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

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

Leading Off

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

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

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

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

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

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

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

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

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

The Downballot

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

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

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

3Q Fundraising

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

Senate

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

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

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

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

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

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

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

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

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

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

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

Polls:

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

Governors

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

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

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

Polls:

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

House

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

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

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

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

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

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

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

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

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

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

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

Attorneys General & Secretaries of State

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

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

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

Ad Roundup

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

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

Subscribe to The Downballot, our weekly podcast

Leading Off

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

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

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

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

Senate

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

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

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

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

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

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

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

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

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

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

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

Polls:

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

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

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

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

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

Governors

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

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

Polls:

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

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

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

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

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

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

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

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

House

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

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

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

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

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

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

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

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

Obituaries

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

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

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

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

Ad Roundup

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

Morning Digest: Termed-out Maryland governor dumps on new GOP nominee seeking to replace him

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

Leading Off

MD-Gov: Termed-out Gov. Larry Hogan on Wednesday responded to Trump-backed Del. Dan Cox's victory in the previous evening's Republican primary by tweeting that Trump has "selfishly colluded with national Democrats to cost us a Governor's seat in Maryland," a fatalistic take that came even though it remained unclear who Cox's Democratic foe would be. Hogan's spokesperson also confirmed that the outgoing incumbent would not cast a general election vote for the man he'd labeled a "conspiracy-theory-believing QAnon whack-job."

Cox was outpacing Hogan's candidate, former state cabinet official Kelly Schulz, 56-40 as of Wednesday; the state will not begin tabulating mail-in ballots until Thursday so this margin may shift, but the Associated Press called the contest for Cox on election night. The AP, however, has not yet made a projection in the Democratic primary, where former nonprofit head Wes Moore leads former DNC chair Tom Perez 37-27 with 358,000 votes counted—a margin of 35,000 ballots.

It's not clear exactly how many votes still remain to be counted. Maryland Matters writes that election officials had received 168,000 mail-in ballots from Democratic voters through Monday, while "[m]any additional mail ballots were likely returned on Tuesday." Moore, who is also a nonfiction author, himself held off on declaring victory in his election night speech, while Perez expressed optimism he'd do significantly better with the remaining votes. Moore would be the Old Line State's first Black governor, while Perez would be Maryland's first Latino chief executive.

Hogan pulled off a 2014 general election upset against then-Lt. Gov. Anthony Brown in this very blue state by arguing that Democrats badly ran and overtaxed Maryland, but Cox has made it clear he'll be a very different candidate. The new nominee played a role in the Jan. 6 insurrection at the Capitol by organizing a busload of people to attend the rally that preceded it, and he tweeted later in the day that Mike Pence was a "traitor" for recognizing Biden's win.

The delegate has continued to emphasize his fealty to the Big Lie since then. In April, Cox attended a QAnon-aligned conference in Pennsylvania where he delivered an address alleging he'd seen election fraud in that state and questioning Biden's heavy 65-32 win in Maryland. Afterwards, the candidate came back on stage for a prayer led by a self-proclaimed prophet who had just told the audience that "the real president" was "coming back." Cox has no love for Hogan either, and he introduced a hopeless impeachment resolution against him this year that accused the governor of "malfeasance in office."

National Democrats, eager to avoid a repeat of the 2014 debacle, took action to ensure that the far-right Cox, rather than Schulz, would be the GOP nominee. The Democratic Governors Association spent $2 million on an ad campaign that, while nominally attacking the delegate, tried to make him more appealing to conservatives by emphasizing his Trump connections; Cox, by contrast, deployed only about $20,000 on ads for himself. Schulz tried to warn primary voters that Cox was a "nut" and a "pathological liar" who would cost the party the governorship, but it wasn't enough to overcome Trump's pitch that Republicans "don't want Hogan's anointed successor."

Cox, for his part, responded to his win by making it clear he'd continue to run as a proud Trumpian in the fall in a state that, despite his conspiracy theories, Trump lost in a landslide. The new nominee repeatedly thanked Trump in his victory speech, and he said the next day, "The freedom movement is strong and the MAGA movement is here in Maryland."

The Downballot

Our guest on this week's episode of The Downballot is former Missouri state Sen. Jeff Smith, who spent a year in federal prison stemming from a campaign finance violation and devoted himself to criminal justice reform upon his release. Smith tells us about the grave problems his experience behind bars showed him are in desperate need of redress and why reformers have zero margin for error. He also dives into Missouri's midterm elections to explain why Eric Greitens—whom he's known since childhood—is such a dangerous candidate, and why he can win despite his staggering flaws.

Co-host David Beard recaps Maryland's primaries, some of which still haven't been called, and dissects the House vote recognizing same-sex marriage as a fundamental right, which saw a number of telling Republican votes both for and against. David Nir, meanwhile, examines the huge second-quarter fundraising gap that still favors Democrats despite the pro-GOP political environment and also looks at the first poll of a key abortion rights ballot measure in Kansas that will go before voters on Aug. 2.

Please subscribe to The Downballot on Apple Podcasts or wherever you listen to podcasts. You'll find a transcript of this week's episode right here by noon Eastern Time.

Senate

OH-Sen: Democrat Tim Ryan's new commercial declares that, while Republican J.D. Vance set up a nonprofit ostensibly to combat the state's opioid crisis, it "failed to fund a single addiction program." Instead, the narrator charges, the money went towards Vance's political advisor and toward polling.

Last year, Insider reported that, according to the group's first year of tax filings, Vance's group "spent more on 'management services' provided by its executive director — who also serves as Vance's top political advisor — than it did on programs to fight opioid abuse." Why only look at one year of filings, though? Insider explains, "The nonprofit raised so little in each of the last three years — less than $50,000 a year — that it wasn't even required by the IRS to disclose its activities and finances."

Governors

AK-Gov: The Alaska Beacon has collected the fundraising reports from the period from Feb. 2 to July 15 for all the leading candidates competing in the Aug. 19 top-four primary.

  • Gov. Mike Dunleavy (R-inc): $925,000 raised, $768,000 cash-on-hand
  • Former Gov. Bill Walker (I): $832,000 raised, $751,000 cash-on-hand
  • Former state Rep. Les Gara (D): $575,000 raised, $656,000 cash-on-hand
  • Kenai Peninsula Borough Mayor Charlie Pierce (R): $64,000 raised, $22,000 cash-on-hand
  • State Rep. Christopher Kurka (R): $12,000 raised, $3,000 cash-on-hand

The RGA previously donated another $3 million to aid Dunleavy, money the Beacon says has not yet been spent.

Unlike in past cycles, the candidates are allowed to accept unlimited donations. That's because a federal court last year struck down a 2006 ballot measure that capped donations at $500 a year, and the legislature adjourned this spring without adopting a new law.  

NV-Gov: Democratic Gov. Steve Sisolak outraised Republican Joe Lombardo $1.7 million to $822,000 during the second quarter, which ended two weeks after Lombardo won his primary. Sisolak finished June with a huge $10.7 million to $1.2 million cash-on-hand lead.

OR-Gov: Rep. Kurt Schrader announced Tuesday that he was endorsing independent Betsy Johnson for governor, a declaration that came about two months after the Blue Dog Democrat decisively lost renomination to Jamie McLeod-Skinner. 

House

AZ-04, WA-03: Winning For Women Action Fund, a Republican group funded in part by the Congressional Leadership Fund, is getting involved in two very different Aug. 2 contests.

The PAC has deployed $450,000 in Arizona's 4th District to support Republican Tanya Wheeless, a onetime aide to former Sen. Martha McSally, in her bid to take on Democratic Rep. Greg Stanton in a seat Biden would have taken 54-44. Wheeless faces an expensive intra-party battle against restaurant owner Kelly Cooper, a self-funder who ended June with a wide $1.2 million to $500,000 lead. CLF endorsed Wheeless back in April before it was clear that Cooper, a first-time candidate who only registered to vote as a Republican last year, would have the resources to run a serious campaign.

Over in the top-two primary for Washington's 3rd, meanwhile, Winning For Women is dropping $800,000 against Trump-endorsed Army veteran Joe Kent. The super PAC does not appear to have endorsed incumbent Jaime Herrera Beutler, who is one of the 10 House Republicans who voted to impeach Donald Trump.

WA-08: The Washington Observer reports that a new group called Lead The Way PAC is spending $250,000 to boost 2020 Republican nominee Jesse Jensen while attacking one of his intra-party rivals, King County Councilmember Reagan Dunn, ahead of next month's top-two primary to face Democratic Rep. Kim Schrier. The TV commercial declares that Dunn "voted to cut law enforcement by nearly $100 million" and touts Jensen's time as an Army Ranger.

The PAC's mailers go much further and sum up Dunn with the words, "DUI. Binge Drinking. Relapses. Empty Promises." The mail pieces also say, "The Dunn's marriage councilor also reported Dunn had acknowledged grabbing his wife by the shoulders and pushing her against a wall multiple times." The candidate was the subject of a detailed March profile in the Seattle Times about his struggles with alcoholism, including his relapse after swearing off drinking following a 2014 DUI. Dunn told the paper that he's been sober for over four years, and he produced regular lab reports to confirm he's stayed away from alcohol.

Ballot Measures

KS Ballot: With two weeks to go before the Aug. 2 vote, the Republican pollster co/efficient finds a small 47-43 plurality in support of the proposed constitutional amendment that would allow the GOP-dominated legislature to ban abortion in Kansas. This survey, which the firm says it paid for itself, is the first we've seen of what's become a closely watched and very expensive referendum campaign.

FiveThirtyEight, in its detailed look at the contest, lays out the messaging strategies both sides are using in this conservative state. Value Them Both, which is the group supporting the anti-abortion "yes" side, has highlighted how abortions have increased in Kansas since 2019, when the state Supreme Court ruled that the procedure is protected by the state constitution. (FiveThirtyEight notes that this is "due largely to Texas and Oklahoma residents who can no longer get abortions in their home states.")

The campaign has also tried to frame the vote as something other than a straight up question about whether to ban abortion. Instead, Value Them Both says a "yes" win would just let the legislature impose "common-sense abortion limits" like parental notification―something that is already state law. The group, though, has also seized on partisan talking points about "unelected liberal judges" and told voters that under the status quo, Kansas has abortion laws similar to blue states like California.

Kansans for Constitutional Freedom, which is the vehicle of the "no" side, has tried to appeal to conservatives in a different way. As we wrote earlier this month, the campaign recently ran a spot in the very red Wichita media market that didn't mention abortion at all; instead, it framed the ballot measure as "a strict government mandate designed to interfere with private medical decisions," a statement followed by images reminding viewers of pandemic face mask requirements and the cancellation of in-person religious services.

In the Democratic-leaning Kansas City media market, by contrast, one ad featured a mother describing how she needed an abortion in order to remain alive for her husband and three-year-old son, and that the ballot measure "could ban any abortion with no exceptions, even in cases like mine." Kansans for Constitutional Freedom has also aired commercials informing viewers that "abortion is highly regulated" already, but the amendment "could lead to a full ban of any abortion in Kansas, with no exceptions for rape, incest or a mother's life."

The "yes" side decisively outraised its opponents last year, but there's been a big shift since 2022 began. Kansans for Constitutional Freedom outpaced Value Them Both $6.5 million to $4.7 million from January 1 to July 18, and it enjoyed a smaller $5.8 million to $5.4 million spending advantage.

San Francisco, CA Ballot: The San Francisco Board of Supervisors voted Tuesday to place a referendum on the November ballot that would move the city's next set of local elections from 2023 to 2024 and keep them in presidential cycles going forward. Mayor London Breed, who would be up for re-election next year under the current law, has ardently opposed such a shift, arguing that "a group of democratic socialists" are seeking to "have more control and power of being able to get more of their people elected."

Election Recaps

Maryland: What follows is a look at where the state's major races stood as of Wednesday. The state will not begin to tabulate mail-in ballots until Thursday, so the margins may shift after all the votes are counted.

MD-04: Glenn Ivey, who is the former state's attorney for Prince George's County, beat former Rep. Donna Edwards 51-35 to win the Democratic nomination to succeed outgoing Rep. Anthony Brown in one of the bluest House districts in America.

The race was defined by a massive $6 million campaign by the hawkish pro-Israel group AIPAC―its largest investment in any contest to date―that argued Edwards did a poor job serving her constituents during her time in office from 2008 to 2017. (Edwards left to wage an unsuccessful campaign for the Senate, and Brown beat Ivey in the 2016 race to replace her.) J Street, a progressive pro-Israel organization that often finds itself at odds with AIPAC, responded with a considerably smaller $730,000 offensive portraying Ivey as a lobbyist for "big business," but it wasn't enough.

MD-06: Del. Neil Parrott earned his rematch against Democratic Rep. David Trone by defeating Matthew Foldi, a 25-year-old former writer for the conservative Washington Free Beacon, 64-15 in the Republican primary. Foldi sported endorsements from both Gov. Larry Hogan and House Minority Leader Kevin McCarthy, but Parrott's supporters castigated him as "a wealthy elitist" and a "kid."

Trone beat Parrott 59-39 last cycle as Biden was carrying the old version of the seat by a similar 61-38 spread, but this contest will be fought on very different turf. Parrott sued after Democrats passed another map to protect Trone, and his efforts were rewarded after a judge threw out those boundaries earlier this year. Legislative Democrats and Hogan agreed on new lines soon after that created a 6th based in western Maryland and the D.C. exurbs that Biden would have won only 54-44, and the incumbent quickly emerged as a major GOP target. The wealthy Trone has been preparing for a tough fight, though, and he recently loaned his campaign $10 million.

MD-AG: Rep. Anthony Brown beat former Judge Katie O'Malley 60-40 in the primary to succeed their fellow Democrat, retiring incumbent Brian Frosh, a win that puts him on course to become the state's first Black attorney general. Brown lost the 2014 race for governor to Republican Larry Hogan, but he should have no trouble in the fall against Republican nominee Michael Peroutka, a former board member of the neo-Confederate League of the South who prevailed 58-42.

Peroutka, among many other things, has called the separation of church and state a "great lie;" dismissed public education as "the 10th plank in the Communist Manifesto;" and insisted that abortion and same-sex marriage both defy "God's law." And while Peroutka left the League of the South before it helped organize the infamous 2017 neo-Nazi rally in Charlottesville, Virginia, he's still refused to denounce the group. The GOP last won the attorney general's office in 1918.

Baltimore, MD State's Attorney: Defense attorney Ivan Bates holds a 41-32 lead over incumbent Marilyn Mosby with 48,000 votes counted in the Democratic primary, but the AP has not called the race. Prosecutor Thiru Vignarajah, who sported a cross-party endorsement from GOP Gov. Larry Hogan, has the remaining 27%. The winner will have no trouble in the fall in this reliably blue city.

Mosby, who rose to national prominence in 2015 just months into her first term when she charged six police officers in the death of Freddie Gray, was indicted in January for allegedly filing false mortgage applications and lying to federal prosecutors. Bates lost to Mosby 49-28 in 2018, but this time, he benefited from heavy spending from a super PAC funded by 2020 mayoral candidate Mary Miller.

