Wisconsin Republicans are hot to start impeaching Democrats. Here’s how we blow up those plans

Power-drunk Wisconsin Republicans, relying on maps they rigged themselves, just secured another ill-gotten weapon in the November midterms—the ability to impeach and remove government officials without a single Democratic vote. And they intend to use it: Right after the election, the Republican speaker of the state Assembly warned that his party’s new two-thirds supermajority in the Senate means the GOP “can take out people who aren't doing their job,” adding that it’s “a new power that we did not have a week ago.”

The good news is, we can take it right back. A longtime Republican senator recently resigned from the legislature, prompting a special election in a challenging but winnable district in the Milwaukee suburbs. If Democrats can win that race on April 4, then poof—the GOP’s Senate supermajority vanishes, and with it, the threat to oust Democrats like Gov. Tony Evers simply for being Democrats.

That’s why Daily Kos is endorsing attorney Jodi Habush Sinykin in this critical race.

Can you donate $10 or even $20 now to help Democrats flip a key seat in Wisconsin and nuke the GOP’s impeachment menace?

Habush Sinykin is exactly the sort of progressive we need. She’s an environmental lawyer with deep roots in her community who helped enact the historic Great Lakes Compact to safeguard at-risk waters and worked to pass legislation to regulate cruel puppy mills. She will fight to lower healthcare costs, invest in education, and above all, protect abortion rights. Believe it or not, abortion is now illegal in Wisconsin thanks to a ban that dates all the way back to 1849—a time when slavery was still lawful in this country. Habush Sinykin will be both a voice and a vote against that ban.

Fortunately, Habush Sinykin has the field to herself, since she’s the only Democrat in the race. Republicans, however, have three candidates running, each worse than the last, and they are in for a messy, messy primary on Feb. 21.

There’s state Rep. Dan Knodl, who signed a letter to Mike Pence asking him not to certify the results of Joe Biden’s victory on Jan. 6, 2021. Then there’s Van Mobley, president of the small village of Thiensville, who was the first elected official in the state to back Donald Trump and called efforts to halt the spread of COVID a “lie.” But the most special is state Rep. Janel Brandtjen, a certifiable election conspiracy theorist who wanted fellow lawmakers to “recall” the state’s 10 Biden electors, has earned the endorsement of the top anti-abortion group in the state, and is so toxic that her fellow Republicans banned her from attending caucus meetings!

But whichever Republican emerges from this dogpile will still have a built-in advantage, because the GOP gerrymandered the 8th District to insulate itself from voters: While the previous version of this seat was almost evenly divided between support for Biden and Trump, the redrawn district would have backed Trump by a 52-47 margin. But Republicans are in a race against time, because this well-educated, affluent area has moved sharply away from the GOP during the Trump era and continues to do so. That alone gives us a fighting chance.

But Republicans know the stakes just as well as we do. They don’t want to relinquish their supermajority status because they want to be able to terrorize Democrats who might dare cross them. And while they fell just short in 2022, two years from now, they’ll try once more to seize a two-thirds majority in the Assembly, too, which would allow them to override any vetoes by Evers.

We can smash a hole in all of those plans by winning this special election in April, but Wisconsin Democrats need our help right away, because there’s going to be a torrent of dark money flooding into this race just as quickly as you can say “Koch brothers.”

Please send $10 or $20 to Jodi Habush Sinykin right now so that she can flip a key seat in the Wisconsin state Senate and erase the GOP’s ill-gotten supermajority!

Morning Digest: Democrats and Republicans unite to elect an independent as speaker … in Pennsylvania

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

Subscribe to The Downballot, our weekly podcast

Leading Off

PA State House: In a pair of true surprises, moderate Democrat Mark Rozzi was elected speaker of the Pennsylvania state House Tuesday just before he announced that he’d lead the chamber as an independent.

Rozzi, who will be the first non-aligned speaker in the history of the body, defeated Republican state Rep. Carl Metzgar 115-85 after Democratic leader Joanna McClinton threw her support behind him rather than submit her own name. Following that endorsement, the entire Democratic caucus supported Rozzi, while 16 Republicans crossed over to back him. Rozzi’s win comes after two months of uncertainty about which party would lead the chamber, though few observers guessed that the answer would be neither.

Democrats, including Rozzi, won 102 of the 203 seats in the House on Nov. 8, which appeared to set them up for their first majority since the 2010 GOP wave. However, Democrats could only claim 99 members because state Rep. Tony DeLuca was re-elected a month after he died, while fellow Pittsburgh-area Democrats Summer Lee and Austin Davis resigned weeks later to prepare to assume their new roles as congresswoman and lieutenant governor, respectively. Republicans therefore began Tuesday with a 101 to 99 advantage, but no one knew if that would be enough for the party to elect a speaker.

Indeed, a deadlock appeared certain after one Republican joined the Democratic caucus in voting to adjourn during the middle of the day―a tied vote that failed because the remaining 100 Republicans were opposed. Unexpectedly, though, multiple Republicans and Democrats soon nominated Rozzi, whose name hadn’t previously been seriously mentioned. Rozzi prevailed with the support of all of the Democrats and a minority of Republicans, including Bryan Cutler, who had been speaker going into November’s elections.

So, what happens next? First, there will almost certainly be a vacant GOP-held seat before long, as state Rep. Lynda Schlegel Culver is the favorite to win the Jan. 31 special election for a dark red state Senate district. Culver’s 108th House District supported Donald Trump 65-33 in 2020, but her absence could deny her party a crucial vote in the closely divided lower chamber until a special election could take place. PennLive.com says such a race likely wouldn’t take place before May 16, which is the same date as Pennsylvania's regular statewide primary.

As for the three vacant Democratic constituencies, both parties agree that a Feb. 7 special will go forward in DeLuca’s HD-32, which went for Joe Biden 62-36. In Pennsylvania special elections, the parties, rather than voters, choose nominees: Democrats have selected local party official Joe McAndrew, while Republicans are fielding pastor Clay Walker.

There’s no agreement, however, about when the contests for Lee’s and Davis’ constituencies will take place. That’s because legislative special elections are scheduled by the leader of the chamber with the vacant seat, but there was no speaker between late November, when the last session ended, and Tuesday. That duty, as a result, fell to the majority leader, and both McClinton and Cutler claimed that title in December, issuing dueling writs of election: McClinton set these two specials to also take place on Feb. 7, while Cutler picked May 16.

Cutler filed a lawsuit to block McClinton’s schedule, but the Pennsylvania Department of State is going forward with February specials right now. There’s no question that Democrats will hold Lee’s HD-34, which Biden took 80-19, but the president pulled off a smaller 58-41 win in Davis’ HD-35.

Democrats in the former district have picked Swissvale Borough Council President Abigail Salisbury, who will go up against kickboxing instructor Robert Pagane. The Democratic nominee to succeed Davis is Matt Gergely, who serves as finance director for the community of McKeesport. Local Republicans are running Don Nevills, who lost to Davis 66-34 in November; Nevills himself has said in his social media posts that the special will be Feb. 7.

