Morning Digest: Democratic landslide in Alabama is massive warning for GOP on IVF

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

 AL State House: Democrat Marilyn Lands defeated Republican Teddy Powell on Tuesday in a 62-37 landslide, easily prevailing in a nationally watched special election for a GOP-held seat in the Alabama House of Representatives.

Lands outperformed the 10th District's normal lean by wide margins: Donald Trump carried the district by a 49-48 spread in 2020, according to Dave's Redistricting App, while voters favored Republican David Cole over Lands 52-45 two years later.

While Republicans will still retain their supermajority in the chamber, both parties were paying close attention to see whether a recent ruling from the Alabama Supreme Court that threatened access to in vitro fertilization could be a winning issue in competitive areas like this suburban Huntsville constituency.

Lands focused intently on reproductive rights in her campaign to replace Cole, who resigned last summer after getting convicted on voter fraud charges. "It's shameful that today women have fewer freedoms than I did two decades ago," she said in one spot excoriating the state's near-total abortion ban. Lands, a mental health counselor, also argued the legislature didn't do enough to protect IVF when it passed a law earlier this month that shields clinics from liability.

Powell, a member of the City Council in Madison, adopted a very different strategy. He instead focused on issues like infrastructure and downplayed the importance of reproductive rights. "It's certainly an issue that needs to be dealt with," he told Politico, "but not our top issue. I don't think that this is the issue that wins or loses the race."

That calculus turned out to be wrong, and Lands just gave Democrats good reason to believe that Powell will be only the first of many Republicans to pay the price at the ballot box this year.

Senate

NJ-Sen: Candidate filing closed Monday for New Jersey's June 4 primaries, and the New Jersey Globe has a list of contenders. Not everyone who turned in paperwork will necessarily make the ballot, though, since anyone can challenge the validity of a candidate's petitions.

The GOP's Senate lineup shrunk just before the deadline when former TV reporter Alex Zdan announced he was dropping out. His departure leaves developer Curtis Bashaw, who picked up Zdan's endorsement the next day, and Mendham Borough Mayor Christine Serrano Glassner as the main Republican candidates campaigning in this solidly blue state.

Rep. Andy Kim, meanwhile, is the heavy favorite for the Democratic nomination after his top rival, former financial analyst Tammy Murphy, unexpectedly dropped out just ahead of the filing deadline.

TX-Sen: Marist College finds Republican Sen. Ted Cruz leading Democratic Rep. Colin Allred 51-45, with respondents favoring Donald Trump by a larger 55-44 spread. This is Marist's first look at this race, as well as the first poll we've seen here since Allred won the March 5 primary.

Governors

IN-Gov: Republican Sen. Mike Braun made news on Friday when he missed the vote to avert a government shutdown hours after he attended a fundraiser back in Indiana, prompting one of his intra-party rivals for governor to quickly release an ad taking him to task.

Wealthy businessman Eric Doden's spot focuses on a claim by Braun's chief of staff that the senator mistakenly believed the matter would be settled the next day and therefore "decided to spend the night at home and fly out Saturday morning."

"Senator Braun: Sleeping on the job?" reads the on-screen text at the conclusion of the almost wordless commercial. Politico's Adam Wren reminds us that Braun labeled Democratic Sen. Joe Donnelly "Sleepin' Joe" during his successful 2018 campaign.

House

FL-27: EMILYs List has endorsed Miami-Dade County School Board member Lucia Baez-Geller's campaign to take on GOP Rep. María Elvira Salazar. Baez-Geller faces former Key Biscayne Mayor Mike Davey in the Aug. 20 Democratic primary for this Miami-area seat.

TX-22: The House Ethics Committee announced Tuesday that it's investigating Republican Rep. Troy Nehls, but it did not provide any details about why. Nehls subsequently described the probe as an "inquiry into my campaign's finances," though he didn't offer further information about the allegations. The Ethics Committee has pledged to "announce its course of action in this matter" by May 10.

Nehls won renomination without opposition this month in Texas' 22nd District, a suburban Houston constituency that backed Donald Trump 57-41 in 2020.

Attorneys General

TX-AG: Federal prosecutors announced a deal with Texas Attorney General Ken Paxton on Tuesday under which they agreed to drop his nearly nine-year-old indictment for securities fraud as long as he pays $271,000 in restitution over the next 18 months. The agreement also requires the far-right Republican to perform 100 hours of community service, but he'll face no jail time.

The Texas Tribune, however, notes that Paxton's legal woes are not all resolved. Federal authorities reportedly are continuing to investigate whether the attorney general used his post to benefit a wealthy ally. The state House impeached Paxton last May over these allegations, only for the Senate to subsequently acquit him.

Four of Paxton's former top aides are also still suing him for allegedly retaliating against them for helping in the federal investigation. The Texas State Bar additionally brought a lawsuit for professional misconduct lawsuit against him in 2022 over his efforts to overturn the results of the last presidential election, though the case remains unresolved.

Paxton has spent the last several months working to punish the Republicans who crossed him last year. The attorney general backed a slate of legislative candidates in the March 5 primaries, several of whom ousted his enemies.

Other GOP incumbents, including state House Speaker Dade Phelan, were forced into runoffs, which will take place on May 28. Donald Trump in January joined Paxton in supporting David Covey's bid to unseat Phelan, with Trump citing the speaker's support for what he characteristically dismissed as "the Fraudulent Impeachment."

Paxton, however, has hinted that he could personally challenge an even more prominent intra-party critic next cycle rather than seek a fourth term. In September, he celebrated his acquittal by the state Senate by telling Fox he wasn't ruling out a primary bid against Sen. John Cornyn in 2026.

Paxton intensified Senate chatter last month when he responded to the news that Cornyn would seek to replace Mitch McConnell as the chamber's top Republican by tweeting, "It will be difficult for @JohnCornyn to be an effective leader since he is anti-Trump, anti-gun, and will be focused on his highly competitive primary campaign in 2026." Cornyn fired back by snarking, "Hard to run from prison, Ken," a response that lost much of its bite on Tuesday.

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Morning Digest: With big primary win, Colin Allred kicks off race to unseat Ted Cruz

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

TX-Sen: In one of Super Tuesday's biggest races, Rep. Colin Allred secured the Democratic nomination to take on Republican Sen. Ted Cruz, who holds one of just two Senate seats that Democrats have a realistic shot at flipping this cycle. The news is especially welcome for Democrats because it means Allred can start campaigning against Cruz immediately, since he avoided a May 28 runoff by easily securing a majority of the vote with his 59-17 victory over state Sen. Roland Gutierrez.

No Democrat has won statewide in Texas since 1994, but the congressman, who has already proven himself a formidable fundraiser, could finally achieve the breakthrough Lone Star State Democrats have long dreamed of. Allred, who first won office in 2018 by flipping a longtime GOP stronghold in the Dallas area, would also be the state's first Black senator.

Allred's win was far from the only notable result, though, on a Super Tuesday that more than lived up to its name—at least downballot. Below is a state-by-state summary of where things stood as of 8 AM ET in all of the major contests. You can also check out our cheat-sheet that summarizes the outcomes in every key race.

Election results

 Alabama: A runoff will be held on April 16 in contests where no candidate earned a majority of the vote.

 AL-01 (R): Rep. Barry Moore defeated colleague Jerry Carl 51-49, an outcome that makes Carl the first member of Congress to lose renomination in 2024. This race, which is likely to be the only incumbent vs. incumbent primary in the entire cycle, took place because Moore decided to run here after the state's new court-drawn map turned his 2nd District into a Democratic-leaning constituency. This revamped seat in southern Alabama would have favored Donald Trump 75-24 in 2020.

Moore's win was an upset, as Carl represented considerably more of this territory and enjoyed a large fundraising advantage throughout the race. Both incumbents are ardent conservatives who voted against recognizing Joe Biden's 2020 win, though they still represented different factions of the party: Moore is a member of the nihilistic House Freedom Caucus, while Carl is closer to the party leadership.

 AL-02 (D & R): Former Justice Department official Shomari Figures and state House Minority Leader Anthony Daniels will compete in the Democratic runoff for a redrawn seat that now takes in Mobile, Montgomery, and the eastern Black Belt. Figures, who benefited from heavy spending from a super PAC with ties to the cryptocurrency industry, took first with 43%, while Daniels outpaced ​​state Reps. Napoleon Bracy 22-16 for second.

Republicans also have a runoff between former state Sen. Dick Brewbaker, who took 40%, and attorney Caroleene Dobson, who beat out state Sen. Greg Albritton 26-25. The GOP nominee, though, will have a difficult time in the general election for what's now a plurality Black district that would have backed Joe Biden 56-43.

 Arkansas: A runoff will be held on April 2 in contests where no candidate earned a majority of the vote.

 AR-03 (R): Rep. Steve Womack held off a far-right challenge from state Sen. Clint Penzo 54-46 in this dark red northwest Arkansas seat. Penzo's ideological allies did little to help the underfunded legislator overcome his huge cash deficit against Womack, a decision they may not regret following the relatively weak victory for the self-described "institution guy."

 California: All candidates running for Congress and for state office compete on one ballot rather than in separate party primaries; the two contenders with the most votes, regardless of party, advance to the Nov. 5 general election. Candidates cannot win outright in the primary by taking a majority of the vote, except in some officially nonpartisan elections.

Note, though, that it will be a while before all votes are tabulated. Because the state permanently adopted universal mail voting in 2021, vote-counting takes some time thanks to the security measures needed to verify the large number of mail ballots officials receive. 

 CA-Sen: Democratic Rep. Adam Schiff got the general election opponent he wants in this dark blue state, as Republican Steve Garvey defeated Democratic Rep. Katie Porter for the crucial second spot in November. The Associated Press estimates that only 47% of the vote is tabulated, so the candidates' margins will likely shift even though the AP has called both slots: Schiff currently leads with 33% as Garvey, who is a former Major League Baseball player, is outpacing Porter 32-14. Another 7% goes to the third Democratic House member on the ballot, Rep. Barbara Lee.

The lineup will be the same in the November special election to fill the final two months of the late Democratic Sen. Dianne Feinstein's term. Garvey this time leads with 35% as Schiff outpaces Porter 31-16 for second.

 CA-12: Only 23% of the estimated vote is in, but BART board member Lateefah Simon leads with 43% in the race to succeed her fellow Democrat, Senate candidate Barbara Lee. Another Democrat will almost certainly be on the November ballot for this dark blue Easy Bay seat, though it's less clear which one: Cal State professor Jennifer Tran holds a 17-15 edge over Alameda Vice Mayor Tony Daysog.

