Category Archives: Courts

Florida Supreme Court Upholds
2026 Redistricting Map

2026 Florida redistricting map (to view interactive version, click on map or go to Dave’s Redistricting App)

By Jim Ellis — Thursday, June 11, 2026

Redistricting

In what is likely the final major development of the 2026 mid‑decade redistricting cycle, Florida Gov. Ron DeSantis (R) announced yesterday that the state Supreme Court has rejected Democrats’ appeal of the newly enacted congressional map. As a result, the new districts will be in place for the 2026 election.

The ruling arrives just in time for candidates to finalize their congressional filings before tomorrow’s deadline. The map is designed to shift four Democratic seats into the Republican column, creating a projected 24R-4D delegation. As with the new plans in Texas and California, it remains to be seen whether the election results will deliver the partisan division that the map architects intended.

According to the statisticians at Dave’s Redistricting App (DRA), the four most vulnerable Democratic incumbents are, in order: Rep. Darren Soto (D‑Kissimmee; 9th District), Rep. Kathy Castor (D‑Tampa; 14th District), Rep. Debbie Wasserman Schultz (D‑Weston; currently in the 25th District but drawn into the new 22nd), and Rep. Jared Moskowitz (D‑Parkland; 23rd District), who will seek re‑election in the new 25th.

DRA’s calculations reflect a comprehensive analysis of each district’s political history, incorporating far more than the most recent presidential results. It remains the only research entity providing this type of information for all 435 congressional districts across the US.

Rep. Soto’s central Florida district undergoes the most dramatic shift: a net partisan change of 38.4 percentage points, moving from 58.8D to 58.9R – a complete reversal from his current 9th District. Rep. Castor’s Tampa-anchored seat shifts 30.9 points toward Republicans, moving from 58.3D to 55.5R.

The new 22nd District, drawn as an open seat, stretches from the Weston area across the peninsula to the Gulf of America. Rather than running in this district, which contains her home, Rep. Wasserman Schultz has announced for the new 20th District – a decision generating controversy within Democratic circles.

The 20th is one of four safe Democratic seats under the new map, but it is also nearly 70 percent minority: 42.1 percent Black, 23.3 percent Hispanic, 3.7 percent Asian, and 1.4 percent Native American. Several Black community leaders have voiced concern that Wasserman Schultz’s move could prohibit one of several African American candidates from winning the seat.

The district is open because former Rep. Sheila Cherfilus‑ McCormick (D) was forced to resign while under federal indictment; she is already attempting a political comeback.

A new Listener Group poll (May 29-June 1; 500 likely FL-20 Democratic primary voters; live interview) tests the field and finds Wasserman Schultz leading with 39 percent. Community organizer Elijah Manley follows with 19 percent preference, former Broward County Commissioner and past congressional candidate Dale Holness has 15 percent, and Cherfilus‑McCormick draws just three percent support.

Once respondents are provided additional information, the race tightens. Thus, while Wasserman Schultz begins as the frontrunner, securing the nomination in the Aug. 18 primary is not assured. Her advantage is that Florida does not require a runoff; a simple plurality is sufficient for victory. If she maintains her current vote base, Wasserman Schultz could win with well under 50 percent. In a runoff system, the data suggests she would face a more difficult path.

The new 22nd District is a Republican‑leaning seat (DRA partisan lean: 54.4R-44.9D) and is expected to elect a GOP candidate in an open race. Democrats note that President Biden received more votes than President Trump in the 2020 election when reconfigured under the new boundaries. Republicans counter that Trump rebounded here in 2024 and that GOP voter registration has surged since 2020.

The new 25th District, which hugs the Atlantic coast, stretching from Boca Raton down to Miami Beach, is the least Republican of the targeted districts. Its DRA partisan lean is 52.3R-47.0D, and Moskowitz emphasizes that he already represents roughly half of the constituency. Still, the district shifts 19.5 points toward Republicans compared with his current 23rd District.

The redistricting outcomes in Florida and Virginia – where Democrats lost their plus-4D map in court – clearly improve the House Republican national landscape. Across all newly implemented maps, Republicans appear positioned to gain between five and 12 seats relative to their current 220-215 House margin.

Democrats still have a path to reclaiming the House majority in 2026, but the redistricting battles have unquestionably strengthened Republican prospects.

