Monthly Archives: December 2023

Colorado Ruling Reverberations: Why Removing Trump From the Ballot Does and Doesn’t Matter


Happy Holidays! The Ellis Insight will be taking a break over the Christmas holiday. We’ll return with new Insights on Jan. 2, 2024.

By Jim Ellis — Friday, Dec. 22, 2023

President

Former President Donald Trump / Photo by Gage Skidmore

Colorado Republicans Pivot: Caucus Format Considered — A decision by The Colorado State Supreme Court Wednesday barred former President Donald Trump from the primary 2024 ballot because the justices maintained he violated the 14th Amendment by engaging in insurrection; this ruling predictably has ignited fierce responses.

The Trump campaign says they are immediately appealing the ruling to the US Supreme Court. Candidate Vivek Ramaswamy says he will withdraw from the Colorado ballot in protest and urges the other Republican presidential candidates to do the same. The Colorado Republican Party leadership is saying they may eschew the presidential primary and move to an internal party-run caucus format.

Since the political parties control their own nomination processes, the Colorado Republicans would have the authority to change from the primary format to a caucus. The party would then also slate its own candidates to compete for the presidential nomination. In the absence of a US Supreme Court ruling overturning the Colorado decision, changing to a caucus would likely be the party’s best option for giving Trump an opportunity to compete for Centennial State delegate votes.

Other state Supreme Courts, most notably Arizona and Minnesota, also have ruled on Trump’s ballot status and they arrived at the opposite conclusion to the Colorado high court, thus allowing him to compete in their state primaries. Even if the Colorado ruling stands and Trump is not on the state’s primary or general election ballot, it is unlikely to affect the presidential race outcome there. President Joe Biden is a lock to carry Colorado with or without Trump’s name on the ballot, so the national electoral vote count won’t change regardless of how the present controversy is ultimately resolved.

We could again see this issue arise in the general election. The states have the power to accept or reject the political party nominees for ballot placement, so it is conceivable the state Supreme Court could deny Trump ballot access in the general election along the same lines of reasoning present in their current decision.

Should the 14th Amendment controversy carry over to the general election, that would not do particular harm to the down-ballot Republicans, or even Trump for that matter. The former president is not going to win Colorado in the November election, so not appearing on the ballot here would have little effect on the national electoral vote count.

For the down-ballot Republicans not having to run with an unpopular Trump in their state, and with the former president’s voters likely incensed that he was barred from participating, the turnout pattern may actually improve for the Colorado Republican congressional, state Senate, and state House candidates if the former president were to be denied the ability to compete.

If other states were to follow Colorado’s lead, again absent a US Supreme Court ruling, it would likely only be in strong blue states, or those where Trump is clearly not going to win. Likewise, down ballot Republicans in those states may actually fare better, particularly in a place like California, then they would with Trump at the top of their ticket.

It is probable that the general election scenario described above, and very possibly even the primary situation, will not denigrate to the degree of a former president being denied ballot access because the US Supreme Court will likely face enough pressure to hear the Trump appeal and issue a ruling.

Since the former president was not charged with insurrection in any of his indictments and was even acquitted of such when it was part of the second impeachment proceeding, legal analysts believe that there is a better than even chance that the high court will rule in his favor and order the Trump name to appear on ballots across the nation.

Ohio’s Moreno Endorsed by Trump;
NJ Polling Battles; Alaska’s Peltola Could Again Get Boost From RCV; Census Projections for 2030

By Jim Ellis — Thursday, Dec. 21, 2023

Senate

Ohio Senate candidate Bernie Moreno (R) gets Trump’s endorsement.

Ohio: Trump Makes an Endorsement — As has been expected for several months, former President Donald Trump, the leader for the 2024 GOP presidential nomination, signaled his official support to one of the three major Republican US Senate contenders Monday. While a Survey USA poll earlier in the week (Dec. 8-12; 573 likely Ohio Republican primary voters; online) found businessman Bernie Moreno trailing both Secretary of State Frank LaRose and state Sen. Matt Dolan (R-Chagrin Falls) by a 33-18-12 percent margin, Moreno man did finish in first place for the Trump endorsement. Previously, two other surveys found Moreno holding a slight lead in the primary race.

