Morning Digest: GOP gerrymanders Ohio’s legislature again, but reform could be on the way

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

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Leading Off

OH Redistricting: In a dismaying turn of events on Tuesday, both Democratic members of Ohio's bipartisan redistricting commission sided with their five Republican counterparts to approve new legislative gerrymanders that would likely lock in the GOP's three-fifths supermajorities just like the maps they were replacing. Despite winning just 53-45 statewide in 2020, Donald Trump would have carried a 24-9 majority of state Senate districts and a 63-36 majority of state House districts according to Dave's Redistricting App.

New maps were required for 2024 because the state Supreme Court had struck down the GOP's five prior sets of maps in 2022 for violating an Ohio constitutional amendment banning partisan gerrymandering. However, that flawed amendment didn't let the court draw its own maps after striking down illegal districts, so the GOP successfully ran out the clock for 2022 and was able to use a set of the unconstitutional maps last year thanks to a ruling by federal judges appointed by Donald Trump.

The state Supreme Court had held that the proportion of districts favoring each party must reflect the 54-46 advantage that Republicans had in statewide elections over the previous decade, but it's unlikely that the court will reject this sixth set of maps for benefiting Republicans well beyond that range. That's because those 2022 rulings saw Republican Chief Justice Maureen O'Connor side with the court's three Democrats to reject the gerrymanders, but age limits required O'Connor to retire last year, enabling hard-line Republicans to solidify a 4-3 GOP majority in November's elections.

Due to the state court's rightward lurch, new Republican gerrymanders for 2024 were practically guaranteed. State Senate Minority Leader Nickie Antonio and state House Minority Leader Allison Russo, who are the commission's two Democratic members, defended their "yes" votes by claiming the GOP would have passed even worse gerrymanders if they hadn't compromised, and that they still viewed the end results as unfair.

However, the GOP's draft proposals from last week were not drastically worse for Democrats than the maps Antonio and Russo approved, and it appeared that the compromise maps sacrificed partisan fairness for protecting Democratic incumbents. By providing them with bipartisan support, the Democratic commissioners likely ensured that the maps would remain valid for the rest of this decade, since maps passed on a party-line basis would only be valid for four years. Furthermore, this bogus bipartisanship could undermine the support for passing real redistricting reform in the future.

Ohio found itself in this situation because of two amendments that the Republican-dominated legislature put on the ballot and were subsequently approved by voters last decade. While these amendments purported to ban partisan gerrymandering and marginally improved upon the status quo, we noted at the time that they were fundamentally flawed and appeared designed to thwart efforts to pass truly fair reforms at the ballot box, like those passed by Michigan voters in 2018. The repeated rounds of unconstitutional maps following the 2020 census made these flaws readily apparent.

While Ohio will again be stuck with GOP gerrymanders in 2024, there is a potential way forward for voters. O'Connor, the former chief justice, is leading an effort with other good-government advocates to use a ballot initiative for November 2024 that would establish an independent redistricting commission to draw new legislative and congressional maps beginning with the 2026 elections, an initiative we previously explored in detail here.

Unlike previous flawed reforms, this proposal would strip elected officials of their control over the process, handing it to a citizens' commission, and set clearer standards for partisan fairness. Supporters are in the process of getting GOP officials to sign off on their ballot summary and the validity of their proposal before they can begin gathering voter signatures to get onto the November 2024 ballot.

The Downballot

The Virginia House flipped to Democrats in 2019 and back to Republicans in 2021. Can Democrats win the three seats they need to regain control of the chamber? Blue Virginia's Lowell Feld joins us to run through the key races in both the Virginia Senate and House and how Democrats can win both chambers this November. We also look to 2024 and discuss some key announcements in competitive Virginia Congressional races.

Host David Beard and guest host Joe Sudbay also cover the huge news out of New Jersey, where Sen. Bob Menendez has been indicted (again) and this time most state and national Democrats are not standing by him. We also discuss the long-awaited entrance of hedge fund CEO Dave McCormick into the Pennsylvania Senate race for Republicans; the Supreme Court rejecting Alabama's long shot attempt to prevent a new Congressional map; and the gerrymandered state legislative maps Ohioans will be using for at least one cycle.

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

Senate

CA-Sen: The Public Policy Institute of California's new survey shows Democratic Reps. Adam Schiff and Katie Porter advancing out of the March top-two primary, which is the same outcome that UC Berkeley found in its most recent poll. PPIC shows Schiff in first with 20% as Porter edges out a third Democratic representative, Barbara Lee, 15-8.

MI-Sen: Businessman Perry Johnson, who has failed to qualify for either GOP presidential debate despite spending millions of his own money, tells NBC he may run for the Senate after all. Johnson, whose primary bid for governor ended last year after he fell victim to a fraudulent petition signature scandal, insists, "I've only had, what, somewhere between 100 to 150 calls [to be] running for Senate."

