The Downballot: How Dems track all the dumb s— Republicans say (transcript)

Republicans have an unflagging ability to lose elections by saying outrageous crap, but someone has to record it all—and put it on blast. That someone is the Democratic opposition research shop American Bridge, which is why we're talking to the organization's president, Pat Dennis, on this week's episode of "The Downballot." Dennis tells us how the not-so-dark art of "oppo" works, explaining how it's been refined over the years to better allow Democrats to target Republicans running far down the ballot. He also shares the do's and don'ts of tracking candidates and how his shop most effectively weaponizes the massive storehouses of video and research it puts together.

Co-hosts David Nir and David Beard also kick off the third season of “The Downballot” with a recap of the normally snoozy but surprisingly newsy holiday break, starting with Lauren Boebert's naked attempt to stay in power by flitting off to a new district on the far side of the state. Then there's a huge redistricting win for the good guys in Wisconsin, but a tough loss in Georgia—though a silver lining for Democrat Lucy McBath. Finally, we catch up on the special election to replace George Santos and the fumbling efforts of a Kevin McCarthy ally to get on the ballot in the race to succeed the ex-speaker.

Subscribe to "The Downballot" on Apple Podcasts to make sure you never miss a show. New episodes every Thursday morning!

The transcript below has been lightly edited for clarity.

David Beard: Hello and welcome. I'm David Beard, contributing editor for Daily Kos Elections.

David Nir: And I'm David Nir, political director of Daily Kos. “The Downballot” is a weekly podcast dedicated to the many elections that take place below the presidency, from Senate to City Council. Please subscribe to “The Downballot” on Apple Podcasts and leave us a five-star rating and review.

Beard: It's 2024, which means it's a big election year, and we're very excited to be kicking off season three of “The Downballot.”

Nir: I can't believe it's already season three. I hope all of our listeners had fantastic holidays. Coming up on our weekly hits, we are going to be discussing Lauren Boebert's attempt at district shopping to prolong her political career, a redistricting win for the good guys in Wisconsin, but a loss for the good guys in Georgia. Then there is the special election out on Long Island in New York's 3rd Congressional District. And finally, Kevin McCarthy, who just resigned from Congress on the last day of 2023, and his disastrous efforts to anoint a successor who is stumbling his way onto the ballot.

Then coming up after our break, we are joined by Pat Dennis, the president of American Bridge, a major Democratic-aligned super PAC that is also the number one shop for opposition research. It is a fascinating topic and a fascinating interview. We have a terrific show coming up, so let's get rolling. Beard, we might've been on break, but I feel like there was a ton of down-ballot election news that broke during the final tail end of the year.

Beard: Yeah. I feel like one of the traditional rules of election work is that everybody takes off the week between Christmas and New Year, so you can have a break and then a bunch of announcements come the first or second week of January when people start getting back from the holidays, come back to DC. And I think there's a good chance we still might see that upcoming. But that did not stop people from making news in late December.

Nir: All the rules changed in the Trump era.

Beard: Yeah. Of course. And we're going to start in Colorado where one of the most notorious Representatives made some news. That's of course Lauren Boebert, who has been in the news many times for various different reasons. She announced that she's switching from her western Colorado-based 3rd District all the way to the other side of the state, to the open eastern Colorado-based 4th District that is significantly redder. Now, the district that she ran in previously was a Trump +8 district; most people who are Republicans can hold Trump plus eight districts pretty easily, but not Lauren Boebert. She was having some trouble. She, of course, had one of the closest races of the year in 2022, defeating Democrat Adam Frisch by less than 600 votes.

So she thought, let's not risk that again. Let's not risk losing to a Democrat and handing the seat over to the Democrats. So she's moving all the way across the state to a much redder Trump +19 district that is not really competitive for Democrats at all. So if she's the Republican nominee, which is by no means guaranteed, she should have a comfortable reelection. But of course, other folks were already running for that seat. It's an open seat. Ken Buck, of course, announced that he wouldn't be running for reelection, so other ambitious Republicans have already started campaigns. And I don't think they're too happy about somebody from the other side of the state diving into their district.

Nir: Oh, man, they were instantly angry and furious and just ragging on her saying that she doesn't know anything about western Colorado, and that's definitely true. It's a really stark situation. If you look at a map of Colorado's congressional districts, the 3rd District, her old district, covers the entire western portion of the state. It's a big sprawling rural district. And the 4th District covers the entire eastern part of the state, and it's a big sprawling rural district. They have no overlap. It's so obvious that the only thing Boebert is doing here is district shopping. It's also really rare to see. We do sometimes see incumbents move districts because of redistricting. But here there's no redistricting involved at all. The last time I could think of something like this happening was all the way back in 2010. So this is a real rarity. So it's no surprise that she's being greeted with a lot of hostility.

Beard: Yeah. And it's pure shameless wanting to stay in Congress. That is her only goal. She doesn't want to risk losing. She thinks she has a better chance in this district all the way across the state. So she's going to make the jump. It doesn't surprise me of course that someone like Lauren Boebert would do this. But it will be interesting to see if she's successful. Obviously, she's certainly a name. People know who she is. I think a lot of Republican primary voters probably like her. So I think there's a reasonable chance that she can pull this off, but I don't think it's a guarantee by any means.

Nir: Absolutely not. She does only need a plurality in the primary in order to win the nomination. There are no runoffs here. But she also has to make the ballot first. And making the ballot in Colorado can be surprisingly tricky. Candidates have often screwed up, and there are multiple ways to screw up depending on whether you're trying to gather signatures or whether you're trying to get enough support at your party convention. And if there's anyone capable of messing this up, I think that Lauren Boebert, I would put her name on that list.

She's clearly one of those people who serves in Congress simply to get media attention. That's why she wants to stay in Congress. And that kind of person, not usually a strong campaigner, not usually good about, or even cares about, the nuts and bolts of day-to-day campaigning. So I would not be surprised if she didn't make the ballot. I could definitely bet that if she goes the signature route, her opponents will be scrutinizing them very carefully to see it. They can get her thrown off.

Beard: Yeah. Absolutely. And Boebert not making the ballot would just be the chef's kiss to the end of the story.

Nir: Oh, God. Oh, man. Yeah. All right. I'm going to light a candle and pray to Molech for that one.

Beard: Yeah. There's also one other important thing to note. I think a lot of folks wrote off CO-03 after Boebert jumped. They thought that her poor showings were obviously a big reason why that district was competitive. But we've already seen another crazy person jump in, former state Representative Ron Hanks, who's an election denier. He tried to run for U.S. Senate last year as a super Trumpy guy. He's launched a bid to run in that district just two days after Boebert left. So he's the type of person who could make CO-03 competitive despite her leaving. So don't write that district off just yet.

Nir: Yeah. In fact, Hanks was such a terrible candidate that in 2022, Democrats actually tried to boost him in the GOP Senate primary for Michael Bennett's reelection campaign, and it didn't work out. I mean, Hanks had no money. He wound up losing the GOP primary to a much better-funded candidate by about a 54-46 margin. So it was pretty close. Now that better-funded candidate, Joe O'Dea, still got his ass kicked by Michael Bennet, so it ultimately didn't matter in the slightest.

But if you are on that special list of candidates, Democrats are willing to spend money on to boost at a GOP primary. You've got to suck real hard. So yeah, if Ron Hanks is the GOP nominee here, then I think Adam Frisch, who is one of the best-funded house challengers anywhere in the nation, maybe the best, I think that Frisch would still have a real chance to flip that district.

And one other thing I should add, Beard, is that Democrats did really well in Colorado at all levels of the ballot in 2022. And that included strong performances at the top of the ticket in the 3rd District. If I'm not mistaken, Jared Polis, the Democratic governor who won reelection actually narrowly carried the 3rd District. So yeah, this could be a debacle for the GOP anyway. And also let's not lose sight of the possibility that, hey, maybe Donald Trump won't be on the ballot in Colorado next year.

Beard: Who knows what might happen on that front or if that might affect things? But yes, I think CO-03 has some growing Democratic areas, particularly around ski resorts and things like that. So I think there is a real chance here and we'll definitely be keeping an eye on the district as the campaign continues.

Nir: So we also got a ton of redistricting news over the holiday season. And the big one that, man, you have to be excited about this if you're a progressive, is that our new liberal majority on the Wisconsin Supreme Court that we just won last year struck down the state's legislative maps, which were drawn by Republicans as extreme gerrymanders, on some very simple grounds. They violated the state constitution because many of the districts were not contiguous. And the state constitution is really clear: districts have to be contiguous. So that means we are going to have new fair maps in 2024, and that means Democrats will have a fantastic shot at finally retaking at least one chamber of the legislature in the perennial swing state, Wisconsin.

Beard: Yeah. This is definitely a ruling that we thought there was a very good chance it would be coming. I am not surprised by it, but I am very excited by it. And knowing that there's now an even better chance that we're going to be seeing some fair districts for candidates to run in Wisconsin is just great news.

Nir: It really is. And this case is interesting though in its own right because of the grounds on which the court ruled. If you look at a map of Wisconsin's legislative districts, it's almost like a Jackson Pollock painting. It's like a paint splatter. And Republicans had these really weird arguments saying, "Well, no, these districts actually are contiguous because many municipalities of Wisconsin are themselves not contiguous. But these districts represent municipal borders, so therefore they're somehow contiguous." And the majority said, "That is not what contiguity means. Contiguous means contiguous. You have to be able to traverse a district from one end to the other without leaving it." And the conservative minority completely flipped out.

But what's also funny about this is Republicans are really befuddled. They just seem to have no ability and no understanding of what life is like when they don't exercise total control over the state, particularly the state Supreme Court. The Republican Speaker of the State Assembly, Robin Vos — he's the guy who had been making all those impeachment threats against Janet Protasiewicz, that he's since backed down from. So he said after the Wisconsin Supreme Court handed down this ruling that Republicans might appeal to the U.S. Supreme Court. They might as well appeal to the United Nations.

I mean, look, there's always some way that SCOTUS could intervene and try to undo this ruling. But the liberals on the court knew exactly what they were doing. They ruled on really narrow grounds. It would be wild if SCOTUS said that a state supreme court cannot interpret the state constitution in regard to state elections. I mean, they could do it. I'm sure Alito is trying to fantasize some way to come up with here, but it would be just beyond nonsense. I think that there is no chance in any sane world of this ruling getting overturned on some further appeal.

Beard: Yeah. I think clearly the liberals on the court there knew that they didn't want to go anywhere where the Supreme Court could intervene, so they made a ruling that is very, very safe if you're knowledgeable about the law at all. It's a very safe ruling that you would not expect any federal court to get involved in in any way.

What I can't get over, as you mentioned, is these conservative justices are just so mad that they're in the minority. And I know that they were in the majority for a long time and they got used to it and they were very comfortable, but it happens. People lose elections and then you're in the minority and you have to get over it. And these justices just feel like they are having this great wrong done to them by the people of Wisconsin by electing Janet Protasiewicz. And it's just so funny.

Nir: Well, it's also scary because I think they really don't accept as legitimate elections that Republicans or conservatives don't win. Those are the only races they view as legitimate, but the fact of the matter is the rest of the world does. And the upshot here is that we're going to have new maps for 2024. Now, given the short timeframe, the Supreme Court ordered a two-track process. It said to the legislature, "You guys should pass new maps that are compliant with the state constitution." But they also know that Republicans who run the legislature and Democratic Governor Tony Evers, are never going to come to any kind of agreement. So that means a deadlock. That means no new legal maps passed. So at the exact same time, they are also accepting submissions from parties and friends of the court that comply with their ruling. February 1 is the key date to look for.

The court also appointed some experts to help it with the process. Interestingly, they did not direct the experts to draw their own maps. What they said is the experts should review all the submissions from the parties and amicus briefs to see if any of them comply with the court's directives on what the next map should look like. Only if none of those submissions pass muster can these experts draw their own map. And the other part of this that is I think the most important to emphasize, the court did not strike down these maps as partisan gerrymanders, but what they did say is that any replacement maps must be politically neutral, that they can't favor one party over another. So given how swingy Wisconsin is, that means that instead of Republican super majorities, we should have maps that are capable of giving a majority to either party.

Beard: And despite the Republicans' claims, this is not difficult to do. What they like to say particularly about states like Wisconsin, North Carolina, is that there's this natural geographic thing that favors Republicans, which is not really true at all. You can easily draw these maps to still look nice as they always care about and be very normal maps and just be like, "Oh, hey, and we're also going to draw them in a way that is not unfair." So it's something that we'll definitely see plenty of submissions be able to do that, and they'll have plenty of maps to pick from.

Nir: I can't stand it when people fetishize “nice-looking” maps, quote-unquote, but if we want to talk about ugly maps, the existing GOP maps, I know I compared it to a Jackson Pollock, but I feel really, really bad. My apologies.

Beard: Not a good way.

Nir: My apologies to Jackson Pollock for that one. But there's one other detail here that I should note. Every two years, the entire state Assembly is up for election, but only half of the state Senate is up for election. And plaintiffs had asked that the court order new elections for the entire Senate to be held in 2024 this November. This was the one plaintiff's request that the court didn't grant. So only half of the Senate is going to be up this November.

That means that half of all senators will still have been elected on gerrymandered maps, which means that Democrats probably can't retake a majority in the Senate until 2026 when the second half of the Senate finally comes up for election under the new non-gerrymandered maps. But we’ve got to work our asses off to flip as many Senate seats as we can in November. And of course, we got a legit shot at flipping the Assembly.

Beard: Yeah, and due to the fact, obviously, that Evers is governor until 2026, that ensures that as long as there are fair maps, there are not going to be supermajorities anymore. So Republicans won't have unified control of Wisconsin for the two years after the 2024 elections. So we should really view this as a two-cycle process. Of course, if we can take the Assembly in 2024, great, but what would be the best is we make sure we're making good progress in both chambers so we can target 2026 the way that Democrats did in Michigan and Minnesota. And of course, we saw that after that happened in 2022, a lot of great progressive policies passed.

Nir: So now we did have another redistricting ruling that was actually really disappointing, and this one was out of Georgia where a few months back, a federal judge struck down the state's congressional and legislative maps for both chambers and ordered the state to create new maps that comply with the Voting Rights Act by creating additional districts where Black voters could elect their preferred candidates. Well, Republicans did go ahead and pass new maps, but they still remain very strong Republican gerrymanders and the judge upheld these maps. These new maps almost certainly ensure that Democrats will remain in the minority in the legislature, and also that Republicans will keep their 9-5 advantage in the State's congressional delegation, even though this is a state that Biden won and has two Democratic US senators. Now, Republicans were able to do this because at the same time that they were creating new Black districts, they also dismantled diverse districts that had elected Democrats.

And the most notable of these was the safely blue 7th congressional district in the northeastern Atlanta suburbs. In fact, this was one of the most diverse districts in the nation. Really, really interesting. The voting age population of the district that they dismantled is 33% White, 30% Black, 21% Latino, and 16% Asian American: really remarkable part of the country. And last year, it elected a Black Democrat, Lucy McBath, but Republicans shredded that district and made it safely red, while at the same time drawing a new safely blue district, the sixth district in the Western Atlanta suburbs that's now majority black. What's so weird about the outcome is that this judge had warned Republicans not to do this — at least it seemed like he had. In his prior ruling that struck down the previous map for failing to comply with the VRA, he said that lawmakers could not draw a compliant map by creating new black districts but "eliminating minority opportunity districts elsewhere."

