Morning Digest: North Dakota is the latest GOP-run state to treat the Voting Rights Act as optional

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

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Leading Off

ND Redistricting: Federal judges keep finding that Republican-drawn election maps violate the Voting Rights Act—and Republican lawmakers keep defying court orders to remedy them. The latest to do so just this year is North Dakota, which recently saw two legislative districts struck down for undermining the rights of Native American voters.

  • "No way" to comply on time. A month ago, a judge directed the GOP-run legislature to come up with a new map by Friday. But a top Republican said lawmakers wouldn't meet that deadline, even though only a handful of districts need to be adjusted.
  • The third time is no charm. Earlier this year, Alabama Republicans outright refused to draw a second Black congressional district, and just this month, Georgia Republicans dismantled a diverse House seat that had elected a Black Democrat even though a judge expressly warned them not to.
  • A ticking time bomb. North Dakota Republicans are appealing, and they're putting forth an extremely dangerous argument that wouldn't just upend their case but could shred what remains of the VRA.

Read more on this pattern of GOP intransigence, including how a Republican president could end all enforcement of the Voting Rights Act if North Dakota's appeal succeeds.

Senate

NJ-Sen: Rep. Andy Kim is out with a new poll from Breakthrough Campaigns that shows him beating former financier Tammy Murphy 45-22 in the June Democratic primary, with indicted Sen. Bob Menendez clocking in at just 6%. A mid-November Kim internal from another firm, Public Policy Polling, showed him leading New Jersey's first lady 40-21, with 5% going to the incumbent. Neither Murphy nor Menendez have released their own numbers.

Murphy, as we've written before, will still be hard to beat because she's poised to win the "county line" in several large counties, which ensures her an advantageous place on the ballot. (This is also sometimes called the "organizational line.") The New Jersey Globe's Joey Fox is out with a thorough county-by-county look at the battle for the organizational line, and he writes that the process can vary quite a bit.

In the state's most populous county, Bergen, Fox writes that chairman Paul Juliano almost always gets to decide who gets the line, and his support for Murphy means "that’s probably the end of the story for Kim." It's a similar state of affairs in the three next largest counties―Middlesex, Essex, and Hudson―where party leaders have made it clear that Murphy is their choice.

However, things aren't as clear in Ocean County, a longtime conservative bastion that nonetheless has a large number of Democratic primary voters. Kim represented about half of the county under the last map, and Fox says many local Democrats remain "hugely loyal" to him. He adds that, while Murphy could make a play for the line here, she'll likely face a tough task.

Over to the north in Hunterdon County, meanwhile, Fox says that the organization line will be decided by a "genuinely open convention with little intervention from party leaders." You can find out a lot more in the Globe about the state of play across the state.

OH-Sen: Donald Trump endorsed rich guy Bernie Moreno on Tuesday for the March GOP primary to take on Democratic Sen. Sherrod Brown even though a poll released the previous day put Moreno in third place.

SurveyUSA, working on behalf of the Center For Election Science, which promotes approval voting, showed Secretary of State Frank LaRose leading state Sen. Matt Dolan 33-18, with Moreno at 12%. Morero recently publicized a pair of internals giving him a small edge over LaRose, with Dolan a close third.

Texas: Filing closed Dec. 11 for Texas' March 5 primary, though there's a quirk: Candidates file with their respective political parties, which had an additional five days to send final lists to the secretary of state. That means we can now take a comprehensive look at who is running in the major contests.

Texas may be the second-largest state in the union, but as far as House races are concerned, most of the action will be confined to the primaries (and, in contests where no candidate takes a majority, May 28 runoffs). That's because Republicans enacted a very precise defensive gerrymander following the most recent census, opting to make competitive GOP-held districts safely red rather than aim for further gains by targeting Democratic seats.

You'll also want to bookmark our calendar of every filing deadline, primary, and runoff for the 2024 elections. One person we're very sure does not use our calendar is Donald Trump, who on Monday night called for someone to challenge GOP Rep. Chip Roy for renomination in the 21st District. "If interested, let me know!!!" Trump wrote a week after it was too late for anyone to take him up on his offer. Roy, who appears to have pissed off his party's supreme leader by campaigning with Florida Gov. Ron DeSantis, is unopposed in March.

TX-Sen: Ten Democrats have filed to take on Republican Sen. Ted Cruz, though Rep. Colin Allred ended September with a huge financial advantage over the entire primary field. However, a new survey from YouGov on behalf of the University of Texas and Texas Politics Project finds that many primary voters have yet to make up their minds with about two-and-a-half months to go.

Allred leads state Sen. Roland Gutierrez 28-7, who is the only other Democrat who had at least a six-figure war chest at the end of the third quarter. Two other notable options, state Rep. Carl Sherman and former Nueces County District Attorney Mark Gonzalez, were at just 2% each. A 38% plurality volunteered they "haven't thought about it enough to have an opinion," while another 10% answered "don't know." Spending has yet to begin in earnest, however, so this state of affairs should soon change.

House

AK-AL: Businessman Nick Begich has publicized an internal from Remington Research that shows him outpacing his fellow Republican, Lt. Gov. Nancy Dahlstrom, in the August top-four primary, though he notably did not include numbers simulating how he'd do in an instant-runoff race against Democratic Rep. Mary Peltola. The congresswoman takes first with 42% as Begich leads Dahlstrom 28-9 for second, with another 7% going to Libertarian Chris Bye, who ran in 2022 along with Begich. All of these contenders would advance to the November general election if these results held.

CA-20: GOP Rep. Kevin McCarthy on Tuesday submitted his resignation letter to the House, and his departure will take effect Dec. 31. It remains to be seen if Democratic Gov. Gavin Newsom will schedule a special election to succeed the former speaker; the top-two primary for a full two-year term will take place March 5.

NY-26: Reporter Robert J. McCarthy writes in WKBW that Erie County Legislator Jeanne Vinal is considering competing in the unscheduled special election to replace outgoing Democratic Rep. Brian Higgins, while an unnamed source says that Buffalo Mayor Byron Brown will decide early next year.

These two Democrats' deliberations may not matter much, though, because the person who may single-handedly get to pick the party's nominee for the special seems happy with someone else. Erie County Democratic chair Jeremy Zellner tells McCarthy that the one major declared candidate, state Sen. Tim Kennedy, is "far ahead" of Brown and Vinal in organizing a campaign. "I am very impressed at this point in what he has put together in fundraising and forming a team," Zellner said, adding, "And whoever does this has to be ready."

OH-02: State Sen. Shane Wilkin announced Tuesday that he was joining the March GOP primary to replace retiring Republican Rep. Brad Wenstrup, a declaration that came one day before the filing deadline. Wilkin already represents about a third of this safely red southern Ohio seat.

OH-15: Cleveland.com reports that Democratic state Rep. Adam Miller last week filed FEC paperwork for a bid against Republican Rep. Mike Carey. Donald Trump took this seat in the southwestern Columbus area 53-46 in 2020.

TX-03: Freshman Rep. Keith Self faces a GOP primary rematch against businesswoman Suzanne Harp, whom he outpaced in a truly strange 2022 contest. Harp, though, finished September with less than $5,000 in the bank, so she's unlikely to be much of a threat. Three other Republicans are also running for this Plano-based seat that Donald Trump took 56-42.

TX-04: GOP Rep. Pat Fallon is running for reelection after waging a bizarre one-day campaign to return to the state Senate, but he seems to be in for a soft landing. Fallon faces just one little-known primary foe in a safely red seat based in the northeastern Dallas exurbs.

TX-07: Democratic Rep. Lizzie Fletcher's only intraparty foe in this safely blue seat is Pervez Agwan, a renewable energy developer whose challenge from the left has been overshadowed in recent weeks by sexual harassment allegations.

The Houston Landing reported this month that one of Agwan's former staffers is suing him for allegedly trying to kiss her; the candidate responded by insinuating that the hawkish pro-Israel group AIPAC was involved in the lawsuit, but he did not produce any evidence to back it up his claim. The New Republic later reported that 11 staffers resigned in October from Agwan's campaign, which it described as an environment "where multiple women faced frequent sexual harassment from senior staff."