NJ-Sen: Rep. Donald Norcross didn't rule out a Democratic primary challenge to indicted incumbent Bob Menendez on Tuesday, telling the New Jersey Globe, "There are a number of things that are taking place right now in the state of New Jersey that are of great concern to everyone. We'll take it one day at a time." Norcross is the brother of George Norcross, a longtime party power player who has watched his influence diminish in recent years.

The Star-Ledger's Tom Moran also writes that former Rep. Tom Malinowski is considering, though there's no word from him. Malinowski lost a tight 2022 reelection contest against Republican Tom Kean Jr., and the Democrat announced earlier this year that he wouldn't try to regain his old seat.

UT-Sen: Utah state House Speaker Brad Wilson on Wednesday launched his long-anticipated campaign for the Senate seat held by his fellow Republican, retiring incumbent Mitt Romney, and he entered the primary as the frontrunner. However, he got a reminder that the nomination battle remains unsettled hours before his kickoff when Rep. John Curtis told the Deseret News he was “very seriously” considering joining the race.

Wilson's exploratory committee finished June with $2.1 million in the bank thanks to a combination of fundraising and self-funding, and it remains to be seen if any of his intra-party foes will have the resources to put up a serious fight. However, as we've noted before, Wilson may not be quite right-wing enough to satisfy his party's base who would prefer someone in the mold of the Beehive State's other senator, Mike Lee. Political scientist Damon Cann told the Associated Press, "I think most people are expecting Brad Wilson would govern somewhat more conservatively. I think he would be toward the political center from where Mike Lee’s at but I think he would be more conservative than Mitt Romney has been."

Wilson made sure to emphasize his hardline credentials ahead of his launch: His campaign rolled out endorsements in August from fellow legislators that featured testimonials calling him a "conservative champion" and someone who worked to "advance pro-life legislation." (Altogether, three-quarters of House Republicans and two-thirds of the Senate caucus backed him.) However, while Wilson has indeed helped pass anti-abortion legislation, the AP also noted that he helped stop the legislature from formally rebuking none other than Romney in 2020 for his vote to convict Donald Trump during his first impeachment trial.

Wilson joins a contest that includes two mayors, Riverton's Trent Staggs and Roosevelt's Rod Bird. Staggs launched his campaign in late May but raised little during his first month, while Bird pledged to self-fund $1 million when he entered the race last week. Conservative activist Carolyn Phippen is also talking about running, and Curtis and other Republicans could end up campaigning to represent this dark red state.

House

AL-02: John Sharp of AL.com takes a look at the many Democrats who could run for the 2nd District now that the U.S. Supreme Court has paved the way for a lower court to adopt a new map that creates a second district where Black voters could elect their preferred candidate. The exact boundaries of the new 2nd are not yet known, though judges next month will consider three different maps that each link Montgomery and Mobile.

The four state legislators who tell Sharp they're thinking about getting in are state Sens. Vivian Figures and Merika Coleman and state Reps. Napoleon Bracy and Juandalynn Givan. Figures, who was the 2008 nominee against then-Sen. Jeff Sessions, hails from Mobile, while Bracy is from the nearby suburb of Prichard. Coleman and Givan both represent Birmingham, which would not be located in the 2nd under any of the trio of maps advanced by the court-appointed expert.

Sharp also mentions two Montgomery-based politicians, state Sen. Kirk Hatcher and Mayor Steven Reed, as possibilities, though neither of them commented for his article. Reed, though, didn't rule out a House bid in July during his reelection campaign, saying instead, "I don't know what I'm going to do. For one, I've got to win first." He did indeed win by a convincing 57-39 the next month.

Most Republicans are treating this seat like an automatic Democratic flip, but former state Sen. Dick Brewbaker argues that he could run and win it for his party. Brewbaker, who unlike all the aforementioned Democrats is white, predicts to Sharp that if the general election comes down to "straight-up racial polarization ... the Republicans can potentially hang onto the seat."

AL-07: Bobby Singleton, who serves as minority leader in the Alabama state Senate, announced Tuesday that he was forming an exploratory committee for a potential Democratic primary bid against Rep. Terri Sewell in the safely blue 7th District. A federal court will choose a new congressional map next month after blocking two consecutive maps enacted by GOP lawmakers for violating the Voting Rights Act, but there's little question that this will remain a majority-Black and heavily Democratic district covering parts of both the Black Belt and the Birmingham region.

Singleton, who was first elected in 2002 to represent part of the Black Belt in the legislature, argued to AL.com that Sewell hasn't done a good job serving his area. He instead argued that he could effectively represent the entire district, including Birmingham's Jefferson County. The congresswoman, who grew up in Selma in the Black Belt and resides in Birmingham, has not faced any serious primary opposition since she first won an open seat in 2010.

As one of multiple sets of plaintiffs in the litigation against the GOP's 2021 gerrymander, Singleton had tried to redraw the 7th District in a way that plenty of his fellow Democrats were unhappy with. The minority leader proposed a new map that split relatively few counties but didn't contain a single majority-Black seat: Instead African American residents would form a tiny 46.8-46.6 plurality in his 7th, while the other six seats would remain majority white.