And the plaintiffs here concluded, as did we, that minority opportunity districts, referred to districts like the one that had elected McBath, which were capable of electing Black voters' candidate of choice even without a Black majority. But in his new ruling, the one that came out over the holidays, Judge Steve Jones said, "No, I was only talking about Black voters, not coalition districts." This doesn't really make sense. You don't use the phrase minority opportunity districts if you just mean Black preference districts. It almost feels like a clerk stuck that line in and maybe it should have come out because Jones tried to explain it away in his new ruling, but the explanation just doesn't really make any sense. And he said that if the plaintiffs want to challenge the demolition of McBath's district, they'd have to bring a new lawsuit. And since we're already in 2024, that means we're almost certainly stuck with this map.

Maybe a lawsuit could succeed by 2026. We might not even see a lawsuit though. The Supreme Court might not be receptive to these kinds of arguments about coalition districts, but this is the map that we have for 2024. And McBath said that she's going to run for the new 6th district, which doesn't have an incumbent. Her current district doesn't overlap with it, but she lives in Cobb County, which forms a core part of the new 6th district. And I would say that she's very likely to win the primary without trouble, and it's a safely blue seat, so she's almost certainly going to win reelection. What's notable here though is that this is actually the second cycle in a row that Republicans have targeted McBath in redistricting, and I think they could really come to regret it.

An analyst on Twitter, Varun Viswanath, put together this great visualization — we'll link it in the show notes — showing that if McBath wins again, she'll have represented about 20% of the entire state between 2019 and 2025. That's wild because a member of the House would normally represent just 7% of the state of Georgia. I would say at this point, McBath is probably the top Democratic contender to run for governor in 2026, or at least a top contender. Brian Kemp will be term-limited then. So Republicans are doing everything in their power to boost her name recognition ahead of that race. I really hope she runs. I'm excited to see what she could do.

Beard: Yeah, absolutely. One note on the forest for the trees aspect of this, obviously, the judge's original ruling and his revision of it was a very strange series of twists in this case and was very unfortunate. But ultimately, this is about the fact that Atlanta and the broader Atlanta metro area is this big, diverse, very Democratic area, and we could easily have a 6th district and a 7th district that both have the ability to elect a minority representative.

A 6th would be Black-majority while still having a 7th that could allow for a minority opportunity district. And it's really unfortunate that Republicans go to these lengths with gerrymandering to ensure that doesn't happen so that they can obviously keep their political power in the state at the congressional level. So whether or not we'll see another lawsuit, that’s hard to know, but I think you're right that for 2024, this map is what it's going to be.

Nir: But you make a good point. Republicans can try to gerrymander their way out of trouble in the Atlanta area, but they can't do it on the state level. And this area, that diverse district like the 7th that they just shredded, was a huge part of why Joe Biden won in 2020, why we flipped both of those Senate seats, why Raphael Warnock won again in 2022, and why Joe Biden has a chance to win again this year. So, Atlanta is a huge problem, and its suburbs, they're a huge problem for Republicans, no matter how they draw the lines.

Beard: And of course, likely Senator Ossoff's reelection campaign will be taking place in 2026, so that's going to be another huge statewide campaign. So definitely obviously a state that's not going anywhere, and Atlanta is a city that's just continuing to grow.

Nir: So a couple of last House updates that we wanted to hit really quick.

Beard: So we just briefly wanted to touch on a couple of things. First off, NY-03, of course, the last time we discussed this seat, George Santos had just been expelled, but we've had a number of things moving forward since then. The date for the special election was set for February 13th, so it's created essentially a six-week campaign timeframe from, obviously, now the beginning of the new year to the 13th, which is really when voters might be paying attention to this district.

I doubt very many people were paying much attention to it during the holidays in December. Democrats unsurprisingly tapped former Representative Tom Suozzi as their nominee while Republicans picked Nassau County legislator Mazi Pilip. The ad wars here have, of course, already begun given the compressed timeframe, but they're a little one-sided. The Democrats are already up. The DCCC and House Majority PAC have booked about $5 million in airtime. The D-Trip has already launched an ad this week attacking Philip for being "handpicked" by MAGA Republicans, wanting to cut Social Security and law enforcement. While Republicans have not been nearly as aggressive on the TV front — the NRCC has booked less than a million dollars, and that ad buy isn't starting for another two weeks. Though of course, we could see things pick up much earlier than that at any moment.

So I think obviously the GOP, they've always got a billionaire in the back pocket; I assume they'll put a bunch of ads up eventually. But with a six-week campaign, every day is a significant day's delay.

And then finally, the other district I wanted to highlight was CA-20 — of course, our old friend Kevin McCarthy. After his disastrous speakership, is it any surprise that he can't get his own succession plan right? Now when he announced his imminent resignation, the front-runner was seen as state Senator Shannon Grove, and everyone expected her to run. But she announced unexpectedly a little bit before the deadline that she wasn't going to run for the seat, which left McCarthy and his allies a bit empty-handed.

But state Assemblyman Vince Fong, who's another McCarthy ally, reversed his decision not to run and jumped into the race at the last minute and now he was seen as McCarthy's preferred successor. But there was one problem; he had already filed to run for reelection. Now, California is very strict about its ballots over there. It had long been understood that Fong wouldn't have been able to run for Congress under these circumstances. And Secretary of State Shirley Weber initially blocked Fong from appearing on the ballot for Congress. But a state judge has allowed him on the ballot, ruling for Fong. But Weber has already said she's going to appeal that ruling. So there's going to be a number more developments in this case. It remains to be seen if Fong will ultimately appear on the ballot or not.

Nir: Well, that does it for our weekly hits. Coming up, we have an interview with Pat Dennis, who is president of American Bridge, which is a very prominent Democratic-aligned super PAC. We're going to be talking about their plans for 2024 and a whole lot more. So please stay with us after the break.

Nir: Joining us today on “The Downballot” is Pat Dennis, who is the president of American Bridge, which is the largest Democratic outfit devoted to one of my favorite areas of the political world, opposition research.

Pat, thank you so much for coming on the show today.

Pat Dennis: Yeah, thanks for having me. Also, my favorite. I will say that I have one of the most fun jobs in politics if you're into this kind of thing.

Beard: Well, absolutely. And this is personally exciting for me. Pat and I used to work together. I was at American Bridge more years ago than I would care to count at this point.

Dennis: OG Bridge.

Beard: We did work together for a couple of years, so very excited to have you on. But for those of us who aren't alums, why don't you explain to our listeners what exactly American Bridge is? It's not exactly the most conventional organization, and why does it exist?

Dennis: Yeah, totally. So American Bridge, we were founded in 2010, 2011, right around the first sort of wave of Democratic super PACs. And what we focus on is pretty different from what most super PACs are: vehicles for spending money on campaign ads specifically. We do some of that, but really our bread and butter is opposition research and candidate tracking, and we do that as well as or better than anybody else. And the real cool thing we do is if we can legally give you our work for free, we will give it to you. So other Democratic super PACs focus on the IE side, we are sort of a hub for ‘if you want oppo, we got oppo.’ And also a big chunk of it we publish online for free because ultimately we think it's better for people to know what these Republicans are up to.

Nir: So let's dive in on oppo. You just said that's one of your key functions. How exactly do you go about doing this? I feel like opposition research is one of these dark arts, people may have a conception of it from watching shows like House of Cards or maybe more like Veep. But it's something that does tend to take place in the shadows or at least out of public eyesight. So how exactly does the whole process work from soup to nuts?

Dennis: Yeah, I mean, we strongly consider it to be a regular art, not at all dark. We're quite open about what we do. We are not digging through dumpsters; generally, that is not a useful thing to do anyway. What we're really about is number one, candidate tracking. We have folks on the ground in the states we cover from the presidential race, but more applicable to this podcast, we go down-ballot as far as state legislative races, and sometimes ballot initiatives.

Those are folks who just record Republican candidates saying what they're going to say. And a lot of Republican candidates will say a very different thing to the Moms for Liberty group than they'll say to the folks who are at the nursing home. So we're there to capture all that, have folks who understand the local politics, able to see where they're maybe lying about their positions, maybe creating some gaps; some things that play well with one group don't play as well as network TV. So that's a big chunk of what we do.

And then on the other side is oppo research, which is used to be, I would say the oppo researchers are in DC these days. We're pretty much a remote organization. But what they're doing is using public records, news stories, FOIA requests, basically any publicly available information about these Republicans and creating essentially the standard unit of oppo research which is the "Research book."

And we can get into that a little more in-depth. But a research book is supposed to be comprehensive. It's everything about a person from everything they've done in their career in order, what aspects of their biography are verified, which aspects are not verified, what positions have they taken on issues over the years, pretty much what's their campaign finance life, what is their personal finance life, how do those things overlap. That's a big issue area for us, things like that.

So something we've actually moved away from, and this is probably a much longer discussion, but as we've gone further down ballot and part of why I wanted to come on here is because we really have, I mentioned, gone down as far as state legislative and generally speaking we found the most useful way to do that work isn't necessarily just to churn out a formulaic research book on 700 different folks running for state legislature because you're spending a lot of that time formatting text and compiling stuff. So a lot of what we do these days is we do the investigation. We have experienced researchers who go through and basically are trying to write the parts of the research book that matter. You know this one's going to get on local TV news; this other thing, nobody's ever going to read it besides the media consultant. And we just write the stuff that's going to get on local TV news and we get it out there. We send it to journalists. We send it to people in the states. And that sort of methodology, and moving away from being comprehensive, has allowed us to just take on a lot more targets.

And the Republicans help us out there by being uniquely terrible. And sometimes, especially as you go down-ballot, there's a lot of low-hanging fruit. Usually, for a presidential candidate, you don't scroll back two things on their Facebook page and see something disqualifying, but that does tend to happen sometimes on the state legislature side.

Beard: And I think a big part of this, as you talk about going down ballot, is of course the real destruction of local news in a lot of places. Whereas we know there are a lot of reporters and journalists who are investigating presidential candidates to the nth degree. If there's something out there about a presidential candidate it will get found out; maybe about a Senate or a gubernatorial candidate.

But there are often no reporters covering state legislative races with any real depth. And so I think that's why it can be so effective that when you dedicate people and time to it you'll discover things that no one else has been looking for.

Dennis: And another area, I mean, you don't really have to give Donald Trump credit for anything, but when he did try to steal the election, a lot of down-ballot races that other folks never cared about before, national reporters never cared about; you couldn't get even the state house reporters to necessarily report on things like the secretary of state's offices. All of a sudden there was a lot more interest in that stuff.

And when you're pitching oppo on a secretary of state candidate, if you're pitching oppo on a presidential candidate, you land a story it's one of 15 stories that day and it's one of 1,000 stories over the race. If you're landing a story on the secretary of state's candidate, and it's something really damaging that could end up being 30% of the earned media coverage of the race. So it's different, but it's really a powerful political tool.

Nir: Yeah, I mean, you had these Republican state legislators showing up on Jan 6th, and many of them were in safe red districts, but-

Dennis: Showing up on January 6th, but then they run for governor later.

Nir: Right. Right.

Dennis: Yeah.

Beard: Now you've been at Bridge for over a decade; I think Bridge has had its fair number of wins in that time. What are a couple of your favorite research hits that went out and went across the nation?

Dennis: Yeah, I mean, so I can't obviously talk about all of them. Some of them we do publicly take credit for, some of them we don't. It's funny, a lot of folks expect me to say like, oh, this incredible silver bullet investigative story that knocked somebody out of the race. And sometimes that does happen. We are involved in, going way back, Todd Akin-

Beard: Hell yeah.

Dennis: ... say, legitimate rape. Our media monitor found that and got that out very quickly. And we've had a few other big successes like that over the years. The things that are honestly most interesting to me, are because, for those big ‘knock them out of the race’ hits, you're almost always relying on the Republican to give you that. You have to be there and able to find it, but you can't necessarily replicate it if the candidate hasn't done something disqualifying.

The things that I really like, and Dr. Oz is a good example of this, although he did a lot of stuff that was also disqualifying, but it's the stuff where it's a narrative. It's something about them that's sort of sticky. Dr. Oz, a big part of that, I mean, he ran into trouble with his issues on abortion, but also he wasn't from Pennsylvania. And that is not an oppo hit, that is just a true thing. He's not from Pennsylvania. But it opens up 1,000 other news stories. Dr. Oz at the New Jersey Hall of Fame video that we dug up. A ton of things like that. So I love those big narrative things.

And thinking back to recent races, it's really interesting to me the extent to which the go-to Republican talking points on abortion went from the normal go-to talking points on abortion to race-ending gaffes in a pretty short amount of time. And a lot of our work in Kentucky, the Kentucky governor's race in 2023, we had some incredible investigative public records hits there, which I think were impactful. But some of our most important stuff was just like being there to listen to what he said about abortion, which was the main thing that lost that race for him.

Beard: Now, of course, like a lot of the Democratic movement in the wake of the Dobbs decision, reproductive rights have been a huge focus, both in terms, of course, of policy movement, but in a lot of electoral campaigns and a lot of Republicans who are all of a sudden running scared of abortion rights and their record. So tell us some of the things that American Bridge has been doing specifically in the reproductive rights area.

Dennis: Yeah. So the nice thing, the reason I love being at American Bridge, is I worked directly for political candidates for a long time in the research department, and what we would do is I'd get there at the beginning of the year, we'd build up a research shop, we'd have all this great research, we'd have all these videos so well organized, we'd have processes in place, and then election day would come and we'd tear it down and we wouldn't have it anymore. And then I'd build it up next year again. American Bridge, we've been around for a lot of years at this point, and none of the work we do ever goes away, and that has just been a huge advantage for us since Dobbs.

The first thing we did when the decision leaked is we just compiled every Republican we've ever covered and we put it online at a website called repro-files.com. It's repro-files.com. Just every Republican's past positions and statements and videos and issue papers and questionnaires from their state's right to life that they signed. We just put that all up online. This is not stuff that they were hiding until the Dobbs decision came down and then you started seeing it come down off their website. You started seeing they were deleting it out of their bios. If they were on the board of some organization, that was getting deleted. So one of the great things that we have is just our archive going back into history.

And on the issue of abortion, it was just a matter of putting it online where everybody could find it and know what these people believe, which is gratifying in some sense the fact that these folks have these terrible positions. It's horrible that this is what it had to come to make this into such an important issue, but at least we were there and we had the information. We were able to get it out there. And we saw a lot of it was getting used and paid media advertising was getting. Reporters were using it as a resource. So that's been a huge part of what we've been doing on that issue.

Nir: So, Pat, a little while ago you mentioned Todd Akin, which I don't know, in this world is always going to be one of the great legendary all-time stories, but let's dig in a little bit more about tracking because it's not just as easy as sending someone with a camera or, of course, these days, with a phone to follow someone around everywhere 24/7. It's not like you're staking them out like a private investigator. What are your dos and don'ts at American Bridge that you've developed for tracking?