Baltimore County, MD State's Attorney: Attorney Robbie Leonard holds a tiny 51-49 edge against four-term incumbent Scott Shellenberger with 49,000 ballots tabulated in the Democratic primary, but it will likely take a while to determine the winner here. The eventual nominee will be favored in a county that supported Biden 62-35.

Shellenberger, whose jurisdiction includes many of Baltimore's suburbs (the city of Baltimore and Baltimore County have been separate jurisdictions since 1851), was on the receiving end of heavy spending by a super PAC affiliated with philanthropist George Soros. Leonard, for his part, positioned himself as a criminal justice reformer while also arguing that Shellenberger has done a poor job dealing with the local murder rate.

Montgomery County, MD Executive: Wealthy businessman David Blair has a 40-38 lead against incumbent Marc Elrich with 73,000 ballots counted in the Democratic primary to lead this populous and dark blue suburban D.C. community, but this is another contest that will likely take a while to settle. Four years ago, it was Elrich who beat Blair in a 77-vote cliffhanger.

Blair, who spent around $5 million on his second campaign, argued that Elrich had done a poor job making the county more affordable or dealing with crime; the challenger also benefited from $900,000 in spending by a super PAC funded in part by Facebook co-founder Dustin Moskovitz as well as developers and business groups. Bethesda Magazine writes that Elrich, whose "political base among civic and neighborhood groups often made him an outlier in three terms on the County Council on planning and development issues," has also clashed repeatedly with business groups.

The incumbent, for his part, focused on his work during the pandemic while also accusing Blair and County Council Member Hans Riemer, who is in third with 21%, of supporting policies that were "very Koch brothers [and] Reaganesque—like let the private sector solve everything."

Ad Roundup

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

Morning Digest: Termed-out Maryland governor dumps on new GOP nominee seeking to replace him

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

Leading Off

MD-Gov: Termed-out Gov. Larry Hogan on Wednesday responded to Trump-backed Del. Dan Cox's victory in the previous evening's Republican primary by tweeting that Trump has "selfishly colluded with national Democrats to cost us a Governor's seat in Maryland," a fatalistic take that came even though it remained unclear who Cox's Democratic foe would be. Hogan's spokesperson also confirmed that the outgoing incumbent would not cast a general election vote for the man he'd labeled a "conspiracy-theory-believing QAnon whack-job."

Cox was outpacing Hogan's candidate, former state cabinet official Kelly Schulz, 56-40 as of Wednesday; the state will not begin tabulating mail-in ballots until Thursday so this margin may shift, but the Associated Press called the contest for Cox on election night. The AP, however, has not yet made a projection in the Democratic primary, where former nonprofit head Wes Moore leads former DNC chair Tom Perez 37-27 with 358,000 votes counted—a margin of 35,000 ballots.

It's not clear exactly how many votes still remain to be counted. Maryland Matters writes that election officials had received 168,000 mail-in ballots from Democratic voters through Monday, while "[m]any additional mail ballots were likely returned on Tuesday." Moore, who is also a nonfiction author, himself held off on declaring victory in his election night speech, while Perez expressed optimism he'd do significantly better with the remaining votes. Moore would be the Old Line State's first Black governor, while Perez would be Maryland's first Latino chief executive.

Hogan pulled off a 2014 general election upset against then-Lt. Gov. Anthony Brown in this very blue state by arguing that Democrats badly ran and overtaxed Maryland, but Cox has made it clear he'll be a very different candidate. The new nominee played a role in the Jan. 6 insurrection at the Capitol by organizing a busload of people to attend the rally that preceded it, and he tweeted later in the day that Mike Pence was a "traitor" for recognizing Biden's win.

The delegate has continued to emphasize his fealty to the Big Lie since then. In April, Cox attended a QAnon-aligned conference in Pennsylvania where he delivered an address alleging he'd seen election fraud in that state and questioning Biden's heavy 65-32 win in Maryland. Afterwards, the candidate came back on stage for a prayer led by a self-proclaimed prophet who had just told the audience that "the real president" was "coming back." Cox has no love for Hogan either, and he introduced a hopeless impeachment resolution against him this year that accused the governor of "malfeasance in office."

National Democrats, eager to avoid a repeat of the 2014 debacle, took action to ensure that the far-right Cox, rather than Schulz, would be the GOP nominee. The Democratic Governors Association spent $2 million on an ad campaign that, while nominally attacking the delegate, tried to make him more appealing to conservatives by emphasizing his Trump connections; Cox, by contrast, deployed only about $20,000 on ads for himself. Schulz tried to warn primary voters that Cox was a "nut" and a "pathological liar" who would cost the party the governorship, but it wasn't enough to overcome Trump's pitch that Republicans "don't want Hogan's anointed successor."

Cox, for his part, responded to his win by making it clear he'd continue to run as a proud Trumpian in the fall in a state that, despite his conspiracy theories, Trump lost in a landslide. The new nominee repeatedly thanked Trump in his victory speech, and he said the next day, "The freedom movement is strong and the MAGA movement is here in Maryland."

The Downballot

Our guest on this week's episode of The Downballot is former Missouri state Sen. Jeff Smith, who spent a year in federal prison stemming from a campaign finance violation and devoted himself to criminal justice reform upon his release. Smith tells us about the grave problems his experience behind bars showed him are in desperate need of redress and why reformers have zero margin for error. He also dives into Missouri's midterm elections to explain why Eric Greitens—whom he's known since childhood—is such a dangerous candidate, and why he can win despite his staggering flaws.

Co-host David Beard recaps Maryland's primaries, some of which still haven't been called, and dissects the House vote recognizing same-sex marriage as a fundamental right, which saw a number of telling Republican votes both for and against. David Nir, meanwhile, examines the huge second-quarter fundraising gap that still favors Democrats despite the pro-GOP political environment and also looks at the first poll of a key abortion rights ballot measure in Kansas that will go before voters on Aug. 2.

Please subscribe to The Downballot on Apple Podcasts or wherever you listen to podcasts. You'll find a transcript of this week's episode right here by noon Eastern Time.

Senate

OH-Sen: Democrat Tim Ryan's new commercial declares that, while Republican J.D. Vance set up a nonprofit ostensibly to combat the state's opioid crisis, it "failed to fund a single addiction program." Instead, the narrator charges, the money went towards Vance's political advisor and toward polling.

Last year, Insider reported that, according to the group's first year of tax filings, Vance's group "spent more on 'management services' provided by its executive director — who also serves as Vance's top political advisor — than it did on programs to fight opioid abuse." Why only look at one year of filings, though? Insider explains, "The nonprofit raised so little in each of the last three years — less than $50,000 a year — that it wasn't even required by the IRS to disclose its activities and finances."

Governors

AK-Gov: The Alaska Beacon has collected the fundraising reports from the period from Feb. 2 to July 15 for all the leading candidates competing in the Aug. 19 top-four primary.

  • Gov. Mike Dunleavy (R-inc): $925,000 raised, $768,000 cash-on-hand
  • Former Gov. Bill Walker (I): $832,000 raised, $751,000 cash-on-hand
  • Former state Rep. Les Gara (D): $575,000 raised, $656,000 cash-on-hand
  • Kenai Peninsula Borough Mayor Charlie Pierce (R): $64,000 raised, $22,000 cash-on-hand
  • State Rep. Christopher Kurka (R): $12,000 raised, $3,000 cash-on-hand

The RGA previously donated another $3 million to aid Dunleavy, money the Beacon says has not yet been spent.

Unlike in past cycles, the candidates are allowed to accept unlimited donations. That's because a federal court last year struck down a 2006 ballot measure that capped donations at $500 a year, and the legislature adjourned this spring without adopting a new law.  

NV-Gov: Democratic Gov. Steve Sisolak outraised Republican Joe Lombardo $1.7 million to $822,000 during the second quarter, which ended two weeks after Lombardo won his primary. Sisolak finished June with a huge $10.7 million to $1.2 million cash-on-hand lead.

OR-Gov: Rep. Kurt Schrader announced Tuesday that he was endorsing independent Betsy Johnson for governor, a declaration that came about two months after the Blue Dog Democrat decisively lost renomination to Jamie McLeod-Skinner. 

House

AZ-04, WA-03: Winning For Women Action Fund, a Republican group funded in part by the Congressional Leadership Fund, is getting involved in two very different Aug. 2 contests.

The PAC has deployed $450,000 in Arizona's 4th District to support Republican Tanya Wheeless, a onetime aide to former Sen. Martha McSally, in her bid to take on Democratic Rep. Greg Stanton in a seat Biden would have taken 54-44. Wheeless faces an expensive intra-party battle against restaurant owner Kelly Cooper, a self-funder who ended June with a wide $1.2 million to $500,000 lead. CLF endorsed Wheeless back in April before it was clear that Cooper, a first-time candidate who only registered to vote as a Republican last year, would have the resources to run a serious campaign.

Over in the top-two primary for Washington's 3rd, meanwhile, Winning For Women is dropping $800,000 against Trump-endorsed Army veteran Joe Kent. The super PAC does not appear to have endorsed incumbent Jaime Herrera Beutler, who is one of the 10 House Republicans who voted to impeach Donald Trump.

WA-08: The Washington Observer reports that a new group called Lead The Way PAC is spending $250,000 to boost 2020 Republican nominee Jesse Jensen while attacking one of his intra-party rivals, King County Councilmember Reagan Dunn, ahead of next month's top-two primary to face Democratic Rep. Kim Schrier. The TV commercial declares that Dunn "voted to cut law enforcement by nearly $100 million" and touts Jensen's time as an Army Ranger.

The PAC's mailers go much further and sum up Dunn with the words, "DUI. Binge Drinking. Relapses. Empty Promises." The mail pieces also say, "The Dunn's marriage councilor also reported Dunn had acknowledged grabbing his wife by the shoulders and pushing her against a wall multiple times." The candidate was the subject of a detailed March profile in the Seattle Times about his struggles with alcoholism, including his relapse after swearing off drinking following a 2014 DUI. Dunn told the paper that he's been sober for over four years, and he produced regular lab reports to confirm he's stayed away from alcohol.

Ballot Measures

KS Ballot: With two weeks to go before the Aug. 2 vote, the Republican pollster co/efficient finds a small 47-43 plurality in support of the proposed constitutional amendment that would allow the GOP-dominated legislature to ban abortion in Kansas. This survey, which the firm says it paid for itself, is the first we've seen of what's become a closely watched and very expensive referendum campaign.

FiveThirtyEight, in its detailed look at the contest, lays out the messaging strategies both sides are using in this conservative state. Value Them Both, which is the group supporting the anti-abortion "yes" side, has highlighted how abortions have increased in Kansas since 2019, when the state Supreme Court ruled that the procedure is protected by the state constitution. (FiveThirtyEight notes that this is "due largely to Texas and Oklahoma residents who can no longer get abortions in their home states.")

The campaign has also tried to frame the vote as something other than a straight up question about whether to ban abortion. Instead, Value Them Both says a "yes" win would just let the legislature impose "common-sense abortion limits" like parental notification―something that is already state law. The group, though, has also seized on partisan talking points about "unelected liberal judges" and told voters that under the status quo, Kansas has abortion laws similar to blue states like California.

Kansans for Constitutional Freedom, which is the vehicle of the "no" side, has tried to appeal to conservatives in a different way. As we wrote earlier this month, the campaign recently ran a spot in the very red Wichita media market that didn't mention abortion at all; instead, it framed the ballot measure as "a strict government mandate designed to interfere with private medical decisions," a statement followed by images reminding viewers of pandemic face mask requirements and the cancellation of in-person religious services.

In the Democratic-leaning Kansas City media market, by contrast, one ad featured a mother describing how she needed an abortion in order to remain alive for her husband and three-year-old son, and that the ballot measure "could ban any abortion with no exceptions, even in cases like mine." Kansans for Constitutional Freedom has also aired commercials informing viewers that "abortion is highly regulated" already, but the amendment "could lead to a full ban of any abortion in Kansas, with no exceptions for rape, incest or a mother's life."

The "yes" side decisively outraised its opponents last year, but there's been a big shift since 2022 began. Kansans for Constitutional Freedom outpaced Value Them Both $6.5 million to $4.7 million from January 1 to July 18, and it enjoyed a smaller $5.8 million to $5.4 million spending advantage.

San Francisco, CA Ballot: The San Francisco Board of Supervisors voted Tuesday to place a referendum on the November ballot that would move the city's next set of local elections from 2023 to 2024 and keep them in presidential cycles going forward. Mayor London Breed, who would be up for re-election next year under the current law, has ardently opposed such a shift, arguing that "a group of democratic socialists" are seeking to "have more control and power of being able to get more of their people elected."

Election Recaps

Maryland: What follows is a look at where the state's major races stood as of Wednesday. The state will not begin to tabulate mail-in ballots until Thursday, so the margins may shift after all the votes are counted.

MD-04: Glenn Ivey, who is the former state's attorney for Prince George's County, beat former Rep. Donna Edwards 51-35 to win the Democratic nomination to succeed outgoing Rep. Anthony Brown in one of the bluest House districts in America.

The race was defined by a massive $6 million campaign by the hawkish pro-Israel group AIPAC―its largest investment in any contest to date―that argued Edwards did a poor job serving her constituents during her time in office from 2008 to 2017. (Edwards left to wage an unsuccessful campaign for the Senate, and Brown beat Ivey in the 2016 race to replace her.) J Street, a progressive pro-Israel organization that often finds itself at odds with AIPAC, responded with a considerably smaller $730,000 offensive portraying Ivey as a lobbyist for "big business," but it wasn't enough.

MD-06: Del. Neil Parrott earned his rematch against Democratic Rep. David Trone by defeating Matthew Foldi, a 25-year-old former writer for the conservative Washington Free Beacon, 64-15 in the Republican primary. Foldi sported endorsements from both Gov. Larry Hogan and House Minority Leader Kevin McCarthy, but Parrott's supporters castigated him as "a wealthy elitist" and a "kid."

Trone beat Parrott 59-39 last cycle as Biden was carrying the old version of the seat by a similar 61-38 spread, but this contest will be fought on very different turf. Parrott sued after Democrats passed another map to protect Trone, and his efforts were rewarded after a judge threw out those boundaries earlier this year. Legislative Democrats and Hogan agreed on new lines soon after that created a 6th based in western Maryland and the D.C. exurbs that Biden would have won only 54-44, and the incumbent quickly emerged as a major GOP target. The wealthy Trone has been preparing for a tough fight, though, and he recently loaned his campaign $10 million.

MD-AG: Rep. Anthony Brown beat former Judge Katie O'Malley 60-40 in the primary to succeed their fellow Democrat, retiring incumbent Brian Frosh, a win that puts him on course to become the state's first Black attorney general. Brown lost the 2014 race for governor to Republican Larry Hogan, but he should have no trouble in the fall against Republican nominee Michael Peroutka, a former board member of the neo-Confederate League of the South who prevailed 58-42.

