Tag Archives: Judge Brett Kavanaugh

New Nevada Data

By Jim Ellis

Nevada-mapOct. 11, 2018 — The new NBC News/Marist College survey (Sept. 30-Oct. 3; 920 NV residents; 780 registered Nevada voters; 574 likely Nevada voters) detects movement toward the Republicans in the two major Nevada statewide races (governor and senator), while keeping both contests in the pure toss-up column.

Marist College is an “A” rated pollster from the 538 statistical analysis organization and has partnered with NBC News since the 2012 election. Already releasing several statewide polls this year, Marist tested the Nevada electorate knowing that Sen. Dean Heller (R) is embroiled in a tough re-election campaign against freshman Rep. Jacky Rosen (D-Henderson), while the open governor’s race, featuring Attorney General Adam Laxalt (R) and Clark County Commissioner Steve Sisolak (D), had begun to turn toward the latter.

According to the NBC/Marist ballot test results, Sen. Heller posts a 46-44 percent edge among likely voters and an almost identical 45-43 percent within the registered voter sample. When the Libertarian Party nominee is added and a question asking whether any of the candidates are satisfactory, Sen. Heller maintains the lead, 44-42 percent, with eight percent going to Libertarian Tim Hagan, and another two percent saying they want “none of these candidates.” Among registered voters, the respondents split 42-41-8-3 percent in Sen. Heller’s slight favor, with Rep. Rosen closely following, and Hagan and “none of the above” trailing respectively.

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Forecasting the Results – Part II

By Jim Ellis

2018-democrat-house-majority-breakdown-text-graphicOct. 8, 2018 — The Democrats need to convert a net 24 seats to secure a one-seat majority in the US House on Election Day, Nov. 6. Many reports quote the number 23 as what is necessary to win control, but the new Pennsylvania map will yield one seat coming back to the Republicans — the new open 14th District — thus pushing the total up to 24.

As stated Friday, our forecasts listed below are based upon a series of factors, including current polling numbers, voter history, candidate personal and job approval favorability, fundraising, other races on the state ballot that could drive turnout, and outside issues such as the confirmation vote to for Judge Brett Kavanaugh to become a Supreme Court Justice, which could change the turnout model, etc.

According to our new analysis, the Democrats are on the cusp of converting the requisite number of Republican seats to take a bare majority and seeing their caucus become significantly larger. At this point, the Democratic gain range appears to reach 23 on the low side and 35 at the apex.

Looking at the country by state and region, it appears the Democrats will do well in the Midwest, in particular. The Great Lakes region that delivered President Trump his surprise victory appears to be snapping back to the Democrats in the midterm House races. Michigan looks particularly good for them at both the statewide and district levels.

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Forecasting the Results – Part I

By Jim Ellis

2018-senate-breakdown-text-graphicOct. 5, 2018 — As we approach one month remaining in the 2018 election cycle, it is a good time to begin forecasting what may be the plausible outcome of this national midterm election campaign. Today, we look at the Senate; tomorrow, the House.

In the Senate races, 17 of the 35 feature serious competition. With a 51-49 Republican majority margin, Democrats need only two seats to gain control. Their problem is to defend 26 of the 35 in-cycle Senate states, and that ratio yields too few targets to make a realistic run for the majority.

The forecasts listed below are based upon a series of factors including current polling numbers, voter history, candidate personal and job approval favorability, fundraising, other races on the state ballot that could drive turnout, and outside issues such as the confirmation vote for Judge Brett Kavanaugh that could change the turnout model, etc.

The competitive Senate campaigns are rated as to what we believe will happen on Nov. 6, and not about what might occur if the election were today. Certainly, time still remains for the outcome in many of these races to change, and currently unforeseen events in a dynamic election cycle could obviously alter the final results.

Democratic Seats Staying Democratic
• Michigan – Sen. Debbie Stabenow
• Ohio – Sen. Sherrod Brown
• Pennsylvania – Sen. Bob Casey Jr.
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Gerrymandering Ruling in North Carolina Could Alter Majority

North Carolina Congressional Districts

North Carolina Congressional Districts


By Jim Ellis

Sept. 3, 2018 — Last week, the same three-judge panel that previously ruled the North Carolina congressional boundaries as unconstitutional did so again, well after the lines were re-drawn in 2016 to reflect one of their previous decisions.

Predictably, the two Democratic judges ruled to overturn the legislature’s map once again, with the lone Republican dissenting. This time, the ruling concerns political gerrymandering, after the panel originally tossed the map because of what they cited as “racial gerrymandering.” The North Carolina delegation has split 10R-3D since the original 2011 map was created after the 2010 census.