TX-12: Longtime Rep. Kay Granger is retiring from this conservative seat in western Fort Worth and its western suburbs, and five fellow Republicans are competing to succeed her. The early frontrunner is state House Republican Caucus Chair Craig Goldman, who has the support of Gov. Greg Abbott.

Another name to watch is businessman John O'Shea, who began running well before Granger announced her departure in November. However, while O'Shea has the support of Attorney General Ken Paxton, whom Goldman voted to impeach earlier this year, he ended the third quarter with a mere $20,000 in the bank.

Also in the running is businesswoman Shellie Gardner, the self-proclaimed "Queen of Christmas Lights." (Gardner says her business has spent nearly two decades "supplying Christmas lights across the country, including the United States Capitol Christmas Tree.") Two other lesser-known Republicans round out the field.

TX-15: Freshman GOP Rep. Monica De La Cruz faces a rematch against businesswoman Michelle Vallejo, whom she beat 53-45 last year after major Democratic groups spent almost nothing on the race. Donald Trump won this gerrymandered seat in the Rio Grande Valley 51-48 in 2020. The incumbent ended September with a huge $1.4 million to $184,000 cash on hand lead.

Vallejo herself drew a familiar intra-party opponent on the final day of filing from attorney John Villarreal Rigney. Vallejo edged out Rigney 20-19 for second place in the 2022 primary, while Army veteran Ruben Ramirez took first with 28%, though Vallejo went on to narrowly beat Ramirez in the runoff.

TX-18: Rep. Sheila Jackson Lee announced she would seek a 16th term just two days after she was blown out by state Sen. John Whitmire, a fellow Democrat, in Houston's mayoral race, but she faces a challenging renomination fight in this safely blue seat.

Former Houston City Councilwoman Amanda Edwards, who once was a Jackson Lee intern, began campaigning after the congresswoman kicked off her bid for mayor and pledged to stay in the race even if the incumbent ultimately were to run for reelection—a promise she's kept. Edwards finished September with a hefty $829,000 banked, around four times as much as Jackson Lee reported. A third candidate named Rob Slater is also in, and his presence could prevent either Jackson Lee or Edwards from claiming a majority.

TX-23: GOP Rep. Tony Gonzales faces four primary foes in a sprawling West Texas seat that went 53-46 for Trump, one of whom has attracted some attention. Two Democrats are also running, though neither has earned much notice.

Gunmaker Brandon Herrera, who has over 3 million subscribers on his "The AK Guy" YouTube channel, finished September with $240,000 in the bank, which was far more than any of Gonzales' other intra-party challengers. Those hopefuls include former Immigration and Customs Enforcement official Victor Avila, Medina County GOP Chair Julie Clark, and Frank Lopez, who claimed 5% as an independent in last year's general election.

Gonzales infuriated hardliners by confirming Joe Biden's victory in the hours after the Jan. 6 attack and later supporting gun safety legislation after the Robb Elementary School shooting in Uvalde, which took place in his district. The state GOP responded to his apostasies in March by censuring him, a move that bars him from receiving party help until after any runoffs take place. Gonzales may not care, though, since he ended the third quarter with $1.7 million to spend.

TX-26: Rep. Michael Burgess announced his retirement shortly before Thanksgiving, and 11 fellow Republicans want to replace him in a safely red seat located in the northern Fort Worth suburbs and exurbs.

Donald Trump is supporting far-right media figure Brandon Gill, who is the son-in-law of MAGA toady Dinesh D'Souza. Gill also recently earned the backing of the like-minded House Freedom Caucus, which is capable of spending serious money in primaries.

Southlake Mayor John Huffman, meanwhile, picked up the support of 24th District Rep. Beth Van Duyne, who serves a neighboring seat. And in a blast from the past, former Denton County Judge Scott Armey is also in the running, more than two decades after losing a nasty 2002 runoff to Burgess. (Armey is the son of former Majority Leader Dick Armey, who was Burgess' immediate predecessor.)

Also in the running is Luisa Del Rosal, who previously served as chief of staff to 23rd District Rep. Tony Gonzales. The fourth quarter fundraising numbers, which are due at the end of January, will provide clues as to whether any of the other seven Republicans are capable of waging a serious effort.

TX-28: Rep. Henry Cuellar, who is one of the most conservative Democrats in the House, does not face any intraparty opposition this year, following narrow back-to-back wins against progressive Jessica Cisneros. Joe Biden carried this seat, which includes Laredo and the eastern San Antonio suburbs, 53-46.

Cuellar turned back a well-funded general election rival by a comfortable 57-43 margin in 2022, so it remains to be seen if any of his four Republican foes are capable of giving him a scare this time. The candidate who has attracted the most attention so far is Jose Sanz, who is a former Cuellar staffer. Not all the attention has been welcome, though, as the Texas Tribune reported in October that the Republican was arrested for throwing a chair at his sister in 2021; the case was eventually dismissed after Sanz performed community service and attended batterer intervention classes.

TX-32: Ten Democrats are competing to succeed Senate candidate Colin Allred in a diverse northern Dallas constituency that Republicans made safely blue in order to protect GOP incumbents elsewhere in the area.

The two early frontrunners appear to be state Rep. Julie Johnson, whose 2018 victory made her the first Texas legislator with a same-sex spouse, and Brian Williams, the trauma surgeon who attracted national attention in 2016 after he treated Dallas police officers wounded by a sniper. Williams finished September with a $525,000 to $404,000 cash lead over Johnson; the only other Democrat with a six-figure campaign account was Raja Chaudhry, who owns a charter bus company and self-funded his entire $266,000 war chest.

Also in the running are Alex Cornwallis, who was the party's 2022 nominee for a seat on the state Board of Education; former Dallas City Council member Kevin Felder; and civil rights attorney Justin Moore.

TX-34: Democratic Rep. Vicente Gonzalez is in for a rematch against former GOP Rep. Mayra Flores, whom he convincingly beat 53-44 in an unusual incumbent vs. incumbent contest last year. Gonzalez finished September with a $944,000 to $230,000 advantage in cash on hand.

Three other Republicans are also running, including wealthy perennial candidate Mauro Garza, but none of them appear to pose much of a threat to Flores. Joe Biden won this seat in the eastern Rio Grande Valley 57-42.

Judges

OH Supreme Court: The state GOP announced Tuesday that appointed Justice Joe Deters will take on Democratic colleague Melody Stewart for a full six-year term. Deters previously said he would challenge either Stewart or Democratic Justice Michael Donnelly rather than run for the remaining two years of the term of the Republican he replaced, Sharon Kennedy. (Kennedy won a promotion from associate justice to chief justice last year as part of a sweep by Republican hardliners after Republicans enacted a law adding party labels to the ballot.)

TX Supreme Court: Partisan control of Texas' all-Republican, nine-member Supreme Court isn't at stake, but progressives are hoping that the trio of justices up in 2024 will pay a price for their unanimous ruling rejecting Kate Cox's petition for an emergency abortion. Cox, who said her fetus suffered from fatal abnormalities and posed a risk to her own health, left the state to undergo the procedure in a case that continues to attract national attention.

Each of the three Republicans faces at least one Democratic foe in their respective statewide race. Justice John Devine is being challenged by Harris County District Judge Christine Weems, who narrowly won reelection last year in Texas' largest county. Two pairs of Democrats, meanwhile, are competing to take on each of the other incumbents.

Going up against Justice Jimmy Blacklock are Harris County District Judge DaSean Jones, who last year survived an extremely tight reelection contest, and attorney Randy Sarosdy. And in the race to unseat Justice Jane Bland are Court of Appeals Judge Bonnie Lee Goldstein, who prevailed in a close 2020 race in the Dallas area, and Judge Joe Pool, who has run for the Supreme Court in the past as a Republican but won a local judgeship last year in Hays County as a Democrat.

Grab Bag

Where Are They Now?: The U.S. Senate confirmed former Maryland Gov. Martin O'Malley on Monday night as secretary of the Social Security Administration. The Democrat will take over from acting secretary Kilolo Kijakazi, who has served since July of 2021.