Potential Wisconsin Redistricting

Click map above to see full size.

By Jim Ellis — Thursday, April 3, 2025

Redistricting

If Wisconsin congressional redistricting occurs later this year as a result of Tuesday’s state Supreme Court election, which current House members will be most affected?

Now that Democrats have won the high court election in the person of Dane County Circuit Judge Susan Crawford (D), expect the new panel members to eventually position themselves to redraw the state’s congressional districts.

Though redistricting is supposed to be completed just once a decade after a decennial census, we have seen many court decisions forcing mid-decade redraws of congressional or state legislative district boundaries. It has now gotten to the point, as it did in the last two Wisconsin state Supreme Court election battles, that some judicial candidates even add the redistricting issue to their campaign agenda.

In the Wisconsin instance, the court will likely rule that the state’s 6R-2D congressional map is a partisan gerrymander. Judge Crawford stated during the campaign that she believes the districts should be redrawn, thus creating two more Democratic seats. Proponents of this line of reasoning suggest that because the statewide vote count is routinely a toss-up in the state, the congressional map should be a reflection of the typical statewide voting trend.

Before the 2024 election, the Wisconsin court, again with a 4-3 Democratic majority, redrew the boundaries of both the state Assembly and Senate using a similar partisan gerrymandering argument. The change resulted in Democrats gaining a net 10 seats in the Assembly and four in the Senate. Though the new map severely altered the partisan complexion, Republicans still maintained their majorities in both houses.

Curiously, the court did not simultaneously change the congressional map as many believed they would. Some analysts surmised that the underlying reason for not redrawing the federal plan was the US Senate race.

At the time of the legislative redraws, it appeared Democratic Sen. Tammy Baldwin would draw an easy opponent and secure a third term. Yet, if the congressional lines were redrawn, it would have been probable that Rep. Bryan Steil (R-Janesville), who already had well over $3 million in his federal campaign account at the time, would jump into the Senate race if his 1st Congressional District was drawn to elect a Democrat.

If this was the surprising reason for leaving the congressional map untouched, it was likely a prudent partisan move. Ultimately, what appeared at the outset to be a strong run for Baldwin turned into a very tight battle as underestimated candidate Eric Hovde (R) managed to run a viable campaign and came within nine-tenths of one percentage point of unseating the Senator. It is reasonable to believe that an opponent such as Rep. Steil, who would have been taken seriously from the beginning, might have attracted more support than Hovde and won the seat.

With no 2026 Wisconsin Senate race, a federal statewide campaign will not be a factor. The Governor’s office, on the other hand, is on the ballot. Gov. Tony Evers (D) has won two close gubernatorial campaigns and looks to be preparing to run for a third time. Changing the congressional map could force a displaced Congressman to move into the Governor’s race, thus making the incumbent’s re-election path more difficult.

Assuming the court moves forward with a redraw, who will be the likely targets? The answer lies in the southern and western parts of the state where Reps. Steil and Derrick Van Orden (R-Prairie du Chien) already hold competitive political districts.

According to the Dave’s Redistricting App statisticians, Rep. Steil’s 1st District has a partisan lean of 49.4R – 48.3D. Rep. Van Orden’s district is similarly tight, though Democrats already have a slight edge on the same partisan lean scale, 48.9D – 48.5R. Businesswoman Rebecca Cooke (D), who held Rep. Van Orden to a 51-49 percent victory margin last November has already said that she will return for a 2026 re-match.

To the west of Rep. Steil’s southern 1st District and to the east of Rep. Van Orden’s CD-3, lies the Madison anchored 2nd District of Rep. Mark Pocan (D-Town of Vermont). WI-2’s partisan lean is 69.7D – 28.2R, which means this district could easily shed Democrats to District 3 without endangering Rep. Pocan’s future re-elections.

A similar situation exists in Rep. Steil’s situation. To the north of his district is Rep. Gwen Moore’s (D-Milwaukee) 4th CD. The partisan lean here is 73.6D – 24.2R. This is the state’s coalition minority seat. A combined total of all minorities pushes their Voting Age Population number to 52.9 percent, so there are plenty of Democratic votes that could be transferred to the 1st.

Obviously, more Republican voters from the 1st would be shifted to the 4th, and the same from the 3rd to the 2nd. The map would be more competitive for both Reps. Pocan and Moore, but their districts won’t be changed to the point of making either vulnerable to the point of losing.