The Ohio primary is scheduled for March 19, and promises to be a highly competitive nomination campaign. The eventual winner of the plurality election will face three-term Sen. Sherrod Brown (D) in the general election.

New Jersey: Competing Poll Places Rep. Kim First — Though indicted Sen. Bob Menendez (D) for now remains in the 2024 Senate race, the Democratic primary battle appears to be a contest between US Rep. Andy Kim (D-Moorestown) and the state’s First Lady, Tammy Murphy. Approximately a month ago, Public Policy Polling released a survey favoring Murphy for the party nomination by a large 40-21 percent spread.

Rep. Kim released his internal Breakthrough Campaigns survey Monday (Dec. 7-14; 1,004 NJ likely Democratic primary voters; live interview & text) that produced a virtual mirror-like result. This study found Rep. Kim leading Ms. Murphy, 45-22 percent. Sen. Menendez, as was the case in the PPP survey, languishes in single digits. The dueling wide discrepancy polls suggest the statewide Democratic primary will be an interesting one to chart. The New Jersey primary is scheduled for June 4.

House

AK-AL: New Polling Favorable for Rep. Peltola — Once again, Alaska’s Ranked Choice Voting system may re-elect at-large Democratic US Rep. Mary Peltola (D-Bethel) even though more voters select a Republican candidate. Under the state’s primary system, four candidates advance into the general election. If no candidate receives majority support in the November vote, Ranked Choice Voting takes effect.

The Remington Research Group conducted a new poll for Republican candidate Nick Begich III (Dec. 11-14; 672 likely Alaska primary voters; live interview) and the ballot test finds Rep. Peltola attracting 42 percent support. Begich follows in second place with 28 percent. Lt. Gov. Nancy Dahlstrom (R) is third with nine percent, while Libertarian Chris Bye, running on the No Labels ballot line, would secure the fourth position with seven percent of the prospective vote. If this were the actual vote totals, RCV would begin with Bye being eliminated and his second choice votes added to the aggregate.

Rep. Peltola has been successful in the Ranked Choice process in both of her elections. In this case, the RCV process would begin because no candidate reached the majority support level.

Census Estimates: Early Reapportionment Projections for 2030 — The Census Bureau released its 2023 population estimates and from that data, extrapolated congressional seat gain and loss estimates for the next census, which is seven years away. Obviously, much can change over that time period, but the projections suggest serious population movement. California appears headed to lose a whopping four seats, while Texas would gain four. The other prospective multi-seat gainer would be Florida at plus-3. Arizona, Georgia, Idaho, North Carolina, South Carolina, Tennessee, and Utah would each gain one seat.

In addition to California, the losing states would include New York (minus-3) and Illinois (minus-2) with Michigan, Minnesota, Oregon, and Pennsylvania losing one seat apiece. Oregon is the biggest surprise in the loser column because they gained a seat in the 2020 reapportionment.

Since these numbers are all long-range projections, the gainers and losers are not equal, which will correct itself once the final apportionment is completed after the next census many years from now.

Garvey Moves Into Second in Calif.; LaRose Widening Lead in Ohio; Decision Looming for Arizona Sheriff; No Rematch in RI-2

By Jim Ellis — Wednesday, Dec. 20, 2023

Senate

Steve Garvey, former LA Dodgers great

California: Garvey Moves Into Second in New Poll — Survey USA went into the field to test the California electorate in anticipation of the state’s open US Senate primary on Super Tuesday, March 5. As you may remember, California uses an all-party top two primary system that serves as a qualifying election for the November vote. The top two finishers on March 5, regardless of political party affiliation or percentage attained, will advance to the general election. All other candidates will be eliminated from further competition.

This means that at least one Democratic US House member will not advance. The huge field of 53 individuals who filed with California’s secretary of state will be winnowed down (the California SoS is targeting Dec. 28 as the date to have an official list of qualified candidates in all elections) but will still feature a very large ballot.