Peroutka, among many other things, has called the separation of church and state a "great lie;" dismissed public education as "the 10th plank in the Communist Manifesto;" and insisted that abortion and same-sex marriage both defy "God's law." And while Peroutka left the League of the South before it helped organize the infamous 2017 neo-Nazi rally in Charlottesville, Virginia, he's still refused to denounce the group. The GOP last won the attorney general's office in 1918.

Baltimore, MD State's Attorney: Defense attorney Ivan Bates holds a 41-32 lead over incumbent Marilyn Mosby with 48,000 votes counted in the Democratic primary, but the AP has not called the race. Prosecutor Thiru Vignarajah, who sported a cross-party endorsement from GOP Gov. Larry Hogan, has the remaining 27%. The winner will have no trouble in the fall in this reliably blue city.

Mosby, who rose to national prominence in 2015 just months into her first term when she charged six police officers in the death of Freddie Gray, was indicted in January for allegedly filing false mortgage applications and lying to federal prosecutors. Bates lost to Mosby 49-28 in 2018, but this time, he benefited from heavy spending from a super PAC funded by 2020 mayoral candidate Mary Miller.

Baltimore County, MD State's Attorney: Attorney Robbie Leonard holds a tiny 51-49 edge against four-term incumbent Scott Shellenberger with 49,000 ballots tabulated in the Democratic primary, but it will likely take a while to determine the winner here. The eventual nominee will be favored in a county that supported Biden 62-35.

Shellenberger, whose jurisdiction includes many of Baltimore's suburbs (the city of Baltimore and Baltimore County have been separate jurisdictions since 1851), was on the receiving end of heavy spending by a super PAC affiliated with philanthropist George Soros. Leonard, for his part, positioned himself as a criminal justice reformer while also arguing that Shellenberger has done a poor job dealing with the local murder rate.

Montgomery County, MD Executive: Wealthy businessman David Blair has a 40-38 lead against incumbent Marc Elrich with 73,000 ballots counted in the Democratic primary to lead this populous and dark blue suburban D.C. community, but this is another contest that will likely take a while to settle. Four years ago, it was Elrich who beat Blair in a 77-vote cliffhanger.

Blair, who spent around $5 million on his second campaign, argued that Elrich had done a poor job making the county more affordable or dealing with crime; the challenger also benefited from $900,000 in spending by a super PAC funded in part by Facebook co-founder Dustin Moskovitz as well as developers and business groups. Bethesda Magazine writes that Elrich, whose "political base among civic and neighborhood groups often made him an outlier in three terms on the County Council on planning and development issues," has also clashed repeatedly with business groups.

The incumbent, for his part, focused on his work during the pandemic while also accusing Blair and County Council Member Hans Riemer, who is in third with 21%, of supporting policies that were "very Koch brothers [and] Reaganesque—like let the private sector solve everything."

Ad Roundup

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

Morning Digest: Trump dumps on anti-Greitens alternative while hinting he might endorse Greitens

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

Leading Off

MO-Sen: Show Me Values PAC, a group that has spent $2 million so far to stop disgraced former Gov. Eric Greitens from winning the Aug. 2 Republican primary, released an internal Friday from the Tarrance Group that found Attorney General Eric Schmitt leading Rep. Vicky Hartzler 28-24 as Greitens lagged in third with 16% and Rep. Billy Long struggled with just 6%. But if the super PAC was hoping that these numbers might inspire Donald Trump to join them in trashing Greitens, it quickly got a rude shock when the GOP master both declared that he won't back Hartzler and left open the possibility he'd endorse Greitens sometime in the next three weeks.

Trump, seemingly out of the blue, wrote that Hartzler "called me this morning asking for my endorsement, much as she has on many other occasions." He continued, "I was anything but positive in that I don't think she has what it takes to take on the Radical Left Democrats, together with their partner in the destruction of our Country, the Fake News Media and, of course, the deceptive & foolish RINOs." And in case that message was too subtle, he concluded, "I was very nice to Vicky on the call, but will NOT BE ENDORSING HER FOR THE SENATE!" Still, in perhaps a small relief to the congresswoman, the MAGA boss didn't actually implore his legions to vote against her in the race to replace retiring Sen. Roy Blunt.

Trump didn't elaborate on exactly what Hartzler, who sports an endorsement from Sen. Josh Hawley, had done to offend him, but a March Politico story sheds some light into their relationship. Trump, the story said, was told how she responded to the Jan. 6 attack by accusing him of "unpresidential remarks" and noting that "many" of the rioters "supported President Trump." Hartzler still joined the majority of her GOP colleagues in objecting to Joe Biden's victory, but that may not have been enough to get her back on Trump's good side.

Trump, though, has been far more forgiving when it comes to the scandal-plagued Greitens, whose ex-wife has accused of physically abusing both her and their children in 2018. Trump spoke to the far-right OAN over the weekend, where a host encouraged him to endorse Greitens because of the former governor's opposition to their shared intra-party nemesis, Senate Minority Leader Mitch McConnell. Trump, in a very rare nod to political reality, acknowledged that Greitens is "the one the Democrats legitimately want to run against," but he quickly added, "Eric is tough and he's smart. A little controversial, but I've endorsed controversial people before. So we'll see what happens."

McConnell is one of those people who is waiting to see what happens, though the Kansas City Star notes that, despite his past aggressive efforts to stop unacceptable candidates from winning their primaries, he's "made no indication he would get involved" here. Indeed, McConnell has refrained from even discussing Greitens publicly even though the candidate can't stop talking about his would-be leader: Greitens has accused McConnell of being behind the abuse allegations, and he's also claimed that Show Me Values, which is funded largely by Schmitt ally Rex Sinquefield, is linked to McConnell.

Hartzler, for her part, is trying to make the best of her situation with a new commercial that dubs her two main foes, "Eric and Eric," as "too weak on China." The congresswoman then makes the case that "if you want a senator who fights China like President Trump did, stand with me," a statement that's accompanied by a photo of her shaking hands with Trump back in happier days. Both Schmitt and Greitens' allies have previously run commercials using anti-China messaging against the other, though they've yet to seriously target Hartzler this way yet.

Hartzler and the Erics, however, are united in ignoring Long, whose best moment in the race came in March when Trump not-tweeted, "Have the great people of Missouri been considering the big, loud, and proud personality of Congressman Billy Long for the Senate?," a question he added was "not an Endorsement, but I'm just askin'?" Every poll, though, has found that the answer to be a resounding no, which may be why Trump has stopped talking about Long. The congressman, who made news in 2019 by giving his colleagues fake $45 bills bearing Trump's face, hasn't given up trying to get his actual endorsement even as his campaign has struggled to raise real money.

2Q Fundraising

  • MO-Sen: Lucas Kunce (D): $1.1 million raised
  • NH-Sen: Don Bolduc (R): $85,000 raised
  • WA-Sen: Tiffany Smiley (R): $2.6 million raised, $3.5 million cash-on-hand
  • CA-45: Jay Chen (D): $980,000 raised, $2.1 million cash-on-hand
  • NC-14: Jeff Jackson (D): $650,000 raised, $1.2 million cash-on-hand
  • NY-17: Sean Patrick Maloney (D-inc): $850,000 raised, $2.5 million cash-on-hand
  • NY-18: Colin Schmitt (R): $340,000 raised, $600,000 cash-on-hand
  • VA-02: Elaine Luria (D-inc): $1.8 million raised, $4.3 million cash-on-hand

senate

OH-Sen: Democratic Rep. Tim Ryan's newest ad will not only air exclusively on Fox News, it features multiples clip of high-profile Fox figures offering what passes for praise of the congressman, including Maria Bartiromo, Brett Baier, Peter Doocy, and even Tucker Carlson.

The chyron shown during the Carlson segment reads, "NOT EVERYONE IN THE DEM 2020 FIELD IS A LUNATIC," a reference to one of Ryan's two debate appearances during his short-lived presidential campaign. During that debate, Ryan agreed that Sen. Bernie Sanders' proposals would "incentivize undocumented immigrants to come into this country illegally" and said, "[I]f you want to come into the country, you should at least ring the doorbell."

OK-Sen-B: On Saturday, Donald Trump provided his "Complete and Total Endorsement" to Rep. Markwayne Mullin ahead of the August 23 Republican primary runoff. Mullin lapped former state House Speaker T.W. Shannon 44-18 in the first round of voting in late June.

Governors

AZ-Gov: The Republican firm HighGround Public Affairs, which says it sponsored this poll itself, finds former TV anchor Kari Lake leading Board of Regents member Karrin Taylor Robson just 39-35 in the Aug. 2 Republican primary, while 4% went for another option. The survey was conducted July 2-7, with termed-out Gov. Doug Ducey backing Robson on that final day.

Lake, meanwhile, appears to be running the first, though probably far from the last, negative TV ad of the contest. After telling the audience that she's Trump's endorsed candidate, Lake goes on to label Robson, "a real RINO." Lake insists, "She gave illegals tuition discounts and made us pay for it. She voted for abortion and gun control and refused to vote to end vax and mask mandates on our children."

LA-Gov: New Orleans City Council President Helena Moreno did not rule out a 2023 bid for governor over the weekend after state Democratic Party chair Katie Bernhardt mentioned her as a possible candidate. Moreno instead told NOLA.com, "People have been encouraging me for a statewide run for some time, but since last week the calls have increased from people, mostly women, who are liberal and conservative." Moreno has been talked about for years as a likely candidate for mayor in the 2025 race to succeed termed-out incumbent LaToya Cantrell, though she'd still be able to campaign for the Crescent City's top job if a statewide bid failed.  

NH-Gov: State Sen. Tom Sherman, who has the Democratic field to himself, has released an internal from Public Policy Polling that shows him trailing Republican Gov. Chris Sununu 43-33, with Libertarian Karlyn Borysenko grabbing 8%. This result, while still not close, is considerably better for Sherman than his 55-29 deficit in an April poll from the University of New Hampshire, which is the most recent survey we've seen until now. Sherman's poll also argues he'll make up ground once voters are reminded that Sununu signed an anti-abortion bill in 2021.

OR-Gov: Legislative Republicans have publicized numbers from Cygnal that show Republican Christine Drazan edging out Democrat Tina Kotek 32-31, with independent Betsy Johnson grabbing 24%. The survey comes days after Johnson released her own internal from GS Strategy that put Kotek ahead with 33% as Johnson and Drazan took 30% and 23%, respectively.

House

NE-02: Democrat Tony Vargas has released an internal from GBAO that shows him with a 48-47 edge over Republican incumbent Don Bacon in an Omaha-based seat Biden would have carried 52-46; the National Journal, which first publicized the poll, says it sampled 500 likely voters. The last survey we saw was a Change Research survey for Vargas' allies at 314 Action done days before his May primary win, and it found the Democrat ahead 42-39.

NY-03: Rep. Tom Suozzi has endorsed Nassau County Legislator Josh Lafazan in the five-way Aug. 23 Democratic nomination contest to succeed him, though the incumbent's influence at home may not be as strong as he'd like it to be. According to Newsday, Gov. Kathy Hochul defeated Suozzi 57-37 in the new boundaries of the 3rd District in last month's primary for governor; Suozzi lost by a slightly smaller 56-39 in the existing incarnation of this Long Island seat.

Ballot Measures

MI Ballot: Michigan activists seeking to place a constitutional amendment on the ballot this fall that would guarantee the right to an abortion submitted more than 753,000 signatures to the secretary of state's office on Monday—far more than the 425,000 required by law, and the most collected for a ballot initiative in state history. Officials must first verify the petitions, but given the huge cushion of extra signatures, it's all but certain the measure will go before voters in November.

Ad Roundup

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

     

Morning Digest: Investment in GOP primary for Illinois governor pays dividends … for Democrats

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

Subscribe to our podcast, The Downballot!

Leading Off

IL-Gov: Democrats looking to prevent Aurora Mayor Richard Irvin from winning the June 28 GOP primary got some very welcome news Friday when the Chicago Sun-Times and WBEZ released a survey from the Democratic firm Public Policy Polling finding far-right state Sen. Darren Bailey ahead 32-17, with another 11% going to venture capitalist Jesse Sullivan. The poll came shortly after a conservative PAC called People Who Play by the Rules PAC, which has been attacking Irvin, publicized its own numbers from Fabrizio, Lee & Associates giving Bailey a smaller 27-20 edge over the mayor.

Irvin in late May had unveiled his own numbers showing himself ahead 31-25, but he didn't have anything to offer Friday when reporters asked him about his underwhelming showing from PPP. Instead, the one-time frontrunner said there were "two and a half weeks left" before primary day and that "that's a lifetime in politics." Those comments came a day after Irvin's campaign confirmed they had cut planned advertising in southern Illinois, which led observers to wonder if the mayor was running out of the $50 million he'd received from billionaire Ken Griffin.

But Democratic Gov. J.B. Pritzker's allies at the DGA are still pouring it on with another ad designed to make Bailey, who among other things once pushed a hopeless bill to kick Chicago out of Illinois, more appealing to GOP voters. Just like the group's previous spots, the narrator asks, "Are pro-Trump conservative Darren Bailey's policies too conservative for Illinois?" The spot goes on to remind viewers that Bailey "sued to stop J. B. Pritzker's Covid mandates" before showing footage of the state senator using a firearm.

election recaps

 AK-AL: Almost 110,000 votes have been counted in Saturday’s special top-four primary for the final months of the late GOP Rep. Don Young’s term, and while the Associated Press has not yet called any of the four spots in the Aug. 16 instant runoff general election, three contenders have established clear leads over the other 45 candidates. Two Republicans, former reality TV show star Sarah Palin and businessman Nick Begich III, are taking 30% and 19%, respectively; independent Al Gross, who was the 2020 Democratic Senate nominee, is in third with 12%.

The battle for the fourth and final spot is tight, with former Democratic state Rep. Mary Peltola holding a 7-5 edge over a third Republican, former state Interior Department official Tara Sweeney; not far behind with 4% is North Pole City Council member Santa Claus, a self-described "independent, progressive, democratic socialist" who previously had his name changed from Thomas O'Connor. 

It’s not clear how many votes are left since mail-in ballots received though June 21 will be tabulated as long as they were postmarked by Saturday, though election authorities say that a total of 139,000 votes have been received thus far. The state, writes the Alaska Beacon, plans to count more ballots on Wednesday, Friday, and June 21, with certification to follow four days later.

Redistricting

LA Redistricting: A panel of judges on the 5th Circuit Court of Appeals on Thursday issued a short-term "administrative stay"​ for a lower court ruling that struck down Louisiana's GOP-drawn congressional map for racial discrimination, but the stay was lifted Sunday​​. Arguments over the case are set to take place in early July, though, so this is far from the final word on the future of the maps. Democratic Gov. John Bel Edwards has reiterated that a special redistricting session will begin Wednesday.

NY Redistricting: A state appellate court has struck down New York's Democratic-drawn Assembly map on the grounds that the legislature lacked the authority to draw its own map after the state's bipartisan commission failed to pass anything of its own. However, the ruling won't take effect until after this year's elections, since the court ruled that the Republican plaintiffs had waited too late into the election cycle to bring their lawsuit, meaning the upcoming June 28 primary will proceed using the Democratic-drawn districts and the courts will oversee the redrawing of the map for the 2024 elections.

