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

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

Subscribe to The Downballot, our weekly podcast

Leading Off

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

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

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

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

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

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

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

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

The Downballot

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

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

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

Senate

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

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

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

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

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

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

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

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

House

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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Morning Digest: Anti-machine activist could be top contender for key New Jersey House race

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

Subscribe to The Downballot, our weekly podcast

Leading Off

NJ-07: Former Rep. Tom Malinowski told the New Jersey Globe's David Wildstein on Tuesday that he won't run to regain his old House seat from Republican Rep. Tom Kean Jr., but another well-connected figure may be interested in campaigning for North Jersey's 7th Congressional District.

Wildstein reported in March that Sue Altman, who runs the New Jersey Working Families Alliance, was considering seeking the Democratic nod for this competitive district, which Joe Biden took by a narrow 51-47 spread, and he now writes she "could emerge as a leading candidate" with Malinowski taking his name out of contention. Altman is a one-time Republican who emerged as a prominent force in state politics by challenging the power of longtime party boss George Norcross. (Her organization is the state affiliate of the national Working Families Party, which usually backs progressive Democrats rather than run its own general election candidates.)

Altman, Politico wrote last year, has been a crucial backer of Gov. Phil Murphy, especially during his first term when he worked to pass his agenda over Norcross supporters in the legislature. She doesn't appear to have publicly expressed interest in taking on Kean, though she drew attention last month by organizing a protest against the congressman for failing to hold a single in-person town meeting.

It's quite possible that others will also consider running for the 7th, which is based in the southwestern New York City suburbs and exurbs, now that they know they won't face Malinowski. Few names, however, have emerged so far. Former state Sen. Raymond Lesniak, who would be 78 on Election Day, didn't rule out the idea in February, but we haven't heard anything from him since. Wildstein, meanwhile, says three other Democrats have decided not to run: Assemblyman Roy Freiman; former Treasury official Jim Johnson; and Matt Klapper, the chief of staff to U.S. Attorney General Merrick Garland.

Anyone who wants to defeat Kean in the 7th District, which is entirely located in the ultra-expensive New York City media market, will be in for a difficult battle, but it's one Democrats will want to engage in after the Republican's surprisingly underwhelming win last year. Kean, who is the son and namesake of the popular former governor from the 1980s, first challenged Malinowski in 2020 under the old map and held him to a 51-49 victory even as Biden was prevailing here 54-44.

Kean quickly made it clear he would run again after that close loss, while the incumbent's standing took a hit after news broke that he'd failed to disclose millions in stock trades during the beginning of the pandemic. Malinowski's broker claimed the trades were made without the congressman's "input or prior knowledge," but that did little to quiet intra-party fears that his political career would soon come to an end.

Malinowski's future only grew more dire when his own party decided to target him in redistricting. New Jersey Democrats preferred to sacrifice one of their own to ensure the rest of the state's delegation could enjoy friendlier districts, and it was Malinowski who drew the short straw: Democratic power brokers convinced the state's bipartisan redistricting commission to adopt a map that slashed Biden's margin of victory in the 7th from 10 points to just 4 while shoring up vulnerable members elsewhere.

Malinowski decided to run again anyway despite all the obstacles arrayed against him, but while he received some help from national Democrats, they did not make his contest a priority: Though the two largest outside groups on the GOP side ended up deploying $5.7 million to help Kean, their counterparts on the left spent just $1.4 million.

The intense Democratic pessimism may, however, have turned into a self-fulfilling prophecy: Kean, who had been expected to walk over Malinowski, prevailed by just a 51-49 margin. While a win is a win, Kean's squeaker—despite everything else seemingly going his way—will likely ensure that Democrats take a much bigger interest in this race in 2024.

The Downballot

How can Democrats win the messaging war? It turns out there's actually a science to it, as strategic communications consultant Anat Shenker-Osorio tells us on this week's episode of "The Downballot." Shenker-Osorio explains how her research shows the importance of treating voters as protagonists; how Democrats can avoid ceding "freedom" to Republicans by emphasizing "freedoms," plural; and why it actually makes sense to call out "MAGA Republicans" (even though, yes, it's all Republicans).

Co-hosts David Nir and David Beard also break down a major retirement in Delaware, which paves the way for the state to elect its first Black senator, and discuss how the entrance of a prominent candidate in Michigan's Senate race likely means that Democrats will in fact host a genuinely contested primary. It all adds up to the possibility that more Black women will join the Senate in 2025 alone than in all of American history. Finally, the Davids lay out the five-year plan for Democrats to win back the North Carolina Supreme Court and drive a stake into GOP gerrymandering—again.

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

Senate

CA-Sen: Democratic Rep. Barbara Lee has released an internal of next year’s top-two primary from a trio of firms―FM3, EVITARUS, and HIT Strategies―that shows her deep in fourth place before respondents learn more about her:

  • 2022 attorney general candidate Eric Early (R): 27
  • Rep. Katie Porter (D): 24
  • Rep. Adam Schiff (D): 21
  • Rep. Barbara Lee (D): 11

The memo argues that Lee’s deficit comes from her relatively low name recognition, and it shows her doing better once positive bios are read about all three Democrats. (The text of those statements is included.)

This is the very first poll we've seen testing a field that includes Early, who grabs one of the two general election spots here. However, Inside Elections' Jacob Rubashkin notes that Early almost certainly won't be the only Republican on next year's ballot (ten Republicans ran in last year's top-two for California's other Senate seat) and thus won't be able to monopolize the GOP vote the way he does here.  

MT-Sen: While Republican Rep. Ryan Zinke still hasn't quite closed the door on running against Democratic Sen. Jon Tester, he sounded unlikely to go for it in a recent interview with the Flathead Beacon. The congressman instead talked up retired Navy SEAL Tim Sheehy, whom NRSC chair Steve Daines is trying to land.

"We're looking at the [potential] field," Zinke added, "but honest to God I am also concentrated on Appropriations, because I was elected to this job and [it] needs full attention." After citing his other committee assignments, he also declared that "as far as Montana goes I'm in a good position to make sure our interests in the state are well served."

TX-Sen: UT Tyler finds Republican incumbent Ted Cruz leading Democratic Rep. Colin Allred 42-37 in the very first poll we've seen testing this matchup. Allred is currently the only serious Democrat running, though state Sen. Roland Gutierrez reportedly is preparing to jump in after the legislative session ends May 29.

