Author Archives: Jim Ellis

OH-11: Special Election Tightening

By Jim Ellis

OH-11

July 14, 2021 — For most of the special election campaign to replace Housing & Urban Development Secretary Marcia Fudge in her vacated US House district, it appeared that former state senator and Bernie Sanders for President 2020 national co-chair Nina Turner was a lock for the Democratic nomination. As the contest steams toward an Aug. 3 special Democratic primary election date it appears, however, that the political battle is far from over.

Cuyahoga County Councilmember and County Democratic Party chair Shontel Brown is making major strides that have come to the surface in the past two weeks. According to a just-released Normington Petts survey for the Brown campaign (July 5-8; 400 OH-11 likely Democratic special primary election voters, live interview), ex-Sen. Turner now holds only a 43-36 percent margin over Brown with the 11 minor Democratic candidates splitting the remaining 7 percent preference total.

In the firm’s first poll of this race back in April, Turner led Brown, 42-10 percent. As Jill Normington notes in her released polling synopsis, the latest results find Brown gaining 26 support percentage points between the time the two Normington Petts polls were conducted as compared to just one for Turner.

With recently announced endorsements from Hillary Clinton, House Majority Whip Jim Clyburn (D-SC), Buckeye State 2018 gubernatorial nominee Richard Cordray, Ohio US Rep. Joyce Beatty (D-Columbus), the Congressional Black Caucus, and 18 local mayors, in addition to an impressive array of community, religious, and labor leaders from the district, it appears Brown is gaining serious momentum with three weeks remaining in the primary cycle.

Turner has her own strong support organization, too, most notably from Cleveland Mayor Frank Jackson, state Senate Minority Leader Kenny Yuko, former Ohio Democratic Party chairman David Pepper, and the Justice Democrats led by New York Rep. Alexandria Ocasio-Cortez. Turner also draws support from her own group of a dozen Ohio state legislators and many local officials, along with a large number of Cleveland and Akron community and religious leaders.

Originally, Turner was lapping the entire field in terms of money raised and spent. Now, however, Brown has caught her in this area, too. According to the Daily Kos Elections site, Turner has spent $1.2 million in the campaign as compared to Brown’s $617,000, but they also track another $475,000 coming in from an outside negative ad expenditure targeted against Turner from the Democratic Majority for Israel organization.
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House Vulnerables – Part II

By Jim Ellis

July 13, 2021 — On Monday, we began a two-part series on what are arguably the most vulnerable dozen US House seats based upon the individual district’s political performance over the past two elections.

Below is the priority order update covering the second half of the top 12 most vulnerable CDs. As you will continue to see below, all of the seats except one are Republican held.

To refresh, the first six covered were:

• IA-2 (Rep. Mariannette Miller-Meeks, R-Ottumwa)
• IA-1 (Rep. Ashley Hinson, R-Marion/Cedar Rapids)
• IA-3 (Rep. Cindy Axne, D-Des Moines)
• FL-27 (Rep. Maria Elvira Salazar, R-Miami)
• CA-48 (Rep. Michelle Steel, R-Orange County)
• NY-22 (Rep. Cynthia Tenney, R-New Hartford)

Here’s our look at the next six:

UT-4: Rep. Burgess Owens (R-Salt Lake City) – Ave R vote: 48.8%
• Former NFL football star and businessman Burgess Owens defeated freshman Rep. Ben McAdams (D) by one percentage point in 2020, and we can expect another competitive race here again within this mostly suburban Salt Lake City congressional district located in the metropolitan area’s southern sector.

Republicans, who are in full control of the Utah redistricting process, will attempt to improve the district for Owens, which is possible since the 4th CD is the fastest growing district in the fastest growing state over the past decade. The best estimates suggest that the 4th District must shed approximately 50,000 people to other CDs. This should allow map drawers to subtract a substantial number of Democratic voters from the district, thus yielding Burgess a slightly more favorable political domain.

At this point, McAdams, who was the Salt Lake County mayor prior to his election to Congress, has not indicated whether he will return for a re-match.

MN-1: Rep. Jim Hagedorn (R-Rochester) – Ave R vote: 49.3%
• Two-term Rep. Hagedorn just announced that his cancer has returned, meaning an immediate treatment regimen. How this will affect his re-election campaign is yet to be determined. Hagedorn has won two close elections, as has his Democratic colleague in the adjacent district, Rep. Angie Craig (D-Eagan).

Minnesota is the only state in the nation that sees a split control legislature, meaning each party controls one house. Since the state did not lose a congressional district in apportionment as originally projected, it would not be surprising to see a legislative deal made where Democrats and Republicans are flipped between the two adjoining districts. The changes would result in Hagedorn gaining Republicans and Craig adding Democrats. Redistricting will perhaps be the most critical factor in determining the outcome of both districts come 2022 and beyond.

