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

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

Leading Off

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

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

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

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

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

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

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

Election Changes

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

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

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

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

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

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

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

Senate

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

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

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

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

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

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

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

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

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

Gubernatorial

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

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

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

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

House

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

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

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

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

Mayoral

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

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

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

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

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

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

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

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

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

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

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

Morning Digest: Justin Amash’s presidential bid opens up potentially competitive Michigan House seat

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

MI-03: On Tuesday evening, Republican-turned-independent Rep. Justin Amash announced that he was forming an exploratory committee to run for president as a member of the Libertarian Party. Michigan doesn't allow candidates to run for president and for Congress at the same time, and Amash soon confirmed that he was giving up his seat in the Grand Rapids area. Amash, who left the GOP last year, also said that he'd be informing the House clerk that he's now a Libertarian, which would give the party its first-ever member of Congress.

The Libertarian Party is scheduled to award its presidential nomination in late May, so Amash will soon know if he'll be its standard bearer. However, he does have a backup option if delegates reject him: While Michigan's filing deadline for major party candidates is May 8, everyone else has until July 16 to turn in their paperwork.

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For now, though, we have an open seat race in an area that's been friendly to the GOP for a long time. Gerald Ford himself represented Grand Rapids for decades, and the current 3rd District went from 53-46 Romney to 52-42 Trump. However, Democrats may still have an opening if 2020 turns out to be a favorable year. 2018 GOP gubernatorial nominee Bill Schuette took the seat by a very slim 48.6-48.2 margin while he was losing statewide 53-44, while GOP Senate nominee John James carried the district by a modest 51-47 that same year while he was going down 52-46.

Several candidates were already running against Amash, and while the deadline to run in the August primary isn't until next month, it's unlikely the field will expand. Congressional candidates need to turn in 1,200 valid signatures to make the ballot this year, and social distancing makes that task especially difficult. The main GOP candidates are Army veteran and wealthy businessman Peter Meijer and state Rep. Lynn Afendoulis, while attorney Hillary Scholten has the Democratic side to herself.

Amash's decision to leave Congress will mark the end of a 10-year career defined by fights with GOP leaders. Amash first ran for the House in 2010 as a first-term state representative who had already established a reputation for libertarian principles: Notably, Amash was the only state lawmaker to oppose 59 different bills, and he posted explanations for each negative vote on his Facebook page. Amash was one of several Republicans to campaign to succeed retiring Rep. Vern Ehlers, and he earned the support of the anti-tax Club for Growth and local conservative powerplayers Dick and Betsy DeVos. Amash won the primary 40-26, and he had no trouble in November.

Amash brought to D.C. his habit of voting no on any bills that didn't pass his personal purity test, as well as a reputation for being difficult to work with. In late 2012, Amash was one of three GOP House members who were removed from their committees for, as one unnamed member put it, being "the most egregious a—holes" in the caucus. Amash refused to vote for John Boehner in the following year's speakership election, and he opposed him again two years later. Amash had more success with the GOP's emerging tea party wing, though, and he was one of the founding members of the nihilist House Freedom Caucus.

Amash's establishment enemies backed wealthy businessman Brian Ellis in the 2014 primary in what turned into an expensive and nasty race. Ellis attempted to portray Amash as weak on abortion issues and even labeled Amash, who is of Palestinian and Syrian descent, as "Al Qaeda's best friend in Congress," while the Club for Growth spent heavily to defend the incumbent. Amash won 57-43, though, and he was never again seriously threatened.

Amash's final break with the GOP came from his frustration with Donald Trump. Amash was the rare Republican who never fell into line with the administration, and he openly started musing about a third-party or independent presidential bid in March of last year.

Two months later, Amash took to social media and wrote that, after reading the Mueller Report he believed that Trump "has engaged in impeachable conduct." That attracted a typically belligerent response from Trump, and a number of candidates soon entered the GOP primary against Amash as his old allies almost all abandoned him. Amash announced on July 4 that he was leaving the GOP to become an independent, and he voted to impeach Trump at the end of last year.

