Category Archives: House

Elections are Right Around the Corner

By this time next week, we will know the results of a special congressional election and two statewide primaries. And, on May 24, in upstate New York, another congressional vote follows. We will present an update report on the NY-26 race when that particular election approaches.

Saturday, May 14 – West Virginia Governor:
When Joe Manchin was elected to the Senate last year, he left the governor’s office with two years remaining on his final term. Under a rather ambiguous state succession law, it was determined that state Senate President Earl Ray Tomblin (D) would become acting governor, but a special election would still be held to fill the unexpired portion of the gubernatorial term. The special election winner would serve the remaining 14+ months of the term but would be eligible to run for a full four years in the regular 2012 election.

Because every West Virginia office holder has a free ride for the special election, both parties drew very crowded fields. For the Democrats, aside from Tomblin, Secretary of State Natalie Tennant, state Treasurer John Perdue, state Senate President Jeff Kessler, and WV House Speaker Rick Thompson are all in the field of candidates. When the biggest Republican name, Rep. Shelley Moore Capito (R-WV-2) decided not to enter the race, a plethora of eight Republican candidates jumped into the race, led by former Secretary of State Betty Ireland. Westover Mayor Cliff Ellis and Senate Minority Whip Clark Barnes appear to be among the most serious challengers to Ireland.

Heading into Saturday’s election, it appears that Tomblin has a sizable polling lead among Democrats, as does Ireland for the Republicans. The special general election won’t be until Oct. 4, meaning a rather long special cycle. Should Tomblin win the Democratic nomination as expected, he will begin the special general in the favorite’s position.

Tuesday, May 17 – Kentucky Governor:
While the other elections are all of the irregular variety, the Kentucky vote is regular. The Blue Grass State normally elects its governor and statewide constitutional officers in the odd-numbered years. Tuesday should be a yawner in the governors’ race, however. Gov. Steve Beshear (D) is seeking re-election and remains unopposed for his party’s nomination. Republicans feature three sets of candidates, as gubernatorial and lieutenant governor candidates run as a team, even in primary elections. State Senate President David Williams and his running mate, Agriculture Commissioner Richie Farmer, appear to be the decided front-runners for the GOP nomination.

With a clear financial advantage and the voting history trends decidedly favoring the Democratic candidate in Kentucky governor races, Beshear becomes a prohibitive favorite in the major party match-up with Williams for the Nov. 8 general election. Five other offices: attorney general, secretary of state, state treasurer, state auditor, and agriculture commissioner, will also being decided during this regular election cycle.

Tuesday, May 17 – CA-36 Special Election
California Rep. Jane Harman (D), who resigned her seat early in the term to accept a position with a foreign policy think tank, forced the Democrats to risk a congressional seat mid-term. Fortunately for them, CA-36 is safely Democratic and the new election laws now allow candidates of the same party to qualify for the general election, meaning their prospects of retaining the seat are even brighter. Considering the field of candidates and the Democratic nature of this district (Obama ’08: 64; Bush ’04: 40) it is likely that two specific individuals will qualify for the special general.

Los Angeles City Councilwoman Janice Hahn (D), who previously ran unsuccessfully for the congressional seat in 1998, losing to Republican Steve Kuykendall who then turned around and lost to Harman two years later, and then subsequently lost a statewide Democratic primary for lieutenant governor, should qualify for the special general election. By bringing in $423,000+ by April 27, Ms. Hahn was the leading fundraising in the race and has significant name identification in the region.

Secretary of State Debra Bowen (D), who was just re-elected to her second and final four-year term as a statewide official, hopped into the race to preserve her long-term political future. Bowen represented large portions of this Los Angeles harbor district during her tenure in both the state Assembly and Senate. Bowen raised $338,000 by the same April 27 disclosure filing deadline. Based upon the strength of the candidates and the CA-36 voting patterns, it would be shocking if someone other than these two ladies moves onto the general election. (There are a total of 16 candidates on the ballot: five Democrats, six Republicans, and five Independents.)

As in the other states hosting gubernatorial elections, the length of this special general cycle is also long. The second election is scheduled for July 12th. A Hahn-Bowen general election will be interesting because both candidates are strong and credible with solid name identification. The summer election will likely become hotly contested because both women possess political strengths. Councilwoman Hahn should place first in the primary and begin the special general election as a slight favorite. In any event, the district will easily remain in Democratic hands, regardless of which of their candidates finally claims the seat in mid-July.
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Does Nevada Have the Right Angle in NV-2?