 CA-16: Two Democrats will likely be competing in the general election to replace retiring Democratic Rep. Anna Eshoo in Silicon Valley, though the AP has not called either spot yet with only 51% of the estimated vote in. Former San Jose Mayor Sam Liccardo leads with 22%, while Eshoo's choice, Santa Clara County Supervisor Joe Simitian, holds an 18-16 edge over Assemblyman Evan Low. Republican Peter Ohtaki is just behind with 14%.

 CA-20: Two Republicans, Assemblyman Vince Fong and Tulare County Sheriff Mike Boudreaux, lead with 52% of the estimated vote in, but the AP has not called either general election spot. Fong, who has the support of Trump and former Rep. Kevin McCarthy, is far out ahead with 39%, while Boudreaux is outpacing Democrat Marisa Wood 24-22.

Note that the first round of the special election for the remaining months of McCarthy's term will take place March 19. Trump carried this Central Valley seat 61-36.

 CA-22: Democrats are hoping they've avoided being locked out of the general election in this competitive Central Valley seat, though the AP also hasn't called either spot with only 30% of the estimated vote in. GOP incumbent David Valadao is in first with 34%, while 2022 Democratic nominee Rudy Salas leads self-funding Republican Chris Mathys 28-22. The final candidate on the ballot, Democratic state Sen. Melissa Hurtado, is taking 15%.

 CA-25: Democratic Rep. Raul Ruiz appears likely to face yet another little-known Republican rather than a local Democratic elected official in this 57-41 Biden seat, which is almost certainly an outcome he's happy with. 

Ian Weeks leads fellow Republican Ceci Truman 19-17 for second with 46% of the estimated vote in, but it likely doesn't matter which of them advances against Ruiz. Indio City Council member Oscar Ortiz, who launched an intra-party bid against Ruiz in December, is in a distant fourth place with 9%. The incumbent, for his part, is taking 49% in this constituency, which is based in eastern Riverside County and Imperial County.

 CA-26: Agoura Hills City Council member Chris Anstead's intra-party bid against Democratic Rep. Julia Brownley appears to be over, as he's taking a mere 4% of the vote with 52% of the estimated vote in. The incumbent leads with 51%, while Michael Koslow is leading fellow Republican Bruce Boyer 34-11. 

The AP has not yet called the second spot, though neither Republican has reported raising the type of money they'd need to put this Ventura County constituency into play.  Joe Biden carried this seat to the northwest of Los Angeles 59-39, while Brownley went on to win 55-45 during a tough 2022 cycle for California Democrats.

 CA-29: Assemblywoman Luz Rivas unsurprisingly looks well-situated to succeed her fellow Democrat and top ally, retiring Rep. Tony Cárdenas, though the AP hasn't called either general election spot with only 40% of the estimated vote in. Rivas leads with 48%, while Republican Benny Bernal is outpacing perennial Democratic candidate Angelica Duenas 31-21. This eastern San Fernando Valley seat is safely blue at 75-23 Biden.

 CA-30: The AP estimates that 60% of the vote is in, and Democratic Assemblywoman Laura Friedman is in front with 27% as Republican Alex Balekian leads Democratic state Sen. Anthony Portantino 21-14 for second; neither spot has been called as of Wednesday morning. This Los Angeles-based seat, which Democratic Rep. Adam Schiff is leaving behind to run for the Senate, favored Biden 72-26.

 CA-31: With just half of the estimated vote in, former Democratic Rep. Gil Cisneros is taking first place with 21%, while Daniel Martinez leads fellow Republican Pedro Casas 21-19 for second. A pair of Democratic state senators are further behind: Susan Rubio is taking 15%, while another 11% goes to Bob Archuleta, who has the endorsement of retiring Democratic Rep. Grace Napolitano. Biden took this seat in the eastern San Gabriel Valley 64-33.

 CA-34: It looks like there could be a third all-Democratic general election between Rep. Jimmy Gomez and former prosecutor David Kim in this dark blue Los Angeles seat, though the AP hasn't called either spot with only 41% of the estimated vote in. Gomez leads with 51% as Kim is outpacing Republican Calvin Lee 24-18. 

 CA-40: Retired Orange County Fire Capt. Joe Kerr appears poised to take on GOP Rep. Young Kim in this 50-48 Biden seat in eastern Orange County, though the AP has not made a call with 60% of the estimated vote in. Kerr leads his fellow Democrat, Tustin Unified School District Board of Education president Allyson Muñiz Damikolas, 26-16, while Kim is at 58%. 

 CA-45: There's a close contest to determine which Democrat will go up against Republican Rep. Michelle Steel in a western Orange County constituency that Biden carried 52-46. Attorney Derek Tran is edging out Garden Grove City Councilwoman Kim Nguyen-Penaloza 16-14 with 47% of the estimated vote in, while Steel is in front with 57%.

 CA-47: Former Orange County GOP chair Scott Baugh and Democratic state Sen. Dave Min are the leaders in the top-two primary to replace Democratic Senate candidate Katie Porter, but the AP has not made any calls with 60% of the estimated vote in. Baugh is in front with 33%, while Min leads fellow Democrat Joanna Weiss 25-19. Biden took this seat based in coastal Orange County and Irvine 54-43, while Porter fended off Baugh 52-48 two years later.

 CA-49: Businessman Matt Gunderson holds a 26-11 lead over his fellow Republican self-funder, media executive Margarita Wilkinson, but we're still awaiting a call with 59% of the estimated vote in. The winner will be the underdog against Democratic incumbent Mike Levin, who is sitting at 51%, in a coastal San Diego County seat that Biden carried 55-43.

 North Carolina: A runoff will be held on May 14 in contests where no candidate earned at least 30% of the vote, though the second-place finisher must formally request a runoff for one to occur.

 NC-Gov (R & D): Republican Lt. Gov. Mark Robinson and Democratic Attorney General Josh Stein will face off in a long-anticipated showdown to replace termed-out Democratic Gov. Roy Cooper. 

The far-right Robinson won his primary 65-19 against state Treasurer Dale Folwell, with wealthy businessman Bill Graham securing the balance. Graham declared on election night, "Mark Robinson is an unelectable candidate in the general election in North Carolina, and he puts a conservative future at risk for everyone, from the courthouse to the White House." Stein, for his part, defeated former state Supreme Court Justice Mike Morgan 70-14.

 NC-01 (R): National Republicans got the nominee they want against Democratic Rep. Don Davis, as Army veteran Laurie Buckhout beat scandal-ridden two-time nominee Sandy Smith 53-47. Republican mapmakers transformed this seat in the inland, northeastern corner of the state from a constituency Biden carried 53-46 into one he barely won 50-49.

 NC-06 (R): Lobbyist Addison McDowell will face former Rep. Mark Walker in the runoff to replace Rep. Kathy Manning, who is one of three Democratic House members who is not seeking reelection in a seat that Republicans made all but unwinnable for her party. The Trump-endorsed McDowell took 26%, while Walker beat out 2022 nominee Christian Castelli 24-21 for the second spot in this seat in the central Piedmont region.

 NC-08 (R): Pastor Mark Walker appears to have won the GOP nomination outright over half a decade after his campaign was responsible for one the most ignominious election-fraud scandals in recent memory, though the AP has not yet made a call with 97% of the estimated vote in. Walker is sitting at 30.4%, while former Union County Commissioner Allan Baucom is at 27%. The GOP nominee will be favored to replace attorney general nominee Dan Bishop in this 58-41 Trump seat based in the eastern Charlotte suburbs and rural areas further east.

 NC-10 (R): Firearms manufacturer Pat Harrigan has narrowly secured the nomination to replace his fellow Republican, retiring Rep. Patrick McHenry, in this 57-41 Trump seat centered in Winston-Salem and the western Piedmont region. Harrigan, who was the 2022 nominee against Democrat Jeff Jackson in the old 14th District, beat out state Rep. Grey Mills 41-39 following an expensive contest

 NC-13 (R): Attorney Kelly Daughtry has taken one of the two runoff spots in the race to succeed Democratic Rep. Wiley Nickel, who is leaving Congress because Republicans gerrymandered his Raleigh-area seat, but the AP hasn't called the other slot. Daughtry is at 27%, while former federal prosecutor Brad Knott leads businessman Fred Von Canon 19-17 with 85% of the estimated vote in.

 NC-AG (D): Democratic Rep. Jeff Jackson beat Durham County District Attorney Satana Deberry 55-33 despite an expensive attempt by the Republican Attorneys General Association to meddle in the primary. Jackson will go up against far-right Rep. Dan Bishop, an election denier who had no opposition in the GOP primary. 

Texas: A runoff will be held on May 28 in contests where no candidate earned a majority of the vote.

TX-02 (R): Rep. Dan Crenshaw outpaced underfunded primary foe Jameson Ellis only 59-41 just two years after beating him 74-17. Crenshaw has little to worry about in the general election for a suburban Houston seat that Trump took 61-38, but his diminished showing could inspire a stronger intra-party foe next cycle.

TX-07 (D): Rep. Lizzie Fletcher scored a 73-27 victory against Pervez Agwan, a renewable energy developer whose campaign was overshadowed by sexual misconduct allegations leveled by former staffers, in this safely blue Houston seat.

TX-12 (R): State Rep. Craig Goldman and businessman John O'Shea will compete in the runoff to replace their fellow Republican, retiring Rep. Kay Granger, in this conservative constituency in the Fort Worth area. Goldman, who has the backing of Gov. Greg Abbott, took 44%, while O'Shea led a little-known opponent 26-15. O'Shea has the support of Attorney General Ken Paxton, whom Goldman voted to impeach last year.

TX-18 (D): Longtime Rep. Sheila Jackson Lee turned back a well-funded challenge from former Houston City Councilwoman Amanda Edwards 60-37 in this reliably blue seat. Jackson Lee appeared vulnerable after badly losing December's runoff for mayor of Houston to fellow Democrat John Whitmire, but Edwards largely avoided attacking the incumbent.

TX-23 (R): Rep. Tony Gonzales has been forced into a runoff against a far-right opponent, gunmaker Brandon Herrera. Gonzales secured 45% of the vote a year after he was censured by the state party, while Herrera outpaced former Medina County GOP Chair Julie Clark 25-14. The winner will be favored in a sprawling West Texas seat that favored Trump 53-46.

TX-26 (R): Far-right media figure Brandon Gill secured the nomination to replace retiring GOP Rep. Michael Burgess in this conservative seat in the northern Fort Worth suburbs and exurbs. The Trump-backed Gill, who is the son-in-law of MAGA toady Dinesh D'Souza, took 58% despite an expensive campaign to stop him. The now-meaningless runner-up title goes to Scott Armey, a former Denton County judge who lost the 2002 runoff to Burgess and grabbed just 15% this time.

