Category Archives: WISCONSIN

Sen. Cruz in Potentially Competitive Re-Election Bid; Senate Challenge in New Mexico; Rep. Susie Lee Draws Opponent in Nevada; Redistricting Developments in Wisconsin

By Jim Ellis — Monday, Jan. 29, 2024

Senate

Texas Sen. Ted Cruz (R) / Photo by Gage Skidmore

Texas: Tight New Poll — Emerson College just released the results of their latest Texas statewide survey (Jan. 13-15; 1,315 registered Texas voters; interactive voice response system & online) that finds Sen. Ted Cruz (R) heading into a potentially competitive general election. The ballot test found the senator leading US Rep. Colin Allred (D-Dallas) by a slight 42-40 percent margin, and holding only a one-point, 41-40 percent split over state Sen. Roland Gutierrez (D-San Antonio). Simultaneously, former President Donald Trump leads President Joe Biden 49-41 percent.

The poll is not particularly surprising in that Sen. Cruz’s personal favorability numbers have never been particularly good. However, there are a number of things that favor Sen. Cruz: the presidential election turnout model, Trump beating Biden in the state, the Biden energy policies being detrimental to Texas, and the southern border controversy — all play politically to Sen. Cruz’s favor. Therefore, despite the likelihood that we will see many close Texas Senate polls between now and the November election, the actual votes will favor Sen. Cruz winning re-election by a relatively comfortable margin.

New Mexico: Republicans Making Move to Challenge Sen. Heinrich — In order to expand what is a favorable Republican US Senate map, a prominent member of the GOP announced her candidacy. Nella Domenici, a former hedge fund CEO and daughter of the late six-term Sen. Pete Domenici (R), is the latest Republican to declare for the seat. Last week, former Bernalillo County Sheriff Manny Gonzales switched parties to enter the GOP Senate primary. The eventual winner of the June 4 Republican primary will challenge two-term incumbent Sen. Martin Heinrich (D).

The senator is favored for re-election, but Republicans improving among Hispanics could make this a competitive contest. New Mexico’s Hispanics register 50.2 percent of the state population universe according to the latest US Census report. The last time Republicans won a New Mexico statewide race was in 2014 when then-Gov. Susanna Martinez was re-elected. An August Public Policy Polling survey showed President Biden topping former President Trump 49-41 percent, suggesting the state could become competitive in the national election.

House

NV-3: GOP Ex-State Treasurer Announces for House — Earlier this month, Republicans lost their top congressional recruit in state Assemblywoman Heidi Kasama (R-Las Vegas), who instead of running for the House will seek re-election to what could become a tight Nevada Assembly. Kasama was clearly the top contender for the GOP nomination in a seat that is the most winnable for a Republican (FiveThirtyEight data organization rating: D+2) of the three Las Vegas competitive districts.

Now, former State Treasurer Dan Schwartz (R) is coming to the forefront to announce his congressional candidacy. While winning a statewide position in 2014, Schwartz has not fared well since, losing landslide races in his attempts to be elected governor, lieutenant governor, and a previous run for the 3rd Congressional District. It is likely the Republicans will have to recruit a stronger candidate against Rep. Susie Lee (D-Las Vegas) if they are to move this race into the top tier.

Wisconsin: Congressional District Lines Challenged — A citizens group that famed Democratic election lawyer Marc Elias represents filed suit before the Wisconsin state Supreme Court arguing that the panel’s rejection of the state Senate and Assembly maps compels them to reconsider striking down the state’s congressional map.

According to the Daily Kos Elections site’s legal analysts, the legislature’s maps were returned for a re-draw because the court rejected the “least change” (from the previous map) practice that the legislature relied upon to draw the 2021 maps. The Elias group’s lawsuit maintains that the congressional map was also drawn under the “least change” practice, and therefore should be redrawn.

So far, however, the court has not taken action against the congressional map and time is running out. The secretary of state has informed the court that unless new maps are enacted into law by March 15, they will not be able to convert the electoral system in time for the 2024 election.

