Monthly Archives: September 2020

Challengers With a Lead – Part II

By Jim Ellis

Sept. 30, 2020 — Continuing with the second of our two-part series depicting challengers who have placed even with or ahead of their incumbent opponent at some point since summer began, today we look at the states in the second half of the alphabet. As a reminder, already eight 2020 US House challengers have unseated their incumbent opponents, obviously all in the primaries.

Below is the list of the second group of 11 incumbents, making a total of 22 challengers who have drawn even or led their incumbent opponents:

Rep. Jeff Van Drew (R-NJ-2):

• POLL: Public Policy Polling (Sept. 14-17)
Challenger: Amy Kennedy (D), margin: +5 points
• POLL: ALG (Sept. 14-15)
Challenger: Amy Kennedy (D), margin: +4 points
2016 Presidential: Trump: 51-46%
— Rep. Jeff Van Drew (R-Dennis Township/Atlantic City) was elected as a Democrat in 2018 but changed parties a year later. He now faces the general electorate for the first time as a Republican. At this point, we see two consecutive polls giving challenger Amy Kennedy, the wife of former Rep. Patrick Kennedy (D-RI), leads at the outer edges of the polling margin of error. We will see a great deal of action here in the closing days.

Rep. Tom Malinowski (D-NJ-7):

• POLL: National Republican Congressional Committee (June 24-26)
Challenger: St. Sen. Tom Kean Jr. (R), margin: +2 points
2016 Presidential: Clinton: 49-47%
— The 7th Congressional District of New Jersey, which stretches from the Pennsylvania border to the outskirts of Newark, has been a Republican seat since 1980 until two years ago when freshman Rep. Tom Malinowski (D-Rocky Hill) unseated five-term veteran Leonard Lance (R).
State Senate Minority Leader Tom Kean, Jr., whose father served as governor for two terms from 1982-1990, returns for another race for federal office. He first ran for the 7th District in 2000, and then the US Senate in 2006, losing both times. Kean has served in the New Jersey legislature for 19 years. Though we’ve only seen one public poll here, this appears to be a toss-up race and more data should soon become available.

Rep. Xochitl Torres Small (D-NM-2):

• POLL: Research & Polling (Aug. 26-Sept. 2)
Rep. Torres Small, margin: +2 points
• POLL: Tarrance Group (July 7-9)
Margin: Even
• POLL: Public Opinion Strategies (Dec. 18-19, 2019)
Challenger: Ex-St. Rep. Yvette Herrell (R) margin: +2
2016 Presidential: Trump: 50-40%
— This is a re-match of the 2018 open-seat campaign that saw political newcomer Xochitl Torres Small (D-Las Cruces) slip past then-state Rep. Yvette Herrell by a 51-49 percent count. Herrell returns with a strong primary victory over New Mexico Oil & Gas Association president Claire Chase, a candidate who many believed would be a stronger opponent for the congresswoman. Herrell did take the early general election lead, but the later polling has slightly favored the incumbent. The 2nd District is a must-win for Republicans if they are to be competitive for majority status.

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Challengers With a Lead – Part I

By Jim Ellis

Sept. 29, 2020 — We’ve already seen eight 2020 US House challengers unseat their incumbent opponents so far — obviously all in the primaries. Is it possible that that’s a precursor to a larger number of incumbents losing their seats in the general election?

In typical election years, well over 90 percent of incumbents who seek re-election win. Therefore, eight members denied re-nomination in their own party primary elections is an unusually high number. What’s more, turning to the general election, 22 House incumbents have trailed in at least one poll since July began.

Below is the list of the first 11 incumbents, alphabetically by state, who are facing what appear to be the most competitive challengers in the country. The list includes 14 Republican incumbents and eight Democrats for a total of 22. Tomorrow, we will cover the remaining 11. All challengers have led the incumbent in at least one political poll of their race.