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House Vulnerables – Part I

By Jim Ellis

July 12, 2021 — Much of the early 2022 election cycle narrative places the Republicans in an advantageous position to re-claim the US House majority they lost in 2018, but there are mitigating factors that make predicting such an outcome premature.

To begin, analysts cite the historical voting pattern that yields large midterm losses for the party that wins the White House in the previous election – a mean average House seat loss of 25 for the president’s party in the first midterm in the 11 such elections from Eisenhower in 1954 to Trump in 2018 – which is a key influence factor for the 2022 election cycle.

Since we are immediately following a new census, redistricting will change at least to a small degree all of the districts in the 44 states that will have more than one seat. Most analysts believe Republicans will be at least slight beneficiaries of the new maps because their party controls most of the state legislatures that will draw the new lines.

The states, however, do not yet even have their census tract data and won’t until mid-August at the earliest; therefore, redistricting will be later and even more chaotic than we are accustomed to seeing. The delays could lead to more interim court maps being placed for the 2022 election, which could neutralize any gain the GOP achieves from their favorable position in the majority of state legislatures that have redistricting power.

Additionally, one must look at the 2020 race results to determine which of the seats will become major targets. In November, 53 current House members won their elections with less than 52 percent of the vote, 27 Democrats and 26 Republicans. In terms of the closest election results, and likely meaning the most vulnerable conversion targets for the 2022 re-election cycle, we see 11 Republicans in the 12 seats where the incumbent’s party averaged 50 percent of the vote or below in the previous two electoral contests.

This tells us that the national Republican strength factor heading into the midterm vote may be somewhat weaker than noted in a cursory overview.

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NYC Ranked Voting – Any Difference?

NYC Democracy produced a voter palm card to help guide voters in a ranked-choice voting scenario.

By Jim Ellis

July 9, 2021 — The Ranked Choice Voting system was on major display in the New York City primary races that began with early voting on June 12 and ended yesterday with declaration of winners. Adding early voting and Ranked Choice Voting in lieu of traditional ballot casting created a 26-day election period, but did the expanded voting cycle change any results?

Ranked Choice Voting is a variation of an instant runoff, a concept that dates back to a similar system first used in Australia in 1918. The idea is to prevent a person from winning a plurality election with a just a small percentage, i.e., Brooklyn Borough president Eric Adams would have won the New York City mayoral Democratic primary with 30.8 percent of the vote on the single election day of June 22 had the traditional system been in place. This means that 69.2 percent of voters chose another candidate.

Instead, after the 26-day election period, Adams still won the party nomination under Ranked Choice Voting but with a convoluted 50.5 percent majority vote at the conclusion of a marathon counting process.

For years, mostly southern states have used a runoff system to correct the problem of a candidate winning an election with a small percentage, such as NYC’s Adams’ 30.8 percent recorded on June 22. In those places, a secondary election is held between the top two finishers at a later date. Ranked Choice Voting allegedly produces a majority result, but without the expense of running a second election.

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Pew’s Post-Election Findings

By Jim Ellis

The candidates in action at the first presidential debate in Cleveland, Ohio: President Donald Trump (left) and former vice president Joe Biden.

July 8, 2021 — The Pew Research Center conducted a post-election poll and spent seven months developing their conclusions. On the last day of June, they publicized their report.

The study, conducted just after the November election (Nov. 7-12; 11,818 individuals through groups of screened panelists, online) was exhaustive.

Quoting the methodology description, “noncitizens and those who refused the citizenship question (N=450), voters who refused to answer the vote choice question (N=84) and panelists who declined to provide their names and thus could not be matched to a voter record (N=139) were removed, leaving 11,145 panelists for analysis.” Of this latter number, 9,668 respondents were validated as voters, meaning the research team verified with a local election office that the particular individual had in fact voted.

The basic voter segmentation conclusions were speculated upon in most media sectors during the early post-election period, but this research validates and expands upon the discovered patterns. Largely, President Biden received a significant boost from suburban voters, which proved the major difference in his increasing Democratic popular vote performance.

Despite losing the popular vote by a substantial margin, former President Trump surprisingly improved his standing with several groups such as Hispanics, Asians, black men, young voters, and women, but not to the degree necessary to counter Biden’s strength with suburban voters.

For example, among suburban voters, according to the Pew research, Biden recorded 54 percent support as compared to Hillary Clinton’s 45 percent in the 2016 election. Conversely, Trump only carried white voters 51-47 percent in the most current election, a major reduction from the 54-38 percent spread he posted four years earlier.