Dennis: So our trackers, there was a time when I first got into politics — the 2009 election was my first election as I was actually a tracker myself, and what I got on video was important and I wrote up tracking reports — but really what that campaign hired me for was to get up in there, stick that camera up in Chris Christie's face in 2009, and make him nervous. Make him remember that he's being filmed and if he screws up we're going to make hay of it. That is not really what we do anymore, because our capacity to actually use the stuff that these candidates say has just gotten with vertical video with Twitter, with just our giant list of reporters. What we actually want is to quietly sit in the back of the room and record these folks.

So basically, we used to want these candidates to know we were there. These days, we are not disruptive. We're very quiet. We will frequently not even set up a tripod or a video recorder. We'll sit in the back of the room with an audio recorder if we have to. We still prefer video. But really no confrontations. Don't even let them know who you are, if possible. Our goal is to capture as much video and audio as possible.

So in terms of dos or don'ts, don't make a show, don't antagonize the staff. Obviously, this has always been true, but don't touch anybody. And that goes on both sides. I remember in New Hampshire, this was maybe 2015, it was a Rand Paul staffer who walked up to our tracker standing in the back of the room and licked the camera, resulting in some incredible footage and one of the weirdest rapid response meetings we've ever had to do.

Nir: Of course, this guy's working for Rand Paul.

Dennis: Oh yeah.

Nir: I mean, that is so distasteful.

Dennis: Yeah. When Rand Paul interviews, I'm pretty sure they have a test like, what's the weirdest thing you would do to a tracker? That's a big part of the Rand Paul hiring process. That's our thing. We're pretty hands-off. The trackers are there to be a fly on the wall.

Beard: Now, one thing I remember being pretty interesting about the whole tracking system is sometimes it was really easy to know where the events were. Candidates would publicize things everywhere and you would know their schedule from event to event, and some particularly incumbents sometimes took a very different tack about really hiding their own appearances, which made tracking a lot more difficult. Is that still the case? Do you still sometimes have these hidden Republicans who don't want to ever have a public event that someone might show up at?

Dennis: Oh, yeah. That is a constant problem. It's become easier and harder. As things have moved online, there are far more events that we can send a person to; they get kicked out, and we just record the live stream. So that's become nice, but as you said, there are definitely folks who do not want to be found, and really there is no science, all art for figuring out how to get into that stuff. You have to be on the Facebook pages. Sometimes somebody mentions it in a Facebook comment on a livestream somewhere, and then you're like, "Oh, well, I guess he's going to the fish fry next week." Sometimes you’ve just got to go to an event where he might want to go to that, but we have no indication. So that is definitely a real problem, and it's just you’ve got to be online all day long trying to find these folks.

Beard: Now, in recent years, as you mentioned, American Bridge has really expanded its rapid response network. It used to be very focused on getting the material and then it was up to others to run with it, and Bridge has really expanded its own capabilities to run with stuff, including some paid media. So which of these have really you found to be most successful in communicating with voters? How has American Bridge's experience been dipping its toe into really communicating with voters directly?

Dennis: It's a little verboten for this podcast because our paid media work has really focused, not exclusively, but largely on the presidential races.

Nir: I wondered where you were going with that when you said it was verboten. I was like, "Are we going to be breaking some FEC rules?"

Dennis: You can use the P word on this podcast. We've largely been focused on the presidential race in 2020, but we've also done just a lot of work. We worked in the Georgia runoffs after the 2020 election, and really our paid media is focused on taking real voters, real people. This is the hardest way if you're ever going to do ads. If on one end of the spectrum, you have the studio spot where it's all computer graphics, a stock photo, and a stock video, that's the easiest way to make an ad. If you want to make your life as hard as possible, commit to taking real people from the actual state who are completely unpaid and just have them talk about their opinions on political issues and cut those into ads. That's what we do, and we find it is absolutely the most effective way to communicate. We don't write scripts.

We basically find people who, in 2020, it was largely people who voted for Trump and were disappointed. This time around, it's largely people, some of whom voted for Trump, some of whom didn't, but folks talking about their experiences with Biden, the way that the legislation we passed has helped them, and also just like the disappointment with Trump, but also the revulsion at his actions, especially around January 6th and things like that. So we find these people who are actual voters in the states that we're focused on and we go to their house, we set up a camera, and we talk for a couple of hours, and then we cut that into TV ads. That's our methodology and we find it tests really well.

Nir: I am always curious about this kind of question, how do you put out the call for folks like this?

Dennis: It's so hard. This is the nice thing, we're a few years into this now and we've gotten it down. We started out just throwing everything at the wall. Who do you know in the state? We even experimented with hiring paid canvassers to go around and talk to people. Really, what we've settled on as the best solution and is working extremely well is we have 75, 80 staff at American Bridge, many of whom have worked in these states. We are working our networks that way, but also we have organizers on the ground who are doing the work the way a field organizer on a campaign would do it, except their goal is to bring people into this paid media funnel.

So that's been working extremely well. Honestly, I did not expect to have as many people in the pipeline as we do this time around, because people, you hear some negative things in the media sometimes. But what we've actually found is people have a lot to say on this stuff, especially people who were disappointed by Donald Trump. They are out there. They are worried he's coming back and they want to speak out.

Nir: Well, we've been talking with Pat Dennis, the president of American Bridge. Pat, before we let you go, where can people learn more about American Bridge, the work you do, and you as well?

Dennis: Yeah. Our website is americanbridgepac.org, but there are a few places you can get to these from americanbridgepac.org. We also have trumpresearchbook.com. That is the research book on Donald Trump. What are all the bad things he's done? It's all organized by topic and issue area and every disastrous thing that he's been involved in, and it's updated very frequently. Repro-files.com, that's repro-files.com. That is a giant database of Republicans' positions on the issue of abortion. And then I'm still on Twitter. I know I shouldn't be. I'm also on Threads. I'm also on BlueSky. My name is Pat Dennis on all of them. You can find me there. I'm trying to break the Twitter habit, but old habits die hard.

Beard: Aren't we all?

Nir: It's a tough one to break. Pat, thank you again for coming on “The Downballot” this week.

Dennis: Yeah. Thanks so much for having me.

Beard: That's all from us this week. Thanks to Pat Dennis for joining us. “The Downballot” comes out every Thursday, everywhere you're listening to podcasts. You can reach out to us by emailing thedownballot@dailykos.com. If you haven't already, please subscribe to “The Downballot” on Apple Podcast and leave us a five-star rating and review. Thanks to our editor, Trever Jones, and we'll be back next week with a new episode.

The Downballot: The race for the House in a post-McCarthy world w/ Jeff Singer (transcript)

While the House continues to be in crisis from the fall of Kevin McCarthy and the Republican Conference’s inability to unite around a new candidate, the 2024 Congressional races are well underway. Daily Kos Elections’ own Jeff Singer joins us to run through some of the notable developments in the most competitive races, including George Santos’s ongoing legal drama and Nancy Mace’s strange theatrics.

Host David Beard and guest host Joe Sudbay also preview the first round of the Louisiana governor’s race, taking place this Saturday, October 14. They then discuss the new voting restrictions that North Carolina Republicans passed into law over Governor Cooper’s veto and review the new Alabama congressional map that a three judge panel decided will be used for the rest of the decade.

Transcript has been lightly edited for clarity.

David Beard: Hello and welcome. I'm David Beard, contributing editor for Daily Kos Eelections.

Joe Sudbay: I'm Joe Sudbay, guest hosting again for the third week in a row. I usually can be found on SiriusXM Progress, but what a treat to be here with you one more time.

Beard: Yes, thank you once again for joining us, Joe. “The Downballot” is a weekly podcast dedicated to the many elections that take place below the presidency from Senate to city council. If you haven't already, please subscribe on Apple Podcasts and leave us a five-star rating and review.

But this week we've got a really interesting episode. We're going to be previewing the Louisiana governor's race, which of course the first round is this Saturday, strangely enough. Then we're going to talk about the North Carolina election changes that the legislative Republicans just passed, overriding Governor Cooper's veto, and then we're going to talk about the new Alabama map that has finally been implemented that will allow a second district where black Alabamians can elect a Representative of their choice. Good news in a story we've been following for a long time.

Then after the break, we're going to talk with Daily Kos Elections editor Jeff Singer. We're going to run through some key House races, events that have been going on over the past few months, announcements, dropouts — all sorts of interesting stories that have been going on under the radar. We know the House is going to be super important for 2024. We've seen what's been going on with this house and the speakers race and all of that. So we want to get up-to-date information on these key House races as they continue to develop this fall. So stick with us and we'll be right back after the break.

Well, for this week we do have a preview of some elections in one state, but it's a bit of a weird one. It's Louisiana where, of course, they love to have elections on strange days and times. So this time it's of course the first round of their elections, which is taking place on a Saturday as it always does in these odd years.

It's taking place this Saturday, October 14th in the first round, where then anybody who doesn't get 50% or higher will go to a runoff with a second round, taking place on another Saturday, November 18th. So hopefully the people of Louisiana know that those are the dates because it's not like the rest of the country.

Sudbay: It's not like the rest of the country. It's Louisiana, they have to do things their way and they do. And this is of course an open seat, for Governor John Bel Edwards, who's been the Democratic governor for the past eight years, is term limited. And man, it's been quite a race and a lot of money spent on this one, David.

Beard: Yeah, so there's probably three key candidates here. The first is probably the favorite, far-right Attorney General Jeff Landry, who has been looking at this governor's race for a long time, and has long been seen as the favorite. The polling all puts him as the leader. The most recent poll from Mason-Dixon, which was in late September, had him at 40% well clear of the rest of the field. So he'll almost certainly make it to the second round.

There's even an outside chance he could maybe make 50% and avoid the runoff, though I don't think that's what people generally expect. I think people expect there to be a runoff. And then the most likely opponent for him in that second round is former state Secretary of Transportation Sean Wilson, who's the only serious Democrat running. In that Mason-Dixon poll he had 24% and I would guess he probably doesn't have the best name recognition, so I would expect him to do a little better than that as Democrats right before the election will be like, "Oh, who's the Democrat in the race? I'll go vote for him," who haven't really been paying attention otherwise.

So I wouldn't be surprised if he gets close to or north of 30% something as the only main Democrat that everybody's pushing there. And so I'd really expect those two candidates to be the ones to make it to the runoff. There is a third candidate who's had a fair amount of money spent on his behalf, and that's former state Chamber of Commerce head Stephen Waguespack.

He's a more establishment Republican. He was really recruited by Republicans who don't really like Landry, but the money spent attacking Landry hasn't really gone anywhere in the Mason-Dixon poll. He's at 9%. He's well behind Wilson for second place. So I don't think we're going to see a lot of surprises on Saturday. Of course you never know, but I think we're heading towards a Landry-Wilson runoff.

Sudbay: Yeah, Landry. I mean it's interesting trying to find a more establishment Republican because the establishment Republicans are the Landry types now, that's who the party is. I followed his career mostly through a legal lens. Louisiana's in the Fifth Circuit Court of Appeals. And so often Landry has teamed up with the very, very, very, very corrupt attorney general of Texas, Ken Paxton, to challenge any kind of progressive policy pushed by the Biden administration and bring it into court, bring it up to the Fifth Circuit so that will be blocked. So he is a hardcore MAGA extremist Republican and obviously, he's the front-runner in the GOP, for the GOP, at least right now.

Beard: Yeah, it's going to be a pretty big shift from Edwards who obviously has governed in a pretty centrist manner, being a Democrat in Louisiana, but has done a lot of good things where he's been able to... Unfortunately, yeah, as you said, the Fifth Circuit is really where anything Republican attorney generals can imagine is possible.

If you want to block a Biden administration rule, you don't need a good reason. You just need to file a lawsuit. If you want to overturn FDA requirements for birth control, go for it, they'll let you do it. So it's probably the worst circuit court in the country and Landry has taken full advantage of that as Attorney General and I would expect some very bad policies to come out of Louisiana if he does end up winning the governor's race in November.

Sudbay: Yeah, it's Paxton, Landry, and then over in Mississippi, Lynn Fitch, the right-wing attorney general of that state too. They have been trouble for every possible progressive policy that they can get there little legal hands on.

Beard: Absolutely. Now I've got some good news and I've got some bad news. Which one do you want to talk about first, Joe?

Sudbay: Well, let's get the bad news out of the way.

Beard: Okay. Bad news out of the way. So of course we're going to my home state of North Carolina for the bad news, as it seems like we so often do. So North Carolina republicans in the state legislature have used their, of course, gerrymandered districts and their turncoat Democrat- turned- Republican to get a supermajority to override Democratic Governor Roy Cooper's vetoes of two bills about voting rights and election integrity ahead of the very competitive races we're going to be seeing next year.

So the first new law is all about the state Board of Elections. Right now, the state Board of Elections and all of the county Boards of Elections are all appointed by the governor. He appoints a majority of his party. So there are three Democrats and two Republicans, of course, like all of these setups, he gets the nominees for the Republicans from the Republican Party.

So it's not like he's appointing fake Republicans or anything, but the governor's office has historically gotten the majority on all of these boards. Of course, Democrats have taken this opportunity to do things like expand voting rights, make it easier to vote, and of course Republicans don't like that. So they have changed these Boards of Elections to have a split.

So there's an even number of Democrats and Republicans, so the Democrats can no longer pass new rules to make it easier to vote. Instead, what you'll end up is with a bunch of deadlocks, anytime the two parties disagree — and thanks to a previously passed law back in 2018 that Republicans did, if there's a disagreement and a deadlock on an early voting plan, then any county that can't agree reverts to having just one early voting location per county, regardless of population with relatively limited operating hours.

And of course that's going to be a much bigger deal for the big urban counties where there are a lot of Democratic votes like Mecklenburg, which is where Charlotte is, and Wake County where Raleigh is. Those having a single voting location would be absolutely terrible. You would see those hours and hours and hours-long lines that we've come to know in other states. So hopefully that won't happen. But that of course is what Republicans can hold over as a threat to make sure they get whatever limitations or restrictions they want in these counties to make it harder to vote.

The other law does a lot of smaller restrictions around the edges. It makes it harder to register same day and vote that day like North Carolina has during early voting. It requires that mail-in ballots be received by election day instead of just postmarked by election day. And it also makes it harder to fix problems with mail ballots that are missing witness information.

All of these things Republicans claim it's for election integrity that's all made up. It's really just to make it harder for people to vote in the hopes that they can cancel out some democratic votes who make a mistake.

Sudbay: Exactly right. And the thing is, even those measures you mentioned that eat around the edges, there's an estimate that the voting, having the ballots due on election day as opposed to a couple days later could disenfranchise around 10,000 people. And this is a state where every vote matters. We've had incredibly close elections there.

We had a state Supreme Court raised a couple years ago that the Democrat lost by 400 votes, and it's just a further example to me, David, when Republicans get power. And you mentioned they got power in this state because of a turncoat Democrat who switched to Republican, Tricia Cotham; it was just a treacherous thing to do and has endangered the lives of people in that state, including the LGBTQ community.