TX-32 (D): State Rep. Julie Johnson is currently sitting on 50.1% in the primary to replace Senate candidate Colin Allred, but the AP has not made a call with 98% of the estimated vote in. Trauma surgeon Brian Williams, who would be her runoff opponent should she fail to take a majority, is a distant second with 19%. 

TX-34 (R): Former Rep. Mayra Flores easily beat unheralded opponent Laura Cisneros 81-9 ahead of her long-anticipated rematch against Democratic incumbent Vicente Gonzalez. Gonzalez appears to have meddled in the primary by sending out mailers boosting Greg Kunkle, but Kunkle clocked in at just 4%. Gonzalez beat Flores 53-44 in 2022 in a campaign that took place two years after Biden carried this seat in the eastern Rio Grande Valley 57-42. 

Senate

AZ-Sen: Sen. Kyrsten Sinema finally confirmed Tuesday that she will not seek reelection in Arizona this year. Sinema's departure almost certainly guarantees that the November general election will be a two-way race between each party's respective frontrunner, Democratic Rep. Ruben Gallego and Republican conspiracy theorist Kari Lake. Senate Majority Leader Chuck Schumer, who had not taken sides while Sinema was still publicly deliberating, quickly endorsed Gallego, as did the DSCC.

Pollsters disagreed as to which major party Sinema—who during her career has been a member of the Green Party, a Democrat, and an independent—would have hurt more had she sought a second term. However, essentially every survey showed Sinema in a distant third place and with little hope of securing the plurality she would have needed to win.

P.S. Sinema is now the second straight occupant of this seat to quit after just one term, following Republican Jeff Flake's departure ahead of the 2018 elections.

FL-Sen: Former Democratic Rep. Debbie Mucarsel-Powell's allies at EMILYs List have released an internal poll from Public Policy Polling that shows her trailing Republican Sen. Rick Scott by a narrow 44-41 margin. This survey, which is the first we've seen here all year, did not include presidential numbers. The pollster's memo also did not mention self-funding businessman Stanley Campbell, who is taking on Mucarsel-Powell in the August primary.

OH-Sen: SurveyUSA's new poll of the March 19 GOP primary for the Center for Election Science finds wealthy businessman Bernie Moreno edging out state Sen. Matt Dolan 29-27, with Secretary of State Frank LaRose at 21% and another 23% undecided. The numbers are considerably different from a recent Moreno internal from Fabrizio Lee that showed him with a wide 31-21 advantage over LaRose, while Dolan was in third place with 19%.

The results are also a sharp contrast with data that CES, which promotes approval voting, previously released in December. That earlier poll (also conducted by SurveyUSA) found LaRose beating Dolan 33-18 as Moreno grabbed just 12%. However, Donald Trump endorsed Moreno almost immediately after that poll was publicized, which helps account for the dramatic shift in the race to take on Democratic Sen. Sherrod Brown.

It's not clear what interest CES has in this race, though, especially since SurveyUSA doesn't appear to have asked respondents about approval voting or any other alternative voting method.

WI-Sen: WinSenate, which is affiliated with the Democratic-aligned Senate Majority PAC, has deployed at least $2 million for a March 5-25 ad buy targeting wealthy businessman Eric Hovde, who last month became the first notable Republican to enter the race against Democratic Sen. Tammy Baldwin.

WinSenate's spot attacks Hovde over his weak ties to the state he's seeking to represent. The ad notes that he is the "CEO of a billion-dollar bank" and owns a $7 million hillside mansion overlooking Laguna Beach in Orange County, California, where a local outlet named him one of the county's "most influential" residents for three years running.

Hovde launched a $700,000 ad buy of his own the very same day that WinSenate's campaign began, and his new spot unsurprisingly tries to establish his Wisconsin bona fides. The minute-long commercial features his wife, Sharon Hovde, speaking to the camera as she notes that her husband grew up in Wisconsin and became a successful businessman.

Last year while he was still considering a campaign, Hovde wouldn't give a straight answer when the Milwaukee Journal Sentinel's Daniel Bice asked him how much time he spends in the state. However, after joining the race last month, Hovde recently claimed to conservative radio host Jay Weber that he spends roughly nine months each year living in Wisconsin.

House

GA-13: Atlanta City Councilmember Keisha Waites, who last year declined to rule out a primary challenge to Democratic Rep. David Scott, has instead announced that she's resigning her current post and will run for Fulton County Superior Court clerk. Scott currently faces one notable opponent, Army veteran Marcus Flowers, though anyone else interested in running this year only has until Friday's candidate filing deadline to decide.

LA-06: Republican Rep. Garret Graves says he'll seek reelection in his current district, explaining that he believes Louisiana's new congressional map will get struck down by the courts, according to WBRZ.

That map was enacted by the state after a federal court ordered the creation of a second district where Black voters could elect their preferred candidates. To comply, lawmakers redrew Graves' 6th District, transforming it from a 65% white seat that Donald Trump would have won by a 64-34 margin to one with a 54% Black majority that Joe Biden would have carried 59-39.

Under those new lines, Graves would have virtually no chance of winning another term, but a group of voters recently filed a separate lawsuit challenging the new map as an unlawful racial gerrymander. If they're successful, Louisiana could be sent back to the drawing board, which in turn could restore Graves to a district he'd be able to win.

MI-10: Former Macomb County Judge Carl Marlinga has released a late January internal poll from Public Policy Polling showing him with a wide lead in the Aug. 6 Democratic primary to take on the Republican who beat him in 2022, first-term Rep. John James. The survey finds Marlinga taking 30% of the vote while none of his opponents break 4%, though 55% are still undecided. That's very similar to polling Marlinga shared last August, when PPP likewise had him up 31-5 on his nearest rival.

ND-AL: Wade Webb, a judge on the Cass County District Court, has opted against joining the June GOP primary for North Dakota's lone House seat. However, several other notable Republicans are running for this seat, which is open because GOP Rep. Kelly Armstrong is seeking the governorship, and more could get in. The state's filing deadline is April 8.

NJ-09: Prospect Park Mayor Mohamed Khairullah, who is reportedly planning to launch a challenge to Rep. Bill Pascrell in this year's Democratic primary this week, has confirmed to Politico's Daniel Han that he will run. However, said Han, Khairullah "declined to discuss it further, saying he was waiting until his official announcement."

PA-12: Facing challenges to her ballot petitions, nonprofit head Laurie McDonald abandoned her campaign against first-term Rep. Summer Lee in the April 23 Democratic primary on Monday and said she would instead seek the Republican nod as a write-in. That effort is likely just as doomed, though, since manufacturing executive James Hayes is already on the GOP primary ballot.

Lee, meanwhile, must still contend with a challenge from businesswoman Bhavini Patel for the Democratic nod. Joe Biden carried the Pittsburgh-based 12th District 59-40, so whoever emerges as the Democratic nominee should be favored in November.

Mayors & County Leaders

Baltimore, MD Mayor: Former Baltimore Mayor Sheila Dixon has publicized an internal poll from Garin-Hart-Yang that gives her a small 40-37 advantage over incumbent Brandon Scott in the May 14 Democratic primary. This survey, which is the first we've seen here all year, also finds former federal prosecutor Thiru Vignarajah and wealthy businessman Bob Wallace at 10% and 6%, respectively, with 8% undecided. It only takes a simple plurality to secure the Democratic nomination to lead this loyally blue city.

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Correction: The results for the Texas Senate Democratic primary inadvertently left out Colin Allred’s margin of victory; he won 59-17.

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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: Why this Nebraska district will host an even bigger barn-burner in ’24

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

NE-02: Democratic state Sen. Tony Vargas announced Wednesday that he'd seek a rematch against Rep. Don Bacon, the Republican who beat him 51-49 in last year's expensive campaign for Nebraska's 2nd District. Vargas, who is the son of immigrants from Peru, would be the first Latino to represent the Cornhusker State in Congress. He currently faces no serious intra-party opposition as he seeks to avenge his 2022 defeat, and unnamed Democratic sources also the Nebraska Examiner they don't expect that to change.

This constituency, which includes Omaha and several of its suburbs, favored Joe Biden 52-46, but the four-term Republican has been tough to dislodge. Vargas and his allies ran ads last year emphasizing Bacon's supports for a bill banning abortion nationally after 15 weeks, something the congressman tried to pass off as a moderate option. The GOP, meanwhile, hit back with commercials accusing Vargas of voting "to release violent prisoners." Vargas, who favored bipartisan legislation that would have made prisoners eligible for parole after two years instead of halfway through their term, responded by stressing his support for law enforcement, but it wasn't enough.

Bacon's profile has risen nationally since that tight win, and he's emerged as one of Speaker Kevin McCarthy's most outspoken allies. The Nebraskan made news during the speakership vote when he suggested that members of both parties could unite behind one candidate as a "last resort," arguing that such an outcome would be the fault of "six or seven" far-right Republicans. Bacon has continued to denounce his colleagues in the Freedom Caucus, but while he continues to muse, "I'm of the position that at some point we gotta just do coalition government with the Democrats and cut these guys out," he's yet to take any obvious action to actually make that happen.

A few other things will be different for the 2024 cycle. Vargas' Republican colleagues in the officially nonpartisan legislature passed a bill in May banning abortion after 12 weeks. Vargas, who opposed the measure, used his kickoff to emphasize how he'd "work to protect abortion rights" in Congress. But rather than try to downplay the issue, as many other Republicans have, Bacon has responded by claiming that Vargas "wants zero restrictions" on the procedure. (Vargas argued last year that "elected officials like me should be playing absolutely no role" over women's health decisions.)

The presidential election could also complicate things, especially since Nebraska, along with Maine, is one of just two states that awards an electoral vote to the winner of each congressional district. Bacon ran well ahead of the top of the ticket in 2020 and prevailed 51-46 even as Donald Trump was losing the 2nd 52-46 (the presidential numbers were the same under both the old and new congressional maps thanks to GOP gerrymandering), but Democrats are hoping that he'll have a much tougher time winning over ticket-splitters next year.

2Q Fundraising

The second fundraising quarter of the year, covering the period of Apr. 1 through June 30, has come to an end, and federal candidates will have to file campaign finance reports with the FEC by July 15. But as per usual, campaigns with hauls they're eager to tout are leaking numbers early, which we've gathered below.