While the NY-26 special election has taken an interesting turn since Democrats might be on the doorstep of positioning themselves for an upset win on May 24, the NV-2 vacancy seems to be flowing in the opposite direction.

Last week, despite the contention from Nevada Republican Party officials that the state parties would choose nominees for the Sept. 13 special election to fill the unexpired portion of now-Sen. Dean Heller’s (R) current term in the House, Democratic Secretary of State Ross Miller ruled that a jungle-ballot format would take precedence. This means anyone can run for the seat regardless of political party affiliation and, like in the Hawaii special election of 2010, the person obtaining the most votes in the one election, regardless of percentage, is elected. Such a format favors the candidate with the strongest base and plays against a particular party that may field two or more viable candidates.

Miller’s ruling was savvy on at least two points. First, he, as a potential aspirant for future higher office himself, scores points with the Democratic establishment because this is the best possible format for his party to steal what should be a reliable Republican seat. Second, even if the Republicans were to file suit against him, a court would be in a difficult position to rule against a Secretary of State who merely opened up the process equally to everyone, thus his decision is also legally secure.

It was originally believed that the Democrats had a legitimate shot in the jungle format because controversial 2010 GOP Senatorial nominee Sharron Angle would be in the field of candidates, since she had already announced for the seat in the regular election. Before Sen. John Ensign (R) resigned and Rep. Heller was appointed to replace him, the congressman had made known his intention to run for the Senate in the regular 2012 election. Angle barely lost the 2006 congressional nomination to Heller (by 421 votes) the last time the seat was open.

It was also conventional wisdom that Lt. Gov. Brian Krolicki (R) would hop into the congressional race. His strong presence would split the GOP vote and allow a consensus Democrat, presumably state Treasurer Kate Marshall, to slip by the split Republicans and win the seat with a plurality of the vote.

It appears now, however, that the tables have turned. While Angle did enter the special election contest, Krolicki backed away. State Republican Party chairman Mark Amodei, a former state legislator who briefly ran for the Senate in 2010 only to withdraw because he lacked funding, is now in the congressional race. But, so far, the only two other Republicans to declare candidacy are state Sen. Greg Brower and former US Navy officer Kirk Lippold, both of whom have small constituencies.

Amodei, coming from the more moderate wing of the party, could become the main alternative to Angle but none of the Republicans have as strong a political base, both financially and vote-based, as the former Senatorial nominee. Aside from barely losing the GOP primary to Heller in 2006, Ms. Angle actually carried the 2nd district, even against Senate Majority Leader Harry Reid, in the 2010 general election. So, it is clear that this north/central Nevada region constitutes her main base of support.

Now, the Democrats have a potentially split field. While Treasurer Marshall, who most believe is the party’s strongest candidate, announced her candidacy, so did Jill Derby, the former state Democratic Party chair, university regent, and congressional nominee in both 2006 and ’08. Derby, too, has a base in the district. She held Heller to a respectable 45-50 percent winning percentage in ’06, but fell to 41-52 percent in the re-match. It is conceivable that she will take a significant percentage in the special election, votes that will more than likely come right from Marshall’s political hide. Additionally, former university regent and 2010 Democratic congressional nominee Nancy Price is also running again. Though she lost to Heller in a landslide 33-63% vote, she has the potential of snatching a few more votes from Marshall.

While two weeks ago it looked liked the Democrats were in an enviable special election position, the most recent events seem to be unfolding in Angle’s favor. Much more will happen before the May 25 filing deadline to better define the special election parameters. We will then see if the Democrats can fully coalesce behind Marshall, thus restoring what originally appeared to be a reasonable chance at victory.
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Deja Vu All Over Again in New York’s 26th?

The Republicans had a difficult 2010 special election cycle in upstate New York, losing two political contests after beginning as clear favorites. According to Public Policy Polling (May 5-8; 1,048 likely NY-26 special election voters via automated calls) history may yet again repeat itself as Democrat Kathy Hochul has taken a 35-31-24 percent lead over Republican Jane Corwin and Independent Jack Davis.