They do everything they can to prevent people from participating in the electoral process. It is like just such a main part of the GOP's DNA these days: prevent people from voting, and they've been at it in North Carolina in a big way,

Beard: And many of these changes had been passed previously and struck down by the previously progressive-controlled North Carolina Supreme Court. But unfortunately, as you mentioned with recent losses, the GOP now controls the North Carolina Supreme Court and they're widely expected to let these changes go through, which of course will make it harder for Democrats to win back control of the court in the future. As we've often seen in other states where this has happened, like Wisconsin, where it's this cycle of make it harder to vote, make it harder to elect Democrats once Republicans have power. So it's very disappointing.

That being said, obviously there's still a lot of energy in North Carolina. They're going to have a governor's race next year. They're going to have a lot of really important state legislative races and important congressional races. Obviously, the gerrymandered maps which are going to be coming later this fall is going to make everything much harder, but I still think there's going to be a lot of energy there and a lot of work there to elect as many Democrats as possible.

Sudbay: I completely agree, and I think that the groups on the ground know the challenge that's ahead of them and know what they're up against and are furious about it. And let's just say the North Carolina Democratic Party Chair Anderson Clayton is terrific and has infused so much energy into the party. And that I've been able to interview her and I just think she's terrific, and I think it shows a kind of a new direction for the party and a new energy and they are in it to fight and they're in it to win.

Beard: Yeah. So obviously since I'm here, we'll definitely be returning to North Carolina throughout the next year looking towards 2024. But now onto the good news, one of the topics that we've been covering for a number of months here on “The Downballot” is the Alabama redistricting cases. And finally, finally, Alabama has a new fair map that will allow black voters to elect two congresspeople of their choice. A federal court just this past Thursday chose the new congressional map that Alabama will be using in 2024. It was one of the three maps that we talked about that the special master recommended. It was map three, for those of you keeping track at home.

Compared with the previous map this new map significantly reconfigures the 1st and 2nd districts in southern Alabama. It turns the 2nd district from a majority-white, safely Republican constituency into one that is 49% black and just 44% white. It does that just by connecting the cities of Montgomery and Mobile in southern Alabama. Doesn't do anything crazy as Republicans like to complain about, but it's two cities that have large Black populations, which allows a second district to be created. It keeps the previously-created district centered around Birmingham and the northern part of the Black Belt. And so we're going to see two Democrats presumably elected in 2024. Black voters in Alabama are going to have their voices heard. And it's going to be a good benefit to the state and of course to Democrats nationally to have one more safe seat in their column.

Sudbay: Absolutely right. And it is one of those — just to remind everyone, and I think listeners of “The Downballot” know this is because of a very surprising Supreme Court decision in June, the Milligan case — the Alabama Republican legislature, and the Alabama Republican governor and Alabama Republican Attorney General tried so hard to thwart what the Supreme Court told them to do. So seeing it come to fruition is really important and a big step forward for democracy as well as for the Democratic Party.

Beard: And of course, we're still waiting on cases in Louisiana, Georgia, and Florida on similar claims. Some are slightly different, but all in the general sense of making sure Black voters have the opportunity to elect representatives of their choice, so there is potential for other seats to be reconfigured as well. Looking to the future of these two southern Alabama seats, right now of course they're represented by two Republicans. The current 2nd district Rep., Barry Moore, he's the one now in the Democratic seat.

He's saying he might bail on the second district and instead run against fellow GOP representative Jerry Carl in a primary for the 1st seat, which is now very Republican because obviously it took the whiter, more Republican parts of both of those districts, but it would probably be at a disadvantage for him. Carl represents about 60% of this new reconfigured district while Moore currently represents about 40%. That being said, it could be a big fight. I don't really care who wins, as long as there's one less Republican from southern Alabama at the end of it.

Sudbay: I couldn't agree with you more on that one, David Beard.

Beard: Well, that's it for our weekly hits, but after the break, we're going to be talking with Daily Kos Elections editor Jeff Singer. He's going to run us through a lot of the most interesting and notable House announcements and other events that have been going on in House races over the past couple of months. There's been a lot of change going on. Obviously, the House has been all shaken up with the speaker race and the ongoing drama there. So the 2024 races for the house are going to be incredibly important. And so we're going to talk to Singer about the most important ones as they continue to develop this fall.

Joining us once again is Daily Kos Elections editor Jeff Singer. Welcome back, Jeff.

Jeff Singer: Thank you, Beard. It's great to be back.

Beard: So yeah, so we are talking about the House races. Of course, there's a ton of House races. It's very, very difficult to keep track of all of them. Jeff does an incredible job going through and keeping us updated on all the various events and all of the competitive House races across the country. So we wanted to check in with him and go through a lot of the key events, announcements, and other things that have been going on in these races in the past couple of months as we start to turn our attention to the 2024 race for the house.

So to start off though, we wanted to just check in briefly on redistricting. We talked about the Alabama case, the new seat there during the weekly hits, and we know there are a couple of maps where there are still some big questions outstanding. So give us just a brief overview of that.

Singer: Yeah. So the biggest states that we're really looking at are New York and North Carolina. New York, last year the Democrats drew an aggressive map, courts threw it out, they crafted their own. Democrats are hoping things will be different this year. There could be a different map, more friendly to Democrats, but that's still to be decided. North Carolina, no question. The current map is done. There's going to be a Republican gerrymander. It's supposed to be unveiled next week, probably enacted the following week.

It's going to be bad. The question is how bad and exactly who it impacts? But it's going to be bad. Right now there are seven Democrats and seven Republicans in the 14 members of the North Carolina delegation. It's going to be very lopsided very soon in favor of the Republicans and we're just seeing who's going to be impacted and how badly. There are a few other states we're looking at. Georgia, Louisiana, they might have to draw a second Black-access district like Alabama just did, but their various court maneuvers things we're waiting on might not happen in 2024 or ever, we're seeing. So those are the big ones we're waiting on.

Sudbay: So those are obviously important and well, the house is so close right now. I mean, it's a 222 to 213 margin, every seat matters. And last year we were all very excited when the Alaska at-large seat which was open for the first time in a long time was won by Democrat Mary Peltola. What's that shaping up for? We know it's going to be competitive next year. What's it looking like?

Singer: Yeah. So it's definitely going to be a Republican target, but we're not really sure who Republicans are going to run. It's Alaska; it's a state that, except for a 1964 during LBJ's landslide, has voted Republican in every presidential election where it's been a state. Trump won 53% of the vote to Biden's 43%. It's not friendly turf for Democrats, but Peltola ran a great campaign, had some very bad opponents, and one of them is back, Nick Begich III. He's from a very Democratic dynasty in the state, but he's a Republican. He ran in both last year's special election and regular election, and he made some enemies, especially among allies of former Republican congressman Don Young, whose death set off the special election.

Begich was a young ally, but he started planning his run against Young while he was working for Young. That went over very, very, very badly with people who remember the congressman and are not fond of that. Begich ran in the special, got overshadowed by Sarah Palin and the rest is history. Begich ran again, also got overshadowed by Sarah Palin. And because of how Alaska does its rank-choice calculations, we know that if Begich instead of Palin had been the second-place finisher instead of the third, he would've still lost to Peltola by about 11 points, about as badly as Palin, actually a little worse.

So he's damaged goods, but who else will run? That's the big question. Alaska, if nothing else, has a very, very deep Republican bench. And it's going to be a question of who, not if, somebody strong runs. And Alaska has an unusual electoral system. The top-four primary, everyone runs on one ballot, no partisan primaries; the four candidates with the most votes advanced to a ranked-choice general election. So there could be a few strong Republicans if they go after each other instead of Peltola. Good news for her. If one strong person breaks through and focuses their energies on Peltola could be different than what we've seen, but she's a very strong incumbent. She's going to put up a huge fight, no question.

Beard: Yeah, and of course we know that Alaska like many small states, they are a little bit more incumbent-friendly than some of the bigger states where there's not much of an incumbent advantage anymore. So that could also boost Peltola and now that she's there, she's established herself that there'll be some people who were maybe unsure about her before she was a congresswoman that are now willing to give her the benefit of the doubt.

So I want to turn to California. One of the seats that has been competitive year after year at this point; Democrats did win a former version of it in 2018 only to lose it again in 2020. And that's California 22. So tell us how that race is shaping up yet again this year.

Singer: Yeah. So this is in the Central Valley that Republican congressman David Valadao —  he's mostly been a political survivor, like you said — he lost in 2018, came back in 2020. He's very used to running ahead of his party's ticket. And last year he had a very close election with Democratic Assemblymen Rudy Salas. People have been anticipating a rematch for some time. They're getting it, but not maybe quite the way we all expected. Salas is running again, but it's not just going to be those two. There's another Democrat, state Senator Melissa Hurtado. She unexpectedly announced she was running in August. She represents most of this territory in the state senate already, so she's very familiar.

There is also another Republican who's a very familiar name to Valadao, Chris Mathys. Mathys he's a perennial candidate. He's running in New Mexico, he's running back in California. In 2022, he got close to taking out David Valadao, he really actually. California, like Alaska, doesn't do party primaries. It's the top two primary. Everyone runs on one ballot, two candidates with the most votes regardless of party advance of the general election. Democrats really wanted that to be Mathys. And Democratic outside groups spent a lot to try to make that happen, Republicans saw what was happening; they intervened. Valadao narrowly beat off Mathys before beating Salas. Mathys is back again.

So instead of the probably two-person race that a lot of us were expecting a few months ago, now there's four candidates running in the top-two primary, and it makes things unpredictable. There's always a possibility two Republicans or two Democrats will advance and lock the other party out. And even if it's one Democrat or one Republican, this could be another close general election. Joe Biden won 55% of the vote here, but like I was saying earlier, Valadao has a long history of running ahead of the ticket. He's not going to be easy to dislodge unless somehow Mathys does it for us this time.

Sudbay:

Yeah. The thing about, you mentioned state Senator Melissa Hurtado — I always remind people about California, a state Senate District is bigger than a Congressional District. There are 40 State Senators and 52 members of Congress. So that's quite a base to build from. And Valadao is someone who has survived, but also this past year, he's now part of a very extreme caucus and I wonder how that will impact things. Jeff, let's head south in California to the 45th Congressional District. That one I think is another one that could be competitive this year and got a new entrant recently.

Singer: Yeah, so this is in western Orange County. It's held by Republican Michelle Steel. This is one of those areas in Orange County that was Republican for a very, very, very long time and became more Democratic in the Trump era, but is still pretty Republican down the ballot. Joe Biden won 52 to 46 in 2020, but Governor Gavin Newsom lost it 51 to 49 two years later. So still a lot of voters who like the Republicans down the ballot.

Michelle Steel, she's a former Orange County Supervisor. She's been around a long time. She won races when Orange County was very red. She's held on when it's been more purple and blue. Last year, she won a close race by going after her opponent who was an army veteran, by tying him to China. Some red-baiting tactics that are very, very familiar to the Orange County electorate.

A few Democrats announced over the last few months, but they've all been struggling to raise money. That's a big problem in a district like this because it's very expensive to air TV time around here. Last week, Democrats did get an interesting candidate, Derek Tran. He's an attorney. He's well-connected. He announced he'd raised a quarter of a million dollars on his first day. Good start. Tran's Vietnamese-American. There's a large Vietnamese-American electorate here. He's also a veteran. Maybe that'll help him fight back against the inevitable red-baiting tactics we're going to see from Steel.

Sudbay: Now, there's a whole list of California races we could go through. We know there's a lot of competitive races in that state, but I want to take us to the Northeast where there's also a lot of competitive races, and to Connecticut, which is maybe not a state that people think of when they think of Congress because it's entirely represented by Democrats. It has been for over a decade. But Connecticut's 5th District is still pretty competitive. It had a really, really close race in 2022. And we're looking at another close race again, right?

Singer: That very well could be. The Democratic incumbent up in the 5th District, which is the northwestern part of the state that's Jahana Hayes. She won last year by turning back Republican George Logan by about 2,000 votes. Very close, very expensive race. Rare close congressional race in Connecticut. Logan's back. He's hoping he can get the job done this time. But there's a few complications. First of all, this is a pretty Democratic district. Hillary Clinton, she won it by about three points in 2016. Joe Biden expanded his margin of victory to about 11. So it's a region that has been open to Trump appeals, but still fairly Democratic, and Biden's 2020 win is a good sign. Also, Logan might not have the Republican primary to himself this time.

There are reports that former ESPN broadcaster Sage Steele is thinking of running. She's gotten a lot of attention, not all of it good in the last few years. She was in this big fight with her employer over COVID vaccine mandates. She's against them. She's said some very unpopular things about former President Obama and his decision to identify himself as Black. So not exactly the dream recruit you'd think for a district that's probably going to vote Democratic again for President. But some people like her. She is famous.

And as we saw with Kari Lake, having broadcast experience, no matter what's coming out of your mouth, could be very, very formidable in a general election. So we'll see if she runs, but either way, this is something Democrats are going to be looking at closely. But it could be harder for Logan or whoever the Republican nominee is to get the job done this time with the Presidency on the line.

Sudbay: Right. And Connecticut is, like you said, a very Democratic state and the lines have changed in that district so this'll be a chance for Representative Jahana Hayes to run on a ticket with Biden in a Presidential year. While we're in the Northeast, let's head up to my home state of Maine and the 2nd Congressional District. Jeff, what's going on up there?

Singer: So this is one of the five districts in the whole country where Donald Trump won in 2020, but a Democrat won in 2022. Alaska's one of them. And this one is home to Jared Golden. He's one of the more prominent moderates in the House. He's won three terms in the state, even as it's gotten pretty Republican. Trump won it 52 to 46. Republicans really want to take him down this time and the Republican leadership, or maybe the former Republican leadership, they got an interesting candidate recently, a state Representative. His name is Austin Theriault. He's a former NASCAR driver. He's competed in some big races. He's placed in the 30s, so not exactly someone who most NASCAR fans probably know, but he has the local boy made good image.

He's running, but he's not even the only state Representative running in the Republican Primary. There's Mike Soboleski. He decided to get in. He's a former actor. He had some bit parts on cop shows like Law and Order. He was a 9/11 responder. Like Golden, he served in the military. So we could have a big Republican primary that the GOP leadership really would prefer not to have. And Golden, he's pissed off a lot of Democrats by just bashing the party's progressive wing. But he's a smart campaigner. He's won crossover votes before and he's looking to do it again. And I should mention, along with Nebraska, Maine's the only state where if you win a Congressional District, you get an electoral vote. So this one, we're not really sure if both parties are going to target Maine's 2nd district for its electoral vote after Trump won it twice, but maybe. So this could be extra interesting,

Sudbay:

Right. And a couple other things to know about Maine is, there was some redistricting that brought parts of Augusta and some blue areas into the Second Congressional District because the First District was far more populated. And the other thing is, Maine uses ranked-choice voting like Alaska does, and Jared Golden has won using that process I think all three times so far. And it will be a factor again in 2024.

Singer: Yeah. And if enough Republicans run and no one gets 50%, they're going to have to use ranked-choice in their own Primary, which will blow their minds. They hate that.

Sudbay: Nothing would be better for me. I so hope now that nobody gets 50% and Republicans are forced to use ranked-choice voting in their primary to decide their nominee. That would be incredible.

Singer: I love it.

Sudbay: So now, of course, the race that everyone's heard about, the race that we could probably do a whole episode about, is New York's 3rd congressional District and George Santos. He's probably the freshman congressman who's gotten more press than anybody else. Tell us what's going on.

