidate if Gov. Chris Sununu decides to run for Senate, will herself "take a hard look" at a bid against Democratic Sen. Maggie Hassan. DiStaso notes, though, that Ayotte and Sununu are "very unlikely" to run against one another, so presumably Ayotte would be more inclined to consider the governorship if Sununu goes for the Senate but would have greater interest in the Senate race if Sununu seeks re-election.

OH-Sen, OH-Gov: Far-right Rep. Jim Jordan’s team said Thursday that he would not run to succeed his fellow Republican, retiring Sen. Rob Portman. Buckeye State Republicans had speculated that if Jordan, who has long been a key Donald Trump ally, had run, he would have been able to deter many of his would-be primary opponents. That won’t be happening now, though, and Jordan’s decision could encourage the many Republicans eyeing this race to make the jump.

Jordan’s spokesperson did not mention a Cleveland.com report from November that the congressman was considering challenging Republican Gov. Mike DeWine, who fell out with Trumpworld after he recognized Joe Biden's victory. However, we haven’t heard anything new about a potential Jordan gubernatorial campaign in the ensuing two months, and it’s not clear if the congressman is even still considering the idea.

DSCC: Democrats have chosen Michigan Sen. Gary Peters to lead the DSCC for the coming cycle. Peters has experience winning difficult elections, holding off Republican John James by a close 50-48 margin last year.

Governors

FL-Gov: Politico reports that Democratic Rep. Charlie Crist is "maneuvering with the governor's mansion in mind," which is the first time we've seen reporting that the former governor might actually be considering a bid. The only other hint we've seen from Crist came in November, when he ran some unusual post-election ads thanking voters for re-electing him. That prompted observers to wonder if he was laying some early groundwork for another statewide bid, a possibility that he appeared not to rule out.

Crist won the governorship in 2006 as a Republican but waged an unsuccessful bid for the Senate in 2010 (during which he left the GOP to become an independent) rather than seek re-election. Crist became a Democrat two years later, and, after falling just short in a gubernatorial comeback bid in 2014, won the St. Petersburg-area 13th Congressional District in 2016.

IL-Gov: Wealthy businessman and Trump megadonor Gary Rabine, the founder of a paving company, is "expected" to launch a bid for governor next month, according to Politico. It's not clear just how much Rabine is worth, but a 2016 report described his business operations as "a $210 million dollar conglomerate of 11 companies," so if he still owns a large chunk of that enterprise, it's likely he could at least partly self-fund a campaign.

MD-Gov: Ashwani Jain, a 31-year-old former Obama administration official and son of Indian immigrants, just became the second Democrat to enter next year's primary for governor, joining state Comptroller Peter Franchot. In 2018, Jain ran for an at-large seat on the Montgomery County Council and finished eighth in a 33-candidate field (the top four vote-getters won seats). Maryland Matters described the showing as "relatively strong" and said Jain "impress[ed] political professionals" during his bid.

OH-Gov, OH-Sen: Cincinnati Mayor John Cranley says he'll report raising $350,000 in the second half of 2020 and has $500,000 on-hand ahead of a likely gubernatorial bid against Republican Gov. Mike DeWine next year. Cranley is the only Democrat who's filed paperwork so far, and while he hasn't announced a campaign, he says he's "extremely serious about running." He also just ruled out a run for Ohio's newly open Senate seat.

House

MD-01: Former Del. Heather Mizeur formally announced a challenge to Republican Rep. Andy Harris on Thursday, a few weeks after saying she might do so in response to Harris' role in inciting the Jan. 6 assault on Congress. Maryland's 1st Congressional District, which voted for Donald Trump 59-39 in November, is safely red, but because Democrats control the redistricting process, they could adjust the lines to make it competitive.

MI-08: Real estate agent Mike Detmer has announced he'll once again seek the Republican nomination to take on Democratic Rep. Elissa Slotkin in Michigan's 8th Congressional District. Detmer lost last year's primary to former ICE official Paul Junge just 35-29 despite raising almost no money. He did, however, gain attention for a Facebook post defending the far-right white supremacist group the Proud Boys.

NM-01: Democratic state Rep. Patricia Roybal Caballero, who filed paperwork the other day, officially joined the likely special election for New Mexico's 1st Congressional District on Wednesday.

WA-04: Republican state Rep. Brad Klippert has launched a challenge to Rep. Dan Newhouse, one of the 10 House Republicans who voted to impeach Donald Trump, though in a lengthy statement announcing his bid, he didn't actually use the word "impeachment" once.