P.S. Rozzi’s win makes this the second time in the 21st century that Pennsylvania Democrats successfully maneuvered to stop Republicans from taking the speakership. In 2006, Democrats likewise won a 102-101 majority, but one of their members, Thomas Caltagirone, soon announced he’d cross party lines to keep Republican John Perzel on as speaker instead of electing Democrat Bill DeWeese. DeWeese, who was speaker in 1994 when Democrats last controlled the chamber, ended up nominating Republican Dennis O'Brien rather than put his name forward; O’Brien ultimately won 105-97.

Democrats secured a workable majority the following year, and Keith McCall became the party’s first, and to date only, speaker since DeWeese. In a strange twist, DeWeese and Perzel went on to become cellmates after being convicted in separate corruption cases. Incidentally, one House Democrat heavily involved in the plan to make O'Brien speaker was Josh Shapiro, now the governor-elect of Pennsylvania.

Senate

AZ-Sen: Doug Ducey, whose tenure as governor ended on Monday, said before Christmas he was "not running for the United States Senate" and that "it's not something I'm considering." And just like two years ago, Ducey's fellow Republicans are not taking this seemingly unequivocal statement as final: Utah Sen. Mitt Romney, who is another Republican on Donald Trump's shit list, instead told The Hill, "I hope that he'll get in."

Former state Board of Regents member Karrin Taylor Robson, who narrowly lost last year's primary to succeed Ducey, may be more interested in campaigning for the Senate seat held by Democrat-turned-independent Kyrsten Sinema. Vox's Christian Paz writes that Taylor Robson "told me she is not ruling out running for statewide office again," though it's not clear if the former regent said anything about the Senate in particular.

On the Democratic side, Rep. Ruben Gallego released late-December numbers from Public Policy Polling showing a tight race whether or not Sinema runs. The survey found Republican Kari Lake, who continues to deny her loss to now-Gov. Katie Hobbs, edging out Gallego 41-40, with Sinema grabbing 13%. When the incumbent is left out, however, it's Gallego who leads Lake 48-47. The congressman has made it clear he's likely to run, while NBC reported last month that Lake is trying to recruit Pinal County Sheriff Mark Lamb rather than campaign herself.

The poll was conducted days before The Daily Beast's Sam Brodey reported that Sinema's office had a 37-page guide for staffers that includes tasks that "appear to go right up to the line of what Senate ethics rules allow, if not over." Among other things, Brodey writes that Sinema requires her subordinates perform personal tasks for her, including arranging massages and buying groceries on their own dime, which she later reimburses them for.

The Senate's ethics handbook, though, specifies that "staff are compensated for the purpose of assisting Senators in their official legislative and representational duties, and not for the purpose of performing personal or other non-official activities for themselves or on behalf of others." Sinema's spokesperson told Brodey that "the alleged information—sourced from anonymous quotes and a purported document I can't verify—is not in line with official guidance from Sen. Sinema's office and does not represent official policies of Sen. Sinema's office."

IN-Sen, IN-Gov: Bellwether Research released mid-December numbers before Christmas for the 2024 GOP primaries for the Senate and governor: The firm previously worked for former Gov. Mitch Daniels, who is a prospective Senate candidate, but a Daniels consultant tells Politico's Adam Wren that this survey was done without his knowledge.

The firm tested out hypothetical Senate scenarios with and without Daniels, who just completed his tenure as president of Purdue University. We'll start with the former matchup:

former Purdue University President Mitch Daniels: 32

Rep. Jim Banks: 10

former Rep. Trey Hollingsworth: 9

Rep. Victoria Spartz: 7

Attorney General Todd Rokita: 7

Someone Else: 6

In the Daniels-free scenario, Rokita leads Banks 16-14 as Spartz and Hollingsworth grab 12% and 11%, respectively.

Spartz herself quickly publicized her own numbers from Response:AI that put Daniels in front with 35% as she and Banks deadlocked 14-14 for second. That survey placed Hollingsworth at 6% while two people who were not tested by Bellwether, 2022 House nominee Jennifer-Ruth Green and disgraced former Attorney General Curtis Hill, took 4% and 2%. Wren recently named Hill, whom we hadn't heard mentioned for Senate, as a possible candidate, though there's been no sign yet that he's thinking about campaigning.

None of the other Republicans tested in either poll are currently running for the Senate either, and Daniels' ultimate decision may deter some of them from getting in. Indeed, an unnamed person close to Spartz told Politico that she may decide not to go up against the former governor: The congresswoman, writes Wren, "declined to comment on that question, but told POLITICO she is seeking a meeting with Daniels before making her decision."

A Banks ally, though, insists his man "won't make his decision based on what others do and I think the poll numbers released by Daniels and Spartz will only embolden him to run."

Bellwether also posted numbers for the GOP race to succeed termed-out Gov. Eric Holcomb:

Sen. Mike Braun: 25

Attorney General Todd Rokita: 9

Lt. Gov. Suzanne Crouch: 7

former Rep. Trey Hollingsworth: 6

Businessman Eric Doden: 3

Someone Else: 9

Braun, Crouch, and Doden are currently running.

Governors

KY-Gov: State Rep. Savannah Maddox announced days before Christmas that she was dropping out of the packed May Republican primary to face Democratic Gov. Andy Beshear.

An unnamed GOP source soon told the Lexington Herald Leader they believed Maddox's departure means that Papa John's founder John Schnatter "could get in the race, since he's got the resources and with Savannah not in the race it could open up a lane." Schnatter, who resigned as board chairman in 2018 after news broke that he'd used racist language, has not taken any obvious steps toward running ahead of Friday's filing deadline.

Self-funder Kelly Craft, meanwhile, is not waiting until the field fully takes shape to go up with the first TV campaign ad of the contest, which the paper says ran for $114,000 from Dec. 27 to Jan. 3. Craft uses the message to tout her roots growing up on a farm in Barren County in the south-central party of the state, and she goes on to tout how she went on to become ambassador to the United Nations. The ad shows photos of Craft with Donald Trump, who is supporting Attorney General Daniel Cameron for the GOP nod.  

MS-Gov: The Daily Journal reported before Christmas that Secretary of State Michael Watson is indeed considering taking on Gov. Tate Reeves in this August's Republican primary. Watson and other potential contenders have until the Feb. 1 filing deadline to make up their minds, but there's one name we can already cross off. While former state Rep. Robert Foster, who took third in 2019, reportedly was thinking about another campaign over the summer, he announced last week that he'd instead run for a seat on the DeSoto County Board of Supervisors.

NC-Gov, NC-??: The conservative Washington Examiner relayed in mid-December that former Rep. Mark Walker is considering seeking the Republican nomination for governor or to return to the House after his party crafts a new gerrymander. Walker last cycle campaigned for the Senate even though Donald Trump tried to persuade him to drop down and run for the lower chamber, but he earned just 9% of the primary vote for his stubbornness.

House

MD-05: Veteran Rep. Steny Hoyer told CNN Sunday that he hadn't ruled out seeking re-election in 2024 even though he's no longer part of the Democratic leadership. "I may. I may," the incumbent said about waging another run.

MD-08: Democratic Rep. Jamie Raskin said last week that he'd "been diagnosed with Diffuse Large B Cell Lymphoma, which is a serious but curable form of cancer." Raskin added that he was "about to embark on a course of chemo-immunotherapy on an outpatient basis," and that "[p]rognosis for most people in my situation is excellent after four months of treatment." The congressman also said he planned to keep working during this time, and he was present Tuesday for the opening of the 118th Congress.  