Rep. Don Young (R-AK-AL):

• Public Policy Polling (July 7-8)
Challenger: Alyse Galvin (I/D) margin: +2 points
2016 Presidential: Trump, 51-37%
— Galvin ran in 2018 and saw similar polling numbers even as late as Oct. 29. Rep. Don Young (R-Ft. Yukon) would still go onto win the race 53-46 percent. Galvin is one of the many close finishers returning for a re-match this year.

Rep. David Schweikert (R-AZ-6):

• Greenberg Quinlan Rosner Research (Aug. 6-12)
Challenger: Hiral Tipirneni (D) margin: +3 points
2016 Presidential: Trump, 52-42%
— Rep. David Schweikert (R-Fountain Hills/Scottsdale) has pleaded to 11 ethics violations relating to using his government resources for political purposes in addition to campaign finance irregularities. With the district becoming more Democratic in addition to his personal situation, Rep. Schweikert faces his toughest re-election campaign against physician Hiral Tipirneni who twice ran close races in the adjoining 8th CD.

Rep. Mike Garcia (R-CA-25):

• Normington Petts (Sept. 21-23)
Challenger: Assemblywoman Christy Smith’s margin: +3 points
2016 Presidential: Clinton, 50-44%
— One of the most recent polls found for this House study shows Rep. Mike Garcia (R-Santa Clarita) — who won his seat in a May 12 special election by surprisingly taking a seat back from the Democrats — trailing state Assemblywoman Christy Smith (D-Newhall), the woman he defeated four months ago. With California going heavily Democratic in the presidential election, it’s certainly not out of the realm of possibility that this race again becomes a toss-up despite Rep. Garcia’s 10-point win with a high special election turnout.

Rep. Donna Shalala (D-FL-27):

• 1892 Polling (Sept. 2-6)
Challenger: Maria Elvira Salazar margin: +3 points
2016 Presidential: Clinton, 58-39%
— This is a re-match of the 2018 open seat campaign that saw former Health & Human Services Secretary and President of the University of Miami, Donna Shalala, top former Spanish language television news reporter Maria Elvira Salazar. Shalala’s victory margin was 52-46 percent. The only public poll released so far came in early September and produced a surprising result with Salazar pulling slightly ahead.

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MN-2: Election Postponed

By Jim Ellis

Minnesota’s MN-2 Congressional District sits southeast of the Minneapolis-St. Paul metropolitan area, encompassing the region’s southern suburbs and traveling to the Wisconsin border.

Sept. 28, 2020 — A bizarre occurrence has happened in Minnesota that will apparently delay the 2nd Congressional District election until Feb. 9, 2021. Under state law, if a major party candidate passes away within 79 days of the general election date, the vote for the affected office is delayed for approximately three months.

Adam Weeks is the Legal Marijuana Now party congressional nominee, and under Minnesota election law this entity is recognized as a major party. Therefore, Weeks’ untimely and unexpected death earlier this week forces the congressional election of which he was a part to now be held Feb. 9. Though ballots are already printed, any votes cast for the 2nd District contest will not be recognized or counted.

The law came into effect after the death of Sen. Paul Wellstone (D) who perished along with his wife and daughter in a tragic plane crash 11 days before the 2002 election. Under Minnesota law at the time, a replacement nominee had to be chosen because the election would proceed as scheduled. That candidate became former vice president and Minnesota senator, Walter Mondale (D), who would go onto lose to Republican Norm Coleman in a close 50-47 percent election.

Taking action well after 2002, the state enacted the current statute that requires a postponement of the affected political contest. The situation directly touches freshman Rep. Angie Craig (D-Eagan) and Republican nominee Tyler Kistner. The Legal Marijuana Now party will have the opportunity to replace Weeks for the Feb. 9 election.

There are more ramifications than meet the eye here, however. First of all, Rep. Craig will have to leave office at the end of the current Congress because her term will expire. This means she will be out of office for more than one month of the new 117th session. This would put her at the end of the seniority list for the current freshman class if and when she eventually returns to the House.