Singleton's side would argue that the state was wrong to continue to divide Jefferson County's predominantly Black and white areas, claiming that the best solution was to unite the county in one district. After the courts blocked the GOP's 2023 map earlier this month, Singleton proposed another plan where all of Jefferson County and a small part of neighboring Shelby County would be based in the 6th, which is currently represented by GOP Rep. Gary Palmer, while Sewell's 7th would contain most of the Black Belt by adding all of the Montgomery area.

According to Dave's Redistricting App, Joe Biden would have carried both the 6th and the 7th under Singleton's latest plan. However, because several downballot Republicans over the past decade won or only narrowly lost the 6th, the GOP would have had a good chance to maintain control of six of the seven seats.

A different set of litigants known as the Milligan plaintiffs proposed a new map where Black voters would be a majority in two districts, but Singleton's side continued to promote their boundaries as the best solution. Several fellow Democrats were unconvinced, with state House Minority Leader Chris England reposting a thread from journalist Kareem Crayton declaring, "There are more problems with this case than I can discuss here." Sewell's team also filed a brief excoriating the proposed map.

A court-appointed expert tasked with assisting the judges proposed three maps on Monday for their consideration that largely mirrored the Milligan plaintiffs' proposal. The lower court will likely adopt one of them or something similar early next month.

While Singleton isn't getting the map he wants, he expressed interest Tuesday in taking on Sewell anyway. "I'm not running in the new district," he told Alabama Daily News Tuesday, "I'm running in Congresswoman Sewell's, that's what I want, I want the big fish." In a separate interview that day with AL.com, though, he acknowledged he hadn't actually decided, saying, "If the exploratory committee comes back with something positive, we'll be in it. If not, we wish [Sewell] good luck."

The state's filing deadline is set for Nov. 10 and, because Alabama's legislative seats are only up in midterm years, Singleton would not have to risk his current post if he sought a promotion.

MT-01: EMILY's List on Wednesday endorsed 2022 Democratic nominee Monica Tranel, who faces no serious intra-party opposition as she seeks a rematch against GOP Rep. Ryan Zinke.

NH-01: Hollie Noveletsky, who runs a steel fabricator business, has filed FEC paperwork for a potential bid against Democratic Rep. Chris Pappas. Noveletsky would join a GOP nomination contest that includes former Executive Councilor Russell Prescott, who took fourth place in the 2022 primary.

NJ-07: Former state Sen. Ray Lesniak said this week that he would not enter the Democratic primary to take on GOP Rep. Tom Kean Jr. The New Jersey Globe also reports that physician Tina Shah, who served in the Obama and Biden administrations, has decided not to run despite talking to party leaders about a potential bid; David Wildstein writes that one unnamed "party bigwig said at one point Shah said she was in, only to move back to the maybe list a week later."

TX-28: Jose Sanz, who previously served as district director for Democratic incumbent Henry Cuellar, announced Wednesday that he'd challenge his old boss as a Republican. Sanz is the first notable Republican to launch a bid against Cuellar, who has long been one of the most conservative members of the Democratic caucus, but it remains to be seen if the GOP will seriously target him. Joe Biden won this constituency, which includes Laredo and the eastern San Antonio suburbs, 53-46 two years before Cuellar turned back a well-funded Republican foe 57-43.

It's also unclear if the congressman will be in for another competitive primary challenge. Attorney Jessica Cisneros hasn't ruled out taking him on again after narrowly losing in 2020 and 2022, and there's still a while to go before the Dec. 11 filing deadline.

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Morning Digest: Eric Greitens, the GOP’s worst nightmare in Missouri, already has a major opponent

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

MO-Sen: Missouri Attorney General Eric Schmitt announced Wednesday that he would seek the Republican nomination for the state's open Senate seat, a decision that came two days after disgraced former Gov. Eric Greitens also entered the primary.

An unnamed source close to the attorney general told the Kansas City Star's Bryan Lowry that Greitens' kickoff had no impact on the timing of Schmitt's own launch. Lowry, though, notes that, by getting in early, Schmitt may be trying to establish himself as the main intra-party adversary for Greitens, whom national Republicans reportedly fear could endanger their hold over this seat should he win the nomination.

However, while Schmitt may be hoping that his entrance could deter other Republicans from running, a former Greitens adversary is also making it clear he's thinking about diving in. On Tuesday, wealthy businessman John Brunner posted a photo of himself with Kentucky Sen. Rand Paul captioned, "Does Rand Paul need another freedom fighter in the US Senate?" Brunner lost the 2012 primary for Missouri's other Senate seat to the infamous Todd Akin before he campaigned for governor in 2016. Greitens, though, defeated Brunner 35-25 after a truly ugly contest.