The latest action, coming at a time when the US Supreme Court has only eight members because Judge Brett Kavanaugh has not yet been confirmed to replace retired Justice Anthony Kennedy, could stand if the high court fails to halt or invalidate the ruling.

If the decision remains, it becomes very unclear as to how the election would proceed. If the lines are suddenly unconstitutional, a new map would have to be set in its place. At this point, it is probable that the court would usurp the state legislature’s constitutional power and force its own map into law.

What happens to the candidates who won the May primaries, or even lost, as in the case of Rep. Bob Pittenger (R-Charlotte), remains in flux. It is likely many lawsuits would be filed, likely from candidates who won primaries but were denied the chance of running in the subsequent general election, to voters who would be disenfranchised after voting for a candidate who, after being nominated, no longer appears on the ballot because the particular voter has been arbitrarily shifted to another district, and every argument in between.

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West Viginia Poll: The SCOTUS Effect

By Jim Ellis

July 23, 2018 — The Trafalgar Group surveyed the West Virginia US Senate campaign (July 13-16; 1,158 likely West Virginia general election voters) and tested — for what may be the first time any pollster has done so since President Trump officially nominated Appeals Court Judge Brett Kavanaugh to replace retiring Justice Anthony Kennedy — how the impending Supreme Court confirmation vote will affect a US Senate election.

Trafalgar’s initial ballot test response is consistent with other released polls regarding the race itself. That is, Sen. Joe Manchin (D) leads Attorney General Patrick Morrisey (R) 50-40 percent when the question is first posed. For the past month, all West Virginia surveys have delivered results in a similar range.

Polling chart courtesy Trafalgar Group

Polling chart courtesy Trafalgar Group. Click on the Trafalgar Group link or the graphic above to see more details.

However, the question also was asked of each individual respondent how he or she would would view the Senate race through the prism of whether or not Sen. Manchin would vote for or against confirming Judge Kavanaugh for the US Supreme Court. How much would the answer to that question sway a voter? The answer is: greatly.

At this point, the senator has not yet indicated how he will vote. Immediately after the nomination became public, Sen. Manchin stated that he wanted Judge Kavanaugh to complete the hearing process and publicly answer specific questions (Sen. Manchin is not a member of the Judiciary Committee).

According to Trafalgar, should he vote to confirm Judge Kavanaugh to serve on the Supreme Court, Sen. Manchin’s support within the electorate would substantially grow. However, if he opposes the judge, his campaign against Morrisey falls into the toss-up category.

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Supreme Politics

By Jim Ellis

July 11, 2018 — President Donald Trump’s choice of US Circuit Judge of the DC Court of Appeals Brett Kavanaugh to replace retiring Supreme Court Justice Anthony Kennedy will likely fundamentally change the 2018 Senate election cycle.

Judge Brett Kavanaugh at the White House, where President Trump nominated him to replace retiring Supreme Court Justice Anthony Kennedy. | C-SPAN

Judge Brett Kavanaugh speaks at the White House, where President Trump announced Monday that Kavanaugh would be his nominee to replace retiring Supreme Court Justice Anthony Kennedy. | C-SPAN

With Senate Majority Leader Mitch McConnell (R-KY) already publicly indicating that he is planning to keep the Senate working through August, the Supreme Court confirmation process now guarantees such will happen. With majority Republicans having leverage over the confirmation hearings and vote schedule, we can expect a great deal of politics will be accompanying the legal rhetoric that awaits us during the remaining summer months.

The Senate political map helps Judge Kavanaugh in his confirmation battle. Both sides will mount crushing pressure on those members perceived as swing votes, and the eventual targets will be backed into such a position where it will be impossible to avoid political damage once their eventual vote is cast. The three Democrats who supported Supreme Court Justice Neil Gorsuch when he was confirmed on April 7, 2017 are:

  • Sen. Joe Donnelly (D-IN)
  • Sen. Heidi Heitkamp (D-ND)
  • Sen. Joe Manchin (D-WV)

The three will naturally be the top targets for this confirmation battle, and there is a strong chance that each will also vote for Judge Kavanaugh. Already trapped in tough re-election battles, these senators will be hard-pressed by both sides pushing them to vote for or against Kavanaugh; but considering their respective states voted for President Trump in margins of 19 (IN), 36 (ND), and 43 (WV) percentage points suggests the density of pressure to support the nominee will overwhelm the opposition.

After last night’s announcement, Sen. Manchin issued a statement saying he is particularly interested about Judge Kavanaugh’s position on healthcare issues, especially those affecting people with pre-existing conditions as they relate to healthcare insurance coverage. Sen. Manchin says over 800,000 people in his state of West Virginia fall into this category.

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