The remaining five seats are all heavily Republican, and while Rep. Scott Fitzgerald’s (R-Clyman) 5th CD could be changed as part of the partisan swap among the aforementioned, it probably will continue to remain as a safely Republican seat. It is probable that the state’s northern districts, 6, 7, and 8, those of Reps. Glenn Grothman (R-Glenbeulah), Tom Tiffany (R-Minocqua), and Tony Wied (R-De Pere/Green Bay), won’t fundamentally change.

This is only one possible scenario of a redistricting order that could take many forms. Expect Republicans to put up a major fight, and they will have some potential maneuvers in their legal quivers, but the partisan nature of this particular court suggests a new congressional redistricting plan is on the Wisconsin political horizon.

Democrats Win in Wisconsin;
Republicans Take Florida

By Jim Ellis — Wednesday, April 2, 2025

Elections

Wisconsin circuit judge Susan Crawford

Wisconsin — In the state Supreme Court regular election in Wisconsin, though nonpartisan on the ballot, Democrat circuit judge Susan Crawford easily defeated Republican former Attorney General Brad Schimel by a 55-45 percent margin to maintain the party’s 4-3 majority on the court. The ramifications of this victory could mean the new court will redraw the state’s congressional map, which would likely lead to a net loss of Republican seats.

The outcome in Wisconsin may be the most significant of all of last night’s election results. The Badger State supported President Donald Trump in the recent 2024 election, but it was the closest of all the swing states, yielding a victory margin of less than one percentage point in the 2024 election. On the other hand, Democratic Sen. Tammy Baldwin was re-elected on that same night by a similarly slim vote spread.

The margin in the state Supreme Court race exceeded the published polls and was greater than expected. Having a clear majority in this hotly contested and expensive campaign will likely embolden the court to venture down a more partisan political path.

Should the Wisconsin high court judges decide to redraw the congressional districts under the partisan gerrymandering argument — before the 2024 election the court redistricted the state Assembly and Senate districts but not the congressional boundaries — the Republicans who would be most endangered appear to be Reps. Bryan Steil (R-Janesville) and Derrick Van Orden (R-Prairie du Chien).

Considering the results, it is probable that the Democratic base was more energized than the Republican, and Independents broke toward the Democrats, and significantly so in the Wisconsin situation. We also see further evidence that many Trump voters are only that and cannot necessarily be counted upon to turnout for Republican candidates without the President himself being on the ballot.

Turnout in all of the races last night was high. The Wisconsin turnout, of more than 2.3 million, or two-thirds of the number who voted in the 2024 presidential election, is high. In both of Florida’s congressional races, turnout exceeded 150,000 voters, and almost reached 200,000 in Florida’s 6th District, which is extremely high for special elections.

Florida — Despite what appeared to be the potential of a Democratic upset in Florida’s 6th Congressional District special election, resigned Republican state Sen. Randy Fine last night secured the congressional seat that National Security Advisor Mike Waltz (R) vacated to accept his Trump Administration position.

In the other Florida election, as expected, state CFO Jimmy Patronis held the seat from which former Rep. Matt Gaetz (R) resigned. Since the far western Panhandle 1st Congressional District is the safest Republican seat in Florida, it was little surprise that Patronis won. As in FL-6, however, the Democratic nominee, athletic trainer Gay Valimont, outspent the winner. The victory percentages, both in the 57 percent range, were well under President Trump’s performance in both districts.

In the FL-6 seat, while Sen. Fine was being out-raised early by a 10:1 margin, the Republican apparatus expended major resources and increased the early vote operation. The GOP advantage was approximately 10,000 votes when combining the mail and in-person early votes. This gave Fine the cushion he needed to secure the election with voters who cast their ballot at the polls. In the end, Fine would win with a margin of more than 27,000 votes.

While the analysis will claim this is a Republican under-performance victory, it is important to remember that Fine represented — before his resignation under Florida’s resign to run law — a state Senate seat more than 100 miles from the heart of CD-6, with no common constituents between the two districts. Therefore, he began the election with no previously established base.

This, plus having to overcome $10 million-plus in expenditures potentially accounts for a somewhat diminished margin as opposed to voters expressing dissatisfaction with the Trump Administration.