Campaign Action

Schmitt, for his part, was first elected statewide that year when he decisively won the race for state treasurer, a contest that coincided with Greitens' victory in the gubernatorial contest. However, while Greitens resigned in 2018 in the face of multiple scandals, including allegations that he'd sexually assaulted a woman he was having an affair with and blackmailed her into silence, Schmitt secured a more powerful post months later following that year's elections. That promotion came about when the state's new governor, Mike Parson, appointed Schmitt attorney general to succeed Josh Hawley, who had just been elected to the Senate

Schmitt before long used his new job to sue the government of China over its response to the pandemic, a move that got him plenty of press but unsurprisingly went nowhere after China refused to be served. (Chuck Hatfield, who served as chief of staff to Democrat Jay Nixon when he held that office, snarked, "You're suing the Chinese Communist party in Cape Girardeau, Missouri? What do they have a field office down there?") Schmitt also continued the state's lawsuit against the Affordable Care Act even after Missouri voters approved a referendum last August to expand Medicaid.

Schmitt had no trouble winning a full term last year, and he quickly became one of the main figures behind a lawsuit by multiple Republican attorneys general to overturn Joe Biden's victory. The U.S. Supreme Court quickly dismissed the attempt, but that hardly stopped Schmitt from using his Wednesday campaign appearance on Fox to brag, "I fought alongside President Trump in defending election integrity." At no point did Schmitt ever refer to Joe Biden as president.

P.S. One of Schmitt's allies in that suit was fellow Republican Derek Schmidt, the attorney general of neighboring Kansas. Schmidt is currently competing in the primary for governor of his state, so both Attorneys General Schmitt and Schmidt will be on the ballot around the same time next year. That could make for a confusing experience for TV viewers in media markets that cover both states, especially Kansas City, though Kansas will be the only one of those two states to host a gubernatorial race in 2022.

Senate

AL-Sen: Democratic Rep. Terri Sewell said Wednesday that she would remain in the House rather than run for the Senate in this very red state.

AZ-Sen: Extremist Rep. Andy Biggs recently told the Wall Street Journal that he would decide by the end of the month whether to seek the Republican nomination to take on Democratic incumbent Mark Kelly.

NC-Sen: State House Speaker Tim Moore has reportedly been considering seeking the Republican nomination for next year's Senate race, but he said this week that he planned on re-election to the legislature. That declaration seems unlikely to silence chatter about Moore's 2022 plans, though, as it came in the midst of a strange story that only led to more questions about whether the speaker would be sticking around state government.

The News & Observer reports that Tom Fetzer, a powerful lobbyist who previously served as mayor of Raleigh and as state GOP chair, sent out a text over the weekend for, in his words, "putting together a fundraiser" to benefit House Majority Leader John Bell. Fetzer tried to entice would-be attendees by writing, "As Tim Moore has stated he is not seeking another term in the House, John is the odds on favorite to be Speaker in 2023."

State law, though, forbids lobbyists from hosting fundraisers or soliciting contributions while the legislature is in session, as it is scheduled to be through July. Bell said that Fetzer wasn't involved with the event, which has since been canceled, and that he hadn't heard that Moore planned to leave the legislature. "It's way too early for me to be talking about that," said Bell about his boss' future.

The paper writes that Moore, for his part, "texted an N&O reporter Tuesday to say he plans to seek a fifth term, which would be a record." However, while Fetzer says he wasn't actually involved in holding that ill-fated fundraiser ("I dictated the text into my phone and just sent," he said), the lobbyist insisted that he'd made no mistake when he said Moore was on his way out. "I do think the speaker has informed people that he does not intend to seek another term," Fetzer said, adding, "I don't know that that's a real surprise."

The story did not mention the Senate race, but N&O reporter Brian Murphy tweeted it out saying, "Lots of news in this story, but one takeaway that will lead to lots of speculation: Is NC House Speaker Moore planning a run for U.S. House or U.S. Senate?" This is the first we've heard of the possibility that Moore, who is in place to play a major role during the upcoming round of redistricting, could run for the House.

NV-Sen: The National Journal's Madelaine Pisani takes a look at Nevada's surprisingly quiet Senate race, where no major Republicans have publicly expressed interest yet in taking on Democratic incumbent Catherine Cortez Masto, and she mentions a few possible contenders for Team Red

Pisani name-drops former Lt. Gov. Mark Hutchison, Clark County Sheriff Joe Lombardo, and state Sen. Ben Kieckhefer, though she adds that "none have made public indications they are preparing bids." Ex-Attorney General Adam Laxalt, who was the party's 2018 gubernatorial nominee, reportedly has been eyeing this contest, though he's said nothing about his deliberations.

Governors

CA-Gov: Probolsky Research, a firm that has worked for Republicans in the past but says it has no client in this year's recall campaign, has released a poll that finds likely voters saying they'd vote against ousting Democratic Gov. Gavin Newsom by a 53-35 margin.

The recall has not yet been officially scheduled, much less declared, though, which makes it especially tricky to determine who is likely to turn out. Probolsky asks the same question among all voters and also finds a plurality opposed to recalling Newsom, but by a much-smaller 46-40 spread.