Senate

GA-Sen: The progressive group VoteVets has launched a TV commercial as part of a $1.5 million ad buy that accuses Republican Herschel Walker of using his supposed charity to prey upon veterans to his own financial benefit of $331,000 last year alone, noting that prosecutors charged the charity with defrauding the federal government. As the Associated Press has reported, Walker served as a celebrity spokesperson for Patriot Support, which is actually a for-profit program marketed to veterans by the large hospital chain Universal Health Services.

A civil lawsuit against Universal by the Justice Department and a number of state governments alleged that the company aggressively pushed veterans into inpatient mental health care facilities, often via misdiagnosis and fraudulent documents, to take advantage of how government-sponsored insurance plans don't limit the duration of psychiatric hospital stays under certain conditions, unlike private insurance plans. Universal ultimately reached a $122 million settlement with the federal government and various states in 2020 but denied any wrongdoing.

NV-Sen, NV-Gov: The nonpartisan Nevada Independent has once more released a survey from the GOP firm OH Predictive Insights of Tuesday's Republican primaries, and it finds the Trump-backed Senate and gubernatorial frontrunners, former state Attorney General Adam Laxalt and Clark County Sheriff Joe Lombardo, maintaining double-digit leads in their respective contests.

In the contest to take on Democratic Sen. Catherine Cortez Masto, Laxalt posts a 48-34 edge over Sam Brown, an Army veteran who has run a surprisingly well-funded campaign. One month before, the firm showed Laxalt up by a similar 45-30 edge, and we haven't seen any reliable polling in the intervening time. The former attorney general's allies at the Club for Growth and its School Freedom Fund affiliate aren't taking any chances, though, as they've continued to spend on advertising in the closing days of the contest.

Meanwhile in the race to go up against Democratic Gov. Steve Sisolak, Lombardo outpaces attorney Joey Gilbert, a former professional boxer who has bragged that he was "definitely on the Capitol steps" on Jan. 6, 34-21, which puts things a bit closer than Lombardo's 35-15 edge the previous month. Two other Republicans, North Las Vegas Mayor John Lee and former Sen. Dean Heller, tie for third with 10% each, which is about where they each were in May.

NBC reported Wednesday that Lee, a former conservative Democrat who defected to the GOP last year, has actually outspent Lombardo $2 million to $1.2 million on advertising, but that a group called Better Nevada PAC has deployed an additional $2.9 million to help the sheriff. The DGA-affiliated A Stronger Nevada, meanwhile, has poured $2.5 million into ads largely attacking Lombardo as "more worried about his public image than public safety" in an effort to try to derail the frontrunner.

OH-Sen: The Democratic group Innovation Ohio has publicized an internal from GrowProgress that shows Democrat Tim Ryan leading Republican J.D. Vance 44-41, little different from his 43-41 edge in a late April poll taken just before both men won their primaries. The only other recent general election survey we've seen was a late May Suffolk University poll that put Vance ahead 42-39.

Governors

MD-Gov: Former Prince George's County Executive Rushern Baker announced Friday that he was suspending his campaign, saying that he didn't have the money to win the Democratic nomination on July 19. Baker, who took second in the 2018 primary, said he'd consider restarting his efforts if he received substantially more donations in the next month, but he acknowledged this was very unlikely to happen.    

MI-Gov: Former Detroit Police Chief James Craig, who was the Republican primary frontrunner before he was disqualified last month for fraudulent voter petition signatures, announced Thursday that he'd wage a write-in campaign to secure the nomination in August. "I got emails, text messages through my campaign that says: 'Chief, we know you were robbed," insisted Craig. "And you know what? I'm not going to roll over. Because this is not about me as a candidate."

Craig made his announcement on the local station Fox 2 along with self-funding businessman Perry Johnson, who is suing in federal court to get back on the ballot himself. However, while Johnson, whose campaign also fell victim to a fraudulent signature scandal, is going to federal court to try to get back on the ballot, he sounded skeptical about running his own write-in effort.

Johnson, while not explicitly ruling out the idea, acknowledged it would be "very, very difficult" for anyone to pull off and estimated the effort would take $22 million. Craig, who had $1.2 million on-hand at the end of 2021, suggested that he and his wealthy former rival "should be partners," but Johnson quickly said he didn't want to be his running mate.

MN-Gov, MN-AG: The Democratic firm Change Research's new survey for the nonpartisan MinnPost shows Democratic Gov. Tim Walz leading his likely Republican rival, Scott Jensen, just 42-40, but there's an important caveat.

The firm found that 7% of respondents chose, "The candidate from either one of the legalize marijuana parties (Legal Marijuana Now or Grassroots Legalize Cannabis)," but the poll didn't name any candidates by name or even separate the two parties. This is a potential issue because, by presenting the two options this way, Change is not replicating how these choices will actually be presented on the ballot. (Independence-Alliance Party Hugh McTavish, who was indeed asked about by name, snagged an additional 3%.)

The poll also finds Democratic Attorney General Keith Ellison locked in a tight race against both of the Republicans competing in the August primary. Attorney Jim Schultz, who won the party convention last month, edges out Ellison 45-44, while the incumbent deadlocks 44-44 in a rematch against 2018 rival Doug Wardlow.

House

FL-07: Several Orlando-area Democratic elected officials have endorsed state party official Karen Green's campaign to succeed retiring Democratic Rep. Stephanie Murphy in a constituency that the new GOP gerrymander transformed from a 55-44 Biden seat into one Trump would have taken 52-47. One of the pols backing Green, whom we hadn't previously mentioned, is state Rep. Carlos Guillermo, who didn't quite rule out a bid of his own right after Murphy retired. Florida's filing deadline is June 17, so the field will be set very soon.

FL-23: Airline pilot Curtis Calabrese has filed paperwork with the FEC terminating his campaign for the Democratic nomination for this open seat. Calabrese only switched his party registration from Republican to Democratic in March even though state law requires candidates be registered with their party at least a year before the start of candidate filing, so he likely would have faced serious legal opposition had he continued on.

GA-10: There haven't been many negative ads in the leadup to the June 21 GOP primary runoff, but former state Rep. Vernon Jones is going up with one that portrays his opponent, trucking executive Mike Collins, as a little boy who can only explain his rationale for running with, "My daddy was in Congress." After the actor playing "Little Mike" repeats this line, Jones tells the audience, "My daddy wasn't in Congress, but he was a veteran and he fought for this country."

MT-01: The Associated Press on Thursday evening called the June 7 Republican primary for former Rep. Ryan Zinke, who outpaced former state Sen. Al Olszewski by a surprisingly slim 41-40 margin. But despite his name recognition, support from Trump, and financial advantage, Zinke faced serious scrutiny for reportedly spending more time in his wife's hometown of Santa Barbara, California rather than in Montana, as well as over his myriad of ethics issues from his time as Trump's secretary of the interior.

Zinke will go up against Democratic nominee Monica Tranel, an attorney and former Olympic rower, for a western Montana seat that Trump carried 52-45.

NY-23: State Republican Party Chair Nick Langworthy said Friday morning that he would indeed run to succeed retiring GOP Rep. Chris Jacobs, a decision Langworthy revealed hours before candidate filing closed.

NY-23 (special): Republican leaders on Thursday chose Steuben County party chair Joe Sempolinski as their nominee in the Aug. 23 special election for the final months of former GOP Rep. Tom Reed's term. Sempolinski, who is not seeking a full term in Congress this year, will go up against Democrat Max Della Pia in a constituency Trump took 55-43.

TN-05: The Tennessee Supreme Court on Friday unanimously ruled that music video producer Robby Starbuck would stay off the August Republican primary ballot for this open seat, a move that reverses a lower-court decision that briefly resurrected his campaign.

Starbuck, who was booted by the state GOP failing to meet its opaque "bona fide" standard​, responded by​ tweeting Sunday​, "I have 3 days to decide if I’ll run write in for the primary or general (I have to pick 1). Problem is, if I win the primary, TNGOP can ignore it and pick the person who came in 2nd." He added that he'd told party leaders​, "If they agree to honor the results of the primary election and support the winner, even if it’s a write-in, then I’ll run in the primary as a write-in and not in the general. The ball is in their court now."

Secretaries of State

NV-SoS: The GOP firm OH Predictive Insights surveys Tuesday's Republican primary for secretary of state for the nonpartisan Nevada Independent and finds a 21-21 deadlock between former Assemblyman Jim Marchant and developer Jesse Haw. Marchant, a QAnon ally who has said he would not have certified Joe Biden's 2020 victory, has attracted attention by grouping with other conspiracist candidates running to become their state's chief election official. Haw, though, has himself winked at the Big Lie by saying that last election "had a lot of shenanigans and potential fraud."

The eventual nominee will go up against former state Athletic Commission member Cisco Aguilar, who faces no Democratic primary opposition in the race to succeed termed-out Republican incumbent Barbara Cegavske.

Morning Digest: Why Montana is the only state in the union without new legislative maps

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

Subscribe to our podcast, The Downballot!

Leading Off

MT Redistricting: For the first time in 40 years, Montana enjoyed the right to draw a congressional map following the 2020 census, thanks to population growth that bumped up its representation in the House from one seat to two. But while that task was completed all the way back in November, the state still lacks new maps for its legislature—and won't have any until next year. In fact, Montana is the only state in the nation that hasn't finished legislative redistricting. So what gives?

Fortunately, law professor Quinn Yeargain has the answer. In 1972, Montana adopted a new constitution that gave power over redistricting to an evenly divided bipartisan commission, which is obligated to submit legislative maps to lawmakers "at the first regular session after its appointment or after the census figures are available." The problem, however, is that the constitution also mandates the legislature meet for just 90 days at a time in odd-numbered years, starting in early January and ending in late April.

Practically speaking, therefore, there's no way the redistricting commission could finish its work that quickly, and in 2021, that would have been literally impossible, since the Census Bureau didn't release the detailed data needed to draw new lines until August. Even in the previous decade, when the census wasn't hampered by a pandemic and presidential interference, Montana didn't receive the necessary data until mid-March.

Making matters even more absurd, as Yeargain points out, when lawmakers receive maps from the commission, they can only make "recommendations" for changes—recommendations the commissioners are free to ignore. The entire process, therefore, will be put off until the legislature's next session in 2023, simply to allow legislators to play an entirely advisory role that may have no impact whatsoever.

The practical consequences of this delay, however, are considerable. As shown in this map of Montana's state House, many districts are severely under- or over-populated, with 56 of 100 outside the 10% deviation between the smallest and largest districts that courts typically allow; the situation in the Senate is similar.

Under the longstanding constitutional doctrine of "one person, one vote," these imbalances make Montana ripe for a lawsuit demanding the state draw new districts immediately after each census, like every other state does. No one has brought such a case this time, though, and with the state's primary next week, it's now too late. But in the coming decade, such a challenge could very well succeed.

Senate

OH-Sen: The first post-primary poll of Ohio's open Senate race finds Republican nominee J.D. Vance with a small 42-39 lead on Democratic Rep. Tim Ryan, though 17% of voters have yet to make up their minds, according to Suffolk University. While Vance's 3-point margin might seem alluring, we always caution never to judge a race based on a single poll. That's all the more so when there's a sizable pile of undecideds, since they're more likely to lean Republican given Ohio's overall red tilt.

Governors

GA-Gov: Democrat Stacey Abrams has launched her first TV ad since winning last month's primary, and the spot blasts Republican Gov. Brian Kemp for having "made it easier for criminals to carry guns in public," vowing to criminalize abortion, and providing "tax cuts for himself and his ultra-wealthy friends." Notably, this ad is from Abrams' One Georgia leadership committee, which can raise and spend unlimited contributions from donors now that the primaries are over thanks to a law that Kemp himself signed in 2021 in an attempt to gain his own fundraising advantage.

FL-Gov: We're not quite sure what to make of this, but the Florida Education Association, which is the state's largest teachers union, says it's "backing" Democratic Rep. Charlie Crist's bid for governor but stresses that it's not giving Crist its "formal endorsement." We're accustomed to this sort of parsing from politicians, but we can't recall ever seeing a labor union—especially not one with 150,000 members—engage in this kind of hair-splitting.

IL-Gov: Hedge fund billionaire Ken Griffin, who is Illinois' wealthiest resident, has given an additional $5 million to Aurora Mayor Richard Irvin's campaign for the June 28 GOP primary, bringing his investment up to a staggering $50 million thanks to Illinois' lack of contribution limits. Due in large part to the wealth of just three billionaires, candidates and outside groups in Illinois' upcoming primaries have spent an eye-popping $30 million on ads in May alone as Democrats have gotten involved in the GOP primary to try to stop Irvin and boost a more conservative opponent while Irvin's camp has spent heavily in response.

Irvin has expended $11.1 million while the Democratic Governors Association has dropped $6.5 million on a mix of ads attacking Irvin and boosting state Sen. Darren Bailey, who is running to Irvin's right and has spent $4.1 million with an additional $2.7 million in outside support from a PAC funded by right-wing billionaire Dick Uihlein. The final billionaire is Democratic Gov. J.B. Pritzker himself, who is extensively self-funding his campaign and has spent $4 million on ads mainly opposing Irvin. Lastly, venture capitalist Jesse Sullivan has spent $1.5 million on GOP primary ads.

MI-Gov, MI-AG, MI-SoS: The general election portion of local pollster Target Insyght's recent survey for MIRS News finds statewide Democrats demolishing their GOP opponents by margins that simply look too good to be true. Democratic Gov. Gretchen Whitmer leads her five prospective Republican challengers by anywhere from 58-19 to 57-23, while Democratic state Attorney General Dana Nessel posts a similar 54-23 edge over Big Lie proponent Matthew DePerno and Democratic Secretary of State Jocelyn Benson likewise prevails 56-23 over election conspiracy theorist Kristina Karamo.

Every other poll released this cycle has so far found Whitmer at or below 50% with considerably more support for her Republican challengers than Target Insyght has, and even during the blue wave of 2018, she only earned 53% of the vote. Though voters in recent years have been more apt to split their tickets in state races despite historically high levels of polarization in federal elections, Whitmer and her fellow Democrats in swingy Michigan are still likely to face strong headwinds this November thanks to Joe Biden's weak approval ratings and traditional midterm patterns that favor the out-party. We're therefore extremely skeptical of these numbers unless confirmed elsewhere.

Meanwhile, in the August GOP primary, the state Court of Appeals ruled on Wednesday that self-funding businessman Perry Johnson cannot appear on the ballot after he and several other GOP candidates were disqualified from running last week due to fraudulent voter petition signatures. Johnson didn't indicate whether he would appeal further to the state Supreme Court, but the state is set to finalize its primary ballot on Friday. The courts have yet to rule on a similar appeal by former Detroit Police Chief James Craig, but given the similar arguments in Craig's lawsuit, his prospects look poor.