NY-03: At this point in the George Santos saga, his entirely fictional life story is almost beside the point: When he's called on any of his lies, he just lies some more—it's pathological. But that same reckless behavior is also why the new Republican congressman-to-be is in serious legal jeopardy, at the local, state, federal, and, amazingly, international levels. And because of that, he's exceedingly unlikely to serve out a full term. So what happens if he resigns?

In short, there would be a special election, but in a break with past practice, we'd immediately know when it would take place—and it would happen quickly. Governors in New York previously had wide latitude over when to call elections to fill vacant posts, both for Congress and state legislature, and disgraced former Gov. Andrew Cuomo notoriously abused this power, frequently delaying specials when it suited him.

But in 2021, as state law expert Quinn Yeargain explains, lawmakers finally passed legislation to correct this problem, which Cuomo signed shortly before resigning. Now, Gov. Kathy Hochul would be required to call a special election within 10 days of Santos' seat becoming vacant, and that election would have to take place 70 to 80 days afterward. This law has already come into play multiple times, including for two congressional special elections that took place last year.

One thing hasn't changed, though: There still would be no primaries. Instead, as per usual, nominations for Democrats and Republicans alike would be decided by small groups of party insiders. The actual election would, however, be hotly contested. While Joe Biden would have carried New York's 3rd District, which is based on the North Shore of Long Island, by a 54-45 margin, according to our calculations, Republican Lee Zeldin almost certainly won it in last year's race for governor. Santos dispatched Democrat Robert Zimmerman 52-44 after Democratic Rep. Tom Suozzi left the seat open to pursue his own unsuccessful gubernatorial bid.

NY-17: Former Rep. Mondaire Jones told NY1 before Christmas that he was not ruling out seeking the Democratic nomination to take on the new Republican incumbent, Mike Lawler. Jones unsuccessfully decided to run in New York City last year in order to avoid a primary against DCCC Chair Sean Patrick Maloney, who himself went on to lose to Lawler, but he made it clear a future campaign would take place in the area he'd represented. "I've also learned my lesson, and that is home for me is in the Hudson Valley," Jones said.

VA-04: Jennifer McClellan beat her fellow state senator, conservative Joe Morrissey, in an 85-14 landslide to win the Democratic nomination in the Dec. 19 firehouse primary to succeed the late Rep. Donald McEachin. McClellan should have no trouble defeating Republican nominee Leon Benjamin, who badly lost to McEachin in 2020 and 2022, in the Feb. 21 special election for this 67-32 Biden seat; McClellan's win would make her the first Black woman to represent Virginia in Congress.

WA-03: Democrats will still have election conspiracy theorist Joe Kent to kick around this cycle, as the 2022 GOP nominee declared before Christmas, "I'm running again in 2024."

DCCC: House Democratic leader Hakeem Jeffries announced ahead of Christmas that the new DCCC chair would be Rep. Suzan DelBene, who represents a Washington seat that Joe Biden carried 64-33. Jeffries' decision came weeks after House Democrats voted 166-38 to give the caucus' leader the opportunity to select the head of the DCCC rather than have the chair be elected by the full body. The new rule still requires members approve the choice, and they ratified DelBene two days after she was picked.

Attorneys General and Secretaries of State

AZ-AG: Democrat Kris Mayes' narrow win over election denier Abe Hamadeh was affirmed after a recount concluded last week, and Mayes was sworn in as attorney general on Monday. The Democrat's margin dropped from 511 to 280 votes; most of this difference came from dark red Pinal County, which said it had initially failed to count over 500 ballots because of "human error." Hamadeh characteristically refused to accept his defeat and announced Tuesday he was "filing a 'Motion for New Trial.'"

Judges

NY Court of Appeals: Democratic Gov. Kathy Hochul nominated Hector LaSalle, an appeals court judge, to fill the vacant post of chief judge on New York's highest court just before the holidays, but her decision was immediately met with fierce resistance by state senators in her own party, 14 of whom have already publicly come out against the choice.

LaSalle, who was named to the Appellate Division by disgraced former Gov. Andrew Cuomo in 2014, has compiled what City & State described as one of the "most conservative" records of any appellate judge in the state. Progressives have raised serious alarms over his hostility toward criminal defendants, labor unions, and especially reproductive rights: A group of law professors have pointed to a 2017 decision LaSalle signed on to that helped shield a network of so-called "crisis pregnancy centers" (which try to dissuade women from getting abortions) from an investigation by the state attorney general.

At stake is more than LaSalle's promotion, though: The seven-member top court, known as the Court of Appeals, has for several years been in the grips of a reactionary four-judge majority that has ruled against victims of police misconduct, workers seeking compensation for injuries on the job, and tenants who'd been overcharged by their landlords. Most notoriously, this quartet—all appointed by Cuomo—struck down new congressional and legislative maps passed by Democratic lawmakers last year on extremely questionable grounds and ordered that a Republican judge in upstate New York redraw them.

Leading this coalition was Chief Judge Janet DiFiore, who unexpectedly announced her resignation last year. That vacancy has given Hochul the chance to reshape the court, but instead she's tapped someone who appears poised to continue DiFiore's legacy. But while judicial confirmations in New York are normally sleepy affairs, a large number of senators—who'd be responsible for voting on LaSalle's nomination—immediately denounced the choice.

That chorus of opposition hit a crucial threshold shortly before the New Year when state Sen. Mike Gianaris, a member of leadership, became the 11th Democrat to say he would vote against LaSalle. With 42 Democrats in the 63-member upper chamber but only 28 still open to Hochul's pick, the governor would now have to rely on the support of Republicans to confirm LaSalle. None, however, have yet come out in favor.

There's no definite timeline for confirmation hearings or a vote on LaSalle's nomination, but if Hochul were to withdraw his name, she'd be able to choose from a list of six other candidates vetted by the state's Commission on Judicial Nomination. A coalition of progressive groups previously endorsed three individuals on that list while calling three others, including LaSalle, "unacceptable" (a seventh option was unrated). If instead LaSalle were voted down by the Senate, the entire process would start over again, with the commission once again reviewing potential candidates.

WI Supreme Court: Judge Everett Mitchell, a progressive candidate for an open seat on the Wisconsin Supreme Court this spring, was accused by his then-wife of sexual assault during their 2010 divorce proceeding, the Milwaukee Journal-Sentinel's Dan Bice reported on Tuesday. Mitchell was never charged with any wrongdoing and has denied the allegations, while his ex-wife, Merrin Guice Gill said her former spouse "should be evaluated on the work he has done and the work he is doing as a judge" rather than on her past accusations.

However, Guice Gill "declined to say whether she stood by the abuse allegations," telling Bice, "I'm not going to respond to that." During her divorce, Bice writes that she told the court that Mitchell had "undressed her and had sex with her without consent shortly after she took a sleeping pill" in 2007 and also provided documents showing she had informed both her therapist and a police officer about the alleged incident shortly afterwards. The accusations came up when she contacted police about a possible custody dispute involving the couple's daughter, but she declined to press charges, saying that she "was only concerned with her daughter's whereabouts."