Meanwhile, Politico reports that billionaire Tom Steyer, an environmentalist who unsuccessfully ran for president in 2020, recently commissioned a poll of his own testing his prospects in a hypothetical race to succeed Newsom. A spokesperson for Steyer only said to check back in "late April," which is around the time that county clerks have to validate signatures for the recall petition. However, an unnamed source close to Steyer said he'd be "very, very surprised if he is looking at the recall ballot."

IL-Gov: Chicago Now writes that wealthy businessman Gary Rabine will announce "next Tuesday" that he'll seek the Republican nomination to take on Democratic Gov. J.B. Pritzker.

MI-Gov: Craig Mauger of the Detroit News reports that officials from the Republican Governors Association have met with three possible candidates in next year's race to take on Democratic Gov. Gretchen Whitmer: 2020 Senate nominee John James, conservative radio host Tudor Dixon, and businessman Kevin Rinke. Of this trio, Dixon has said she's looking at the race, while Rinke has very much not ruled it out; James, meanwhile, has been quiet about his intentions.

We'll start with James, who is the best known of the trio. James ran in 2018 against Democratic Sen. Debbie Stabenow and lost 52-46 while Whitmer was beating Republican Attorney General Bill Schuette 53-44. That showing impressed national Republicans, who recruited James to take on Michigan's other Democratic senator, Gary Peters: After a very expensive contest, Peters won 50-48 as Joe Biden was carrying the state by a slightly-larger 51-48 spread

James has spent the last several weeks attacking Whitmer in media appearances, but he hasn't said if he's thinking about challenging her. Mauger writes that some Republicans would prefer he run for the House after redistricting because they believe it would be easier than a third statewide campaign, and that James' 2022 "decision could still be months away."

Dixon was much more forthright, saying, "Michigan needs to mount a comeback with a new governor, and that might just be me." Mauger says that she recently spoke at a protest against the arrest of a restaurant owner who had defied Whitmer's COVID-19 restrictions and a court-order.

Finally, there's businessman Kevin Rinke, who also argued Tuesday that the state needed a new governor. "Who the candidate will be?" Rinke asked, before answering, "To be determined." Mauger writes that the family has owned car dealerships in the Detroit area, which gives them a recognizable name in this large section of the state.

Mauger also mentions Schuette, former Rep. Mike Bishop, and former state House Speaker Tom Leonard as possible contenders. Leonard, he writes, is "expected" to instead seek a rematch with Democratic Attorney General Dana Nessel, who beat him 49-46 in 2018, though Mauger says he is still "viewed as a potential gubernatorial candidate."

NE-Gov: Republican Sen. Deb Fischer confirmed Wednesday that she was considering running in next year's open seat race for governor, though she said she was "in no hurry" to decide. That could be very unwelcome news for other Republicans looking at this race, as Fischer would be a very prominent contender who could deter others from running.

NY-Gov: Democrat Charles Lavine, who chairs the New York Assembly's Judiciary Committee, said on Tuesday that he expects the committee's impeachment investigation into Gov. Andrew Cuomo will take "months, rather than weeks." Two women who have accused Cuomo of sexual harassment, Ana Liss and Lindsey Boylan, have said they won't participate in the investigation, citing both its slow pace and criticisms about its independence. A third, Charlotte Bennett, has said she will take part, but her attorney said "questions remain" about the probe.

House

GA-10: The Atlanta Journal-Constitution reports that businessman Ames Barnett, the former mayor of the small community of Washington (pop. 4,000) is considering seeking the Republican nomination to succeed incumbent Jody Hice and "hopes to make a decision within the next week."

NJ-02: Hector Tavarez, a former member of the Egg Harbor Township Board of Education, said this week that he'd seek the Democratic nod to take on Republican Rep. Jeff Van Drew. Tavarez joins civil rights attorney Tim Alexander in the primary for this South Jersey seat.

The New Jersey Globe notes that Tavarez, who is also a retired police captain, has a more conservative pitch than most Democrats. Tavarez notably said in his kickoff, "Welfare and other social programs were designed to assist American families in need for a short period of time while they got themselves up on their feet. Over the years, these programs have evolved into a way of life, generation after generation."

NY-23: Several Republicans are showing at least some interest in running to succeed retiring Rep. Tom Reed, though many acknowledged that they'd want to wait and see what the new congressional map looks like. New York, as we've noted before, is likely to lose at least one House seat, and Reed's departure could make it easier for map makers to eliminate this upstate constituency.

Former state Sen. Cathy Young told WIVB reporter Chris Horvatits that she was thinking about it, while Assemblyman Joe Giglio said it was something he "might consider." In a separate interview with the Olean Times Herald, Giglio said he'd be interested if the 23rd District "still existed" after the remap.

State Sen. George Borrello, who was elected to succeed Young in a 2019 special election, also told Horvatits he wasn't ruling it out. Chautauqua County Executive P.J. Wendel also said he was focused on his re-election bid and didn't appear to directly address a congressional bid. Assemblyman Andy Goodell, though, said he wouldn't be running himself.