House

AZ-01: Former TV news anchor Marlene Galan Woods on Wednesday joined the busy Democratic primary to take on Republican Rep. David Schweikert for a seat in the Phoenix area that Biden narrowly carried. Woods is the widow of Grant Woods, who served as Arizona's Republican attorney general in the 1990s, and she also identified as a "lifelong Republican" before joining the Democrats during the Trump era. The new candidate, who identified herself as a "moderate" in January, herself hasn't run for office before, though she chaired Democrat Adrian Fontes' victorious campaign for secretary of state last year.

Woods is competing in a crowded nomination contest where there's no obvious early frontrunner. The field includes businessman Andrei Cherny; orthodontist Andrew Horne; former Arizona regional Red Cross CEO Kurt Kroemer; and state Rep. Amish Shah.

AZ-06: Businessman Jack O'Donnell, a former Trump casino executive who has spent decades denouncing his former boss, on Wednesday declared he'd seek the Democratic nod to take on freshman Republican Rep. Juan Ciscomani. He joins a primary that includes 2022 nominee Kirsten Engel, who lost to Ciscomani 51-49 two years after Biden carried this Tucson area constituency by a bare 49.3-49.2.

O'Donnell back in 1987 became a vice president of Trump Plaza in Atlantic City, New Jersey, an experience he followed up four years later with a book titled "Trumped! The Inside Story of the Real Donald Trump—His Cunning Rise and Spectacular Fall." O'Donnell went on to lead a development company and work in what azcentral.com characterizes as the "addiction-recovery industry," but most of his national exposure came during the 2016 election when he made several TV appearances talking about his time with Trump. "When he used the word Mexicans and rapists, together, I went, this is his bigotry at its finest," he told "Frontline" in one interview, "This is really Donald Trump. Because in 26 years, it hasn't changed."

O'Donnell launched his bid by pitching himself as a centrist, arguing, "I think if we continue—and the Democrats can be just as guilty as the Republicans—if you continue to elect people who are far right and far left, it will continue to be more polarized than what it is today." The candidate, by contrast, said, "I really do feel like I am somebody that is in the middle."

CA-14: The House Ethics Committee on Monday informed Democratic Rep. Eric Swalwell that it had closed its two-year probe into allegations that he had ties to a person suspected of being a spy for China and would not take any action. House Speaker Kevin McCarthy cited the allegations earlier this year when he prevented Swalwell, who had served as a manager during Donald Trump's first impeachment, from serving on the House Intelligence Committee.

"Nearly 10 years ago I assisted the FBI in their counterintelligence investigation of a campaign volunteer," the congressman said in statement Tuesday, which he followed up with a tweet declaring, "For years MAGA GOP has falsely smeared me to silence me."

CA-40: Allyson Damikolas, who serves as a trustee on the Tustin Unified School District, announced Wednesday she'd campaign as a Democrat in next year's top-two primary against Republican Rep. Young Kim. Biden carried this constituency in eastern Orange County 50-48, but it's remained friendly to Republicans like Kim down the ballot. Damikolas is the first notable candidate to challenge Kim this cycle, though retired Orange County Fire Capt. Joe Kerr filed FEC paperwork weeks ago.

Conservatives last year tried to recall Damikolas and two of her colleagues for ostensibly promoting critical race theory. Damikolas responded, "The racial subtext seemed obvious given that I'm only the second school board member of Hispanic heritage elected to the Tustin school board in our 50-year history." While the head of the county GOP issued an apocalyptic warning that a failed recall "will only embolden the uber-left," no one turned in signatures to force a vote against any of the three members before the deadline passed.

NY-02: Businessman Rob Lubin declared Tuesday that he'd seek the Democratic nomination to face GOP Rep. Andrew Garbarino, and he said the next day that he'd brought in $220,000 during the first 24 hours of the campaign. Lubin's team tells us that only $6,600 of this came from the candidate, who is the founder of a company he describes as "an industry-leading online marketplace for fashion and apparel."

Donald Trump carried this constituency, which includes the south shore of Suffolk County, just 50-49, but this is another Long Island district where Democrats badly struggled last year. Republican Lee Zeldin, who represented a portion of this seat under the last map, beat Democratic Gov. Kathy Hochul here in a 61-39 landslide, according to Bloomberg's Greg Giroux, while Garbarino won his second term by that very same margin.

OH-09: Former state Rep. Craig Riedel has once again earned the backing of 4th District Rep. Jim Jordan, the prominent far-right extremist who represents a seat to the south, in the GOP contest to take on Democratic incumbent Marcy Kaptur, though that endorsement proved to be of limited value last time. Riedel ran commercials during his 2022 effort touting Jordan's support, but primary voters ultimately favored QAnon ally J.R. Majewski 36-31. Majewski, despite his disastrous general election campaign, is once again competing with Riedel for the right to take on Kaptur.

International

Alberta: One of the most compelling elections this year is taking place on Monday in our neighbor to the north. Though Alberta is a contender for the title of Canada's most conservative province, polls show the center-left New Democratic Party could dethrone the governing United Conservative Party in the race for the province's Legislative Assembly.

  • An eight-decade conservative reign: From 1935 until 2015, right-of-center parties ran Alberta without a break. That finally ended when a far-right splinter party split the vote with the incumbents, allowing the NDP to score a historic victory, but after conservatives reunited under the UCP banner, they easily reclaimed power in 2019.
  • Sound familiar? This time, there's no disunity on the right thanks to the UCP's new leader, an extremist, media-savvy demagogue with a penchant for conspiracy theories that have alienated moderate suburban voters. The UCP's rightward march is a key reason the election is as close as it is.
  • The critical races: As in the race for any state legislature in the U.S., Canadian elections are decided on a district-by-district basis. The key battleground is Alberta's largest city, Calgary, where conservatives have kept a stubborn grip despite the city's growing diversity. The NDP will need to make inroads here if it's to flip enough seats for a majority.

Will the NDP do it? Read more about how this contest has taken shape and find a list of key districts to watch on election night.

Morning Digest: Wisconsin’s 2023 Supreme Court race may decide fate of abortion and gerrymandering

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

WI Supreme Court: With the conservative majority on the Wisconsin Supreme Court on the line in 2023—and with it the outcomes of future battles over fair elections and abortion rights—the contest to succeed retiring conservative Justice Patience Roggensack will likely be one of the most consequential elections in any state next year.

Wednesday was the campaign launch date for conservative Waukesha County Judge Jennifer Dorow, who recently finished presiding over the high-profile trial where Darrell Brooks was sentenced to life in prison for killing six people at last year’s Waukesha Christmas parade. Dorow joins a field that includes former Supreme Court Justice Daniel Kelly, who is also a conservative, and two liberal-aligned candidates, Dane County Judge Everett Mitchell and Milwaukee County Judge Janet Protasiewicz.