Three of the contenders who are sure to qualify as Senate candidates are US Reps. Barbara Lee (D-Oakland), Katie Porter (D-Irvine), and Adam Schiff (D-Burbank). Each is attempting to qualify for the general election but at least one will fail. Because the bulk of votes will likely split among these three — relatively evenly, as polling suggests — it is conceivable that a well-known Republican such as baseball great Steve Garvey (R), could capture the second qualifying position in coalescing the minority Republican vote, thus eliminating two of the three House members.

The Survey USA poll (Dec. 7-10; 676 registered California voters; 590 likely voters; online) sees Rep. Schiff leading the large ballot, as he has in most other polls, with 22 percent. S-USA detects the scenario described above in that Garvey is second with 15 percent. Reps. Porter and Lee follow with 12 percent apiece. Democrats will be heavy favorites to hold the open seat that appointed Sen. Laphonza Butler (D) is leaving after replacing the late Sen. Dianne Feinstein (D), but Garvey sneaking into second place from the jungle primary now appears as a distinct possibility.

Ohio: New Survey Finds LaRose Opening GOP Lead — Survey USA released their latest Ohio US Senate poll (released Dec. 18; no methodology available) and finds a much different result than other recent polls. The last two studies released earlier in the month, from McLaughlin & Associates and Fabrizio Lee & Associates, found businessman Bernie Moreno posting very small (one to two points) Republican primary leads over Secretary of State Frank LaRose and state Sen. Matt Dolan (R-Chagrin Falls).

The S-USA data sees a wholly different result. Here, Secretary LaRose maintains a large 33-18-12 percent advantage over Sen. Dolan and Moreno. We will need more data to gain a better picture of this primary race as the candidates move through January and February to the nomination election on March 19. The Ohio primary is plurality based, meaning the candidate with the most votes, regardless of percentage attained, will win the nomination in this one election. The eventual nominee will then challenge three-term Sen. Sherrod Brown (D) in one of the most important Senate general elections in the 2024 voting cycle.

House

AZ-2: Recruiting Primary Opponent for Rep. Crane — Pinal County Sheriff Mark Lamb (R) confirms that he is being recruited by unnamed sources to leave the Senate race and turn his political effort toward challenging 2nd District US Rep. Eli Crane (R-Oro Valley/ Flagstaff) in next year’s GOP primary. Crane was one of the eight Republican members who voted to oust then-Speaker Kevin McCarthy.

While Sheriff Lamb may be rejecting such overtures now, candidate filing for the Aug. 6 primary does not end until April 8, so much time remains for him to reverse course. It is probable that Lamb will continue to see the Senate nomination rapidly slipping away. If so, challenging Rep. Crane may eventually prove to be the sheriff’s better political move.

RI-2: No Re-Match — As reported in the Cook Political Report and by the Daily Kos Elections site and as noted in our post yesterday, former Cranston mayor and ex-gubernatorial nominee Allan Fung (R), who held freshman Rhode Island Rep. Ira Magaziner (D-Cranston) to a 50-46 percent win in a 2nd District that the FiveThirtyEight data organization rates as D+17, will not return to run again in 2024.

Fung is clearly the Republicans’ best possible candidate, so this seat will not be considered a GOP conversion target in 2024 despite the closeness of the most recent campaign. Polling had indicated Fung was in position to score a major upset in 2022 but fell short when the votes were actually counted.

Independent Candidates Draw More Votes From Biden; CA-20 Top Contender Disqualified; Another House Retirement; North Carolina Candidate Filing Closes

By Jim Ellis — Tuesday, Dec. 19, 2023

President

Robert F. Kennedy Jr.

Harvard-Harris Poll: Independents Draw More Votes From Biden — Originally when Robert F. Kennedy Jr. had announced as an Independent for the office of President of the United States, the subsequent early polls found him taking slightly more support from former president Donald Trump than President Joe Biden. Recently, that trend has reversed. The new Harvard University survey that The Harris Poll and HarrisX conducted (Dec. 13-14; 2,034 US registered voters; online) is now typical. They find that Kennedy and the other minor party/independent candidates are apparently siphoning away more support from President Biden than other future potential general election opponents.