On the Democratic side, 2020 state Senate candidate Leslie Danks-Burke said she was open to a House race. Meanwhile, Tracy Mitrano, who lost to Reed in 2018 and 2020, said she wouldn't wage a third congressional campaign.

Legislative

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

VA-SD-38: Republican Travis Hackworth defeated Democrat Laurie Buchwald 76-24 to hold this seat for his party. Hackworth's win was similar to Donald Trump's 75-22 victory here in 2016.

This chamber is now at full strength, with Democrats maintaining their narrow 21-19 majority.

Mayors

New York City, NY Mayor: Core Decision Analytics has released its second poll of the instant-runoff Democratic primary for Fontas Advisors, a lobbying group that is not working for any candidates, and it shows 2020 presidential candidate Andrew Yang leading Brooklyn Borough President Eric Adams 16-10.

The firm has changed one important part of its methodology since its February survey, which had Yang beating Adams 28-17. The earlier poll included a brief description of each candidate while this one just lists their names, which helps explain why the proportion of undecideds skyrocketed from 19% to 50%.

Yang's campaign, meanwhile, has released another poll from Slingshot Strategies that shows him outpacing Adams 25-15, with City Comptroller Scott Stringer at 12%. This survey, which the pollster tells us was in the field March 12-18, is very similar to its January survey finding Yang up 25-17.

The crowded primary field also got a little smaller Wednesday when City Councilman Carlos Menchaca exited the contest.

Morning Digest: What if the GOP held a convention but no one remembered to rent the parking lot?

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

VA-Gov: On Tuesday, the Virginia Republican Central Committee held another contentious meeting during which its members voted to nominate their 2021 candidates for statewide office at a May 8 convention in the parking lot of Liberty University … but they seem to have failed to tell their would-be hosts. The evangelical school put out a statement the following day saying it had yet to agree to hold the event at all and that GOP leaders had not even informed it about the date of the gathering.

The institution instead said that it had notified GOP leaders that it would "consider" hosting the event, "provided that full rental cost for the use was paid." That could be a real concern, since the state party had all of $1,514 in the bank at the end of 2020. (Democrats, who will pick their nominees in a traditional June primary―an event that will be paid for by the state and open to any eligible voter―were flush.) It's too late for Republicans to reverse themselves, though, because Tuesday was the deadline for parties to notify Virginia election authorities that they'd like to hold a primary.

Old Dominion Republicans were already dealing with serious agita even before Liberty raised a stink on Wednesday, since many prominent officials were very unhappy that a small group of delegates would choose the party's nominees for governor, lieutenant governor, and attorney general.

Campaign Action

Earlier this week, in fact, the GOP's last three governors―Bob McDonnell, Jim Gilmore, and George Allen―unsuccessfully tried to persuade party leaders to instead hold a "firehouse primary." Under such an arrangement, the party would have set up a single polling place in each county—vastly fewer than the number of voting locations in a regular primary, but more than the single statewide site that the GOP settled on. A firehouse primary also would have allowed all voters to participate.

Instead, officials announced that party-approved delegates would gather on May 8 in the parking lot of Liberty University, the school that was led by Jerry Falwell Jr. until he resigned in disgrace in August. Because of the pandemic, the delegates will fill out a ranked-choice ballot from their cars―if Liberty actually lets them camp out there, that is.

Even before Liberty's statement, GOP leaders admitted that they hadn't figured out all the logistics for this year's convention yet, with the Virginia Mercury's Ned Oliver writing, "There were also questions about whether spreading convention delegates out through multiple parking garages and surface lots across a college campus would meet the party's definition of an assembled convention."

Other Republicans also worried that the event will exclude anyone who can't make it to Lynchburg, a city that has lovely views of the Blue Ridge Mountains but is far from most of Virginia's major population centers. Another Mercury reporter, Graham Moomaw, tweeted that one official asked if delegates from Tangier Island, a small and heavily Republican community in the Chesapeake Bay that isn't connected to the rest of the state by land, were "supposed to float to Lynchburg for this big convention."

Roanoke Times reporter Amy Friedenberger responded, "The James River will get them there. Might have to leave a week or so early." However, if party leaders can't reach a deal with Liberty, they may not need to put on their swim trunks after all.

Senate

AL-Sen: Democratic Rep. Terri Sewell told The 19th News this week that she'd decide "very soon" whether she would run for Alabama's open U.S. Senate seat.

IA-Sen: Apparently, Chuck Grassley is just going to mess with us for as long as he feels like. The seven-term Republican said on Wednesday that he'd make a decision about whether to seek re-election "sometime in September, October or November," even though earlier this month he said an announcement was "several weeks off," which followed a January statement that he'd make up his mind in "several months," which in turn superseded remarks from last year in which a reporter said he'd decide "eight months to a year before the 2022 election."