The 1st District is significantly more Republican than the 6th, so in reality the Patronis 57 percent victory is actually a greater underperformance than that of Fine. Here too, however, we see a Republican who does not live in the district being outspent and in this case the Democratic message appears stronger. Valimont was concentrating on services that should be brought to the district, such as a VA hospital, as opposed to Fine’s opponent, educator Josh Weil, who campaigned as an admitted socialist and referred to himself as “a bad-ass teacher.”

Tomorrow’s Elections

By Jim Ellis — Monday, March 31, 2025

Elections

Florida state CFO Jimmy Petronis (R)

Important special elections will be held in Florida and Wisconsin tomorrow, and voting in Louisiana on four constitutional amendments this past Saturday did not go the Republican Governor’s way.

At stake tomorrow are two key Sunshine State Republican congressional seats and a crucial state Supreme Court race that will decide the Wisconsin high court majority. The latter election could lead to significant redistricting ramifications for the 2026 campaign cycle.

Florida — In Florida, Republican Jimmy Patronis, the state’s Chief Financial Officer, appears poised to hold the 1st District for the GOP despite being outspent by his Democratic opponent, athletic trainer Gay Valimont.

Patronis does not live in the 1st District for which he is campaigning. This is the CD that former Rep. Matt Gaetz (R) resigned at the beginning of the Congress, thus forcing the special election. The Patronis family, however, owns a major restaurant in the Florida Panhandle which increases Jimmy Patronis’ familiarity throughout the region.

Additionally, he has twice been on the ballot in his statewide runs for CFO, carrying the 1st District both times. Furthermore, at R+38 according to the FiveThirtyEight data organization and FL-1 ranking as the 39th-safest seat in the Republican Conference according to the Down Ballot statistical blog makes a Democratic upset here extremely unlikely.

Democrats have greater optimism about the 6th District even though 538 rates this seat as R+28 and Down Ballot forecasts it as the 105th-safest GOP district.

The candidate campaign spending imbalance favors the Democratic nominee, educator Josh Weil, by almost a 10:1 ratio, which has put the seat in play. Two polls were conducted at the end of last week, and both show a small spread between the two candidates, with Weil and Republican nominee Randy Fine, a state Senator, each leading in one.

The Fabrizio Lee & Associates firm tested the race but did not publicly release the data. Yet, it is being reported that this survey found Fine trailing Weil by three percentage points. The only fully released survey, from St. Pete Polls (March 22-25; 403 likely FL-6 special election voters; interactive voice response system & text; 38 percent of whom stated they had already voted), projects Fine leading 48-44 percent.

Additionally, Sen. Fine’s district is more than 100 miles from the heart of Congressional District 6, and he represents no carryover constituents in the CD. Republican leaders have been complaining that Fine is a poor fundraiser but moving him into a district where the average Republican voter has never heard of him makes his task all the more difficult.

A Republican loss here would bring potentially disastrous ramifications to the Trump legislative agenda and at least for the short term reverse the GOP’s positive momentum.

Wisconsin — The stakes are also high in Wisconsin where a Supreme Court race could lead to an early redraw of the current congressional district map. Dane County Circuit Judge Susan Crawford (D) and former state Attorney General Brad Schimel (R) are the candidates but will appear on the ballot with no party label.

Spending on both sides has been heavy. Should Crawford win, it is quite possible the court will then order the congressional map redrawn, which could mean the loss of two Republican seats. This would be especially dangerous for the GOP if the court orders special elections to be held after a redraw is complete.

A superintendent of public instruction election is also being conducted. Both candidates are Democrats, but the more conservative of the two has a fundraising advantage and a chance to defeat the incumbent. A ballot initiative to enshrine the state’s voter ID law in the state constitution is also before the electorate’s consideration.

Louisiana — In Louisiana, Gov. Jeff Landry (R) was advocating for four different constitutional amendments that pertained to several subjects including budget, taxes, spending caps, teacher bonuses, juvenile justice, and special elections.

Liberal organizations, largely intent on defeating the amendment that would have increased penalties for juvenile crime, created a “No on All” campaign to sink all four amendment proposals. Some conservative organizations also opposed several of the ballot propositions for other reasons. A major reason for the landslide defeat of all the measures was their complexity. Some analysts believed the lengthy intricacies of the four amendments made them difficult to fully understand, so the safer move was voting “no on all.”

