Morning Digest: Ohio Supreme Court strikes down GOP’s legislative gerrymander

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

Leading Off

OH Redistricting: The Ohio Supreme Court on Wednesday struck down the new Republican-drawn state House and Senate maps as an unconstitutional gerrymander and ordered the state's Ohio Redistricting Commission to adopt new lines within 10 days. This decision does not apply to the Republican-drafted new congressional map, which is the subject of a separate case that the justices have yet to issue a decision in.

Republican Chief Justice Maureen O'Connor joined the three Democrats in Wednesday's 4-3 ruling, which blasted just how much the lines drawn by the GOP majority on the bipartisan Redistricting Commission benefited Republican candidates. As we've written before, a voter-approved constitutional amendment requires maps to not unfairly benefit one party or the other compared to their statewide support, which Republicans acknowledged was roughly 54% Republican and 46% Democratic according to an average of the last decade's statewide elections.

The justices, though, noted that the state House map favored GOP candidates in 67 of the 99 seats―which would give Team Red the edge in 68% of the districts―while Republicans likewise enjoyed an advantage in 23 of the 33 state Senate constituencies.

Campaign Action

The Redistricting Commission, which has a 5-2 GOP majority, will now need to redraw the lines, and the justices said they retained jurisdiction "to review the plan that the commission adopts for compliance with our order." Ohio's candidate filing deadline is currently set for Feb. 2, though lawmakers can alter that date.

Redistricting

MO Redistricting: The state House's redistricting committee voted Wednesday to advance a congressional map aimed at preserving the Republicans' current 6-2 majority in the delegation.

MS Redistricting: The state Senate on Wednesday approved a new GOP-drawn congressional map, which now goes to Republican Gov. Tate Reeves for his signature.

NC Redistricting: The Wake County Superior Court on Tuesday upheld the new Republican-drawn congressional and legislative maps. Plaintiffs immediately made it clear that they'd appeal the decision to the North Carolina Supreme Court, where Democrats have a 4-3 majority.  

PA Redistricting: The Republican-controlled state House has passed a new congressional map that would almost certainly be vetoed by Democratic Gov. Tom Wolf should it reach his desk.

SC Redistricting: The GOP-run state House Judiciary Committee has advanced a new congressional map aimed at shoring up Republican Rep. Nancy Mace in the 1st District. Last month, the chamber introduced a different map that would have actually made the 1st more competitive, but Republicans seem to have reversed course since then. State Senate Republicans previously proposed boundaries that also would have strengthened Team Red in the 1st District.

TN Redistricting: The state House's redistricting committee on Wednesday advanced a congressional map that, as Democrats have long feared, aims to turn the 5th District red. The blue bastion of Nashville, which is coterminous with Davidson County, is currently entirely located in longtime Democratic Rep. Jim Cooper's 5th District, but these proposed boundaries would split the city between the 5th, 6th, and 7th Districts. This map would leave the Memphis-based 9th District as the only Democratic-friendly seat in Tennessee.

4Q Fundraising

  • CO-SenMichael Bennet (D-inc): $2.1 million raised, $4.7 million cash-on-hand; Gino Campana (R): $450,000 raised, additional $500,000 self-funded, $760,000 cash-on-hand
  • NE-GovJim Pillen (R): $5.4 million raised (since April), $4.1 million cash-on-hand
  • FL-10Maxwell Frost (D): $407,000 raised
  • IL-14Michael Koolidge (R): $100,000 raised (in six weeks)
  • MN-02Angie Craig (D-inc): $875,000 raised, $2.9 million cash-on-hand
  • NH-01Matt Mowers (R): $400,000 raised, $600,000 cash-on-hand
  • NJ-05Nick De Gregorio (D): $403,000 raised, $375,000 cash-on-hand
  • NV-04Steven Horsford (D-inc): $478,000 raised, $1.6 million cash-on-hand
  • OR-06Matt West (D): $600,000 raised, $480,000 cash-on-hand

Senate

MD-Sen: Republican Gov. Larry Hogan once again declined to rule out a bid against Democratic Sen. Chris Van Hollen on Wednesday one day after the Associated Press detailed national Republicans' ongoing efforts to convince him to run. Hogan downplayed his interest when asked but didn't do anything to take his name out of contention, saying, "I don't have much desire to be in the US Senate." The filing deadline is Feb. 22.

OH-Sen: The radical anti-tax Club for Growth has launched what NBC's Henry Gomez reports is a $750,000 TV and digital buy attacking former state Republican Party chair Jane Timken ahead of the May primary. The Club, which backs ex-state Treasurer Josh Mandel, had been training its fire on venture capitalist J.D. Vance, but it recently released a poll finding that Timken is now Mandel's main threat.

The narrator declares, "Timken claimed she didn't know how she would have voted on Trump's impeachment while passionately defending her RINO congressman after he voted to impeach Trump." That last bit is a reference to retiring Rep. Anthony Gonzalez, who was one of the 10 House Republicans who voted to impeach Donald Trump last year. Timken initially said that the congressman had a "rational reason why he voted that way. I think he's an effective legislator, and he's a very good person." While she soon backtracked and called for Gonzalez's resignation, she didn't do it fast enough to insulate her from attacks like this one.

VT-Sen: Former U.S. Attorney Christina Nolan last week filed paperwork with the FEC for a potential run for the Republican nod, and she now tells VTDigger, "I am definitely exploring the possibility, but I am not yet ready to announce a formal decision or make a formal announcement."

The last time Green Mountain Republicans won a federal election was 2000, when moderate Sen. Jim Jeffords easily secured another term; Jeffords famously abandoned the GOP (and his all-Republican barbershop quartet, the Singing Senators) the following year to caucus with the Democrats as an independent, a move that handed Team Blue control of the upper chamber.

