Category Archives: House

IA-2: Hart Petitions the House

By Jim Ellis

IA-2 Republican congresswoman-elect Mariannette Miller-Meeks – or is she?

Dec. 4, 2020 — As things officially stand, Rita Hart, the Democratic nominee in the open IA-2 congressional district that occupies the southeastern part of the state, has lost to state Sen. Mariannette Miller-Meeks (R-Ottumwa) by a grand total of six votes from more than 393,000 ballots cast, but the challenge process from the Democrat is apparently not over.

Though the state has certified the race, Hart is reportedly preparing to take the results directly to the US House of Representatives, asking the House Administration Committee to investigate the counting process. Ultimately, the House itself has the power to seat all of its members.

Normally, any individual possessing a duly authorized certificate of election from the state’s official election administrator, usually the Secretary of State, is seated. There is precedence, however, for denying duly elected candidates their seats.

Under Iowa election law and procedure, Hart had another way to challenge the results. Her campaign staff claims that certain ballots were not counted in the original or recount process, and there are enough, they say, to flip the final outcome in Hart’s direction.

In Iowa, such a disputed election goes to a judicial panel over which the state Supreme Court Chief Justice presides. In addition to the Chief Justice, the high court then chooses four other judges from around the state to comprise the special panel. In this case, the judges would have had to declare an official winner by Dec. 8 in order to comply with Iowa law. The Hart campaign contended that was not adequate time to consider the ballot challenges, so they opted to petition the House itself.

Rep. Zoe Lofrgen (D-CA) chairs the House Administration Committee, which includes five additional Democrats, two more from California, and three Republicans. The other members are: Reps. Jamie Raskin (D-MD), Susan Davis (D-CA), G.K. Butterfield (D-NC), Marcia Fudge (D-OH), and Pete Aguilar (D-CA). The Republicans are Ranking Minority Member Rodney Davis (R-IL) and Reps. Mark Walker (R-NC), and Barry Loudermilk (R-GA).

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Final House Tally: 223-212?

By Jim Ellis

Dec. 1, 2020 — The latest outstanding congressional race numbers suggest that the House may break 223 Democrats to 212 Republicans when some very close elections are finally decided. If this is indeed the final party division among the 435 seats, the GOP will only be six congressional districts away from re-claiming the House majority in the 2022 elections.

Currently, we see Real Clear Politics projecting California Rep. Mike Garcia (R-Santa Clarita) as the winner over state Assemblywoman Christy Smith (D-Newhall) in the state’s 25th CD, which lies in parts of both Los Angeles and Ventura Counties.

With still a small undetermined number of votes to be verified and counted, Garcia’s tight 405-vote margin appears to be holding. Our own rudimentary projections suggest that the freshman Republican congressman will hold by just under 400 votes. It is probable we will see a recount and potential ballot challenges, so the result may be challenged before and after certification. Under California election law, certification for all races must occur by Dec. 11.

We have seen several projections made suggesting former California Rep. David Valadao (R-Hanford) has defeated freshman Rep. T.J. Cox (D-Fresno) in the state’s Central Valley 21st CD. Valadao has a 1,820-vote lead according to the California Target Book organization’s in-depth analysis.

Our more rudimentary estimates suggest that Valadao will win the final count by approximately 1,400 votes based upon the potential number of outstanding ballots in the three counties, Kern, Kings, and Tulare, that are still verifying and counting mail votes. Fresno County has completed its count.

Later today, we expect to see the second certification of Iowa candidate Mariannette Miller-Meeks (R) in the state’s 2nd Congressional District. Under Iowa law, a certification had to be issued one week after the election, in this case Nov. 10, and Miller-Meeks, a state senator from Ottumwa who is in her fourth run for the US House, was originally certified as the winner with a 47-vote margin. The full recount finds former state senator and 2018 lieutenant governor nominee Rita Hart (D) gaining votes but still losing by a total of just six votes districtwide from more than 394,400 ballots cast, a Miller-Meeks winning percentage of 50.0008 percent.

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It’s Now Down to Three

By Jim Ellis

David Valadao (R)

Nov. 24, 2020 — Unofficial victory projections are being made for California’s 21st Congressional District in favor of Republican former Rep. David Valadao (R-Hanford). It is becoming clearer as more mail votes are being counted and the pool of remaining ballots diminishes to under 10,000, that Valadao has defeated freshman Rep. T.J. Cox (D-Fresno) in one of the few remaining undetermined congressional campaigns.

Real Clear Politics, the Cook Political Report, and the local Fresno Bee newspaper are all reporting that Valadao has won the race, though the former Congressman himself has yet to declare victory and Cox has not conceded defeat.

Valadao, who previously served three terms in the House after his original election in 2012 before losing to Rep. Cox in a tight 862-vote margin two years ago, currently leads the 2020 outcome by 1,618 tabulations.

Cox has attracted 58.5 percent of the vote in Kern County, the district’s largest population entity, but with approximately 9,000-11,000 votes remaining at most even such a large percentage will likely leave him over 1,000 tallies short of Valadao’s total. Over 1,500 votes remain in Kings County, in which the Republican recorded 62.1 percent support. Tulare County, which finds only eight percent of the voting population contained within the congressional district, split almost evenly between the two men as Cox leads there by just 21 votes. Fresno County has fully reported.

