Voting Rights Roundup: Georgia Senate wins pave way for Democrats to pass historic election reforms

Leading Off

Congress: With victories in Georgia's Senate runoffs, congressional Democrats now have the opportunity to pass the most important set of voting and election reforms since the historic Voting Rights Act was adopted in 1965. These reforms face a challenging path to passage given Democrats' narrow majorities, but their adoption is critical for preserving American democracy amid unprecedented attacks upon it by Republican extremists both in and outside Congress.

Chief among these proposals is the reintroduction of H.R. 1, the "For the People Act," which House Democrats passed in 2019 and would enact groundbreaking reforms by (1) removing barriers to expanding access to voting and securing the integrity of the vote; (2) establishing public financing in House elections to level the playing field; and (3) banning congressional gerrymandering by requiring that every state create a nonpartisan redistricting commission subject to nonpartisan redistricting criteria.

Democrats have also called for enacting a new Voting Rights Act, which the House passed in 2019 and subsequently named after the late Georgia Rep. John Lewis, a hero of the civil rights movement who died last year. Finally, House Speaker Nancy Pelosi has vowed to bring a bill to the floor to finally end the disenfranchisement of 700,000 Americans by making Washington, D.C. a state, which House Democrats also approved last year. We'll detail each of these major reforms below.

Pelosi has indicated that passing H.R. 1, symbolically named as the first bill of the session, will be a top priority for the new Congress. This bill would adopt the following reforms for federal elections:

  • Establish automatic voter registration at an array of state agencies;
  • Establish same-day voter registration;
  • Allow online voter registration;
  • Allow 16- and 17-year-olds to pre-register so they'll be on the rolls when they turn 18;
  • Allow state colleges and universities to serve as registration agencies;
  • Ban states from purging eligible voters' registration simply for infrequent voting;
  • Establish two weeks of in-person early voting, including availability on Sundays and outside of normal business hours;
  • Standardize hours within states for opening and closing polling places on Election Day, with exceptions to let cities set longer hours in municipal races;
  • Require paper ballots filled by hand or machines that use them as official records and let voters verify their choices;
  • Grant funds to states to upgrade their election security infrastructure;
  • Provide prepaid postage on mail ballots;
  • Allow voters to turn in their mail ballot in person if they choose;
  • Allow voters to track their absentee mail ballots;
  • Require states to establish nonpartisan redistricting commissions for congressional redistricting (likely not until 2030);
  • End prison gerrymandering by counting prisoners at their last address (rather than where they're incarcerated) for the purposes of redistricting;
  • End felony disenfranchisement for those on parole, probation, or post-sentence, and require such citizens to be supplied with registration forms and informed their voting rights have been restored;
  • Provide public financing for House campaigns in the form of matching small donations at a six-for-one rate;
  • Expand campaign finance disclosure requirements to mitigate Citizens United;
  • Ban corporations from spending for campaign purposes unless the corporation has established a process for determining the political will of its shareholders; and
  • Make it a crime to mislead voters with the intention of preventing them from voting.

The John Lewis Voting Rights Advancement Act, meanwhile, would restore the protections that the Supreme Court's conservatives eviscerated in an infamous 2013 decision. That ruling removed a requirement for a number of largely Southern states and localities with a pervasive history of racial discrimination to "preclear" all efforts to change voting laws and procedures with the Justice Department. The VRAA would establish new criteria for deciding which jurisdictions would fall under the preclearance requirement after the 2013 court ruling struck down the old formula.​

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​Under the new setup, any state where officials have committed at least 15 voting rights violations over a 25-year period would be required to obtain preclearance for 10 years. If the state itself, rather than localities within the state, is responsible for the violations, it would take only 10 violations to place it under preclearance. In addition, any particular locality could individually be subjected to preclearance if it commits at least three violations.

Based on this formula, the VRAA would put 11 states back under preclearance: Alabama, California, Florida, Georgia, Louisiana, Mississippi, New York, North Carolina, South Carolina, Texas and Virginia. While most of these states are still in the South (and also under Republican control), the list also includes the two largest Democratic-leaning states in the country, California and New York.

Lastly, the bill to grant statehood to D.C. would shrink the federal District of Columbia down to a handful of important federal buildings surrounding the National Mall while admitting the rest of the district as a new state. All but one House Democrat (who is now no longer in Congress) voted for D.C. statehood last summer, and 46 of the 50 incoming members of the Democratic Senate caucus either sponsored last year's bill or have expressed public support, while the remaining four have yet to take a firm position.

While Democrats winning full control of Congress and the presidency makes it possible to pass the above reforms, their success is far from guaranteed. For starters, Democrats would need unanimous support in the Senate and near-unanimous backing in the House given that every Republican is likely to oppose these reforms.

The most important hurdle, however, is the legislative filibuster, and the fate of these reforms will depend on Senate Democrats either abolishing or curtailing it. Progressive activists have relaunched a movement to eliminate the filibuster entirely following the Georgia victories, while some experts have suggested that Democrats could carve out an exception for voting rights legislation. Either way, Democrats will need to address the filibuster in some fashion, since Senate Republicans have made it clear they will not provide the support necessary to reach a 60-vote supermajority on any of these measures.

Voting Access

Connecticut: Democratic Secretary of State Denise Merrill and legislative Democrats are pushing to pass a series of voting reforms, including the adoption of no-excuse absentee voting, early voting, and automatic voter registration. Last year, lawmakers passed a statute to temporarily expand the definition of illness to allow all voters to cast absentee ballots without needing a specific excuse, and Democrats are considering passing similar legislation this year for upcoming local and special elections with the pandemic still ongoing.

Democrats may also try to permanently remove the excuse requirement by passing a constitutional amendment, as well as once again approving an amendment they passed in 2019 to allow up to three days of early voting. Unless the GOP has a change of heart and supplies enough votes for a three-fourths supermajority, amendments must pass in two sessions with an election in between before going to a voter referendum.

Delaware: Democratic lawmakers in Delaware have introduced two constitutional amendments to expand voting rights: The first would remove the excuse requirement to vote absentee by mail while the second would enable same-day voter registration. Last year, the state temporarily waived the excuse requirement due to the coronavirus pandemic.

Amendments in Delaware must pass the legislature with two-thirds supermajorities in two consecutive sessions, so lawmakers could enact the no-excuse absentee voting amendment this session since they passed it the first time in 2020. (The same-day registration amendment could not go into effect until the 2024 elections at the earliest.) However, since Democrats are just shy of the two-thirds mark in the state House, they will need at least two GOP votes in support. Uniquely among the 50 states, Delaware does not require constitutional amendments to be approved by voters.

District of Columbia: In late November, the Democratic-run Washington, D.C. Council advanced a bill to make permanent a measure temporarily adopted in 2020 that let voters cast ballots at any "vote center" citywide in 2020 instead of just their local polling place. Democratic Mayor Muriel Bowser has yet to sign the bill, which also requires a polling place at the city jail, into law.

Hawaii: Hawaii election chief Scott Nago plans to ask the Democratic-dominated legislature to pass legislation giving voters more time to complete their ballots and to expand the number of in-person "vote centers," where any voter in a county can cast their ballot, to better accommodate voters who can't readily vote by mail or don't want to.

Additionally, voting rights advocates have announced that they will renew their push to ask lawmakers to adopt a bill enacting automatic voter registration through the state's driver's licensing agency and potentially other state agencies, too. The state Senate and House each passed separate bills to adopt automatic registration in 2019, but the proposal failed to become law after the two chambers couldn't agree on a single version.

Illinois: State House Democrats have passed legislation in committee that would make permanent some of the reforms lawmakers adopted in 2020 due to the pandemic, including: counting absentee mail ballots without postage; allowing officials to set up drop boxes for mail ballots; and continuing curbside voting for mobility-limited voters. However, the bill wouldn't extend the practice of sending applications for mail ballots to all voters who have cast ballots in recent election years.

Louisiana: Republican Secretary of State Kyle Ardoin has proposed an emergency voting plan for lawmakers to approve for upcoming local elections and the March 20 special elections for the 2nd and 5th Congressional Districts. Committees in the state Senate and House both advanced the proposal to their respective full chambers earlier this month.

The plan would let voters cast absentee ballots by mail if they are at higher risk for COVID-19, seeking a diagnosis for it, or are subject to a physician's isolation order or caring for someone under isolation. However, it would not waive the excuse requirement for all voters or expand the number of early voting days.

Maine: Democratic Secretary of State Shenna Bellows, who was elevated to the post by Maine's state legislature last month, will push for lawmakers to adopt online voter registration and prepaid absentee ballot postage. Meanwhile, several Democratic legislators have introduced various bills to codify the use of drop boxes, implement a system for letting voters track their absentee ballots, and let absentee ballots be counted earlier.

Maryland: Maryland Democrats have introduced legislation intended to strengthen voting access on college campuses, military bases, retirement homes, and other "large residential communities." Sites like these would be able to request an in-person voting location, and colleges would also be required to establish voter registration efforts on campus and give students an excused absence to vote if needed. The bill would let military service members register online using their identification smart cards issued by the Defense Department.