PA-Sen: Ad Impact tells Politico that American Leadership Action, a super PAC set up to aid TV personality Mehmet Oz in the Republican primary, has booked $550,000 in TV time for a negative campaign aimed at former hedge fund manager David McCormick that will begin this month. McCormick is still officially in exploratory mode, but there's little question that he's planning to run especially now that he's resigned from the hedge fund giant Bridgewater Associates.

House

CA-15: While Redwood City Mayor Giselle Hale had mulled campaigning for this safely blue open seat last year, the Democrat announced this week that she would run for the state Assembly instead.

CA-37: Former Los Angeles City Councilwoman Jan Perry has filed FEC paperwork for a potential campaign to succeed Rep. Karen Bass, a fellow Democrat who is leaving to run for mayor of L.A., in the June top-two primary for this safely blue seat. Perry would be the first member of Congress who is both Black and Jewish.

Perry ran for the city's top job in 2013 and ultimately placed fourth in the nonpartisan primary with 16%. She went on to endorse Eric Garcetti in the second round, who named her head of his administration’s Economic Development Department following his victory. Perry stepped down in 2018 and ran for a seat on the Los Angeles County Board of Supervisors two years later, but she took a distant third with just 12%.

The only notable Democrat who has announced a campaign for the 37th District, which includes Central Los Angeles, is Culver City Vice Mayor Daniel Lee. State Sen. Sydney Kamlager, who decisively won her current post last year by beating Lee in a special election, also filed FEC paperwork in late November, but she still hasn't said if she's running.

FL-07: Businessman Scott Sturgill, who lost the 2018 Republican primary for the old version of this seat, has announced a bid to succeed retiring Democratic Rep. Stephanie Murphy in a state where redistricting is still underway. Sturgill self-funded $150,000 for his last campaign but still lost the primary 54-30 to state Rep. Mike Miller, whom Murphy beat months later.

FL-20: Democrat Sheila Cherfilus-McCormick pulled off a 79-20 victory over Republican Jason Mariner in this 77-22 Biden seat in a contest that Republican Gov. Ron DeSantis infamously scheduled to take place a whole nine months after the death of longtime Democratic Rep. Alcee Hastings. Cherfilus-McCormick, who beat now-former Broward County Commissioner Dale Holness by five votes in the very crowded November primary, will be the first-ever Haitian American member of Congress.

The new congresswoman, though, will likely need to prepare for another serious nomination fight. Holness, who never conceded defeat, filed paperwork for another bid last month, and The Sun Sentinel reported at the time that he planned to seek a rematch. Former Broward County Commissioner Barbara Sharief, who earned third place, also told the paper for that article that she was "more than likely" to run again but was "waiting to see what the districts look like."

IN-09: Republican Rep. Trey Hollingsworth announced Thursday that he would not seek a fourth term in Indiana's safely red 9th District in a very unexpected move that bookends what has been a short but surprising congressional career. The revised version of this southeastern Indiana seat, which includes Bloomington, backed Donald Trump 63-35, and Republicans should have no trouble holding onto it.

Hollingsworth had given no obvious indication that he was looking to hit the eject button, especially since he had no serious primary or general election opponent on the horizon. The congressman, though, used an op-ed for IndyStar to remind readers that he'd pledged to only serve four terms total, continuing, "I want to be the change I want to see in this world, so, as I contemplate how I can work for you in new and better ways in the future, I won't run for reelection this year." Hollingsworth added, "I ran for Congress to return this government to the people from the career politicians who had broken it, and I will be damned if I become one in the process."

Hollingsworth began running for Congress in the 2016 cycle very soon after the Tennessee businessman, who had ties to several other states that weren't named Indiana, moved to the Hoosier State. He initially seemed like an afterthought in the Republican primary to succeed now-Sen. Todd Young, but he attracted attention after he used his personal fortune to finance a huge early ad campaign at a time when his more established but cash-poor rivals couldn't get on TV. He also got help from his wealthy father, who financed a super PAC that aired commercials praising the younger Hollingsworth and attacking the presumed frontrunner, Attorney General Greg Zoeller.

Another candidate, state Sen. Erin Houchin, saw where things were going and eventually went up with her own spot warning viewers that Hollingsworth was "a Tennessee millionaire who just moved here to try and buy our seat in Congress," but she lacked the resources to sufficiently blast her opponent. Republicans said just before the primary that Hollingsworth had little ground game and few, if any, local allies, but that didn't stop him from defeating Houchin by a convincing 34-25.

Republican gerrymandering and southern Indiana's continued shift to the right made Hollingsworth the clear favorite in a district that had supported Mitt Romney 57-41 in 2012, but Democrats hoped that a weak GOP nominee would give Monroe County Councilor Shelli Yoder an opening. And for a long time, it seemed like it was possible that Hollingsworth's flaws could indeed sink him, especially after the DCCC released an October poll giving him just a 44-42 edge.

National Democrats backed up their talk with action in the final weeks, and they ultimately spent $1.8 million compared to $1.3 million from their GOP counterparts. Hollingsworth also earned some ugly headlines in the final days when the Associated Press reported that legal papers he filed to serve as a "registered agent" for his real estate business obligate him to simultaneously reside in Virginia, North Carolina, South Carolina, Georgia, and Ohio. The Republican blamed it all on a clerical error, though he didn't help things when, after acknowledging he'd lived in South Carolina, he refused to say where else he'd resided.

All of this, though, was far from enough in a seat as red as the 9th District. Donald Trump carried the seat 61-34, and while Hollingsworth badly trailed the top of the ticket, his 54-40 victory was still far from close. Democrats still hoped that the new congressman could be vulnerable in a very different political climate, but he won by a similar 56-44 spread in 2018 and had no trouble taking what would ultimately be his final term.

MO-04: Retired Navy SEAL Bill Irwin announced this week that he was joining the crowded Republican primary for this safely red open seat.