  • CA-Sen: Adam Schiff (D): $8.1 million raised
  • MD-Sen: Angela Alsobrooks (D): $1.6 million raised (in seven weeks), $1.25 million cash on hand
  • MO-Sen: Lucas Kunce (D): $1.2 million raised
  • PA-Sen: Bob Casey (D-inc): $4 million raised
  • TX-Sen: Colin Allred (D): $6.2 million raised (in two months)
  • WI-Sen: Tammy Baldwin (D-inc): $3.2 million raised
  • CA-47: Scott Baugh (R): $545,000 raised, $1 million cash on hand
  • NY-22: Sarah Klee Hood (D): $319,000 raised (in 10 weeks), $221,000 cash on hand
  • RI-01: Don Carlson (D): $312,000 raised, additional $600,000 self-funded, $750,000 cash on hand
  • TX-32: Julie Johnson (D): $410,000 raised (in 11 days), Brian Williams (D): $360,000 raised (in six weeks)

Ballot Measures

OH Redistricting: The U.S. Supreme Court vacated last year's ruling by the Ohio Supreme Court that struck down the state's congressional map in a brief order issued just before the holiday weekend, directing the Ohio court to reconsider the case in light of the federal Supreme Court's recent decision in a related redistricting case out of North Carolina.

In the North Carolina case, known as Moore v. Harper, the Supreme Court rejected a radical argument by Republican legislators that would have allowed them to gerrymander without limits. Republicans claimed that the U.S. Constitution forbids state courts from placing any curbs on state lawmakers with regard to laws that concern federal elections, including the creation of new congressional maps. The supreme courts in both states had struck down GOP maps as illegal partisan gerrymanders, and in both cases, Republicans responded by asking the U.S. Supreme Court to overturn those rulings.

The Supreme Court declined to do so in Moore, but a majority of justices in the North Carolina matter did embrace a more limited version of the GOP's argument, saying that "state courts may not transgress the ordinary bounds of judicial review" when assessing state laws that affect federal elections. The U.S. Supreme Court now is asking the Ohio Supreme Court to determine whether it did in fact transgress these bounds in its prior ruling.

The written opinion in Moore, however, declined to provide any guidance whatsoever as to what those bounds might be, or what transgressing them might look like. The Ohio Supreme Court, therefore, faces the awkward task of deciding whether to tattle on itself without really knowing what it might have done wrong. Still, it's hard to see how the court might have run afoul of this standard, even if interpreted loosely. But whatever it decides, the outcome likely won't make any difference.

That's because partisan Republicans took firm control of the state Supreme Court in November after moderate Republican Maureen O'Connor, who had sided with the court's three Democrats to block GOP gerrymanders, retired due to age limits. The new hardline majority would likely have overturned the court's previous rulings rejecting Republican maps regardless of the U.S. Supreme Court's new order. As a consequence, Ohio will likely be able to use the same tilted map next year, or possibly even a more egregiously slanted one, since Republicans recently said they might pass a new map this fall.

Senate

IN-Sen: Egg farmer John Rust, who is reportedly wealthy and could self-fund a bid for office, has filed paperwork to run in next year's GOP primary for Indiana's open Senate seat. Rust, however, has not yet commented publicly, so it's not clear what kind of opening he might see for himself, given that Republican leaders have almost universally rallied behind Rep. Jim Banks' campaign to succeed Sen. Mike Braun.

MI-Sen: Former Republican Rep. Mike Rogers, who previously said "never say never" in regard to a possible bid for Michigan's open Senate seat, is now "seriously weighing" a campaign, according to two unnamed sources cited by Politico's Burgess Everett. A consultant for Rogers, who's been weighing a hopeless campaign for president, also declined to rule out the possibility in a statement.

Meanwhile, Time's Mini Racker reports that John Tuttle, an executive with the New York Stock Exchange, "is likely to enter" the GOP primary, per an anonymous source, and could do so by the middle of this month. In May, NRSC chair Steve Daines praised Tuttle as "a strong potential recruit." Racker's source also says that former Rep. Peter Meijer is "seriously looking" at a campaign but "may wait months" to decide; earlier this year, Meijer would only say "no comment" when the New York Times asked about his interest.

The only noteworthy Republican in the race so far is state Board of Education member Nikki Snyder, though her presence hasn't deterred anyone else. Democrats, by contrast, have largely coalesced around Rep. Elissa Slotkin, though she faces a few opponents, most notably state Board of Education President Pamela Pugh.

MT-Sen: Rep. Ryan Zinke took himself out of the running for the right to take on Democratic Sen. Jon Tester by endorsing former Navy SEAL Tim Sheehy for the GOP nomination instead. But while Sheehy is a favorite of D.C. Republicans, he's still likely to have company in the primary in the form of Montana's other congressman, the hard-right Matt Rosendale.

NV-Sen: The Nevada Independent's Gabby Birenbaum flags that Army veteran Sam Brown, who's reportedly a favorite of national Republicans, has a "special announcement" planned for Monday. So far, the only prominent Republican seeking to challenge first-term Democratic Sen. Jacky Rosen is notorious election conspiracy theorist Jim Marchant, who came very close to winning last year's race for secretary of state.

OH-Sen: East Carolina University's new poll gives Democratic Sen. Sherrod Brown small leads against a trio of Republican foes:

  • 45-44 vs. state Sen. Matt Dolan
  • 44-42 vs. Secretary of State Frank LaRose
  • 46-42 vs. businessman Bernie Moreno

LaRose hasn't announced yet, though he unsubtly tweeted a picture of an FEC statement of organization form dated July 15.

VA-Sen: Navy veteran Hung Cao, who was last year's GOP nominee against Democratic Rep. Jennifer Wexton, has filed FEC paperwork for what would be a longshot campaign against Democratic Sen. Tim Kaine.

Governors

WA-Gov: Former Rep. Dave Reichert on Friday filed paperwork for a potential campaign for governor, which is the furthest the Republican has ever come to running for statewide office despite flirting with the idea several times during his career. Reichert, a former swing district congressman who is arguably his party's most formidable candidate, has yet to publicly commit to entering the top-two primary.

WV-Gov: 2020 Democratic nominee Ben Salango said Wednesday he's decided not to run to succeed termed-out Gov. Jim Justice, the Republican who beat him 63-30. No serious Democrats have entered the race to lead what has become an inhospitable state for their party especially over the last decade, though Huntington Mayor Steve Williams responded to the news by reaffirming his interest to MetroNews.

"I said at the Juneteenth that I intend to run, but that it won't be official until I intend to file and that wouldn't be until sometime in July or August" said Williams, who runs West Virginia's second-largest state. The mayor didn't commit to anything, adding, "It's never official until it's official."

House

AZ-06: Businessman Jack O'Donnell has quietly ended his month-old campaign for the Democratic nomination, a move the Arizona Republic says he made "without comment." O'Donnell's departure leaves former state Sen. Kirsten Engel without any intra-party opposition as she seeks a rematch against freshman Republican Rep. Juan Ciscomani, who beat her 51-49 last cycle.

CO-08: Thornton Mayor Jan Kulmann, who took second in last year's GOP primary, says she won't try again this cycle.

FL-11: While far-right troll Laura Loomer declared early this year that she'd be seeking a GOP primary rematch against veteran Rep. Daniel Webster, whom she held to a shockingly close 51-44 last cycle, she now tells Florida Politics she's still making up her mind about another try. "Right now, my entire focus is the re-nomination and reelection of President Donald J. Trump, and exposing Ron DeSantis for the con man that he is," she said, continuing, "I am preserving all of my options regarding a potential candidacy for U.S. Congress in Florida's 11th district."

Loomer also predicted that if she ran she'd "pulverize" both Webster and former state Rep. Anthony Sabatini, who is the congressman's only notable declared intra-party foe in this conservative seat in the western Orlando suburbs. Sabatini, a hard-right extremist who lost last year's primary for the neighboring 7th District to now-Rep. Cory Mills, says he's raised $205,000 during the first three months in his campaign to replace Webster as the congressman for the gargantuan retirement community of The Villages.

IL-12: Darren Bailey, the far-right former state senator who was the GOP’s nominee for governor of Illinois last year, used a Fourth of July celebration at his family farm to announce that he’d challenge Rep. Mike Bost for renomination. Bost, who confirmed last month that he’d seek a sixth term in downstate Illinois' dark red 12th District, is himself an ardent Trumpist who voted to overturn Joe Biden’s win in the hours after the Jan. 6 attacks.

Bailey did not mention the incumbent in his kickoff or subsequent launch video, preferring instead to praise Trump and denounce “weak-kneed politicians who refuse to stand up and fight.” The also posted a picture on Facebook reading “Hands off my AR” on Tuesday—the first anniversary of the mass shooting in Highland Park. (The Chicago Tribune reminds us that last year, before the gunman was even caught, Bailey urged his followers to “move on and let’s celebrate — celebrate the independence of this nation.”)

The NRCC wasted no time making it clear that it was firmly in Bost's corner and previewed some of the material it might use. “Darren Bailey moved to a downtown Chicago penthouse to get blown out by JB Pritzker, now he’s back seeking another political promotion,” said in a statement. Bailey, who filed a 2019 bill to kick Chicago out of Illinois, sought to explain why he’d taken up residence in the Windy City last year. “You can’t deny there’s problems here," he argued. "And if we keep denying these problems, the problems are going to get worse.”

Just a day after 55-42 drubbing by Pritzker, the Tribune reported that Bost’s allies were worried the senator would turn around and take on the congressman—and they may have good reason to fret that he could put up a fight. According to an estimate from OurCampaigns, Bailey ran slightly ahead of Trump's 71-28 performance in the 12th District, carrying it 73-25 last year. Bost, though, also bested Trump's showing, winning his own race 75-25.

Trump has lent his support to both men in the past, so there's no telling whether he'll take sides this time. Just ahead of last year's primary, he endorsed Bailey—much to the delight of Democrats, who spent a fortune to help him win the nod in the ultimately correct belief he'd prove a weak opponent for Pritzker. Trump also headlined a rally for Bost in 2018, when the congressman was in the midst of a tough reelection battle. (Democrats later redrew the 12th District to make it much redder by packing in as many Republican voters as possible.)

MD-06: State House Minority Leader Jason Buckel tells Maryland Matters' Josh Kurtz that, while he's still considering a bid for the GOP nod, he's postponing his decision from late July to late August.

Former Del. Dan Cox, the election denier who cost the GOP any chance it had to hold Maryland's governorship last year, also says he remains undecided, but he adds that he had nothing to do with a "Dan Cox for U.S. Congress" FEC committee that was set up Monday. "I'd like to know who did this," Cox said of the committee, which ceased to exist the following day.

MI-07: Former state Sen. Curtis Hertel on Wednesday filed FEC paperwork for his long-anticipated campaign for this competitive open seat, a development that came days after the Democrat stepped down as Gov. Gretchen Whitmer's director of legislative affairs.