Campaign Action

Morning Digest: Darrell Issa thought he had an easy path to a comeback. A new poll says guess again

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

Leading Off

CA-50: While California Republican Darrell Issa looked like a sure bet to return to the House after he narrowly prevailed in the March top-two primary, a new SurveyUSA poll finds him locked in an unexpectedly close open seat contest with Democrat Ammar Campa-Najjar. The poll, which was done for KGTV-TV San Diego and the San Diego Union-Tribune, shows Issa up just 46-45. Perhaps even more surprisingly, the sample finds Joe Biden ahead 48-45 in California's 50th Congressional District, an ancestrally Republican seat in inland San Diego County that backed Donald Trump 55-40 in 2016.

This is the first independent poll we've seen since the top-two six months ago. Last month, Campa-Najjar released numbers from Strategies 360 that found him down 47-43, but his campaign did not mention any presidential results. So far, though, no major outside groups on either side have booked air time here, though that could always change over the next two months.

Campaign Action

Issa infamously decided to run here the cycle after he retired as the congressman from the neighboring and more Democratic 49th District just ahead of the 2018 blue wave, and it's possible that his weak connections to this area are hurting him. SurveyUSA finds Issa with an even 32-32 favorable rating, while Campa-Najjar sports a 37-26 score.

If SurveyUSA is right, though, then there's also been a big shift to the left in this seat over just the last two years. Back in 2018, then-Rep. Duncan Hunter managed to fend off Campa-Najjar 52-48 even though the Republican incumbent was under indictment at the time for misusing campaign money. That was a much better performance than Democrats usually pull off in this area, but the fact that this district still decided to return Hunter to Congress even in a terrible year for Republicans didn't seem to bode well for Campa-Najjar's second campaign, especially after Hunter took a plea deal in late 2019 and resigned.

We'll need to see if more polls find a close race, and we'll also be keeping an eye out to see if major outside groups spend here. However, if this contest is tight, Campa-Najjar will have the resources to run a serious campaign. The Democrat ended June with a $890,000 to $516,000 cash-on-hand, though Issa is more than capable of self-funding if he needs to.

Senate

AK-Sen: A newly formed PAC called Independent Alaska has launched an ad campaign supporting Al Gross, an independent who won the Democratic nomination last month. The commercial touts Gross' time as a fisherman and a doctor and informs the audience, "Dr. Al's father was Alaska's AG [attorney general], and his neighbor and fishing partner growing up was Republican Gov. Jay Hammond." The narrator concludes, "We're in a pandemic. It's time to send a doctor to D.C." There is no word on the size of the buy.

GA-Sen-B: Republican Rep. Doug Collins is running his first ad on broadcast TV, and he begins by saying of the appointed GOP incumbent, "Kelly Loeffler spent $30 million on slick ads telling lies—now it's my turn to tell the truth."

Collins continues, "I'm not a billionaire. I'm a state trooper's kid, a husband, a father, an Air Force chaplain and Iraq War veteran." He adds, "I'm President Trump's top defender against the sham impeachment, and yes, his preferred pick for the Senate." Trump reportedly did very much want Collins to be appointed to this seat, but he hasn't taken sides in the Nov. 3 all-party primary between the congressman and Loeffler.

On the Democratic side, pastor Raphael Warnock, who would be the state's first Black senator, is using his newest commercial to talk about his experiences with systemic racism. The narrator begins, "1982. A 12-year-old is accused of stealing and dragged out a store, told he looks suspicious because his hands are in his pockets." The audience then sees it's the candidate speaking as he continues, "I'm Raphael Warnock and that boy was me."

Warnock goes on, "Back then I didn't understand how much the system works against those without power and money, that the rules were different for some of us. Too often that's still true today, especially in Washington." Warnock ends by saying that it's time for this to change.

MI-Sen: The Glengariff Group's new poll for WDIV and the Detroit News finds Democratic Sen. Gary Peters leading Republican John James 44-41, while Joe Biden is ahead 47-42. Glengariff's last poll was all the way back in January, and it showed Peters up by a similar 44-40 spread.

MN-Sen: Citizens United (yes, the Citizens United) has launched what the National Journal's Dylan Wells reports is a six-figure buy supporting Republican Jason Lewis. The commercial, like Lewis' own ads, promotes Lewis as a supporter of the police and an opponent of violent mobs; both Lewis and Citizens United's spots also ignore racism and police brutality.

NC-Sen: Democrat Cal Cunningham has the first commercial we've seen anywhere focusing on allegations that the Russian government put out a bounty on American troops in Afghanistan. Cunningham says that his fellow veterans are the first ones to answer the call and continues, "So when [Republican Sen.] Thom Tillis fails to act while the Russians pay bounties for dead Americans, something is deeply wrong in Washington."

TX-Sen: Democrat MJ Hegar is airing her first TV ad of the general election as part of what her campaign says is a $1.5 million buy in six media markets that are home to 80% of the state's voters. As faint sounds of explosions are heard, the candidate tells the audience, "It was my third tour in Afghanistan. I was flying a medevac mission when I was shot through the windshield and we went down."

The camera gradually pans out to reveal a smoking helicopter in the canyon behind Hegar as she continues, "So I strapped myself to the skids of the helicopter that rescued us and returned fire on the Taliban as we flew to safety. For that I was awarded the Purple Heart and the Distinguished Flying Cross with Valor." The candidate goes on, "I'm MJ Hegar, and we fought like hell to get everyone home safe that day. And I approved this message because my mission isn't over while Texas families are still in danger."

Gubernatorial

WV-Gov: Democrat Ben Salango is airing his first TV spot since he won the primary three months ago. As old photos from his childhood fill the screen, the candidate says, "I grew up in a two-bedroom trailer in Raleigh County. It was a big deal when we got our first washer and dryer."

Salango then goes after Republican Gov. Jim Justice, declaring, "My family worked hard to build a business and even harder to pay the bills. Jim Justice is a billionaire who's been sued over 600 times for not paying his bills. And who made a secret deal with the government he controls to give himself tax breaks." Salango concludes, "I mean c'mon. I'll never betray West Virginia like that. I was raised better."

House

CA-25: Democrat Christy Smith is running her first commercial since her defeat in the May special election. Smith talks about how her mother survived domestic violence and "rebuilt our lives" with a nursing degree from the local community college. The candidate says she went on to work three jobs to pay for her education at that same institution and went on to found an education nonprofit.

CA-48: In its opening TV spot for this race, the DCCC declares that Republican Michelle Steel's allies were at the center of a major corruption scandal, but she "voted to defund the anti-corruption unit in Orange County."

The ad is also running in Vietnamese, which makes this one of the very rare examples of an American political commercial that's aired on TV all or mostly in a language other than English or Spanish. Back in 2018, Democrat John Chiang ran a spot entirely in Mandarin in his unsuccessful bid for governor of California, while Republican Ed Gillespie added Korean subtitles to a commercial during his 2017 primary for governor of Virginia.

There have been a few instances of American political ads airing on the radio in a language other than English or Spanish (and obviously, without subtitles.) In 2016, Arizona Democrat Ann Kirkpatrick recorded some ads in Navajo, which she speaks, for her unsuccessful Senate bid. That same year, Ohio GOP Sen. Rob Portman's campaign did a Ukrainian radio ad for his re-election campaign.

IA-01: Back in July, Republican Ashley Hinson blamed her campaign staff after the New York Times reported that several op-eds credited to her, as well as material on her campaign site, were full of passages plagiarized from other sources, and the DCCC is using its first TV spot to go after Hinson over this.

The narrator begins, "In tough times, we need leaders we can trust. But Ashley Hinson was caught plagiarizing—word for word—from the Des Moines Register, the New York Times, even her opponent's own policy positions." He then focuses on Hinson's record, declaring, "And Hinson took thousands from the nursing home industry. When the Coronavirus struck—Hinson voted to protect them with special legal immunity. Instead of protecting seniors and workers."

OH-01: House Majority PAC has released a survey from the Democratic firm Normington Petts that shows Democrat Kate Schroder leading Republican Rep. Steve Chabot 50-46, while Joe Biden has a tiny 48-47 edge in this Cincinnati-based seat. We've seen a few other polls this year from Schroder and her allies that have found a tight race, while Republicans have yet to drop their own numbers.