Elections: Johnson Wins in Chicago, Democrat Wins Crucial Wisconsin Judicial Race; Trump Gets Post-Indictment Bounce; House News

By Jim Ellis — Wednesday, April 5, 2023

Election Results

Cook County Commissioner Brandon Johnson (D) will succeed Chicago Mayor Lori Lightfoot (D).

Chicago Mayor: Johnson Wins Close Election — Former Chicago Public Schools CEO Paul Vallas was attempting to complete a worst-to-first showing from his last place finish in the 2019 Chicago mayor’s race, but fell just under three percentage points of accomplishing his goal. The winner, with 51.4 percent of the runoff vote, is Cook County Commissioner Brandon Johnson (D), who will now succeed Mayor Lori Lightfoot (D) after her defeat in the initial round of voting.

Johnson’s combined support from the Chicago Teachers Union and the black and Hispanic communities, together of which accounts for approximately 60 percent of the city’s population, led to his victory. Commissioner Johnson is himself a former teacher and union organizer.

Wisconsin Supreme Court: Democrat Wins — Milwaukee County Circuit Court Judge Janet Prostasiewicz won a rather easy 55-45 percent victory last night in what many believe was a crucial election. The victory now gives the Democrats the majority on the state Supreme Court for the first time in 15 years. Abortion, again, was a major topic in the race with Prostasiewicz positioning her opponent, former defeated Supreme Court Judge Dan Kelly, as an extremist. Kelly raised little money for the race, but had major outside support. Prostasiewicz and the Democrats had a major resource advantage, and ran the campaign as if it were closer to a partisan congressional race than a judicial battle.

It is probable that we will now see a redistricting lawsuit filed and the state’s 6R-2D map overturned. Prostasiewicz indicated during the campaign that she thought the congressional map was “unfair.”

It appears Republicans won a state Senate special election that would give them a Super Majority within the body. This would allow them to override many of Democratic Gov. Tony Evers’ potential vetoes. With 99 percent of the vote counted, Republican Dan Knodl held 50.4 percent of the vote.

President

State Polling: Trump’s Indictment Bounce — Though now under indictment, former President Donald Trump sees his polling numbers continue to improve, this time in three states. His lead over Florida Gov. Ron DeSantis, and others, has grown according to new surveys from Massachusetts and New Hampshire, while his deficit has closed in the Sunshine State.

Opinion Dynamics, polling for the Boston Herald newspaper (released April 3; 475 likely Massachusetts Republican primary voters) sees Trump’s Massachusetts lead expand to 45-21-9-3 percent over Gov. DeSantis, former UN Ambassador Nikki Haley, and ex-Vice President Mike Pence. In a two-way test, Trump led DeSantis, 46-32 percent.

In New Hampshire, St. Anselm’s College conducted one of their regular Granite State surveys (March 28-30; 1,320 registered New Hampshire voters; live interview via cellphone). Here, Trump’s advantage is 42-29 percent, with New Hampshire Gov. Chris Sununu pulling 14 percent.

The Mason-Dixon Polling & Research Florida survey (March 27-30; 625 registered Florida voters with a 507 over-sample of Republican voters for the GOP primary questions; live interview) sees DeSantis, with a strong GOP approval rating of 87:7 percent favorable to unfavorable, leading former President Trump 44-39 percent before the governor’s home state electorate.

House

MI-10: New Democrat Comes Forth — Last November freshman Rep. John James (R-Farmington Hills) won a very tight 49-48 percent election victory over former judge and prosecuting attorney Carl Marlinga (D). He has now already drawn two opponents even though Marlinga is expected to return to seek a re-match.

Earlier in the week, former state representative candidate Diane Young (D) announced her congressional candidacy. Previously, attorney and 2022 congressional nominee against Rep. Lisa McClain (R-Bruce), Brian Jaye (D), declared his candidacy in the adjoining 10th CD. It is already clear that regardless of how many Democrats come forward to attempt to challenge Rep. James, the 2024 Democratic nominee will almost assuredly again be Marlinga. He will once more give Rep. James a very competitive battle in the general election.

NY-3: Rep. Santos Has Primary Challenge — It is a foregone conclusion that embattled freshman New York Rep. George Santos (R-Long Island) is the most vulnerable House member for the coming 2024 election. While two Democrats have previously announced their candidacies, the first Republican challenger stepped forward yesterday.