New Jersey: Committees in both chambers of New Jersey's Democratic-run legislature have declined to advance a measure that would have adopted two weeks of early voting for this year's state-level general elections and some municipal races in May. The New Jersey Globe reported that it was unclear why the bill failed to move forward but also noted that legislative leaders have yet to reach an agreement on the specifics of early voting, including whether to extend it to primaries, despite supporting the idea in principle. Committees in both chambers also passed early voting bills last year, but they did not advance further in 2020.

New York: The past three weeks have been a busy period for voting rights expansions in New York, beginning when Democratic Gov. Andrew Cuomo signed into law an automatic voter registration measure that will involve a variety of different state agencies. Democratic state senators also passed several other reforms this week, including measures to:

The proposals to enact same-day registration and permanently remove the absentee excuse requirement are constitutional amendments that previously passed both legislative chambers in 2019 and must pass again before they can appear on this November's ballot, while the other measures are all statutory and can become law if the Assembly and Cuomo sign off on them.

Oregon: Democratic Gov. Kate Brown has called for several voting reforms in her budget proposal to the Democratic legislature, including reinstituting same-day voter registration; counting mail ballots that are postmarked by Election Day instead of only those received by Election Day; increasing the number of mail ballot drop boxes; and expanding Oregon's automatic voter registration system from just the DMV to include other agencies.

Same-day voter registration would likely require lawmakers to put a constitutional amendment on the ballot thanks to an especially bizarre chapter in state history. Oregon previously offered same-day registration, but lawmakers amended the constitution to repeal it in 1986 after a religious cult called the Rajneeshees attempted large-scale voter fraud in concert with biological warfare that left hundreds of residents poisoned in their unsuccessful plot to take over rural Wasco County's commission in 1984. However, 21 states and D.C. use same-day registration today without problems.

Vermont: Both chambers of Vermont's Democratic-run legislature have passed a bill that lets municipalities decide whether to mail every active registered voter a ballot for the upcoming March 2 "Town Meeting Day" or let them postpone the elections to the spring if needed due to the pandemic. Town meetings are a form of direct democracy unique to New England, during which localities can hold public votes on budgetary and other matters.

Virginia: Virginia Democrats have introduced several major voting reforms, which would expand on the sweeping changes they passed in 2020. This year's measures include:

Democrats have full control of state government, but constitutional amendments must pass both legislative chambers in two consecutive sessions with a state election taking place in between before going to a voter referendum. The felony voter reforms, therefore, could not become law before 2022 at the soonest. While civil rights groups and progressive Democrats support the amendment that would outright abolish felony disenfranchisement, Democratic Gov. Ralph Northam backs the competing amendment that would keep those who are in prison, on parole, or on probation unable to vote.

Voter Suppression

Georgia: Republican state House Speaker David Ralston says he is open to considering removing oversight of Georgia's elections from Secretary of State Brad Raffensperger's office, and Ralston claims he wouldn't need a constitutional amendment to do it.

Raffensperger recently incurred the ire of fellow Republicans after he refused to go along with Trump's illegal efforts to steal the 2020 presidential election in Georgia, prompting Raffensperger to release a recording of an incriminating phone call early this month during which Trump had pressured him to "find" 12,000 fake votes that would allow Trump to claim victory. The New York Times reported on Friday that state prosecutors are increasingly likely to open a formal criminal investigation into Trump over the incident.

Separately, Republican Gov. Brian Kemp has called for adding a voter ID requirement to absentee voting, which Republicans exempted when they initially adopted a voter ID law in the mid-2000s. Up until 2020, absentee voting was disproportionately used by elderly Republican voters, but the GOP's push for new voting restrictions on the practice comes after mail voting heavily favored Democrats, both in November and the Jan. 5 Senate runoffs.

Many Georgia Republicans also want to reinstate the requirement that voters present an excuse in order to request an absentee ballot, along with calling for banning mail ballot drop boxes and restricting who can send ballot applications to voters. Ralston, however, says he opposes eliminating excuse-free absentee voting.

Kansas: The U.S. Supreme Court last month declined to take up Kansas Republicans' appeal of a 10th Circuit Court of Appeals ruling last year that had struck down a law requiring voters to provide documentary proof of citizenship in order to register to vote, effectively dooming the measure. The law was the signature legislative achievement of former Secretary of State Kris Kobach, a Republican who rose to national notoriety as the leader of Trump's bogus "voter fraud" commission.

By the time it was blocked in 2016, the Kansas law had led to one in seven new voter registrations being suspended for lack of documentation, affecting 30,000 would-be registrants in total—a group that was disproportionately young and Latino. The lower court that eventually struck down the law also eviscerated Kobach's credibility and seriously undermined his reputation even among Republicans.

Separately, Kobach's successor as secretary of state, fellow Republican Scott Schwab, reportedly won't implement a bipartisan 2019 voting reform until 2023. That law allows counties to replace traditional local polling places with countywide "vote centers" where any voter in a county may cast their ballot. A provision of the law requires it to first take effect for odd-year local elections before it can be implemented for even-year federal and state elections, so if Schwab's foot-dragging delays it past this year, it couldn't take full effect until 2023.

North Carolina: The 4th Circuit Court of Appeals in December unanimously overturned a lower federal court ruling that had temporarily blocked a voter ID statute passed by North Carolina Republicans from taking effect last election cycle while the case proceeded on the merits. The appellate judges ruled that the lower court had "abused its discretion" by blocking the law.

The lower court had found that there were significant similarities between this law, which Republicans approved in a 2018 lame-duck session, and one they passed in 2013, which another federal court had struck down in 2016 for being part of a package of voting restrictions that they deemed had targeted Black voters "with almost surgical precision."

The 4th Circuit, however, held that the lower court had erred by not presuming that lawmakers had acted in "good faith" when passing the laws, despite the many times that Republican legislators have had their voting laws struck down in court for discrimination. The plaintiffs are in the process of filing a petition to ask the entire 4th Circuit to rehear their case over the preliminary injunction while the case proceeds on the merits.

However, even if they succeed at the 4th Circuit, there's a strong risk of the U.S. Supreme Court eventually reversing them, which is why voting rights advocates may have better odds of blocking the voter ID law in state court instead. Last year, in fact, a state court issued its own preliminary injunction that blocked the law for the November election, and that case is also still ongoing.

Unfortunately for voting advocates, though, the 2020 elections complicated their odds of success at the state level. Democrats suffered three close losses in last November's state Supreme Court elections, leaving them with a slim 4-3 advantage on the bench

The contest for control of the court and the narrowing of Democrats' majority may have implications not only for the voter ID dispute. It could also play a role in the resolution of ongoing litigation over a separate constitutional amendment that authorized the voter ID statute, as well as with cases over North Carolina's felony voter disenfranchisement law, and upcoming lawsuits over redistricting, where the court is the lone bulwark at the state level against renewed GOP gerrymandering.

Texas: The U.S. Supreme Court's right-wing majority has refused to take up state Democrats' appeal in a lawsuit that sought to overturn a Republican-backed restriction that's used in Texas and several other red states to require that only voters under the age of 65 must have an excuse to vote absentee by mail. By refusing to take up the case, the high court left in place a 5th Circuit Court of Appeals ruling that upheld the Texas law in defiance of the 26th Amendment's ban on age discrimination by using logic that if applied to race would effectively result in the revival of Jim Crow voting laws.

Meanwhile, in the Texas state Senate, several GOP senators have introduced a bill that would ban the mailing of unsolicited absentee ballots applications. Populous Democratic-run counties such as Houston's Harris County sought to send applications to all voters in 2020 due to the pandemic, but Republicans convinced the GOP-dominated state Supreme Court to block them.

Existing Senate rules required 19 votes to bring bills to the floor, but after Republicans were reduced to just 18 seats following the November elections, they lowered that threshold for the third time in recent years so that they can overcome Democratic objections and pass new voting restrictions and gerrymanders.

Post Office: One key consequence of Joe Biden's victory and Democrats winning the Senate is that Biden will be able to appoint members of his choosing to the U.S. Postal Service Board of Governors, who in turn could fire Donald Trump's postmaster general, Louis DeJoy, who was instrumental in Trump's attempt to sabotage mail voting last year. With Mitch McConnell unable to block him, Biden can now fill three vacancies on the nine-member board, which currently has four Republicans and two Democrats, thereby giving it a new Democratic majority that could sack DeJoy.

Felony Disenfranchisement

Alabama: Federal District Judge Emily Marks, a Trump appointee, granted Republican defendants' motion for summary judgment in December in a lawsuit where the plaintiffs had sought to strike down a state law that serves as a de facto poll tax by requiring people with felony convictions who have served their sentences to also pay off any court fines and fees before regaining the right to vote. The plaintiffs say they are considering whether to appeal.

Minnesota: The ACLU is now asking a state appellate court to overturn a lower court's dismissal last August of their lawsuit that sought to strike down Minnesota's ban on voting for people serving out parole or probation for a felony conviction. If the effort succeeds, only people who are currently incarcerated would remain unable to vote.