All candidates will compete on the same nonpartisan primary ballot on Feb. 21, and the top two contenders will advance to an April 4 general election alongside local elections throughout much of the state that day. Petitioning to get on the ballot starts on Dec. 1, and the filing deadline is Jan. 4.

Although Supreme Court candidates in Wisconsin don't have partisan labels on the ballot, the ideological fault lines have been clear in recent elections, which have looked very similar to partisan contests. One key difference this time, though, is that each side is fielding two candidates apiece, meaning either progressives or conservatives could snag both spots in the second round of voting.

To avoid such a lockout, both factions may try to consolidate around a single standard-bearer before the primary. One far-right billionaire is already signaling that he'll make his influence felt: Dick Uihlein, who along with his wife Elizabeth was the biggest GOP megadonor nationally in 2022, has indicated he'll spend millions backing Kelly.

The election will be pivotal, and abortion rights tops the list of reasons why. Most notably, the U.S. Supreme Court's reversal of Roe v. Wade earlier this year resurrected an 1849 Wisconsin law that makes it a felony to perform an abortion in almost all cases. Democratic Attorney General Josh Kaul, who narrowly won re-election in November, has filed a suit seeking to have that 19th century law ruled unenforceable, a case that will likely wind up before the state Supreme Court.

The court has also been central in the battle against GOP voter suppression efforts. In 2020, Kelly was ousted by liberal Judge Jill Karofsky in an election at the start of the COVID-19 pandemic that was plagued by exceptionally long voting lines due to the closure of most polling places. The court's conservative majority exacerbated the problem by blocking an executive order by Democratic Gov. Tony Evers to delay the election, but Kelly nonetheless lost by a wide 55-45 margin. More recently, the conservative majority ruled in favor of a ban on absentee ballot drop boxes following their widespread adoption in the 2020 elections due to the pandemic.

In addition to restrictions on voting, the court is also critical to the fate of Republican gerrymandering efforts. Heading into the current round of redistricting, Wisconsin's state government was divided, with Evers facing a legislature that Republicans dominated in large part thanks to their previous gerrymanders. When the two parties predictably deadlocked over drawing new congressional and legislative maps, the courts stepped in and took over the process, ostensibly with the aim of drawing neutral lines.

However, in another ruling along ideological lines, the court's conservative majority made up its own requirement that any new maps make only the minimum changes possible when compared to the previous maps, solely to restore population equality. Justice Brian Hagedorn, the lone conservative who is occasionally a swing vote, later sided with his three liberal colleagues to adopt new districts proposed by Evers because they moved fewer residents than GOP proposals did. However, the least-change requirement meant that even the maps proposed by the Democratic governor still heavily favored Republicans compared to their statewide vote share, effectively locking in much of the impact of the prior decade's GOP gerrymanders in all but name.

Wisconsin once again saw the dramatic effects of this rigged redistricting in action this year: Although Evers beat his GOP foe 51-48 and Republican Sen. Ron Johnson turned back his Democratic challenger 50-49, Republicans gained a two-thirds supermajority in the state Senate and fell just two seats shy of one in the Assembly. While Democrats have next to no hope of winning majorities so long as these districts stand, a more independent-minded court could overturn these maps for violating state constitutional protections and order the adoption of fairer maps that more accurately reflect Wisconsin's status as a longtime swing state.

The Downballot

Why did Democrats do so surprisingly well in the midterms? It turns out they ran really good campaigns, as strategist Josh Wolf tells us on this week's episode of The Downballot. That means they defined their opponents aggressively, spent efficiently, and stayed the course despite endless second-guessing in the press. Wolf gives us an inside picture of how exactly these factors played out in the Arizona governor's race, one of the most important Democratic wins of the year. He also shines a light on an unsexy but crucial aspect of every campaign: how to manage a multi-million budget for an enterprise designed to spend down to zero by Election Day.

Co-hosts David Nir and David Beard, meanwhile, take a look at how turnout differed between Republicans and Democrats in 2022 (and why it's bad news for the GOP for 2024); why the Republican House majority is the most precarious it's been in a long time; how bonkers conspiracy theorists in a dark-red county in Arizona could flip two major races by refusing to certify their own votes; and a key special election coming up in Wisconsin that could allow Democrats to roll back the GOP's new supermajority in the state Senate.

New episodes of The Downballot come out every Thursday morning. You can subscribe on Apple Podcasts to make sure you never miss a show. You'll find a transcript of this week's episode right here by noon Eastern Time.

Georgia Runoff

GA-Sen: Senate Majority PAC's Georgia Honor affiliate is deploying another $5.8 million in advertising for the final week of the runoff, and its new spot opens with the narrator proclaiming, "Herschel Walker's violence has hurt so many people." The commercial then plays clips or quotes of both the Republican's ex-wife and son saying he'd threatened to kill them, before the narrator reminds viewers, "An ex-girlfriend says Walker used threats of violence to force her to have an abortion."

Meanwhile, another SMP affiliate, Majority Forward, has announced that it's spending $11 million on a get-out-the-vote effort in partnership with America Votes. Democratic incumbent Raphael Warnock is also airing a minute-long ad starring former President Barack Obama, who opens, "Serious times call for special leaders."

Governors

IN-Gov, IN-Sen: Politico's Adam Wren reported Wednesday that Sen. Mike Braun filed paperwork the previous day for a potential run to succeed his fellow Republican, termed-out Gov. Eric Holcomb. Braun, whose seat is also up in 2024, didn't quite commit to a bid to lead the Hoosier State, saying, "We'll talk to you down the road." Braun's chief of staff, though, sounded far more sure about his boss' plans, telling Wren, "Mike Braun has filed his paperwork to run for governor and will be making an official announcement of his candidacy very soon."

There's already plenty of talk about which Republicans could run to replace Braun in the Senate. A spokesperson for Rep. Jim Banks said last week, "He will strongly consider it if Sen. Braun runs for governor in 2024." Politico also reported back in September that fellow Rep. Victoria Spartz had told people she planned to campaign for an open seat.

It's rare for a first-term senator to leave after just one term, though Braun burned his bridges just after the election when he supported NRSC chair Rick Scott's failed effort to oust Senate Minority Leader Mitch McConnell. It's also fairly unusual for members of the upper chamber to campaign for governor, where most states have term limits for their chief executives.

Indeed, the University of Minnesota's Eric Ostermeier last year found that just three sitting senators have been elected governor during the 21st century, with Kansas Republican Sam Brownback pulling this off most recently in 2010. Louisiana Republican David Vitter also tried this career switch in 2015, but the scandal-ridden senator lost to Democrat John Bel Edwards in a true upset.