While Trump declined in the suburbs, his performance among rural voters was even stronger than his 2016 benchmark. In 2020, Trump’s percentage among rural voters rose to 65 percent from his 59 percent previous showing. Additionally, rural female voters largely account for his overall increase among women as he moved from 39 percent in ’16 to 44 percent in 2020.

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California’s Lost Seat

By Jim Ellis

July 7, 2021 — For the first time in history, California loses a congressional seat in reapportionment, and the public input session that was scheduled to begin yesterday continues the California Citizens Redistricting Commission’s Phase 2 process. This week, the commission members continue listening to testimony about how the districts should be drawn for the state’s congressional delegation and both houses of the Golden State’s legislature.

Sitting adjacent to each other are the following California congressional seats: CA-32 (Rep. Grace Napolitano; D-Norwalk), CA-38 (Rep. Linda Sanchez; D-Whittier), CA-40 (Rep. Lucille Roybal-Allard; D-Downey), and CA-44 (Rep. Nanette Diaz-Barragan; D-San Pedro).

After California, along with the other 49 states, receives its census tract information after the Aug. 15 negotiated deadline, the five Democrats, five Republicans, and four non-affiliated CCRC members will study and organize the data until their Phase 3 line drawing process commences in September. The commission was created through a 2010 ballot proposition that removed redistricting power from the legislature and instituted a citizens panel to create the new post-census maps every 10 years. This is the body’s second redistricting cycle.

The commission timeline was crafted after the state of Ohio sued the Census Bureau to force a faster distribution of the state redistricting data. Originally, using COVID as their principal excuse, the Bureau leadership set Oct. 1 as their distribution deadline goal. In typical years, states would have received the census tract information months ago. The Ohio lawsuit was settled with the two sides agreeing on an Aug. 15 deadline that is now in effect for the whole country.

The commission members are now tasked with changing the state’s 53-member congressional delegation into a map that features only 52 seats. And now, the question of just which area will lose the district must be tackled.

Looking at the latest public district data, that through July 1, 2019, we see some patterns providing key clues. It is understood that the last year of the census is not included in these numbers, and reports suggest that the final 12 months of the 10-year cycle resulted in significant change for the state as the number of people leaving for other places substantially increased. In fact, for the first time, California actually has fewer people than it did in a preceding year.

The most significant loss appears to come in central Los Angeles County. Looking at the current 53 districts, the seat with the lowest population is Rep. Adam’s Schiff’s (D-Burbank) San Fernando Valley 28th CD. But the cluster of seats in the heart of Los Angeles suggests an area where two seats can easily be collapsed.

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SCOTUS Rules; Calif. Recall Scheduled

Current US Supreme Court

By Jim Ellis

July 6, 2021 — On their last day of the year’s early session last week, a Thursday, the Supreme Court of the United States issued rulings on the Arizona voting rights case and the California non-profit organization disclosure lawsuit.

In the Democratic National Committee v. Brnovich, the Supreme Court with Justice Samuel Alito writing for the 6-3 majority, ruled that the state of Arizona did not infringe upon minority voting rights or violate Section 2 of the Voting Rights Act in both prohibiting ballot harvesting with certain exceptions, and not counting provisional ballots cast from voters who do not reside in the particular precinct that the polling place covers.

The high court agreed with Arizona Attorney General Mark Brnovich’s (R) arguments that the laws are not racially motivated, nor do they intentionally discriminate against certain segments of the voting population, thus overturning the full 9th Circuit Court of Appeals ruling.

Originally in 2016, Brnovich won at the district court level and on the first appeal to a three-judge panel from the 9th Circuit. The DNC requested an en banc review of the original appellate ruling that agreed with Brnovich, and the entire 9th Circuit membership overturned the decision, siding with the plaintiff. At that point, AG Brnovich petitioned the Supreme Court, which agreed to hear the case. (Hearing cases en banc allows the full circuit court to overturn a decision reached by a three–judge panel. Due to the decreasing probability of U.S. Supreme Court intervention, the circuit court is often the court of last resort in the ordinary life of a case, thereby amplifying the importance of en banc review.)

In his ruling, Justice Alito stated that “every voting rule imposes a burden of some sort,” and that “mere inconvenience cannot be enough to demonstrate a violation of Section 2.” He also cautioned that, “what are at bottom very small differences should not be artificially magnified.”

While agreeing that holding free and open elections is a “valid and important state interest,” he also addressed the voter fraud argument, clearly stating that attempting to prevent such abuses is also a “strong and entirely legitimate state interest.”

In her article discussing these rulings, Supreme Court expert Amy Howe, in her Howe on the Court article that was published on the SCOTUS blog, offered that the Brnovich ruling “will make it more difficult to contest election regulations under the Voting Rights Act,” and thus likely means fewer voting rights cases coming through the courts. She further categorized this decision as a “major ruling.”

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