Singer: So one day before we recorded this, on Tuesday, he got indicted again for allegedly using stolen credit card information to make fake donations to make national Republicans think he had a lot more money than he did. And Santos, he's insisting he's running again, he's insisting, "I'm not going to take a plea deal." I don't think anyone on earth, up to and maybe including George Santos, thinks he's going to be the nominee next year. So there are a few Republicans running to take him on the primary if he even gets that far. And Democrats really, really want the seat back. It takes up about half of Nassau County and a small part of Queens. If you've ever visited Teddy Roosevelt's grave site, you've been to this district.

And just before Santos got indicted again, a very familiar Democratic candidate from yesteryear came back, Tom Suozzi. He's the former congressman. He's a Nassau County institution. Could do a whole podcast on him. He's been there forever. But the highlights: in 2001, he becomes the first Nassau County Democratic executive in 30 years. That represented a huge moment in this longtime Republican bastion. In 2016, he revives his career, gets elected to the House, runs for Governor again in 2022, and loses badly in the primary to Kathy Hochul for Governor. And then Santos flips this district. A lot of Democrats are pretty mad about Suozzi giving up the seat to wage a very long-shot bid for Governor that just flamed out, and giving Santos the opportunity.

And some of his Democratic opponents in the Primary have already highlighted that. They've said, "Look, you abandoned us. You can't just come back here." But he is. And there's a decent chance that primary voters aren't going to be picking whether Suozzi is their nominee in the next election though because, if Santos resigns or he gets expelled from the House, there's a special election. And under New York law, primary voters don't pick the nominees, the parties do. And party officials could go with whomever they want. And it could be Suozzi. It could be someone else. We'll see.

In any case, though, this is a top Democratic pickup opportunity even if George Santos was the most upright guy in the world. This is a district that Joe Biden won 54% of the vote in. This would be a target no matter what. And George Santos is not the most upright guy in the world.

Sudbay: That would be an understatement. And, also, as you mentioned at the top, Jeff, there may be some redistricting. We don't know. I was struck by Santos' comment when he was talking to reporters this week. He said, "I think I've made it clear I'll fight this to prove my innocence. So yeah, I'm pretty much denying every last bit of charges." That pretty much is... I don't know. And he has an arraignment on October 27th so we shall see. We shall see what happens there. Oh my goodness.

There is also another New York race. New York, of course, was a major disappointment for Democrats in November of 2022. But there was a bright spot for Democrats in August of 2022: the Special Election that was won by Pat Ryan. Talk about his race this go around.

Singer: Yeah. So, Pat Ryan was a rare success. He won the special election in the Hudson Valley. He won a full term under a different map in the 18th district. This is the Hudson Valley. If you've been to FDR's grave site, you've been here. Sorry, I'm not just going to keep mentioning where every president's buried, but-

Beard: That's a different podcast. We'll go through all of them.

Singer: Pat Ryan... Republicans really want the seat. Joe Biden won 53% of the vote here, but the Republican candidate for governor, Lee Zeldin, won 51% last year against Kathy Hochul, so this could be a battleground. And there's a familiar name who's running: the Republican nominee for lieutenant governor last year, Alison Esposito. In New York, candidates for governor, lieutenant governor, they run on the same ticket in the general election. So, Esposito has a claim to say that she won this district, even though most of the people there were voting for Zeldin over her. She's a Hudson Valley native, but she spent the last 25 years in New York as an NYPD officer well to the south. She just re-registered to vote up here. And Republicans like her. She'd be the first lesbian in the Republican House caucus, and they were impressed by her race for lieutenant governor. But Democrats have Pat Ryan. He is a military veteran. He proved twice last year that he's capable of winning very tough races.

Beard: Yeah, and I think it's important to remember that Democrats, they have some good targets to get to 218 in 2024, but they've got a bunch of districts that they're going to need to defend. We've talked about a few here. New York 18 is definitely one of them. They've got good candidates, incumbents that are fundraising strongly, but they're still going to need to hold on to seats like this, seats like Maine's 2nd, like Connecticut's 5th, to have the chance to then take the majority with these other offensive targets we've been talking about.

So, let's turn to a little bit of a messy Republican primary over in South Carolina. Now, this is a district that has been facing redistricting lawsuits. A court did have it ordered redrawn, but it went up to the Supreme Court. It was actually just argued this week. It sounds like the current Supreme Court is going to likely leave the current map in place. Obviously, we don't know until there's a ruling, but let's proceed under the assumption that the current map is going to stay in place, as we think that's the most likely. But tell us about SC-01 and the potential Republican primary there.

Singer: So, the Republican congresswoman is Nancy Mace, and she's made a bit of news over the last few weeks. She's sort of been all over the place ideologically in the last few years. She was an early Trump supporter in 2016. Gets elected to the House, really goes after him after January 6th. Doesn't vote for impeachment, but Trump, in 2022, targeted her. He backed a former state Representative, Katie Arrington, in the primary. It was an expensive primary. Mace highlighted that Arrington had actually lost the previous version of the seat in 2018 to the Democrats, Joe Cunningham. So, Mace portrayed her as a surefire loser and won 53% to 45%. Mace is now sort of reinventing herself as a Republican rebel. Maybe her politics makes sense to someone. A lot of people are just wondering, "What?" And her little scarlet A stunt a few days ago didn't exactly help things.

Arrington recently expressed interest in running again, but not only is redistricting a bit of a factor, it's just not really clear if Mace is really that vulnerable. She's pissed off a lot of people, but you could make the argument that she's also appealed to a lot of people with these stunts. Trump, who tried to go after her, there was a political report saying he now likes her because she's gone on TV to defend him. And I think Trump really does actually like people who beat his candidates and then turn around and say how great he is. I think he kind of respects that in a way.

I think Mace could actually be someone he endorses, but even if he doesn't, Arrington's a two-time loser, maybe somebody else will run, maybe not. But Mace is sort of... It's hard to know what's going on with her. Who knows what Nancy Mace will get tomorrow? Who knows what Nancy Mace will get in 2024? But unless there's a big redistricting change, this district is probably going to stay in Republican hands. Trump won 54% of the vote in this very gerrymandered seat, a place along South Carolina's coast that the Post and Courier just described as a rhino doing a face plant.

Beard: Now, for context, for anybody who missed this, Mace was of course one of the Republicans who voted to oust Kevin McCarthy. She obviously got a lot of blowback from that, as did the other Republican rebels. So, she showed up to a House Republican conference meeting wearing a giant red A, I guess in reference to The Scarlet Letter, and somehow her oppression as somebody who voted against Kevin McCarthy. It was all very strange, very theatrical, attention-grabbing, which Mace is becoming known for. So, who knows what her next little theatrical step will be? But at least she's got her gerrymandered district to keep her safe.

Sudbay: Yeah, she's one of the members of Congress who is so featured on cable news, and not Fox, but CNN, MSNBC. And a lot of reporters, they flock to her. And she always makes it sound like she's going to, "I'll defend abortion rights," or... There are a couple of other Republicans who do this. They whine about how extreme their colleagues are, but if you look at their voting records, they vote the same way as the rest of the caucus. It just drives me crazy.

Anyways, let's head down to Texas. Always a very interesting state. And hopefully, at some point in our lifetimes it'll get a lot more interesting in a good way. But there's a battle in TX-23, an intra-GOP battle shaping up. Talk about that one for us, Jeff.

Singer: Yeah, so this is west Texas. It's a very sprawling seat along the Mexican border stretches from the San Antonio suburbs to a little bit of the city of El Paso. Republicans gerrymandered it as much as they could. It used to be a swing seat. Trump won 53% of the vote here though. The Republican is Tony Gonzalez, and he's an interesting guy. He voted to recognize Biden's win, and he supported gun safety legislation after the Uvalde massacre happened in his district. Republicans don't like that. The state party censured him in March and Gonzalez responded by saying a quote in Spanish that the Houston Chronicle called, "Something probably too coarse for a family newspaper." So, interesting guy. And Republicans really want to take him down. A bunch of candidates have popped up. The far-right Freedom Caucus in the House has talked to a bunch of them, but they haven't consolidated behind anyone yet. So, going to see if anyone emerges as the front-runner here.

Some very hard-right candidates. Just to give one example, there's a gunmaker named Brandon Herrera, who has a big YouTube channel called The AK Guy. So, not exactly Mr. Gun Safety. But there are a few big questions here. For one thing, Texas is a state where if you don't get a majority of the vote in the primary, there's a runoff. So, it's not necessarily a problem for Gonzalez's opponents if there are too many of them because as long as he doesn't get a majority, one of them is going to go through and they can consolidate behind him. But it's really unclear if the electorate here shares the party's hatred for Gonzalez. And it still remains to be seen if anyone's really going to have resources to put up a fight against him because he's a very well-funded guy.

Sudbay: Right. If anyone isn't sure who Tony Gonzalez is, he's the guy who recently brought Elon Musk down to the border. And you might've seen some of the pictures of Musk wearing a cowboy hat backward. He was there with Tony Gonzalez.

Beard: So, then lastly, I want to wrap up with one more race to talk about up in Wisconsin. Haven't gone up to the Midwest yet, so I want to make sure and hit there. We had an open Democratic seat in 2022 that Democrats sort of gave up on a little bit, and it ended up being a lot closer than I think people expected. So, it looks like this is going to be a tougher race, a more challenging race the Democrats are really going to put up a fight in for 2024, right?

Singer: That's what we're hoping. This is southwestern Wisconsin. It used to be a very Democratic area, but it moved hard to Trump. He won 51% to 47% here in 2020. It's still very competitive turf. And the Republican congressman is an interesting guy, Derrick Van Orden. He was at the Trump rally just before the January 6th riot. He says he left before the violence. He's also a guy who's made national news multiple times for allegedly yelling at Senate interns. The day we're recording this, Wednesday, multiple House members say they went to the White House today to talk about the situation in the Middle East, and then Orden yelled at White House briefers and swore. And they were just not happy with this kind of behavior. Not exactly Wisconsin civility, but in this day and age, who knows if that's really a disqualifier?

There are some Democrats already running against him. One who just got in the race last week is state Representative Katrina Shankland. There were a few who are already running. Businesswoman Rebecca Cooke, she took second in the 2022 primary. And former La Crosse County Board Chair Tara Johnson. And like you said, Beard, this is a seat that Democrats really were not feeling good about last time. They stopped spending a lot of money here. It was unexpectedly close. Don't think they're going to want to make that same mistake again. And since Wisconsin's going to be a battleground, this area's going to get a lot of money no matter what. How much of it's directed at this district in particular and this race in particular? We'll see. But this is going to be an interesting one again.

Beard: And one factor to keep in mind is that Wisconsin has a later-ish primary. Their primary takes place in August, so this Democratic primary will probably go on for a while, and we will have to consolidate quickly. The party will be really important in making sure whoever wins the primary has the funds and the setup to be able to run a good race after that primary is over.

Jeff, thank you so much for joining us. This was a great rundown. We'll definitely be keeping track of all of these races. We'll definitely be talking to you again throughout the rest of this year and into 2024 as we follow the very, very close race for the House that we're anticipating to see next year. So, thank you for joining us.

Singer: Well, thank you for having me.

Beard: That's all from us this week. Thanks to Jeff Singer for joining us. “The Downballot” comes out every Thursday everywhere you listen to podcasts. You can reach out to us by emailing thedownballot@dailykos.com. If you haven't already, please subscribe to “The Downballot” on Apple Podcasts and leave us a five-star rating and review. Thanks to our editor, Trever Jones, and our guest host, Joe Sudbay. We'll be back next week with a new episode.

The Downballot: HAIL MOLECH! Massive Dem win in New Hampshire + redistricting (transcript)

We did it! And it's all thanks to Molech! We're devoting this week's episode of "The Downballot" to giving praise to the dark god himself after New Hampshire Democrat Hal Rafter won a critical special election over Republican Jim Guzofski, the loony toons pastor who once ranted that liberals make "blood sacrifices to their god Molech." Democrats are now just one seat away from erasing the GOP's majority in the state House and should feel good about their chances in the Granite State next year. Republicans, meanwhile, can only stew bitterly that they lack the grassroots fundraising energy provided by Daily Kos, which endorsed Rafter and raised the bulk of his campaign funds via small donations.

We're also joined by Daily Kos Elections' own Stephen Wolf to update us on the ongoing litigation over Alabama's congressional map. In an unusual move, the court's appointed expert invited the public to submit their own proposals as he prepares replacement maps, so Wolf took him up on the offer and drew two plans of his own. Wolf describes those plans in detail and sings the praises of Dave's Redistricting App, the invaluable free tool that has allowed ordinary citizens to participate in the redistricting process in ways never before possible.

This transcript has been lightly edited for clarity.

David Beard: Hello, and welcome. I'm David Beard, contributing editor for Daily Kos Elections.

David Nir: And I'm David Nir, political director of Daily Kos. “The Downballot” is a weekly podcast dedicated to the many elections that take place below the presidency, from Senate to city council. Please subscribe to “The Downballot” on Apple Podcasts and leave us a five-star rating and review.

Just a quick note to “Downballot” listeners that I'll be off for the next three weeks, but I know that I'm leaving you in very good hands with David Beard and our frequent guest host, Joe Sudbay.

Beard: We will persevere as best we can while you're gone, and I'll try not to get too comfortable with Joe as my co-host over the next few weeks.

Let's dive into today's episode and what we're going to be covering.

Nir: Well, I think I'm going out with a banger here because we are starting off with a massive, massive win in New Hampshire. Super excited about it. In less exciting news, we're going to be talking about the Texas Senate acquitting the extremely corrupt attorney general, Ken Paxton, and then some developments on the abortion rights ballot measure front in both Nevada and Ohio.

Our guest this week is Daily Kos Elections' own Stephen Wolf, who is joining us to talk about the redistricting case that is pending in Alabama and the maps that he submitted to the court-appointed expert who is currently drawing new districts for the state. It is a very fascinating discussion and an unusual opportunity. We have a terrific episode. Let's get rolling.

Beard, hail Molech, baby.

Beard: Oh, yes. I'm on board. Let's do it.

Nir: Democrat Hal Rafter, our buddy in New Hampshire, won a huge victory on Tuesday night, really huge in every sense of the word. He flipped a very swingy Republican-held seat in the New Hampshire State House by a dominant, dominant 56 to 44 margin. Rafter, of course, is the computer programmer and former official in his town who had run for this seat last year and lost by a very narrow margin.

He defeated Republican Jim Guzofski, who is the absolutely batshit pastor we have very much enjoyed talking about on “The Downballot” previously. He's the one who said COVID vaccines cause COVID. But most importantly, he's the dude who also said that abortion-rights supporters, like myself, like yourself, Mr. Beard, are motivated by blood sacrifices to Molech.

Beard: Who let them know? Who let the secret slip? We need an investigation.

Nir: Well, you know what, though? We still won. Even armed with that secret knowledge, there was nothing they could do about it. And now they're in really bad shape. As a result of this pickup, Republicans now have just a 198 to 197 margin in this chamber. And on November 7, mark your calendars, November 7, there will be a special election for a safely blue vacant seat. If Democrats win that one, then boom, the House is tied.

Beard: Yes. Well, looking forward to it.