Afghan War veteran and former JP Morgan Vice President Kellen Curry declared himself a candidate for the Republican nomination. It is expected that we will see a crowded Republican primary form long before the June 2024 New York primary. Defeating Rep. Santos in the primary may be the only way the GOP has of potentially salvaging the seat.

NY Overreach = GOP Majority

CNN’s New York state redistricting map (more coverage on CNN)

By Jim Ellis — Nov. 22, 2022

House

New York State: Redistricting — There is an argument to be made that the New York Democratic redistricting brain trust helped create the new Republican US House majority. With their over-reach on the original map that the legislature and governor enacted, the end result became so egregious that even the Democratic lower and upper courts rejected the congressional map as a pure partisan gerrymander.

The original enacted plan would have yielded a 22D-4R partisan split in the NY congressional delegation of 26 members, thus costing the Republicans four of the eight Empire State seats they control in the current Congress.

Once the votes were cast on Nov. 8 in the districts that the judges’ special master drew to replace the legislature’s plan, the end result saw Republicans not losing four seats but rather gaining three in relation to the current map and seven when compared to the Democrats’ original draw.

Therefore, instead of the intended 22D-4R plan, the New York delegation now headed to Washington is comprised of 15 Democrats and 11 Republicans. With a small Republican majority of what ultimately may be 220-222 seats once the outstanding California and Alaska races are finally projected, the NY swing is arguably the difference in determining which party controls the House.

The Democrats’ map would have reduced the Republicans to just one seat on Long Island, taken the lone district they have in New York City, turned the GOP’s Syracuse seat strongly Democratic, and collapsed the southwestern Upstate seat of resigned Rep. Tom Reed (R) as the lost district in national reapportionment.

You will remember that New York lost a congressional seat by just 89 people when the Census Bureau announced each state’s congressional district compilation under the national reapportionment formula.

After striking down the legislature’s map and replacing it with their own special master’s plan, the court in effect restored much of New York to its historic congressional district pattern.

Under the legislature’s plan, Long Island’s 1st District (Rep. Lee Zeldin) was drawn from the far eastern part of Suffolk County all the way into Queens. This led to stashing a preponderance of the region’s Republican voters in Rep. Andrew Garbarino’s (R-Sayville) South Shore 2nd District. The concept then allowed the map architects to make Districts 3 and 4, both open in 2022 with Reps. Tom Suozzi (D-Glen Cove) running unsuccessfully for governor and Kathleen Rice (D-Garden City) retiring, safely Democratic. The court undid this design.

Now, the 1st District returns to a Suffolk County anchored seat, a CD that Republican Nick LaLota, a former local official and Navy veteran, won to succeed Rep. Zeldin. Rep. Garbarino is back but with a less Republican South Shore seat, which then created a marginal North Shore District 3 seat that Republican George Santos won 54-46 percent in a domain that the FiveThirtyEight data organization rates D+4.

The biggest surprise in New York, and perhaps the country, came in Rep. Rice’s open 4th CD, where Republican Anthony D’Esposito defeated heavily favored Democrat Laura Gillen, 52-48 percent, in a district that actually became more Democratic under the court map at D+10.

The other Republican gains came in the Hudson Valley, where state Assemblyman Mike Lawler (R-South Salem) upset Democratic Congressional Campaign Committee (DCCC) chairman Sean Patrick Maloney (D-Cold Spring) in a D+7 District 17, and Dutchess County Executive Marc Molinaro (R) rebounded from a special congressional election loss in August to claim a 51-49 percent win in a new 19th District rated as R+1.

In the 18th District, state Assemblyman Colin Schmitt (R) came within a percentage point of sweeping the Hudson Valley seats for the GOP, but Rep. Pat Ryan (D-Gardiner) held onto the 18th CD seat after he had won the 19th District special election three months earlier.

The Republican victory string ended with tech executive Brandon Williams (R) defeating former intelligence officer Francis Conole (D) by a percentage point to hold the open Syracuse seat, and former New York Republican Party Nick Langworthy easily won the new 23rd District from which Rep. Reed resigned and Rep. Joe Sempolinski (R-Canisteo) is serving as a caretaker.