NE-01: The Omaha World-Herald's Don Walton recently asked state Sen. Mike Flood if he had anything to do with a reported poll testing him in a hypothetical May Republican primary against indicted Rep. Jeff Fortenberry, to which Flood notably responded, "No comment."

Flood previously served as speaker of Nebraska's unicameral state legislature from 2007 until he was termed out in 2013, and he returned to the chamber last year. (Nebraska forbids legislators from serving more than two consecutive terms, but they can come back after a break.) The senator is also the owner of News Channel Nebraska, which Walton describes as "a network of radio and television stations that combine into a statewide media network."

Fortenberry, whom federal prosecutors have charged with lying to investigators as part of a probe into a foreign billionaire who used straw donors to illegally funnel $180,000 to four different GOP candidates, has a trial date tentatively set for Feb. 15, which coincidentally is the day that Flood would need to make a final decision by. That's because Nebraska has a unique law that sets up two filing deadlines, one for current elected officials and one for everyone else. All office-holders who want to be on the 2022 ballot need to file by Feb. 15, even if they're seeking a different post than the one they currently have, while the deadline for everyone else comes two weeks later on March 1.

Whoever emerges with the GOP nod will likely go up against state Sen. Patty Pansing Brooks, a Democrat who currently faces no serious intra-party opposition. The new version of the 1st District, which includes Lincoln and rural areas in the eastern part of the state, supported Donald Trump 54-43.

NJ-07, NJ-11: Phil Rizzo, a Republican who took a distant second in last year's gubernatorial primary, announced Wednesday that he was switching from the 11th to 7th Districts following redistricting and would now take on Democratic Rep. Tom Malinowski. Rizzo will have a very tough task ahead of him, though, if he's to defeat the local and national establishment favorite, former state Sen. Tom Kean Jr., in a June nomination contest that also includes Assemblyman Erik Peterson.

VA-07: The Richmond Times-Dispatch reports that Del. Elizabeth Guzman and Prince William School Board Chair Babur Lateef are each considering challenging Democratic Rep. Abigail Spanberger for renomination now that redistricting has relocated a majority of populous Prince William County to the new 7th District. However, two other Northern Virginia Democrats, state Sen. Jeremy McPike and Del. Luke Torian, say they won't campaign here, while county party chair Tonya James relays that former Del. Jennifer Carroll Foy has also told her she won't run.

On the Republican side, 2020 candidate Tina Ramirez announced this week that she was ending her campaign now that redistricting has moved her out of the 7th. Ramirez will instead challenge state Sen. Amanda Chase, who also dropped out of the congressional race this month, for renomination in 2023.

Ballot Measures

San Jose, CA Ballot: The San Jose City Council on Tuesday voted to place a measure on the June ballot that would move mayoral contests from midterm to presidential years. This year's open seat mayor race would only be for a two-year term if voters approved this measure, but the winner would be allowed to seek two additional four-year terms.

The City Council is also reviewing other ideas, such as adopting instant-runoff voting, that could go on the November ballot. However, an earlier proposal to greatly enhance the mayor's power appears to be off the table for now.

Legislatures

Special Elections: Here's a recap of Tuesday's contest in Maine:

ME-HD-27: Former state Sen. James Boyle held this seat for the Democrats by beating Republican Timothy Thorsen 57-38. Hillary Clinton won 53-40 here, and preliminary numbers from Daily Kos Elections have Joe Biden prevailing by a larger 60-37 spread in 2020.

Democrats are back to a enjoy an 81-64 majority in a 151-person chamber that also includes three independents, one Libertarian, and one member of the Independent for Maine Party; one Republican-held district, the very red HD-145, is open.

Mayors

Austin, TX Mayor: Democratic state Rep. Celia Israel announced Tuesday that she would compete in this year's race to succeed termed-out Mayor Steve Adler as the head of Texas' famously liberal capital city; Israel would be Austin's first gay or Latina mayor.

Milwaukee, WI Mayor: Candidate filing closed Tuesday for the special election to succeed Tom Barrett, who resigned last month to become ambassador to Luxembourg. All the candidates will face off on one nonpartisan ballot on Feb. 15, and the top-two vote-getters will advance to the April 5 general; the winner will be up for a regular four-year term in 2024.

The only surprise on filing day came when Milwaukee City Attorney Tearman Spencer, who had previously announced a campaign, did not submit any signatures. The candidates who turned in the required amount of petitions are:

  • Alderman Marina Dimitrijevic
  • Former Alderman Bob Donovan
  • Acting Mayor Cavalier Johnson
  • Milwaukee County Sheriff Earnell Lucas
  • Businessman Michael Sampson
  • State Sen. Lena Taylor

Most of the field to lead this very blue city identify as Democrats, though Donovan, who badly lost to Barrett in 2016, is active in conservative groups.

Morning Digest: Ever heard of a ‘top-four’ primary? It could be coming to a state near you soon

Leading Off

Election Reforms: This November, as many as five states will vote on ballot measures that could dramatically change how their elections are conducted.

In Florida, voters will decide whether to institute a top-two primary system, while Massachusetts could implement instant-runoff voting. Alaska, meanwhile, could become the first state in the nation to adopt a "top-four" voting system, which, as we'll explain, is something of a hybrid between top-two and instant-runoff.

Top-four ballot measures have also been certified for the ballot in Arkansas and North Dakota. However, there's still ongoing litigation in each state that could impact whether or not these referendums would take effect if they won.

Campaign Action

We'll start with a look at the Florida top-two ballot initiative, Amendment 3, which needs to win at least 60% of the vote in order to pass. If this measure takes effect, starting in January of 2024, all the candidates in races for governor; the other three state cabinet offices (attorney general, chief financial officer, and commissioner of agriculture); and for the state legislature would each compete on one primary ballot rather than in separate party primaries.

The two contenders with the most votes, regardless of party, would then advance to the general election. Candidates would not be able to avert the general election by taking a majority of the vote in the primary. Amendment 3 would not apply to federal elections such as the presidential or congressional contests due to limitations on the scope of any single initiative.