Tennessee: Voting rights advocates have filed a federal lawsuit seeking to simplify Tennessee's cumbersome process for people with felony convictions who have completed their sentences to regain their voting rights. Plaintiffs in particular object to the GOP's de facto poll tax requirement that requires affected individuals to first pay off all court fines and fees, which they argue violates state law.

Redistricting and Reapportionment

Illinois: Democratic legislators have passed a bill in both chambers that will end the practice of "prison gerrymandering" for state legislative redistricting, sending it to Democratic Gov. J.B. Pritzker. The bill would count incarcerated people for redistricting purposes at their last known address instead of where they are imprisoned.

Iowa: The liberal blog Bleeding Heartland reports that top-ranking GOP state legislators won't rule out using their power to implement gerrymanders by amending the maps submitted to lawmakers by Iowa's nonpartisan redistricting agency. Republicans are in a position to do so because they hold unified control of state government in a redistricting year for the first time since the 1980s, when the nonpartisan agency first came into place.

Maryland: Republican Gov. Larry Hogan has issued an executive order to create an advisory commission that will propose new congressional and legislative maps for the upcoming round of redistricting. The nine commissioners will include three Democrats, three Republicans, and three independents, three of whom will be chosen by Hogan while the other six will be ordinary citizens who can apply here.

Hogan has the power to submit legislative maps to the Democratic-run legislature at the start of the legislative session, but if Democrats pass their own maps within 45 days, Hogan can't veto them. The commission's congressional map, meanwhile, would be strictly advisory in nature. While Hogan could veto new congressional districts, Democrats have the numbers to override him. The commission's proposal could nevertheless influence a court in the event of litigation.

New York: In addition to the voting access measures in our New York item above, Senate Democrats also passed a third constitutional amendment that would make it easier for Democrats to gerrymander new maps next year by lowering the threshold for overriding the state's new bipartisan redistricting commission from a two-thirds supermajority to just three-fifths. Democrats already passed this amendment in 2020, and it would also appear on the November ballot if Assembly Democrats again follow suit. However, it's possible that the lowered threshold won't even matter for the upcoming round of redistricting, since Senate Democrats gained a two-thirds supermajority in November.

The amendment also includes some nonpartisan redistricting reforms, including enshrining in the constitution an existing statutory ban on "prison gerrymandering"; freezing the number of state senators at 63; sharply limiting how cities can be split among Senate districts to prevent a repeated of the anti-urban gerrymandering that occurred when the GOP drew the lines after 2010; and authorizing state to conduct its own census if the federal count is tainted.

Pennsylvania: State House Republicans have passed a constitutional amendment out of committee by a single vote that would effectively gerrymander the state Supreme Court and Pennsylvania's two intermediate appellate courts by ending statewide judicial elections and replacing them with elections based on districts that GOP legislators would draw.

This move comes as retaliation for the state Supreme Court's Democratic majority striking down the GOP's congressional gerrymander in 2018 and protecting voting rights in 2020. Republicans could place it on the May primary ballot if it passes in both chambers for the second required time after the GOP approved the amendment in 2020.

2020 Census: The Trump administration has confirmed in federal court amid ongoing litigation that it will not release key data needed for Donald Trump to implement his attempt to unconstitutionally remove undocumented immigrants from the 2020 census population counts that will be used to reapportion congressional seats and Electoral College votes among the states. The Census Bureau said that it had in fact stopped work on producing those counts altogether.

Instead, the bureau won't compile that data until at least after Biden is sworn in, meaning the incoming president will have a chance to reverse Trump's memo ordering its production and release. The U.S. Supreme Court in December had overturned one of the three lower federal court rulings that had blocked Trump's executive memo, holding that it wasn't yet ripe for adjudication, but the delays will likely moot that litigation.

In addition to the postponed release of reapportionment data, the more granular data needed to conduct actual redistricting itself will likely be delayed past the existing March 31 deadline set by federal law. That could in turn cause several states to delay or even entirely postpone redistricting for elections taking place this year. Some states, however, have deadlines for redistricting written into their constitutions, meaning that late-arriving data could cause unpredictable legal havoc.

Electoral College

Electoral College: Republicans in three key states have proposed altering how their states allocate Electoral College votes in different ways that would have each given Donald Trump more electoral votes in 2020. It's unclear whether these plans have widespread GOP support, and two of them face long odds of passage, but they're by no means the first time that Republicans have floated efforts to manipulate the Electoral College for short-term partisan advantage, and they raise the specter that the GOP will one day go through with it.

In Michigan, GOP Congressman Bill Huizenga called for switching his state from winner-take-all to allocating electoral votes by congressional district, which of course happens to be gerrymandered by the GOP in a way that would have resulted in an 8-8 split in 2020 despite Joe Biden winning the state (Michigan Democrats in fact did this very same scheme way back in the 1892 election cycle). Democratic Gov. Gretchen Whitmer could veto such a proposal if the GOP actually tries to pass it, but she faces a potentially competitive re-election contest in 2022 that could leave the GOP with full control of the state heading into the 2024 presidential election.

In Wisconsin, meanwhile, Republican state Rep. Gary Tauchen went further and actually introduced a bill that would similarly assign electoral votes by congressional districts that were gerrymandered by Republicans, a bill that would have given Trump a 6-4 majority in November even though Biden carried the state. As in Michigan, Democratic Gov. Tony Evers could veto the bill if the GOP were to make a serious push to pass it, but he could also be defeated next year, leaving Republicans with unfettered power.

Lastly, Republican state Sen. Julie Slama introduced a bill that would move Nebraska in the opposite direction by abolishing the allocation of electoral votes by congressional district after Joe Biden won the Omaha-based 2nd Congressional District and its lone electoral vote. Unlike in the other two states, Republicans already have full control over state government, but they narrowly lack a filibuster-proof two-thirds supermajority. However, the GOP could eliminate the filibuster rule with a simple majority.

These schemes may or may not work as intended and could even backfire on Republicans in the long term, especially if Wisconsin and Michigan one day turn reliably red. However, these proposals are all motivated solely by partisan self-interest rather than any good-faith concerns about the fairness of the Electoral College.

This is in fact the third straight election to which Republicans have reacted by putting forth plans to tilt the Electoral College in their favor, even though they benefited more from its skew in both 2016 and 2020 than in any elections in a century, according to one analysis.

Two-thirds of Republicans in the U.S. House and several in the Senate unsuccessfully voted last week to overturn Biden's Electoral College victory and steal the 2020 election for Trump mere hours after far-right insurrectionists incited by Trump ransacked the Capitol building itself. That followed an unsuccessful effort by Trump and his allies to agitate for disenfranchising countless voters by asking state legislatures to reject Biden's win and use their gerrymandered majorities to directly install a slate of Trump electors instead.

If the GOP entirely gives up on trying to win the popular vote and instead focuses exclusively on translating its minority support into an Electoral College majority, it's likely only a matter of time before Republicans successfully overturn a Democratic presidential victory, whether through a vote in Congress or state-level schemes to manipulate electoral vote allocation even when Democrats win the popular vote. Doing so risks sparking a far worse crisis than the one America has been living through this past month.

Electoral Reform

Alaska: The Alaska Independence Party, a right-wing fringe party that advocates for the state to secede from the union, filed a lawsuit in state court last month seeking to overturn a statute enacted by voters at the ballot box in 2020 that replaces traditional party primaries with a "top-four" primary and instant-runoff general election. Republicans are considering whether to join the legal challenge.

New York City, NY: A state court rejected issuing a temporary restraining order last month that would have blocked the use of instant-runoff voting ahead of an upcoming City Council special election after opponents of the new law, approved in 2019, filed a lawsuit in early December. The plaintiffs have announced that they will appeal, arguing that the law will lead to confusion that disenfranchises voters in communities of color unless changes are made, a charge that other candidates of color dispute.

Elections

Pennsylvania: Democratic state Sen. Jim Brewster was finally seated by the Pennsylvania Senate's Republican majority after federal District Judge Nicholas Ranjan, a Trump appointee, upheld Brewster's narrow victory last year. Republicans sparked outrage after they had refused to let Brewster take the oath of office for another term even though election officials had certified his victory and the state Supreme Court had upheld it. GOP lawmakers even ejected Democratic Lt. Gov. John Fetterman from presiding over the chamber after he had objected to their power grab.

Republicans rejected the legitimacy of several hundred mail ballots that lacked a handwritten date on the outer envelope, even though the Supreme Court said they were otherwise valid and should be counted. Mail ballots favored Democrats by a lopsided margin thanks to Trump's demagoguery against mail voting, even though it was Republican lawmakers who pushed for a state law that, among other things, removed the excuse requirement to vote by mail in 2019.

This ordeal is an example of state-level Republicans following the lead of Trump and their congressional counterparts in trying to reject the outcome of elections after they've lost. Particularly worrisome for the rule of law is that the GOP refused to abide by the decisions of Democratic state Supreme Court justices and election officials and only capitulated after a Trump-appointed judge rejected their ploy.