GA-Sen: With David Perdue now safely out of the way, a variety of Republicans are popping their heads up to express interest in challenging Democratic Sen. Raphael Warnock next year. In addition to the two big names already on the list, former Sen. Kelly Loeffler and former Rep. Doug Collins, the Atlanta Journal-Constitution's Greg Bluestein catalogs a whole host of alternatives:

  • Lt. Gov. Geoff Duncan: A close Loeffler ally and former minor-league pitcher for the Florida Marlins, Duncan said he might run for Senate, seek re-election to his current job, or simply retire from politics altogether
  • Attorney General Chris Carr: Bluestein calls him a "mainstream conservative" and says he "hasn't ruled it out"
  • Agriculture Commissioner Gary Black: No word on his interest, but he's a longtime Collins supporter so likely wouldn't run if Collins does
  • Attorney Randy Evans: A former ambassador to Luxembourg under Trump who is reportedly considering
  • Businessman Kelvin King: Hasn't commented but is "one of Trump's most prominent Black supporters in Georgia"
  • Justice Harold Melton: Stepping down as chief justice of the Georgia Supreme Court on July 1, but Bluestein says "he's not likely to run" and a backer says "he's had no serious conversations" about the race
  • Former NFL star Herschel Walker: A favorite of pundits, there's no indication that the one-time University of Georgia standout has any desire to run for office—and he lives in Texas

PA-Sen: A spokesperson for former Ambassador to Denmark Carla Sands confirmed to The Hill this week that Sands is indeed considering seeking the Republican nomination for this open Senate seat. Sands, whom Politico described as "a former socialite, B-list movie star and chiropractor," was a major Trump donor who managed to draw the wrong type of attention both during and after her time as ambassador.

In 2019, Sands banned a NATO expert named Stanley Sloan from an event celebrating the alliance's 70th anniversary for what Sloan characterized as his "critical evaluation of Trump's impact on transatlantic relations." This month, the Office of Special Counsel also concluded that Sands had broken federal law for using her official Twitter account to solicit donations for Trump's 2020 campaign, spread racist conspiracy theories about Kamala Harris' eligibility to serve as vice president, and attack Joe Biden.

Governors

FL-Gov: The Orlando Sentinel reports that state Sen. Randolph Bracy is considering seeking the Democratic nomination to take on Republican Gov. Ron DeSantis in 2022. Bracy, who would be the Sunshine State's first Black governor, has used his time in the legislature to champion criminal justice reforms that have mostly failed to advance in the GOP-dominated body. Bracy was also in the news in early 2017 when he expressed interest in a primary challenge against then-Sen. Bill Nelson, though he didn't end up going for it.

MA-Gov: Democrats have speculated for years that Attorney General Maura Healey could run for governor in 2022 whether or not Republican Gov. Charlie Baker seeks re-election, and the talk only intensified this week after Healey made a pair of high-profile visits to vaccination sites. Healey, unsurprisingly, has denied that these stops were, in the words of the conservative Boston Herald, a "precursor to a potential gubernatorial bid," but she doesn't appear to have publicly addressed if she's thinking about running for the state's top job.

Healey, like Baker, is eligible to seek a third term next year, and there's little question she'd win re-election. If she instead ran for governor, though, Healey would almost certainly start the primary as the most-high profile contender in the race: Healey won re-election in 2018 by a 70-30 margin, and she has nearly $3 million on-hand in her state account. Healey would be both the first woman elected to lead Massachusetts (Republican Jane Swift ascended to this office in 2001 but never sought election in her own right), as well as the Bay State's first LGBTQ governor.

MD-Gov: Nonprofit head Wes Moore, an Army veteran who served in Afghanistan, told Maryland Matters this week that he was considering seeking the Democratic nomination to succeed termed-out Republican Gov. Larry Hogan. Moore, who would be the state's first Black governor, did not give a timeline for when he'd decide, though Maryland Matters' Josh Kurtz writes that he's told it would likely be in "mid-to late spring."

Moore is also a nonfiction author whose work includes Five Daysa well-received 2020 book about the 2015 "uprising that overtook Baltimore after the police killing of Freddie Gray." Moore himself has not run for office before, though Kurtz notes that his wife served as a top aide to then-Lt. Gov. Anthony Brown.

A number of other Democrats are considering entering the race including Brown, who lost the 2014 contest to Hogan but was elected to the U.S. House two years later. For now, though, the only two announced candidates are Comptroller Peter Franchot, who recently received an endorsement from the Laborers' International Union of North America, and former Obama administration official Ashwani Jain.

NY-Gov: This week, Republican Rep. Lee Zeldin confirmed that he was considering a bid for governor.

House

CT-02: Republican state Rep. Mike France announced Tuesday that he would take on Democratic Rep. Joe Courtney. France is Courtney's most prominent opponent since 2006, when the Democrat first won his seat by ousting Republican Rep. Rob Simmons by 83 votes, but he'll still have a very tough time prevailing in an area that almost always favors Democrats: While this eastern Connecticut seat backed Hillary Clinton only 49-46, it returned to form last year and supported Joe Biden 54-44.

France, whom the CT Post's Emilie Munson notes was one of only eight lawmakers to vote no on a 2017 law to ban gay conversion "therapy," also doesn't seem at all interested in moderating himself. He opposed a 2019 bill that would have removed the state's religious exemption to mandatory immunizations for public school students―legislation that, unfortunately and ironically, failed to advance after the coronavirus pandemic overshadowed everything else.