Mitchell is one of two liberals seeking a spot on the Supreme Court, along with Judge Janet Protasiewicz. Two conservatives are also running, former Justice Dan Kelly and Judge Jennifer Dorow. All candidates will appear together on an officially nonpartisan primary ballot on Feb. 21, with the top two vote-getters advancing to an April 4 general election. The seat in question is being vacated by conservative Justice Pat Roggensack; should progressives win, they'd take control of the court from the current 4-3 conservative majority.

Legislatures

AK State House: A judge ruled ahead of Christmas that far-right state Rep. David Eastman's membership in the Oath Keepers does not preclude him from serving in elected office even though the state constitution prevents anyone from holding office who "advocates, or who aids or belongs to any party or association which advocates the overthrow by force or violence of the United States."

Goriune Dudukgian, the attorney representing an Eastman constituent who sued to block him from holding office, said Tuesday his camp would not appeal. No one has formed a majority coalition in the Alaska State House in the almost two months since the election.

NY State Senate: Democrats learned ahead of Christmas that they'd maintained a two-thirds supermajority in the upper chamber after a judge ruled that incumbent John Mannion had fended off Republican Rebecca Shiroff by 10 votes in his Syracuse-based seat. Shiroff conceded the contest, and Mannion's term began New Year's Day.

OH State House: While Democrats are deep in the minority in the Ohio state House, the caucus joined with enough GOP members on Tuesday to elect Republican Jason Stephens as speaker over Derek Merrin, who began the day as the heavy favorite to lead the chamber. Cleveland.com's Jeremy Pelzer writes, "Stephens, while conservative, is not considered to be as far to the right as Merrin."

The GOP enjoys a 67-32 majority, so a Merrin speakership appeared likely after he won November's caucus vote against Stephens. Pelzer writes that in the ensuing weeks there were "rumblings since then about some sort of challenge to Merrin," but that "the insurgency to lift him to the speaker's chair only picked up speed starting a few days ago."

Indeed, Minority Leader Allison Russo says Democrats decided just two hours before the vote to cast their lot in with Stephens. Another 22 Republicans joined them, however, which left Merrin with only 43 votes. Russo, whose caucus supplied most of the support for the new speaker, declared that there was "no grand deal," but "there were lots of discussions about things and areas of agreement on issues." She also relays that Merrin spoke to her about getting Democratic support, which very much did not end up happening.

This is the second time in the last few years that the Democratic minority has played a key role in helping a Republican win the gavel over the candidate favored by most of the GOP caucus, though Merrin himself was on the other side of that vote. In 2019, he was one of the 26 Republicans who joined that same number of Democrats in supporting Larry Householder over Speaker Ryan Smith. Unlike four years ago, though, Smith got the backing of 11 Democrats as well as 34 GOP members.

Stephens, for his part, was appointed to the chamber later that year to succeed none other than Smith, who resigned to become president of the University of Rio Grande and Rio Grande Community College. The victorious Householder, though, was removed as speaker in 2020 after being arrested on federal corruption charges; Householder's colleagues expelled him the following year, though Merrin voted to keep him in office.

WI State Senate: Former state Sen. Randy Hopper ended his brief comeback campaign days after Christmas and endorsed state Rep. Dan Knodl in the Feb. 21 Republican special election primary.

Mayors and County Leaders

Chicago, IL Mayor: The Chicago Electoral Board in late December removed two minor contenders, police officer Frederick Collins and freelance consultant Johnny Logalbo, from the Feb. 28 nonpartisan primary ballot after determining that they didn't have enough valid signatures to advance. However, challenges were dropped against activist Ja'Mal Green, Alderman Roderick Sawyer, and wealthy perennial candidate Willie Wilson, so they will be competing in what is now a nine-person race.

Prosecutors and Sheriffs

Philadelphia, PA District Attorney: Pennsylvania's Commonwealth Court ruled Friday that state House Republicans failed to demonstrate any of the legally required standards for "misbehavior in office" when they voted to impeach Philadelphia District Attorney Larry Krasner in November. The order, though, did not say if Krasner's trial before the state Senate, which is scheduled for Jan. 18, must be called off.

Obituaries

Lincoln Almond: Former Rhode Island Gov. Lincoln Almond, a Republican who served from 1995 to 2003, died Tuesday at the age of 86. Almond, who made his name as the state's U.S. attorney, badly lost the 1978 general election to Democratic incumbent Joseph Garrahy, but he prevailed 16 years later by defeating state Sen. Myrth York in a close contest. You can find much more at WPRI's obituary.

Grab Bag

Where Are They Now?: Former Massachusetts Rep. Joe Kennedy III was chosen before Christmas to serve as the State Department's special envoy for economic affairs for Northern Ireland. Kennedy, who is the grandson of Robert F. Kennedy, was elected to the House in 2012 and left to unsuccessfully challenge Sen. Ed Markey in the 2020 Democratic primary.

Morning Digest: Republicans seek to trim Democrats’ majority in race for Pennsylvania Supreme Court

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

Subscribe to The Downballot, our weekly podcast

Leading Off

PA Supreme Court: Two Democrats and one Republican have so far announced that they'll run in next year's statewide race for a 10-year term on the Pennsylvania Supreme Court, which will be a high-stakes contest even though the Democratic majority on the seven-member body is not at risk. The post these candidates are running for became vacant in September when Chief Justice Max Baer died at the age of 74 just months before he was to retire because of mandatory age limits.

Baer's absence was felt just before Election Day when one Democratic justice, Kevin Dougherty, sided with his two GOP colleagues against the remaining three Democratic members in a high-profile case over whether to count mail-in ballots that arrived on time but had missing or incorrect dates. This deadlock meant that election authorities were required to "segregate and preserve any ballots contained in undated or incorrectly dated outer envelopes," a decision that Democrats feared could cost them crucial contests.

Team Blue, after scrambling to encourage any impacted voters to cast new votes (one woman even immediately flew home from Colorado at her own expense to make sure she would "not be silenced by voter suppression"), got something of a reprieve when Senate nominee John Fetterman and other Democrats pulled off decisive wins. Still, the ruling was a troubling reminder that, even with a 4-2 Democratic edge on the state's highest court, Republicans could still have their way on major cases.

Baer's seat still remains unfilled, since either outgoing Gov. Tom Wolf or his successor, fellow Democrat Josh Shapiro, would need to have his nominee confirmed by the GOP-run state Senate. It's not clear whether Republicans would assent to anyone chosen by Wolf or Shapiro, though any acceptable appointee would almost certainly be someone who agreed not to run next year.

That likely explains why two Democratic members of the Superior Court from opposite sides of the state, Beaver County's Deborah Kunselman and Philadelphia's Daniel McCaffery, have already launched campaigns ahead of the May primary. (The Superior Court is one of two intermediate appellate courts in the state and hears most appeals.) The only Republican in the running right now is Montgomery County President Judge Carolyn Carluccio. A win would be a boon to Republicans but, barring more unexpected vacancies, the soonest they could actually retake the majority would be 2025.

election calls

 CA-13: The final unresolved House race of 2022 was called Friday night for Republican agribusinessman John Duarte, who flipped this seat by defeating Democratic Assemblyman Adam Gray 50.2-49.8 after an expensive battle. Biden carried this sprawling constituency in the mid-Central Valley by a 54-43 margin, but Democrats often struggle with midterm turnout in this region. Duarte, though, will almost certainly be a top target when the next presidential cycle comes around in two years.