Nir: Well, it's really hard to overstate how much I'm looking forward to this one as well, and just how remarkable this term of events is. Republicans had complete control over New Hampshire state government following the 2020 census, and we know what that means. It means that they were able to gerrymander the maps however they liked, and that's exactly what they did. They passed some pretty extreme gerrymanders in both the state House and the state Senate that they were obviously certain would lock in majorities for them for probably years to come.

But funny how 2022 really did not go the GOP's way in so, so many ways. And obviously, everyone knows about Democrats gaining seats in the Senate, about Republicans only barely winning back the House despite predictions they would flip 40 seats. But there are all these under-the-radar things that went really poorly for Republicans, including losing 12 seats in the New Hampshire House despite their gerrymandered map. It went a little bit under the radar in part because New Hampshire is a small state, and also because they didn't actually lose control of the House but they came really, really close, and now Democrats are just one seat away from tying the chamber. This is not a chamber that Democrats were supposed to be competitive in.

Beard: Yeah, it's just another sign that... Particularly what we saw in these northern states. I think New Hampshire can in some ways be compared to what we saw in Michigan and Minnesota and Wisconsin, where these areas are really not as friendly as much as they were to Trumpism and what the Republican Party has increasingly become. So we saw that in 2022, even despite… we saw in other states was more of a not-as-good reaction, but in these competitive states, there really was a backlash to Trumpism.

Nir: Yeah, absolutely. And it goes well beyond just this one race. New Hampshire Democrats genuinely have good reason to be feeling really good right now. Rafter, like I said, he won by 12 points, but this is a district that Donald Trump actually carried by a fraction of a point. So that was another big overperformance of the presidential baseline, something we like to talk about a lot at Daily Kos Elections and on “The Downballot.” And it's actually the fourth such showing by Democrats in the Granite State this year in four races. And it's not just the special elections for the state House; there were really strong results for Democrats in the city of Manchester on Tuesday night as well.

Manchester is the largest city in the state and it's having a race for mayor this year. And there was an all-party primary with four candidates on the ballot: three Democrats, one Republican. And Democrat Kevin Cavanaugh and Republican Jay Ruais advanced to the November general election. But I think the news for Republicans was pretty grim there as well because the three Democrats combined for 58% of the vote, and Ruais, the Republican, got just 42%. And that's the biggest spread we've seen in a Manchester primary in quite some time. And the primary results — I was just looking back at this, this week — tend to very closely resemble the general election results. So what Republicans would have to do, they would have to somehow turn around a 16-point deficit by November. And usually, the results have only moved maybe a point or two at the most from the primary to the general election.

The other thing I want to add is that New Hampshire doesn't really have any statewide elected posts, aside from governor. And because Manchester is the biggest city, winning the mayoralty there is often a stepping stone to higher office. And in fact, the current incumbent, Joyce Craig, is one of two prominent Democrats who is running for the open governorship next year that I think that Democrats have a really good chance at flipping.

So it would be awesome to see Democrats with the governorship, and then continue their hold on the city of Manchester, and install Cavanaugh and have him become the next possible Democrat to run for a higher office. I don't know. I really like the way things are shaping up for our friends to the north.

Beard: Yeah. And as part of a pattern we've seen of Democratic overperformances, both in New Hampshire and across the country, I think there's been some increasing chatter about the consistency of these special election results. And I think you can't take them as like, "This number equals Democrats will do exactly X well next year," or anything like that, but it's certainly an indicator of Democratic enthusiasm of the fact that Democrats have not fallen off the way that we saw Democrats fall off in the wake of Obama's two elections, where the special election turnouts really dipped in the Obama years when Democrats were not motivated outside of his elections. So it's certainly good news. It has been so far. And we'll keep looking at special-election results as they come and hope that this good news continues.

Nir: I think your point, Beard, about enthusiasm is really well taken because there's one final thing that I absolutely have to note about this race, which is the role that the Daily Kos community played in Hal Rafter's win. We endorsed Rafter early on in his campaign, and his last fundraising report prior to the election showed that he raised $47,000, which is actually quite a ton for a state House race in New Hampshire. The Daily Kos community was responsible for $34,000 of that total. Well, that's almost three-quarters of his total. And we're talking small donations. The average was less than $14 apiece. That is kind of mind-blowing to me. And this was such a good race for grassroots donors to get involved in.

The total voter turnout was about 2,800, and that is actually quite high for a special election like this, but obviously, 2,800 people in raw numbers, that's really, really small. And that just means that if you're a grassroots donor giving 10, 15, 20 dollars, you are getting tremendous bang for your buck. Your money is going a really long way in a race like this. That's why I love getting involved in state legislative races. To me, the smaller, the better.

And the cherry on top, Beard, is that Republicans were really angry about this. They had so little to attack Rafter over, that they actually sent out a mailer instead attacking us, attacking Daily Kos. They did a mailer complaining about the post that I wrote announcing Daily Kos's endorsement of Hal Rafter. And the headline of the post was something about we could nuke the GOP majority in the New Hampshire House. And they did this mailer where they had a picture of a mushroom cloud calling out the fact that we said we want to nuke the GOP majority.

It was like something from the cutting room floor from “Oppenheimer.” And they called Daily Kos a, quote, unquote, "national hate site" and linked to the post with the—they had a little URL on the bottom as tinyurl.com/gopnuke. I'm like, "You're actually making us look kind of awesome here."

But really, they have nothing like our energy and enthusiasm. They just don't have this small-dollar grassroots machine that we do. And we know that for an absolute fact because Guzofski, his total fundraising was $450, not leaving off any zeros. Less than 1% of Hal Rafter, and Daily Kos was responsible for the vast majority of Rafter's fundraising. It was freaking awesome.

Beard: Yeah. Well, there is one Republican that has a small-dollar base. It's Donald Trump, but it all goes to his legal expenses. So that's where all the Republican money enthusiasm is currently heading towards. But yeah, I mean, I think there's nothing more than grasping at straws when you see the Republican side sending out a mailer attacking Daily Kos's headline writing, really, really unrelated to the daily cares of people in the state of New Hampshire. But I think it's just more evidence that Daily Kos is a site that really looks to make a difference in these races. I think we did here. And I think it's great that we find places where the community can give and really make an impact.

Now, in much less exciting news, we've got to go to the state of Texas, where the Texas Senate acquitted scandal-plagued Attorney General Ken Paxton on all of the charges that the Texas House had impeached him over. There were 16 articles in total, largely centered around Paxton abusing his office and unethically helping a key political donor, real estate developer Nate Paul. Of the votes on these 16 articles, the highest vote-getter in terms of conviction was 14 votes. A number of the articles got 14 votes, which included all 12 Democrats and 2 Republicans. The other 16 Republicans voted to acquit on all of the charges. That's 30 members. There's actually 31 members of the Texas Senate. The 31st is actually Ken Paxton's wife, Angela Paxton, who was actually barred from voting, but she made it clear that she would've voted to acquit had she been able to vote on this issue.

Nir: And they needed two-thirds to convict and remove from office, right?

Beard: Yes. It wasn't just a case where they needed one or two more Republicans to get to 16 votes. They needed to get to 21 votes because even though Angela Paxton wasn't voting, the number 31 was still the number that was determining the two-thirds, so they needed 21 out of 31 members to vote to convict. It wasn't particularly close. You needed half of the Republican caucus and you got two out of 16.

Nir: I’ve got to admit, at first, I was really shocked to read that Paxton had been acquitted because so many Republicans in the state House had voted to impeach him. But I guess the actual shocking thing was not the acquittal, but the impeachment in the first place.

Beard: Yeah, I think there are a couple of things going on here more than just the fact that Ken Paxton is super corrupt. We'll talk about the other charges that he's facing outside of the impeachment process in a second. But I think really the Texas House and the Texas Senate are on two different sides of the Republican Party in Texas. The Texas House still has a lot of the more old-school traditional establishment Republicanism, maybe the Bush-ism of the '90s and 2000s — where, led by Lieutenant Governor Dan Patrick, the Texas Senate is very much of the new Trumpist Paxton branch. Very extreme, not really concerned with things like corruption, and a lot of the senators in the Texas Senate have followed that lead.

Now, we did get a little bit of insight into the deliberations that took place there, and it really didn't surprise me. Democratic senator Nathan Johnson described the eight hours of deliberations among the 30 senators as a seemingly sincere process. And then he said, quote, "And then it collapsed," end quote. Johnson said that it became clear that there wasn't going to be the 21 votes to convict. And after that became clear, Republican senators who seemingly were more open and considering to the idea of conviction, largely peeled away not wanting to take a difficult vote if the outcome was going to be acquittal either way, which ultimately, as we saw, led to only two Republicans standing up, taking the hard vote to actually convict him on certain articles.

Nir: And I think it's even worse than that because Axios reported that Paxton allies were threatening primary challenges to any Republicans who voted to cross him, who voted to convict him in the Senate. And maybe for all we know, Republicans who previously voted to impeach him in the House. I mean, that just feels like straight-up jury tampering. And of course, there's nothing illegal about it because impeachment is a political process. It's not a legal process. But man, I mean, how are you going to be able to have a fair and impartial trial if the jurors are being threatened with the end of their political careers?

Beard: And it reminded me so much of the article I recently read in The Atlantic, which had an excerpt from a book being written about Mitt Romney, where he talks about his discussions with GOP senators who agreed with him on a lot of his criticisms about Trump, but A) refused to say any of it publicly. And then B) when impeachment came around, particularly the second impeachment around January 6th, were scared to actually stand up and take a hard vote.

They wanted to protect their political careers. And on one human level, it's understandable, it's their career, but ultimately you're elected to represent your constituents to do the right thing to try to govern the country. And that's taking the hard votes. And we've seen the GOP both in the U.S. Senate and now in the Texas Senate largely refuse to do that.

Nir: I guess what blows me away is that just like with Trump, they could have gotten rid of Paxton. Imagine if Mitch McConnell had provided just enough votes to tank Trump and prevent him from ever running from office again. He still would've been a very annoying problem for them and would've commanded a lot of media attention. But he would've been, in a lot of ways, a spent force. A lot of Trump's power derives from the fact that he's still running for president and never stopped running for president.

And same with Paxton. I understand those threats, and I understand he's well-connected and he has powerful allies, but surely if he's out of office and also, as I know we need to discuss, facing criminal charges like actual go-to jail criminal charges, then he couldn't possibly be as big of a threat then, could he?

Beard: Yeah, that's what I don't understand about this process is there seems to be terrible fear of the power that these people hold right now without a consideration that if you convict them, they no longer hold that power. I'm sure the Republican Party in Texas could do just fine without Ken Paxton. Even the Trumpist wing of the party could do just fine without Ken Paxton. They don't need him, but there's a sense that you can't cross somebody who's been a team player or who is on the Trumpist side. There's a loyalty test there that's more important than almost anything else, seemingly.

Again, there's a little bit of a cultish aspect to it where how could you cross either the leader Trump or somebody Trump tells you should stay in office, how could you possibly vote against that? But I do want to mention that Paxton still faces charges outside the impeachment process, including a long-running securities fraud case. He was indicted earlier this year for making false statements to banks, and there's an ongoing FBI investigation into his relationship with the aforementioned real estate developer, Paul.

So, all of those things are continuing. Who knows, the securities fraud case has gone on for years. It's not clear when exactly that might get resolved, but these things are almost certainly going to drag out for the rest of Paxton's current term, which runs into 2026. If he runs for reelection in 2026, they will probably be a problem for him. I obviously don't know what the 2026 outlook will be like so many years from now, how Democrats will be doing in Texas at that point. But I think Paxton, if he runs for reelection, will almost certainly be the most vulnerable statewide Republican out of the broader group of statewide Republicans.

Nir: Well, Beard, now it's time for us as usual on “The Downballot” to talk about abortion. Activists in Nevada just launched a campaign to enshrine reproductive rights into the state constitution, including the right to an abortion. And as we have mentioned before, a number of states are also putting similar ballot measures before voters next year. But it's especially good to see it happening in Nevada, which of course is always a super-tight swing state. This measure could wind up helping boost Democratic fortunes, of course, in addition to being the right thing to do. But I don't want to just talk about the political implications because there's a really interesting backstory in Nevada regarding reproductive rights.

You'll often hear folks say that last time was the first time ever that voters got to vote in favor of abortion rights at the ballot box. And I've even made that mistake myself. But Nevada voters actually did so all the way back in 1990, and here's how that came about. Following Roe v. Wade, which of course was decided in 1973, the state passed a law codifying abortion protections. But as the years went by, the anti-abortion movement gained steam and supporters of reproductive freedom began to grow, concerned that abortion could be under threat in the state of Nevada.

At the time, Operation Rescue was blockading abortion clinics. The Supreme Court was upholding various restrictions on abortion at the state level. This is in the late '80s, and so the future of abortion rights was really looking like it could be threatened. And so these activists wondered, how best can we protect abortion in Nevada? And it turns out the state has this unique type of referendum that doesn't exist anywhere else in the country that is available to voters, and it's called an affirmation referendum.

Now, normally a referendum in the states that allow them involves asking voters if they want to repeal a law that the legislature has passed. But in Nevada, you can ask voters if they want to uphold a law that the legislature has already passed. And here's the key thing. If voters agree, then that law cannot be changed again except by another statewide vote. So, what these organizers did is they put a measure on the ballot — and there's a really great article in the Nevada Independent by Noelle Sims from just last month; we'll link you to it in the show notes that talks about the entire campaign, but right now got to skip ahead to the end. It was a really big gamble by supporters, though, I should say, because a loss would've opened the door to repealing Nevada's abortion rights laws and made the movement look weak. But the affirmation referendum actually won by a huge margin.

It was 63 to 37, in part because supporters appealed to voters in a very smart way, given Nevada's libertarian streak. They focused on the right to privacy as opposed to specifically a right to an abortion. It wound up being a huge win, but of course, it wasn't replicated anywhere else because no other state has this type of referendum. Now activists want to go a step further, and their amendment is actually quite a lot broader. It would protect a number of other freedoms in addition to the right to an abortion such as contraception, which of course has been a target of Republicans in a lot of ways, including all kinds of lies told about birth control pills. And there are also attacks on in vitro fertilization. So, the amendment would also protect infertility care.

One thing to note is that to amend the Nevada Constitution, voters have to approve the same amendment twice, even if it's on the ballot in 2024. The measure would also have to pass again in 2026 in order to become law. But what that also means is that it would make it incredibly hard to ever undo that amendment because opponents would also have to pass any repeal twice. This is a great move all around, and I'm of course really rooting for it to be successful.

Beard: And Nevada is not a state where reproductive rights is under immediate threat like we've seen in other places. But it's still great to do everything possible, particularly when there's all this momentum right now and energy around it to make reproductive rights as protected as possible, make those rights as expansive as possible because we don't know what Nevada is going to look like 10, 20 years down the road.

We don't know what the laws are going to look like. We don't know where the momentum is going to be, so the stronger that these protections can be made now with this vote and with an additional vote, then the better off everyone will be, and the more certain people can be that those rights are going to stick around.