California and Washington already use the top-two primary (Louisiana also uses a similar all-party primary system that does allow candidates to avoid a second round of voting if they win a majority), and as we've written before, it's notorious for producing outcomes that don't reflect the desires of the electorate. One chief reason why: A party can win a majority of votes cast in the primary, yet get shut out of the general election simply because it fields a large number of candidates while the minority party only puts forth a few, or even just two.

Furthermore, primary electorates often feature very different demographic compositions than higher-turnout general elections, producing greater partisan and racial dissonance between the two rounds. These distortions have seen one party or the other get shut out of general elections in recent years in California and Washington, including in contests they likely would have won if the parties had gotten to nominate candidates through traditional primaries.

Indeed, if the top-two had been in place in 2018 when both parties had competitive primaries for governor, Democrats would have been locked out of the general election. That year, Republican Ron DeSantis would have taken first place with 29%, while fellow Republican Adam Putnam would have beaten Democrat Andrew Gillum 19-17 for second, even though Republicans outvoted Democrats just 51-49.

The only poll we've seen all year of Amendment 3 was a late May survey from St. Pete Polls, which found the "no" side ahead 44-35. However, Amendment 3's backers have received at least $6.2 million from conservative billionaire Mike Fernandez, who has been leading the effort to get the top-two implemented, which gives the campaign the resources to put up a serious fight.

Over in Massachusetts, meanwhile, supporters of instant-runoff voting (also known as ranked-choice voting), are trying to pass Question 2 this November. If Question 2 receives a majority of the vote, then starting in 2022, instant-runoff would be used in both primaries and general elections for governor and other statewide offices; U.S. Senate and House seats; the state legislature; and countywide posts such as district attorney and sheriff. The measure would not impact presidential elections or races for city and town offices.

The only poll we've seen this year was an early August survey from MassINC that showed voters deadlocked 36-36 on whether to adopt Question 2. If the measure passes, then Massachusetts would become the second state after Maine to use this method to decide many of its elections.

Finally, voters in Alaska, Arkansas, and North Dakota each will have the opportunity to become the first states to adopt a top-four primary. This system would require all the candidates to face off on one primary ballot, and the top four vote-getters would advance. In the general election, voters would then be able to rank their choices using instant-runoff voting. Each of these referendums only needs to win a majority of the vote to pass, but there are some key differences between them.

While each would apply to all congressional, legislative, and statewide races, only Alaska's Measure 2 would also institute instant-runoff voting for the presidential contest. North Dakota's Measure 3, meanwhile, would additionally remove the legislature's unfettered control over legislative redistricting and put it in the hands of a bipartisan commission.

North Dakota's top-four law would also take effect 30 days after approval, Arkansas' would start Jan. 1, 2021, and Alaska's measure would begin in 2022. The only poll we've seen from any of these three states was a mid-July survey from the Arkansas League of Women Voters, which supports the top-four measure, from Mercury Analytics that showed respondents agreeing by a 60-28 margin that they support "[a]llow[ing] voters to rank their top four candidates when voting in the general election so voters can have more say in their second choice candidate."

Senate

MA-Sen: The Sept. 1 Democratic primary has become particularly heated on the airwaves in recent days.

Sen. Ed Markey is running a commercial accusing Rep. Joe Kennedy of running a desperate campaign, while a spot from Kennedy's allies at New Leadership PAC features audio from the congressman's recent speech declaring that Markey was questioning his family's integrity. The ads come at a time when Markey has been trying to use Kennedy's membership in what is arguably America's most prominent political family (the congressman is the grandson of Robert F. Kennedy) against him.

In an Aug. 11 debate, Markey took aim at New Leadership PAC, which Kennedy's twin brother and other relatives have been raising money for. Markey also brought up speculation that the congressman's father and namesake, former Rep. Joe Kennedy II, could fund the PAC with the $2.8 million in campaign funds he still has available almost 22 years since he left Congress. "Tell your father and tell your twin brother you don't want any money to be spent on negative ads," Markey said in a clip that generated plenty of attention and quickly made it into the senator's digital advertising.

Markey also generated headlines with an online commercial that didn't mention Kennedy or his family directly, but concluded with the senator putting his own spin on the famous 1961 inaugural address delivered by the congressman's great uncle. "With all due respect," Markey said, "it's time to start asking what your country can do for you."

On Monday, Kennedy responded with the speech that was used in New Leadership PAC's new commercial. Kennedy declares, "I'm here today to talk about my family, because Sen. Markey is questioning their integrity, weaponizing their history." The congressman goes on to talk about his grandfather's record as U.S. attorney general during the civil rights era before saying he understands that "a legacy is earned." Kennedy continues by describing his own work in Congress and declares, "We deserve a senator who will not stand by."

Kennedy's campaign is also running a commercial where the narrator says he "knows how a legacy is earned." The spot goes on to show footage of RFK and the congressman's two legendary great uncles, JFK and Ted Kennedy, and says that for the younger Kennedy, battles for racial justice and healthcare for all are "a fight in his blood."

Markey's campaign, meanwhile, is airing their own commercial that contrasts the senator with Kennedy. After decrying how Kennedy is attacking the incumbent, the narrator quotes from the Boston Globe's Markey endorsement. The narrator reads how the senator has "been ahead of the curve championing progressive causes," while Kennedy "lacks the chops and track record Markey brings."

Markey's allies at United for Massachusetts are also up with a spot that also quotes the Globe endorsement, though it doesn't mention Kennedy. The ad extols Markey as "a progressive champion with chops" who has been "achieving real results on healthcare and the environment." The commercial also features images of Markey with two of his most prominent supporters, fellow Sen. Elizabeth Warren and New York Rep. Alexandria Ocasio-Cortez.