Mr. Davis, who has unsuccessfully run for Congress three previous times as a Democrat and is responsible for the successful lawsuit against the federal government that overturned the “millionaire’s amendment,” originally part of the McCain-Feingold campaign finance law, is becoming the focal point of this campaign. In New York, Independents have the ability to label themselves on the ballot and Davis chose the word “Tea,” even though he has no association with the New York Tea Party and has always run his previous campaigns from the left. Ms. Corwin is not only attempting to create a clear contrast between herself and Hochul, but must also peel off Republican votes that, to a small but significant degree, are going to Davis. The wealthy Independent has been blanketing the airwaves with ads condemning both parties and “business as usual” in Washington, a viewpoint that certainly attracts many who agree.

Can Corwin, originally viewed as a prohibitive favorite, successfully fight her two-front political war? Will another New York special election again slip through the Republicans’ fingers? The next two weeks will determine the outcome, as Election Day is May 24.
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The Ins and Outs of Candidates

A snapshot look at who’s in and who’s out:

IN
Indiana – Donnelly:
Authoritative reports say that Rep. Joe Donnelly (D-IN-2) will announce his candidacy for the United States Senate today. The move does not come as a surprise, since the new redistricting map gives Donnelly a very marginal congressional seat. Because he won by only a single percentage point in the last election (48-47 percent) in a better district for him, Mr. Donnelly’s decision to run statewide became predictable.

Donnelly will face Sen. Richard Lugar (R) who, at 79 years old, is running for a seventh six-year term. The congressman is banking on the fact that Lugar may have trouble in the Republican primary as the veteran senator has seemingly gone out of his way to alienate the Tea Party wing of the GOP electorate. Already, state Treasurer Richard Mourdock is challenging Mr. Lugar for the party nomination, but the challenger’s lackluster fundraising so far seems to diminish what were higher expectations for an upset. Even if the Lugar primary contest becomes moderately close, Donnelly may be the beneficiary. Though Sen. Lugar is rated as the favorite for both the primary and general election – he didn’t even draw a Democratic opponent in 2006 – this will likely be a competitive race all the way through the November general election.

Turning to the House, Republicans would begin as slight favorites to capture Donnelly’s vacated IN-2 district, particularly when considering the recent re-draw that was just enacted into law. Still, Pres. Barack Obama received 49 percent of the vote under the new boundaries so, despite being eight points better for Republicans, the 2nd is marginal in nature and both parties can win here. Former state Rep. Jackie Walorski (R), who held Donnelly to the one-point victory in 2010, has already said she will run again. Walorski must be considered the early favorite to convert this seat for the Republicans.

OUT
Nevada – Krolicki:
Nevada Lt. Gov. Brian Krolicki (R), who most believed would enter the special congressional election to replace now-Sen. Dean Heller (R), announced that he will not run. Krolicki entering the race would have set up a tough jungle-ballot campaign with 2010 Senatorial nominee Sharron Angle (R) and at least one Democrat, state Treasurer Kate Marshall.

Nevada Secretary of State Ross Miller (D) ruled last week that the jungle-ballot system, where all candidates compete with each other and the person garnering the most votes, regardless of percentage, is elected outright, will be utilized for the Sept. 13 special election. With Angle, Krolicki, and possibly several others diluting the Republican vote, it is was judged that the Democrats, in the person of Marshall, could slip through and steal what should be a Republican seat in the jungle format. Without Krolicki competing, Angle now stands a better chance of finishing first, but in a multi-candidate race anything can still happen. The special election will be conducted in the current NV-2, drawn in the 2001 redistricting plan, but the 2012 full-term battle will be held in what is likely to be a vastly different 2nd district.

Michigan – Land: Former Secretary of State Terri Lynn Land said over the weekend that she will not challenge Sen. Debbie Stabenow (D) next year. Despite Stabenow being viewed as vulnerable, though recent polling places her in an improved position against potential GOP candidates, no strong Republican has yet to come forth to declare a Senate candidacy. Ex-Rep. Peter Hoekstra (R-MI-2), who placed second in the 2010 Republican gubernatorial primary and was polling best against Sen. Stabenow, took himself out of consideration two weeks ago.