HMP is also running a commercial that targets Chabot over the truly strange scandal that engulfed Chabot's campaign last year, a story that Schroder has also focused on in her ads. The spot begins by reminding viewers that Chabot became a member of Congress in 1995 when "[b]aseball was on strike" and "Toy Story debuted. The first one." The narrator continues, "But now, a confirmed FBI investigation into $123,000 missing from Chabot's campaign. And Chabot's campaign paid his son-in-law's company nearly $200,000." The narrator concludes, "Twenty-four years in Congress has taken its toll on Steve Chabot."

PA-01: Democrat Christina Finello's first general election ad focuses on her own struggles with college loans and healthcare. She says that, while she "understands the struggles of the middle class," Republican Rep. Brian Fitzpatrick "votes with Trump. Giving tax cuts to the rich and ending protections for people with pre-existing conditions."

Fitzpatrick, meanwhile, uses his own ad to tout his endorsements from groups that usually pull for Democrats like the AFL-CIO, the League of Conservation Voters, and Everytown for Gun Safety, as well as the local police and firefighter unions. The congressman's mom also makes it clear she's backing Fitzpatrick.

SC-02: EMILY's List has endorsed Adair Ford Boroughs' campaign against Republican Rep. Joe Wilson.

TX-21: While freshman Republican Rep. Chip Roy has shown absolutely no desire to actually vote or behave like anything other than the far-right Freedom Caucus member that he is, the former Ted Cruz chief of staff is using his opening ad to portray himself as a bipartisan figure. Roy declares he'll "hold my party accountable if they're wrong, and work across party lines when it's right for Texas."

TX-23: Republican Tony Gonzales uses his first general election commercial to talk about how he went from growing up in an abusive home where he was abandoned by his father to the Navy.

Meanwhile, VoteVets has launched a $533,000 ad campaign against Gonzales. The ad stars an injured veteran who tells the audience that Gonzales "supports taking away health coverage from half a million veterans."

UT-04: The Congressional Leadership Fund is running a very rare positive TV commercial promoting Republican Burgess Owens, whom House Majority PAC recently began attacking.

CLF promotes Owens as a "pro-football star, political outsider, conservative, successful businessman, and mentor to troubled kids." As the ad shows footage of a football game, the narrator declares Owens will "heal our nation, tackling a virus and protecting the vulnerable." Those feel good themes are not, shall we say, the type of things that CLF likes to fill its ads with.

VA-02: This week, a third staffer from Republican Scott Taylor's 2018 campaign was indicted for allegedly submitting fraudulent signatures in order to get a former Democrat on the ballot as an independent that year. Special prosecutor John Beamer predicted that he would seek at least one additional indictment, and he said of Taylor, "He's part of the campaign and the whole campaign is under investigation."

Taylor is seeking a comeback against freshman Democratic Rep. Elaine Luria, who narrowly unseated him in 2018. Last month, Taylor sent a cease-and-desist letter to Luria demanding that she stop making statements claiming that he is under investigation for ballot access fraud only for Beamer to publicly contradict him. Luria soon began running commercials focused on the ongoing scandal.

VA-05: Democrat Cameron Webb is up with two commercials that decry the "lies and dirty tricks" being waged by Republican Bob Good, who recently ran a truly racist spot against Webb.

In Webb's first ad, the narrator declares that the candidate "is not for defunding the police," and adds that "a senior Trump official is praising Webb." The commercial highlights the law enforcement officials backing Webb before the candidate himself appears and talks about his work in the Obama and Trump administrations and support for "free market solutions to bring healthcare costs down."

The second Webb spot stars several former sheriffs as well as Albemarle County Commonwealth's Attorney Jim Hingeley, who praise Webb and implore the audience not to let "Bob Good scare you from electing a good man."

Ballot Measures

CA Ballot: Probolsky Research has released the first poll we've seen of Prop. 15, the so-called "split roll" initiative that would scale back a significant part of the law passed by anti-tax crusaders in 1978, and finds it down 49-41. Probolsky has worked for Republicans in the past, but it says this survey was not done for a client.

The poll was taken just before the pro-Prop. 15 group Schools & Communities First launched its opening TV commercials. One ad declares that wealthy corporate tycoons "think they're entitled to tax handouts. Prop. 15 closes the loopholes." The narrator continues, "The richest 10% of corporate properties provide 92% of the revenue, while homeowners, renters, and small businesses are protected." The second spot argues, "Prop. 15 would raise billions of dollars that our communities and schools need" and would make "wealthy large corporations pay their fair share, while small businesses get a tax break."

As David Jarman has written, Prop. 15 would dramatically alter California's property tax landscape and lead to a massive increase in tax revenue by repealing a portion of 1978's Prop. 13. That measure limits the annual property tax on a particular property to no more than 1% of its assessed value and, most importantly, limits the increase in a property's assessed value to no more than 2% per year—even if its actual market value has soared. This has resulted in municipalities and school districts taking in revenues far smaller than they ought to be.

However, voters finally have their chance this fall to modify the system Prop. 13 set up decades ago. This year's Prop. 15 would essentially split the "roll" of properties every municipality maintains by requiring commercial and industrial properties to be reassessed at actual market value while keeping residential and agricultural properties under Prop. 13's rules.

Mayoral

Miami-Dade County, FL Mayor: On behalf of the Miami Herald, the Democratic pollster Bendixen & Amandi International is out with a survey that finds Democrat Daniella Levine Cava leading Republican Steve Bovo 39-32 in this November's officially nonpartisan contest. This sample also found Joe Biden ahead 55-38 in a county that supported Hillary Clinton 63-34.

Primary Result Recaps

NH-Sen: Corky Messner, a wealthy attorney endorsed by Donald Trump, beat retired Army Brig. Gen. Donald Bolduc 51-42 in the Republican primary. Bolduc responded to his defeat by declaring that he wouldn't back Messner in the general election against Democratic Sen. Jeanne Shaheen. "I will not support a man who is being investigated for fraud by the attorney general," Bolduc said, "No. I will not support him. I will not disgrace my name to support a man like that."

Last month, Mary Mullarkey, a former chief justice of the Colorado Supreme Court, asked that state's attorney general and secretary of state to investigate the charitable foundation run by Messner, who lived in Colorado until last year. Mullarkey's request came after the Washington Post reported that the Messner Foundation, whose stated purpose is to provide college scholarships to low-income students, had only awarded a grant to one student in its first 10 years of existence. However, despite what Bolduc said, there are no reports that a legal investigation is underway.

No matter what happens with this story, Messner will be in for a difficult race against Shaheen, a longtime figure in New Hampshire politics. A recent poll from the University of New Hampshire found Shaheen beating Messner 54-36, and no major groups have booked ad time here. Messner's ability to self-fund could still give him an opening if Donald Trump performs well in this swing state, though, so Daily Kos Elections is keeping it on the big board at Likely Democratic.

NH-Gov: State Senate Majority Leader Dan Feltes won the Democratic nomination to take on Republican Gov. Chris Sununu by defeating Executive Councilor Andru Volinsky 52-48. On the GOP side, Nobody lost.  

Sununu has polled well during his tenure, and a recent survey from the University of New Hampshire found him beating Feltes 57-33. However, Sununu's allies at the RGA don't seem to think the governor is a lock in this swing state, since they reserved $3.6 million in television time for the general election earlier this year. Daily Kos Elections rates this contest as Likely Republican.

NH-01: Former Trump aide Matt Mowers, who had his old boss' endorsement in the Republican primary, beat former state party vice chair Matt Mayberry 60-26. Mowers will face freshman Democratic Rep. Chris Pappas in the fall.

The 1st District, which includes eastern New Hampshire, has been very competitive turf for a long time, and both Barack Obama and Donald Trump only narrowly won it. Pappas, however, prevailed 54-45 during the 2018 blue wave, and he holds a huge financial edge over Mowers with less than two months to go before voting concludes. A recent poll from the University of New Hampshire also showed Pappas up 52-34, though we haven't seen any other numbers here.

Still, Team Blue isn't leaving anything to chance in this swing seat, and House Majority PAC has reserved $2 million for this race; Republicans have not yet booked any air time. Daily Kos Elections rates this contest as Lean Democratic.

NH State Senate, Where Are They Now?: Former Democratic Rep. Paul Hodes lost Tuesday's Democratic primary for New Hampshire's 15th State Senate District to Becky Whitley, a disability rights attorney, 41-33. This seat backed Hillary Clinton 58-37, and Whitley will be the clear favorite to succeed state Senate Majority Leader Dan Feltes, who is the Democratic nominee for governor.