This has been a very expensive contest. From July 1 to Aug. 12 (the time the FEC defines as the pre-primary period), Markey outraised Kennedy $1.4 million to $930,000, while Kennedy outspent the incumbent $4.3 million to $2.8 million during this time. Markey had a $3.5 million to $1.4 million cash-on-hand edge for the homestretch.

NH-Sen: Saint Anselm College's new poll of the Sept. 8 GOP primary finds wealthy attorney Corky Messner, who is Donald Trump's endorsed candidate, with a 31-29 edge over retired Army Brig. Gen. Donald Bolduc. A late June Remington Research poll for Bolduc had Messner up 17-8, while a mid-July Tarrance Group internal for Messner had him ahead 39-27. The winner will be the underdog against Democratic Sen. Jeanne Shaheen.

Gubernatorial

MT-Gov: Campaign finance reports are in covering June 15 to Aug. 15. Democrat Mike Cooney outraised Greg Gianforte $725,000 to $582,000, while the wealthy Republican threw down an additional $1 million of his own money. Gainforte outspent Cooney by a lopsided $1.7 million to $209,000 during this time, though it was Cooney who ended the period with $670,000 to $330,000 a cash-on-hand lead. However, Gianforte likely can afford to do much more self-funding over the next few months.

NH-Gov: Saint Anselm College has released the first poll we've seen of the Sept. 8 Democratic primary, and it gives state Senate Majority Leader Dan Feltes a narrow 22-19 lead over Executive Councilor Andru Volinsky; an additional 13% say they'd back "someone else," though there aren't any other candidates on the ballot.

Feltes, meanwhile is using his second TV spot to go right after Republican Gov. Chris Sununu over his handling of school reopenings. Feltes appears with his wife and young children and says, "As parents, we just want to know our kids will be safe. That's why it's so distressing that Chris Sununu refuses to even put forward a plan." Feltes continues, "He says nobody has to wear masks. There are no clear guidelines. Teachers are afraid. Why shouldn't they be?"

House

CA-08: The general election for this open 55-40 Trump seat hasn't generated much attention, but Democrat Chris Bubser has released a poll from Global Strategy Group to try to change that. The survey gives Republican Assemblyman Jay Obernolte a 48-38 lead, which Bubser, who is a first-time candidate, argues will dramatically narrow once she gets her name out. The sample also finds Donald Trump ahead only ahead 49-44 in this seat, which contains northern San Bernardino County and the geographically vast, but sparsely populated, High Desert to the north.

Bubser ended June with a small $325,000 to $300,000 cash-on-hand edge over Obernolte, but she'll need much more to effectively communicate her message: Almost all of this seat is located in the Los Angeles media market, where it costs quite a lot of money to air TV commercials.

FL-18: Immediately after Pam Keith decisively won the Democratic primary for Florida's 18th Congressional District, Republican Rep. Brian Mast launched a $150,000 TV buy against her. The commercial, like so many Republican ads we've seen this cycle, ties Keith to Vermont Sen. Bernie Sanders, New York Rep. Alexandria Ocasio Cortez, and Minnesota Rep. Ilhan Omar.

The narrator alternates between praising Mast's record and portraying Keith as an extremist, declaring at one point that the Democrat "called all Republicans 'traitors,' 'racist,' 'stupid,' and 'white supremacists.'" Parts of Keith tweets going after Donald Trump and his allies fill the screen, including an October 2019 message written during the House's impeachment inquiry into Trump where she asked, "I wonder if the GOP realizes that an entire generation of Americans is growing up knowing no other version of Republicans than the racist, white supremacist, bigoted, woman-hating, anti-science, delusional, gun-worshiping, treasonous greed-mongers currently on display."

Mast held a huge $1.8 million to $100,000 cash-on-hand lead over Keith on July 29, and he's likely going negative now to weaken her before she can effectively respond. Still, it's a bit surprising that Mast feels he needs to do this, since he's looked safe for a long time.

This seat, which includes the Palm Beach area and the Treasure Coast to the north, moved from 51-48 Romney to 53-44 Trump, and it remained tough turf last cycle. Mast won re-election 54-46 against a well-funded opponent, and according to analyst Matthew Isbell, both Republicans Rick Scott and Ron DeSantis carried it 52-47 as they were narrowly winning the U.S. Senate and gubernatorial contests statewide.

Still, this district could be worth watching this fall, especially if 2020 turns out to be a better year for Florida Democrats than 2018 did, which may be why Mast has decided he needs to take action now.

GA-07: The Atlanta Journal-Constitution reports that the far-right Club for Growth has booked $900,000 on TV to attack Democrat Carolyn Bourdeaux, though there's no copy of the spot yet. The Club is backing Republican Rich McCormick, who badly trailed Bourdeaux $760,000 to $106,000 in cash-on-hand at the end of June.

MA-01: Democratic Majority for Israel recently launched a $100,000 ad buy against Holyoke Mayor Alex Morse ahead of the Sept. 1 Democratic primary, and their newly released commercial attacks him over the condition of the local school system. American Working Families, a PAC supported by labor, also began airing commercials earlier this month going after Morse on this.

DMFI's new campaign is the latest in what has become a very expensive intra-party battle for this safely blue western Massachusetts seat. OpenSecrets reports that, as of Friday, outside groups supporting Rep. Richie Neal have spent a total of $1.3 million, while organizations like the Justice Democrats and Fight Corporate Monopolies have dropped $995,000 to oppose the incumbent.

Neal's campaign also maintains a huge financial edge over Morse, though the challenger has been bringing in a credible amount of money. Morse outraised Neal $470,000 to $360,000 during the pre-primary period, while the incumbent outspent him by a $1.8 million to $490,000 margin during this time. Neal held a $2.8 million to $295,000 cash-on-hand edge for the final weeks of the race.

MA-04: Newton City Councilor Jake Auchincloss uses his new commercial for the Sept. 1 Democratic primary to contrast his time in the Marines, where he says leadership was "on you," with Donald Trump's refusal to take responsibility for his many failures.