It is unlikely any member of the congressional delegation will run, though Rep. Thaddeus McCotter (R-MI-11) now seems to be the most logical congressman to consider a Senate race. Deciding not to seek re-election as House Republican Policy Chairman after two terms, McCotter would have a largely unencumbered opportunity to run statewide in 2012.
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Special Election Open to All in Nevada’s 2nd District

Nevada Secretary of State Ross Miller (D), after conferring with legal personnel in Attorney General Catherine Cortez Masto’s (D) office, ruled that the state’s special election law does not give exclusive candidate nomination authority to the state political central committees, as at least the Republican Party had contended. Rather, Miller said in a news conference yesterday, the process will be open to all potential candidates.

With Gov. Brian Sandoval (R) scheduling the NV-2 special election for Sept. 13 after appointing Rep. Dean Heller (R-NV-2) to succeed Sen. John Ensign (R), who officially leaves office today, the Nevada congressional replacement system becomes similar to that of Hawaii – that is, all candidates will appear on the same ballot in one winner-take-all election. This will be the first special congressional election in Nevada’s history, hence the confusion over the law. The race will be conducted under the 2001 Nevada congressional map. The winner will serve what will be the final 15 months of the unexpired term in the current Congress.

The ruling has two clear winners. Sharron Angle, the 2010 GOP Senatorial nominee and former NV-2 candidate (who lost the 2006 GOP primary to Heller by 421 votes), will now likely run in the special election. It was clear that the state Republican Party would not have chosen her as the official party standard bearer, if they had the power to choose a nominee. The Democratic Party benefits under this ruling because coalescing Democratic votes around one strong candidate, like state Treasurer Kate Marshall, who confirms she is running, could allow them to steal the seat with a small plurality since majority Republicans are likely to split their votes among many candidates. This possibility is exacerbated with Angle in the race. Lt. Gov. Brian Krolicki and state Republican chair Mark Amodei are other potential GOP candidates.

The Nevada Republican Party is threatening a lawsuit over Miller’s ruling, but it will be difficult for them to prevail in court. It is hard to see how a judge will overturn an administrative decision that opens an electoral process to all people. The filing period is scheduled for May 23-25. Miller says all legal challenges must be decided by July 15 for his office to have the necessary time to conduct the Sept. 13 election.
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Special Election Tightens in NY’s 26th

The Republicans have had a poor run in upstate New York special elections during the past election cycle, and the new one being held later this month (May 24th) has just returned closer-than-expected results in the first public poll. Siena College (April 26-27; 484 likely NY-26 special election voters), located north of Albany, NY, and which conducts political polling on a regular basis, shows Republican Assemblywoman Jane Corwin with only a 5-point lead over Democratic nominee Kathy Hochul (36-31% percent. But, the bigger story is the performance of Independent Jack Davis who captures 23 percent. Davis is running under the misleading party label that he simply lists as “Tea.”

Jack Davis is a wealthy businessman who has run for Congress three times as a Democrat. He started campaigning in 2004 when he held incumbent Rep. Tom Reynolds (R-NY-26) to a 49-39 percent win. He tried again in 2006 and scored his best performance, coming within four points of Reynolds, 48-52 percent, and hastening the congressman’s decision not to seek re-election in 2008. With a contested Democratic Party fight for the open seat primary, Davis lost badly in a multi-candidate race to attorney Alice Kryzan, who subsequently failed in the general election as businessman Christopher Lee won the seat.

It may be Davis’ victory in the courtroom that best defines his political career, however. The frequent candidate challenged the so-called “millionaires’ amendment” in the 2002 McCain-Feingold law, and was victorious in removing the provision from the federal statute. The millionaires’ amendment allowed a candidate to raise contributions in amounts triple the federal individual limits if a congressional race opponent spent $350,000 of his or her own money. Davis, a multi-millionaire who has spent a total of $7.43 million in personal funds over his three campaigns, argued that such an amendment is unconstitutional. The courts agreed.

Now in a special election after Rep. Lee resigned to avoid making public a personal scandal and knowing that he would never be chosen by Democratic Party leaders as their nominee, Davis entered the race via petition signature as an Independent. In New York, an Independent can describe themselves with a label on the ballot, and Davis chose the word “Tea.” Obviously, this was done to make him an attractive option to Tea Party voters, a group that could make a difference in a special election for this district. His move is disingenuous, however, since Davis has run from the left in his previous campaigns.

Vowing to avoid the divisiveness that cost the party dearly in the previous special elections, the Republicans and Conservatives both endorsed Assemblywoman Corwin even before Gov. Andrew Cuomo (D) officially scheduled the special election. But now Davis is apparently causing another dicey three-way race.