The Valadao victory means the Republicans have now gained a net 10 seats with three races remaining outstanding. A fourth undetermined race, that in Louisiana’s 5th CD, is going to a post-election runoff on Dec. 5. While the winning candidate is yet unidentified, the secondary election is between two Republican candidates, former congressional aide Luke Letlow and state Rep. Lance Harris (R-Alexandria), so the GOP is assured of holding the seat.

Also, in California, freshman Rep. Mike Garcia (R-Santa Clarita) is claiming to have won the north Los Angeles/Ventura County 25th District. Though only leading by exactly 400 votes with what looks to be in the neighborhood of 4,500 ballots waiting for verification and counting, this razor-thin race looks to be coming down to the final few ballots.

Democratic opponent Christy Smith, a first-term state assemblywoman, accused Rep. Garcia’s victory declaration as being “dangerous to our democratic process.” She then immediately filed a 2022 congressional committee with the Federal Elections Commission. Therefore, if Garcia does in fact win the contest, it appears we will see the third edition of a Garcia-Smith campaign two years from now.

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Outstanding Races Near Conclusions

By Jim Ellis

Nov. 23, 2020 — We are now down to four undetermined US House campaigns and one that will go to a double Republican runoff on Dec. 5.

Last week, the NJ-7 race that was called for Rep. Tom Malinowski (D-Rocky Hill) on election night but rescinded when the post-election votes were drawing state Senate Minority Leader Tom Kean, Jr. (R-Westfield) close to dead heat range, has now culminated. Again, Rep. Malinowski was determined to be the winner when the number of uncounted votes became less than the margin between the two candidates.

The open 5th District in Louisiana is headed to a Dec. 5 runoff election. Here, Republicans Luke Letlow and state Rep. Lance Harris (R-Alexandria) will battle to replace retiring Rep. Ralph Abraham (R-Alto). Since both finalists are Republicans, the GOP keeping this seat is not in doubt.

The Iowa 2nd District race between state Sen. Mariannette Miller-Meeks (R-Ottumwa) and former state senator and 2018 lieutenant governor nominee Rita Hart (D) continues in full recount. Miller-Meeks had a 47-vote lead as the recount began. Under Iowa law, the leader has been certified as the winner, but that would change should the recount produce a different result.

Hart filed recount petitions in all of the district’s 24 counties. The various election officials have 18 days to complete their additional canvass, which means we should see a conclusion here sometime near Dec. 1.

In New York, counting continues in the 22nd District where former US Rep. Claudia Tenney (R) continues to lead freshman Rep. Anthony Brindisi (D-Utica) by a relatively substantial margin as the number of uncounted ballots slowly dwindles. The latest count finds the former congresswoman and ex-state Assembly member leading Rep. Brindisi by 10,967 votes according to the CNN count, which appears to have the most updated data.

Almost 292,000 ballots have been counted with an estimated 26,000-plus votes remaining. To overcome the difference, Rep. Brindisi would have to attract approximately 71 percent of the outstanding ballots. In the 2016 election, 296,086 individuals voted in the congressional race. Therefore, if the estimated outstanding total of 26,000-plus is near correct, then turnout would have increased approximately nine percent from the last presidential election turnout model when compared to the current vote.

In the last group of approximately 25,000 votes, Congressman Brindisi garnered closer to 68 percent in reducing Tenney’s lead from 21,812 votes to the current number. Unless the remaining ballots are even more Democratic than the latest batch, Tenney will likely remain in the lead and soon claim victory.

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The Redistricting Prelude

By Jim Ellis

Nov. 18, 2020 — The Census Bureau continues to make progress in completing the decennial population count and it appears the national apportionment report, which details how many congressional seats each state’s population earns, will be delivered to Congress in early January. Because of COVID, the apportionment process has been slightly delayed since the report typically has a year-end deadline.

Once apportionment is known, states then begin receiving their updated data necessary for drawing new congressional and state legislative districts. The states with the earliest primaries are the first to receive their data so they have adequate time to prepare their new congressional and state legislative boundaries.

In terms of apportionment, it is expected that Texas may gain approximately three seats and Florida two. The other gaining states are likely to be Arizona, Colorado, Montana, North Carolina, and Oregon. Those losing seats appear to be Alabama, California (for the first time in history), Illinois, Michigan, Minnesota, New York, Ohio, Pennsylvania, Rhode Island, and West Virginia. These estimates are not always completely correct, so this list could change when the actual apportionment is applied and publicly released.

A total of 34 states will draw their new districts solely through the legislative process. The remaining multi-member states operate through a type of commission, either an independent body or one under political control. Seven states are at-large meaning their congressional race is statewide. Rhode Island joins this group in 2021 as it will lose its second seat, while Montana will likely regain the district that was lost in the 1991 reapportionment.