Nir: Exactly. And hell, last year, one of the few notable pickups anywhere in the country — I mean, maybe really the only notable pickup anywhere in the country — was the Nevada Governorship for Republicans. Democrats right now still have pretty sizable majorities in the state legislature, but like you said, we just can't take that for granted. We're not talking about New York or California here, and hell, even in those states, I mean, California passed an abortion amendment last year. New York has language on the ballot that's supposed to protect abortion next year. You never want to take anything for granted. A lot of people took Roe v. Wade for granted, and look where we are now. So, this is smart politics and also just the right thing to do.

Beard: Absolutely. And speaking of reproductive rights initiatives, we do have one last issue, one we want to cover, and that's in Ohio where the upcoming initiative on November would protect abortion rights. And the ballot language has recently been under controversy after the GOP-controlled ballot board inserted some very pernicious language into the text of what voters see on the ballot itself to try to skew how they're going to vote, try to confuse them.

Of course, the GOP-controlled Ohio Supreme Court largely allowed that misleading language to stay in the text. Specifically, they allowed the ballot board to use "unborn child," quote unquote, instead of “fetus” in the language of the actual ballot while “fetus” is the word that's used throughout the actual text of the amendment. It's completely misleading. We've seen this for years, obviously, from the folks opposed to reproductive rights to use this phrase, "unborn child," so it's going to appear on the ballot.

Hopefully, folks are now sort of inured to this. They understand that this kind of language is just being used by opponents to try to cause conflict. And this won't change anybody's vote, but it's going to be there on the ballot. The Supreme Court did stop the board from using this very strange phrasing, quote, "citizens of the state," in the ballot language when it was about what the ballot amendment was prohibiting the state from doing.

The amendment, of course, prohibits the state of Ohio from restricting abortion rights. But the way that the ballot board phrased it, that was worded that citizens of the state were prohibited from restricting abortion rights, which was just an extremely confusing sentence. They did say that they just needed to clarify and make it clear that it was the state that was prohibited from restricting abortion rights. But they otherwise left a lot of the misleading language. Hopefully, that won't make a big difference when Ohio voters go to the polls in November.

Nir: I just want to note, it was only one Republican justice on that court who agreed that that citizens of the state language was nonsense. The other Republicans would've left it all intact. But I am hoping that this kind of thing sparks a bit of a backlash. We saw it with Issue 1 in August, just last month, the attempt to make it harder to pass ballot initiatives in Ohio in the first place. Voters seem to react really strongly to Republicans trying to rig things, and this just smells the same way. It stinks of rigging.

I'm sure that conservatives will take advantage of this, but they were going to scream about unborn children anyway. God, I really hope that voters don't go into the ballot box and see this language and there's some mushy middle out there that can be convinced by this totally false language instead. We'll see if people make an issue of it, but really, the bottom line here is that this is all nonsense. If this doesn't become law, then Ohio could wind up right back with a near-total ban on abortion. That's the stakes here, not the language that's on the ballot.

Beard: Yeah, and I suspect that this isn't going to make a big difference. As we've talked about, the salience of abortion rights is very high. People know what they believe about it. So, the specific text of the ballot amendment is probably not going to change very many minds. That said, it's still shitty that the Ohio Supreme Court allowed this to happen.

Nir: Well, that does it for our weekly hits. Coming up, we are going to be joined by Daily Kos Elections' own Stephen Wolf to talk about one of our favorite recent topics, the ongoing redistricting litigation in Alabama. Stephen, it turned out, made a contribution of his own to that case, and we are going to talk all about it after the break.

Joining us today on “The Downballot” is Daily Kos Elections' own Stephen Wolf here to talk about the Alabama redistricting case. Stephen, welcome back on the show.

Stephen Wolf: Thanks for having me back, guys.

Nir: Absolutely. We have talked about the Alabama redistricting litigation a lot on “The Downballot,” but I think that sometimes we can almost get a little bit too into the weeds without giving proper background first. So, I would like for us to take a step back and to ask you, Stephen, since redistricting is really your specialty, to explain what was the issue in this case here? Why did these plaintiffs bring a lawsuit in the first place, and what did the court say?

Wolf: Alabama for the last few decades has drawn a congressional map, where only one of its seven districts has a majority Black population and because of very racially polarized voting, white voters in all the other districts will defeat any candidate preferred by Black voters. In other words, it's one district that is heavily Black and heavily Democratic out of seven. The plaintiffs in this case, after Republicans passed a new congressional map with that same setup, in 2021, they brought this case, and a federal lower court in 2022 said that the map likely violated the Voting Rights Act and that it was going to block it and require a different one.

Nir: What was the plaintiff's theory of the case here? Why did they go to court? Why did they think that a court might actually intervene and step in and say, "No, this map is not kosher."

Wolf: The Voting Rights Act of 1965 has been interpreted by the federal courts for the last roughly four decades or so to require that districts be drawn in certain instances where a minority group or coalition of groups can elect their preferred candidates. In here, in Alabama, that means Black voters. In most of the state, if you draw a district that does not have a Black majority, white voters are going to vote en masse against the Black voters' candidate and elect a white Republican most likely.

When Alabama Republicans drew this congressional map with only one majority Black district, the plaintiffs went to the court and said, "Look, Alabama's population is about 28% Black, which is about two-sevenths. If you look at the population, how it's distributed throughout the state, a reasonably configured map could have two districts out of seven, where Black voters could either be a majority or quite close to it, and then thus be able to elect their preferred candidate." This case went to trial and the plaintiffs presented a mountain of evidence, and you ended up having a district court panel, where all three judges had originally been appointed by Republican presidents, nevertheless, unanimously ruled that this map did indeed violate the Voting Rights Act and that Alabama needed to try again.

Nir: In other words, what the Voting Rights Act says, to put it in an inverse way, is that if you have, say in this case, a group of Black voters who could constitute their own district, you can't just chop them up willy-nilly and spread them apart among multiple other districts to basically dilute the power of Black votes. That is what the plaintiffs accused the state of doing here, and the courts have agreed.

Wolf: Yeah, that's exactly right. What Republicans did was they took three different regions with large Black populations, that is the city of Birmingham, the city of Montgomery, and the rural Black belt region, which is in between the two. They linked them all together, packed Black voters and Democrats into one heavily Democratic district, and then dispersed Black voters throughout the rest of the state to make sure that none of the other districts was anywhere close to majority Black.

What the plaintiffs did here was they devised a bunch of maps to present to the court and say, "Look, it's possible to draw two districts that are reasonably configured, that are sufficiently compact, and that are both majority Black and would let Black voters elect their preferred candidates." The way that they did this instead was they separated Birmingham and Montgomery and they kept part of the Black Belt with Birmingham in the 7th District and then in the second district, they drew Montgomery with much of the rest of the Black Belt and the city of Mobile, which is along the Gulf Coast and also has a large Black population. Once they did this, they were able to draw both these districts that were just over 50% Black and substantially Democratic enough that Black voters could reliably elect their preferred candidates.

Nir: Of course, as we've discussed on this show in the past, Republicans succeeded in getting the Supreme Court to block this order from taking effect in time for the 2022 elections. But then, we had that huge surprise ruling from the Supreme Court this year, where in a 5-4 decision, the court said, "Actually, no, the Alabama court got it right," sent the case back down to the lower court, and said, "Yeah, the state is going to need a new map."

Wolf: Yeah. Like you said, and like we've mentioned before, that ruling was very surprising because not only did they rule against Alabama, they completely upheld the lower court's ruling, which had directed the state to draw two districts that were majority Black or, quote, "something quite close to it," unquote. That's a very unambiguous order of what the court wanted the state to do.

But when Republicans went back to draw a new map this summer, they only drew one majority Black district and a second district that was just shy of 40% Black. Not 50%, but just shy of 40%. That second district, because of those demographics, it also had a white majority, was safely Republican in pretty much every election that you could look at over the last several years.

Nir: The defiance was just absolutely extraordinary. The thing that got me by far the most was when the Republican governor, Kay Ivey, put out this statement flat out saying that the legislature knows better than the federal courts, as though it's a knowledge competition, "Oh okay, you know better. Therefore, our order no longer applies to you." It was just straight-up defiance. Of course, the plaintiffs went back to the court and said, "Nuh-uh, this map is no good." The court agreed with them.

Wolf: Oftentimes, when we have Voting Rights Act litigation over redistricting like this, where Republicans are accused of violating the rights of Black or Latino voters in particular, what they'll try to do is draw a district that it might look on paper like it can elect that group's preferred candidate, but in practice it really doesn't. But here, that wasn't even at all the case.

The court said in its ruling blocking the new map that the state of Alabama ignored its directive. It was just clear that they had not even attempted to comply with the order. Because of that, it said it was not going to give them a third bite at the apple, and it was just going to appoint its own court expert who would solicit input from the parties and non-parties and draw its own map without giving the legislature another shot.

Beard: We're going to talk about the special master that was appointed in just a second, but tell us about what Republicans are doing in response going back to the Supreme Court.

Wolf: Republicans have appealed the court's order again to the Supreme Court hoping for a different outcome this time, but they're really trying to do two things. One, they're trying to just delay the process as long as they can to try to kick a new map to 2026, even if they lose. That's probably their most likely victory scenario, but even that is hardly guaranteed.

The second thing they're trying to do is raise a different argument to the Supreme Court on the merits to say that, "Oh, our map is still constitutional. The Voting Rights Act itself is the problem." What they're doing here is they're relying on part of conservative Justice Brett Kavanaugh's opinion, where he said, "The state didn't raise this argument at the time, but it's possible that the Voting Rights Act's use of race and redistricting might not be constitutional forever, even if it was constitutional at the time the act was preauthorized in 1982."

Nir: There was a really good piece this week from Dahlia Lithwick and Mark Joseph Stern in Slate talking about what Alabama's strategy, if you can even call it that, seems to be. What they pointed out was that what are the odds that Kavanaugh is going to say three months after ruling in favor of the Voting Rights Act in really strong terms, "Oh, no, it's just a few months later and the whole thing is unconstitutional"? Maybe down the line, he's ready to do that, but it can't be the case that he's ready to do that right now. If it is, I think all hell will break loose. But Republicans just seem to expect that the Supreme Court will do their bidding and it seems like they didn't have a plan B for when it decided not to.

Wolf: Yeah, I think that's exactly right. There was a writer who I thought put it very aptly, where they said that John Roberts will essentially tell Republicans, "You have to lie to me better." For instance, with the Census case where Trump tried to add a citizenship question, there was very clear damning evidence that it was done with discriminatory intent toward Latinos and helping Republicans politically, and they had clearly violated the law to try to do this.

The court ruled against the Trump administration, gave them a second chance, and the Trump administration couldn't even put together a coherent case. So, they lost at the Supreme Court. In this Alabama case, the facts are very clear. You had two Trump-appointed judges in the majority in this lower court ruling, and they're now asking Kavanaugh to essentially reverse himself just three months later. It just does not seem like that's a very likely outcome.

Nir: I think it was Dahlia Lithwick, at least who I've seen popularize that phrase about Roberts, the "lie better to me." I think it's spot on.

Beard: Let's set aside the Supreme Court and whatever it may do with these appeals for the moment and go back to the court-appointed expert, which is often called a “special master” by the court. The special master has to create three maps to offer to the three judges by September 25th and as part of that process, they allowed for outside submissions from interested parties who wanted to propose a potential redistricted map. Stephen, you, as part of a group working with Daily Kos, submitted a pair of maps to the court. So, walk us through.

Beard: Submitted a pair of maps to the court, so walk us through the process of actually creating these maps and then getting them officially legally submitting them to the court.

Wolf: We partnered with longtime pollsters at McCreary, who's an Alabama resident and is very familiar with the state's politics and geography. To draw the maps, we use the free online tool called Dave's Redistricting App, which can allow anyone essentially to draw a map and potentially to the standards that would need to be able to submit it in court. One thing I really like about Dave's Redistricting App is that it is free to the public, and so you don't need to pay thousands of dollars for the professional software that lawmakers will tend to use to be able to analyze or even propose your own map. That's something that was a real innovation for this decade's redistricting cycle.

Nir: Yeah, I think DRA is just an incredible tool and really I think we have to give a shout-out to Dave Bradlee and his team for developing it and putting it out there and putting work into it constantly because it is just a very sophisticated tool, so much so that almost everyone who submitted maps used DRA to do so in this case, including one of the other groups of plaintiffs in the case, the so-called Singleton plaintiffs. They're not the lead plaintiffs, but it's kind of funny. I was looking at their submission, I'm like, "That color scheme looks really familiar," and I said to you, Stephen, "I think this is from DRA," and you're like, "Oh, yeah, yeah, definitely. That's totally a DRA map."

Beard: As you were going through and making this map, what were some of the tough choices that you had to make? What were some of the differences between the maps that you submitted and the other groups that submitted maps and the different reasonings behind those choices?

Wolf: The main problem that our maps had to address was how to create a second district, which happened to, of course, be numbered the 2nd district, where Black voters could elect their preferred candidate. To address that, let me start off with what Republicans did that was invalid. Republicans had separated Birmingham and Montgomery in their latest map, but what they did was they connected Montgomery with a lot of very white rural and exurban areas that would drown out the Black voters in that district, so we needed to find some alternative that didn't do that. What we ended up doing, and what many of the other parties did was we used the city of Mobile on the Gulf Coast and connected that with Montgomery and the rest of the Black Belt region to create a fairly reasonably-shaped district where Black voters could indeed elect their preferred candidates.

Once we decided to use Mobile in this manner, the other question that ended up making the difference between the two of our maps was just how much of the Black Belt to put in one of the districts versus the other, and just how much of Birmingham to put in one of the districts versus a neighboring district. Our first map, which we called Plan A, attempted to put as much of the Black Belt region as possible in just the two heavily Black districts. But in our plan B, we wanted to put as much of the region as possible in just the 2nd district. The reason for that was because doing so let us confine the 7th district to just the Birmingham and Tuscaloosa areas, which also have sizable Black populations and in doing that, we could put almost the entirety of the city of Birmingham in just the 7th district, which most other plans would split to a much larger degree.

Nir: I found it so interesting, Stephen, that the Special Master decided to open the floor, really, to the public in this way because in a lot of redistricting cases, the courts don't necessarily express an interest in wanting to hear from the public. But you did have some experience in the past with a court that was quite open-minded about hearing from ordinary Americans talking about the case in Pennsylvania from several years ago, where the Supreme Court struck down the state's GOP gerrymandered congressional map and drew a new much fairer map that really changed political outcomes in Pennsylvania, and you submitted some proposals in that case that actually in a lot of ways wound up resembling the final map that the Pennsylvania Supreme Court adopted.

Wolf: Yeah. That's right. That case was a partisan gerrymandering lawsuit, which meant it had some pretty key differences with this Voting Rights Act lawsuit. One of those is that the court in Pennsylvania ended up redrawing the entire map and not taking any of it as a starting point. Whereas in Alabama, the court directed map makers to only make modifications necessary to remedy the Voting Rights Act violation and not redraw the entire state. In some ways, in Pennsylvania, that process was closer to, if you had an independent redistricting commission drawing the maps, and when states have commissions like that, they almost always will solicit input from the public, but there was also no requirement that the special master pay particular attention to any one proposal like ours. But when we looked at the map, he drew and analyzed all the various plans that people had submitted. One of the two that I had submitted came closest in terms of population to what the special master actually drew.