Morning Digest: Virginia GOP congressman who officiated same-sex wedding gets denied renomination

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

VA-05: Campbell County Supervisor Bob Good won the Republican nomination on Saturday by defeating freshman Rep. Denver Riggleman at the party convention by 58-42, a result that ends Riggleman’s brief career in Congress. While Riggleman had Donald Trump’s endorsement, Good and his allies portrayed the congressman as insufficiently conservative. Riggleman notably pissed off the base last summer when he officiated a same-sex wedding between two of his former campaign volunteers, a move that quickly led to a homophobic backlash at home.

Good will now be Team Red’s standard bearer in a district which includes Charlottesville and south-central Virginia, and that moved from 53-46 Romney to 53-42 Trump. Riggleman, though, only won 53-47 in 2018, and Good could be vulnerable in the fall. Democrats, who opted to hold a traditional party primary, will choose their nominee to take on Good on June 23 in a contest that features several well-funded contenders. Daily Kos Elections currently rates this contest as Likely Republican.

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Riggleman’s loss comes after a short and at times bizarre career in politics that began with a 2017 run for governor. Riggleman, a distillery owner and former Air Force intelligence officer, pitched himself as an aggravated outsider and focused his anger at the utility giant Dominion Energy, which had tried to route a natural gas pipeline through his property. However, Riggleman dropped out of the contest after a few months of weak fundraising, declaring that he'd sadly learned that "money seems to be the most important part of a campaign."

Riggleman surprisingly got another chance to run for office the following year, though, after first-term GOP Rep. Tom Garrett unexpectedly dropped out in bizarre fashion after winning renomination. The 5th District Republican Committee was tasked with picking a new nominee, and Riggleman ended up defeating Republican National Committee member Cynthia Dunbar, who had lost a convention for the neighboring 6th District just weeks prior, on the fourth and final ballot.

This race always looked like a longshot for Democrats, but the contest attracted national attention. Riggleman’s opponent was journalist Leslie Cockburn, the mother of actress Olivia Wilde, and Cockburn ended up raising a credible amount of money. And perhaps more importantly, Riggleman himself turned out to be an aficionado of Bigfoot erotica.

National Republicans ended up spending $600,000 in the final weeks of the campaign to aid Riggleman, which was a costly rescue mission at a time when the GOP was on the defensive in numerous other House seats. Riggleman won, though, and he showed up to his first day in Congress wearing … Bigfoot socks.

Riggleman soon had a more human political concern, though. After the congressman officiated a same-sex wedding over the summer, local Republican Parties in three small 5th District counties each passed anti-Riggleman motions. Good, who worked as an athletics official at Jerry Falwell Jr.’s Liberty University, soon launched his campaign against Riggleman, whom he'd describe as “out of step with the base of the party on life. He's out of step on marriage. He's out of step on immigration. He's out of step on health care.”

Falwell himself backed Riggleman, but local party leaders weren’t so supportive. The 5th District Committee voted to decide its nominee through a convention, a gathering that tends to be dominated by conservative activists, rather than a primary. It also didn’t escape Riggleman’s attention that the convention was taking place at Good’s own church.

Riggleman himself publicly bashed the 5th District Committee’s handling of the nominating contest, especially after the coronavirus pandemic indefinitely delayed the convention. Chairman Melvin Adams also didn’t hide his frustration with the congressman, telling Roll Call, “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. This committee is not trying to rig things.”

The party ended up holding its convention in the parking lot of Good’s church, an event that allowed 2,537 delegates to eject Riggleman from Congress from the comfort of their cars. Riggleman claimed that “[v]oting irregularities and ballot stuffing” took place, insinuating that it decided the outcome, and he said his campaign is evaluating its options, which could include legal action.

Election Changes

Please bookmark our litigation tracker for a complete compilation of the latest developments in every lawsuit regarding changes to election and voting procedures.

Iowa: Iowa's Republican-run state House has almost unanimously approved a bipartisan compromise that would require Republican Secretary of State Paul Pate to seek approval from a special panel of lawmakers to send unsolicited absentee ballot applications to voters. A day earlier, the state Senate, which is also controlled by Republicans, passed a bill that would forbid Pate from sending out applications altogether, as he did before the state's June 2 primary.

Under the House measure, Pate would have to get the sign-off of Iowa's Legislative Council, which describes itself as a "steering committee" that, explains the Quad-City Times, is empowered to act on behalf of the full legislature when it's not in session. The 20-member panel includes 11 Republicans and nine Democrats. It would have to approve any emergency changes Pate might propose, including mailing applications or altering the absentee voting period (something Pate also did before the primary, increasing it from 29 days to 40).

It's not clear whether the Senate will concur with the House, though, and Republican Gov. Kim Reynolds has not expressed a view on either bill.

North Carolina: Democratic Gov. Roy Cooper has signed a bill that will make mail voting easier by reducing the requirement that voters have two witnesses or a notary sign their ballots, instead requiring just a single witness. However, the legislation also prevents local election officials from conducting all-mail elections, and it contains a provision that could help Republicans revive their voter ID law, which two separate courts have blocked from taking effect.

Tennessee: A state court judge warned Tennessee officials that they could be held in criminal contempt for their refusal to follow an order she recently issued instructing them to provide absentee ballots to all voters during the pendency of the coronavirus pandemic. "Shame on you for not following that procedure and just taking matters into your own hands," Chancellor Ellen Hobbs Lyle told the defendants, who emailed local officials after Hobbs' initial ruling and told them to "hold off" on sending out absentee applications.

A spokesperson for Republican Secretary of State Tre Hargett said the office was "working on complying" with Lyle's latest instructions, according to Courthouse News Service.

Vermont: Vermont's Democratic-run legislature has passed a bill that would remove Republican Gov. Phil Scott's power to block Democratic Secretary of State Jim Condos from ordering that the November general election be conducted by mail. Scott has said that he doesn't oppose the measure, which passed both chambers with veto-proof majorities. Condos has for months promoted a plan for holding nearly all-mail elections this year.

Senate

NH-Sen, NH-01: Donald Trump has waded into two Republican primaries in New Hampshire, which doesn't hold nominating contests until Sept. 8. In the race to take on Democratic Sen. Jeanne Shaheen, Trump's given his backing to wealthy attorney Corky Messner, despite the fact that retired Army Brig. Gen. Don Bolduc has claimed the NRSC supports his candidacy (the committee has, however, declined to confirm).

Meanwhile, in the 1st Congressional District, where the GOP is trying to unseat freshman Democratic Rep. Chris Pappas, Trump has endorsed Matt Mowers—an unsurprising move, given that Mowers previously worked as a Trump aide. Mowers faces former state party vice chair Matt Mayberry in the primary. Republicans are underdogs in both contests: Daily Kos Elections rates the Senate race as Likely Democratic and the 1st District as Lean Democratic.

House

GA-13: The Associated Press has now called the Democratic primary in Georgia's 13th District for Rep. David Scott outright, after first saying that Scott had been forced into an Aug. 11 runoff but then later retracting that call. Scott was leading former state Rep. Keisha Waites 51-27 on Friday afternoon, just over the 50% mark needed to avoid a second round. Waites entered the race late and spent virtually nothing, suggesting that the veteran Scott could be very vulnerable to a more aggressive challenger if he seeks another term in 2022.

NY-01: A Global Strategy Group poll for chemistry professor Nancy Goroff finds her trailing businessman Perry Gershon by a small 29-27 margin ahead of the June 23 Democratic primary in New York's 1st Congressional District, with Suffolk County Legislator Bridget Fleming at 17. GSG says that the numbers represent a substantial shift from a previously unreleased early April survey that gave Gershon, who was the party's 2018 nominee against GOP Rep. Lee Zeldin, a 33-16 lead over Fleming, with Goroff at just 11.

Thanks to a $1 million personal loan, Goroff was able to outspend Gershon $1.1 million to $453,000 during April and May (Gershon self-funded extensively last time but hasn't materially done so this cycle). Fleming was not far behind, spending $405,000 in the same timeframe. Goroff had a large $758,000 to $190,000 cash edge over Gershon for the final three weeks of the race, with Fleming sitting on $112,000, though presumably the wealthy Gershon could once again dip into his own bank account if he wanted to.

NY-16: Former principal Jamaal Bowman outraised Rep. Eliot Engel during April and May in new reports filed with the FEC, though Engel held a cash edge as of June 3, the close of the "pre-primary" filing period. Bowman brought in $431,000 versus $389,000 for Engel, but Engel had $826,000 left to spend in the final weeks compared to $345,000 for his challenger. However, Bowman finished the period strong, thanks to Engel's viral "If I didn't have a primary, I wouldn't care" blunder on June 2, and that surge appears to have continued past the FEC's reporting deadline, as the Bowman campaign says it raised $345,000 in the week following the gaffe.

Bowman has sought to further capitalize on Engel's misstep. A few days ago, Bowman released his first TV ad, which features a clip of Engel's now-infamous gaffe. The second half is more positive and shows images of Bowman alongside his would-be constituents, while a voiceover of the candidate himself proclaims, "We need a representative that cares about our communities year-round, not just during election season."