Secondly, and perhaps the greater problem for all concerned, is that this particular Minnesota statute is likely to be found conflicting with the federal law that requires all states to hold a general election for federal offices on the same day, in this case Nov. 3, 2020.

The national election law also was the key factor in forcing Louisiana to hold its formatted jungle primary election concurrently with the general election date. Before, the Bayou State primary was held in September and anyone winning an absolute majority in that one election was declared the outright victor. The Justice Department ruled that the state could no longer hold an early jungle primary that allowed someone to win outright because it conflicted with the law requiring every state to hold a uniform and simultaneous general election.

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Sen. Collins of Maine Hanging On

By Jim Ellis

Maine Sen. Susan Collins (R)

Sept. 25, 2020 — Our original quick analysis may be incorrect. Soon after the announcement that Justice Ruth Bader Ginsburg had passed away, Sen. Susan Collins (R-ME) made a statement indicating that she would not support until after the election a motion to proceed that would allow the Senate to vote on confirming a Supreme Court replacement.

Responding, we believed that Sen. Collins’ decision had sealed her own doom in regard to winning her re-election campaign against state House Speaker Sara Gideon (D). We reasoned that at least a part of Maine’s conservative bloc would likely turn away from Sen. Collins, one who they do not particularly trust anyway, yet a group she needs to close the polling deficit she faces against Gideon. This was also predicated upon the belief that her move would gain little from the center-left or mostly left voter who may have supported Sen. Collins in previous elections.

A just-released Maine political survey, however, suggests that such a conclusion may not be so clear. Moore Information, polling for the National Republican Senatorial Committee and the first Maine Senate data released into the public realm after Justice Ginsburg’s death (Sept. 20-22; 500 likely Maine voters, live interview), finds Sen. Collins actually gaining support to pull into a 42-42 percent tie with Gideon. This is the first survey showing Sen. Collins even or ahead since another Moore Information poll conducted in late June posted her to an eight-point lead.

The Maine seat is critical to determining the next Senate majority. Routinely, we believe it is part of a four-state firewall that Republicans must maintain to uphold their relatively slim 53-47 chamber majority. The other three being converting Alabama, and retaining Iowa and Montana. Losing any one of these four states would likely turn the focus to North Carolina where Sen. Thom Tillis (R) would be forced to score a come-from-behind win, which could then pave the way for Republicans keeping majority control with a smaller edge.

Polling has been clear for weeks that Sen. Collins is trailing. Since 2020 began, now 18 polls have been conducted of this Senate race, and Gideon has led in all but the two Moore Information surveys. Overall, the incumbent has been trailing by an average slightly over four percentage points with a median of 4.5 percent, numbers barely within the polling margin of error range.

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Senate: A Polling Comparison

By Jim Ellis

Sept. 24, 2020 — Today, we look at the competitive Senate races and segment the group around polling consistency. Several races routinely report point spreads between the two major party candidates that are wildly inconsistent, while others vary over a small difference often within the same polling period.

The two most extreme surveys during the month are listed for each state with the most extreme first and the closest second. You will notice that the British firm, Redfield & Wilton Strategies, is often listed as the most extreme.

We begin, alphabetically by state, with the inconsistent group. Only the two Georgia races are in the September consistent segment.

INCONSISTENT

Arizona
Number of September polls: 14
Polling range: 16 points

Redfield & Wilton Strategies
(Sept. 12-16; 855 likely Arizona voters; combination online and live interview)
• Mark Kelly (D) – 52%
• Sen. Martha McSally (R) – 35%

ABC News/Washington Post
(Sept. 15-20; 579 AZ likely voters; live interview)
• Mark Kelly (D) – 49%
• Sen. Martha McSally (R) – 48%

Iowa
Number of September polls: 2
Polling range: 8 points

Fabrizio Ward/Hart Research (for AARP)
(Aug. 30-Sept. 5; 800 likely Iowa voters; live interview)
• Sen. Joni Ernst (R) – 50%
• Theresa Greenfield (D) – 45%

Selzer & Company
(Sept. 14-17; 658 likely Iowa voters; live interview)
• Sen. Joni Ernst (R) – 45%
• Theresa Greenfield (D) – 42%

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The Scenario: There’s an Electoral College Tie in the Presidential
Election; What Happens Next?