NY-01: In the previous Digest, we wrote that an internal poll for Democrat Nancy Goroff found Donald Trump leading Joe Biden 46-42 in New York's 1st Congressional District. However, those numbers were transposed by the outlet that originally reported the poll. Goroff's poll, conducted by Global Strategy Group, in fact found Biden ahead 46-42.

Ads: The conservative Congressional Leadership Fund is spending $2.5 million on August advertising in seven Democratic-held seats that Donald Trump carried in 2016. Politico provides a breakdown:

  • ME-02 (Jared Golden): $200,000
  • NM-02 (Xochitl Torres Small): $500,000
  • NY-11 (Max Rose): $260,000
  • NY-22 (Anthony Brindisi): $650,000
  • OK-05 (Kendra Horn): $500,000
  • SC-01 (Joe Cunningham): $200,000
  • VA-07: (Abigail Spanberger): $200,000

It is not clear if these buys come from CLF's existing reservations in these seats, or if it's new money. The only spot that is available right now is the group's ad against Horn, which ties her to Speaker Nancy Pelosi, New York Rep. Alexandria Ocasio Cortez, and Minnesota Rep. Ilhan Omar.

Other Races

PA-AG: Josh Shapiro, a rising star in Pennsylvania Democratic politics, won his bid for attorney general 51-49 in 2016 as Donald Trump was carrying Pennsylvania 48-47, but Republicans are hoping to unseat him this fall and regain a seat they'd previously held for decades. Shapiro is only the second Democrat to win this post since it became an elected office in 1980: The first was Kathleen Kane, who decisively won in 2012 but resigned in disgrace in 2016.

Republican nominee Heather Heidelbaugh recently launched what her campaign says is a $200,000 opening ad campaign. Heidelbaugh doesn't mention Shapiro directly in her spot as she talks about her tough upbringing, but her pledge to "serve my full term" was very much a dig at the incumbent, whom politicos widely expect to run for governor in 2022. Indeed, when Democratic Gov. Tom Wolf, who will be termed-out, was asked last year about the contest to succeed him, he pointed at Shapiro and said, "That's my guy right there."

Shapiro held a massive $4.1 million to $210,000 cash-on-hand lead over Heidelbaugh on June 22, but the Philadelphia Inquirer reports that a group called Commonwealth Leaders Fund has booked a total $435,000 to help the Republican. The PAC, which the paper says has already spent $144,000, has been running commercials that ditch Heidelbaugh's subtlety and tear into Shapiro as "a career politician already looking to run for governor."

Shapiro responded in mid-August with what the Inquirer writes is his first TV spot. The ad says Shapiro is being attacked by dishonest commercials "paid for by people backing the insurance companies' candidate, hack lawyer Heather Heidelbaugh." The narrator goes on to praise the incumbent's service as attorney general, including his high-profile role in "holding Catholic Church officials accountable for covering up sexual abuse."

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Morning Digest: Coronavirus leaves Virginia GOP unsure how to hold House nominating conventions

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.

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Leading Off

VA-05, VA-07: Republicans in Virginia’s 5th and 7th Congressional Districts had planned to pick their nominees at April 25 party conventions, rather than in June's primary, but Republicans leaders are still deciding how to proceed in light of the coronavirus.

All of this uncertainty is causing plenty of angst in the 5th District, where freshman Rep. Denver Riggleman faces a challenge from the right from Campbell County Supervisor Bob Good. Riggleman even speculated to Roll Call that, if the process gets out of hand, Team Red won’t even have a nominee in this 53-42 Trump seat. National Republicans will also be keeping a close eye on the 7th District, where plenty of candidates are competing for the right to take on freshman Democratic Rep. Abigail Spanberger.

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For now, the only things that anyone knows are that the April 25 conventions won’t be happening as planned, but that Republican voters in these two seats still won’t be selecting their candidates through a primary. The 5th District GOP recently posted a memo saying that it's not permissible at this point to switch from nominating candidates at a convention to the state-run primary, which is on June 9.

Ben Slone, who runs the 7th District GOP, told Roll Call’s Stephanie Akin that his group would discuss what to do on Thursday. All he would say about alternatives to the convention, though, was, “We have a set of contingency plans that will be invoked depending on guidance and government health dictates.”

Melvin Adams, who runs the 5th District GOP committee, also told Akin that they would be talking next week about moving the convention date, and he was more forthcoming with his plans. Adams said that he’d hoped to move the event to June 6, which is the weekend before the statewide primary.

However, Riggleman and his supporters say that Adams has been promoting another option if it’s still not safe to hold a convention by then, and it’s not one they like at all. Riggleman said the 5th District Republican Committee, which has fewer than 40 members, could end up picking the party’s nominee, and Adams didn’t deny that this was a possibility. Indeed, this is how Riggleman got chosen as Team Red’s candidate two years ago after Rep. Tom Garrett ended his campaign after winning renomination. That was a very different set of circumstances, though, and an unnamed Riggleman ally on the committee said that, if this ends up happening this year, “I think it would be unfair. It’s a very undemocratic process.”

There’s another huge potential drawback to using this method. Riggleman said that party rules require a candidate to earn the support of at least two-thirds of the district committee, which raises the possibility that no one could end up with the GOP nod. And even if someone claims a supermajority, the congressman argued, it’s possible that the state Republican Party won’t recognize this person as the rightful nominee. Indeed, an unnamed former state party official told Roll Call that the committee only picked the candidate last cycle because their nominee had dropped out, and that “[c]hanging to a process where Republican voters don’t have a voice would be against the party plan and potentially against state law.”