Election Changes

Please bookmark our statewide 2020 primary calendar and our calendar of key downballot races, both of which we're updating continually as changes are finalized.

California: The Board of Supervisors in Los Angeles County, which is the largest county in the nation, has voted to mail a ballot to every voter for the November general election. The county is home to more than 10 million people and has more than 5.5 million registered voters. While voting by mail is very popular in California, it's been less so in Los Angeles: 45% of L.A. voters cast ballots by mail in 2018, compared to 72% in the rest of the state.

New York: Former presidential candidate Andrew Yang has sued the New York State Board of Elections, asking that New York's June 23 Democratic primary for president be reinstated. Earlier this week, the board canceled the presidential primary (but downballot primaries remain scheduled that day).

Rhode Island: Democratic Secretary of State Nellie Gorbea says every voter will be sent an absentee ballot application for Rhode Island's June 2 presidential primary. The effort does not appear to apply to the state's downballot primaries, which will not take place until Sept. 8.

South Carolina: Republican Gov. Henry McMaster has postponed a number of local elections that were set to take place on May 5 and May 12. New dates have not yet been set.

Texas: A group of Texas voters, supported by the National Redistricting Foundation, have filed a lawsuit in federal court alleging that the state's practice of allowing all voters 65 or older to cast absentee ballots without an excuse while requiring an excuse for anyone younger violates the Constitution. Specifically, the suit charges that the law in question violates the 26th Amendment, which guarantees that the right to vote "shall not be denied or abridged by the United States or by any State on account of age." Six other conservative states have similar provisions in place, all but one of which is also located in the South.

Two other cases on the issue of Texas' excuse requirement are still pending. In one, filed in state court, a judge ruled that all voters can cite the ongoing coronavirus pandemic to request an absentee ballot, though Republicans have said they will appeal. A second similar case in federal court awaits a ruling.

Separately, commissioners in Harris County have allocated $12 million in new election funds, which would allow the county to mail ballots to every voter for the November general election. Harris is home to Houston and is the largest county in the state, with more than 2.3 million registered voters.

Senate

CO-Sen: On Tuesday, Denver District Court Judge Christopher Baumann ruled against placing climate activist Diana Bray in on the June Democratic primary ballot. Bray had only turned in just over 2,700 of the necessary 10,500 signatures, and Baumann argued that she had not demonstrated a "significant modicum of support" from the state's voters.

KS-Sen: Rep. Roger Marshall's allies at Keep Kansas Great PAC recently ran a spot against former Kansas Secretary of State Kris Kobach ahead of the August GOP primary, and Advertising Analytics reports that the size of the buy was at least $35,000.

NC-Sen, NC-Gov: SurveyUSA is out with a poll for WRAL-TV that has some good news for Team Blue. Democrat Cal Cunningham posts a small 41-39 lead over GOP Sen. Thom Tillis, while Democratic Gov. Roy Cooper leads Republican Dan Forest by a massive 57-30. This sample also shows Joe Biden leading Donald Trump 50-45.

April polls have consistently shown Cooper, who has received strong marks for his handling of the coronavirus pandemic, leading Forest by double digits, but there's less agreement on the state of the Senate race. The conservative Civitas Institute released numbers two weeks ago from the GOP firm Harper Polling that showed Tillis ahead 38-34, while the Democratic firm Public Policy Polling found Cunningham ahead 47-40 around that same time.

Senate: On Tuesday, the DSCC announced its first wave of TV and digital ad reservations for the fall. The Democratic group's initial bookings consists of $30.6 million in four GOP-held Senate seats:

Arizona (Martha McSally): $6.4 Million Iowa (Joni Ernst): $7.3 Million Montana (Steve Daines): $5.2 Million North Carolina (Thom Tillis): $11.7 Million

The DSCC's reservations come weeks after its allies at Senate Majority PAC, as well as the GOP organizations NRSC and Senate Leadership Fund, made their own first wave of bookings.