NY-17: End Citizens United, which has a track record of both spending and fundraising for its endorsees, has backed attorney Mondaire Jones in the June 23 Democratic primary for New York's open 17th Congressional District. Candidates also just filed so-called "pre-primary" fundraising reports with the FEC on Thursday, covering the period of April 1 through June 3. During that timeframe, Jones reported raising $295,000 and spending $500,000, leaving him with $339,000 for the stretch run.

In terms of spending, which is probably the most important metric at this late stage of the campaign, that puts Jones in the middle of the pack among notable contenders:

  • Adam Schleifer: $62,000 raised (plus $2.1 million loan), $3.3 million spent, $369,000 cash-on-hand
  • Evelyn Farkas: $340,000 raised, $787,000 spent, $242,000 cash-on-hand
  • David Buchwald: $47,000 raised (plus $300,000 loan), $329,000 spent, $514,000 cash-on-hand
  • Allison Fine: $53,000 raised, $100,000 spent, $29,000 cash-on-hand
  • David Carlucci: $89,000 raised, $86,000 spent, $101,000 cash-on-hand

UT-01: A poll of the GOP primary from Dan Jones & Associates on behalf of former U.S. Foreign Service officer Blake Moore in Utah's open 1st Congressional District finds an unsettled race, with Moore tying Davis County Commissioner Bob Stevenson at 16 apiece, former state Agriculture Commissioner Kerry Gibson taking 13, and Kaysville Mayor Katie Witt bringing up the rear with 7. That leaves a giant 48% undecided ahead of the June 30 primary.

Oddly, Moore is an employee of the consulting firm Cicero Group, which just so happens to be the parent company of Dan Jones. A memo from Dan Jones says that Moore was not involved "in poll gathering," but unsurprisingly, rival campaigns took shots at Moore over his connection to the pollster and questioned the results, though none offered alternate numbers.

Ad Roundup

Morning Digest: After blocking liberal bills, conservative Dem lawmakers lose New Mexico primaries

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 State Senate: Conservative Democrats in the New Mexico State Senate have blocked some important pieces of legislation, but progressives scored several key wins in Tuesday's primaries. Five incumbents lost to progressive challengers: Richard Martinez, Gabe Ramos, and Clemente Sanchez, who lost renomination to opponents who each took more than 60% of the vote; Senate Finance Committee chair John Arthur Smith, who lost 55-45; and finally Senate President Pro Tem Mary Kay Papen, the highest-ranking Democratic senator in the chamber, who lost 49-44.

Campaign Action

Republicans may make a play for some of these seats in the fall. Smith's SD-35 in the southwestern corner of the state backed Donald Trump 50-41, while Sanchez and Ramos' districts were very closely divided in the 2016 presidential contest. The other two constituencies, though, were overwhelmingly Democratic, and it would be a huge surprise if Team Blue's 26-16 majority is threatened.

Despite the partisan makeup of the chamber, though, conservatives have stopped progressive legislation supported by Democratic Gov. Michelle Lujan Grisham and the state House, where the party also holds a sizable majority. Conservative Democrats have been blamed for weakening legislation to increase the minimum wage and of blocking efforts to legalize marijuana.  

Perhaps worst of all, though, is the conservatives' actions on abortion rights. Last year, the House passed a bill to repeal a 1969 law that made it a felony to perform an abortion in most cases. However, all five of the aforementioned Senate Democrats, as well as three others, joined with the GOP minority to kill the legislation. The current anti-abortion law is unenforceable thanks to Roe v. Wade, but there's the terrifying possibility that a U.S. Supreme Court decision could make provisions like this one more than just a legal relic.

However, Tuesday's results, as well as a successful showing in November, could give progressives the chance to finally shape the agenda in New Mexico.

Election Changes

Please bookmark our litigation tracker for a complete compilation of the latest developments in every lawsuit regarding changes to election and voting procedures.

California: Democratic Gov. Gavin Newsom has issued an order allowing county election officials to reduce the number of in-person voting sites for the November general election, but in exchange, they must provide at least three days of early voting. Democratic Secretary of State Alex Padilla also said that there would be at least one in-person polling place for every 10,000 residents.

Meanwhile, a committee in California's Democratic-run state Senate has approved a bill requiring counties to send ballots to all voters for the November election. Newsom previously issued an order instituting the same mandate, but that order has been challenged by two Republican lawsuits that claim Newsom usurped the legislature's powers. If lawmakers pass legislation similar to Newsom's order, that could help insulate the state's vote-by-mail plans from further legal attack.

Michigan: A new federal lawsuit brought by the Democratic super PAC Priorities USA on behalf of a pair of civic organizations and three voters is seeking to have the state of Michigan pay for return postage on absentee ballots and accept all ballots postmarked by Election Day and received within 14 days, both for the state's Aug. 4 primary and the November general election.

Currently, ballots must be received by election officials no later than Election Day in order to count. Plaintiffs argue that their unusually long proposed receipt deadline is justified because state law does not require election results to be certified until 14 days after Election Day.

Ohio: Ohio's Republican-led state House is preparing to advance a bill that would eliminate three days of early voting right before Election Day and end the state's practice of sending absentee ballot applications to all active voters. Republican Secretary of State Frank LaRose and an organization representing election officials both expressed their opposition to the measure, saying it would lead to longer lines at polling places.

The bill's sponsor, Republican state Rep. Cindy Abrams, claims that cutting early voting would "clarify existing law" and that no longer mailing ballot applications would "save the state money." According to cleveland.com, Ohio spent $1.1 million to send out applications in 2016, the previous presidential election year. The state's most recent annual budget was $78.8 billion.

The legislation's claimed goal is to establish a set of emergency procedures that would allow for an all-mail election during the pendency of a public health crisis like the current pandemic. Republican Gov. Mike DeWine would have to issue a recommendation that the election be conducted by mail at least 60 days before Election Day, and the legislature would have to approve any such recommendation.

However, the state would not send ballots or even ballot applications to voters. Instead, the secretary of state would send postcards to voters explaining how they can request absentee ballots—similar to the heavily criticized procedures the state deployed for its canceled-then-rescheduled primaries earlier this year.

Pennsylvania: On Tuesday, a state court judge ruled that officials in Bucks County could count mail ballots cast in Pennsylvania's June 2 primary so long as they were postmarked by June 1 and are received by June 9. Bucks was not included in a Monday order by Democratic Gov. Tom Wolf that granted a similar extension to six other counties.

However, one of those counties, Delaware, sought and received further relief in the courts. Officials there had said they would be unable to send out 400 to 500 mail ballots in time for voters to return them and therefore planned not to send them at all. However, after a different state judge ruled that any such ballots could be counted as long as they are received by June 12—regardless of when they are postmarked—Delaware officials decided to send them out. The ruling is potentially subject to challenge since it allows voters to cast ballots after Election Day.

Vermont: Vermont's Democratic-run state Senate has passed a bill that would remove Republican Gov. Phil Scott's power to block Democratic Secretary of State Jim Condos from ordering that the November general election be conducted by mail, a plan Condos has long sought to implement. The state House, which is also controlled by Democrats, reportedly will also approve the measure. Scott has said he does not oppose the effort to remove him from the decision-making process.

Senate

CO-Sen: Former state House Speaker Andrew Romanoff is out with his first TV spot ahead of the June 30 Democratic primary. Romanoff talks about his work improving mental healthcare and declares, "But it shouldn't take a crisis to teach us our healthcare system is broken." Romanoff concludes by saying that "when you're fighting for your life, you shouldn't worry about how to pay for it."

GA-Sen-A: The GOP firm Cygnal is out with a survey of Tuesday's Democratic primary to face Republican Sen. David Perdue that shows investigative filmmaker Jon Ossoff very close to the majority of the vote he needs to avoid an August runoff. Cygnal, which conducted a general election poll for the Georgia House GOP Caucus about a month ago, tells us this poll was done for "an interested party," and the firm said it was not involved in this primary.

Cygnal finds Ossoff taking 49% of the vote, while former Columbus Mayor Teresa Tomlinson leads 2018 lieutenant governor nominee Sarah Riggs Amico 16-8 for second. The only other poll we've seen of this contest was a March University of Georgia survey that had Ossoff at 31%, while Tomlinson edged Amico 16-15. Cygnal also showed Ossoff beating Tomlinson 58-24 in a hypothetical runoff.

MN-Sen: Candidate filing closed Tuesday for Minnesota's Aug. 11 primaries, and the state has a list of contenders available here.

Appointed Democratic Sen. Tina Smith won the 2018 special election 53-42, and she's now seeking her first full term. Donald Trump and the rest of the party establishment have consolidated behind former Rep. Jason Lewis, who lost his re-election last cycle 53-47 to Democrat Angie Craig and faces minimal intra-party opposition in August.