France used the crisis to try to further undermine public health by challenging Democratic Gov. Ned Lamont's emergency powers in court, arguing the state wasn't facing a "major disaster." A judge dismissed France's lawsuit a few months later.

IL-16: Former Trump administration official Catalina Lauf announced Tuesday that she would challenge Rep. Adam Kinzinger, who infuriated conservatives nationwide by voting to impeach Donald Trump, for the Republican nomination. This seat, which is based in north-central Illinois, supported Trump 57-41 last year, but no one knows what this turf will look like after redistricting.

Lauf campaigned against Democratic Rep. Lauren Underwood last year in the neighboring 14th District, but Lauf's bid came to an end after she took a close third place in the crowded primary. The self-proclaimed "anti-AOC" remained popular with national Republicans, though, and Lauf appeared in a convention video months later with her sister and proclaimed, "We come from Spanish descent and we're millennial women and that's not what the media wants."

TX-06: Republican activist Susan Wright announced Wednesday that she would compete in the May 1 all-party primary to succeed her late husband, Rep. Ron Wright. Susan Wright served as a district director for two state representatives, and she also holds a post on the State Republican Executive Committee.

Wright is the first notable Republican to enter the race ahead of the March 3 filing deadline, but she's likely to have company. State Rep. Jake Ellzey, who lost the 2018 open seat runoff to Ron Wright, filed paperwork with the FEC this week.

Katrina Pierson, who was a prominent spokesperson for Trump in 2016 and 2020 and has spent the last few months spreading conspiracy theories about Joe Biden's win, also said over the weekend that she was thinking about running. Before she entered Trump's orbit, Pierson ran in the 2014 primary against incumbent Pete Sessions in the 32nd District, another seat in the Dallas-Fort Worth area, and lost 64-36. (Sessions now represents a third seat, the 17th District.)

The Dallas Morning News' Gromer Jeffers also mentions state Rep. Tony Tinderholt as a possible Republican candidate as well as Dan Rodimer, who was Team Red's 2020 nominee for Nevada's 3rd District. This is the very first we've heard of Rodimer, whose active Twitter account continues to list his location as Las Vegas, campaigning in another state.

On the Democratic side, 2020 nominee Stephen Daniel said Tuesday that he would not run. Jeffers, meanwhile, mentions former Homeland Security official Patrick Moses, who works as a minister, as a potential candidate.

WA-03: Three Republicans recently announced campaigns against Rep. Jaime Herrera Beutler, who is one of the 10 House Republicans who voted to impeach Donald Trump in January, though it remains to be seen if any of them are capable of running a serious campaign. The field consists of Navy veteran Wadi Yakhour, who worked on the Trump campaign; evangelical author Heidi St. John; and Army veteran Joe Kent.

Legislatures

Special Elections: Here's a recap of Tuesday's special runoff election in Texas.

TX-HD-68: Republican David Spiller defeated fellow party member Craig Carter 63-37 to win this North Texas seat. Spiller's victory puts this chamber at full strength for the current legislative session, with Republicans in control 83-67.

Other Races

SD-AG: A bipartisan group of lawmakers in the South Dakota legislature have advanced articles of impeachment against Republican Attorney General Jason Ravnsborg after he was charged with three misdemeanors following a deadly car crash in which he struck and killed a man walking on the side of a highway last September.

Republican Gov. Kristi Noem has also called on Ravnsborg to resign and amped up the pressure on Tuesday by releasing two videos of interviews law enforcement officials conducted with him. In one, an investigator questioned Ravnsborg's claim that he was unaware he'd hit a person—he said he thought he'd run into a deer—by noting that the state Highway Patrol had found the victim's glasses inside Ravnsborg's vehicle. "His face was in your windshield, Jason. Think about that," said one detective.

A spokesperson for Ravnsborg has said the attorney general will not resign. A simple majority in the state House would be necessary to impeach him, and two-thirds of the state Senate would have to vote to convict him in order to remove him from office. In the event of a vacancy, Noem would name a replacement.

Grab Bag

Where Are They Now?: On Tuesday, federal Judge Marcia Cooke ordered former Rep. David Rivera, a Florida Republican who has been accused of being part of a mind-boggling number of scandals, to pay a $456,000 fine to the FEC for illegally funneling $76,000 to prop up a straw candidate named Justin Lamar Sternad in the 2012 Democratic primary. Sternad and Rivera consultant Ana Alliegro were previously convicted for their role in the scheme, but the Miami Herald notes that this is the first time the ex-congressman has been penalized for this matter.

Cooke wrote, "Perhaps by virtue of the Court barring Rivera from engaging in similar unlawful conduct in the future, 'that will do the trick' in convincing Rivera — a former U.S. Congressman — to stop violating the law." Rivera is currently under FBI investigation as part of an unrelated scandal involving Venezuela's socialist government.