All four groups made their largest reservations in North Carolina, a race that could very well decide control of the U.S. Senate in 2020. What's more surprising, though, is that all four organizations also booked millions for Iowa, which has long looked like a reach target for Democrats. The state swung hard to the right in 2014 and 2016, and while Democrats did considerably better last cycle, GOP Gov. Kim Reynolds still won a close contest for a full term.

We haven't seen a single poll of the Senate race since December, so we don't have a good sense for how vulnerable incumbent Joni Ernst is. However, this quartet of well-funded groups is at least acting like this race is very much in play.

House

CA-25: Democrat Christy Smith is out with what Politico describes as her "closing TV spot" ahead of the May 12 special election. The narrator goes after Donald Trump's handling of the coronavirus crisis and argues that Republican Mike Garcia "attacks anyone who doesn't agree with Trump." The commercial then shows a clip of Garcia saying that "everyone should have to figure out how to fend for themselves." The rest of the spot praises Smith's work during the pandemic.

GA-09: State Rep. Matt Gurtler picked up an endorsement this week from the radical anti-tax Club for Growth ahead of the crowded June GOP primary for this safely red seat. Gurtler has spent his two terms in the legislature fighting with party leaders, which makes him an ideal candidate for the Club.

IA-04: State Sen. Randy Feenstra is out with a poll from American Viewpoint that shows him trailing white supremacist Rep. Steve King by a modest 41-34 in the June 2 GOP primary; another 8% opt for another candidate. While Feenstra is down, the memo says that this is a big shift in his favor from late January, when a previously-unreleased poll found King up 53-22. We haven't seen any other surveys of the contest for this rural western Iowa seat all year.

Feenstra is using his huge financial edge over King to air a spot contrasting the two candidates. The narrator declares, "Steve King couldn't protect our farmers, and couldn't defend President Trump from impeachment." He continues, "King lost his congressional committees, can't do his job, can't protect us." The rest of the commercial praises Feenstra as an effective and pro-Trump conservative.  

Election Result Recaps

MD-07: The almost all-mail general election for the final months of the late Rep. Elijah Cummings' term took place on Tuesday, and former Democratic Rep. Kweisi Mfume won 73-27 in a seat that Hillary Clinton carried 76-20. Mfume represented a previous version of this Baltimore-based seat from 1987 until he resigned in 1996 to lead the NAACP. However, former Rep. Rick Nolan still holds the record for the longest gap in congressional service: The Minnesota Democrat retired in 1981 and returned 32 years later in 2013.

Mfume does have one more contest in his near future, but it doesn't look very competitive. The primary for the full two-year term is on June 2, and Mfume faces former state party chair Maya Rockeymoore Cummings, who is Elijah Cummings' widow, state Sen. Jill Carter, and Del. Jay Jalisi. This group faced off in the February special election primary, which ended with Mfume decisively defeating Rockeymoore Cummings 43-17; Carter and Jalisi took 16% and 2%, respectively.

P.S. In a tweet encouraging people to vote on Tuesday, Rockeymoore Cummings wrote, "A lot of people have asked me if you can write my name in. The answer is yes." Only about 1% of voters ended up writing in another candidate's name, though, and it's not clear how many of them selected Rockeymoore Cummings.

Ohio: After an abrupt cancellation, Ohio's primaries, originally scheduled for March 17, took place on Tuesday. The election took place almost entirely by mail, and only voters with disabilities or those who lacked a home address were allowed to vote in person. Ballots will still be accepted through May 8 as long as they were postmarked by Monday, so the margin may shift in some races.

OH-01: Former healthcare executive Kate Schroder defeated retired Air Force pilot Nikki Foster by a decisive 68-32 margin in the Democratic primary to face GOP Rep. Steve Chabot. This seat in the Cincinnati area was heavily gerrymandered to keep Chabot from losing again after he had lost re-election in a bluer previous version of this district in 2008 (Chabot returned two years later). However, Donald Trump only carried the current 1st District by a modest 51-45 margin, and Chabot himself won an expensive re-election campaign 51-47 in 2018.