House

NJ-07: NJ Spotlight News this week asked outgoing incumbent Tom Malinowski if he planned to seek another bout against Republican Rep.-elect Tom Kean Jr., to which the Democrat responded, "I'm going to stay very very interested in the fate of our district, New Jersey, and the fight for democracy in America. I haven't decided how I'm gonna do that, but I'm certainly not going anywhere." Kean unseated Malinowski 52-48 in a constituency that Biden won 51-47.  

VA-04: Several Democrats aren't ruling out running in the upcoming special election to succeed the late Rep. Donald McEachin, though they're understandably reluctant to say much this soon after the congressman's death. It also remains to be seen how Democrats will choose their nominee for this safely blue Richmond-based seat.  

Del. Lamont Bagby told 8News of McEachin, whom he's called a father or brother figure, "I think it's a little too soon to talk about it, but there is no secret I've always wanted to follow in my big brother's footsteps." Fellow Del. Jeff Bourne likewise relayed that he was still "trying to process the immense loss of such a wonderful father, husband and public servant."

State Sen. Jennifer McClellan, who succeeded McEachin in the legislature, responded, "We're mourning him right now and that is a conversation that probably will be had eventually but I'm not prepared to have it right now." A spokesperson for Richmond Mayor Levar Stoney also declared that a special election bid "is not on the Mayor's mind at all right now."

Finally, state Sen. Joe Morrissey, who has long been one of the most unreliable Democrats in the legislature in between two different stints as an independent, said, "It's way too premature for me to say yay or nay." Morrissey, though, sounded happy where he is as the key vote in Team Blue's 21-19 majority, adding, "I will say this. I love being in the [state] Senate. I love being able to do something substantive for Virginia, and I'm not so sure that being one of 435 members would allow me to be as effective."

Mayors and County Leaders

Denver, CO Mayor: State Rep. Alex Valdez this week became the latest candidate to enter the ever-expanding April 4 nonpartisan primary to succeed Mayor Michael Hancock, a fellow Democrat who cannot seek a fourth term. "The next mayor must be able to bring progressives and moderates together to solve challenges," said Valdez, who previously founded a solar energy company.

Valdez, like several other contenders in what's now a 22 person-field, would be the second Latino elected to lead Colorado's capital and largest city; the first was Federico Peña, who won the first of his two terms in 1983. Valdez would also be the Denver's first gay mayor, a distinction he'd share with fellow state Rep. Leslie Herod.

Prosecutors

Philadelphia, PA District Attorney: The state Senate will begin its trial of Philadelphia District Attorney Larry Krasner, a leading criminal justice reformer whom the outgoing GOP majority in the state House voted to impeach two weeks ago, on Jan. 18, which is after the new legislature takes office. It would take 34 senators to hit the two-thirds majority needed to remove Krasner, and since Republicans will only control 28 of the 50 seats next year, they'd need at least six Democrats to side with them.

That's a tough task, though, especially since just one Democrat, Jimmy Dillon, sided with the GOP on Tuesday on a pair of votes setting the rules for the trial. Potentially complicating things further is the fact that Republican John Gordner resigned this week halfway through his term in order to become counsel to state Senate Interim President Pro Tempore Kim Ward.

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: The next stop on our tour of 2020’s presidential results by district: South Carolina

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

Leading Off

Pres-by-CD: Our project to calculate the 2020 presidential results for all 435 congressional districts nationwide makes its second stop in South Carolina, where Team Red enjoyed a stronger-than-expected year. You can find our complete data set here, which we're updating continuously as the precinct-level election returns we need for our calculations become available. You can also click here to learn more about why this data is so difficult to come by.

Campaign Action

While most Palmetto State polls showed Donald Trump running well behind his 55-41 2016 margin of victory, Trump ended up taking South Carolina by only a slightly smaller 55-43 last week. Trump once again carried six of the state's seven congressional districts, with Joe Biden winning House Majority Whip Jim Clyburn's heavily Democratic 6th District.

The closest constituency, not surprisingly, was the 1st District along the coast, where Trump moved downward from 53-40 to only 52-46. This shift to the left, though, wasn't quite enough for freshman Democratic Rep. Joe Cunningham, who lost re-election 51-49 against Republican Nancy Mace.

Trump carried his other five seats by double digits. The closest was the 2nd District in the Augusta and Columbia suburbs, which supported him 56-39 in 2016 but by a smaller 55-44 in 2020. Democrats hoped before Election Day that veteran Rep. Joe Wilson, a Republican who infamously screamed "You lie!" at Barack Obama during a congressional address in 2009, could be vulnerable there against well-funded Democrat Adair Ford Boroughs, but Wilson won by a comparable 56-43. The 6th District, meanwhile, moved from 67-30 Clinton to 67-32 Biden.

Georgia Runoffs

GA-Sen-A, GA-Sen-B: Though the Georgia runoffs are little more than a week old, Advertising Analytics reports that $45 million has already been spent on the airwaves in both races, with $31 million coming from the campaigns themselves.

Republicans so far make up most of that spending: David Perdue has shelled out $19 million and Kelly Loeffler $6 million, while Democrats Raphael Warnock and Jon Ossoff have spent $4 million and $2 million, respectively. Meanwhile, two super PACs aligned with Mitch McConnell, the Senate Leadership Fund and American Crossroads, are each reportedly putting in $4.5 million.

Loeffler, unsurprisingly, is using her airtime to launch attacks against Warnock, who largely avoided getting targeted with negative ads during the first round of voting since Loeffler was pre-occupied with staving off fellow Republican Doug Collins. Now she's amping the usual GOP playbook to 11.

The first of her two new spots starts with a shot of young school kids (all but one of whom are white) with hands on hearts, presumably reciting the pledge of allegiance. A scary-sounding narrator declares, "This is America—but will it still be if the radical left controls the Senate?"

It gets predictably worse from there. Among other things, the ad claims Warnock "hosted a rally for communist dictator Fidel Castro" while showing some grainy footage from 1995. Warnock doesn't appear in the clip, though: His campaign says he was only a junior member of the staff at the church where Castro spoke and wasn't involved in the decision to invite the late Cuban leader.

The second ad resurfaces Jeremiah Wright, the former Chicago pastor whose incendiary sermons attracted great scrutiny during Barack Obama's first presidential campaign in 2008. It features footage of Wright angrily orating from the pulpit, interspersed with clips of Warnock defending Wright. The spot concludes with the narrator spitting, "Raphael Warnock: a radical's radical."