Lewis, a former conservative radio host who has a long record of racist and misogynist tirades, hasn't attracted much outside help so far, though. Smith ended March with a wide $4.6 million to $714,000 cash-on-hand lead, and no major outside groups on either side have booked airtime here. Trump came surprisingly close to winning Minnesota in 2016, but he'll almost certainly need to flip the state this time for Lewis to have a shot. Daily Kos Elections rates this contest as Likely Democratic.  

MT-Sen: The Democratic group Majority Forward's new ad declares that GOP Sen. Steve Daines "voted for a $500 billion dollar slush fund to bail out big corporations, even Wall Street, on top of trillions in special tax breaks Daines voted to give them already." The narrator continues, "But Daines voted against paid leave for Montanans and refused to support relief for our hospitals and nurses."

NC-Sen, NC-Gov: The GOP firm Harper Polling is out with another survey for the conservative Civitas Institute, and it gives GOP Sen. Thom Tillis a small 38-36 edge against Democrat Cal Cunningham. Democratic Gov. Roy Cooper also leads Republican Dan Forest 49-37, while the sample favors Donald Trump 47-44. Back in mid-April, Harper showed Tillis and Cooper ahead 38-34 and 50-33, respectively, while Trump held a 49-42 advantage.

House

HI-02: Democratic state Sen. Kai Kahele, who launched his campaign early last year as a challenge to Rep. Tulsi Gabbard, now finds himself on a glide path to Congress after Tuesday's candidate filing deadline passed with no serious alternatives entering the race for Hawaii's safely blue 2nd Congressional District.

Gabbard's endless string of apostasies—from cozying up to Syrian dictator Bashar al-Assad to bashing Barack Obama for refusing to use the phrase "radical Islamic terrorism"—had made her a favorite of Fox News and anathema to progressives. However, she remained popular at home, making her a daunting target for any would-be rivals.

But Kahele, a combat pilot with the Air National Guard who's flown missions in Iraq and Afghanistan, was undeterred. He kicked off a bid in January of 2019, just after Gabbard embarked on a vanity run for president. That created an opening for Kahele, who was able to meet voters across the district while Gabbard was spending time in New Hampshire diners, underscoring a common complaint that Gabbard was more interested in boosting her national profile than in addressing problems at home.

Under Hawaii law, Gabbard was able to both pursue the presidency and seek re-election at the same time, though she long kept the political world guessing as to what she'd ultimately do. Finally, in October, she announced she wouldn't run for a fifth term, though it wasn't until after Tuesday's filing deadline that Kahele could be sure she wouldn't have a last-minute change of heart. (Gabbard of course eventually bailed on her presidential ambitions, too.)

Most surprisingly, in the long stretch from Gabbard's retirement announcement until now, not a single notable Hawaii Democrat joined Kahele in running for what had become an open seat, and few even considered it. Kahele's early start may have played a role, since he'd been able to amass a sizable war chest by the time Gabbard called it quits. He'd also earned support from several key figures in the state's political establishment, a movement that crescendoed in the spring when Hawaii's entire congressional delegation—minus Gabbard, of course—endorsed him.

While several other candidates did enter the race, none have even filed a single fundraising report with the FEC, making Kahele the prohibitive favorite to win the Aug. 8 primary. Assuming he does, he'll also be a lock for the November general election, given that Hillary Clinton carried the 2nd District by a 61-30 margin.

Victory in the fall would make Kahele just the second Native Hawaiian to represent the state in Congress after the late Sen. Dan Akaka. He'd also be he first from Hawaii's more rural Neighbor Islands, the term for every island apart from Oahu, which is home to the capital of Honolulu—and to every U.S. senator and representative the state has ever had.

IA-04: While state Sen. Randy Feenstra is no less extreme than the notorious figure he beat in Tuesday's primary, he does a much better job of saying the quiet parts quietly than soon-to-be-former Rep. Steve King. As such, that makes him what passes for a bog-standard Republican these days: build the wall, ban sanctuary cities, ban abortion, ban gay marriage, and swear undying fealty to Donald Trump—Feenstra's on board with the whole program.

And that in turn makes him a sure fit for Iowa's conservative 4th Congressional District, a heavily Republican area that's only grown more so in the Trump era. King's ability to generate funds for Democrats just by opening his mouth, plus a perception at home that he'd grown more interested in buffing his reputation with international members of the far-right than the concerns of his district, nearly cost him his career against Democrat J.D. Scholten in 2018, when he survived by just a 50-47 margin. That backdrop gave Scholten an opening once again, however slight.

But as the GOP's new nominee, Feenstra, won't trail the top of the ticket, where Trump is sure to dominate. Daily Kos is Elections is therefore changing our rating on this race from Likely Republican to Safe Republican.

MN-01: Republican Jim Hagedorn defeated Army veteran Dan Feehan 50.1-49.7 in a 2018 open seat contest, and Feehan is back for a rematch. Feehan, who faces no primary opposition, ended March with a wide $1.1 million to $787,000 million advantage, and outside groups on both sides have booked TV time in this area.

Despite his tiny win last cycle, though, Hagedorn has the edge this time. This southern Minnesota seat swung from 50-48 Obama to 53-38 Trump, so Feehan will likely need to win over a significant number of Trump voters to win this time. Daily Kos Elections rates this contest as Lean Republican.

MN-02: Democrat Angie Craig unseated Republican Rep. Jason Lewis 53-47 in 2018 to flip a suburban Twin Cities seat that both Barack Obama and Donald Trump narrowly carried, and Republicans don't seem to have a strong candidate to try to take it back. The only Republican in the running is Marine veteran Tyler Kistner, who ended March with a wide $2 million to $100,000 cash-on-hand deficit in a contest we rate as Likely Democratic.

MN-03: Democrat Dean Phillips unseated GOP incumbent Erik Paulsen 56-44 after an expensive race, but the new incumbent doesn't appear to be in any danger this time.

The only notable Republican in the race is healthcare executive Kendall Qualls, who trailed Phillips $346,000 to $242,000 in cash-on-hand at the end of March. While Phillips didn't have a large war chest for an incumbent, the district's shift to the left will make it hard for Qualls to gain traction: This suburban Twin Cities seat moved from 50-49 Obama to 51-41 Clinton, and Daily Kos Elections rates this contest as Safe Democratic.

MN-05: Rep. Ilhan Omar, who has been one of the most high-profile members of the freshman Democratic class, faces four opponents in the primary for this safely blue Minneapolis seat. Omar's most high-profile foe is attorney Antone Melton-Meaux, who has argued that Omar "appears to be more focused on her own celebrity than on serving the district." Omar ended March with a wide $1.3 million to $200,000 cash-on-hand lead over Melton-Meaux.

MN-07: Democratic Rep. Collin Peterson has held this rural western Minnesota seat for 30 years even as it has become more and more Republican, and he faces his greatest test this fall. The GOP establishment, including Donald Trump, has consolidated behind former Lt. Gov. Michelle Fischbach in this 62-31 Trump seat. A few other Republicans are running including self-funding physician Noel Collis and 2016/2018 nominee Dave Hughes, but it's unlikely they'll be able to stop Fischbach.

Peterson, who chairs the important House Agriculture Committee, ended March with a wide $1.1 million to $312,000 cash-on-hand lead over Fischbach. However, this seat gave Trump the highest vote share of any House district that Democrats currently hold, and with Trump almost certain to easily carry this seat again, it's likely that Republicans will invest plenty of money in their campaign to unseat the longtime incumbent. Daily Kos Elections rates this contest as a Tossup.

MN-08: Republican Pete Stauber flipped this seat 51-45 last cycle, and the new incumbent looks secure this time. The Democrats are fielding diabetes research advocate Quinn Nystrom, who is a former member of the Baxter City Council. Stauber ended March with a wide $849,000 to $103,000 cash-on-hand lead in a northeast Minnesota seat that swung from 52-46 Obama to 54-39 Trump, and Daily Kos Elections rates this contest as Safe Republican.

NJ-05: Glen Rock Councilwoman Arati Kreibich, who is challenging Rep. Josh Gottheimer in the July 7 Democratic primary, is out with a survey from Data for Progress that shows her losing 64-17. Kreibich argues that she makes gains when voters learn about her, though she still trails when respondents are exposed to positive and negative messaging about both contenders.  

NY-16: Veteran Democratic Rep. Eliot Engel, on his first visit back to his district in months, was caught on camera Tuesday pleading with Bronx Borough President Ruben Diaz Jr. for the chance to speak at a press conference, telling Diaz twice, "If I didn't have a primary, I wouldn't care."

While Engel was referring to his lack of a speaking slot at the event, which was convened after a night of looting along the Fordham Road retail corridor, the gaffe was quickly refracted as a commentary on Engel's feelings about his race and his constituents. Engel tried to explain away the remarks, saying, "In the context of running for re-election, I thought it was important for people to know where I stand, that's why I asked to speak," but his leading opponent, educator Jamaal Bowman, immediately seized on the blunder to call the 16-term incumbent out of touch and said he raised $150,000 in the 24 hours following the incident.