With this race settled, Republicans will begin the 118th Congress with 222 House seats compared to 212 for Democrats. This tally includes Colorado’s 3rd District, where Democrat Adam Frisch has conceded to far-right Rep. Lauren Boebert even though an automatic recount will take place this month. The final constituency is Virginia’s safely blue 4th District, which became vacant last week following the death of Democratic Rep. Donald McEachin and will be filled through a still-to-be-scheduled special election.

Georgia Runoff

GA-Sen: Two new media polls show Democratic incumbent Raphael Warnock with a small lead over Republican Herschel Walker going into Tuesday's runoff. SurveyUSA, working for WXIA-TV, put the senator ahead 50-47, while SRSS' poll for CNN had Warnock up 52-48. (SRSS allowed respondents to say they were uncommitted, but almost none did.)

Redistricting

MT Redistricting: Montana's bipartisan redistricting commission gave its approval to a new map for the state House on Thursday, with the panel's tiebreaking independent member voting in favor of a proposal put forth by Democratic commissioners while the body's two Republicans voted against it. While Republicans are still all but assured of retaining control of the 100-member House, Democrats will have a strong chance of rolling back the GOP's supermajority, which currently stands at 68 seats. (An interactive version of the plan can be found on Dave's Redistricting App.)

The map isn't quite done yet, however: Members of the public will now have the chance to offer feedback, which the commission may use to make further tweaks. Once that task is complete, the panel will work on a map for the upper chamber, which will involve uniting pairs of House districts to create single Senate districts (a process known as "nesting"). The commission will then vote to send final maps to lawmakers, who will have 30 days to propose additional adjustments. Commissioners, however, are not obligated to make any revisions based on comments from legislators.

Once all of this is done, Montana will finally become the last state to finish regular redistricting this decade. It waited so long due to arcane provisions in its state constitution, a delay that very likely was unconstitutional. Despite this apparent violation of the "one person, one vote" doctrine, no one brought a lawsuit challenging these procedures prior to the 2022 elections, so they remained in place. However, in the coming decade, such a challenge could very well succeed.

Senate

FL-Sen: Retiring Democratic Rep. Stephanie Murphy did not rule out challenging Republican Sen. Rick Scott in 2024, telling the Orlando Sentinel, "I'm running through the tape in this job. And then I'll figure out what comes next." Murphy also used the interview to push back on the idea that her state had become unwinnable for Democrats, arguing, "Florida is not dark red. It can be a purple and blue state with the right candidates and with the right field strategy."

WV-Sen: Democratic Sen. Joe Manchin said Friday he'd announce his re-election plans sometime in 2023, and that he is "not in a hurry" to make a decision.

House

NM-02: Defeated GOP Rep. Yvette Herrell sent an email to supporters shortly after she created a new FEC account where she confirmed she was considering a rematch against the Democrat who beat her, Rep.-elect Gabe Vasquez. "We know our work in Washington was not completed, and hundreds of people from all over the District and colleagues in Washington have asked me to stay in the fight," Herrell said, adding, "All options will be on the table--so stay tuned."

OR-06: A local judge on Thursday allowed Mike Erickson's lawsuit against Democratic Rep.-elect Andrea Salinas to proceed, but the Republican's legal team is hedging whether he'd try to prevent Salinas from taking office or stop at demanding hundreds of thousands in damages over what he claims was a dishonest ad.

Attorneys General and Secretaries of State

PA-AG: The Philadelphia Inquirer's Chris Brennan takes a look at what could be a crowded 2024 contest to serve as attorney general of this major swing state, a post that Democrat Josh Shapiro will hold until he resigns to become governor. Shapiro will be able to nominate a successor for the GOP-led state Senate to approve, but there's little question that the new attorney general will be someone who agrees to not run in two years.

On the Democratic side, former state Auditor General Eugene DePasquale tells Brennan that he's interested in running; DePasquale was last on the ballot in 2020 when he lost to far-right Rep. Scott Perry 53-47 in the Harrisburg-based 10th District. The paper also reports that former Philadelphia Public Defender Keir Bradford-Grey, Bucks County Solicitor Joe Khan, and state Rep. Jared Solomon are all thinking about it. A PAC began fundraising for Bradford-Grey all the way back in April, though she hasn't publicly committed to anything.

Finally, Brennan mentions outgoing Rep. Conor Lamb, who lost this year's Senate primary to John Fetterman, as a possibility. Lamb recently drew attention when he announced he had accepted a job at a prominent law firm in Philadelphia, which is at the opposite side of the commonwealth from his suburban Pittsburgh base, while adding, "I hope to return to public service one day, perhaps soon." Delaware County District Attorney Jack Stollsteimer, who is running for re-election in 2023, is also name-dropped as a possible contender.

On the Republican corner, Brennan relays that former U.S. Attorney Bill McSwain being recruited to run for attorney general by unnamed people even though his last bid went very badly. McSwain initially looked like a strong candidate for governor this year before Donald Trump castigated his appointee for not doing enough to advance the Big Lie and urged Republicans not to vote for him. McSwain's main ally, conservative billionaire Jeff Yass, later urged him to drop out in order to stop QAnon ally Doug Mastriano, but he didn't listen: McSwain took a distant third with just 16%, while Shapiro went on to beat Mastriano in a landslide.

Another Republican, state Rep. Craig Williams, says he's considering even though he's focused right now on being an impeachment manager as his party tries to remove Philadelphia District Attorney Larry Krasner from office. (Solomon will be one of the Democrats defending Krasner at his January trial before the state Senate.) Brennan also mentions as possibilities former U.S. Attorney Scott Brady; state Rep. Natalie Mihalek; York County District Attorney David Sunday; and Westmoreland County District Attorney Nicole Ziccarelli.

The attorney general became an elected office in 1980, and Republicans had an iron grip on the job until Democrat Kathleen Kane finally broke their streak in 2012. Kane resigned in disgrace four years later, but Shapiro held the seat for his party even as Donald Trump was narrowly carrying the state and prevailed again in 2020.

Legislatures

WI State Senate: Democratic Gov. Tony Evers has scheduled the special election to succeed former Republican state Sen. Alberta Darling, whose resignation gives Democrats a chance to take away the GOP's new supermajority, to coincide with the April 4 statewide contest for the Wisconsin Supreme Court. Evers' proclamation also makes it clear the contest for this seat, which is based in the suburbs and exurbs north of Milwaukee, will take place under the new legislative lines drawn up this year.

The new version of this seat would have backed Trump 52-47, according to Dave's Redistricting App. Republican Sen. Ron Johnson last month won the district 54-46, according to our calculations, while GOP gubernatorial nominee Tim Michels prevailed over Evers here by a smaller 52-48 spread.

The only notable candidate currently running to succeed Darling is Republican state Rep. Dan Knodl, who launched his bid on Tuesday. Prospective contenders have until Jan. 3 to file, and primaries would take place Feb. 21 if needed.

Mayors and County Leaders

Houston, TX Mayor: State Sen. John Whitmire announced all the way back in 2021 that he would compete in next fall's nonpartisan contest to succeed his fellow Democrat, termed-out Mayor Sylvester Turner, but Whitmire's Tuesday kickoff still made news for attracting a number of prominent Republican donors.