Can Jack Davis confuse enough voters with his “Tea” label to bring Jane Corwin down? While his better-than-expected showing in the first poll is certainly a nuisance to, and will undoubtedly cause a strategy shift for Corwin, enough time remains to dispel his candidacy and unite the right-of-center base. Assemblywoman Corwin is still in the driver’s seat for the May 24th special election and she remains the favorite to hold this seat in the Republican column.
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House Financials – Analyzing the Numbers

The first quarter in the never-ending political fundraising cycle is in the books, and it appears that 37 incumbent Representatives raised more than $300,000 in the first three months of 2011. Six non-incumbents also posted numbers north of $300K, but in two of those cases the number was achieved with a large personal contribution.

Of the three dozen in the aforementioned group, 10, all Republicans, are freshmen. They are: Reps. Cory Gardner (CO-4), Allen West (FL-22), Joe Walsh (IL-8), Bob Dold (IL-10), Steve Stivers (OH-15), Pat Meehan (PA-7), Tim Scott (SC-1), Diane Black (TN-6), and David McKinley (WV-1).

Forty-seven members, 27 Republicans and 20 Democrats, have more than $1 million cash-on-hand. Ten (six Democrats and four Republicans) have more than $2 million. They are: Reps. Brad Sherman (CA-27), Ed Royce (CA-40), Cliff Stearns (FL-6), Jerry Costello (IL-12), Richard Neal (MA-2), Ed Markey (MA-7), Michele Bachmann (MN-6), Frank Pallone (NJ-6), Lloyd Doggett (TX-25), and Paul Ryan (WI-1). Sherman, Markey, Pallone, and Ryan actually have more than $3 million in the bank. Ryan, with $3,156,814 in his campaign account, has the most of any incumbent congressman.

The most prolific fundraising district is FL-22, as three potential candidates, including freshman Rep. Allen West, all broke the $250,000 mark in money raised. West attracted $452,843. Businessman Patrick Murphy (D) registered $352,449, and former West Palm Beach Mayor Lois Frankel (D) obtained $254,664. The early start here is a bit of a paradox. The 22nd district was represented by both a Republican, E. Clay Shaw, and Democrat, Ron Klein, during the past decade prior to West winning in 2010. With the state gaining two new seats, it is a cinch that this marginal district, currently stretching north to south from West Palm Beach and deep into Broward County as it weaves its way along the coast, will be radically redrawn. Therefore, it is unclear if either of these potential West challengers will even have a base within the new district.

The fundraising numbers can tell individual stories, too. Nevada Rep. Shelley Berkley (D-NV-1) just announced her decision to run for the Senate, but her campaign account suggests she made up her mind weeks ago. The congresswoman raised $694,750 for the first quarter. Though Rep. Todd Akin (R-MO-2) says he has not ruled out a Senate bid in the Show Me State, his early campaign activity suggests that he will get into the race. His first quarter income figure was $458,552, a big number for a member who has traditionally been less than prolific on the fundraising circuit. The same is true for Rep. Vern Buchanan (R-FL-13), who banked $524,757. He has also not yet ruled out a Senate bid. Rep. Tom Latham (R-IA-4), who just announced he will challenge fellow-Rep. Leonard Boswell (D-IA-3) because Iowa loses a seat raised $414,257. Rep. Michele Bachmann (R-MN-6) is gearing up for a potential presidential run, thus explaining her huge $1.75 million quarter. Another potential national candidate, Rep. Ron Paul (R-TX-14) raised almost nothing for his congressional account ($4,430), but has over $1.63 million on hand.

The California delegation is a story, too, as the 53 congressmen await the actions of a new redistricting commission, the members of which will draw the Golden State congressional lines for the first time. This explains a great deal of financial activity here, even though virtually all of the members have safe districts. California does not gain any representation from reapportionment for the first time in history, meaning that a further unknown creeps into the California redistricting mix. Rep. Brad Sherman’s CA-27 could be radically redrawn as Los Angeles County will likely have fewer seats than it does today, losing them to places such as the Inland Empire and desert region. Sherman is one of the members with more than $3 million in the bank, so he is ready for a campaign no matter where his district may land. Seventeen California members have more than $500,000 in their campaign accounts and seven of them are over $1 million.

As so often occurs in modern era politics, the dollars tell much of the story. The first quarter of 2011 appears to be no exception.
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