In the isolated Biden-Trump ballot test, Trump would lead 52-48 percent. Adding just RFK Jr., the Trump advantage expands to 44-36-20 percent. A third ballot test, that included Biden, Trump, Kennedy, Independent candidate Dr. Cornel West, and likely Green Party nominee Jill Stein, saw a 43-35-17-2-2 percent division.

House

CA-20: Top Contender Disqualified — Because state Assemblyman Vincent Fong (R-Bakersfield) had filed for re-election for that seat, and California’s secretary of state had officially accepted his documents, the state’s chief elections officer ruled on Friday that Fong is ineligible to switch to the open congressional race. Therefore, despite his endorsement from outgoing Congressman Kevin McCarthy (R-Bakersfield), Fong will apparently not be on the congressional ballot.

This leaves the GOP field to Tulare County Sheriff Mike Boudreaux, who is president of the California Sheriffs Association, businessman David Giglio, businessman and former congressional candidate Matt Stoll, and casino owner Kyle Kirkland.

The 20th District is the safest Republican seat in the California delegation. Seeing the all-party jungle primary produce a double Republican general election appears a distinct possibility.

GA-3: Another House Retirement — Georgia US Rep. Drew Ferguson (R-The Rock/ Carrollton) announced on Friday that he will not seek a fifth term in the House, saying that “Georgia is a special place, and it’s calling us home.” Ferguson, first elected in 2016, served two terms as the Republican Chief Deputy Whip and is a member of the House Ways & Means Committee. He averaged 66.9 percent of the vote in his four successful congressional campaigns.

The 3rd District hugs the Alabama border in western Georgia, and lies among the cities of Atlanta, Columbus, and Macon. GA-3 is the third-strongest Republican congressional seat in the Peach State. The FiveThirtyEight data organization rates the district as R+38, while the Daily Kos Elections statisticians rank the seat as the 51st safest in the Republican Conference. Donald Trump defeated President Biden here 64-34 percent in the 2020 election. Rep. Ferguson’s successor will be decided in the Republican nomination process. GA-3 becomes the 37th open US House seat headed to the next election.

North Carolina: Candidate Filing Closes — The candidate filing period for North Carolina’s March 5 primary closed on Friday, and we now see a slate of contenders in the newly drawn congressional seats. The state also features an open governor’s race, but no US Senate campaign in 2024.

Republicans filed contenders in all 14 Tar Heel State CDs, but two Republicans will run unopposed unless the Democrats can petition a candidate on the ballot. Rep. Greg Murphy (R-Greenville) in the 3rd District and the eventual nominee in the Greensboro anchored 6th (Rep. Kathy Manning-D retiring), saw no Democratic candidate file.

One of the most competitive seats for the general election appears to be District 1, where freshman Rep. Don Davis (D-Snow Hill) sees his new CD yield only a 50-49 percent victory for President Biden in 2020, though Dave’s Redistricting App calculates a slightly more favorable Democratic overall partisan lean, 50.9D – 47.7R. The likely Republican nominee here is former congressional candidate Sandy Smith.

Hotly contested Republican primaries will occur in the open 6th, 8th (Rep. Dan Bishop-R running for attorney general), 10th (Rep. Patrick McHenry-R retiring), 13th (Rep. Wiley Nickel-D retiring), and 14th (Rep. Jeff Jackson-D running for Attorney General) districts. Under North Carolina voting laws, a runoff occurs only if a candidate fails to break 30 percent of the original primary vote.

Trump Sweeping Biden in Swing States; Malinowski Searches for NJ Senate Support; GOP Puts Forth Interesting NY-3 Candidate; NC-13 Rep. Wiley Nickel Out; Longtime Pol Jumps Into NJ Race

Former President Donald Trump up in polling.