Riggleman himself sounds quite unhappy with this whole state of affairs, saying that he wanted a primary instead of “a convoluted convention process that is collapsing under the weight of this crisis.” Riggleman already had reasons to be wary about party leaders, rather than voters, choosing the nominee here. The congressman infuriated plenty of social conservatives at home in July when he officiated a same-sex wedding between two of his former campaign volunteers. This quickly resulted in a homophobic backlash against him, and local Republican Parties in three small 5th District counties each passed anti-Riggleman motions. It also didn’t escape notice that the convention was supposed to be held at Good’s church.

Riggleman’s path to a second term could be even more perilous if the 5th District Committee ends up choosing the nominee, especially since its chairman sounds very frustrated with him. “I know the congressman and some of his staff and other people have been putting out false information, or at least implying this committee is trying to rig things,” Adams said. “This committee is not trying to rig things.”

Democrats, by contrast, opted to hold a traditional primary in June, and so Team Blue doesn’t have anything like the mess that’s haunting the 5th District GOP. Democrats have several notable contenders running here, and while it will still be tough to flip a seat that Trump won by double digits, GOP infighting could give the eventual nominee more of an opening.

Election Changes

Alaska: Alaska's Republican-run state Senate has unanimously passed a bill that would allow Republican Lt. Gov. Kevin Meyer to order that the state's Aug. 18 downballot primaries be conducted entirely by mail. (The lieutenant governor is Alaska's chief election official.) However, Republicans blocked an attempt by Democrats to require that the state provide dropboxes where voters can return their ballots, an option that is very popular in states that have adopted universal voting by mail, in part because it obviates the need for a postage stamp and avoids the risk of delayed mail return service.

The bill now goes to the state House, which is controlled by a Democratic-led coalition that includes Republicans and independents. The Alaska Daily News says that Republican Gov. Mike Dunleavy is "expected" to sign the measure "speedily" if both chambers pass it.

Indiana: Indiana's bipartisan Election Commission has unanimously waived the state's requirement that voters who wish to vote absentee in June's presidential and downballot primaries provide an excuse in order to do so.

Nebraska: Election officials in Nebraska say there are no plans to delay the state's May 12 presidential and downballot primaries, but at least half a dozen counties—including the three largest—will send absentee ballot applications to all voters, while a number of other small counties had previously moved to all-mail elections prior to the coronavirus outbreak. In all, more than half the state will either receive absentee applications or mail-in ballots, including all voters in the state's 2nd Congressional District, a competitive district that features a multi-way Democratic primary.

Nevada: Republican Secretary of State Barbara Cegavske and local election officials from all 17 Nevada counties have announced plans to conduct the state's June 9 downballot primaries almost entirely by mail. Every active registered voter will be sent a postage-paid absentee ballot that they can return by mail or at an in-person polling site, of which each county will have at least one. Importantly, these voters will not have to request an a ballot. At least one in-person polling place will also be available in each county.

Ballots must be postmarked or turned in by Election Day, though they will still count as long as they are received up to seven days later. Officials will also contact any voter whose ballot has an issue (such as a missing signature), and voters will have until the seventh day after the election to correct any problems. Cegavske's press release wisely cautions that, under this system, final election results will not be known until well after election night, though this is a point that officials across the country will have to emphasize loudly and repeatedly as mail voting becomes more widespread.

One potential issue with Cegavske's plan, though, is that registered voters who are listed as "inactive" on the voter rolls will not be sent ballots. However, as voting expert Michael McDonald notes, these voters are still eligible to vote, and every election, many do. While they can still request absentee ballots on their own, they now face an obstacle that active voters will not. Approximately 14% of Nevada's 1.8 million registered voters are on inactive status.

Ohio: Lawmakers in Ohio's Republican-run legislature unanimously passed a bill extending the time to vote by mail in the state's presidential and downballot primaries until April 28, and Republican Gov. Mike DeWine has said he will sign it "soon." There would be limited in-person voting only for people with disabilities or special needs, and voters would also be able to drop off absentee ballots in person on that day, but ballots would have to be mailed by April 27 and be received by May 8 in order to count. However, voting rights groups have expressed serious reservations about the plan and say they may sue.

Under the bill, the state would send postcards to voters explaining how to request an absentee ballot application. Voters would then have to print out applications on their own, or request one be mailed to them, and then mail them in—they cannot be submitted online. They would then have to mail in their absentee ballots (though these at least would come with a postage-paid envelope).

Voting rights advocate Mike Brickner notes that there is very little time left to carry out this multi-step process, particularly because each piece of mail would be in transit for several days. In addition, printing all of these materials, including the postcards that are designed to kick off this effort, will take considerable time, especially since government offices, the postal service, and print shops "may not be operating optimally," as Brickner observes.

Pennsylvania: Pennsylvania's Republican-run legislature has unanimously passed a bill to move the state's presidential and downballot primaries from April 28 to June 2. Democratic Gov. Tom Wolf has said he will sign the measure.

Wisconsin: The city of Green Bay has filed a lawsuit asking that a federal judge order Wisconsin officials to delay the state's April 7 elections until June 2 and to extend its voter registration deadline to May 1. (The deadline for registering by mail has already passed, but voters can still register online through March 30 thanks to an earlier order by a different judge.) Green Bay has also asked that it be allowed to cancel in-person voting and mail ballots to all registered voters.

Senate

MI-Sen: The GOP firm Marketing Resource Group is out with a new survey giving Democratic Sen. Gary Peters a 42-35 lead over Republican John James, which is an improvement from the incumbent's 43-40 edge in October. The only other poll we've seen this month was an early March survey from the GOP firms 0ptimus and Firehouse Strategies that gave James a 41-40 advantage.

ME-Sen: The Democratic group Majority Forward has announced that it's launched a new six-figure ad campaign supporting state House Speaker Sara Gideon. The spot praises Gideon's work securing millions for coronavirus testing, as well as workers and small businesses.

SC-Sen: Democrat Jaime Harrison is out with a poll from Brilliant Corners that shows GOP Sen. Lindsey Graham leading him by a small 47-43 margin. The only other survey we've seen in the last few weeks was a late February Marist poll that showed Graham up 54-37.