Last month, Engel was the subject of an unflattering profile in the Atlantic highlighting the fact that he had holed up in his DC-area home for the duration of the pandemic, not even returning to New York when the state's first coronavirus epicenter was identified in the city of New Rochelle, which is in his district. (Many other members of New York's delegation, including several fellow committee chairs, had managed to split time between Washington and their home turf.)

Bowman's campaign had in part centered around Engel's alleged absenteeism even before the pandemic, immediately making Tuesday's hot mic comments part of a pre-existing narrative about the race. But Bowman only has three more weeks to make his case ahead of the June 23 primary for the safely blue 16th District, and Engel had a roughly five-to-one cash advantage as of the end of March. However, the financial picture—and the race itself—might now look very different going forward.

P.S. Oddly, the event Engel was attending wasn't even in his district: It was held at an intersection on the border of the 13th and 15th Districts. 13th District Rep. Adriano Espaillat was in attendance, as were a long list of other local politicians. It's understandable, then, why Diaz told Engel, "I cannot have all the electeds talk because we will never get out of here" and snapped back, "Don't do that to me—everybody has a primary" when Engel tried to plead his case.

NY-17: In his second TV spot for the June 23 Democratic primary, attorney Mondaire Jones tells the audience, "I'm grateful to the grocery store workers and delivery people who help us get through this crisis. Don't they deserve affordable healthcare? Doesn't everyone?" Jones talks about growing up on food stamps and declares, "No one should lose their healthcare because they've lost their job." Jones concludes by saying he's the one Democrat in the contest who backs Medicare for All.

NY-27: On Tuesday, Donald Trump implored his Twitter followers to vote for state Sen. Chris Jacobs on June 23. Trump had already endorsed Jacobs in February for the special general election to succeed disgraced Rep. Chris Collins, though the political calendar looked different at the time. Back then, the special was set for late April while the regular primary was in June, but the coronavirus pandemic led Gov. Andrew Cuomo to consolidate the two contests.

Jacobs' primary opponents have insisted that Trump's earlier endorsement only applied to the special, but that's a tougher argument to make now. Trump himself didn't refer to either the special or the primary, though, he simply tweeted, "Chris has my Complete and Total Endorsement! Vote for Chris on June 23!"

TX-10: 2018 Democratic nominee Mike Siegel picked up an endorsement this week from freshman Rep. Veronica Escobar. Siegel faces physician Pritesh Gandhi in the July 14 Democratic primary runoff to take on veteran GOP Rep. Michael McCaul.

Election Result Recaps

Baltimore, MD Mayor: With 80,000 votes counted, former Mayor Sheila Dixon leads City Council President Brandon Scott 30-25 in the Democratic primary for mayor. It's not clear how many votes remain to be counted, though the head of the city's board of elections says that it will resume tabulating mail-in ballots on Thursday. Whoever emerges with the Democratic nomination should have no trouble winning the general election in this very blue city.

Ferguson, MO Mayor: Ferguson elected its first-ever black mayor, as well as its first woman leader, on Tuesday when City Councilwoman Ella Jones defeated colleague Heather Robinett 54-46. Voters in this St. Louis suburb also made history by electing a black majority to the local school board.

Ferguson attracted global attention in 2014 after a white police officer shot and killed unarmed black teenager Michael Brown, sparking focus for Black Lives Matter. One big fact stood out amidst the city's botched handling of the protests that followed Brown's death: While Ferguson is two-thirds black and heavily Democratic, this municipality of 21,000 was led by a white Republican mayor, James Knowles. Five of Ferguson's six city councilmembers were also white, as were six of the seven local school board members. In large part because local elections didn't take place the same day as state or federal ones, very low turnout produced a majority-white electorate.

However, reformers made gains the next year when Jones and another black candidate won seats on the City Council in a contest that attracted much higher turnout than normal. Another African American joined the body the next year, which gave it a black majority for the first time. In 2017, though, Jones challenged Knowles for re-election and lost 56-44. But Knowles, who has been in office since 2011, was termed-out this year, and Jones won a three-year term to succeed him.

IA-Sen: Businesswoman Theresa Greenfield won the Democratic nomination to face GOP Sen. Joni Ernst by defeating retired Navy Vice Adm. Michael Franken 48-25. Greenfield had the support of national Democratic groups like Senate Majority PAC, which spent close to $7 million on her behalf, and EMILY's List.

Greenfield will be in for a difficult race against Ernst in a state that moved hard to the right in 2014 and 2016, but as SMP's big primary investment demonstrates, this is a contest that outside groups are taking very seriously. The DSCC and SMP have booked $20.4 million to unseat Ernst, while the senator's allies at the NRSC and the Senate Leadership Fund have reserved a total of $15.2 million to defend her. The only survey we've seen here all year, an early May poll from the Democratic firm Public Policy Polling, had Ernst ahead just 43-42. Daily Kos Elections rates this contest as Lean Republican.

IA-02: State Sen. Mariannette Miller-Meeks, who was the party's nominee here in 2008, 2010, and 2014, won the GOP nod for this competitive seat once again by beating former Illinois Rep. Bobby Schilling 48-37. Miller-Meeks will take on former state Sen. Rita Hart, who had no Democratic primary opposition, in the contest to succeed retiring Democratic Rep. Dave Loebsack.

This southeastern Iowa seat swung from 56-43 Obama to 49-45 Trump, and it will be one of the House GOP's top targets. However, this terrain has been more difficult for Team Red downballot. Loebsack turned back Miller-Meeks 52-47 during the 2014 GOP wave, and 2018 Democratic gubernatorial nominee Fred Hubbell, who had Hart on his ticket as his nominee for lieutenant governor, carried the district 51-47 as he was narrowly losing statewide. Daily Kos Elections rates this contest as Lean Democratic.

IN-01: In a surprise, North Township Trustee Frank Mrvan defeated Hammond Mayor Thomas McDermott 34-29 in the Democratic primary to succeed retiring Rep. Pete Visclosky in this safely blue seat. Mrvan will take on Republican Mark Leyva, who has run here during 10 of the last 12 election cycles and never come close to winning.

McDermott, a self-described moderate who considered challenging Visclosky before the incumbent retired, looked like the frontrunner for this northwest Indiana seat. The mayor deployed the most cash, and he also received a $525,000 boost from third-party groups—mostly from VoteVets and an organization called Democratic Progress, whose treasurer works for a super PAC that backs independent candidates. Another candidate, state Rep. Mara Candelaria Reardon, also benefited from outside support.

Mrvan, meanwhile, raised very little money, though some allied PACs dropped about $110,000 to help him. However, Mrvan had the support of Visclosky and the local branch of the United Steelworkers of America, which is a prominent force in a district with a large steel industry. Mrvan may have benefited from some family name recognition: His father and namesake is local state Sen. Frank Mrvan, who was first elected in 1978 and has served in the legislature almost continuously since then.

IN-05: State Sen. Victoria Spartz won a truly ugly GOP primary to succeed retiring GOP Rep. Susan Brooks in this open seat by defeating businesswoman Beth Henderson 41-18. Spartz will take on former state Rep. Christina Hale, who beat 2018 nominee Dee Thornton 39-28 in a race that didn't attract much outside attention.

Spartz used her personal resources to decisively outspend all of her opponents, while her allies at the anti-tax Club for Growth ran ads attacking Henderson and another candidate, former Marion County Prosecutor Carl Brizzi. Henderson, who was backed by Sen. Mike Braun, in turn launched a xenophobic and misogynist ad against the Ukrainian-born Spartz.

This suburban Indianapolis seat was safely red turf until the Trump era, but Democrats are hoping to score a pickup here this fall. This district moved from 58-41 Romney to 53-41 Trump, and former Democratic Sen. Joe Donnelly narrowly prevailed here 48.4-47.9 in 2018 even though he lost 51-45 statewide. So far, no major outside groups on either side have booked TV time in the Indianapolis media market, which covers the entire district, though there's still plenty of time for that to change. Daily Kos Elections rates this contest as Lean Republican.

MD-07: Democratic Rep. Kweisi Mfume, who recently returned to the House after a 24-year absence, beat former state party chair Maya Rockeymoore Cummings 78-9 in the primary for this safely blue Baltimore seat. Mfume defeated Rockeymoore Cummings 43-17 back in February in the special primary to succeed her late husband, Rep. Elijah Cummings.

MT-Gov: Rep. Greg Gianforte won the GOP primary by defeating Attorney General Tim Fox 53-27, while Lt. Gov. Mike Cooney beat businesswoman Whitney Williams 55-45 to secure the Democratic nod. Gianforte and Cooney will face off in the fall in the contest to succeed termed-out Democratic Gov. Steve Bullock, who is Team Blue's nominee for the Senate.

Republicans last won the governorship in Montana in 2000, but that losing streak may finally come to an end in 2020 thanks to the state's increasingly red trend. Gianforte, who threw down $1.5 million of his own money for the primary, also may be able to decisively outspend Cooney. Daily Kos Elections rates this contest as Lean Republican.