Whitmire has in his corner billionaire Tilman Fertitta, who also used the launch at the hotel he owns to attack Turner's leadership. (Paper City notes that Fertitta once hosted a fundraiser for Turner.) The state senator also has the backing of several donors whom the Houston Chronicle says funded Republican Alexandra del Moral Mealer's unsuccessful attempt to oust Harris County Judge Lina Hidalgo last month, as well as local police unions. The kickoff was also attended by some notable local Democrats including Harris County District Attorney Kim Ogg, who has clashed with Hidalgo, and fellow state Sen. Carol Alvarado.

Whitmire himself begins the campaign with a huge $9.5 million in his legislative account, though, the Chronicle says it's not clear how much of that he can use to run for mayor. He's been able to build up this sort of haul in part because he's had decades to fundraise. He was first elected to the state House all the way back in 1972, when Democrats were still the dominant party in Texas, and he won a promotion to the upper chamber in 1982.

Whitmire, who is the longest serving member of the state Senate, has remained a powerful figure even though he's spent most of that time in the minority. He has chaired the Criminal Justice Committee since 1993, which makes him the only Democrat to hold this sort of power. The Chronicle writes that, while he's usually supported his party's proposals, he's sided with the GOP on multiple votes against bail reform. The state senator last year also dismissed the lack of air conditioning units in jail cells by snarking, "Don't commit a crime and you can be cool at home."

The state senator, though, had no trouble winning renomination to his seat, which now takes up about a quarter of Houston, until this year when he faced a challenge from the left from nurse Molly Cook. Cook, who accused him of "running for two offices at once," lost 58-42, which was still Whitmire's closest showing since the early 1990s.

Whitmire currently faces three notable opponents in the race for the job that his former sister-in-law, Kathy Whitmire, held from 1982 to 1992. The field includes former Harris County Clerk Chris Hollins, who attracted widespread attention in 2020 for implementing efforts to expand access to voting during the pandemic. Hollins has already called Whitmire's Democratic loyalties into question by reminding voters that he did not support Hidalgo during her competitive re-election fight.

The contest also includes former City Councilwoman Amanda Edwards, who took fifth in the 2020 Democratic primary for U.S. Senate and would be the first Black woman to lead Houston. Rounding out the field is attorney Lee Kaplan, a first-time candidate who has done some self-funding. Kaplan and Edwards had about $700,000 and $720,000 on hand at the end of June, respectively, while Hollins had $940,000 to spend. All the candidates will compete on one nonpartisan ballot in November, and it would take a majority of the vote to avert a runoff the next month.

Morning Digest: Democrats will soon have the chance to undo Wisconsin GOP’s new Senate supermajority

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

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Leading Off

WI State Senate: Though Wisconsin Republicans just captured a supermajority in the state Senate earlier this month, they could soon give it back: Just before the Thanksgiving holiday, longtime GOP state Sen. Alberta Darling announced she'd resign effective Dec. 1, a move that will require Democratic Gov. Tony Evers to call a special election.

Republicans made Darling's 8th District a few points redder under the tilted map they convinced the conservative-dominated state Supreme Court to adopt in April: Under the old lines, Donald Trump carried the 8th by a hair, 49.4 to 49.3, but the current iteration would have backed Trump 52-47, according to Dave's Redistricting App. In the just-concluded midterms, Republican Sen. Ron Johnson won the district 54-46, according to our calculations, while GOP gubernatorial nominee Tim Michels prevailed by a smaller 52-48 spread.

Darling won re-election for a four-year term in 2020 in the old district, but since the new map is now in effect, state constitutional law expert Quinn Yeargain concludes that the new lines will likely be used. But despite the seat's GOP lean, Democrats will contest this seat to the utmost.

Republicans were able to take a two-thirds majority this year by flipping the open 25th District in the northwestern part of the state—another seat they gerrymandered—giving them 22 seats in the 33-member Senate. As a result, if Republicans in the Assembly impeach any state officials, their counterparts in the upper chamber can now remove them from office without a single Democratic vote. And if they were to impeach Evers, he'd be suspended from office until the end of a trial in the Senate, which Republicans could try to drag out even if they lack the votes to convict.

Rolling back this supermajority will therefore be critical for Democrats. One thing working in the party's favor is the fact that the suburbs and exurbs north of Milwaukee where Darling's district is based have been moving to the left in recent years—a key reason Republicans tried to gerrymander this seat further. One potentially strong option, however, has already said no: state Rep. Deb Andraca, who represents a third of the district, took herself out of the running on Monday.

Since Wisconsin "nests" three Assembly districts in each Senate district, there are two other seats that make up the 8th, both held by Republicans. One, Dan Knodl, says he's "seriously considering" a campaign; the other, Janel Brandtjen, doesn't appear to have said anything yet. (Brandtjen, an election denier, was recently barred from private meetings of the Assembly GOP caucus after supporting a primary challenge to Speaker Robin Vos.)

It's not clear when exactly the special will be held, but in her statement declining a bid, Andraca suggested it would take place "this spring." Wisconsin is set to hold its annual "spring election" for state and local offices on April 4, so this race could potentially be consolidated with those contests.

Election Recaps

AK-Sen, AK-AL, AK-Gov: Alaska conducted instant-runoff tabulations one day before Thanksgiving, and Republican Sen. Lisa Murkowski and Democratic Rep. Mary Peltola each won re-election after their respective opponents failed to consolidate enough support to pull ahead. Hardline GOP Gov. Mike Dunleavy, meanwhile, claimed a bare majority of the first-choice preferences, so election officials did not do the ranked choice process for his race.

Murkowski held a tiny 43.4-42.6 edge over intra-party rival Kelly Tshibaka, a former state cabinet official backed by Donald Trump, with Democrat Pat Chesbro and Republican Buzz Kelley taking 10% and 3%, respectively. But Murkowski, who has crossed party lines on some high-profile votes, always looked likely to take the bulk of Chesbro's support, and she emerged with a clear 54-46 win when tabulations were complete.

Tshibaka responded to her defeat by blasting Senate Minority Leader Mitch McConnell's allies at the Senate Leadership Fund for deploying "millions of dollars in this race on deceptive ads to secure what he wanted—a Senate minority that he can control, as opposed to a majority he could not." Trump weeks before the election also ranted that "[t]he Old Broken Crow, Mitchell McConnell, is authorizing $9 Million Dollars to be spent in order to beat a great Republican" rather than target Democratic Sen. Mark Kelly in Arizona, though SLF itself only ended up spending $6.1 million in Alaska.

Peltola, meanwhile, began Wednesday with 49% of the vote while two Republican rivals, former reality TV star Sarah Palin and businessman Nick Begich III, clocked in at 26% and 23%; the balance went to Libertarian Chris Bye. While Palin had announced her chief of staff the day after the election, reality made his services unnecessary: Peltola ended up beating Palin by a staggering 55-45 after the instant-runoff process was finished, a big shift from her 51.5-48.5 upset win in their August special election contest. Peltola will be one of five House Democrats in a Trump seat in the 118th Congress, and hers will be the reddest of the bunch.

Dunleavy, finally, claimed an outright win with 50.3%. His two main rivals, former Democratic state Rep. Les Gara and former independent Gov. Bill Walker, took 24% and 21%, respectively, while the remainder went to Republican Charlie Pierce, who was challenging the already staunchly conservative Dunleavy from the right. Gara and Walker both said they'd be ranking the other as their second choice, but we don't know how many of their respective supporters followed their lead.