Ad Roundup

Morning Digest: How a brazen campaign finance scandal led to this Florida Republican’s downfall

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

Alaska, Florida, and Wyoming held their primaries on Tuesday. You can find current results at the links for each state; we’ll have a comprehensive rundown in our next Digest.

Leading Off

FL-15: Republican primary voters in Florida’s 15th Congressional District on Tuesday denied renomination to freshman Rep. Ross Spano, who has been under investigation by the Justice Department since last year due to a campaign finance scandal, and instead gave the GOP nod to Lakeland City Commissioner Scott Franklin.

With all votes apparently counted, Franklin defeated Spano 51-49. Franklin’s next opponent will  be former local TV news anchor Alan Cohn, who beat state Rep. Adam Hattersley 41-33 for the Democratic nomination.

Campaign Action

This central Florida seat, which includes the mid-sized city of Lakeland and the exurbs of Tampa and Orlando, moved from 52-47 Romney to 53-43 Trump, and Franklin is favored to keep it in Republican hands. Still, the general election could be worth watching: In 2018, before news of Spano’s campaign finance scandal broke, he won by a modest 53-47 margin.

Spano’s defeat ends a short, but unfortunately for him quite eventful, congressional career. Spano, who was elected to the state House in 2012, had been waging a campaign for state attorney general in 2018 until Republican Rep. Dennis Ross surprised everyone by announcing his retirement. Spano switched over to the contest to succeed Ross, which looked like an easier lift, but he nonetheless faced serious intra-party opposition from former state Rep. Neil Combee.

Spano beat Combee 44-34 and went on to prevail in the general election, but he found himself in trouble before he was even sworn into Congress. That December, Spano admitted he might have broken federal election law by accepting personal loans worth $180,000 from two friends and then turning around and loaning his own campaign $170,000. That's a serious problem, because anyone who loans money to a congressional candidate with the intent of helping their campaign still has to adhere to the same laws that limit direct contributions, which in 2018 capped donations at just $2,700 per person.

The House Ethics Committee initially took up the matter but announced in late 2019 that the Justice Department was investigating Spano. The congressman variously argued that he'd misunderstood the law governing campaign loans but also insisted his campaign had disclosed the loan "before it became public knowledge" in the financial disclosure forms all federal candidates are obligated to file.

That latter claim, however, was flat-out false: As the Tampa Bay Times' Steve Contorno explained, Spano had failed to file those disclosures by the July 2018 deadline, only submitting them just before Election Day—after the paper had asked about them. Only once those reports were public did the paper learn that the money for Spano's questionable loans came from his friends.

Despite his scandal, most of the party establishment, including Sen. Marco Rubio and most of the neighboring Republican congressmen, stood by Spano. However, he had trouble bringing in more money, and Franklin used his personal wealth to decisively outspend the incumbent. The anti-tax Club for Growth dumped $575,000 into advertising attacking Franklin, but it wasn’t enough to save Spano from defeat on Tuesday.

P.S. Spano is the fifth House Republican to lose renomination this cycle, compared to three Democrats. The good news for the rest of the GOP caucus, though, is that none of them can lose their primaries … because the remaining states don’t have any Republican members. (Louisiana does host its all-party primaries in November, but none of the state’s House members are in any danger.)

Senate

AL-Sen: In what appears to be the first major outside spending here on the Democratic side, Duty and Honor has deployed $500,000 on an ad buy praising Sen. Doug Jones. The commercial extols the incumbent for working across party lines to protect Alabamians during the pandemic and "fighting to expand Medicaid to cover Alabama families who need it." The conservative organization One Nation, meanwhile, is running a spot hitting Jones for supporting abortion rights.

GA-Sen-A: The Democratic group Senate Majority PAC is running an ad going after a Georgia Republican senator's stock transactions … just not the senator you might expect. The commercial begins, "Jan. 24, the U.S. Senate gets a private briefing on the coronavirus. Georgia Sen. David Perdue gets busy." The narrator continues, "That same day, he buys stock in a company that sells masks and gloves. Then sells casino stocks and winds up buying and dumping up to $14.1 million dollars in stock."

Perdue, like homestate colleague Kelly Loeffler, has argued that these trades were made by advisers who acted independently. Perdue has also said that he was not part of that Jan. 24 briefing.

Meanwhile, SMP's affiliated nonprofit, Duty and Honor, is airing a spot that uses Perdue's own words to attack his handling of the pandemic. "Very, very few people have been exposed to it," the audience hears Perdue say, "The risk of this virus still remains low." The narrator continues, "No wonder Perdue voted against funding for more masks, gloves, and ventilators. And voted to cut funding at the CDC to combat pandemics."

GA-Sen-B: Georgia United Victory, which supports Republican Sen. Kelly Loeffler, is airing another commercial attacking Republican Rep. Doug Collins, and the Atlanta Journal-Constitution reports that its total buy now stands at $6 million.

As pigs fill the screen, a truly bored-sounding narrator begins, "Another talking pig commercial? Good grief. We all know pigs are wasteful." She goes on to ask, "Is that the best comparison to Doug Collins? Oh sure. Collins loves pork for things like wine tasting and the opera." She goes on to say the congressman is too close to lobbyists and concludes, "He's laid quite a few eggs. Ever seen a pig lay an egg? Didn't think so." We really don't understand why this spot decided to go into the details of pig reproduction for no apparent reason, but ok.

IA-Sen, NC-Sen: Politico reports that Everytown for Gun Safety is launching an ad campaign this week against two Republican senators: The group will spend $2.2 million against Iowa's Joni Ernst (here and here), and $3.2 million opposing North Carolina's Thom Tillis (here and here).

Both ads argue the incumbents are too close to special interests, including the "gun lobby" and the insurance industry. The Iowa commercials also reference Ernst's infamous 2014 "make 'em squeal" spot by arguing, "She said she'd go to Washington and make them squeal. Joni Ernst broke that promise to Iowa and made the special interests her top priority." The narrator concludes that Ernst has actually left Iowans to squeal.

MA-Sen: Priorities for Progress, a group that the Boston Globe says is affiliated with the pro-charter school and anti-teachers union organization Democrats for Education Reform, has released a SurveyUSA poll that shows Massachusetts Sen. Ed Markey narrowly leading Rep. Joe Kennedy 44-42 in the Democratic primary. Neither group appears to have taken sides in the Sept. 1 contest.

This is the third poll we've seen in the last month, and the others have also shown Markey in the lead. However, while the Republican firm JMC Analytics gave the incumbent a similar 44-41 edge in an early August crowdfunded survey, a YouGov poll for UMass Amherst and WCVB had Markey ahead 51-36 last week.

MI-Sen: Republican John James has publicized a poll from the Tarrance Group that shows him trailing Democratic Sen. Gary Peters "just" 49-44; the survey, like most Republican polls this cycle, did not include presidential numbers.

There isn't any ambiguity about why James' team is releasing this survey, though. The memo noted that, while the Democratic group Duty and Honor has been airing commercials for Peters, there has been "no corresponding conservative ally on the air against Gary Peters," and it goes on to claim the Republican can win "[w]ith the proper resources." Indeed, as Politico recently reported, major Republican outside groups have largely bypassed this contest, and neither the NRSC or Senate Leadership Fund currently has any money reserved for the final three months of the campaign.

James is getting some air support soon, though. Roll Call reports that One Nation, a nonprofit affiliated with SLF, will launch a $4.5 million TV and radio ad campaign against Peters on Wednesday.

NC-Sen: While most Republican downballot candidates have largely avoided tying their Democratic opponents to Joe Biden, Sen. Thom Tillis tries linking Democrat Cal Cunningham to Biden in a new spot.

Polls: The progressive group MoveOn has unveiled a trio of new Senate polls from Public Policy Polling:

  • GA-Sen-A: Jon Ossoff (D): 44, David Perdue (R-inc): 44 (June: 45-44 Ossoff)
  • IA-Sen: Theresa Greenfield (D): 48, Joni Ernst (R-inc): 45 (June: 45-43 Greenfield)
  • ME-Sen: Sara Gideon (D): 49, Susan Collins (R-inc): 44 (July: 47-42 Gideon)

The releases did not include presidential numbers.