NJ-07, NJ-Sen: Roselle Park Mayor Joseph Signorello told the New Jersey Globe Monday that he's decided to end his longshot Democratic primary bid against Sen. Robert Menendez and instead challenge freshman GOP Rep. Tom Kean Jr. Signorello's entire 14,000-person community is located in Democratic Rep. Donald Payne's 10th District, but the mayor previously said he lives "five minutes away" from Kean's constituency.

The only other notable Democrat campaigning for the 7th is Working Families Party state director Sue Altman, who says she raised $200,000 during her first month in the primary. Former state Sen. Ray Lesniak has talked about getting in as well, while the Globe reported last week that former State Department official Jason Blazakis is also considering joining the race.

NY-17: Former Rep. Mondaire Jones announced on Wednesday that he'd seek the Democratic nomination to take on freshman Republican Rep. Mike Lawler in New York's 17th District, a lower Hudson Valley constituency that Joe Biden carried 54-44 in 2020. Jones, who unsuccessfully ran in New York City last year because of a strange set of redistricting-induced circumstances, used his intro video to emphasize his local roots in Rockland County and record securing funds for the area during his one term in D.C.

Before Jones can focus on reclaiming this seat, though, he has to get through what could be an expensive primary against local school board member Liz Gereghty, the sister of Michigan Gov. Gretchen Whitmer. Gereghty, who launched her campaign in mid-May, announced this week that she'd raised $400,000 though the end of last month. The field also includes former Bedford Town Supervisor MaryAnn Carr, but it remains to be seen if she'll have the resources to run a strong campaign.

In the 2020 election cycle, Jones sought what was, at the time, a safely blue seat held by Democratic Rep. Nita Lowey. Lowey, however, retired soon after Jones launched his campaign, and he won a competitive, multi-way battle for the Democratic nomination. Jones made history with his comfortable victory that fall by becoming the first openly gay black member of Congress, a distinction he shared with fellow New York Democrat Ritchie Torres. (It was only after she died in 1996 that news accounts identified legendary Texas Rep. Barbara Jordan as a lesbian; she never discussed her sexuality during her lifetime.)

Two years later, Jones seemed to be on track for another easy win, but everything changed after New York's highest court rejected state's new Democratic-drawn congressional map and substituted in its own lines. Fellow Rep. Sean Patrick Maloney, who represented a neighboring district and also chaired the DCCC, infuriated Jones and many local Democrats when he decided to seek reelection in the 17th District rather than defend the 18th, a slightly more competitive seat that included the bulk of his current constituents.

Jones decided to avoid a primary by campaigning for the open 10th District, an open seat based in Brooklyn and lower Manhattan that was far from his home turf, though he offered an explanation for his change of venue. "This is the birthplace of the LGBTQ+ rights movement," he tweeted, "Since long before the Stonewall Uprising, queer people of color have sought refuge within its borders."

But while Jones enjoyed the support of Speaker Nancy Pelosi, he had a tough time in a primary dominated by politicians with far stronger ties to New York City. Former federal prosecutor Dan Goldman, a self-funder who served as House Democrats' lead counsel during Donald Trump's first impeachment, massively outspent the rest of the field and secured the influential support of the New York Times. Goldman ultimately beat Assemblywoman Yuh-Line Niou in a 25-24 squeaker, while Jones finished third with 18%.

Maloney, for his part, acknowledged months before his own general election that "there are a lot of strong feelings" among Democrats who felt he'd sent Jones packing. "I think I could've handled it better," he admitted. He'd soon have more reasons for regret: One local progressive leader would recount to Slate that volunteers canvassing for Maloney would be asked, "Isn't he the guy that pushed Mondaire out of this district?" Maloney ended up losing to Lawler 50.3-49.7 at the same time that Republican Lee Zeldin was beating Democratic Gov. Kathy Hochul 52-48 in the 17th, according to Bloomberg's Greg Giroux. (Ironically, Democrat Pat Ryan held the 18th District that Maloney left behind.)

Jones soon made it clear that he was interested in returning to his home base to challenge Lawler, saying in December, "I've also learned my lesson, and that is home for me is in the Hudson Valley." (The Daily Beast reported in February that Jones hadn't ruled out waging a primary against Sen. Kirsten Gillibrand, but there was little indication he'd ever seriously considered the idea.)

The once and perhaps future congressman continues to express strong feelings about how the midterm elections went down. "I never imagined that I would wake up one day and would have to decide against primarying a member of the Democratic Party at a time when we were seeing an assault on our democracy," he told News12 Westchester on Wednesday. "To that extent, yeah, I do regret not being the Democratic nominee last cycle."

Gereghty's team, though, made it clear they'd use his campaign in New York City against him. "Liz Whitmer Gereghty has lived in the Hudson Valley for 20 years," her campaign said in a statement, "and the reason you'll never see her moving to Brooklyn to chase a congressional seat is because the only place and only people she wants to represent are right here in the Hudson Valley."

RI-01: Candidate filing closed Friday for the special election to succeed former Rep. David Cicilline, and 22 of his fellow Democrats are campaigning for this 64-35 Biden constituency. The notable candidates competing in the Sept. 5 Democratic primary appear to be (deep breath):

  • State Rep. Marvin Abney
  • former Biden administration official Gabe Amo
  • former state official Nick Autiello
  • Lincoln Town Councilor Pamela Azar
  • Navy veteran Walter Berbrick
  • State Sen. Sandra Cano
  • Businessman Don Carlson
  • State Rep. Stephen Casey
  • Providence City Councilman John Goncalves
  • Lt. Gov. Sabina Matos
  • Narragansett Aboriginal Nation tribal elder Bella Machado Noka
  • State Sen. Ana Quezada
  • former state Rep. Aaron Regunberg

The field isn't quite set, though, because candidates still need to turn in 500 valid signatures by July 14. The general election will be Nov. 7.

VA-02: Navy veteran Missy Cotter Smasal, reports Inside Elections' Jacob Rubashkin, is "moving toward" challenging freshman Republican Rep. Jen Kiggans in a competitive seat where Democrats are awaiting their first serious contender. Cotter Smasal previously lost an expensive race for the state Senate 52-48 against GOP state Sen. Bill DeSteph. (Donald Trump had carried that constituency 51-43 in 2016, though Joe Biden would take it 50-48 the year after Cotter Smasal's defeat.)

The current version of the 2nd Congressional District, which includes all of Virginia Beach and other Hampton Roads communities, also supported Biden 50-48. Kiggans last year went on to unseat Democratic Rep. Elaine Luria 52-48, and while Luria went on to form a PAC to help her party in this fall's state legislature contests, Rubashkin says she's "unlikely" to seek a rematch.

Ballot Measures

NY Ballot: New York could join the ranks of states whose constitutions protect the right to an abortion next year when voters decide whether to approve a far-reaching amendment placed on the ballot by lawmakers.

The amendment, which the legislature passed for the required second time in January, would outlaw discrimination based on a wide variety of factors, including race, ethnicity, national origin, age, disability, religion, and sex. Under "sex," the measure further adds several more categories, including sexual orientation and gender identity, as well as "pregnancy, pregnancy outcomes, and reproductive healthcare and autonomy."

It is that last grouping that proponents say will protect abortion rights, though the amendment doesn't actually reference the word "abortion" anywhere. State law expert Quinn Yeargain expressed concern about that omission in an essay earlier this year. While noting that the amendment "encompasses a number of really good ideas" that would put New York at the vanguard of prohibiting a number of types of discrimination, he opined that it "leaves a lot to be desired" if it's to be regarded as "an abortion-rights amendment."

Yeargain contrasted New York's approach with a much more explicit amendment that will appear on the Maryland ballot next year. That amendment guarantees "the fundamental right to reproductive freedom, including but not limited to the ability to make and effectuate decisions to prevent, continue, or end one's own pregnancy." Regarding the New York amendment, Yeargain concluded that if he lived in the state, "I'd enthusiastically vote for this measure next year—but I wouldn't do so with the assumption that it'll constitutionalize abortion rights."

OH Ballot: Activists seeking to enshrine abortion rights into the Ohio constitution submitted 710,000 signatures on Wednesday to place an amendment on the November ballot, far more than the 413,000 required by law. That figure gives organizers a sizable cushion should any petitions get thrown out after state officials review them, but a much more serious hurdle looms: Next month, voters will decide on a separate amendment approved by Republican lawmakers that would raise the threshold for passage for any future amendments from a simple majority to 60%.

Republicans have been explicit in explaining why they're pushing their measure. "This is 100% about keeping a radical, pro-abortion amendment out of our constitution," Secretary of State Frank LaRose said at an event in May, according to video obtained by News 5 Cleveland. "The left wants to jam it in there this coming November." A broad array of organizations are opposing the GOP amendment, which will go before voters in an Aug. 8 special election.

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

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

Subscribe to The Downballot, our weekly podcast

Leading Off

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

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

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

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

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

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

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

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

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

The Downballot

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

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

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

Senate

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

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

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

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

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

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

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

House

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

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

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

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

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

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

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

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

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

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

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

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

International

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

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

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

Morning Digest: Sen. Ben Cardin isn’t running next year, but these Maryland Democrats might

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

Subscribe to The Downballot, our weekly podcast

Leading Off

MD-Sen: Democratic Sen. Ben Cardin announced Monday that he would not seek a fourth term next year in Maryland, a decision that marks the beginning of the end for a political career that started in 1966 when he was still in law school. There's little question that Cardin's party will hold his seat in a state that favored Joe Biden 64-32 and where Republicans last won a Senate race in 1980, but there's already a great deal of interest among Old Line State Democrats in succeeding him.

Politico reported back in February that Prince George’s County Executive Angela Alsobrooks, who would be the first Black woman to represent Maryland in the upper chamber, was already hiring people for a campaign, and she said that same month she would consider running if Cardin didn’t. The chatter only intensified Monday after the incumbent revealed his plans: Politico says she’d “almost certain” to jump in, while Maryland Matters’ Josh Kurtz anticipates she’ll launch “before the end of the month.” Alsobrooks was elected in 2018 to lead her populous and very blue community in the D.C. suburbs, and observers have credited her support for now-Gov. Wes Moore as an important factor in his close primary victory last year.

Another contender that Politico writes is all but assured to compete is Rep. David Trone, the Total Wine & More co-founder whom Insider ranked as the 17th wealthiest member of Congress in 2021. The moderate congressman, says the story, already knows who would likely be his campaign manager, and while Trone declined to answer Monday when asked if he intends to seek a promotion, Kurtz adds that his launch could come as soon as this week. Trone self-funded what was a record $13 million in his failed 2016 primary bid for the 8th Congressional District before pumping in a total of $33 million during his subsequent three victorious campaigns for the 6th, and Time Magazine reports he’s told allies he intends to deploy as much as $50 million of his own money to succeed Cardin.