Warnock was one of several Black clergyman who spoke out on Wright's behalf at the time, saying his most inflammatory remarks had been divorced from the full context of the sermons from which they were drawn. Earlier this year, he stood by his past statements, saying, "Any fair-thinking person would recognize that everything a government does, even the American government, is not consistent with God's dream for the world."

Uncalled Races

Quite a few contests remain uncalled, but we’re tracking all of them on our continually updated cheat-sheet, and of course we’ll cover each of them in the Digest once they’re resolved.

IA-02: Democrat Rita Hart announced Thursday that she'd seek a recount in this open seat contest; Hart trailed Republican Mariannette Miller-Meeks by 47 votes as of Thursday afternoon. Miller-Meeks, for her part, has declared victory while refusing to acknowledge Joe Biden's win.

NJ-07: While the Associated Press called this contest for freshman Democratic Rep. Tom Malinowski just after Election Day, the race has dramatically tightened over the following week and plenty more ballots remain to be counted.

Malinowski went from holding a 28,400 vote lead over Republican Tom Kean Jr. on Nov. 4 to an edge of 6,275 as of Thursday afternoon. The New Jersey Globe's David Wildstein projects that there are close to 38,800 ballots left to count at the very minimum, and "that number could be as high as around 60,000." The AP, though, has not retracted its call.

Called Races

IL-14: On Thursday, the Associated Press called the race for this seat in Chicago's western exurbs for freshman Democratic Rep. Lauren Underwood. The congresswoman's victory also means that Republican Jim Oberweis has yet another high-profile defeat in his ledger.  

NY-11: Republican Nicole Malliotakis reclaimed this Staten Island-based seat for her party, and freshman Democratic Rep. Max Rose conceded on Thursday.

CA Ballot: The Associated Press has called a victory for Proposition 19, known as the Property Tax Transfers, Exemptions, and Revenue for Wildfire Agencies and Counties Amendment. CBS San Francisco describes Prop. 19, which passed 51-49, as a measure that "gives exemptions to older homeowners, the disabled and wildfire victims and strips breaks from people who inherit homes but don't live in them."

Maricopa County, AZ Recorder: Republican Stephen Richer reclaimed this post for his party by unseating Democratic incumbent Adrian Fontes 50.1-49.9, and Fontes conceded on Thursday. The recorder is tasked with administering elections in Maricopa County, which is home to more than 60% of the state's population and whose 4.5 million residents make it the fourth-largest county nationally. However, Republican county Board of Supervisors members took control of key powers from Fontes' office following his 2016 victory.

NC Auditor: The AP has called this race for Democratic incumbent Beth Wood, who turned back Republican Anthony Street 51-49.

Gubernatorial

AR-Gov: Republican Gov. Asa Hutchinson is termed-out in 2022, and the GOP primary to succeed him has been underway for well over a year now. Lt. Gov. Tim Griffin, who previously represented central Arkansas in the U.S. House from 2011 to 2015, announced that he was running all the way back in August of 2019. Attorney General Leslie Rutledge, whose 2014 victory made her the first woman and the first Republican to ever hold this post, also entered the contest in July of this year.

There may also be more takers for Team Red before too long. The potential candidate who has generated the most chatter for years is former White House Press Secretary Sarah Huckabee Sanders, the daughter of former Gov. Mike Huckabee: When Sanders was asked about her interest in this post in a September appearance on "Good Morning America," she only replied, "We'll see."

Senate Majority Leader Jim Hendren was more direct this month, and he acknowledged he was considering a gubernatorial bid on election night. Political columnist Steve Brawner recently wrote that Hendren could be a hard sell for GOP primary voters, though, saying he "made the career-killing mistake of trying to craft workable bipartisan solutions to challenging problems."

AZ-Gov: Republican Gov. Doug Ducey is ineligible to run for a third term in 2022, and this swing state is very likely to be a major battleground. One Democrat who has gotten plenty of attention as a possible candidate is Secretary of State Katie Hobbs, and she expressed interest in running at the end of 2019. Hobbs also predicted at the time she'd decide "probably in early '21."

On the Republican side, the Arizona Republic's Laurie Roberts wrote last month that state Treasurer Kimberly Yee seemed to be positioning herself for a bid. Yee, Roberts noted, appeared in commercials this year opposing Proposition 208, a ballot measure to create a new tax on high earners to fund schools.

Prop. 208 ultimately passed 52-48, but Yee's campaign against it may have boosted her name recognition. Indeed, Roberts notes that then-state Treasurer Doug Ducey himself increased his profile in 2012 by chairing the successful campaign against a referendum to fund education, a campaign that took place two years before Ducey was elected governor. Republican politicos also speculated last month that Ducey was behind Yee's anti-Prop. 208 campaign, with one consultant saying, "It's Ducey's attempt to anoint somebody in the next cycle because we know he's not happy with other elected officials in this state."

Roberts added that the Republican that Ducey seems to want to block is state Attorney General Mark Brnovich, whom she says is "expected to make a run" for governor in 2022. Brnovich, who will be termed-out of his current post that year, has repeatedly clashed with Ducey; in September, Brnovich notably challenged Ducey's order closing bars in order to stop the spread of the pandemic.  

MN-Gov: Republicans have struggled statewide in recent years in Minnesota, which Joe Biden took 52-45 last week, but they're hoping that Democratic Gov. Tim Walz will be vulnerable in two years. Retiring state Sen. Scott Jensen recently told the Star Tribune's Patrick Condon that he was thinking about running, and Condon adds that state Senate Majority Leader Paul Gazelka is "seen as a likely candidate."

A few other Republicans aren't closing the door. Rep. Pete Stauber responded to speculation by saying he was flattered but focused on his current job, which is not a no. State Sen. Carla Nelson, who lost the 2018 GOP primary for Congress to now-Rep. Jim Hagedorn, also said when asked if she was interested in running for a statewide post, "I never closed any doors." Last week, Minnesota Morning Take also relayed, "Other names from solid sources on the 2022 Republican short list for Governor" include state Rep. Barb Haley and NBC sportscaster Michele Tafoya as possibilities, though there's no word if either are actually thinking about it.

Finally, it seems we're in for another cycle of trying to decipher My Pillow founder Mike Lindell's political intentions. A reporter tweeted last month that Lindell had told the crowd at a Trump event that he'd run, but KTTC quoted him at the time as saying, "Absolutely, if the president wins I'm gonna run." (Emphasis ours.)