Nir: Beard, like you mentioned, the special master in this case, the Alabama case, has to come up with three different plans to propose to the court, and the court will presumably pick one of them, though it, I guess conceivably could make modifications or go back to the special master, and so there's a chance that the special master could choose from some of the plans that are before him and offer those to the court. We just don't know.

Beard: Yeah, we'll have to wait and see what the special master comes up with and then what the court decides based on their recommendations.

Now, before we let you go, Stephen, we want to discuss a couple of ongoing fights in states around their redistricting process, starting with Wisconsin. Their Republicans and the legislature are looking for any avenue to prevent the newly progressive Supreme Court from striking down the gerrymandered maps and requiring fair un-gerrymandered maps. So tell us what they've been doing as they search desperately for a way to stop this.

Wolf: Yeah. In Wisconsin, progressives took a majority on the state Supreme Court back in August, and this is the first time they've had one in 15 years. Almost immediately after, a pair of lawsuits were filed challenging the state's legislative maps as illegal partisan gerrymanders. There's a pretty broad consensus in the state that the court is most likely going to strike those down and draw fairer maps, if it can.

What Republicans are trying to do is twofold. One, they're threatening to impeach the new progressive justice who gave progressives the majority before she's even heard a single case. The second thing Wisconsin Republicans are doing is they just introduced and advanced a bill in the legislature that they claim would establish a nonpartisan redistricting process, but it's really just a charade intended to prevent the court from ruling on the maps.

What this bill does is it claims that it would set up a process like the state of Iowa has that is a somewhat nonpartisan process, but the biggest flaw with this system is that it's only statutory and that a single party, legislature and governor could repeal it anytime they wanted and pass their own maps.

Even if the process stays in place, there are still ways for a Republican legislature to get their preferred maps out of this setup, and the criteria it has for drawing maps are the ones that are tilted toward Republicans to begin with. Even if it worked as it claims it would, it still is not guaranteed to draw fair maps. What we've seen in response is Democrats have almost all opposed this and the governor is likely to veto it, and Republicans might try to override the veto, but they would need a few Democrats to cross over to do that.

Nir: Lastly, Stephen, we want to ask you about what's going on in Ohio where activists, as we've talked about before, are preparing to put a measure on the ballot next year that would establish bonafide independent redistricting in the state, not the sham nonpartisan B.S. that Wisconsin Republicans are trying to put forward right now. But of course, of course, Republicans are once again, doing their utmost to stop it, and the whole thing is being held up by the Attorney General there who is a Republican, so what is the status there?

Wolf: In Ohio to put a measure on the ballot, voters have to gather a few signatures at first, and then they'll submit a proposal to the Attorney General for them to look at, and the Attorney General is supposed to assess whether the proposed ballot summary that supporters have written accurately and fairly reflects the actual amendment that they've proposed. Once he's done that, a separate body of state officials will look at whether the proposal itself is constitutional, and if the proposal passes through both of those stages, it's only then that supporters can go about gathering the hundreds of thousands of signatures needed to actually qualify for the ballot.

Earlier this summer, when activists came out with his proposal, they gathered enough signatures to get the Attorney General to have to consider it. And what did he do? He turned right around and rejected it saying that several parts of it did not accurately and fairly reflect the underlying amendment. The supporters went back to the drawing board; they revised the text and submitted it back to the Attorney General. And he just again said that there are still problems with it and he rejected it.

It's not uncommon for the Attorney General to reject a proposed summary at least once, but usually it's something that proponents will go back and fix and then they'll get approval. But what Republicans have been doing in Ohio lately leads me to wonder whether the Attorney General is just trying to string things along and drag things out and cut into the time that would otherwise be allotted for them to gather voter signatures. Like you guys were talking about earlier in the show, Republicans in Ohio just gave an abortion rights measure a very misleading ballot summary, and there should be no expectation here that Republicans will try to act in good faith and ensure that this proposal gets on the ballot with fair language. They're just trying to string things along and undermine supporters of redistricting reform.

Nir: Stephen, do you think that we will see litigation one way or the other over the constitutionality of the proposed amendment? Because, as you said first, the ballot language has to pass muster; then another board has to determine whether the amendment itself is constitutional. Let's say they give it a thumbs up. Do you think that we'll see a lawsuit challenging it that would probably ultimately go before the Ohio Supreme Court?

Wolf: Yeah, I think that's all but guaranteed at this point. If we look at the abortion measure, again, there were multiple lawsuits trying to keep it off the ballot saying that it violated particular constitutional provisions. And, fortunately, the Ohio Supreme Court rejected that, but that's hardly guaranteed with redistricting. One reason for that I think, is because it's much more of a partisan issue where it directly threatens Republican power in the state, and Republicans in November's elections, gained a four-to-three majority of very hard-line Republicans after replacing a moderate former Republican justice who had sided with Democrats to strike down the previous Republican gerrymanders.

Nir: Well, obviously we are going to be following that set of developments very, very closely. Stephen Wolf, it has been fantastic having you back on the show. It's been a little bit too long. Before we let you go, please let The Downballot listeners know where they can find your work and where to find you on social media.

Wolf: Yeah, so I write on Daily Kos Elections, which I'm sure you all are familiar with, and on social media, you can find me on the site formerly known as Twitter @PoliticsWolf, and on Bluesky, you can find me at just Stephen Wolf, and my name has a P-H, no V.

Nir: Stephen, thank you so much.

Wolf: Thanks.

Beard: That's all from us this week. Thanks to Stephen Wolf for joining us. “The Downballot” comes out every Thursday everywhere you listen to podcasts. You can reach out to us by emailing thedownballot@dailykos.com. If you haven't already, please subscribe to “The Downballot” on Apple Podcasts and leave us a five-star rating and review. Thanks to our editor Trever Jones, and we'll be back next week with a new episode.

House GOP Demands Release Of Biden-Ukraine Transcript Following Reports Call ‘Did Not Go Well’

House Republicans are demanding transcripts of a call between President Biden and Ukrainian President Volodymyr Zelensky about a possible Russian invasion of the country be released after disputed reports over the substance of the conversation.

CNN initially reported that a senior Ukrainian official described the talk between Biden and Zelensky as “long and frank” but that it “did not go well.”

CNN reporter Alexander Marquardt, late Thursday, tweeted alarming quotes provided by the Ukrainian official.

“A Russian invasion is now virtually certain once the ground freezes, Biden said to Zelensky, a senior Ukrainian official told [CNN reporter Matthew Chance],” he wrote.

“Kyiv could be ‘sacked,’ Russian forces may attempt to occupy it, ‘prepare for impact’, Biden said, according to this official.”

RELATED: Biden’s Deputy National Security Advisor: Border Should Be ‘Inviolate’ … Ukraine’s Border That Is

Release The Biden Transcript

The characterization of the phone call was immediately disputed by the White House and the Ukrainian government, according to Newsweek.

National Security Council spokesperson Emily Horne described the CNN report based on a Ukrainian official’s comments as “completely false.”

Horne would later tell CNN that “anonymous sources are ‘leaking’ falsehoods.”

A spokesman for Zelensky also posted to Facebook that the accounts were “completely false.”

A readout of the call on the White House website makes no mention of any dire warnings to Ukraine, instead indicating that Biden “reaffirmed” to Zelensky that the United States would “respond decisively if Russia further invades Ukraine.”

House Republicans though, challenged the White House to clear the air by demanding they release the actual transcript of the call.

The official Twitter account of the Republican conference wrote, “Now it’s your turn @JoeBiden. #ReleaseTheTranscript.”

They added a video of Biden in 2019 calling on then-President Trump to “release the transcript of the call” between him and Zelensky, a call that led to the former president’s first impeachment in 2019.

RELATED: House Democrats Want Biden To Relinquish Sole Authority To Launch Nuclear Weapons

Experts Warn Of Nuclear War

The hashtag ‘#ReleaseTheTranscript’ began trending and was the number one leading topic on Twitter Friday morning.

Releasing the transcript of Biden’s call with Zelensky seems like a logical step. The last thing all parties involved need is reckless and possibly false comments by the President escalating tensions with nuclear-armed Russia.

The controversy comes as experts are warning of a nuclear exchange should Russia and the U.S. come to blows.

“As Russian troops bear down on Ukraine and the United States prepares its own military buildup in Eastern Europe, concerns are growing across the ideological spectrum that the standoff could inadvertently escalate into the unthinkable: nuclear war,” Politico reports.

The column cites “current and former officials and experts on both sides of the Atlantic” who worry about ‘miscalculations’ and ‘stumbling into nuclear confrontation.’

Is there anything at stake here that could justify even the remote chance of nuclear war? 

Shortly after Biden was sworn into office, dozens of House Democrats quietly called on President Biden to relinquish sole control over the country’s nuclear arsenal and the ability to launch a strike using those weapons.

The movement stalled.

General Mark Milley, Chairman of the Joint Chiefs, assured House Speaker Nancy Pelosi that in the waning days of the Trump presidency, a President couldn’t launch a nuclear attack alone.

The State Department in November said “all options are on the table and there’s a toolkit that includes a whole range of options” in how to respond to Russia’s troop buildup near Ukraine’s border.

The post House GOP Demands Release Of Biden-Ukraine Transcript Following Reports Call ‘Did Not Go Well’ appeared first on The Political Insider.

‘Right matters and the truth matters’: Read Adam Schiff’s history-making impeachment trial speech

Thursday evening marked the end of a second long day on the Senate floor in Donald Trump’s impeachment trial. Democratic officials presented the evidence to America, detailing how and why Donald Trump must be removed from office. The highlight was lead House impeachment manager Rep. Adam Schiff's powerful 30-minute argument that closed out the day.

Schiff once again detailed some of the steps Trump and his White House took to obstruct the inquiry into his abuses of power. He underlined how the Trump White House went to his handpicked attorney general, William Barr, and got him to refuse to release evidence to Congress. “I know what the law says and it says you shall, doesn't say you may, doesn't say you might, doesn't say you can if you like to, doesn't say if the president doesn't object—it says you shall.” Just like at every other turn in this saga, it’s only because of the Democratic Party’s insistence that a whistleblower’s warnings be heeded that we even discovered how deep our executive branch’s corruption goes. 

Finally, Rep. Schiff finished with the powerful, already often-quoted conclusion of his argument, where he tied together why Donald Trump must be removed from office with what’s at stake for America. The final nine minutes of Schiff’s speech is transcribed below.

REP. ADAM SCHIFF: But even now, our ally can’t get his foot in the door. Even now, our ally can’t get his foot in the door. And this brings me to the last point I want to make tonight, which is, when we’re done, we believe that we will have made the case overwhelmingly of the president’s guilt. That is, he’s done what he’s charged with. He withheld the money. He withheld the meeting. He used it to coerce Ukraine to do these political investigations. He covered it up. He obstructed us. He’s trying to obstruct you and he’s violated the Constitution. But I want to address one other thing tonight. Okay, he’s guilty. Okay, he’s guilty. Does he really need to be removed? Does he really need to be removed? We have an election coming up. Does he really need to be removed? He’s guilty. You know, is there really any doubt about this? Do we really have any doubt about the facts here? Does anybody really question whether the president is capable of what he’s charged with? No one is really making the argument “Donald Trump would never do such a thing,” because of course we know that he would, and of course we know that he did. It’s a somewhat different question though to ask, okay, it’s pretty obvious whether we can say it publicly or we can’t say it publicly. We all know what we’re dealing here with this president, but does he really need to be removed? And this is why he needs to be removed.

Donald Trump chose Rudy Giuliani over his own intelligence agencies. He chose Rudy Giuliani over his own FBI director. He chose Rudy Giuliani over his own national security advisers. When all of them were telling him this Ukraine 2016 stuff is kooky, crazy Russian propaganda, he chose not to believe them. He chose to believe Rudy Giuliani. That makes him dangerous to us, to our country. That was Donald Trump’s choice. Now, why would Donald Trump believe a man like Rudy Giuliani over a man like Christopher Wray? Okay. Why would anyone in their right mind believe Rudy Giuliani over Christopher Wray? Because he wanted to and because what Rudy was offering him was something that would help him personally. And what Christopher Wray was offering him was merely the truth. What Christopher Wray was offering him was merely the information he needed to protect his country and its elections, but that’s not good enough. What’s in it for him? What’s in it for Donald Trump? This is why he needs to be removed.

Now, you may be asking how much damage can he really do in the next several months until the election? A lot. A lot of damage. Now, we just saw last week, a report that Russia tried to hack or maybe did hack Burisma. Okay. I don’t know if they got in. I’m trying to find out. My colleagues on the Intel Committee, House and Senate, we’re trying to find out, did the Russians get in? What are the Russian plans and intentions? Well, let’s say they got in and let’s say they start dumping documents to interfere in the next election.

Let’s say they start dumping some real things they hack from Burisma. Let’s say they start dumping some fake things they didn’t hack from Burisma, but they want you to believe they did. Let’s say they start blatantly interfering in our election again to help Donald Trump. Can you have the least bit of confidence that Donald Trump will stand up to them and protect our national interest over his own personal interest? You know you can’t, which makes him dangerous to this country. You know you can’t. You know you can’t count on him. None of us can. None of us can. What happens if China got the message? Now you can say, he’s just joking of course. He didn’t really mean China should investigate the Bidens. You know that’s no joke.

Now maybe you could have argued three years ago when he said, “Hey Russia, if you’re listening, hack Hillary’s emails.” Maybe you could give him a freebie and say he was joking, but now we know better. Hours after he did that Russia did, in fact, try to hack Hillary’s emails. There’s no Mulligan here when it comes to our national security. So what if China does overtly or covertly start to help the Trump campaign? You think he’s going to call them out on it or you think he’s going to give them a better trade deal on it? Can any of us really have the confidence that Donald Trump will put his personal interests ahead of the national interests? Is there really any evidence in this presidency that should give us the iron-clad confidence that he would do so?

You know you can’t count on him to do that. That’s the sad truth. You know you can’t count on him to do that. The American people deserve a president they can count on to put their interests first, to put their interests first. Colonel Vindman said, “Here, right matters. Here, right matters.” Well, let me tell you something, if right doesn’t matter, if right doesn’t matter, it doesn’t matter how good the Constitution is. It doesn’t matter how brilliant the framers were. Doesn’t matter how good or bad our advocacy in this trial is. Doesn’t matter how well-written the Oath of Impartiality is. If right doesn’t matter, we’re lost. If the truth doesn’t matter, we’re lost. Framers couldn’t protect us from ourselves, if right and truth don’t matter. And you know that what he did was not right.

That’s what they do in the old country that Colonel Vindman’s father came from. Or the old country that my great grandfather came from, or the old countries that your ancestors came from, or maybe you came from. But here, right is supposed to matter. It’s what’s made us the greatest nation on earth. No Constitution can protect us, right doesn’t matter any more. And you know you can’t trust this president to do what’s right for this country. You can trust he will do what’s right for Donald Trump. He’ll do it now. He’s done it before. He’ll do it for the next several months. He’ll do it in the election if he’s allowed to. This is why if you find him guilty, you must find that he should be removed. Because right matters. Because right matters and the truth matters.

Otherwise, we are lost.

You can watch Rep. Adam Schiff’s closing argument in three parts below.

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