By Jim Ellis, Monday, Dec. 18, 2023

President

Bloomberg/Morning Consult Polls: Trump Sweeping Biden in Swing States — Bloomberg News and Morning Consult partnered for a swing state polling series in the domains that will likely decide the 2024 presidential election: Arizona, Georgia, Michigan, Nevada, North Carolina, Pennsylvania, and Wisconsin. Individual surveys were conducted in each state during the Nov. 27 through Dec. 6 period. Sample sizes ranged from 451 registered voters to 801 such individuals depending upon the state’s population size. All included Independent Robert F. Kennedy Jr. on the questionnaire along with Independent Cornel West and likely Green Party nominee Jill Stein.

Trump led in all seven polls both when the ballot test included the minor candidates and when he and President Joe Biden were isolated. Trump’s margins (with the minor party candidates) were: Arizona (+4), Georgia (+7), Michigan (+4), Nevada (+5), North Carolina (+9), Pennsylvania (+1), and Wisconsin (+6).

To win the election, Trump would need to hold North Carolina, and carry Georgia plus one or two of the other aforementioned states. Trump’s smallest configuration to yield a victory of 270 electoral votes — and this assumes he holds all the other states he won in 2020 — would include Georgia, North Carolina, and Pennsylvania.

Senate

New Jersey: Ex-Rep. Malinowski Interviews for Party Senate Endorsements — Former US Rep. Tom Malinowski (D), who served two terms in the House before his re-election defeat in 2022 and who is now an unannounced US Senate candidate, conducted interviews with the Union County municipal Democratic Party chairmen seeking their endorsement for his potential statewide bid. Malinowski represented most of Union County in the US House. New Jersey First Lady Tammy Murphy and US Rep. Andy Kim (D-Moorestown) already are in the primary race, challenging indicted Democratic Sen. Bob Menendez.

Malinowski would have to overcome long odds in order to win the party nomination, and it is no foregone conclusion that he will actually enter the race. Despite calls for his resignation, Menendez is not leaving the Senate, nor has he ruled out running for re-election. Polls, however, suggest he would badly lose the Democratic primary.

House

NY-3: Local Republicans Nominate Mazi Melesa Pilip — The Nassau and Queens County Republican Party chairmen have nominated Nassau County Legislator Mazi Melesa Pilip, an Ethiopian-born former member of the Israeli military, as their special election congressional nominee. She will oppose the Democratic nominee, former Congressman Tom Suozzi in the Feb. 13 special election to serve the balance of expelled Rep. George Santos’ (R) term.

Interestingly, Pilip is reportedly still a registered Democrat even though she is an elected Republican and will now be the GOP congressional nominee. She is an interesting choice that will likely draw more attention to what is likely to become a competitive special election.

NC-13: Rep. Wiley Nickel Won’t Seek Re-Election, Will Return in 2026 — In an admission that he would not be successful running for re-election in North Carolina’s newly configured 13th Congressional District, Rep. Wiley Nickel (D-Cary) announced late last week that he would end his career in the US House after one term. Rather, he will return to elective politics in 2026 and challenge Sen. Thom Tillis (R). In that year, Sen. Tillis, assuming he seeks re-election, will be on the ballot for a third term.

The new 13th District begins in the Dunn area south of Raleigh in Harnett County. The seat then moves northward around Raleigh on the east side of Wake County and stretches to the Virginia border. The 2022 state Supreme Court drew a 13th District that shared part of Wake County, annexing the city of Cary, and then moved south of the capital city to include Johnston County and parts of Hartnett and Wayne Counties.

The partisan lean for new Congressional District 13, according to the Dave’s Redistricting App statisticians, is 56.6R – 41.2D. Under the map to which Rep. Nickel was elected, the 13th CD held a much different 49.5D – 48.1R partisan lean.

Also leaving the North Carolina congressional delegation are Reps. Kathy Manning (D-Greensboro) and Jeff Jackson (D-Charlotte), who like Rep. Nickel face difficult re-election odds on the new Tar Heel State congressional map. Jackson is running for the open state attorney general’s position and will probably face his colleague in the adjoining congressional district, Rep. Dan Bishop (R-Charlotte), in the statewide race.

Governor

New Jersey: Defeated State Senate President Launches ’25 Gov Campaign — Former New Jersey state Senate President Steve Sweeney (D), who served in the legislature for 20 years before his shocking upset defeat in the 2021 election, announced that he will enter the open 2025 gubernatorial campaign. Sweeney presided over the state Senate as its president for a 14-year period.