Later on Nov. 4, Lindell told the Minnesota Reformer he had planned to run if Trump carried Minnesota, something that the far-right pillow salesman acknowledged at the time didn't end up happening. Lindell added, "But now I've gotta debate and I've gotta pray about it and see what happens with the presidential election. (They) might need me now more than ever." Days later, Lindell baselessly accused Joe Biden of only winning Minnesota through fraud.

NE-Gov: There will be a wide-open race to succeed GOP Gov. Pete Ricketts in 2022, and there are plenty of Republicans who could campaign in this very red state. The only one we've heard publicly express interest so far is state Sen. Brett Lindstrom, who acknowledged he was considering in November of last year.

On the Democratic side, 2018 nominee Bob Krist announced in April of 2019 that he was running again, a move that came months after he lost to Ricketts 59-41. Krist went on to endorse Republican Rep. Don Bacon in his successful re-election campaign this year.

PA-Gov: While there are plenty of Democrats who could run to succeed termed-out Democratic Gov. Tom Wolf, Sen. Bob Casey said this week that he'd stay out of the 2022 contest.

SC-Gov: Republican Gov. Henry McMaster's campaign chief said in May of 2019 that the incumbent would seek a second full term in 2022. McMaster was elevated from lieutenant governor to governor in 2017 when Nikki Haley resigned to become Donald Trump's first ambassador to the United Nations, and he was elected in his own right the following year.

Morning Digest: In primary delayed by chaos, Puerto Rico’s pro-statehood party dumps governor

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

Leading Off

PR-Gov: Puerto Rico's gubernatorial primaries finally came to an end on Sunday, and former Resident Commissioner Pedro Pierluisi ousted Gov. Wanda Vázquez 58-42 to win the nomination of the pro-statehood New Progressive Party. Vázquez did not endorse Pierluisi, declaring instead, "I say to Pedro Pierluisi, that it is the thousands and thousands of people who supported me, and gave me their vote ... it is those people whose endorsement he should be seeking." Pierluisi, for his part, said that statehood would be one of his top goals if elected.

Meanwhile, Isabela Mayor Carlos Delgado decisively won the contest to lead the pro-commonwealth Popular Democratic Party by defeating Puerto Rico Sen. Eduardo Bhatia 63-24. Pierluisi and Delgado will face off in the November general election for a four-year term along with Alexandra Lúgaro of the Citizens' Victory Movement, a party that NPR describes as "promoting anti-colonialism and a constitutional assembly to make a final decision on Puerto Rico's political relationship with the United States."

Campaign Action

The primary was originally set for June, but Vázquez signed legislation postponing it to Aug. 9 because of the coronavirus pandemic. However, ballots arrived late, or did not arrive at all, at a majority of voting centers that day, and the commonwealth's major political parties postponed voting a week. On Thursday, the Puerto Rico Supreme Court ruled that voting would take place on Sunday in any precinct that was not open for the legally required eight hours last week.

The second round of voting mostly proceeded as planned, but not everyone who wanted to vote ended up being able to cast a ballot. Many people left closed polling places on Aug. 9 only to eventually learn that their precinct had opened later in the day for the prescribed eight hours, but that it was now too late for them to vote.

Pierluisi, who represented Puerto Rico in the U.S. House as a non-voting member from 2009 to 2017, briefly served as governor last year under some very unusual circumstances. Gov. Ricardo Rosselló, who had narrowly defeated Pierluisi in the 2016 primary, was badly damaged after a series of online chats between the governor and his allies leaked in which participants lobbed violent, misogynist, and homophobic insults at their enemies and joked about Puerto Ricans who died during Hurricane Maria. Mass protests soon broke out calling for Rosselló to quit, and the legislature began laying the groundwork to impeach him.

After two weeks of protests, Rosselló announced on July 24 that he would resign nine days hence, but it was unclear who would succeed him. Normally the commonwealth's secretary of state would take over, but Luis Rivera Marin had previously resigned from that very post because of his own role in the chat scandal. Vázquez, who was justice minister, was next in the line of succession, but she said on July 28―less than a week before Rosselló's Aug. 2 departure―that she hoped that Rosselló would pick a new secretary of state, and that this new person would be governor instead of her.

Rosselló tried to do just that, and he announced on July 31 that he was appointing his old rival Pierluisi. However, the commonwealth's constitution requires the secretary of state to be confirmed by both Puerto Rico's House and Senate, but Pierluisi was sworn into that job that very evening before any legislators had a chance to vote.

The House gave Pierluisi an affirmative vote on Aug. 2 about an hour before Rosselló's departure took effect, but the Senate postponed their own hearings until the following week. However, that didn't stop Pierluisi from being sworn in as governor right after Rosselló left office. Pierluisi cited a 2005 law that said that the secretary of state didn't need to have received legislative confirmation from both chambers if they need to take over as governor to make his case that he was indeed Puerto Rico's legitimate leader.

However, the Supreme Court of Puerto Rico ruled that this provision was unconstitutional days later in the decision that ousted Pierluisi from the governor's office and put Vázquez in charge. While Vázquez said she hadn't wanted to be governor, she soon quashed speculation that she would only stay long enough to appoint a new secretary of state who would then take over as the commonwealth's leader, and she announced in December that she'd seek a full term.

Pierluisi argued during his campaign that Vázquez wasn't fixing mistakes made by her administration during the coronavirus pandemic. Last month, the special independent prosecutor's office announced that it had launched a criminal investigation into allegations that Vázquez and her administration had mismanaged emergency supplies after Puerto Rico was struck by earthquakes in January.

Primary Preview

Primary Night: The One Where Ross Tries Not To Get Fired: Primaries are concluding on Tuesday in Alaska, Florida, and Wyoming for congressional and state offices, and as always, we've put together our preview of what to watch.

We'll be keeping a close eye on the GOP primary for Florida's 15th District, where freshman Republican Rep. Ross Spano, who is under federal investigation for allegedly violating campaign finance laws during his successful 2018 bid, faces a serious intra-party threat from Lakeland City Commissioner Scott Franklin. We'll also be watching the GOP primaries for the open 3rd and 19th Districts, as well as the contest to face Democratic Rep. Charlie Crist in the 13th District.

And the action isn't confined to the Lower 48. In Alaska, national Republicans are spending to deny renomination to members of the Democratic-led cross-partisan coalition that runs the state House. Check out our preview for more on these contests.

Our live coverage will begin at 7 PM ET Tuesday night at Daily Kos Elections when the polls close in most of Florida. 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 of the cycle's remaining down-ballot primaries, as well as our separate calendar tracking key contests further down the ballot taking place nationwide this year.