Another name to watch is Rep. Jamie Raskin, a progressive favorite who defeated Trone in that 2016 primary. Raskin, who recently finished a successful treatment for diffuse large B cell lymphoma, said through his aides he was considering a statewide campaign. Kurtz, though, believes it’s more likely the congressman will stay in the lower chamber. 

Montgomery County Councilmember Will Jawando, meanwhile, said two weeks ago he was thinking about a Senate bid, and Maryland Matters now writes he’s “preparing to run.” The councilmember, whose father immigrated to the U.S. from Nigeria, would be Maryland’s first Black senator. Jawando also competed in that 2016 primary for the 8th District and finished with just 5%, but he won his current countywide seat two years later; Kurtz predicts that, should Raskin go for Senate after all, Jawando would instead run for the 8th again.  

But wait, there’s more! Baltimore County Executive Johnny Olszewski’s team also says their boss is interested, and unlike the aforementioned four officeholders, his geographic base of support comes from the Baltimore suburbs rather than the D.C. area. (Baltimore County is a separate jurisdiction from the neighboring city of Baltimore.) The executive, though, has also been eyeing a campaign for the 2nd District should veteran Rep. Dutch Ruppersberger retire; a spokesperson for the 77-year-old congressman said Ruppersberger “has not made any decisions about the next term, nor does he have a timeline to do so.”

Kurtz additionally names Rep. John Sarbanes as another person who is “expected to consider,” though there’s no word from the congressman. Sarbanes is the son of Cardin’s predecessor, the late Paul Sarbanes, and he mulled a bid for the state’s other Senate seat in 2015 before opting to stay put. The congressman, though, doesn’t appear to have been getting ready for a campaign for his father’s old seat, though, as he raised just $10,000 during the first three months of 2023.

FiveThirtyEight’s Geoffrey Skelley also offers former DNC chair Tom Perez, who narrowly lost this primary to Moore last year, as a possibility, though Perez doesn’t appear to have said anything about a bid. There’s additionally talk that Sierra Club Executive Director Ben Jealous, who badly lost the 2018 race for governor to Republican incumbent Larry Hogan, could go for it, though a former Jealous aide tells Politico “he has made clear to them that his preference is for Jamie Raskin to run.”

The GOP wish list, by contrast, pretty much starts and ends with Hogan, who left office earlier this year, but he once again doesn’t sound at all likely to go for it. The party unsuccessfully recruited the outgoing governor to take on Democratic Sen. Chris Van Hollen last year, and a source told Politico that his response to their new charm offensive was to again say that “he has never been interested in the Senate.” On Monday, the head of Hogan’s political organization forwarded Maryland Matters that article when asked if the former governor was now thinking about making the race.

Whoever eventually wins will succeed a senator who, despite one tough race in 2006, never lost an election in a career that began when Lyndon Johnson was in the White House. Cardin grew up in a notable Baltimore political family that included his father, Meyer Cardin, who was elected to his sole four-year term state House in 1934 and later became a judge. An uncle, Maurice Cardin, enjoyed a 20-year career in the lower chamber, but he made it clear to his nephew that he wanted him as his successor when he retired.

That day came in 1966 when Ben Cardin was 23 and still a University of Maryland law student: Maurice Cardin himself recounted in 1982 that as the pair stood outside a polling place on Election Day voters went up to him rather than the soon-to-be-victorious candidate and said, "I voted for you again." The younger Cardin himself would say in 2006, "I worked hard in that [first] election, but I think it's fair to say that without the name, I wouldn't have won." But Cardin, with his uncle's encouragement, successfully sought a post on the powerful Ways and Means Committee and quickly became a respected member, and he went on to chair the body.

The delegate rose further in the state House by securing enough support to become speaker even before Election Day 1978, and the 35-year-old became the youngest person in state history up until that point to lead the chamber. Cardin, the Washington Post would write four years later, enjoyed "power [that] is almost absolute," and while there was talk he'd run as Gov. Harry Hughes running mate in 1982 to set himself up for a future bid for the top job, the speaker unsurprisingly opted to stay put. However, while Cardin said, "I would like to be governor some day," the paper noted that his name recognition was so low outside political circles that he'd had a tough time prevailing statewide.

While the speaker did eye a 1986 bid for governor, he instead ran that year to replace Rep. Barbara Mikulski when she left the safely Democratic 3rd District behind to wage a victorious Senate bid. Cardin easily claimed the nomination to replace her ahead of an overwhelming win, and he never had trouble holding his seat. The congressman, just like he did in the legislature, went on to become a member of the Ways & Means Committee and respected policy wonk, though essentially everyone agreed he was anything but a compelling orator. Cardin did spend much of 1997 mulling a primary campaign​ against Gov. Parris Glendening​, who suffered from low approval ratings, but the governor successfully maneuvered​ to keep him out​.  

Cardin finally got the chance to campaign statewide in the 2006 cycle when Maryland's other Democratic senator, Paul Sarbanes, retired, and what followed were the only seriously contested primary and general election campaigns he’d ever go through. His most prominent intra-party foe was former NAACP president Kweisi Mfume, a former congressman who would have been the state's first Black senator.

Cardin enjoyed a big financial advantage and considerably more support from powerful state Democrats, but Mfume's charisma and deep ties with the state's large African American population made him a formidable opponent. Cardin won by a tight 44-41 margin but immediately had to prepare for an expensive showdown with Lt. Gov. Michael Steele, who was Maryland’s first Black statewide elected official.

Democrats feared that, despite George W. Bush's horrible approval ratings, Steele could win enough African American support to pose a serious threat to Cardin. "The challenge of the opportunity is to build a bridge to communities the Democratic Party has taken for granted and has, by its choice of nominee," Steele declared on the campaign trail, while Mfume himself warned his party it wasn't doing enough to appeal to Black voters. This was another contest where Cardin, who joked in his own campaign ads, "Who says I'm not flashy?" faced a far more charismatic opponent, but he and his allies pushed back by tying Steele to Bush.

Cardin aired a spot late in the campaign where actor Michael J. Fox, who has Parkinson's disease, told the audience that Steele wanted to "put limits on the most promising stem cell research." The Republican responded with his own commercial featuring his sister, a pediatrician who has multiple sclerosis, pushing back and condemning Cardin, but it wasn't enough. The Democrat prevailed 54-44, though Steele's losing effort helped launch him to a high-profile and turbulent career helming the Republican National Committee from 2009 to 2011; Mfume, for his part, returned to the House in a 2020 special election.

Cardin had a far easier time in 2012 when he turned back a primary challenge from state Sen. C. Anthony Muse, who had made a name for himself as a prominent opponent of same-sex marriage, 74-16. The incumbent went on to win a low-profile general election 56-26 against Republican Dan Bongino, a former Secret Service agent who would almost win a House race two years later before reinventing himself as a Trumpian commentator.

The Cardin family suffered a political setback in the 2014 primary for attorney general when the senator's nephew, Del. Jon Cardin, took a distant second to eventual winner Brian Frosh, but Ben Cardin himself remained entrenched at home. In 2018 he won renomination in an 80-6 landslide over Chelsea Manning, the former Army soldier who was convicted of giving hundreds of thousands of classified military reports to the site Wikileaks, and he secured his final term with ease months later.

Election Night

Lincoln, NE Mayor: Republicans on Tuesday are hoping to oust Lincoln Mayor Leirion Gaylor Baird, who is one of the few prominent Democrats who holds elected office in Nebraska, and the Flatwater Free Press' Ryan Hoffman reports that one family is spending huge to do it.

The Peed family, which owns the Lincoln-based information processing giant Sandhills Global, and their company together donated $1.1 million through April 17 to former Republican state Sen. Suzanne Geist's campaign, which Hoffman says represents about two-thirds of all the money that the candidate has received, and another $535,000 to her allied PAC. The Peeds have not revealed why they're hoping to unseat Gaylor Baird in the officially nonpartisan race, though they've become prolific GOP donors since 2020. Gaylor Baird, for her part, is hoping to portray Geist as "beholden" to her contributors.

Senate

MI-Sen: John Tuttle, who serves as vice chair of the New York Stock Exchange, is the newest Republican name to surface as a possible contender in a race where the party doesn't currently have any viable options. Politico's Ally Mutnick writes that Tuttle, who "splits his time" between New York and Michigan, is mulling over the idea, and NRSC chair Steve Daines praised him as "a strong potential recruit."

NJ-Sen: The New Jersey Globe writes that no notable Republicans appear interested in taking on Democratic incumbent Robert Menendez even as he's under federal investigation for corruption, though the article mentioned state Sen. Mike Testa, Assemblywoman Aura Dunn, and Warren County Commissioner Lori Ciesla as possible just-in-case contenders.  

NY-Sen: A spokesperson for Rep. Alexandria Ocasio-Cortez played down talk that her boss could challenge Sen. Kirsten Gillibrand for renomination, telling Politico, "She is not planning to run for Senate in 2024. She is not planning to primary Gillibrand." That answer, as the story notes, isn't quite a no, but fellow Rep. Jamaal Bowman adds that he hasn't heard any discussion of AOC running "for months or weeks."

Politico adds that, while former Rep. Mondaire Jones mulled his own campaign against Gillibrand a while back, he's now decided not to go for it and is focusing on his likely bid to regain the 17th Congressional District from Republican incumbent Mike Lawler. Disgraced former Gov. Andrew Cuomo's camp, though, characteristically didn't comment when asked about his own interest in a Senate run, which at least keeps this bit of chatter alive.  

TX-Sen: Rep. Colin Allred, reports Politico, plans to announce "as soon as this week" that he'll challenge Republican Sen. Ted Cruz, a development that would give Democrats a prominent candidate in a tough state.

WI-Sen: An unnamed source tells The Dispatch that businessman Kevin Nicholson is "keeping a close eye on" getting into the GOP primary to face Democratic incumbent Tammy Baldwin, a contest where the party is waiting for its first viable contender to step up. Nicholson is a former College Democrats of America president who lost the 2018 primary to face Baldwin and dropped out of last year's nomination contest for governor.

WV-Sen: The far-right Club for Growth has launched its first TV ad against Gov. Jim Justice ahead of next year's GOP primary for $10,000, which is about how much money its endorsed candidate, Rep. Alex Mooney, devoted to his first anti-Justice broadside. This minute-long spot, which like Mooney's offering seemed to be aimed more at attracting media attention than getting seen on TV, excoriates the governor as a greedy coal billionaire who "got filthy rich by stiffing working people and small businesses out of millions, leaving a trail of tears and broken promises on his way to the Fortune 400 list."