By Jim Ellis

Sept. 23, 2020 — As we move closer to Election Day, various scenarios are being discussed and theorized about who will win the presidential race and which states will fall to what candidate. A little-mentioned outcome, which is a mathematical possibility, is an Electoral College tie.

A deadlock would occur if each candidate received 269 electoral votes. Based upon the 2016 result, which saw President Trump receiving 306 electoral votes to Hillary Clinton’s 232, a tie would occur if the incumbent were to lose exactly 37 electoral votes from his previous performance.

The easiest way for that to occur is if President Trump and former vice president Joe Biden were to build the same coalition of states with the exception of Pennsylvania, Michigan and the 2nd District of Nebraska going from the Republican to Democratic column. In this instance, the two 2020 candidates, Trump and Biden, would have 269 electoral votes apiece.

If this were to happen, how is a tie in the Electoral College resolved? The answer: in the House of Representatives. The difference between the vote for president and a regular House vote is that individual members do not have his or her own vote for president. Rather, each state delegation has one vote.

Therefore, California, for example, with its 53 House members gets one vote for president. Conversely, the at-large states with one House member, such as Alaska, Delaware, Montana, North Dakota, South Dakota, Vermont, and Wyoming, would also each get one vote. So the vote for president skews toward the small states and rural regions.

Interestingly though, the Democrats control the House majority with 232 members and one Democratic vacancy to 198 Republican seats with one Libertarian sitting in what is typically a Republican seat and three GOP vacancies. Yet, if partisanship holds, the Republicans would win a presidential election vote 26 to 23 with one state, Pennsylvania, in a 9-9 split delegation. Assuming that the Keystone delegation would fail to agree on a candidate, the state would not be able to cast its vote.

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SCOTUS: The Effect of Replacing Late Supreme Court Justice Ruth Bader Ginsburg On The 35 Senate Races

By Jim Ellis

Late Supreme Court Justice Ruth Bader Ginsburg

Sept. 22, 2020 — A secondary question surrounding the replacement process for the late Supreme Court Justice Ruth Bader Ginsburg is how will the confirmation fight over the next judicial nominee resonate in the 35 Senate races?

In the 18 campaigns that appear non-competitive (9D; 8R) – for example, in Illinois (Sen. Dick Durbin-D), Rhode Island (Sen. Jack Reed-D), Arkansas (Sen. Tom Cotton-R), and Idaho (Sen. Jim Risch-R) to name a representative quartet – the Supreme Court battle will have little influence over the Senate outcome since those situations are virtually decided.

If the individual campaigns play the issue correctly, however, the Supreme Court vacancy development could be a boon to most competitive Republican incumbents and candidates in traditionally conservative states that are moving closer to the political center.

Democratic challengers in the more conservative states could have trouble because the issue matrix likely to be discussed through the nomination and confirmation process should activate the more conservative voting base. This is likely the case in the key competitive southern domains (AL, GA, NC), and in the Midwest and Rocky Mountain states, particularly in Iowa, the Kansas open seat, and for the Montana duel, in addition to the far west campaign in Alaska.

Perhaps the senator in the worst confirmation question situation, and one who can ill afford to be embroiled in such a predicament, is Maine Sen. Susan Collins (R). Already trailing in polling to state House Speaker Sara Gideon, Sen. Collins’ immediate call to postpone the process, and what will likely lead to a vote against the motion to proceed, will likely cost her conservative votes that she badly needs.

Her position to postpone has likely angered many who comprise the conservative base and gained her nothing with the Independents and soft Democrats that she desperately needs to close the gap between she and Gideon.

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