Chabot's campaign was also thrown into turmoil last summer when the FEC sent a letter asking why the congressman's first-quarter fundraising report was belatedly amended to show $124,000 in receipts that hadn't previously been accounted for. From there, a bizarre series of events unfolded.

First, Chabot's longtime consultant, Jamie Schwartz, allegedly disappeared after he shuttered his firm, called the Fountain Square Group. Then Schwartz's father, Jim Schwartz, told reporters that despite appearing as Chabot's treasurer on his FEC filings for many years, he had in fact never served in that capacity. Chabot's team was certainly bewildered, because it issued a statement saying, "As far as the campaign was aware, James Schwartz, Sr. has been the treasurer since 2011." Evidently there's a whole lot the campaign wasn't aware of.

The elder Schwartz also claimed of his son, "I couldn't tell you where he's at" because "he's doing a lot of running around right now." Well, apparently, he'd run right into the arms of the feds. In December, local news station Fox19 reported that Jamie Schwartz had turned himself in to the U.S. Attorney's office, which, Fox19 said, has been investigating the matter "for a while."

Adding to the weirdness, it turned out that Chabot had paid Schwartz's now-defunct consultancy $57,000 in July and August for "unknown" purposes. Yes, that's literally the word Chabot's third-quarter FEC report used to describe payments to the Fountain Square Group no fewer than five times. (Remember how we were saying the campaign seems to miss quite a bit?)

We still don't know what those payments were for, or what the deal was with the original $124,000 in mystery money that triggered this whole saga. Chabot himself has refused to offer any details, insisting only that he's been the victim of an unspecified "financial crime." There haven't been any public developments since December, but until there's a resolution, this story always has the potential to resurface at exactly the wrong time for Chabot.

OH-03: Democratic Rep. Joyce Beatty won renomination in this safely blue Columbus seat by defeating Morgan Harper, a former Consumer Financial Protection Bureau adviser, 68-32.

Harper, who is 36 and a first-time candidate, had contrasted herself against Beatty, who is 69 and has held elected office for two decades, by calling for generational change. However, while Harper raised a credible amount of money, she was always at a big disadvantage against the well-funded incumbent. Beatty also had considerably more cash left to use than Harper when the race was unexpectedly extended, and the incumbent kept up her spending advantage over the final weeks.

OH State House, Where Are They Now?: Former GOP Rep. Jean Schmidt, who lost renomination in a 2012 upset against now-Rep. Brad Wenstrup, looks to be on-track to return to her old stomping grounds in the Ohio state House.

Schmidt ended Tuesday evening with a 44-42 lead―a margin of 287 votes―in the GOP primary for House District 65, which is based in Clermont County to the east of Cincinnati. There are close to 3,000 absentee ballots left to tally countywide (HD-65 makes up just over 60% of the county), so it may be a little while before we have a resolution. This seat backed Donald Trump 66-29, so the GOP nominee should have little trouble in November.

U.S. is ‘not a banana republic,’ Trump official says, but his boss is determined to show that it is

Donald Trump isn’t stopping at getting Attorney General William Barr to reduce the Justice Department’s sentencing request for Trump buddy Roger Stone. He’s sending more messages to more parts of the government about how to show personal loyalty to Donald Trump rather than loyalty to the rule of law. Trump claimed to reporters that whether to discipline Lt. Col. Alexander Vindman is “going to be up to the military.” But then he kept talking. “But if you look at what happened,” he said, “I mean they’re going to, certainly, I would imagine, take a look at that.” And “that” is Vindman testifying to the House, under subpoena.

“We’re not a banana republic where lieutenant colonels get together and decide what the policy is,” said national security adviser Robert O’Brien, justifying the firing of Vindman and his brother Yevgeny, who did not testify in the impeachment inquiry. No, we’re a banana republic where someone can be fired for testifying under subpoena to a duly elected House of Representatives working within its constitutional authority, by a president who came into office despite more people voting for his opponent and felt freed to persecute people who testified against him—along with their family members—because he was acquitted by 52 senators who represent fewer people than the 48 senators voting for his conviction.