Governors

NH-Gov: Manchester Mayor Joyce Craig on Monday formed an exploratory committee, a step no other Democrats have taken yet as they wait to see if GOP Gov. Chris Sununu will seek another term next year. Craig, who didn't say how she'd be affected by the incumbent's deliberations, kicked off her effort with support from former Gov. John Lynch, who left office in 2013 after completing his fourth two-year term.

Later in the day 2022 nominee Tom Sherman said he would not be running again, but another Democrat isn't dismissing chatter she could campaign for governor. Executive Councilor Cinde Warmington, who has reportedly been thinking about running, responded to Craig's announcement by saying, "There will be plenty of time for politics later."

WA-Gov: Washington Gov. Jay Inslee declared Monday that he wouldn't seek what would have been a historic fourth term as chief executive of the Evergreen State, a move that will set off a battle to succeed him next year. Under state election law all the candidates will run on one ballot rather than in separate party primaries, and the top two contenders, regardless of party, will advance to the general election. Republicans haven't won this office since the late John Spellman prevailed in 1980, though Inslee himself only narrowly prevailed the last time this post was open in 2012.

Two of Inslee's fellow Democrats, Attorney General Bob Ferguson and Public Lands Commissioner Hilary Franz, have long said they'd be interested in running whenever he retired, and the Seattle Times relays that each of them are "expected to quickly announce" their bids. King County Executive Dow Constantine, though, said in March he'd be staying put.

The GOP has a small bench in this longtime Democratic bastion, and it remains to be seen if the party will be able to mount a strong effort at a time when it has no statewide elected officials to turn to. The Dispatch reported in February that former Rep. Jaime Herrera Beutler was interested, though we haven't heard anything new since. Pierce County Executive Bruce Dammeier, however, took his name out of contention over a month ago.

Inslee's departure marks the conclusion of a career that that's seen both plenty of triumphs and some big setbacks. The Democrat first won office in 1988 when he pulled off a close victory for the state House, and he sought a promotion four years later by running for the open 4th Congressional District in the rural central part of the state.

Inslee managed to advance to the general election by edging out Democratic state Sen. Jim Jesernig 23-22 in the blanket primary, a precursor to the modern top-two primary, but he faced a tough fight in the fall against Republican colleague Doc Hastings. Inslee won 51-49 at the same time that, according to analyst Kiernan Park-Egan, George H.W. Bush was carrying the seat 43-35 over Bill Clinton (independent Ross Perot secured another 22%), but he had little time to rest up.

Hastings came back for a rematch in 1994 and emphasized the incumbent's support for the Clinton administration's assault weapons ban, a vote the Democrat would acknowledge hurt him at home. The GOP wave hit Washington hard and Hastings unseated Inslee 53-47 at the same time that Speaker Tom Foley was losing re-election to George Nethercutt in the neighboring 5th District, and both constituencies have remained in GOP hands ever since. Another victor that year was Republican Rick White, who denied then-Rep. Maria Cantwell a second term in the 1st District near Seattle.

But while that disastrous cycle ended plenty of Democratic careers (though not Cantwell’s), Inslee was determined that his would not be one of them. The ousted congressman, who soon moved to the Puget Sound community of Bainbridge Island, announced a 1996 campaign for governor and said of his recent defeat, "What it showed was when you vote your convictions over political expediency, on occasion it's not good for your career." Inslee, though, struggled to gain traction in a field that included the eventual winner, Democratic King County Executive Gary Locke, as well as Seattle Mayor Norm Rice, and he finished fifth in the blanket primary with just 10%.

Inslee then set his sights on a 1998 House comeback bid against White in a constituency that, per Park-Egan, had supported Clinton 51-37 two years before. Inslee, who had no intra-party opposition this time, was in for a difficult fight in a seat both parties identified as a major battleground, and White's 50-44 lead in the blanket primary seemed to foreshadow another uphill race for the Democrat.

The incumbent, though, wasn't as strong as he appeared to be. White had just gone through a high-profile divorce, and he feared that the third-party candidacy of social conservative Bruce Craswell would cost him some much-needed support. Inslee, meanwhile, ran ads blasting the Republicans for waging a long impeachment battle against Clinton, which proved to be a compelling argument that year. Inslee got back to the House by winning 49.8-44.1, with Craswell taking the balance.

Inslee's second stint in Washington, D.C., went far better for him than his first, and he never failed to win re-election by double digits. The Democrat, however, decided to give up his secure seat in 2012 for another campaign for governor even though retiring incumbent Christine Gregoire's weak approval ratings presented a big opening for the GOP. Republicans quickly consolidated around Attorney General Rob McKenna, who had scored a 59-41 victory in 2008 during an awful year for his party, while Inslee also had no serious intra-party opposition.

Most polls through July showed McKenna in the lead but Inslee, who resigned his seat to focus on his statewide bid, worked hard to tie his opponent to unpopular national Republicans. The Democrat, in one debate, responded to the attorney general's declaration that he didn't want Washington to be a place where a third of residents were on Medicare by saying, "Remember when Mitt Romney talked about the 47% that just weren't sort of part of our family in a sense? And now my opponent says that this one out of three somehow should not have insurance." McKenna worked to win over enough Obama voters to prevail, but he wasn't able to take quite enough: Inslee instead scored a 52-48 victory at a time when the president was carrying Washington 56-41.

The new governor got a big setback before he took office when two renegade Democrats in the state Senate, Tim Sheldon and Rodney Tom, put the GOP minority in charge of the chamber even though Democrats nominally held a 26-23 edge. Inslee himself appeared to be a tempting target for 2016 after several polls showed him with an unimpressive approval rating, but potentially strong GOP foes like McKenna and Rep. Dave Reichert sat the race out. The Republican who eventually stepped forward, Port of Seattle Commissioner Bill Bryant, struggled with fundraising, and the governor beat him 54-46 as Hillary Clinton was scoring a 53-37 victory here.

Inslee had a better second term, especially after a 2017 special election put his party in control of the state Senate at long last, and in 2019 he joined a crowded presidential field. The governor's would-be successors, though, found themselves waiting for months to see if he'd turn around and seek a third term at home, which is exactly what happened when Inslee ended his White House quest in the face of poor polling. Inslee went on to become the first three-term governor since Dan Evans secured re-election in 1972 after he scored an easy 57-43 victory over far-right foe Loren Culp, a former small-town police chief who refused to recognize his landslide loss.

House

NY-03: Former state Sen. Anna Kaplan filed FEC paperwork Monday for a potential Democratic primary bid for the seat still held by scandal-drenched incumbent George Santos.

Kaplan, a Jewish refugee from Iran who came to the United States as a child, was a North Hempstead town councilwoman when she took fourth place in the 2016 nomination fight for a previous version of this seat. She had far more success two years later when she decisively unseated Republican state Sen. Elaine Phillips, but Kaplan went on to lose her 2022 general election to former state Sen. Jack Martins 53-47. Martins himself didn't rule out a campaign of his own against Santos in January, though he didn't sound likely to go for it.

WA-03: Camas City Councilor Leslie Lewallen announced last week that she'd run as a Republican in next year's top-two primary to face freshman Democratic Rep. Marie Gluesenkamp Perez. Lewallen, whose city has a population of just over 27,000, argued, "We already have a plan to raise more than the $5 million it will take to win this seat." This southwestern Washington constituency favored Donald Trump 51-47.

Lewallen joins a field that already includes Joe Kent, the far-right Republican who announced in December that he'd run to avenge his 50.1-49.9 upset loss against Gluesenkamp Perez from the month before. The incumbent, though, massively outraised Kent $820,000 to $200,000 during the first quarter of 2023, and she finished March with a $660,000 to $210,000 cash-on-edge advantage.

Morning Digest: This race could give Texas Democrats their first statewide win in 26 years

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

TX Railroad Commission: As Lone Star Democrats seek their first statewide victory in more than a quarter century, their best hope may be Chrysta Castañeda, who's running for a spot on an agency many people haven't heard of: the Texas Railroad Commission.

Campaign Action

Despite the name, the commission doesn't actually oversee trains, but it does have jurisdiction over something even more important in Texas: the state's energy industry (oversight of the rails was handed to the state's Department of Transportation in 2005). The panel, often known as the "RRC," is made up of three members, each elected statewide for six-year terms.

The last time a Democrat won a seat on the board was in 1990, when former Rep. Bob Krueger beat a Republican opponent by 56-40 margin. Krueger wound up resigning to accept an appointment to the U.S. Senate when Lloyd Bentsen became Bill Clinton's Treasury secretary, and Republicans comfortably beat his appointed successor in 1994.

Ever since, the GOP has held all three seats, but Republicans were already preparing for a serious battle this year—which, ironically, might have made their situation even worse. Republican Ryan Sitton, who first won a slot on the RRC in 2014, had stockpiled $2 million in his war chest for the general election, but in March, he lost his primary in an absolute shocker to an unknown named Jim Wright, the owner of an oilfield waste disposal company who had raised less than $13,000.

The 55-45 loss was so inexplicable that some political observers wondered if Wright benefited from sharing a name with the one-time speaker of the House who hailed from Fort Worth, the late Democrat Jim Wright, who died in 2015. It's not such a crazy theory: Perennial candidate Gene Kelly won multiple Texas primaries in the previous decade because voters had him confused with the beloved dancer.

Whatever the explanation, though, Wright's victory has left Republicans with a suddenly open seat and a badly flawed candidate. The RRC—the very body that Wright wants to join—fined him $182,000 for improper storage of hazardous waste in 2017, and he's been sued by his former business partners for fraud stemming from the mess.

Castañeda, an oil and gas attorney, took aim at Wright for his record in her first ad of the race, which went up last month, but the main topic she's focusing on is the issue of "flaring." That refers to the practice of oil producers burning off unwanted natural gas from their wells rather than capturing it for later use, a process that is both environmentally harmful and economically wasteful.

It's also against the law—unless a driller is granted a special permit, of which 7,000 were handed out last year. As Castañeda notes, such permits can only be granted if all three members of the commission agree, meaning she could single-handedly put an end to flaring even if Republicans still hold a nominal 2-1 majority on the board next year.

With this backdrop, The New Republic recently called this race "this year’s most important election for American climate policy." It could also finally put an end to the longest statewide losing streak for Democrats anywhere in the nation, as Texas last voted Democratic for any statewide race in 1994.