Seattle, WA Ballot: Seattle has narrowly voted to replace its municipal top-two primaries with a ranked choice system by 2027, though voters will still need to go to the polls in two different elections even after the switch takes place.

Candidates for mayor, city attorney, and the City Council will continue to compete on one nonpartisan primary ballot, but voters will be able to rank their preferred choices instead of selecting just one option. The two contenders who emerge with the most support after the ranked choice tabulations are completed will advance to the general election, where voters would select just one choice. This is different from several other American cities like Minneapolis, Oakland, and San Francisco where all the contenders compete in a single election decided through instant-runoff voting.

It's not clear yet if the new ranked choice system will be in place in time for Seattle's next mayoral race in 2025. A spokesperson for King County's elections department explained that software and ballot updates, as well as tests and voter education, will be needed, saying, "It is possible that we may be able to roll it out before 2027, but until we're able to dive into the details with the city and state, we won't know." Officials also will need to decide how many candidates a voter can rank.

Seattleites earlier this month were presented with a two-part ballot measure called Proposition 1. The first asked voters whether they wanted to replace the top-two primary for city offices, and voters answered in the affirmative by a 51-49 margin. They were then asked if they wanted to adopt ranked choice voting or approval voting if voters on part one favor changing the status quo, and ranked choice won 76-24.

This contest took place because backers of approval voting collected enough signatures for a referendum to bring it to the Emerald City: The approval voting system, which is used in St. Louis, allows voters to cast as many votes as there are candidates, with up to one vote per contender and each vote counting equally. The City Council, though, responded by also placing a ranked choice question on the ballot as a rival option.

The group supporting approval voting enjoyed a huge financial edge thanks to enormous contributions from the Center for Election Science, a pro-approval voting organization funded by Facebook co-founder Dustin Moskovitz, as well as now-former cryptocurrency billionaire Sam Bankman-Fried: The dramatic failure of Bankman-Fried's preferred option, though, turned out to be far from the worst news he got in mid-November.

Georgia Runoff

GA-Sen: AdImpact tells Politico that Democratic Sen. Raphael Warnock and his outside group allies have outspent Republican Herschel Walker’s side by a lopsided $31 million to $12 million from Nov. 9 to Nov. 28 on TV, radio, and digital ads. The GOP has a $7 million to $5 million advantage in ad time for the remaining week of the contest, though this number can change if new spots are purchased.

Warnock’s campaign alone has outpaced Walker $15 million to $5 million through Monday, an important advantage since FCC regulations give candidates—but not outside groups—discounted rates on TV and radio. The senator was able to amass this sort of spending lead because he’s also continued to overwhelm Walker in the fundraising department: Warnock outraised his foe $51 million to $20 million from Oct. 20 to Nov. 16 and concluded that period with a $30 million to $10 million cash-on-hand lead.

Warnock’s supporters at the Senate Majority PAC affiliate Georgia Honor also outspent their GOP counterparts at the Senate Leadership Fund $13 million to $5 million, though SLF is hoping one prominent surrogate will help them overcome that disadvantage. Just before Thanksgiving the group debuted a spot starring Gov. Brian Kemp, who won re-election outright 53-46 on Nov. 8 as Walker lagged Warnock 49.4-48.5: While Kemp didn’t campaign with the Senate nominee during the first round, he now pledges to the audience, “Herschel Walker will vote for Georgia, not be another rubber stamp for Joe Biden.”

Walker also has benefited from a $1.5 million ad buy from the NRA that began shortly ahead of Thanksgiving. The candidate additionally is running his own ad attacking Warnock’s character.

Senate

OH-Sen: Axios published a profile of venture capitalist Mark Kvamme last week where it briefly noted the Republican "also acknowledges that he's had informal talks about running for public office, possibly as a challenger to Sen. Sherrod Brown in 2024."

Senate: The Associated Press' Michelle Price takes a very early look at the 2024 Senate battleground map and gives us some new information in several key races:

NV-Sen: Army veteran Sam Brown, who lost this year's Senate primary 56-34 after running an unexpectedly well-funded campaign against frontrunner Adam Laxalt, is being mentioned as a prospective foe against Democratic incumbent Jacky Rosen. A Brown advisor didn't rule anything out, saying, "He has committed to his supporters that he will never stop fighting for their issues, but he has not made any decisions as to whether that involves a future run for office."

PA-Sen: Neither former hedge fund manager Dave McCormick nor Big Lie spreader Kathy Barnette, who both lost this year's Senate primary to Mehmet Oz, would respond to Price's inquiries about a campaign against Democratic Sen. Bob Casey. An unnamed person close to McCormick told Politico all the way back in June that he was considering the idea.

UT-Sen: An advisor for Attorney General Sean Reyes said of a possible GOP primary challenge to incumbent Mitt Romney, "He's certainly set up to run, but it does not mean he's considering it." The Deseret News wrote earlier this month that Reyes was "actively pursuing a campaign" against Romney, who has not announced if he'll seek a second term.

WI-Sen: GOP Rep. Mike Gallagher deflected Price's questions about his interest in taking on Democratic Sen. Tammy Baldwin, merely saying, "Any talk of the next election, especially since we just had an election, distracts from the serious work we need to do."

Governors

KY-Gov: Republican state Sen. Ralph Alvarado, who just months ago expressed interest in running for governor of Kentucky, has very firmly taken himself out of the running by accepting the post of health commissioner of Tennessee.

LA-Gov: Lt. Gov. Billy Nungesser told the Lafayette Daily Advertiser's Greg Hilburn on Sunday that it "will absolutely make a difference in my decision" whether or not his fellow Republican, Sen. John Kennedy, runs in next year's all-party primary. Nungesser, though, seems to think that Kennedy will make his plans known in the next month-and-a-half, because he says his own announcement will come Jan. 10.

Hilburn also relays that another Republican, Rep. Garret Graves, "will also likely wait on Kennedy to make a final decision." However, he notes that Graves may opt to stay put no matter what due to his rising status in the House leadership.

House

NM-02: Outgoing GOP incumbent Yvette Herrell last week filed FEC paperwork for a potential 2024 rematch against Democratic Rep.-elect Gabe Vasquez, who unseated her 50.3-49.7. These super-early filings from defeated candidates, as we recently noted, often have more to do with resolving financial matters from their last campaign than they do about the future, though the Republican hasn't said anything publicly over the last week about her plans.

Herrell may also be hoping for a favorable ruling from the state Supreme Court, which will hear oral arguments in January in a case brought by Republicans alleging that the congressional map violates the state constitution as a partisan gerrymander. Herrell lost this month's contest to Vasquez in a constituency that favored Biden 52-46.

VA-04: Democratic Rep. Don McEachin, who has represented Virginia’s 4th Congressional District since 2017, died on Monday night at the age of 61 due to colorectal cancer. We will have a detailed look at his career in the next Digest.

Legislatures

AK State Senate, AK State House: Following Wednesday's tabulation of ranked-choice votes in races where no candidate won a majority on Nov. 8, nine Democrats and eight Republicans in Alaska's state Senate announced the formation of a bipartisan majority coalition, similar to one that held sway in the chamber from 2007 to 2012. The situation in the House, however, remains uncertain.