MN-Gov, MN-02, MN-01: Candidate filing closed on Tuesday, and the state has a list of who is running here for the August primary. For governor, far-right state Sen. Scott Jensen managed to avoid a competitive primary after winning the state GOP convention's endorsement last month. While it's commonplace for candidates to agree to drop out before the primary after they lose at the convention, former state Senate Majority Leader Paul Gazelka and dermatologist Neil Shah didn't appear to have confirmed they would until they declined to file. Lastly, Hennepin County Sheriff Rich Stanek, who had said he was unable to attend the convention due to injuries from a car crash, also dropped out by not filing.

On the Democratic side, Gov. Tim Walz faces only token opposition in his quest for a second term. Walz also got potential good news when former radio host Cory Hepola, who had announced he was running as a Forward Party candidate earlier this year on a platform that appeared more likely to take votes from Democrats than Republicans, also didn't file.

Unfortunately for Democrats, candidates from each of two pro-marijuana third parties qualified to run for governor and in the 1st and 2nd Congressional Districts. However, the presence on the ballot of the Legal Marijuana Now Party and Grassroots - Legalize Cannabis Party has if anything had the opposite effect of their stated purpose by likely drawing votes disproportionately from the left, potentially depriving Democrats of enough support to cost them control of the state Senate in 2020 and let the narrow Republican majority block Democrats' legalization effort earlier this year.

Republicans themselves may have had a role in the pro-weed parties' success. Adam Weeks, who was Legal Marijuana Now' 2020 nominee in the 2nd District but died two months before Election Day, had told a friend in a voicemail recording that surfaced after his death that he'd been recruited by the GOP to run and "pull away votes" from Democratic Rep. Angie Craig to help GOP challenger Tyler Kistner. Although Craig won that contest by a 48-46 margin, that was a notable underperformance of Joe Biden's 52-46 victory in the district thanks in part to Weeks posthumously taking 6%.

Craig faces a rematch with Kistner this fall along with candidates from both cannabis parties, and Kistner himself released a mid-May poll from GOP firm Cygnal this week that showed him trailing Craig by a modest 43-38 margin, with Legal Marijuana Now Party candidate Paula Overby taking 4%.

In the 1st District, former Hormel CEO Jeff Ettinger faces little-known opponents in the regular Democratic primary after winning the nomination last month for the August special election to replace the late GOP Rep. Jim Hagedorn. However, on the GOP side, former Department of Agriculture official Brad Finstad will face a rematch with far-right state Rep. Jeremy Munson after the more establishment-aligned Finstad beat him just 38-37 in last month's special primary; former Freeborn County GOP chair Matt Benda also filed to run in the regular GOP primary after taking only 7% in last month's contest.

House

FL-13: Rep. Charlie Crist has endorsed former Defense Department official Eric Lynn in the race to succeed him in Florida's 13th Congressional District. Lynn is the only notable Democrat still running after Republicans gerrymandered the district to make it considerably redder, such that Donald Trump would have carried it 53-46, compared to Joe Biden's 52-47 margin under the previous lines.

Meanwhile, nonprofit founder Audrey Henson just dropped out of the GOP primary to run for the state House instead, though several other Republicans are still in the mix. The remaining field includes attorneys Amanda Makki and Kevin Hayslett as well as businesswoman Anna Paulina Luna, who was the GOP's unsuccessful nominee in 2020.

IL-06: Rep. Marie Newman copies Georgia Sen. Raphael Warnock's legendary ads featuring a pet beagle in a new spot attacking her opponent in next month's Democratic primary—right down to the starring breed of pooch. Walking a beagle of her own, Newman says that "unfortunately, you're going to hear a lot of sh*t about me from my opponent, Sean Casten" as her dog squats to do its business (the offending word is bleeped out). It's not clear what Newman might be referring to, however, as Casten has not aired any negative ads.

Calling herself a "lifelong progressive Democrat," Newman then castigates Casten for voting "for anti-choice Republicans like George Bush." (Casten cast his first vote in a presidential election for George H.W. Bush in 1992, when he was 20.) She also touts her rejection of "corporate money" while accusing Casten, a fellow member of Congress, of having "taken a million dollars from corporate PACs."

MI-03: A new Public Policy Polling survey for Democrat Hillary Scholten finds her narrowly edging past Republican Rep. Peter Meijer 39-37 while leading conservative commentator John Gibbs, who has Donald Trump's endorsement, by a larger 44-35 margin. This is the first public poll of the race for Michigan's 3rd District, one of a handful of seats Democrats are hoping to flip in November.

MN-03: In Minnesota's 3rd District, Democratic Rep. Dean Phillips and Navy veteran Tom Weiler, his Republican challenger, are the only candidates running here after businessman Mark Blaxill declined to continue on to the primary after losing to Weiler at the GOP convention.

MN-04: Longtime Democratic Rep. Betty McCollum faces a primary challenge from the left by Saint Paul Department of Human Rights & Equal Economic Opportunity official Amane Badhasso, who has raised a competitive amount of money so far. A few other minor candidates are running in the Democratic and GOP primaries for this solidly blue seat.

MN-05: Democratic Rep. Ilhan Omar, who is one of the most outspoken left-wing members of Congress, is running for a third term and faces a primary challenge from her right by former Minneapolis City Council member Don Samuels. Several other obscure candidates are running for both parties in this heavily Democratic district.

NY-10: Former federal prosecutor Daniel Goldman, who served as House Democrats' lead counsel during Donald Trump's first impeachment, has joined the crowded primary for New York's open 10th District, a safely blue district in lower Manhattan and Brooklyn. Goldman briefly ran for state attorney general last year but dropped out after incumbent Tish James abandoned her bid for governor and decided to run for re-election instead.

NY-12: The Working Families Party, a labor-backed party that has often played an important role in New York politics over the last two decades, has endorsed Democratic Rep. Jerry Nadler in his member-vs.-member primary against fellow Rep. Carolyn Maloney. The WFP's backing serves as a progressive seal of approval and could also yield key on-the-ground support for Nadler if unions decide to deploy their membership on his behalf.

Ad Roundup

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Morning Digest: Primary season marches on with another big night across the South

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

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Leading Off

Primary Night: You Kemp Lose If You Don't Play: We have another big primary night in store on Tuesday as voters in Alabama, Arkansas, and Georgia head to the polls. That's not all, though, as Texas is holding runoffs for races where no one earned a majority of the vote in the March 1 primary. On top of that, both Democrats and Republicans in Minnesota's 1st Congressional District will pick nominees for an Aug. 9 special election to succeed Republican Rep. Jim Hagedorn, who died in February. And as always, we've put together our preview of what to watch.  

Perhaps the biggest race on the calendar is the Democratic runoff for Texas' 28th Congressional District where Henry Cuellar, who is the last anti-choice Democrat in the House, is trying to fend off progressive attorney Jessica Cisneros. The Lone Star State is also hosting the GOP runoff for attorney general between incumbent Ken Paxton, who has spent almost seven years under indictment with no trial date in sight, and Land Commissioner George P. Bush.

Meanwhile, although Donald Trump's efforts to torpedo Georgia Gov. Brian Kemp seems to be about to spectacularly flame out, he may have more success going after Secretary of State Brad Raffensperger and Attorney General Chris Carr, two other statewide Republicans who declined to enable the Big Lie. Over in the 7th District in the Atlanta area, we have an incumbent vs. incumbent Democratic primary between Carolyn Bourdeaux and Lucy McBath, though this one may need to be resolved in a runoff. There's plenty more to watch in all five states, and you can find more in our preview.

Our live coverage will begin at 7 PM ET at Daily Kos Elections when polls close in Georgia. You can also follow us on Twitter for blow-by-blow updates, and you'll want to bookmark our primary calendar, which includes the dates for primaries in all 50 states.

Senate

AZ-Sen: The Democratic firm Blueprint Polling has conducted a poll testing hypothetical general election matchups in Arizona that finds Democratic Sen. Mark Kelly with double-digit leads over three of his prospective Republican foes; there's no word as to who, if anyone, is their client. Kelly beats businessman Jim Lamon 48-34, outpaces state Attorney General Mark Brnovich 50-33, and prevails 49-32 over former Thiel Capital chief operating officer Blake Masters. These numbers are the best we've seen for Kelly by anyone this cycle, though few pollsters have released surveys here so far.

NC-Sen: The Democratic-affiliated Senate Majority PAC has launched a new TV ad supporting former Democratic state Supreme Court Chief Justice Cheri Beasley as part of a $1.4 million buy over the next three weeks, which is notable after SMP previously omitted North Carolina when it revealed its fall ad reservations back in April. The ad hits back against unmentioned GOP attacks by trying to portray Beasley as tough-on-crime and noting that she even applied the death penalty in a case where a man killed a child.

Meanwhile, a new East Carolina University poll finds GOP Rep. Ted Budd holding a 47-39 lead over Beasley after the two won their respective parties' primaries last week.

OH-Sen: Democratic Rep. Tim Ryan has debuted his first ad following his primary win earlier this month, and it continues his focus on bringing well-paying blue collar jobs to Ohio. The spot attacks GOP nominee J.D. Vance over a past statement where he said we may have to just accept that "a 55-year-old worker in Dayton, Ohio who spent his entire life in manufacturing ... may not be able to find a good paying job for the rest of his working life."

UT-Sen: A new Dan Jones & Associates poll of the June 28 Republican primary on behalf of the Deseret News and Hinckley Institute of Politics shows GOP Sen. Mike Lee ahead by 49-19 over former state Rep. Becky Edwards, while businesswoman Ally Isom takes just 6%. Both Edwards and Isom are challenging the incumbent for being too extreme.

Governors

GA-Gov, GA-Sen, GA-AG, GA-SoS: The GOP firm Landmark Communications has conducted its final poll ahead of Tuesday's Republican primaries, and there was no indication who, if anyone, was their client. The survey finds Gov. Brian Kemp poised for a 60-30 blowout win over former Sen. David Perdue, while former NFL star Herschel Walker sports an even larger 60-12 edge over banking executive Latham Saddler in the Senate race.

Further downballot in the primary for attorney general, incumbent Chris Carr is ahead by 49-24 over Big Lie proponent John Gordon, while the secretary of state's race sees incumbent Brad Raffensperger trailing by 39-38 against Rep. Jody Hice, who has Trump's endorsement and is also campaigning on the Big Lie. However, with 9% going to former Alpharetta Mayor David Belle Isle and 2% to another candidate, Hice's lead isn't large enough to avoid a June 21 runoff.

MA-Gov: Massachusetts Republicans held their state party convention on Saturday, and former state Rep. Geoff Diehl, who has Trump's backing and lost by a wide margin as the GOP's 2018 Senate nominee, won the party endorsement 71-29 over businessman Chris Doughty, who has pitched himself as a moderate. Diehl will still have to face off with Doughty in the September primary, however, because Doughty cleared the 15% threshold needed to advance to the primary ballot.

MI-Gov: Billionaire Dick DeVos has announced that he and his family are endorsing conservative radio host Tudor Dixon and that they intend "to provide support for her financially" in the GOP primary for governor this August. The DeVos family is very well connected in state GOP politics, with Dick DeVos having been the 2006 nominee for governor; his wife Betsy DeVos served as education secretary in the Trump administration and previously chaired the state party. The Detroit News noted that the DeVos family was Michigan's top donor in the 2018 election, having given more than $11 million that cycle according to the Michigan Campaign Finance Network nonprofit.

Dixon faces a crowded August primary where former Detroit Police Chief James has appeared to be the frontrunner since last summer. There have been signs in recent months that Craig's lead is vulnerable, and Dixon had previously won endorsements from Reps. Bill Huizenga and Lisa McClain, along with praise from Trump that stopped just short of an endorsement, but that support has so far failed to translate to the polls. The only recent poll we have here from a reliable firm was a Glengariff Group survey that gave Craig a 23-8 lead over chiropractor Garrett Soldano, while Dixon took just 2%. However, with only 17% of Republicans in that poll having heard of her, Dixon's support may increase if she can effectively get her message out.

NM-Gov: A new Research & Polling Inc. survey of the June 7 GOP primary for the Albuquerque Journal finds former TV meteorologist and 2020 Senate nominee Mark Ronchetti leading by 45-17 over state Rep. Rebecca Dow, with retired Army National Guard Brig. Gen. Greg Zanetti taking 9% and Sandoval County Commissioner Jay Block earning 8%. Marchetti's advantage in this latest poll is similar to a SurveyUSA poll from earlier this month that showed him up 44-12 over Block while Zanetti and Dow were close behind in third and fourth, respectively.

PA-Gov: Put Pennsylvania First, a PAC supported by the Democratic Governors Association, Planned Parenthood, and other Democratic-affiliated groups, has announced it is putting $6 million behind a campaign that includes $3 million for TV ads and $1 million for digital ads, with the rest going to voter outreach. The TV spot warns how the Supreme Court is poised to overturn Roe v. Wade and attacks newly minted GOP nominee Doug Mastriano for supporting a total ban on abortion with no exceptions for rape or incest.

WI-Gov: Republicans at the state GOP convention on Saturday opted not to endorse a candidate after former Lt. Gov. Rebecca Kleefisch won the support of just 55% of delegates, which was shy of the 60% needed to earn the state party's backing. While party endorsement conventions in Wisconsin only began in the 2010 cycle and aren't nearly as important as in neighboring Minnesota, where rivals of endorsed candidates will often drop out instead of fight on to the primary, the Associated Press noted that winning the Wisconsin GOP's endorsement would have allowed the party to spend as much as it wanted on the victor.

House

CA-40: Physician Asif Mahmood is the latest in a string of Democrats this year who are trying to pick their opponents, but in a bit of a twist, he's also trying to prevent an incumbent from reaching the general election.

Mahmood is airing a new ad that calls out Republican Greg Raths for his hostility to abortion rights, calling him "too right-wing for Orange County"—exactly the kind of message that would excite conservative voters, of course, and one aimed at boosting Raths past Rep. Young Kim in next month's top-two primary. Kim also opposes abortion rights but Mahmood would unquestionably rather face the more vocally MAGA-fied Raths in November.

For Mahmood to be successful, Kim would have to come in third in the primary, a fate that's never befallen an incumbent in the decade since California adopted its current top-two system. However, Kim's incumbency is as thin as it gets: Thanks to redistricting, she represents just 20% of the redrawn 40th District. Raths, meanwhile, ran against Rep. Katie Porter last cycle in the old 45th District, which makes up almost two-thirds of the new 40th, though he lost 53-47.

IL-06: A new internal poll from Garin-Hart-Yang for Rep. Sean Casten finds the congressman leading his rival in next month's primary, fellow Rep. Marie Newman, by a 36-27 margin, with 2% going to perennial candidate Charles Hughes and, presumably, 35% undecided. GHY's memo also says that "the race was even" when it last polled in January, though actual toplines for that older survey are not included. The only other poll of the contest was a Newman internal from February that had the two incumbents tied at 37 apiece.