Senate

CO-Sen: Republican Sen. Cory Gardner, who has long had a dismal record on climate issues, is continuing to pitch himself as a supporter of the environment in his advertising campaign. Gardner's newest commercial features two conservationists praising him for securing "permanent funding for the Land and Water Conservation Fund."

GA-Sen-A, IA-Sen, MT-Sen: The Democratic group Duty and Honor is out with ads against three Republican incumbents:  Georgia's David Perdue, Iowa's Joni Ernst, and Montana's Steve Daines.

While Perdue has been running spots claiming he wants to cover pre-existing conditions, Duty and Honor takes him to task for trying to take those protections away. The Iowa commercial, meanwhile, goes after Ernst for "calling for Iowa schools to reopen, trying to score political points instead of prioritizing our kids' health and safety."

Finally, the Montana ad argues that Daines voted to give drug companies huge tax breaks when they're causing the opioid crisis and "raised their prices so high that nearly two-in-five Montanans can't afford their prescriptions."

GA-Sen-B: Sen. Kelly Loeffler uses her newest commercial to accuse Rep. Doug Collins, a fellow Republican, of working with Democrats to undermine her. The narrator begins, "The Trump Justice Department says Kelly Loeffler did nothing wrong," a reference to how the DOJ dropped its investigation into her sale of millions in stock just before the markets tanked due to the coronavirus pandemic.

The ad then goes on to say that Collins "voted with Stacey Abrams in the legislature and Nancy Pelosi in Congress," though it doesn't actually mention anything that Collins saw eye-to-eye with either Democrat on. The spot later features a clip of Donald Trump praising Loeffler for being "so supportive of me and the agenda." Trump hasn't taken sides in the November all-party primary, and he's also talked up Collins.

IA-Sen: The conservative group One Nation's newest commercial declares, "As an assault survivor and military veteran herself, Sen. Joni Ernst is standing up to sexual assault in the military." It goes on to show a clip of Ernst saying, "Abuse is not something you can simply forget."

NC-Sen, NC-Gov: East Carolina University has released a new survey of its home state:

  • NC-Sen: Cal Cunningham (D): 44, Thom Tillis (R-inc): 40 (June: 41-41 tie)
  • NC-Gov: Roy Cooper (D-inc): 52, Dan Forest (R): 38 (June: 49-38 Cooper)

The sample finds a 47-47 tie in the presidential race, which is a very small shift from Joe Biden's 45-44 edge in June.

TX-Sen: YouGov has released a new survey for the Texas Hispanic Policy Foundation and Rice University that finds Republican Sen. John Cornyn leading Democrat MJ Hegar 44-37, while Donald Trump holds a 48-41 edge in Texas. YouGov's July survey for CBS, which was taken just before Hegar won the Democratic primary runoff, had Cornyn up by a similar 44-36 margin, though Trump was ahead only 45-44.

WY-Sen: Last week, Donald Trump backed former Rep. Cynthia Lummis in Tuesday's GOP primary for this open seat. The former congresswoman has a few intra-party opponents in the contest to succeed retiring Sen. Mike Enzi in this extremely red state, but none of them appear to be very strong.

Lummis' most notable foe is Converse County Commissioner Robert Short, a self-described "centrist Republican." Lummis outspent Short, who has self-funded almost his entire campaign, $725,000 to $255,000 from July 1 to July 29, which is the time the FEC defines as the pre-primary period.

Gubernatorial

MO-Gov: The Republican firm Remington Research's newest poll for the Missouri Scout newsletter finds Republican incumbent Mike Parson leading Democrat Nichole Galloway 50-43, which is a small shift from Parson's 50-41 edge in June. The release did not include presidential numbers.

VT-Gov: Attorney John Klar announced Friday that he was endorsing Republican Gov. Phil Scott, who defeated him 73-22 in last week's primary, and would not run as a conservative independent in the general election.

House

MA-01: Holyoke Mayor Alex Morse has released a new survey from Beacon Research that finds Rep. Richie Neal, his opponent in the Sept. 1 Democratic primary, ahead by just a 46-41 margin. The poll was conducted over the weekend, after Morse accepted an apology from the Massachusetts College Democrats for the harm that followed the release of the organization's letter accusing Morse of inappropriate conduct toward students.

Meanwhile, the Justice Democrats, which said late last week that it was resuming its support for Morse, is spending another $150,000 on TV ads attacking Neal. Their newest spot says that "last year, Neal took more money from corporations than any other member of Congress—almost $2 million" while at the same time he "hasn't held a town hall in years."

MA-04: Former Alliance for Business Leadership head Jesse Mermell is airing her first TV spot ahead of the Sept. 1 Democratic primary. Mermell, who appears to be recording the ad using her smartphone, says that voters struggling to pick between the many candidates could opt for "the one who protected abortion and birth control coverage at Planned Parenthood."

To underscore just how crowded the race is, the audience sees several other copies of Mermell gradually appear in the shot to talk about her support for Medicare for all and the Green New Deal and her endorsements from "[Rep.] Ayanna Pressley, [state Attorney General] Maura Healey, Planned Parenthood, Mass Teachers, Mass Nurses, SEIU." Mermell, who by this time has three other images of herself behind her, concludes, "We approve this message because you got some good options, but one clear choice."

Meanwhile, businessman Chris Zannetos is trying to distinguish himself from his rivals by running to the center. In his new commercial, the narrator touts Zannetos as the one candidate opposed to "eliminat[ing] private health insurance." Zannetos goes on to say he backs Joe Biden's plan and says, "Let's expand Obamacare and lower the cost of prescription drugs."

MO-02: House Majority PAC has released a survey from the Democratic firm Public Policy Polling that shows Democrat Jill Schupp leading Republican Rep. Ann Wagner 48-45. The sample also finds Joe Biden ahead 48-46 in a suburban St. Louis seat that supported Donald Trump 53-42 but has been moving to the left in recent years. This is the first survey we've seen here since February, when the GOP firm Remington Research's poll for the Missouri Scout newsletter had Wagner up 50-40.

NH-01: On Monday, former state GOP vice chair Matt Mayberry earned an endorsement in the Sept. 8 Republican primary from former Sen. John Sununu, who represented a previous version of this seat before he was elected to his one term in the Senate in 2002.

Mayberry faces a challenging battle against former White House aide Matt Mowers, who has Donald Trump's backing, for the right to take on freshman Democratic Rep. Chris Pappas in this swing seat. Mowers ended June with a wide $440,000 to $73,000 cash-on-hand lead over his intra-party rival, while Pappas had a far-larger $1.5 million campaign account.