Gubernatorial

WV-Gov: The GOP firm Medium Buying reports that GOP Gov. Jim Justice launched his first ad of 2020 last week, and we now have a copy of his commercial. The ad begins with a clip of Donald Trump at a rally saying, "My good friend, and your governor, Jim Justice," before the narrator jumps in and praises the incumbent as a conservative Trump ally.

Former state Commerce Secretary Woody Thrasher, by contrast, has been running commercials since June of last year, and he's out with another one ahead of the May GOP primary. Thrasher tells the audience that the coronavirus is creating hardships for West Virginia, and that the state "needs to be proactive in terms of its reaction to this crisis, not reactive the way we have been so many other times." Thrasher then lays out his plan for helping the state economically during the pandemic.

Thrasher doesn't mention, much less directly criticize, Justice's handling of the situation, but he still argues that the state isn't doing enough. "Our president is being very proactive in terms of dealing with those issues," Thrasher says, "We need to follow suit and be proactive as well." He concludes, "It's time for the state of West Virginia to get something done."

House

IN-05: In an unusual move, retiring Rep. Susan Brooks' office publicly told businesswoman Beth Henderson to stop saying that Brooks had recruited her or even given her any special encouragement to run at all. "Susan talked with all Republican candidates who called her and expressed an interest in running in the 5th District to share her insights about representing this district," a Brooks aide said. "Some candidates did not call her." Brooks has not taken sides in the crowded June GOP primary to succeed her.

However, Henderson made it sound like the congresswoman was pulling for her back in February when she declared, "Susan Brooks encouraged me to run." The candidate put out a statement this week insisting that she and Brooks "have had a couple conversations regarding the Fifth district. She has been encouraging throughout my campaign, as I imagine she has been with other candidates as well."

The Indianapolis Star also obtained a voicemail from an unidentified person raising money for the Henderson campaign who said, "Susan actually recruited Beth to run for her, and we are working hard to raise funds to ensure that that happened." Henderson's team acknowledged that this person was affiliated with the campaign but insisted that none of that was included in the script that caller was given.

MI-13: Detroit City Council President Brenda Jones announced Wednesday that she would seek a primary rematch against Democratic Rep. Rashida Tlaib, who is one of the most high-profile members of the House freshman class. Jones, who briefly held this seat for a few weeks in the lame-duck session of the last Congress (more on that later), kicked off her campaign with a video declaring that she was “running for re-election” to this safely blue seat.

While Jones didn’t mention Tlaib in that message, she argued in a new interview with the Detroit News that her opponent has “spent a lot of her energy in places other than the 13th District.” Jones said that, unlike the congresswoman, “I will be totally focused on the 13th District, being the third-poorest district in the United States.”

Jones and Tlaib have a lot of history. Thanks to some very unusual circumstances, they even faced off three separate times in 2018. That August, Michigan held two different Democratic primaries on the same day for this seat: one for a special election for the final months of former Rep. John Conyers' term, and one for the regular two-year term. Jones had the support of Detroit Mayor Mike Duggan and some unions, but she had trouble raising money. Tlaib, by contrast, didn’t have as many prominent local endorsements, but she decisively outraised each of her many opponents.

Tlaib narrowly beat Jones 31-30 in the six-way primary for the full term. However, there were only four candidates on the ballot in the special election primary, and in that race, it was Jones who edged Tlaib 38-36.

The two candidates who were only on the ballot for the regular term, state Sen. Coleman Young II and former state Rep. Shanelle Jackson, took a combined 18% of the vote, so their absence in the special primary likely had an impact. Jones, Young, and Jackson, along with more than half the district's residents, are black, while Tlaib is of Palestinian descent (only 4% of residents identify as Arab American). It's therefore probable that the presence of two additional African American candidates in the regular primary but not in the special primary made the difference between the two close outcomes.

Jones, however, didn't relish the idea of serving just a few weeks in the House and wound up launching a last-minute write-in campaign against Tlaib for the general election. It was a misguided move, though, as she took just 0.32% of the vote. Jones and then-Speaker Paul Ryan ended up working out an apparently unprecedented agreement that allowed Jones to serve a few weeks in the House without resigning as head of the Detroit City Council, letting her take a hiatus from that post until Tlaib was sworn in in January of 2019.

Tlaib immediately earned national attention on her first day in office when she said of Donald Trump, "[W]e're going to impeach the motherfucker," and she’s been in the headlines plenty since then. Most notably, Trump targeted Tlaib and the three other women of color who make up “The Squad” with a racist tweet in July. Thanks to her celebrity, Tlaib has done well in raising money from progressives across the country, ending last year with a hefty $1.2 million on-hand.

Tlaib, who has been a prominent Bernie Sanders surrogate, has her share of intra-party critics and recently inflamed some of them when she booed Hillary Clinton at a Sanders campaign event in January in Iowa. Jones, however, has her own issues, particularly as a longtime supporter of Louis Farrakhan, the anti-Semitic head of the Nation of Islam, even sharing the stage with him at a 2017 event in Detroit.

If Jones has any reservations about Farrakhan—whose lowlight reel includes gems like, “The Jewish media has normalized sexual degeneracy, profanity, and all kinds of sin,” and, “In Washington right next to the Holocaust Museum is the Federal Reserve where they print the money. Is that an accident?"—she hasn't put them on display. Rather, just last month, her chief of staff said that Jones was sponsoring a resolution commending Farrakhan’s newspaper, which ran a piece Farrakhan wrote in 2016 saying that the Sept. 11 attacks were “a false flag operation,” for its “truthful articles.” For his part, Farrakhan himself singled Jones out for praise in a speech in Detroit two years ago.

TN-01: State Rep. Timothy Hill announced on Tuesday that he was joining the August GOP primary for this safely red open seat. Hill has served in the state legislature for four terms, and he's risen to become chair of the Commerce Committee.