MO-07: Former state Sen. Jay Wasson has released a new poll of the Aug. 2 Republican primary for Missouri's open 7th District, conducted by American Viewpoint, that shows him leading state Sen. Mike Moon 21-17, with state Sen. Eric Burlison at 15 and all other candidates in single digits; 31% were undecided. We've seen just one other survey here, from Republican pollster Remington Research on behalf of the tipsheet Missouri Scout all the way back in January, that had Burlison leading Moon 21-12, with Wasson at 9.

NY-10: New York's radically reconfigured 10th District in lower Manhattan and Brooklyn has already attracted a trio of prominent Democratic contenders, but a whole bunch more are considering the race for this newly open and safely blue seat. The potential candidates who've publicly stated their interest include:

  • state Sen. Simcha Felder, who spent many years caucusing with Republicans
  • former Rep. Elizabeth Holtzman, who represented a different part of Brooklyn in the 1970s and is now 80 years old
  • Assemblywoman Jo Anne Simon
  • attorney Dawn Smalls, who took 4% in the 2019 special election for New York City public advocate

Several others are reportedly interested:

  • attorney Daniel Goldman, who was chief Democratic counsel for Donald Trump's first impeachment
  • City Councilwoman Carlina Rivera, who filed paperwork with the FEC
  • former City Comptroller Scott Stringer, though he's reportedly planning to seek an open state Senate seat in Manhattan
  • former City Councilman David Yassky, according to Councilwoman Gale Brewer

Already running are former Mayor Bill de Blasio, Assemblywoman Yuh-Line Niou, and Hudson Valley Rep. Mondaire Jones. Assemblyman Robert Carroll, however, is a no. The 10th District is open because the state's new court-drawn map moved Rep. Jerry Nadler's Upper West Side base into the 12th District, where he'll face off against fellow Rep. Carolyn Maloney in the Aug. 23 Democratic primary.

NY-12: Attorney Suraj Patel, who was waging a third straight primary challenge against Democratic Rep. Carolyn Maloney after coming up just shy in 2020, says he's continuing his campaign despite the fact that he'll now be going up against Rep. Jerry Nadler, too. Another candidate who'd been taking on Maloney, community organizer Rana Abdelhamid, does not appear to have commented on her plans since the state's new court-drawn map was adopted over the weekend.

NY-17, NY-03: State Sen. Alessandra Biaggi, who'd been running for New York's open 3rd Congressional District, announced on Monday that she would instead challenge DCCC chair Sean Patrick Maloney in the 17th.

Biaggi, who represents a slice of Westchester and the Bronx in the legislature, was originally drawn into the 3rd District in the map she and her colleagues passed in February. However, the new court-imposed boundaries returned the 3rd to an all-Long Island configuration similar to the way it had looked for the previous decade. That left Biaggi well outside the new 3rd, facing off against a squadron of Long Island natives across the sound.

However, Biaggi doesn't have any obvious ties to the 17th District, either. She lives in the Westchester town of Pelham on the Bronx border, and even the northernmost tip of her Senate district is still well south of the 17th, which includes northern Westchester, all of Rockland and Putnam counties, and the southern reaches of Dutchess County.

But Maloney's been roundly lambasted, including by several House colleagues, for his own debatable connections to the 17th. Maloney immediately announced after the court-appointed special master published a draft map last week that he'd abandon the 18th to instead run one district to the south, despite representing just a quarter of the 17th and 71% of the 18th. He justified the decision by arguing his home is in the 17th, but in switching districts, he not only left the 18th more vulnerable, he forced fellow Democratic Rep. Mondaire Jones out of the 17th, even though he represented 73% of the district. (Jones is instead seeking an open seat in New York City.)

Biaggi specifically cited Maloney's move in explaining her decision to run, saying, "What hurt the party was having the head of the campaign arm not stay in his district, not maximize the number of seats New York can have to hold the majority." She also has experience defeating well-funded senior party leaders: In 2018, she unseated powerful state Sen. Jeff Klein, who for years had allowed Republicans to maintain control of the Senate through an alliance with his caucus of renegade Democrats known as the IDC, or Independent Democratic Conference. Biaggi now has three months to find out whether she can play the role of political giant-slayer once more.

NY-18: Shortly after draft maps were released last week, Democratic Assemblyman James Skoufis said that he was considering a bid for New York's 18th District, which is open because of the DCCC's Sean Patrick Maloney's selfish decision to seek the 17th instead. However, Skoufis hasn't said anything since the map was finalized.

NY-19 (special): Democratic Gov. Kathy Hochul announced on Monday that Rep. Antonio Delgado would be sworn in as her new lieutenant governor on Wednesday, allowing her to consolidate the special election for Delgado's House seat with the Aug. 23 primary for U.S. House and state Senate races. A new state law says that the governor has 10 days after a congressional vacancy to schedule a special election, which must take place 70 to 80 days thereafter. That gives Hochul a maximum window of 90 days, which is why Delgado has delayed his departure from Congress, even though his appointment was announced several weeks ago.

NY-23 (special): Democratic county chairs in New York's 23rd Congressional District have selected Air Force veteran Max Della Pia to run in the upcoming special election to replace former GOP Rep. Tom Reed. Republicans have yet to pick their nominee for the special, which will take place under the old district lines. Della Pia, who earned a Bronze Star in Afghanistan, says he will also run in November for the new 23rd District. The old district voted for Donald Trump 55-43; the new version would have backed him 58-40.

Gov. Kathy Hochul has yet to schedule the special, though it will likely be consolidated with the Aug. 23 primary for U.S. House and state Senate races. But while Reed announced that he would resign effective immediately on May 10, state officials say they have yet to receive a letter from the congressman informing them of a vacancy. Reed may be delaying transmission of such a letter for the same reason Democratic Rep. Antonio Delgado has likewise not yet vacated his seat—see our NY-19 item just above. It's less clear, however, why Reed might wish to make election administration easier for Hochul, a Democrat, though he has sometimes dissented from GOP orthodoxy.

OR-06: We now know how much it costs to bend a top Democratic super PAC to your will: $5 million.

As we learned late on Friday night, cryptocurrency billionaire Sam Bankman-Fried donated $6 million to the House Majority PAC on April 4, just days before HMP began spending $1 million to boost first-time candidate Carrick Flynn in the Democratic primary for Oregon's brand-new 6th Congressional District.

The move infuriated countless Democrats, who demanded to know why HMP, which had never before involved itself in a primary like this in its decade-long existence, had chosen this race to break with past practice. It particularly enraged the Congressional Hispanic Caucus, which was backing state Rep. Andrea Salinas and had given the PAC more than $6 million since 2012 in order to defeat Republicans, not fellow Democrats.

The group's only explanation was transparent bullshit: "House Majority PAC is dedicated to doing whatever it takes to secure a Democratic House majority in 2022," a spokesperson said, "and we believe supporting Carrick Flynn is a step towards accomplishing that goal." No one believed that, prompting widespread speculation, as a campaign manager for a rival campaign put it, "that promises have been made."

HMP's financial report for the month of April, however, was not due at the FEC until May 20—three days after the primary. That's why we're only now finding out exactly what that promise appears to have been.

Bankman-Fried himself spent far more heavily on Flynn through his own super PAC, Protect Our Future, which ultimately shelled out an astonishing $11.4 million directly—some of which even went to attack Salinas—as well as nearly a million dollars more indirectly. Bankman-Fried's interest in Flynn was never clear, however. Supporters claimed that Bankman-Fried was drawn to Flynn because of a shared interest in pandemic preparedness, but Bankman-Fried was publicly silent about the race until just days prior to the election, and Flynn didn't campaign on the issue.

(Flynn had denied knowing Bankman-Fried, but his wife had once worked at the same organization as his benefactor, and Flynn acknowledged he was friends with Bankman-Fried's brother, Gabriel, who's heavily involved in the family's political giving. Campaigns and super PACs, by law, are not allowed to coordinate their activities.)

What's even less clear is why Bankman-Fried would bother making his arrangement with House Majority PAC in the first place. Given his apparently limitless resources, he could have easily sent another million bucks to Protect Our Future had he wanted to. Instead, he spent six times that amount to net just a $1 million boost for his preferred candidate. You don't need to be a titan of finance to know how appalling that rate of return is, unless your actual aim is to prove you can make a major arm of the Democratic Party do your bidding.

In the short term, at least, Bankman-Fried's efforts on behalf of Flynn—and HMP's decision to sell out on his behalf—were a debacle. Salinas doubled up Flynn, winning the nomination 36-18, and Flynn's final cost-per-vote will likely exceed $1,000—another terrible return on investment. HMP will also have some serious relationship-mending to do, especially with the CHC.

But even though Bankman-Fried failed to buy a congressional election, he was able to buy the most important super PAC devoted to winning House races for Democrats. For a system already awash in dark money, it's a dark sign for the future.

PA-12: On Friday evening, the Associated Press called the extremely close Democratic primary in Pennsylvania's open 12th District for state Rep. Summer Lee, who defeated Steve Irwin, a former head of the state Securities Commission, by a 41.8 to 41.1 margin. Lee, who presented herself as the more progressive option, would be the first Black woman to represent Pennsylvania in Congress. Lee will be the heavy favorite in this Pittsburgh-based district, which would have voted for Joe Biden 59-40, against Plum Borough Councilman Mike Doyle, a Republican who happens to share the same name as the retiring Democratic incumbent.

VA-10: Navy veteran Hung Cao won the GOP nomination for Virginia's 10th Congressional District in a major upset on Saturday, defeating the better-known and better-funded Jeanine Lawson, a member of the Prince William Board of County Supervisors, by a 52-34 margin in the seventh and final round of an instant runoff. Rather than rely on a traditional state-run primary, Republicans used a party-run "firehouse primary" that saw a total turnout of about 15,000 voters. By contrast, the last contested primary in this district in a midterm year saw 53,000 people turn out to vote in the Democratic nominating contest in 2018, which then-state Sen. Jennifer Wexton won easily.

Wexton went on to oust Republican Rep. Barbara Comstock by a wide 56-44 margin that November in a northern Virginia district that's rapidly moved to the left in recent years and won re-election by a similar spread. Under the new lines, the 10th would have voted for Joe Biden 58-40, according to Dave's Redistricting App, which is very similar to the president's performance in the previous version of this seat. However, Republican Gov. Glenn Youngkin lost the 10th just 52-47 in his successful bid for governor last year, per OurCampaigns.

Ad Roundup

Morning Digest: Jeff Merkley slams top super PAC’s spending in House primary as ‘flat-out wrong’

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

Subscribe to our podcast, The Downballot!

Leading Off

OR-06: In an unprecedented move that was greeted with instant fury by local and national Democrats alike, the House Majority PAC began spending at least $1 million this week on TV ads promoting the campaign of Carrick Flynn, one of seven Democrats seeking to represent Oregon's brand-new 6th Congressional District.

The other six candidates released an unusual joint statement condemning the move on Monday, calling out the fact that four of the contenders are women, including three women of color. (Flynn is a white man.) "This effort by the political arm of the Democratic establishment to buy this race for one candidate is a slap in the face to every Democratic voter and volunteer in Oregon," read the press release, "and is especially concerning in a year when all resources must go to protecting the Democratic majority."

Oregon Sen. Jeff Merkley, who hasn't backed anyone in the race, piled on as well, calling HMP's actions "flat-out wrong". Meanwhile, the Congressional Hispanic Caucus's BOLD PAC, which has endorsed state Rep. Andrea Salinas, also excoriated HMP, arguing that "Democrats should be doubling-down on their investments to empower Latino and Latina candidates" and pointing out that no Hispanic person has ever represented Oregon in Congress. (One unnamed operative wondered aloud to The Hill's Rafael Bernal whether HMP's decision might "affect[] the relationship where Bold PAC is no longer a large donor to HMP like they've been in the past." The CHC has given more than $6 million to HMP since 2012.)

Campaign Action

In response, a spokesperson for HMP offered a spectacularly unconvincing explanation for the group's new spending. "House Majority PAC is dedicated to doing whatever it takes to secure a Democratic House majority in 2022, and we believe supporting Carrick Flynn is a step towards accomplishing that goal," said communications director CJ Warnke in a statement. "Flynn is a strong, forward-looking son of Oregon who is dedicated to delivering for families in the 6th District."

There's nothing so special about Flynn that he's a must-have nominee—and if there were, he wouldn't need all this help. As Merkley says, Democrats "have multiple strong candidates" who could all win the 6th District, a newly created seat in the Portland suburbs that Joe Biden would have carried by a 55-42 margin.

But what really makes HMP's claim impossible to believe is that the PAC, in its decade-long existence, has never before involved itself in a primary like this. Virtually all of the organization's spending since inception has been devoted to winning general elections. Just twice has HMP reported spending anything to support Democratic candidates in primaries, and in both cases, they were seeking open seats in California where Democrats were worried about getting locked out of the November election due to the state's top-two primary rules: Julia Brownley in the old 26th District in 2012 and then Salud Carbajal in the old 24th in 2016—ironically, a joint effort with the CHC. The PAC has never simply taken sides in a traditional partisan primary.

So why now? Flynn has already been the beneficiary of a $5 million TV and radio ad campaign by another super PAC called Protect Our Future, which is funded by a free-spending 30-year-old billionaire named Sam Bankman-Fried, who made his fortune in cryptocurrency and has lately been seeking to influence policy-making on that front in D.C. (Forbes says he's worth $24 billion. Incidentally, the CEO of the crypto exchange Bankman-Fried founded, Ryan Salame, just this week announced the formation of a similar super PAC aimed at Republicans.)

Bankman-Fried's interest in Flynn is unclear—the candidate claims he has "never met or talked to" his benefactor, and any coordination between the two would be illegal—but Protect Our Future's involvement in the race has prompted a great deal of speculation. As the campaign manager for engineer Matt West, one of the other Democratic hopefuls, put it to OPB's Dirk VanderHart, "Do I know exactly what was exchanged by [Bankman-Fried's] people and [House Majority PAC's] people? No, but I can speculate, as can everyone, that promises have been made."

In other words, goes this line of thinking, HMP is breaking with 10 years of tradition to help Flynn in the expectation that Bankman-Fried will come through with a presumably larger donation to the PAC, which in 2020 eclipsed the DCCC as the largest outside spender on House races on the Democratic side. But if this theory is true, what makes things even more bizarre is that Bankman-Fried could easily dump as much money as he'd like to boost Flynn through his own super PAC. Why go through HMP, then, unless this is a play for winning influence within a major arm of the Democratic Party?

It'll likely be a while before we find out the full story, though. HMP files financial reports with the FEC every month, but the report detailing any transactions in the month of April won't be available until May 20—three days after the Oregon primary.

As for the ad itself, it's narrated by small businessman Quandray "Q" Robertson, who says, "As an owner of a boxing gym, I know a fighter when I see one." Though Robertson is shown prepping and later sparring with a boxer, he means it metaphorically, as the athlete on-screen is not actually Flynn. Instead, says Robertson, Flynn will "stand up to the Trump Republicans" while tackling climate change and prescription drug costs.