However, while Gianforte is the favorite in the fall, he's hardly invincible. The now-congressman was the party's nominee back in 2016, and Democrats ran a barrage of ads portraying the former New Jersey resident as a greedy outsider eager to deny the public access to waterways for fishing and swimming that were located near his "riverfront mansion"—so much so that he in fact went to court. Gianforte ultimately lost to Bullock 50-46 even though Trump carried Montana by a dominant 56-35 margin.

Undeterred by his loss, Gianforte ran in a special election for Montana's lone House seat when Rep. Ryan Zinke temporarily got beamed up to Trump's cabinet. Gianforte made international news the night before Election Day by body-slamming reporter Ben Jacobs after he asked Gianforte a question about Obamacare. Gianforte filed a statement with the police afterwards in which he claimed that Jacobs had provoked the attack—an utter lie, and a particularly shameful one since several witnesses were present and the incident was also captured on audiotape.

Gianforte ended up winning 50-44, but since most voters had already cast their ballots ahead of Election Day, it's not clear how much damage this story did or didn't do to the Republican's political fortunes. A few months after the election, Gianforte pleaded guilty to misdemeanor assault. The congressman paid a $385 fine and was sentenced to 40 hours of community service as well as another 20 hours of training for anger management. However, Gianforte was never charged with lying to the police. He and Jacobs also reached a settlement in which Gianforte accepted responsibility for his actions and agreed to donate $50,000 to the Committee to Protect Journalists, heading off a lawsuit by Jacobs.

Gianforte faced an expensive re-election contest last cycle against Democrat Kathleen Williams, who ran ads going after the incumbent for his attack on Jacobs. However, one high-profile Republican was very much not bothered by Gianforte's transgressions. Donald Trump ventured to Montana in October and told a rally, "Greg is smart and, by the way, never wrestle him." In case that was too subtle, Trump pantomimed throwing someone to the ground and added, "Any guy that can do a body slam—he's my guy." Gianforte went on to beat Williams by a modest 51-46 margin.

MT-AL: State Auditor Matt Rosendale, who was the GOP's nominee for Senate last cycle, defeated Secretary of State Corey Stapleton 48-33 in the primary for this open seat. Rosendale, who had Donald Trump's endorsement, will take on 2018 Democratic nominee Kathleen Williams, who defeated state Rep. Tom Winter by a lopsided 89-11 margin.

Williams held GOP Rep. Greg Gianforte, who gave up this seat to run for governor, to a 51-46 win last cycle. However, while Rosendale's 50-47 loss against Democratic Sen. Jon Tester shows he can be defeated in this red state, he'll probably be harder for Williams to attack than the notorious Gianforte was. Daily Kos Elections rates this contest as Likely Republican.

NM-02: 2018 GOP nominee Yvette Herrell beat businesswoman Claire Chase 45-32, which earned Herrell a rematch against freshman Democratic Rep. Xochitl Torres Small. This was a truly ugly primary, with both candidates calling one another enemies of Trump; Herrell was even accused of spreading rumors about Chase's first marriage.  

This southern New Mexico seat backed Donald Trump 50-40, but Herrell lost it to Torres Small 51-49 two years later. Team Blue was eager to face Herrell again following that defeat, and the Democratic group Patriot Majority even ran ads during the final weeks of the primary designed to help Herrell against Chase. A GOP establishment-flavored group called Defending Main Street tried to counter with anti-Herrell ads, but it was too little, too late.

Still, while Democrats have the opponent they want, Herrell could still win in a seat this red. Torres Small is a very strong fundraiser, though, and she proved in 2018 that she's able to secure crossover votes. Daily Kos Elections rates this contest as a Tossup.

NM-03: Attorney Teresa Leger Fernandez won the Democratic primary to succeed Senate nominee Ben Ray Luján in this reliably blue seat by beating former CIA agent Valerie Plame 42-25.

This was a very expensive contest and Plame, who was at the center of a national firestorm that lasted for years during the presidency of George W. Bush after her name was publicly leaked, decisively outspent Leger Fernandez. However, several outside groups, including EMILY's List, spent heavily on ads touting Leger Fernandez's local roots in northern New Mexico.

P.S. Tuesday's primary results mean that all of New Mexico's House seats will almost certainly be represented next year by women of color, which would be a first in American history for a state with more than two districts. Leger Fernandez is Latina, while 1st District Rep. Deb Haaland, who holds a safely blue seat, is a member of the Laguna Pueblo Native American people. Over in the 2nd District, Democratic Rep. Xochitl Torres Small is the granddaughter of Mexican immigrants, while GOP nominee Yvette Herrell is a member of the Cherokee Nation.

PA-01: In a surprise, GOP Rep. Brian Fitzpatrick held off underfunded businessman Andrew Meehan, who was challenging the "anti-Trump, Trump hating RINO" congressman for renomination, just 57-43. On the Democratic side, Christina Finello, who has worked as a Bucks County housing department official, beat businessman Skylar Hurwitz 77-23.

While much of the party base seems quite angry at Fitzpatrick, who has always portrayed himself as a moderate, it remains to be seen if Democrats can exploit his problems. Finello, who became the party's frontrunner after the two most prominent contenders dropped out, raised a total of just around $210,000 through mid-May, and we'll need to see if she can do better now that she's the nominee. Fitzpatrick, meanwhile, is a very strong fundraiser who will have all the money he needs to defend himself.  

This seat, which is centered around Bucks County north of Philadelphia, narrowly backed both Barack Obama and Hillary Clinton, but Fitzpatrick won an expensive contest 51-49 during the 2018 Democratic wave. With the cash battle so lopsided, at least for now, Daily Kos Elections rates this contest as Likely Republican.

PA-07: Businesswoman Lisa Scheller defeated 2018 primary runner-up Dean Browning, who is also a former member of the Lehigh County Commission, 52-48 in the GOP primary to face freshman Democratic Rep. Susan Wild. Scheller, who has self-funded much of her campaign, decisively outspent Browning, and she also had the backing of House Minority Leader Kevin McCarthy. Scheller picked up an endorsement in the final days of the contest from Donald Trump, a tweet that may have made all the difference in this close race.

This Lehigh Valley district shifted from 53-46 Obama to just 49-48 Clinton, but Wild decisively won an open seat race last cycle after national Republicans abandoned their nominee. Scheller may prove to be a better contender, but Wild has over $1.5 million to defend herself in a race we rate as Lean Democratic.

PA-08: Former Trump administration official Jim Bognet beat former police officer Teddy Daniels 28-25 in the GOP primary to take on Democratic Rep. Matt Cartwright; Army veteran Earl Granville, who had House Minority Leader Kevin McCarthy's endorsement, finished just behind with 24%.

This seat in the Scranton/Wilkes-Barre area swung from 55-43 Obama to 53-44 Trump, but Cartwright turned back a self-funding opponent last cycle by a convincing 55-45 margin. However, the incumbent could be in considerably more danger with Trump at the top of the ballot. Bognet, for his part, has made sure to emulate the GOP leader by running racist ad after racist ad declaring that he'll punish China for having "sent us the Wuhan flu."

Bognet raised only about $300,000 from when he entered the race in January through mid-May, though he may attract considerably more attention now that he's the GOP nominee. Democrats are already preparing for an expensive race in any case: House Majority PAC has reserved $1.8 million in fall TV time in the Wilkes-Barre media market, which contains most of this seat, though Republicans have yet to book time. Daily Kos Elections rates this contest as Lean Democratic.

PA-10: With 38,000 votes counted, state Auditor General Eugene DePasquale leads attorney Tom Brier 63-37 in the Democratic primary to take on GOP Rep. Scott Perry. The Associated Press has not yet called the race, and The Patriot-News reported Wednesday that there are still 40,000 ballots to be counted in Dauphin and Cumberland Counties, while most votes are in for DePasquale's York County base. (This district includes 80% of Cumberland County and all of Dauphin County.)

Brier is leading 66-35 in Dauphin County, while he has a bare majority in Cumberland County, so he'll likely pick up ground as more votes come in. Gov. Tom Wolf's recent executive order requires any mail ballots in Dauphin County that are received by June 9 to be counted as long as they were postmarked by Election Day, so we may not have a resolution here until next week.

Special Elections: Here's a recap of Tuesday's two Massachusetts special elections, including a Democratic flip:

MA-HD-3rd Bristol: Democrat Carol Doherty defeated Republican Kelly Dooner 57-43 to flip this seat for Team Blue. Though this district backed Hillary Clinton 52-42 and Barack Obama 58-40, former GOP state Rep. Shaunna O'Connell routinely won re-election, making Doherty's win a significant downballot shift for this district.

This victory continues Democrats' streak of flips in the Bay State; two weeks ago, Democrats flipped two state Senate districts that were similarly blue at the federal level.

MA-HD-37th Middlesex: Democrat Danilo Sena easily beat Republican Catherine Clark 74-26 to hold this seat for his party. Sena's win was large even for this strongly Democratic district, running well ahead of Clinton's 62-31 win and Obama's 57-41 win here.

The composition of this chamber is 127-31 (with one independent member) with one other seat vacant.