Gov. Phil Murphy (D) is ineligible to seek a third term and as in Virginia, where another odd-numbered gubernatorial position will be open, candidates are already announcing for their respective offices long before even the 2024 election transpires.

Announcing for the 2025 gubernatorial race before Sweeney was Jersey City Mayor Steven Fulop. Both US Reps. Josh Gottheimer (D-Wycoff) and Mikie Sherrill (D-Montclair) are reported to be testing the waters to also run for governor. For the Republicans, former state legislator Jack Ciattarelli — immediately after his close 2021 loss to Gov. Murphy — already announced that he would return for another gubernatorial bid in 2025.

Dems Cancel Florida Presidential Primary; Moreno Leads in Ohio; Trump Turns Against Masters; Menendez Challenged in New Jersey

President Joe Biden / Photo by Gage Skidmore

By Jim Ellis — Friday, Dec. 15, 2023

President

Florida: Dems Cancel Presidential Primary — In what could be the first of several states where the Democratic Party will suspend the presidential primary and award their delegate slate to President Joe Biden, Florida took such action with Wednesday’s announcement. This move is not uncommon for both political parties with an incumbent president seeking re-election. It is used mostly in states where the political party is responsible for financing the party primary. When the incumbent is a sure bet to win the state’s primary, the party suspends the election in order to save the money to use in the general election.

Primary suspension and the awarding of delegate slates to, in this case President Biden, is one of the reasons that Robert F. Kennedy Jr. abandoned his Democratic primary challenge to Biden and instead became an independent presidential candidate.

Senate

Ohio: Moreno Leads in Second Poll — On the heels of last week’s co/efficient poll that posted businessman Bernie Moreno to a slight Ohio Republican US Senate primary lead (15-14-13 percent over Secretary of State Frank LaRose and state Sen. Matt Dolan), the new Fabrizio Lee & Associates survey places Moreno in an even better position. The F&L poll (Dec. 3-5; 600 likely Ohio Republican primary voters; live interview & text) sees Moreno’s lead expanding to 23-19-18 percent over LaRose and Dolan.

Obviously, the Republican nomination is up for grabs and any of these three contenders can still win the March 19 primary. The eventual winner will challenge Sen. Sherrod Brown (D) in one of the country’s most important Senate races.

House

AZ-8: Trump Turns Against Masters — Early this week, former President Donald Trump surprisingly endorsed Abe Hamadeh for the Republican nomination to replace retiring Arizona US Rep. Debbie Lesko (R-Peoria). The move was unexpected because the man Trump supported for US Senate in 2022, Blake Masters, is also in the congressional race. Hamadeh was the 2022 nominee for attorney general, losing the statewide race by just 280 votes from more than 2.5 million ballots cast.

The endorsement could prove pivotal because the eventual Republican nominee will become the strong favorite to win the seat in the general election. The FiveThirtyEight data organization rates AZ-8 as R+22. Trump carried the 8th District with a 56-42 percent victory margin in 2020.

NJ-8: Hoboken Mayor to Challenge Rep. Menendez — As expected, Hoboken Mayor Ravi Bhalla officially announced his Democratic primary challenge to freshman New Jersey US Rep. Rob Menendez (D-Jersey City). Since the indictment of the congressman’s father, Sen. Bob Menendez (D-NJ), Rep. Menendez’s approval numbers had precipitously dropped to where he could be endangered in a race against Mayor Bhalla.

For his part, representatives for a Super PAC associated with his fledgling candidacy say they have already raised $500,000 to support Bhalla’s campaign. Conversely, Rep. Menendez reported a $433,244 cash-on-hand figure in his Sept. 30 Federal Election Commission campaign committee report. Expect this to become a serious nomination challenge. The New Jersey primary is scheduled for June 4.

New York Redistricting Action; NY-26 Leading Contender Out; Jackson Lee Faces Battle in TX-18; Two Former US Reps Run for California State Office

New York State Congressional Map / Click map or here to go to DavesRedistricting.org to see interactive version.