The New York 2022 election cycle illustrates just how important map drawing and judicial decisions are in determining US House elections. The New York courts, for example, created a much more competitive political playing field, which certainly led to different results than we would have seen under the legislature’s partisan draw.

Considering that the US Supreme Court is likely to make landmark Voting Rights Act rulings on the Alabama and North Carolina cases before June ends next year, we will likely see new redistricting maps being drawn in several states, and New York could be one of those places. Any newly constructed map would take effect in the 2024 election. A major Supreme Court decision will add yet another dimension to what already promises to be another hot House campaign cycle coming in the new term.

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.”

Continue reading →

Three Events Mark The Most Significant Day in 2022 Election Cycle

By Jim Ellis

Feb. 10, 2021 — Three major events affecting the election process occurred Monday, making it possibly the most significant day to this point in the 2022 election cycle.

NY-22

Rep. Anthony Brindisi (D-Utica) conceded a tight election Monday after former US Rep. Claudia Tenney (R) was certified as the NY-22 winner by 109 votes.

From New York, and rather surprisingly, former Rep. Anthony Brindisi (D-Utica) conceded the last remaining uncalled 2020 election late Monday afternoon. The move was unexpected because he had filed several appeals to State Supreme Court of Oswego County Justice Scott DelConte’s rulings concerning more than 500 ballots that were either added to the aggregate count or voided.

On Friday last week, Justice DelConte’s ordered the counties that comprise the 22nd District to send their final vote counts to the state Board of Elections for final certification. The districtwide total gave former Rep. Claudia Tenney (R) a 109-vote victory margin.

Brindisi was not shy in bashing the local election officials as part of his concession, however. The election administration in seven of the district’s eight counties were often criticized as part of the almost three-month long court proceeding with Justice DelConte even going so far as saying that the officials on several occasions either ignored or outright violated New York election law in their handling, counting, and reporting of the votes.

Oneida County, the district’s largest, came under the heaviest criticism when it was discovered that 2,418 people had fully complied with the registration process, but their documents were never converted into official voter registration status. As a result, these individuals were barred from participating in the 2020 election.

Brindisi stated that, “sadly, we may never know how many legal voters were turned away at the polls or ballots not counted due to the ineptitude of the boards of election, especially in Oneida County.” He said he was conceding because the New York Upstate region needs to “move on” after such a long post-election contestation period.

It is presumed that that state Board of Elections’ commissioners will shortly certify the election and that Tenney will then be sworn into the House for the current term. Continue reading →

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.

Continue reading →

Pennsylvania Voting Rules

By Jim Ellis

Sept. 21, 2020 — Pennsylvania’s Democratic controlled Supreme Court changed their state election procedures late last week in a series of rulings on a lawsuit that the Pennsylvania Secretary of State and PA Democratic Party previously filed.

Under the new process, receiving votes after the election is allowed if “no evidence exists” that the ballot was mailed after Election Day, Nov. 3. The deadline for ballot acceptance now moves from 8 pm on Election Day to 5 pm, Friday, Nov. 6. Pennsylvania becomes the 17th state to allow post-election reception for this 2020 election. The ruling increases the chances that we will not have a winner declared on election night.

Additionally, three other rulings will allow drop boxes to be used as ballot receptacles in the various counties, affirmed that poll watchers can only serve in their own county of residence, and Green Party candidate Howie Hawkins’ name was removed from the ballot. The court did not grant the lawsuit motion to allow ballot harvesting, which would permit third parties to deliver ballots to the authorities or ballot drop boxes.

The drop boxes will be placed in various locations around a county and voters can deposit their ballots without using the postal service to transfer their vote to the county election authorities. Hawkins’ name was removed from the ballot because the court said he “failed to comply with the Election Code’s strict mandate” and the attempts to fix the problem “did not suffice to cure that error,” but the specifics were not addressed.

With the large number of absentee ballots expected here and in other states, the trend toward allowing post-election reception, and the laws that some states, like Pennsylvania, have to control when the mail ballots can be counted, makes it less likely that we will see a definitive presidential campaign result on Nov. 3. The same will be true for certain US Senate and House races.

Of the 17 states, now including Pennsylvania, that are allowing post-election ballot reception, seven appear competitive. The others, Alaska, California, Kansas, Massachusetts, Mississippi, New Jersey, Utah, Virginia, Washington, and West Virginia will likely declare a clear winner relatively early in the counting period.

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