The Vindman brothers did not try to “get together and decide what the policy is.” One of them testified before Congress, under subpoena. That’s it. But while some Senate Republicans are very concerned about the firing of Gordon Sondland from the post as ambassador to the European Union that he bought with $1 million in inauguration contributions, their concern is partly because he might be smeared by the association of having been fired on the same day as Vindman. 

“I agreed with the decision on Vindman,” Sen. Thom Tillis said. “I just felt like having the two have some distance would have been appropriate.” Heaven forbid a major Republican donor should be treated in a similar way to some immigrant Army officer with subject matter expertise rather than millions of dollars.

Trump’s escalating war with the imaginary deep state has also led to him withdrawing one nomination to an administration post and planning to withdraw another because he decided that the people he’d previously nominated had been unacceptably disloyal, with one questioning his illegal hold on Ukraine aid as he tried to coerce Ukraine into investigating his political opponents and another being involved in prosecuting Trump associates like Stone and Paul Manafort.

And even beyond the things they think are fine and dandy, like firing Vindman, Senate Republicans (minus Mitt Romney) are complicit in every single thing Trump does. They signed off on his abuse of power to cheat in this year’s elections, and in so doing sent him the message that they will protect him no matter what.

The Constitution of the United States, and the nation’s future as a democracy, have a Donald Trump problem. But they equally have a Republican Party problem.

Can you give $1 to help Democrats win each of these critical races and retake the Senate?

Trump and Barr ramp up their abuses of power—and Senate Republicans are responsible for all of it

This is what a liberated post-acquittal Donald Trump looks like: not chastened, as some of the more dishonest Senate Republicans said they hoped he would be, but ever more brazen in his corruption and his destruction of democratic institutions. Tuesday was a nightmare for justice in the United States of America, with three top prosecutors either stepping down from the case or resigning entirely as Attorney General William Barr obeyed a Trump tweet and intervened in the sentencing recommendations for Trump buddy Roger Stone.

That came after the news that Barr is working with Rudy Giuliani to dig up and launder dirt on Trump’s political opponents, and after the firing of Lt. Col. Alexander Vindman and his brother from their White House jobs because he testified at the impeachment inquiry. Trump and Barr are committing the abuses, but every single Republican senator other than Mitt Romney gave them permission. Said “Go right ahead, we won’t do a thing about it.”

Every day that goes by and every new abuse that Trump commits shows why it's so important to retake the Senate. Please dig deep to defeat vulnerable Republicans in 2020.

I’m talking about Susan Collins, up for reelection in Maine. Cory Gardner, up for reelection in Colorado. Joni Ernst, in Iowa. Thom Tillis, in North Carolina. Kelly Loeffler, who will be facing Georgia voters for the first time after being appointed to replace former Sen. Johnny Isakson. David Perdue, also in Georgia, meaning there are two Senate seats at stake in one state. Martha McSally, who lost a Senate election in Arizona in 2018 and was appointed to a Senate seat anyway—she needs to lose for a second time in a row. 

Every single one of these people voted to let Trump continue his lawlessness. They voted that way when any halfway sensible person knew that he would take the vote as permission to do more and worse. These senators intended to give him that permission—and do more and worse he has. He has been publicly vindictive against Vindman for daring to testify to what Trump did on Ukraine. His attorney general is systematically perverting the administration of justice to cater to Trump’s personal desires, to protect his friends and persecute his opponents, making a mockery of the Justice Department's mission statement to “ensure fair and impartial administration of justice for all Americans.” 

Every Republican senator but Mitt Romney voted to tell Trump that he is above the law. In 2020, voters can make some of them pay for that. Give now to send the opposite message—that no one is above the law—by defeating these Republicans in 2020.