The alliance ends a decade of Republican control over the Senate, though GOP Sen. Gary Stevens will hold the top role of president, a position he served in during the last bipartisan coalition. That leaves just three far-right Republicans out in the cold; Stevens said they've been "difficult to work with" and specifically cited the fact that they've voted against state budgets their own party had crafted. (Members of the majority are required to vote for the budget, a system known as a "binding caucus" whose enforcement is evidently now being given effect.)

The House has likewise been governed by a shifting consortium of Democrats, independents, and Republicans since 2017, but it's not clear whether such an arrangement will continue. While Republicans lost two seats in the Senate, they retained nominal control of 21 seats in the House—theoretically enough for a bare majority. One of those, however, belongs to House Speaker Louise Stutes, a member of the current coalition, while another is represented by David Eastman, a member of the far-right Oath Keepers who is disliked by many fellow Republicans for his obstructionism.

There are many possible permutations that could result in either side winding up in charge. One big question mark is state Rep. Josiah Patkotak, a conservative independent and coalition member who could potentially join forces with the GOP. Another is the 15th District, where Republican Rep. Tom McKay leads Democrat Denny Wells by just four votes after ranked-choice tabulations; Wells says he will likely seek a recount after results are certified on Tuesday.

Whatever happens, we could be in for a long wait: Following both the 2018 and 2020 elections, alliances in the House weren't finalized until February, so it wouldn't be a surprise to see a similar delay this time.

NH State House: Control of the New Hampshire state House remains up in the air after a wild election night and even wilder post-election period that saw Democrats make big gains and left Republicans with just a 201-198 advantage—plus one tied race that could get resolved in a special election.

Even though the GOP will hold a bare majority no matter what happens, that may not be enough to elect a Republican speaker when the chamber—the largest state legislative body in the nation—is sworn in on Dec. 7. Absences are frequent in this part-time legislature, where lawmakers are paid just $100 a year and receive no per diem. Given that reality, a different majority could show up every time the House convenes, a truly chaotic situation that could result in a new speaker every time unless the parties hammer out a power-sharing agreement.

Members will also have to decide what to do in Strafford District 8 (known locally as Rochester Ward 4), which ended in a tie following a recount after election night results put Republican challenger David Walker up just a single vote on Democratic state Rep. Chuck Grassie. The House could simply vote to seat whichever candidate it likes in a raw display of partisan power, or it could order a special election, as was done on at least three prior occasions. In one bizarre case in 1964, however, legislators opted to seat both candidates in a tied race—and gave them half a vote each.

In the event of a special election, though, expect both sides to go all out, especially given the swingy nature of this district, which would've voted 51-47 for Joe Biden. And expect more specials in the near future either way, as resignations are also a regular occurrence in the New Hampshire House.

VA State House, Where Are They Now?: Former Rep. Tom Garrett, a Republican who dropped out of his 2018 bid for a second term in bizarre fashion after winning renomination, has announced that he'll run in next year's race for a safely red open seat in the state House. Garrett, who previously served in the state Senate, kicked off his campaign at the Virginia Civil Rights Monument on the state Capitol grounds in Richmond rather than in the rural 56th District to what the Richmond Times-Dispatch's Charlotte Rene Woods calls a "crowd of five."

Garrett said he was choosing that monument both because he admires Barbara Johns, one of the Civil Rights heroes depicted, and because this was the very place he ended his 2018 re-election campaign. The Republican back then disclosed he was leaving Congress to focus on his fight with alcoholism, and he now says, "I haven't had to drink in four-and-a-half years. As soon as I start declaring victory over anything, it will come back and tap me on the shoulder."

Garrett, though, doesn't appear to have mentioned how the House Ethics Committee issued a lengthy report on his final day in office determining that he'd violated House rules by directing his staff to run personal errands for him. Staffers also told the committee that the congressman's wife "would berate staff, often using profanity and other harsh language, for failing to prioritize her needs over their regular official duties." The report additionally accused the Garretts of deliberately dragging their feet during the investigation so that they could run out the clock and avoid censure before the congressman's term expired.

Mayors and County Leaders

Allegheny County, PA Executive: Pittsburgh City Controller Michael Lamb announced Monday that he would compete in what could be a busy May 2023 Democratic primary to succeed incumbent Rich Fitzgerald, who cannot seek a fourth term as head of this populous and reliably blue county. Lamb, who is the uncle of outgoing Rep. Conor Lamb, carried Allegheny County 77-12 in his 2020 primary for state auditor general even as he was losing statewide 36-27 to Nina Ahmad. (Ahmad in turn lost to Republican Timothy DeFoor.)

WESA reporter Chris Potter describes the city comptroller as "the rare politician who travels easily in Democratic Party circles while also having been an outspoken government reformer," noting that, while he's "not necessarily a political firebrand," Lamb "seems likely to incorporate some progressive concerns with county government, especially on matters of criminal justice." Lamb previously won renomination in 2015 by beating back a Fitzgerald-endorsed foe, and Potter says the two have a "wary relationship."

Lamb's only announced intra-party opponent is Erin McClelland, who came nowhere close to unseating GOP Rep. Keith Rothfus in her 2014 and 2016 campaigns for the old and dark red 12th Congressional District. McClelland, who has worked as a project manager for the county's social-services department, kicked off her bid in August by saying she expected to face both the "old-boys network" and opponents who "dive into performative propaganda on a social media post."

Potter also relays that observers anticipate that former County Councilor David Fawcett and state Rep. Sara Innamorato will compete in the Democratic primary. Fawcett, whom Potter calls a "celebrated attorney," served on the Council as a Republican from 2000 to 2007 before waging an aborted 2016 bid for the Democratic nomination for attorney general.

Innamorato, for her part, rose to prominence in 2018 when the Democratic Socialists of America member defeated incumbent Dom Costa for renomination; that victory came the same night that her ally Summer Lee, who was also backed by DSA, scored an upset of her own against another Costa brother, state Rep. Paul Costa. Innamorato went on to support now-Pittsburgh Mayor Ed Gainey and Lee in her own successful 2022 campaign for the new 12th District.

We unsurprisingly haven't seen any notable Republicans mentioned for the race to lead a county that Biden took 59-39 and where Team Blue did even better in this year's Senate and governor races. Republican James Roddey actually did win the 1999 contest for what was a newly created office, but he badly lost re-election four years later to Democrat Dan Onorato. The GOP hasn't come anywhere close to retaking the post since then, and Fitzgerald won his final term in 2019 in a 68-32 landslide.  

Philadelphia, PA Mayor: Former Municipal Court Judge Jimmy DeLeon, who recently retired after 34 years on the bench, announced shortly before Thanksgiving that he was joining the May 2023 Democratic primary, promising to be a "no-shenanigans-let's-follow-the-law-there-will-be-order-in-the-courtroom" mayor. Billy Penn says that there was little chatter about DeLeon running until he jumped in last week.  

DeLeon, who unsuccessfully ran for the Pennsylvania Supreme Court and state Superior Court during the 2000s, was sanctioned by the Court of Judicial Discipline in 2008 for issuing "a bogus 'stay away order' on behalf of a social acquaintance." DeLeon says of that incident, "I made a mistake, and I was given a second chance … That's why I believe in second chances."