House

OH-01: Democrat Kate Schroder is running a TV commercial about the truly strange scandal that engulfed Republican Rep. Steve Chabot's campaign last year. The narrator accuses the incumbent of lying about Schroder to draw attention away from his own problems, declaring, "Chabot is facing a grand jury investigation for $123,000 in missing campaign money."

The ad continues, "After getting caught, Chabot blamed others. And his campaign manager went missing." The narrator concludes, "We may never learn the truth about Shady Chabot's missing money, but we do know that 24 years is enough. (Chabot was elected to represent the Cincinnati area in Congress in 1994, lost a previous version of this seat in 2008, and won it back two years later.)

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

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

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

Adding to the weirdness, it turned out that Chabot had paid Schwartz's now-defunct consultancy $57,000 in July and August of 2019 for "unknown" purposes. Yes, that's literally the word Chabot's third-quarter FEC report used to describe payments to the Fountain Square Group no fewer than five times. (Remember how we were saying the campaign seems to miss quite a bit?)

We still don't know what those payments were for, or what the deal was with the original $124,000 in mystery money that triggered this whole saga. Chabot himself has refused to offer any details, insisting only that he's been the victim of an unspecified "financial crime."

There haven't been any public developments since December, though. The Cincinnati Inquirer's Jason Williams contacted Schwartz's attorney last week to ask if Schwartz had been informed of any updates, and the reporter was only told, "No, not yet." Unless something big changes in the next few months, though, expect Democrats to keep pounding Chabot over this story.

OK-05: State Sen. Stephanie Bice is going up with a negative commercial against businesswoman Terry Neese just ahead of next week's Republican primary runoff. The winner will face Democratic Rep. Kendra Horn in what will be a competitive contest for this Oklahoma City seat.

Bice accuses Neese of running "the same fake news smears she always sinks to." Bice continues by alluding to Neese's unsuccessful 1990 and 1994 campaigns for lieutenant governor by declaring that in her 30 years of running for office Neese has been "mastering the art of dirty politics but never beating a single Democrat." (Neese badly lost the general election in 1990 but fell short in the primary runoff four years later, so she's only had one opportunity up until now to beat a Democrat.) Bice then sums up Neese by saying, "Appointed by Clinton. Terrible on gun rights. Neese won't take on the Squad, because she can't beat Kendra Horn."

Neese outpaced Bice 36-25 in the first round of voting back in late June, and Neese' allies have a big financial advantage going into the runoff. While Bice did outspend Neese $290,000 to $210,000 from July 1 to Aug. 5 (the time the FEC designates as the pre-runoff period), the Club for Growth has deployed $535,000 on anti-Bice ads this month. So far, no major outside groups have spent to aid Bice.

SC-01: The NRCC has started airing its first independent expenditure ad of the November general election, a spot that seeks to attack freshman Democratic Rep. Joe Cunningham on the issue that powered his upset victory in 2018: offshore drilling. The ad tries to question Cunningham's commitment to opposing such drilling in a move straight from Karl Rove’s dusty playbook, but given how closely his image is tied to the cause—he defeated his Republican opponent two years ago, Katie Arrington, in large part because of her support for offshore oil extraction—it's a tough sell.

And while Nancy Mace, his Republican challenger this year, might welcome the committee's involvement, the move doesn't come from a position of strength. In fact, the NRCC's own ad seems to acknowledge this at the outset, with a narrator saying, "Your TV is full of Joe Cunningham" as three images from prior Cunningham spots pop up on the screen. It's not wrong: The congressman has been advertising on television since the first week in July, and he recently released his fifth ad.

Cunningham's been able to blanket the airwaves because of the huge financial advantage he's locked in. Mace raised a prodigious $733,000 in the second quarter of the year, but Cunningham managed to beat even that take with an $845,000 haul of his own. It's the campaigns' respective bank accounts that differ dramatically, though: Cunningham had $3.1 million in cash-on-hand as of June 30 while Mace, after a costly primary, had just $743,000.

As a result, she hasn't gone on the air yet herself, which explains why the NRCC has moved in early to fill in the gap. Interestingly, the committee didn't bother to mention that this is its first independent expenditure foray of the 2020 elections in its own press release, whereas the DCCC loudly trumpeted the opening of its own independent expenditure campaign in New York's 24th Congressional District a month ago.

TX-21: Both Democrat Wendy Davis and the far-right Club for Growth are running their first commercials here.

Davis talks about her life story, telling the audience, "[M]y parents divorced when I was 13. I got a job at 14 to help mom. And at 19, I became a mom." Davis continues by describing her experience living in a trailer park and working two jobs before community college led her to Texas Christian University and Harvard Law. She then says, "As a state senator, I put Texas over party because everyone deserves a fair shot."

The Club, which backs Republican Rep. Chip Roy, meanwhile tells the Texas Tribune's Patrick Svitek that it is spending $482,000 on its first ad against Davis. The group has $2.5 million reserved here to aid Roy, who ended June badly trailing the Democrat in cash-on-hand, and it says it will throw down more.

The Club's spot declares that Davis is a career politician who got "busted for using campaign funds for personal expenses," including an apartment in Austin. However, while the narrator makes it sound like Davis was caught breaking the rules, Svitek writes, "Members are allowed to use donors' dollars to pay for such accommodations—and it is not uncommon."

This topic also came up during Davis' 2014 campaign for governor. The campaign said at the time that legislative staffers also stayed at the apartment, and that Davis followed all the state's disclosure laws.

Polls:

  • AZ-06: GQR (D) for Hiral Tipirneni: Hiral Tipirneni (D): 48, David Schweikert (R-inc): 45 (50-48 Biden)
  • MT-AL: WPA Intelligence (R) for Club for Growth (pro-Rosendale): Matt Rosendale (R): 51, Kathleen Williams (D): 45
  • NJ-02: RMG Research for U.S. Term Limits: Jeff Van Drew (R-inc): 42, Amy Kennedy (D): 39
  • NY-01: Global Strategy Group (D) for Nancy Goroff: Lee Zeldin (R-inc): 47, Nancy Goroff (D): 42 (46-42 Trump)
  • WA-03: RMG Research for U.S. Term Limits: Jaime Herrera Beutler (R-inc): 44, Carolyn Long (D): 40

The only other numbers we've seen from Arizona's 6th District was an early August poll from the DCCC that had Republican Rep. David Schweikert up 46-44 but found Joe Biden ahead 48-44 in this Scottsdale and North Phoenix constituency; Donald Trump carried this seat 52-42 four years ago, but like many other well-educated suburban districts, it's been moving to the left in recent years.

The Club for Growth's new Montana survey comes a few weeks after two Democratic pollsters found a closer race: In mid-July, Public Policy Polling's survey for election enthusiasts on Twitter showed a 44-44 tie, while a Civiqs poll for Daily Kos had Republican Matt Rosendale ahead 49-47 a few days later. PPP and Civiqs found Donald Trump ahead 51-42 and 49-45, respectively, while the Club once again did not include presidential numbers.

U.S. Term Limits has been releasing House polls at a rapid pace over the last few weeks, and once again, they argue that Democrats would easily win if they would just highlight the Republican incumbents' opposition to term limits; as far as we know, no Democratic candidates have tested this theory out yet. These surveys also did not include presidential numbers.

The only other poll we've seen out of New York's 1st District on eastern Long Island was a July PPP internal for Democrat Nancy Goroff's allies at 314 Action Fund. That survey gave Republican Rep. Lee Zeldin a 47-40 lead, which is slightly larger than what her poll finds now, though it showed the presidential race tied 47-47. This seat has long been swing territory, though it backed Trump by a 55-42 margin in 2016.

Mayoral

Honolulu, HI Mayor: Former Rep. Colleen Hanabusa, who finished a close third in the Aug. 8 nonpartisan primary, announced Monday that she was endorsing independent Rick Blangiardi over fellow Democrat Keith Amemiya. Blangiardi took 26% in the first round of voting, while Amemiya beat Hanabusa 20-18 for second.