Who’s to blame for the firing of impeachment hero Alex Vindman? Every senator who acquitted Trump

On Friday, Donald Trump dismissed Lt. Col. Alex Vindman from the National Security Council, months before his tenure was set to expire. Trump sacked Vindman, a Purple Heart recipient and the White House’s top expert on Ukraine, for his courageous testimony during impeachment proceedings in November, when he told Congress he’d reported his concerns about Trump’s now-notorious July 25 phone call with Ukrainian President Volodymyr Zelensky.

But who’s truly to blame for this naked act of thuggish retaliation? All 52 Republican senators who voted to acquit Trump for his abuses of power and desperate attempts to cover them up. Most especially, that includes the vulnerable Republicans who are up for re-election this November:

Susan Collins in Maine Joni Ernst in Iowa Cory Gardner in Colorado Kelly Loeffler in Georgia Martha McSally in Arizona David Perdue in Georgia Thom Tillis in North Carolina

Collins is particularly egregious: On Friday morning, before the Vindman news broke, she told reporters, “I obviously am not in favor of any kind of retribution against anyone who came forward with evidence.” What’s transpired since was not only predictable, it had in fact been predicted. Collins and her brethren knew what would happen as a consequence of vindicating Trump. They simply didn’t care.

We, however, do. Every time Trump does something awful from this day forward, we know whom to hold responsible. And we can ensure that his enablers go down to defeat this fall.

Please donate $1 to unseat each of the Republicans who acquitted the most corrupt president in American history.

Morning Digest: Dems need four seats to flip Michigan’s House. Our new data shows the top targets

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

Gov-by-LD, Senate-by-LD: Republicans have controlled the Michigan House of Representatives since the 2010 GOP wave despite Democrats winning more votes in three of the last four elections, but Daily Kos Elections' new data for the 2018 elections shows that Democrats have a narrow path to win the four seats they need to flip the chamber this fall.

Democrat Gretchen Whitmer defeated Republican Bill Schuette 53-44 to become governor and carried 56 of the 110 seats in the lower house—exactly the number that her party needs to take a bare majority. You can see these results visualized for the House in the map at the top of this post (with a larger version available here).

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However, because Republicans heavily gerrymandered the map to benefit themselves, the Democrats’ presidential nominee will need to decisively defeat Donald Trump in the Wolverine State to give their party a chance. Democratic Sen. Debbie Stabenow’s successful re-election campaign illustrates this hurdle: Even though she beat Republican John James 52-46 statewide, she only took 54 House districts.

The entire state House is up for re-election every two years, and members can serve a maximum of three terms, making Michigan's term limits among the most restrictive in the country. Democrats made big gains in the House last cycle and reduced the GOP majority from 63-47 to 58-52.

Most importantly, four members of the GOP caucus sit in seats that backed Whitmer, making those the four ripest targets for Democrats. At the same time, no Democratic incumbents hold seats won by Schuette. However, three of these GOP-held Whitmer seats also supported Donald Trump when he narrowly carried the state two years before, so sweeping them all be a difficult task.

Team Blue’s best pickup opportunity in the state looks like HD-61 in the Kalamazoo area, which supported Whitmer by a wide 54-43 margin and backed Stabenow by a 53-45 spread. The seat also went for Hillary Clinton 49-45, making it the one GOP-held district in the entire chamber that didn’t back Trump. Republican incumbent Brandt Iden won his third term 51-49 in 2018, but term limits prevent him from running again this year.

Two other Republican seats, both located in Oakland County in the Detroit suburbs, also went for both Whitmer and Stabenow, though Trump carried them both. HD-39 backed Trump 50-46, but it supported Whitmer 53-45 and Stabenow 51-47. Republican Ryan Berman was elected to his first term by a wide 54-42, but that election took place under unusual circumstances: The Democratic candidate, Jennifer Suidan, was charged with embezzlement during the race and was sentenced to five years’ probation after the election.

Nearby is HD-38, which went for Trump 49-46 before supporting Whitmer and Stabenow 52-46 and 51-48. This seat is held by GOP state Rep. Kathy Crawford, who won her third and last term by a narrow 49-48 in 2018.