3Q Fundraising

IA-Sen: Theresa Greenfield (D): $28.7 million raised

WV-Gov: Jim Justice (R-inc): $890,000 raised, $263,000 cash-on-hand; Ben Salango (D): $564,000 raised, $153,000 cash-on-hand

CA-25: Mike Garcia (R-inc): $3.2 million raised, $2 million cash-on-hand

CA-48: Michelle Steel (R): $1.8 million raised

MN-03: Kendall Qualls (R): $873,000 raised, $538,000 cash-on-hand

MN-08: Quinn Nystrom (D): $650,000 raised

NH-01: Chris Pappas (D-inc): $700,000 raised, $1.35 million cash-on-hand

NY-02: Andrew Garbarino (R): $771,000 raised

TX-10: Michael McCaul (R-inc): $870,000 raised, $1.1 million cash-on-hand

Senate

GA-Sen-A: A pro-Republican group called Georgia Action Fund says it is spending $5 million on digital ads supposedly aimed at swaying undecided voters in the race between Republican Sen. David Perdue and Democrat Jon Ossoff.

LA-Sen: Democrat Adrian Perkins narrates much of his first TV ad, which focuses on his biography, including his graduation from West Point and his service in Afghanistan and Iraq that resulted in an award of the Bronze Star. A voiceover notes that after he fought overseas, "Harvard Law and big job offers came." But, says Perkins, "I chose to come home. To serve my community. Now I'm taking our mission to Washington to get things done for you."

At the end, text appears on-screen noting that Perkins has been endorsed by Gov. John Bel Edwards and Barack Obama, an effort to consolidate Democratic voters to ensure Perkins makes a December runoff against Republican Sen. Bill Cassidy.

NC-Sen: Republican Sen. Thom Tillis' new ad, unsurprisingly, goes after Democrat Cal Cunningham over the intimate text messages he shared with a woman who is not his wife. The spot mostly features clips of newscasters discussing various angles to the story, and during the "I approve this message" segment—not a section we discuss often—Tillis is shown hand-in-hand with his wife. Tillis' allies at the Senate Leadership Fund also recently went up with a similar ad.

Meanwhile, Politico reports that the DSCC is adding $3 million to their existing TV ad reservations for the last two weeks of the race.

Polls: If you click each race tag below, such as "MT-Sen," you'll be taken to the Daily Kos Elections poll aggregator for that race, which displays a trendline for all available public polls and the current polling average.

  • MT-Sen: Data for Progress (D) for Crooked Media and Indivisible: Steve Bullock (D): 48, Steve Daines (R-inc): 46 (49-43 Trump)
  • NC-Sen: Data for Progress (D) for Crooked Media and Indivisible: Cal Cunningham (D): 50, Thom Tillis (R-inc): 39 (51-44 Biden) (Aug.: 49-41 Cunningham)
  • SC-Sen: GBAO (D) for the DSCC: Jaime Harrison (D): 48, Lindsey Graham: (R-inc): 47, Bill Bledsoe (C): 3 (49-44 Trump)
  • TX-Sen: Crosswind Media (R) and Pulse Opinion Research: John Cornyn (R-inc): 48, MJ Hegar (D): 39 (51-44 Trump)
  • TX-Sen: Data for Progress (D) for Crooked Media and Indivisible: Cornyn (R-inc): 45, Hegar (D): 42 (47-45 Biden) (Sept.: 40-38 Cornyn)

MT-Sen: While there hasn't been a ton of polling in Montana—and what we have seen has almost all been very tight—Data for Progress' survey is the first to show Steve Bullock with a lead since an early July poll from PPP that had Bullock ahead 46-44.

NC-Sen: A number of polls taken since Labor Day have shown Cal Cunningham up by double digits, but what's notable about about this Data for Progress poll is that it was in the field from Weds, Sept. 30 through Monday, Oct. 5. That means half of it was conducted after news about Cunningham's affair broke on Friday night, Oct. 2.

SC-Sen: The DSCC's poll included Constitution Party candidate Bill Bledsoe, who dropped out of the race and endorsed Lindsey Graham a few days after the survey concluded. However, Bledsoe's name will still appear on ballots.

Gubernatorial

NC-Gov: Dan Forest is just the latest Republican trying to scare voters with ads showing footage of unrest, even starting his latest spot by saying, "Seems like the only people you see in downtown Asheville these days are rioters." Seems like he should try harder: According multiple local office-holders, including Asheville Mayor Esther Manheimer, Forest's clips don't show the city at all but instead were shot in other locales. When asked for comment, the Forest campaign didn't dispute the charge.

Polls:

  • WV-Gov: Strategies Unlimited (D) for WV First: Jim Justice (R-inc): 46, Ben Salango (D): 40, Daniel Lutz Jr. (Mountain Party): 5

This is the closest poll of the three we've seen to date in this race. According to the Parkersburg News and Sentinel, WV First is a group opposing Jim Justice's re-election bid, though it does not appear to have any presence the web. The same is true of the pollster, Strategies Unlimited.

House

IN-05: Indiana schools chief Jennifer McCormick has once again stuck her thumb in the eye of her own party by endorsing another Democrat, Christina Hale, who is seeking to flip the open 5th Congressional District. Though elected superintendent of public instruction as a Republican in 2016, McCormick has regularly feuded with the GOP and previously backed Democrat Woody Myers in his bid to unseat Republican Gov. Eric Holcomb, as well as Democrat Jonathan Weinzapfel, who is running for state attorney general. McCormick is not seeking re-election this year after Republicans turned her position into an appointed one starting after 2020.

MI-08: Democratic Rep. Elissa Slotkin's latest ad features footage from a recent debate that went viral after she shredded her Republican opponent, Paul Junge, on healthcare. Junge had sought to make an issue of a lapse in insurance coverage that befell Slotkin's mother, blaming "undue burdens and regulations." Slotkin's scathing response occupies the bulk of the ad:

"Please don't speak about my mother as if you understand what made her health care unaffordable to her. And I think it's crazy that every time we ask you specific details about the thing that really helps people know that they're going to be protected—their kids are going to be protected—you deflect and start attacking me. And raising my mother? Come on, Paul."

NE-02: Former Democratic Rep. Brad Ashford has endorsed vulnerable Republican Rep. Don Bacon, who narrowly booted him after one term in the House in 2016. Ashford sought to reclaim his seat in 2018 but lost a tight the Democratic primary that year to nonprofit executive Kara Eastman, who herself lost a close contest with Bacon later that year—a race in which Ashford supported her.

Eastman sought the Democratic nomination again this year and this time handily defeated Ashford's wife, attorney Ann Ferlic Ashford. Ann Ashford angrily refused to endorse Eastman following the May primary, citing comments Eastman had made blaming Ashford's campaign-trail criticisms of her on "bad blood" stemming from her defeat of Ashford's husband two years earlier.

Bacon's past statements about Brad Ashford, however, have been far harsher. Among other things, Bacon accused Ashford of being soft on the Islamic State during their 2016 race, claiming in an ad, "If Brad Ashford doesn't know ISIS is targeting Nebraska, how can we trust him to keep us safe?"

VA-02: Democratic Rep. Elaine Luria's newest ad stars a COVID survivor named Fred Herrmann who excoriates Republican Scott Taylor for hosting a campaign event over the summer where attendees were maskless and greeted each other—including Taylor—with intimate hugs. Footage of the disturbing gathering rolls as Herrmann pours out his criticism. "Scott Taylor even compared coronavirus to the flu. It's not the flu," he says. "Mr. Taylor, I couldn't see my family while I thought I was going to die, because this virus is dangerous—and sending you back to Congress would be, too."

Polls:

CA-25: Smith's memo didn't include exact figures for the presidential race, but it did say that Joe Biden "is currently beating Trump by 4 points." That would represent the rare district-level poll where Biden's margin is narrower than Hillary Clinton's was in 2016 (she carried the 25th 50-44).

NY-22: Believe it or not, Siena's poll is the very first we've seen of this race, and the findings are a serious whoa-mama-joe moment for the GOP, particularly as regards the presidential race. Upstate New York's 22nd District was one of those rural white areas where the bottom really fell out for Democrats in 2016: While Barack Obama had lost to Mitt Romney by less than a point here, Trump crushed Clinton 55-39.

There's good reason to believe Siena, too. In 2016, the school's polling accurately forecast the district's big shift to Trump, both in late September and just before Election Day, when it had Trump up 14. If Republicans can't beat Brindisi, who exactly can they beat?

Mayoral

Miami-Dade County, FL Mayor: The Democratic firm Bendixen & Amandi International's new poll for the Miami Herald gives Democrat Daniella Levine Cava a 45-35 lead over Republican Steve Bovo in next month's officially nonpartisan race, which is an improvement from the 39-32 edge it found last month. Levine Cava also released a Change Research survey in late September that showed her up 45-32, while Bovo's side has yet to publicize its own numbers.

Levine Cava would be the first Democrat to serve as the chief executive of Florida's largest county since Alex Penelas left office in 2004. Penelas himself waged a comeback campaign this year, but he took third in August's nonpartisan primary.

New York City, NY Mayor: Civil rights attorney Maya Wiley, a former counsel to term-limited Mayor Bill de Blasio, entered next year's Democratic primary to succeed her old boss on Thursday. Wiley, who is Black, would be the first woman mayor in the city's history. In her kickoff, she took several jabs at the unpopular incumbent. "If I am mayor, you will never have to wonder who's in charge," she said. "You will never have to question ... whether the mayor even wants the job." She also ridiculed de Blasio's hapless presidential bid, saying, "You will never have to wonder whether I'm in Iowa."

Ad Roundup

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

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

Leading Off

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

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

Campaign Action

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

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

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

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

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

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

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

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

Primary Preview

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

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

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

Our live coverage will begin at 7 PM ET Tuesday night at Daily Kos Elections when the polls close in most of Florida. You can also follow us on Twitter for blow-by-blow updates. And you'll want to bookmark our primary calendar, which includes the dates of the cycle's remaining down-ballot primaries, as well as our separate calendar tracking key contests further down the ballot taking place nationwide this year.

Senate

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

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

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

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

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

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

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

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

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

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

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

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

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

Gubernatorial

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

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

House

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

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

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

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

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

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

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

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

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

Other Races

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

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

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

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

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

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

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

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

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

Election Changes

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

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

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

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

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

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

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

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

grab bag

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

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

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

Ad Roundup

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

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

Leading Off

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

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

Campaign Action

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

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

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

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

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

Election Changes

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

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

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

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

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

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

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

Senate

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

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

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

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

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

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

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

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

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

Gubernatorial

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

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

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

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

House

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

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

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

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

Mayoral

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

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

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

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

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

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

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

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

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

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

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