ELECTION CHANGES

Minnesota: Republicans have dropped their challenge to an agreement between Democratic Secretary of State Steve Simon and voting rights advocates under which Minnesota will waive its requirement that mail voters have their ballots witnessed and will also require that officials count any ballots postmarked by Election Day and received within a week.

In dismissing their own claims, Republicans said they would "waive the right to challenge [the agreement] in any other judicial forum." That likely moots a separate federal case in which Republicans were challenging a similar agreement that a judge had refused to sign off on.

North Dakota: An organization representing county election officials in North Dakota says that local administrators are moving forward with plans to conduct the November general election in-person, rather than once again moving to an all-mail format, as they did for the state's June primary.

South Carolina: Republican Harvey Peeler, the president of South Carolina's state Senate, has called his chamber in for a special session so that lawmakers can consider measures to expand mail voting. Legislators passed a bill waiving the state's excuse requirement to vote absentee ahead of South Carolina's June primary, and Peeler says, "I am hopeful we can do it again."

However, Republican House Speaker Jay Lucas is refusing to convene a special session for his members, who are not due to return to the capitol until Sept. 15. That would give the state significantly less time to prepare for a likely influx of absentee ballot requests should the legislature once again relax the excuse requirement.

Ad Roundup

Morning Digest: Ardent Trump ally will reportedly challenge GOP senator in Georgia special election

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

Leading Off

GA-Sen-B: On Monday evening, multiple media outlets reported that Georgia Rep. Doug Collins would challenge appointed Sen. Kelly Loeffler, a fellow Republican, in this year’s special election, a move that would complicate GOP hopes of holding this key seat.

Collins himself has not publicly said anything about his plans, but the Atlanta Journal-Constitution reports that his launch is expected “soon.” (The New York Times said it would happen Tuesday, but that did not come to pass.) Collins is currently serving as one of Donald Trump’s designated surrogates during his impeachment trial, and the AJC writes that the congressman hopes to have Trump’s inner circle behind him.

Campaign Action

If Collins goes ahead with his bid, that would almost certainly crush GOP hopes of winning outright in November, at least under the state’s current election law. That's because all candidates from all parties will run together on a single ballot, and if no one takes a majority, a runoff between the top two vote-getters—regardless of party—would be held in January of next year.

However, neither Democrats nor Collins’ GOP allies in the state legislature are keen on this unusual law, and they’re currently working to change it. On Tuesday, the House Governmental Affairs Committee overwhelmingly advanced a bill (with a lone Republican voting “nay”) that would require a partisan primary in May and a general election in November, which are the same rules that govern the state’s regularly-scheduled Senate race.

However, Republican Gov. Brian Kemp, who appointed Loeffler over Collins despite Trump’s wishes, likes the status quo just fine. He’s said he’ll veto this legislation if it makes it to his desk, though if Democrats and Republicans unite behind the bill, they could overturn a Kemp veto with a two-thirds supermajority.

It’s not hard to see why Loeffler and her supporters don’t want to alter Georgia’s electoral calendar. A survey from the Democratic firm PPP taken just after Loeffler was selected in December showed Collins destroying her 56-16 in a hypothetical GOP primary. Collins’ bonafides with the Trumpist base would be hard to overcome if the primary took place less than four months from now, but Loeffler could benefit from an additional half year of incumbency, as well as the extra time to air ads.

It’s not just the far-right that would benefit from this proposed change—Democrats likely would, too. Right now, Team Blue’s only declared candidate is businessman Matt Lieberman, but former U.S. Attorney Ed Tarver recently said that he planned to run while the Rev. Raphael Warnock is also reportedly going to get in soon. If all three Democrats wind up competing in an all-party primary in November, it will almost certainly be impossible for any of them to secure a majority. The prospect of a multi-way split on the left could also lead to the nightmare scenario of both Loeffler and Collins advancing to what would be an all-GOP runoff.

Thanks to her vast wealth, though, Loeffler doesn’t have to wait to see how things shake out to start upping her name recognition. She’s already up with a new TV spot that’s part of her opening $2.6 million buy that portrays her as (of course) a political outsider. The senator has reportedly pledged to spend $20 million of her own money, so Georgians will see a lot more from her no matter what Collins ends up doing.

Loeffler may also get some air support from outside groups. The U.S. Chamber of Commerce has endorsed the incumbent, as has the NRSC, though Senate Republicans may prefer to focus their attention on other races in a cycle when control of the chamber is on the line. It’s not clear who might come to Collins’ aid, but the anti-tax Club for Growth has already made it clear that he’s no friend of theirs. On Monday, the Club tweeted that the congressman “should start being more responsible with taxpayer dollars and improving the 57%” he received on its scorecard.

Trump, however, has yet to endorse Loeffler and has openly expressed his enthusiasm for Collins. Could the occupant of the White House side against a sitting senator from his own party? If anyone would do it, it’s Donald Trump.

4Q Fundraising

ME-Sen: Sara Gideon (D): $3.5 million raised, $2.8 million cash-on-hand

TX-Sen: MJ Hegar (D): $1.1 million raised, $1 million cash-on-hand

CA-21: David Valadao (R): $630,000 raised, $1 million cash-on-hand

CA-39: Young Kim (R): $490,000 raised, $900,000 cash-on-hand

CO-03: Lauren Boebert (R): $17,000 raised, additional $2,000 self-funded, $17,000 cash-on-hand

NY-24: John Katko (R-inc): $364,000 raised, $1.06 million cash-on-hand

WI-01: Bryan Steil (R-inc): $375,000 raised, $1 million cash-on-hand

Senate

AL-Sen: Former U.S. Attorney General Jeff Sessions is out with another poll of the March GOP primary from OnMessage that shows him well ahead of his many rivals but still short of the majority he needs to win without a runoff. The results are below with the numbers from Sessions' December poll in parentheses:

Former U.S. Attorney General Jeff Sessions: 43 (44)

Rep. Bradley Byrne: 23 (14)

Former Auburn University football coach Tommy Tuberville: 22 (21)

2017 nominee Roy Moore: 8 (7)

The only big change between the two polls is that Byrne has gained several points and is now locked in a tight race with Tuberville for second.

Byrne has been running ads over the last few weeks, and he's now getting some air support from a super PAC called Fighting for Alabama Fund. The group's opening commercial praises Byrne as "one of President Trump's strongest defenders," and it features clips of the congressman denouncing impeachment. The conservative Yellowhammer News writes that the super PAC's "total buy will be in the six-figures across the Birmingham and Huntsville media markets."

WV-Sen: Candidate filing closed Saturday for West Virginia's May 12 primary, and the state has a list of contenders available here.

GOP Sen. Shelley Moore Capito decisively won an open seat race in 2014, and there's no indication that she's in any trouble this cycle. Capito does face a primary challenge from Allen Whitt, the president of the social conservative group the Family Policy Council of West Virginia, but he doesn't appear to be much of a threat. Whitt raised less than $7,000 from donors during the final three months of 2019 and self-funded another $50,000, and he had $52,000 to spend at the end of December.

The most notable candidate on the Democratic side is former state Sen. Richard Ojeda, who lost the 2018 general election for the 3rd Congressional District and later launched a brief presidential bid. Also in the race is 2018 Senate candidate Paula Jean Swearengin, who challenged Sen. Joe Manchin from the left in the 2018 primary and lost 70-30.

Gubernatorial

WV-Gov: Gov. Jim Justice left the Democratic Party at a 2017 Trump rally months into his term, and he's competing in the GOP primary for the first time. Justice's main intra-party rival appears to be former state Commerce Secretary Woody Thrasher, whom Justice hired and later fired. Also in the running is former Del. Mike Folk, who hasn't brought in much money so far.

Thrasher, who has been self-funding most of his campaign, began airing TV ads in June and has continued to spend heavily on spots since then. However, even Thrasher seems to agree that he's trailing right now: A mid-December Thrasher poll showed Justice leading him 38-30, while Folk was a distant third with 6%.

Three notable Democrats are also running to take on Justice. Kanawha County Commissioner Ben Salango and state Sen. Ron Stollings each describe themselves as moderates, while community organizer Stephen Smith is appealing to progressive voters. Salango, who has also been self-funding much of his campaign, ended December with an enormous cash advantage over his two intra-party foes.