Meanwhile, Salinas has also released her first TV ad of the race, which she narrates herself. She says her father "started working the fields" but found a "path to citizenship, and a better life" thanks to his military service in Vietnam. With his experience as inspiration, she says she "passed the country's strongest reproductive rights law," fought for lower drug prices, and "took on polluters to combat climate change."

Redistricting

NH Redistricting: The New Hampshire Supreme Court has appointed Stanford Law professor Nathan Persily as a special master to draw a new congressional map for the state in the event that a deadlock between the Republican-run legislature and GOP Gov. Chris Sununu remains unresolved. The court, however, cautioned that it was only taking "preliminary steps … in the event that the legislative process fails to produce a fully enacted congressional redistricting plan."

NY Redistricting: A New York appellate judge has kept in place a stay of a recent lower court ruling that struck down the state's new congressional and legislative maps, allowing this year's elections to proceed under the new lines, for now. However, Appellate Division Judge Stephen Lindley did say that the trial court judge, Patrick McAllister, could proceed with hiring a special master to draw a new congressional map, which could be used in the event that the state's highest court, the Court of Appeals, upholds McAllister's decision.

1Q Fundraising

  • AZ-Sen: Mark Brnovich (R): $765,000 raised  
  • OH-Sen: Tim Ryan (D): $4.1 million raised, $6.4 million cash-on-hand
  • UT-Sen: Mike Lee (R-inc): $1.35 million raised, $2.42 million cash-on-hand
  • WI-Sen: Mandela Barnes (D): $1.7 million raised
  • NE-Gov: Jim Pillen (R): $2.3 million raised (through April 5), $2.9 million cash-on-hand
  • CA-27: Quaye Quartey (D): $320,000 raised  
  • IA-02: Liz Mathis (D): $715,000 raised, $1.3 million cash-on-hand
  • NJ-07: Tom Malinowski (D-inc): $1.06 million raised, $3.5 million cash-on-hand; Tom Kean Jr. (R): $840,000 raised, $1.5 million cash-on-hand
  • NV-01: Carolina Serrano (R): $275,000 raised, $250,000 cash-on-hand
  • OR-06: Andrea Salinas (D): $340,000 raised  
  • PA-12: Steve Irwin (D): $600,000 raised  
  • PA-17: Jeremy Shaffer (R): $670,000 raised, $615,000 cash-on-hand
  • SC-01: Katie Arrington (R): $307,000 raised (in 52 days), additional $500,000 self-funded, $750,000 cash-on-hand

Senate

AZ-Sen: Democratic Sen. Mark Kelly's new spot features footage of the former astronaut in zero-g as he tells the audience, "Compared to Congress, the way NASA operates might seem kind of upside down. Putting the mission first. Working as a team. And getting the job done —no matter what." The senator proclaims that he's "doing things differently" than the rest of the D.C. crowd and will "put aside the party politics so we can accomplish results, together."

NC-Sen: SurveyUSA takes a look at the May 17 Republican primary on behalf of WRAL and finds Rep. Ted Budd beating former Gov. Pat McCrory 33-23, with just 7% going to former Rep. Mark Walker. Several other recent polls have also given Budd the lead.

NV-Sen, NV-Gov: The Reno Gazette-Journal has released a poll from Suffolk University testing several different hypothetical general election scenarios for Senate and governor, and it finds things close overall. Former Attorney General Adam Laxalt posts a 43-40 advantage over Democratic Sen. Catherine Cortez Masto, while Army veteran Sam Brown, who is the underdog in the June Republican primary, edges her out 40-39.

Turning to the governor's race, Suffolk pits Democratic incumbent Steve Sisolak against five different Republicans:

41-29 vs. venture capitalist Guy Nohra

39-35 vs. attorney Joey Gilbert

39-39 vs. former Sen. Dean Heller

37-39 vs. Clark County Sheriff Joe Lombardo

37-40 vs. North Las Vegas Mayor John Lee

PA-Sen: Lt. Gov. John Fetterman has publicized an internal from GBAO that finds him leading Rep. Conor Lamb 44-19 in the May 17 Democratic primary, while state Rep. Malcolm Kenyatta takes 17.

On the GOP side, TV personality Mehmet Oz is trumpeting his endorsement from Trump in his new ad, and he also gets in a swipe at former hedge fund manager David McCormick. "Trump knows who the real conservative is who's gonna shake up Washington," says the narrator. "It's not David McCormick, the liberal pro-Biden, pro-China, Wall Street insider."

Governors

GA-Gov: Gov. Brian Kemp's allies at Hardworking Georgians are out with a Cygnal poll arguing that he's in a strong position both to claim the Republican nod and defeat Democrat Stacey Abrams in the fall. The survey shows Kemp taking 49% of the vote on May 24, which is tantalizingly close to the majority he needs to avoid a July runoff, while former Sen. David Perdue is well behind with 33%; Cygnal also finds the incumbent ahead 52-37 in a two-person contest. The general election portion gives Kemp a 50-44 lead in a rematch with Abrams even as she edges out Perdue 48-47.

Abrams, for her part, is continuing to run positive spots to reintroduce herself to voters. One ad is based around a testimonial from Lara Hodgson, an independent who describes how she partnered with Abrams to build a successful small business. The spot briefly alludes to the candidate's recent cameo on "Star Trek: Discovery" when Abrams explains that she and her co-star are a bit different: "Laura's more Star Wars," says Abrams, to which Hodgson responds, "Stacey's … Star Trek." Another commercial features a Macon restaurateur crediting Abrams for helping her and her community during the pandemic.

MN-Gov: State Sen. Paul Gazelka has picked up an endorsement from the Minnesota Police and Peace Officers Association, which is the largest police union in the state, in his quest for the Republican nomination for governor. The Minnesota Reformer described the development as a "blow to former Hennepin County Sheriff Rich Stanek," who is one of the many other Republicans who is competing for the state party endorsement at the May 13-14 convention.

OK-Gov: While Gov. Kevin Stitt had looked secure ahead of his June Republican primary, NBC reports that two dark money groups have together spent a hefty $3.3 million to derail him. The incumbent is now firing back with an ad declaring, "The insiders and casino bosses are spending millions to attack Kevin Stitt because he won't do their bidding, resorting to lies, smears, even actors." The story says that Stitt has spent a total of $468,000 on ads so far, while his allies at the RGA are deploying another $577,000 to support him.

Stitt only picked up a notable intra-party challenger last month when Oklahoma Department of Veterans Affairs Director Joel Kintsel launched his bid to unseat his boss, but the offensive against the governor began well before then. All the way back in December, an organization called Conservative Voice of America began running ads attacking Stitt for approving the 2020 release of an inmate named Lawrence Anderson, who was charged the next year with murdering three people, while another group called Sooner State Leadership has deployed similar messaging. (Public Radio Tulsa said Anderson's release was "apparently recommended by the state pardon and parole board by mistake.")

CVA, per NBC, has spent $1.7 million so far, while SSLF has dropped a similar $1.6 million. A third outfit, The Oklahoma Project, said in December that it would spend $500,000 total to thwart Stitt. The group's messaging has been different from that of the other two, though, as its ads have argued that the governor has failed to achieve results.

Last month, Fox 23 sought to learn more about Stitt's critics. It traced TOP's donations back to George Krumme, an oilman and longtime member of the Democratic National Committee. SSLF, meanwhile, was formed by former GOP state Rep. Trebor Worthen, but the organization is not required to divulge its donors. Worthen, in the words of KOCO, said his group "is made up of business and community leaders dedicated to encouraging strong leadership in Oklahoma," adding that it planned to spend a total of $10 million. There's even less information available about CVA except that it's run by longtime lobbyist and Republican staffer Mike Cys.

PA-Gov: Tuesday was a truly chaotic day in Pennsylvania's Republican primary for governor that began with Donald Trump urging voters, "Do not vote for Bill McSwain, a coward, who let our Country down." Multiple media sources reported minutes later that state Senate President Pro Tempore Jake Corman was about to drop out of the race, but while Corman himself essentially confirmed those stories in the afternoon by asking that his name be removed from the May 17 ballot, there was one last twist left: Corman announced in the early evening that he'd decided to stay in the contest because of "President Trump's statement on the race and my conversation directly with the president."

We'll start with McSwain, who appeared to be in a good position until Trump declared he'd never endorse the man he'd once appointed as U.S. attorney for the eastern portion of the state. Trump reiterated the Big Lie to pummel the candidate, claiming that McSwain "did absolutely nothing on the massive Election Fraud that took place in Philadelphia and throughout the commonwealth."

That was dismaying news for McSwain, who had in fact tried to use the Big Lie to gain, rather than lose, Trump's support. His efforts included a letter to Trump last year claiming that his office had "received various allegations of voter fraud and election irregularities" and alleging that "Attorney General Barr, however, instructed me not to make any public statements or put out any press releases regarding possible election irregularities."

Trump was all too happy at the time to use McSwain's missive to backup his own lies and bludgeon Barr, who responded by saying his old subordinate "wanted to not do the business of the department, which is to investigate cases, but instead go out and flap his gums about what he didn't like about the election overall." On Tuesday, though, McSwain got to be the victim of his own words when Trump claimed he "knew what was happening and let it go. It was there for the taking and he failed so badly."

All of this drama inspired Corman to continue a once-promising campaign that he was about to end after several major setbacks. Corman was arguably the primary frontrunner when he entered the race to succeed termed-out Democratic Gov. Tom Wolf back in November, and he raised more money than any of his intra-party rivals in 2021. However, the Philadelphia Inquirer reported that his team initially believed they would bring in considerably more during that time: The state Senate leader seemed to agree as he soon went through an intense staff shakeup, but he never managed to fix things.

Corman ended late March with just over $270,000 left in his campaign coffers, and McSwain ominously didn't even bother to mention him in a recent ad targeting three other opponents. Corman himself seemed to recognize he was doomed on Tuesday when he formally sought to have a state court remove his name from the ballot, but hours later he filed a new petition asking the body to ignore that first request. He explained that he'd spoken to Trump, who "encouraged me to keep fighting, and that's what I'm going to do – keep fighting for the people of Pennsylvania." This saga may not be quite over, though, as ABC27 writes, "It is not guaranteed Corman will be able to remain in the race after his first petition was filed."

VT-Gov: Republican Gov. Phil Scott reiterated this week that he wouldn't announce whether he'll seek a fourth two-year term until Vermont's legislative session adjourns May 20, and he insisted to NBC 5 that he was truly undecided. "I think a lot depends on what happens in the next month with the Legislature in this legislative session—what we accomplish and what we don't," said the governor, who currently faces no serious opposition from either party. The filing deadline is May 26, so a Scott retirement would give other candidates very little time to make up their minds if he does indeed wait as long as he says he will to make up his mind.

House

MN-01: Former Department of Agriculture official Brad Finstad has earned endorsements from Reps. Michelle Fischbach and Pete Stauber, who represent the 7th and 8th Districts in the northern part of the state, ahead of the May 24 special Republican primary.

MT-01: In her opening ad for the June Democratic primary, public health expert Cora Neumann stands in front of her modest childhood home in Bozeman and tells the audience, "But now, houses like this are surrounded by mansions like this. And everyone is paying more." She continues, "In Congress, I'll go after rich outsiders driving up costs, take on price gougers, and fight for housing we can actually afford."

NC-13: Former state Sen. Sam Searcy says in his inaugural spot for next month's Democratic primary that his family's job and housing struggles motivated him "to help folks." Searcy continues by saying that in the legislature he "fought like hell to expand Medicaid, and stood with Gov. Cooper to stop Republicans from restricting voting rights and a woman's right to choose."

PA-12: EMILY's List, which is supporting state Rep. Summer Lee in next month's Democratic primary, is out with a poll from GQR that shows her outpacing attorney Steve Irwin 38-13. This is the first survey we've seen of the contest for this open seat.

WV-02: Rep. Alex Mooney has released a new internal from Public Opinion Strategies that gives him a 42-31 lead over fellow incumbent David McKinley ahead of the May 10 GOP primary. The last survey we saw was a March poll for the West Virginia Chamber of Commerce that put McKinley ahead 38-33; the organization had not yet endorsed anyone when that poll was released, but it and the West Virginia Manufacturing Association both backed McKinley this week.

CLF: The Congressional Leadership Fund, the well-funded super PAC aligned with the Republican House leadership, has endorsed seven more House candidates challenging Democratic incumbents:

  • AZ-04: Tanya Wheeless
  • NV-03: April Becker
  • NY-18: Colin Schmitt
  • NY-19: Marc Molinaro
  • PA-08: Jim Bognet
  • TX-28: Cassy Garcia
  • TX-34: Mayra Flores

Two of these candidates face notable intra-party opposition: Wheeless has to get past Chandler City Councilman Rene Lopez before she can take on Arizona Rep. Greg Stanton, while Garcia faces a May 24 runoff against 2020 nominee Sandra Whitten in Texas' 28th District. (Democrats have a far more high-profile contest that day between conservative Rep. Henry Cuellar and attorney Jessica Cisneros.) Flores, meanwhile, is already the GOP nominee, while the other four contenders should have little trouble in their own primaries.

Attorneys General

SD-AG: South Dakota's Republican-run state House voted to impeach state Attorney General Jason Ravnsborg by a 36-31 margin on Tuesday, a move that temporarily suspends Ravnsborg from his job while he awaits trial in the state Senate.

Last year, Ravnsborg, a Republican, pleaded guilty to misdemeanor charges for striking and killing a man with his car in September of 2020 but avoided jail time. A special investigative committee recommended against impeaching Ravnsborg last month, saying he had not committed a "crime or other wrongful act involving moral turpitude by virtue or authority of his office" because he wasn't on duty as attorney general at the time of the accident.

However, a majority of lawmakers disagreed with that interpretation, noting among other things that Ravnsborg had identified himself as attorney general in a call to 911 the night of the crash. All eight Democrats were joined by 28 Republicans in favor of impeachment, while 31 Republicans voted against. Ravnsborg would be permanently removed from office if two-thirds of the Senate, which can commence a trial no sooner than May 2, votes to convict him.

Other Races

NY-LG: Lt. Gov. Brian Benjamin resigned Tuesday afternoon hours after he was indicted on federal bribery charges, but because it's notoriously difficult to get off the ballot in New York, he will likely still be listed as a nominal candidate in the June Democratic primary. All of this presents a major complication for Gov. Kathy Hochul, who appointed Benjamin to succeed her as lieutenant governor last year and now faces the prospect of winding up with a running mate she's at odds with.

That's because candidates for governor and lieutenant governor compete in separate nomination contests before running as a ticket in the general election, though Hochul and Benjamin had been running together and urging voters to select them both. The remaining candidates for lieutenant governor have likewise each linked themselves with one of the governor's primary foes: former New York City Councilwoman Diana Reyna is allied with Rep. Tom Suozzi, while activist Ana María Archila is running alongside New York City Public Advocate Jumaane Williams.