By Jim Ellis — Thursday, Dec. 14, 2023

House

New York Redistricting: High Court Orders New Map — The high court ruling in Albany Tuesday could change the balance of power in the US House of Representatives. The New York Court of Appeals, the state’s highest court, on a 4-3 vote ordered that the congressional districts be redrawn for the 2024 election, a move the Democratic plaintiffs sought. The majority agreed with the argument that the court-drawn map for the 2022 elections should stand only for that one period since the voters changed the state Constitution in order to empower the Independent Redistricting Commission with map drawing responsibilities.

With the map being sent back to the commission members, the redistricting process begins again. The high court established a Feb. 28, 2024, deadline for map completion and legislative agreement. Under the constitutional amendment procedure, the legislature must approve the commission prepared map. The New York state primary is scheduled for June 25, and the candidate filing deadline will be set for a date in late March.

NY-26: Leading Contender Won’t Run — Ten-term New York Rep. Brian Higgins (D-Buffalo) announced last month that he will resign in February to accept a position to lead a Buffalo non-profit organization. Replacing Rep. Higgins largely falls to one man, Erie County Democratic Party chairman Jeremy Zellner.

Under New York election procedure, the various county party chairmen in a congressional district decide who becomes the party nominee in the event of a vacancy. The chairman from counties with the largest population get more influence because the chair votes are weighted. Since 80 percent of the NY-26 constituency lies in Erie County and only 20 percent in Niagara County, the Erie County chairman, i.e., Zellner, will effectively appoint the next congressman. Since the FiveThirtyEight data organization rates NY-26 as D+18 and President Biden scored a 61-37 percent victory here in 2020, the eventual Democratic special election nominee will become the prohibitive favorite to succeed Rep. Higgins.

It appeared that Chairman Zellner was ready to nominate Erie County Executive Mark Poloncarz (D) for the congressional post, but now such won’t happen. Poloncarz surprisingly announced that he will not run for Congress. This leaves, for now, state Sen. Tim Kennedy (D-Buffalo) as the only announced Democratic candidate. Five-term Buffalo Mayor Byron Brown (D), however, is also indicating interest in the congressional seat.

Mayor Brown is a former New York State Democratic Party chairman and an ex-state senator. He began his political career as a member of the Buffalo Common Council. Brown was actually defeated for renomination in 2021 but returned in the general election to win an unprecedented fifth term as a write-in candidate. Once Rep. Higgins resigns in February, Gov. Kathy Hochul (D) will call a special election to fill the balance of the current term. At that point, Chairman Zellner will make his decision.

TX-18: Primary Forced Against Rep. Jackson Lee — Updating the story of Rep. Sheila Jackson Lee (D-Houston) quickly turning around to file for re-election after losing the Houston mayor’s race on Saturday, the congresswoman will now face an active primary campaign for renomination. Former Houston City councilmember and ex-US Senate candidate Amanda Edwards says she will continue with her campaign and challenge the incumbent.

Edwards originally filed in case the 18th District seat would open because of a Jackson Lee victory in the mayor’s race. Instead, we will see a legitimate primary challenge in the March 5 Super Tuesday election. Three other Democrats also filed in anticipation of an open seat. Therefore, if none of the candidates reach the 50 percent plateau, a runoff would occur between the top two finishers on May 28.

Rep. Jackson Lee will be favored for re-election, but the Edwards challenge merits attention. The FiveThirtyEight data organization rates TX-18 as D+43, so the Republican primary becomes irrelevant.

States

California: Two Ex-Congressmen Running for Legislature — With the California candidate filing deadline closing last Friday, we see the unusual situation of two retired eight-term US congressmen now running for seats in the California legislature. Former Rep. Jerry McNerney (D), who retired from Congress at the beginning of this year, filed for the open Stockton-anchored state Senate seat, and George Radanovich (R), who left the House at the beginning of 2011, is running in an open Fresno area Assembly district.

For Radanovich, this will be his second try for the legislature. In the 2022 election, he ran for an open state Senate seat but failed to advance into the general election from the all-party jungle primary.