In the Nov. 3 election, Republicans saw a net gain in state legislative seats around the country. Only one state saw its legislative chambers flip, however, the New Hampshire House and Senate moving from Democrat to Republican. This means Republicans will control 61 legislative chambers as compared to the Democrats’ 37. The Nebraska unicameral legislature is elected on a non-partisan basis, but Republicans control that chamber as well.

Republicans will again have the advantage in the states where the legislatures and governors determine the new map boundaries. Democrats, largely under the National Democratic Redistricting Committee that former Attorney General Eric Holder leads, targeted 13 states to protect or gain legislative chambers. They failed in all, as Republicans kept their majorities in each state they previously controlled and flipped New Hampshire to their column.

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Updating the Electoral Scoreboard

By Jim Ellis

Nov. 16, 2020 — With the presidential race still in the courts, the Nov.3 unofficial results yield the mirror image of the 2016 contest. In the previous election, Donald Trump defeated Hillary Clinton with a 306-232 electoral vote margin. In the current election, the margin between President Trump and former vice president Joe Biden is exactly the same, but this time it looks like the result is yielding a Democratic victory.

Four years ago, President Trump carried his final three states by a cumulative 77,000 votes. In this election, approximately 44,000-plus votes switching in Arizona, Georgia, and Wisconsin would have re-elected the incumbent president.

The Senate contests are complete — until the Georgia runoffs occur on Jan. 5 and the outcomes of the Sen. David Perdue v. Jon Ossoff and Sen. Kelly Loeffler v. Raphael Warnock campaigns will determine the Senate majority.

A Democratic sweep would catapult them into a 50-50 tie and allow the incoming vice president, Kamala Harris, to send the Democrats into the majority. This assumes she resigns her California Senate seat in a timely fashion thus allowing Gov. Gavin Newsom (D) to name a replacement and see the individual sworn into the office. Republicans would retain the Senate majority with a victory in just one of the two Georgia runoff campaigns.

Several House seats were called or conceded over the weekend. California challenger Young Kim (R) who lost by just under 8,000 votes two years ago, rebounded to unseat freshman incumbent Gil Cisneros (D-Yorba Linda). Former NFL Super Bowl champion defensive back Burgess Owens (R) looks to have defeated Utah freshman Rep. Ben McAdams (D-Salt Lake City) by 2,095 votes in a race that has unofficially drawn 372,369 voters, a turnout increase of 26.3 percent from the previous presidential election. This race is scheduled to be certified tomorrow.

Additional calls were made in New York where Reps. Lee Zeldin (R-Shirley), Tom Suozzi (D-Glen Cove), Sean Patrick Maloney (D-Cold Spring), Antonio Delgado (D-Rhinebeck), and John Katko (R-Syracuse) have all been projected as re-election winners though votes remain to be counted. The same for Republican Andrew Garbarino who holds retiring GOP Rep. Peter King’s seat on Long Island.

In Louisiana, state Rep. Lance Harris (R-Alexandria) has qualified for the Dec. 5 runoff election in the state’s open northeast 5th Congressional District, holding off Democrat Candy Christophe by just 428 votes. Harris will oppose former congressional aide Luke Letlow in a double Republican contest.

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Calls, Uncalled, and a Recount

By Jim Ellis

New York state Assemblywoman Nicole Malliotakis (R) wins the US House Staten Island District.

Nov. 13, 2020 — With the presidential race heading to the courts in order to resolve challenges and outstanding legal issues, and the final two Senate races advancing to Jan. 5 runoff elections in Georgia, we find the most recent relevant political action occurring in the outstanding US House races.

Two more congressional race winners have been officially called. In New York, Staten Island freshman Rep. Max Rose (D) yesterday publicly conceded defeat to state Assemblywoman Nicole Malliotakis (R). While the counting substantial numbers of mail ballots continues, Malliotakis’ large 37,000-plus vote lead appears strong enough to defend against any last minute Rose charge.

The congressman indicated that he is conceding even though the vote gap is closing between he and Assemblywoman Malliotakis, a former New York City mayoral candidate. Rose stated his late-breaking progress would not be enough to overcome Malliotakis’ overall lead, thus he ends the race before the counting process concludes.

The Republican win boosts the party’s national gain total to a net seven official seats, but that number is likely to expand to at least nine and could go as high as a dozen once all of the races are completed and officially certified.

For the Democrats, Illinois freshman Rep. Lauren Underwood (D-Naperville) also capped her come-from-behind victory with an official call yesterday. After trailing for most of the counting period, Underwood surpassed state senator and frequent candidate Jim Oberweis (R) to secure a second term. Her unofficial margin is 4,604 votes from a turnout of just over 396,000 individuals, a record participation factor for this Chicago suburban district.

While other races are being called, one contest that had been declared on election night is now coming back into the undetermined realm. Originally, New Jersey freshman Rep. Tom Malinowski (D-Rocky Hill) had been projected the winner over state Senate Minority Leader Tom Kean, Jr. (R), but now the Associated Press and New York Times have rescinded their victory calls. The reason is the post-election vote totals continue to favor Kean to a large degree, cutting the congressman’s lead to only 6,275 ballots with potentially as many as 60,000 votes remaining to be counted.

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