NJ-07: In his opening commercial, freshman Democratic Rep. Tom Malinowski decries, "Some people just want to divide us, even over wearing a mask. It's exhausting." Malinowski goes on to call for "getting things done" instead, and continues, "I passed a bill to fix America's stockpile of critical medical equipment."

Other Races

Broward County, FL State's Attorney: Eight Democrats are competing in Tuesday's primary to succeed Mike Satz, who is retiring after 44 years as Broward County's top prosecutor, and most of the outside money has favored one candidate.

George Soros, the billionaire progressive donor who has poured millions into backing criminal justice reformers in many recent key races around the country in recent years, has been funding a group called the Florida Justice & Public Safety PAC that has raised $750,000 to support defense attorney Joe Kimok. Kimok, who had planned to challenge Satz before the incumbent decided not to seek re-election, is the one candidate who has pledged not to seek the death penalty if elected.

Rafael Olmeda of the South Florida Sun-Sentinel reports that a group known as Victims Have Rights has raised a considerably smaller $110,000 to help veteran prosecutor Sarahnell Murphy, who has Satz's endorsement. The PAC has run mailers against Kimok and another contender, Coconut Creek City Commissioner Joshua Rydell.

Orange/Osceola Counties, FL State's Attorney: State Attorney Aramis Ayala is retiring as state's attorney for the Ninth Circuit, which covers both Orlando's Orange County and neighboring Osceola County, and four fellow Democrats are competing in Tuesday's party primary to succeed her. No Republicans are running in the November election, and the winner will be the heavy favorite to defeat independent Jose Torroella.

The Appeal's Samantha Schuyler writes that the one candidate who has pledged to keep Ayala's criminal justice reforms in place is former defense attorney Monique Worrell, and she's getting some major late support from like-minded allies.

The Orlando Sentinel reports that Our Vote Our Voice, a group funded in part by a group founded by billionaire philanthropist George Soros, launched a $1.5 million ad campaign in the last two weeks in the contest to help Worrell. Some of the group's commercials have gone towards promoting Worrell while others have gone after attorney Belvin Perry, who served as the judge during the high-profile Casey Anthony murder trial that took place here in 2011.

The other two Democratic candidates are Deb Barra, who serves as chief assistant state attorney, and former prosecutor Ryan Williams. Ayala initially backed Barra, but the incumbent later threw her support to Worrell after she launched her own campaign.

Barra, Perry, and Williams are all arguing that Ayala's decision never to seek the death penalty has harmed the office; Williams even resigned in 2017 over this policy. This trio has pointed to Ayala's struggles against the GOP-led state government to make their case. After Ayala announced that her office would not seek the death penalty, then-Gov. Rick Scott transferred 23 first-degree murder cases to a considerably more conservative state's attorney in another jurisdiction. The Florida Supreme Court sided with Scott after Ayala sued over this, and Gov. Ron DeSantis has continued to remove first-degree murder cases from her jurisdiction.

Worrell herself has said of the Republican governors' actions, "It put me on notice that the rules of the game have changed significantly … And those opposed [to criminal justice reform] will use any means necessary." However, Schuyler writes that even Worrell "is running on a platform that is significantly less assertive than Ayala's and has backed away from Ayala's death penalty position."

Election Changes

 Indiana: Republicans on the Indiana Election Commission have blocked a proposal by Democrats that would have allowed all voters to request an absentee ballot for the November general election without needing an excuse. The measure failed after the bipartisan panel deadlocked, with both Republican members voting against the plan and both Democrats voting for it. The Commission had unanimously waived the excuse requirement for the state's June primary.

Voting rights advocates filed a federal lawsuit challenging the requirement in late April, and briefing on their request concluded at the end of last month, so a ruling may be imminent.

 Kentucky: Democratic Gov. Andy Beshear and Republican Secretary of State Michael Adams have reached an agreement that will permit Kentucky voters to cite concerns about the coronavirus to request an absentee ballot for the November general election.

Beshear had wanted to waive the excuse requirement altogether, as the state had done for its June primary. However, a law passed earlier this year by Kentucky's Republican-run legislature required the governor to obtain approval for such a change from Adams, who had resisted a wider expansion of mail voting. The difference may nonetheless be minimal, as many other states have relaxed their own excuse requirements by allowing concerns about COVID to qualify and seen a surge in mail ballots.

 Louisiana: Republican Secretary of State Kyle Ardoin has proposed a plan to Louisiana's Republican-run legislature that would keep in place the state's requirement that voters present an excuse to request an absentee ballot and would expand eligibility only to those who have tested positive for COVID-19. Earlier this year, lawmakers approved a plan put forth by Ardoin that offered a limited expansion of absentee voting for the state's July primary for those at heightened risk from the coronavirus after Republicans rejected a broader proposal.

Legislators are slated to take up Ardoin's latest plan this week, and Democratic Gov. John Bel Edwards says he is reviewing it. Before it was released, Edwards said he hoped it "would look substantially similar to the one" put in place for the primaries. However, that earlier plan did not require the governor's approval, nor does the new one. Voting rights advocates, including the NAACP, filed a suit challenging Louisiana's excuse requirement in federal court earlier this month.

 New York: Democratic Gov. Andrew Cuomo says he will sign a measure passed by New York's Democratic-run legislature to allow all voters to cite concerns about the coronavirus in order to request an absentee ballot. Cuomo had signed an executive order earlier this year making the same allowance ahead of the state's June primary.

Last month, lawmakers passed several other bills to improve voting access, which the governor must sign or veto soon. Another measure that would allow county election officials to deploy ballot drop boxes has yet to come up for a vote, but Cuomo says he supports the idea.

grab bag

 Deaths: Former Illinois Gov. James Thompson, a moderate Republican whose tenure from 1977 to 1991 was the longest in state history, died Friday at the age of 84. We take a look at his lengthy and eventful career in our obituary, which features appearances by Spiro Agnew, Lyndon LaRouche, the founder of Weight Watchers, and Lenny Bruce.

Thompson successfully won four terms as governor, but his last two campaigns were quite eventful. In 1982, Thompson defeated former Democratic Sen. Adlai Stevenson III by just over 5,000 votes in a contest that wasn’t resolved until days before he was inaugurated for a third term.

Thompson and Stevenson faced off again four years later in a rematch that became infamous for reasons that had nothing to do with either man. While Stevenson easily earned the nomination, a candidate affiliated with the fringe political activist Lyndon LaRouche won the primary to become his running mate. Stevenson opted to run as an independent rather than “run on a ticket with candidates who espouse the hate-filled folly of Lyndon LaRouche.” You can find out more about this campaign, as well as the rest of Thompson’s career, in our obituary.

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