The fourth and final GOP-held Whitmer seat is HD-45, which is also located in Oakland County, but it supported her just 49.2-48.8, by a margin of 181 votes. Trump took the seat by a wider 51-44 margin, while James defeated Stabenow here 50-49. Republican incumbent Michael Webber won 55-45, but, like Iden and Crawford, he’s termed-out this year.

Democrats have a few potential targets if they fail to take all four of those seats, but they aren’t great. Another five House districts backed Schuette by a margin of less than 2%, but Trump took them all by double digits in 2016. Democrats also will need to play defense in the 10 seats they hold that voted for Trump (though two years later they all went for Whitmer). All of this means that, while Democrats do have a path to the majority, they’ll need essentially everything to go right this fall.

As for the state Senate, it’s only up in midterm years, so the GOP’s 22-16 majority is safe there for almost another three years, barring an unlikely avalanche of special elections. The good news for Democrats, though, is that 2022’s races for the legislature (and Congress) will be held under very different maps than the GOP gerrymanders in force now.

That’s because in 2018, voters approved the creation of an independent redistricting commission to draw the new lines in place of the state legislature. These new maps could give Democrats a better chance to win (or hold) the House as well as the Senate, where the GOP has been in control since it successfully recalled two Democratic legislators in early 1984.

P.S. You can find our master list of statewide election results by congressional and legislative district here, which we'll be updating as we add new states; you can also find all our data from 2018 and past cycles here.

4Q Fundraising

The deadline to file fundraising numbers for federal campaigns is Jan. 31. We'll have our House and Senate fundraising charts available next week.

NC-Sen: Thom Tillis (R-inc): $1.9 million raised, $5.3 million cash-on-hand

VA-Sen: Mark Warner (D-inc): $1.5 million raised, $7.4 million cash-on-hand

AZ-06: Karl Gentles (D): $104,000 raised, $80,000 cash-on-hand

CA-25: Christy Smith (D): $845,000 raised, $592,000 cash-on-hand

FL-27: Maria Elvira Salazar (R): $315,000 raised, additional $50,000 self-funded, $717,000 cash-on-hand

IL-17: Cheri Bustos (D-inc): $531,000 raised, $3 million cash-on-hand

MN-08: Pete Stauber (R-inc): $347,000 raised, $722,000 cash-on-hand

NC-02: Deborah Ross (D): $301,000 raised, $262,000 cash-on-hand

NH-02: Annie Kuster (D-inc): $452,000 raised, $2 million cash-on-hand

NJ-05: Josh Gottheimer (D-inc): $918,000 raised, $7.12 million cash-on-hand

TX-22: Pierce Bush (R): $660,000 raised (in three weeks)

Senate

AL-Sen: The extremist Club for Growth is going back on the air ahead of the March primary with a TV spot they first aired in November against Rep. Bradley Byrne, an establishment-aligned Republican whom they've long hated. The commercial takes aim at Byrne for supporting the Export-Import Bank, which is another favorite Club target.

GA-Sen-B: Pastor Raphael Warnock announced Thursday that he would run against appointed GOP Sen. Kelly Loeffler in November’s all-party primary, giving Democrats their first high-profile candidate in Georgia’s special election for the Senate.

Warnock quickly earned an endorsement from 2018 gubernatorial nominee Stacey Abrams, who was Team Blue’s top choice until she took her name out of the running last year. The Atlanta Journal-Constitution wrote earlier this month that national Democrats, as well as Abrams, wanted Warnock to challenge Loeffler, though the DSCC has not formally taken sides.

Warnock, who would be Georgia’s first black senator, is the senior pastor of the famous Ebenezer Baptist Church in Atlanta, where Martin Luther King Jr. once held the pulpit. Warnock has never run for office before, but he’s been involved in politics as the chair of the New Georgia Project, a group founded by Abrams with the goal of registering people of color to vote. Warnock has also used his position to call for expanding Medicaid and reforming Georgia’s criminal justice system.