House

CA-22: Financial adviser Phil Arballo is out with his first TV spot ahead of the March top-two primary to face GOP Rep. Devin Nunes, and the Democrat's campaign says that it will run for six figures. The ad highlights Arballo's local roots and background and does not mention Nunes.

MA-03: Andover Selectman Dan Koh filed with the FEC on Friday for a potential Democratic primary rematch against incumbent Lori Trahan, but he says he's still deciding whether to run. Koh lost the 2018 open seat race to Trahan by just 145 votes, and he's been talking about running again for months. Back in December, the House Ethics Committee announced that it was furthering its investigation into Trahan over loans totaling $300,000 that she made to her campaign ahead of that primary.

MD-07: Campaign finance reports are in for all of the candidates competing in Tuesday's special Democratic primary to succeed the late Rep. Elijah Cummings in this safely blue seat. The numbers, which cover the period from Oct. 1 to Jan. 15, are below:

Del. Talmadge Branch: $54,000 raised, additional $4,000 self-funded, $14,000 spent, $44,000 cash-on-hand

State Sen. Jill Carter: $54,000 raised, $14,000 spent, $42,000 cash-on-hand

Former state party chair Maya Rockeymoore Cummings: $208,000 raised, $139,000 spent, $69,000 cash-on-hand

University of Baltimore Law School professor Michael Higginbotham: $108,000 raised, additional $509,000 self-funded, $407,000 spent, $209,000 cash-on-hand

Del. Terri Hill: $49,000 raised, $9,000 spent, $41,000 cash-on-hand

Del. Jay Jalisi: $43,000 raised, additional $75,000 self-funded, $0 spent, $118,000 cash-on-hand

Former Rep. Kweisi Mfume: $261,000 raised, additional $5,000 self-funded, $57,000 spent, $209,000 cash-on-hand

Business consultant Saafir Rabb: $217,000 raised, $144,000 spent, $73,000 cash-on-hand

Former Cummings aide Harry Spikes: $19,000 raised, $10,000 spent, $9,000 cash-on-hand

This is the first we've written about the two top spenders, Higginbotham and Rabb.

NY-27: Erie County Comptroller Stefan Mychajliw announced Monday that he'd compete in the June GOP primary for the full two-year term, a move that came two days after county party leaders passed him over for the party's nomination for upcoming special election in favor of state Sen. Chris Jacobs. Attorney and Fox News contributor Beth Parlato, who also lost on Saturday, had already launched a primary campaign for this 60-35 Trump seat.

Mychajliw, who was an ally of disgraced former Rep. Chris Collins, once again expressed his rage at how the special election nomination was "made behind closed doors by party bosses." And while Mychajliw was first elected as Erie County comptroller in 2012, he pitched himself as the anti-establishment candidate. Mychajliw rhetorically asked, "Can you imagine if Donald Trump listened to the establishment Republicans and let Jeb Bush run for the White House?" and concluded, "Hillary Clinton would be president right now."

Two other candidates who unsuccessfully sought the special election nod are also considering proceeding to the June primary. State Sen. Robert Ortt, who reportedly came close to beating Jacobs over the weekend, told the Buffalo Daily News on Monday that he'd decide in the next few days. White House aide Jeff Freeland, by contrast, said that he wouldn't be talking about his plans until impeachment is done.

However, as we've noted before, it's going to be tough to deny Jacobs the GOP nod in June, especially if so many other candidates run. The state attorney general's office told a court that Gov. Andrew Cuomo intends to set the date for April 28, so if Jacobs wins that race, he'd have two months of incumbency before the primary.

SC-01: Freshman Democratic Rep. Joe Cunningham is out with his first TV spot of the campaign, and the Post & Courier reports that it's running for six figures.

The ad begins by referencing the commercials from GOP outside groups that have already run here and in other competitive seats across the country, with the narrator describing them as "[a]ttack ads so phony even late-night TV made fun of them." A clip then shows comedian Jimmy Kimmel mocking one Republican spot that starred a woman identified as Stacy by saying, "The problem is 'Stacy' is actually an actress … I bet her name's not even Stacy!"

Cunningham's narrator goes on to say that the congressman is the latest target. The commercial continues by praising Cunningham for keeping his word and passing a bipartisan bill to ban offshore oil drilling, working to aid local veterans, and stopping politicians who "tried to raise their own pay."

TX-13: Lobbyist Josh Winegarner is out with a TV spot ahead of the crowded March GOP primary where the narrator bemoans, "We have 15 candidates from Congress, many of them from out of district." He continues, "A Dallas millionaire's even trying to buy our seat." This person isn't mentioned by name, but it's almost certainly a reference to businessman Chris Ekstrom, who lived in Dallas as recently as May. (The city is located about 55 miles away from the border of this Texas Panhandle-based district.)

Winegarner's commercial goes on to praise the candidate as "a pro-life family man who cannot be bought." Winegarner appears at the end and says the district needs "one of our own."

Winegarner also got an endorsement this week from Rep. Mike Conaway, who is retiring from the neighboring 11th District.

WI-07: The anti-tax Club for Growth has launched its first TV spot in support of state Sen. Tom Tiffany ahead of the Feb. 18 special GOP primary, and Politico reports that the size of the buy is $130,000. The commercial argues that Tiffany will be a Trump ally who has "Wisconsin common sense."

Tiffany himself is also out with an ad where he tells the audience that, in addition to being a family man and a conservative, he's "the dam tender on the Willow Flowage. So, I know a thing or two about holding up under pressure." (We've seen a lot of political spots over the years, but we're quite sure this is the first time we've heard the words "dam tender" in one, much less from the candidate.) Tiffany goes on to say he'll be a Trump ally and that "nobody knows how to drain a swamp like a dam man."

DCCC: On Thursday, the DCCC unveiled the first round of its "Red to Blue" program for the 2020 election cycle, highlighting candidates whom the committee thinks has the strongest chance of picking up GOP-held districts or defending competitive open seats. The full list of candidates making the DCCC's initial roster are below:

AZ-06: Hiral Tipirneni CA-25: Christy Smith IA-02: Rita Hart IL-13: Betsy Dirksen Londrigan IN-05: Christina Hale MN-01: Dan Feehan MO-02: Jill Schupp NY-02: Jackie Gordon PA-10: Eugene DePasquale TX-21: Wendy Davis TX-23: Gina Ortiz Jones WA-03: Carolyn Long

Most of these candidates don't face any serious opposition in their primaries. The biggest exception is in California's 25th District where progressive commentator Cenk Uygur, who has long been a vocal opponent of national party leaders, is competing with Assemblywoman Christy Smith in March. The other is in Arizona's 6th District, where 2018 nominee Anita Malik is making a second run but has struggled to raise as much money as physician Hiral Tipirneni.

The DCCC's decision to back Babylon Town Councilor Jackie Gordon in New York's 2nd District is also notable. Gordon launched a bid against GOP Rep. Peter King in the spring, but there was some talk of other Democrats getting in after King decided to retire in November. No other notable contenders have entered the Democratic primary, though, and it looks like the DCCC doesn't expect that to change.

The DCCC's counterparts at the NRCC have a similar program called Young Guns, but there are some key differences between them. When the DCCC adds a candidate to Red to Blue, it is declaring that this contender is the national party's choice in a key race. By contrast, the NRCC often will add multiple candidates running in the same race, as well as people running in safely red open seats.

Legislative

State Legislative Open Seat Watch: Just as we did in the 2018 cycle, Daily Kos Elections will be tracking open seat data for all state legislative chambers that will be holding regular elections in 2020. In seven states with closed filing deadlines, we've counted 70 Republican to 42 Democratic open seats. For individualized listings of each open seat, along with our calculations of their partisan data, check out this tab.

We'll also be keeping tabs on the number of uncontested seats in each chamber. So far, Republicans have failed to file candidates in 40% of Democratic-held districts, while Democrats have left 32% of Republican seats uncontested. However, these numbers are bound to change as more filing deadlines close across the country. (Note: West Virginia's filing deadline closed on January 25, but we are awaiting confirmation of the finalized candidate list from that state before updating our tracking.)

We'll be posting periodic updates on this project in the Daily Digest and on Twitter, but if you'd like to stay on top of every update as they happen, feel free to bookmark this Google Doc!