The candidate filing deadline passed last week, so it's too late for Hochul to recruit a new number two. It's possible that Hochul could decide to support one of the two remaining candidates for lieutenant governor, though Archila responded to Benjamin's arrest by saying, "The governor announced that she would bring a new day, and I'm not sure that's the case." Hochul to date has been the frontrunner in her own race from day one, as every poll has found her far ahead of Williams and Suozzi, though both of her rivals are hoping that Benjamin's downfall will change the calculus.

Benjamin, for his part, has far more than electoral chemistry to worry about. Federal prosecutors allege that, in his previous position as a state senator, he steered taxpayer money to real estate investor Gerald Migdol in exchange for political contributions. The authorities say that Migdol faked the origins of dozens of donations to Benjamin's 2021 bid for New York City comptroller so that Benjamin could more easily qualify for public financing.

Benjamin badly lost that primary, but his career was temporarily revived months later when Hochul, who had ascended to the governorship after Andrew Cuomo resigned in disgrace, picked him as the new lieutenant governor. Hochul, a white Democrat from upstate New York, sought proverbial "balance" on her ticket by tapping a Black politico from New York City, though questions had been swirling about Benjamin's campaign finances well before he was selected.

P.S. Hochul will once again be able to fill the now-vacant lieutenant governorship, just as she did when she herself ascended to the top job after Andrew Cuomo resigned in disgrace. Notably, she can do so unilaterally, with no confirmation vote from the legislature required.

Morning Digest: Tennessee GOP’s bill would block Trump’s pick, but they’ll need courts to agree

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

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Leading Off

TN-05: Tennessee lawmakers have sent a bill to Gov. Bill Lee that would impose a requirement that House candidates reside in their districts for three years before becoming eligible to run, a move that seems to be aimed at blocking one contender in particular: former State Department spokesperson Morgan Ortagus, who is Trump's endorsed candidate for the August Republican primary in the newly gerrymandered 5th District.

The legislation could have a tough time surviving a court challenge, however, because of a 1995 Supreme Court decision holding that states cannot add further qualifications to candidates for Congress that aren't already in the Constitution: namely, a minimum age and length of U.S. citizenship, and residency in the state—but, crucially, not the district—they're seeking to represent.

However, one of the measure's proponents said he hoped that the court would now revisit its earlier ruling, a five-to-four decision that saw swing Justice Anthony Kennedy join four liberal justices in the majority to strike down term-limits laws. On the other side, a well-financed group called Tennessee Conservative PAC says it would sue to stop the bill, though Ortagus herself hasn't said if she'd go to court.

Ortagus moved to Tennessee last year from D.C., and critics have cast her as an interloper. She didn't help her cause last month when, during an appearance on a conservative radio show, she bombed the host's quiz about the new 5th District and state. Many observers have argued that the legislature crafted this bill as an attack on Ortagus, especially since its sponsor, state Sen. Frank Niceley, has made it clear he's not a fan: Niceley said earlier this month, "I'll vote for Trump as long as he lives. But I don't want him coming out here to tell me who to vote for."

Another GOP contender, music video producer Robby Starbuck, has argued that this legislation is meant to harm him as well. However, the former Californian now says that he'd meet the residency requirements of the newest version of the bill.

The Downballot

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So drop a comment below, email us at thedownballot@dailykos.com, or tweet at us at @DKElections. We welcome any and all questions, and they don't even have to be in the form of a question! If there's a specific election you're interested in, just name it.

We record each week at 5 PM ET on Wednesdays, so please get your thoughts to us before then. New episodes come out Thursday mornings, and to make sure you get the next one as soon as it drops, you can subscribe to The Downballot on all major podcast platforms. (If your favorite platform isn't listed at the link, let us know!)

And if you haven't had the chance to listen yet, our most recent episode is right here. You can also find a transcript here. We look forward to hearing from you!

Redistricting

FL Redistricting: As promised, Republican Gov. Ron DeSantis vetoed the new congressional map passed by Florida's GOP-run legislature, which responded by saying it would convene a special session starting April 19 to draw new districts. The Republican leaders of both chambers released a statement saying their goal is to pass a plan that would be "signed by the Governor," suggesting they aren't interested in working with Democrats to craft a veto-proof plan—at least for now.

MD Redistricting: Maryland's Democratic-run state Senate quickly passed a new congressional map on Tuesday after introducing it the prior evening, with action in the state House likely by Wednesday's court-imposed deadline to enact a remedial redistricting plan.

The new map would return the 1st District to dark-red status by resituating it almost entirely on the conservative Eastern Shore and undoing its jump across the Chesapeake Bay that had it take in blue-leaning turf around the state capital of Annapolis. As a result, the revamped 1st would have voted for Donald Trump by a comfortable 56-42 margin, according to Dave's Redistricting App, instead of giving Joe Biden a 49-48 edge as it did under the Democrats' now-invalidated map. The change would mean smooth sailing for the state's lone Republican congressman, Rep. Andy Harris.

The latest revisions also make the 6th District, held by Democratic Rep. David Trone, noticeably redder as well: It would have gone 54-44 for Biden, instead of 60-38, and just 47-46 for Hillary Clinton in 2016. The changes appear to be aimed at pleasing the courts, at least in part, by presenting a map that, to the naked eye, simply looks nicer than the one it's replacing. This superficial view that a map ought to appear pleasing can often lead to misleading analysis—we've dubbed the concept a "prettymander"—but even the Supreme Court has objected to election districts on the grounds of their "bizarre shape."

As for the other six districts, they'd all remain safely blue, even though their configurations would all change considerably. But this new map might not see use this year: Tucked in at the end of the legislation is a provision that would revert the state back to the prior map if the court ruling that struck it down is overturned on appeal. It's still not clear whether there will be an appeal, though a spokesperson for Democratic Attorney General Brian Frosh said that the legislature's choice to move forward with a new map would not affect any decision on whether to appeal.

MO Redistricting: On a wide bipartisan vote, the Missouri House sharply rejected a new congressional map that passed the state Senate last week after far-right renegades caved to GOP leaders, despite the fact that the state's candidate filing deadline came and went on Tuesday.

In so doing, the House also voted to establish a conference committee with the Senate to hash out a compromise, but we might not even get that far: One House Republican said he believed that some senators would filibuster any motion for a conference committee—the same tactic hardliners used to hold up passage of the map in the first place. Lawsuits have already been filed asking the courts to step in and draw new districts in the event of a continued impasse.

OH Redistricting: Ohio's Republican-dominated redistricting commission passed a fourth set of legislative maps late on Monday night on a 4-3 vote by making relatively small adjustments to the maps the state Supreme Court most recently rejected. Just hours before Monday's court-imposed deadline, the commission abandoned efforts to have a bipartisan pair of consultants draw new districts from scratch; by instead approving maps similar to those that were previously struck down, it's courting yet another adverse ruling.

The commission, however, seems to have scored a lucky break on the congressional front, as it appears to have run out the clock on a separate legal challenge to the heavily slanted map it passed in favor of the GOP earlier this month, at least for this year. The state Supreme Court issued a scheduling order on Tuesday that would not see briefing conclude for another two months—well after the state's May 3 primary.

A group of voters backed by national Democrats has continued to argue that the map, which closely resembles a prior iteration that was struck down by the Supreme Court as an illegal partisan gerrymander, should again be invalidated. However, a second group of plaintiffs, led by the Ohio League of Women Voters and represented by the state chapter of ACLU of Ohio, has conceded the matter, saying in a filing that they "do not currently seek relief as regards to the 2022 election."

Senate

GA-Sen: AdImpact tweets that Senate Majority PAC has booked at least $24.4 million in fall TV time to aid Democratic incumbent Raphael Warnock, which is $11 million more than previously reported.

MO-Sen: Former state Sen. Scott Sifton said Monday night, just one day before candidate filing was to close, that he was dropping out of the Democratic primary and endorsing philanthropist Trudy Busch Valentine, a first-time candidate who announced her own bid the following day. Busch Valentine is the daughter of the late August Busch Jr., who was instrumental in the success of the St. Louis-based brewing giant Anheuser-Busch, and she previously donated $4 million of her money to St. Louis University's nursing school (now known as the Trudy Busch Valentine School of Nursing). Busch Valentine will face Marine veteran Lucas Kunce in the August primary.

OH-Sen: Rep. Tim Ryan's campaign says he's launching a $3.3 million opening ad buy for the Democratic primary, and he uses his first spot to repeatedly attack China. "Washington's wasting our time on stupid fights," the congressman says, continuing, "China is out-manufacturing us left and right. Left and right."

WI-Sen: Lt. Gov. Mandela Barnes' new internal from Impact Research (formerly known as Anzalone Liszt Grove or ALG) gives him a 38-17 lead over Milwaukee Bucks executive Alex Lasry in the August Democratic primary, with state Treasurer Sarah Godlewski and Outagamie County Executive Tom Nelson at 9% and 8%, respectively. Back in December, the firm found Barnes with a 40-11 advantage against Lasry.

Governors

CT-Gov: Democratic incumbent Ned Lamont uses his first TV spot to talk about how he managed to balance the budget without raising taxes, saying, "We turned a massive budget deficit into a $3 billion surplus. While investing in schools, healthcare, and public safety." The governor continues, "And now we are cutting your car tax and your gas tax."

GA-Gov: Former Sen. David Perdue is continuing his all-Trump all-the-time advertising strategy for the May GOP primary with a new commercial that uses footage of Trump bashing both incumbent Brian Kemp and Democrat Stacey Abrams at his Saturday rally.

The spot begins with the GOP master bellowing, "Brian Kemp is a turncoat, he's a coward, he's a complete and total disaster." As the crowd repeatedly boos, Trump eggs on his followers by claiming that the governor was "bullied into a consent decree engineered by Stacey Abrams and allowed massive voter fraud to occur throughout the state of Georgia." The only mention of Perdue in the spot comes afterwards as Trump proclaims that he'll "never surrender to Stacey Abrams and the militant radical left, and with your vote we're going to rescue the state of Georgia from the RINOs."

Meanwhile, Perdue's allies at Georgia Action Fund are spending another $955,000 on TV advertising for him, which AdImpact says takes the group's total to $1.64 million.

HI-Gov: Civil Beat reports that Lt. Gov. Josh Green has received endorsements from two of the state's most prominent unions, the Hawaii State Teachers Association and Hawaii Government Employees Association, for the August Democratic primary. Several other labor groups, including the Hawaii Firefighters Association, are also behind Green, who has posted huge leads in the few surveys that have been released.

OH-Gov: Gov. Mike DeWine is spending $131,000 on cable for his first buy for the Republican primary, a spot that extols him for standing up to teachers unions and for police against "radicals."

The commercial comes a week after former Rep. Jim Renacci, who is DeWine's most prominent intra-party foe, deployed $104,000 on his own cable ads, which attack the incumbent for "turning his back" on both Trump and Ohio. Renacci's commercial continues by going after DeWine for "mandating masks on our kids" and argues he's been "governing Ohio just like his liberal friends Joe Biden and Andrew Cuomo would." This is the first time we've seen Cuomo appear in a TV spot outside New York since he resigned last year, and it doesn't even allude to the many scandals that resulted in his downfall.  

WI-Gov: Former Lt. Gov. Rebecca Kleefisch's new spot for the August GOP primary features her bragging about what an "unapologetic" conservative she is.

House

AK-AL: Former state Sen. John Coghill has announced that he'll compete in the June special top-four primary to succeed his fellow Republican, the late Rep. Don Young. Coghill served for 22 years in the legislature and amassed a number of powerful posts, but the Senate Rules Committee chair lost renomination by 14 votes to Robert Myers in 2020 under the old partisan primary system. Myers, who ran to Coghill's right, said of his tiny win, "I know that this election was not about how much people like me. This election was about how much people hated John Coghill."

GA-13: Rep. David Scott has received an endorsement from Stacey Abrams, the once and future Democratic nominee for governor, for his potentially competitive May primary.

MI-13: Public Policy Polling has surveyed the August Democratic primary for this open seat on behalf of the 13th Congressional District Democratic Party Organization, and it finds hedge fund manager John Conyers III leading former Detroit General Counsel Sharon McPhail 19-9, with wealthy state Rep. Shri Thanedar taking third with 7%. The survey, which finds a 43% plurality undecided, was conducted days before Conyers announced his bid.

MO-01: State Sen. Steve Roberts announced Monday evening that he would challenge freshman Rep. Cori Bush, who is one of the most prominent progressives in Congress, in the August Democratic primary for this safely blue seat in St. Louis. Roberts said of the incumbent, "She made a comment that she wanted to defund the Pentagon. The NGA (National Geospatial-Intelligence Agency) is a multi-million dollar project that's in my Senate seat, in the 1st Congressional [District], those folks don't have a voice." His campaign also faulted Bush for casting a vote from the left against the Biden administration's infrastructure package.

Roberts himself was accused of sexual assault by two different women in 2015 and 2017, though he was never charged. Bush's team highlighted the allegations after he announced his bid, saying, "Such men do not belong in public service, much less representing the incredible people of St. Louis in Congress."

PA-17: Navy veteran Chris Deluzio has earned an endorsement from the Allegheny-Fayette Central Labor Council, which the Pittsburgh Tribune-Review describes as the "largest labor coalition in the region," for the May Democratic primary for this competitive open seat.

attorneys general

SD-AG: A committee in South Dakota's GOP-run state House has recommended against impeaching state Attorney General Jason Ravnsborg, a Republican who pleaded guilty to misdemeanor charges last year for striking and killing a man with his car in September of 2020 but avoided jail time. A majority on the committee found that Ravnsborg had not committed a "crime or other wrongful act involving moral turpitude by virtue or authority of his office," but two Democrats disagreed, saying the attorney general had not been "forthcoming to law enforcement officers during the investigation" into the fatal crash.

The development comes despite an overwhelming vote in favor of the impeachment investigation in November, but the committee may not have the last word. The House will reconvene on April 12, when a simple majority could nevertheless vote to impeach.

Other Races

NY-LG: Multiple media outlets report that federal investigators are probing whether Lt. Gov. Brian Benjamin had any knowledge of an alleged scheme to make fraudulent contributions to his unsuccessful bid last year for New York City comptroller. The investigation is centered around Gerald Migdol, a real estate investor whom prosecutors charged last year with faking the origin of dozens of donations so that Benjamin's campaign could more easily qualify for public financing.

The lieutenant governor has not been accused of wrongdoing, and his spokesperson says that Benjamin's campaign for comptroller donated the illicit contributions to the city's Campaign Finance Board as soon as it learned about them. However, the New York Times reports that investigators are looking further into whether Benjamin used his previous post in the state Senate to "direct[] state funding in some way to benefit Mr. Migdol in exchange for the contributions."

Last year, two months after Benjamin lost his bid for comptroller, newly elevated Gov. Kathy Hochul appointed him to fill her previous position as lieutenant governor. Candidates for governor and lieutenant governor of New York compete in separate nomination contests before running as a ticket in the general election, but they can choose to campaign together in the primary and urge voters to select them both. Hochul and Benjamin have been running as an unofficial ticket in June's Democratic primary, but the governor's spokesperson on Monday didn't comment when asked if she'd keep Benjamin on as a running mate.