Warnock joins businessman Matt Lieberman on the Democratic side, and another local politician says he’s also likely to run for Team Blue. Former U.S. Attorney Ed Tarver said Thursday that Warnock’s entry hadn’t changed his own plans to run, adding that he plans to kick off his campaign in the next few weeks.

GOP Rep. Doug Collins also entered the race against Loeffler this week, but legislative leaders quickly dealt him a setback. On Thursday, state House Speaker David Ralston, despite being a Collins ally, announced that a bill that would do away with the all-party primary in favor of a traditional partisan primary would be unlikely to apply to this year’s special election. The legislation cleared the Governmental Affairs Committee earlier this week but was returned to the committee for revisions. Republican Gov. Brian Kemp has threatened to veto any measure that would change the rules of this year’s special Senate race.

As we’ve noted before, both Democrats and Collins would almost certainly benefit from the proposed rule change, but it looks like the status quo will persist this year. However, Collins is arguing that he’d still have the advantage in a November all-party primary, though the data he released isn’t especially persuasive. Collins released a poll this week from McLaughlin & Associates showing Lieberman in front with 42% while Collins leads Loeffler 32-11 for the second spot in a likely January runoff.

McLaughlin is a firm that’s infamous even in GOP circles for its poor track record, but this survey is also rather stale. The poll was conducted in mid-December, when Loeffler had just been appointed to the Senate and had little name recognition. But the wealthy senator has since launched a $2.6 million ad campaign, and she’s reportedly pledged to spend $20 million to get her name out.

Lieberman was also the only Democrat mentioned in the poll, but Warnock’s Thursday announcement means he’s now no longer Team Blue’s only candidate, scrambling the picture further. And if Tarver does go ahead with his planned campaign, he could complicate matters even more by potentially splitting the vote on the left three ways and allowing Loeffler and Collins to advance to an all-GOP runoff.

Collins, meanwhile, hasn’t been on the receiving end of any negative ads yet, but that’s about to change. Politico reports that next week, the Club for Growth will start a five-week TV campaign targeting the congressman for a hefty $3 million.

IA-Sen: Businessman Eddie Mauro raised just $73,000 from donors during the fourth quarter of 2019, but the Democrat loaned himself an additional $1.5 million and ended December with $1.4 million in the bank. However, during that same quarter, Mauro repaid himself $850,000 that he'd previously loaned to his campaign. It's not clear why Mauro made this move.

The only other Democrat to release fundraising figures so far, real estate executive Theresa Greenfield, previously said she brought in $1.6 million in the final three months of last year and had $2.1 million on hand. Republican Sen. Joni Ernst said she raised $1.7 million and had $4.9 million left.

House

FL-27: This week, House Minority Leader Kevin McCarthy endorsed 2018 GOP nominee Maria Elvira Salazar's second bid for this Miami-area seat against freshman Democratic Rep. Donna Shalala. Salazar, who lost to Shalala 52-46 last cycle, doesn't face any serious opposition in the August GOP primary.

GA-09: State Rep. Kevin Tanner announced Thursday that he would seek the GOP nod to succeed Senate candidate Doug Collins in this safely red seat. Tanner was first elected to the legislature in 2012, and he serves as the chair of the influential Transportation Committee.

IN-05: Former state Sen. Mike Delph recently told Howey Politics that he would not seek the GOP nod for this open seat.

NY-15: This week, Assemblyman Michael Blake picked up endorsements in the June Democratic primary from SEIU 32BJ and 1199 SEIU, which represent building workers and healthcare workers, respectively. These groups make up two of the "big four" unions in New York City politics along with the Hotel Trades Council and the United Federation of Teachers. The Hotel Trades Council is supporting New York City Councilman Ritchie Torres, while the UFT does not appear to have taken sides yet in the crowded primary contest to succeed retiring Rep. Jose Serrano in this safely blue seat in The Bronx.

Last month, Blake also received the backing of District Council 37, which represents municipal workers.