Redistricting Roundup

By Jim Ellis — Monday, Jan. 8, 2024

Putting together the redistricting puzzle

Several states have been conducting a second round of redistricting, and four have completed the process. Therefore, the group has new maps in place for the 2024 election cycle. Below is a redistricting recap:

Completed States

Alabama: The US Supreme Court rather surprisingly sided with the Democratic plaintiffs to force a redraw of the Alabama congressional map under the reasoning that a second majority minority seat could be drawn. The new map results in a pairing of Republican Congressmen Jerry Carl (R-Mobile) and Barry Moore (R-Enterprise) in a southern Alabama district that stretches from Mississippi to Georgia along the Gulf Coast and Florida border.

The Republican primary election, scheduled for March 5, will decide who represents this district likely for the remainder of the decade. Rep. Carl represents 59 percent of the new district while Rep. Moore overlaps with 41 percent of the new AL-1 territory. Since Carl and Moore are the only Republican candidates, no runoff election will be necessary.

As a result of the reconfiguration, a new Montgomery/Mobile-anchored 2nd District was designed to elect an African American. A total of 13 Democrats and eight Republicans are running for the new seat. Expect runoff elections to occur for both parties. The runoff election date is April 2. Democrats are expected to gain a net of one seat under the new court ordered map.

Georgia: The new Georgia congressional plan was completed and received court approval during the Christmas break. The court previously ruled that the plan should be drawn to create another majority minority district. The legislature and governor complied with the ruling in that they converted a racial coalition district into a majority minority seat. Rep. Lucy McBath (D-Marietta) is moving from her current 7th District that lies east of Atlanta back to a more western suburban seat that is closer to the district from which she was originally elected. She should have little trouble winning the new 6th District.

Conversely, current 6th District Congressman Rich McCormick (R-Suwanee) will run in the new 7th CD that is Republican favorable. Therefore, expect no change in the 9R-5D Georgia delegation party division.

New Mexico: Republicans challenged the 3D-0R congressional map as an “excessive gerrymander,” but lost at the district court level. The New Mexico state Supreme Court then rejected the Republican appeal. Therefore, the current map will stand for the 2024 election, and likely throughout the decade.

The state’s 2nd District, while designed to elect a Democrat, is competitive and we can expect to see another tight election contest between freshman Rep. Gabe Vasquez (D-Las Cruces) and former US Rep. Yvette Herrell (R). The 2022 race between the two ended with Vasquez unseating then-Rep. Herrell by less than one percentage point.

North Carolina: Republicans scored a big victory here, as the new map will yield the GOP a net three-seat gain. With Rep. Kathy Manning (D-Greensboro) not seeking re-election, the Democrats are conceding the new 6th District without even fielding a candidate. Six Republicans are vying for the party nomination including former US Rep. Mark Walker and High Point Mayor Jay Wagner.

Rep. Wiley Nickel (D-Cary) foregoing re-election in the new 13th District to run for the Senate in 2026 means the Republicans are a sure bet to convert this seat, too. A total of 14 Republicans have qualified for the ballot in this district.

The new 14th CD is another seat primed to go Republican. Democratic incumbent Jeff Jackson (D-Charlotte) is running for Attorney General, meaning state House Speaker Tim Moore (R-Cleveland County) is becoming the prohibitive favorite to win this district.

The most competitive general election appears to be forming in the state’s 1st District where Democratic freshman Don Davis (D-Snow Hill/Rocky Mount) faces more Republican terrain in his new district. Former congressional nominee Sandy Smith and retired Army Col. Laurie Buckhout are vying for the party nomination. The Dave’s Redistricting App statisticians calculate a new 50.9D – 47.7R partisan lean, meaning the seat now only leans Democratic. Under the previous map, the 1st District partisan lean was factored as 54.1D – 44.4R.

States in Progress

Florida: The Florida congressional map was declared illegal at the district level, but the state Appellate Court overturned the ruling. Therefore, it is likely the current map will stand at least for the 2024 election cycle.

Louisiana: Like Alabama, Louisiana was under court order to redraw their map for purposes of creating another majority minority congressional seat. The court has given the legislature and its new governor, Republican Jeff Landry, until the end of this month to submit a new plan. It is likely that the two most affected Republicans will be Reps. Garret Graves (R-Baton Rouge) and Julia Letlow (R-Start). It is probable that Democrats will gain one seat in the Baton Rouge area once the final plan is completed and adopted.

New York: The New York congressional map has been returned to the New York State Independent Redistricting Commission for a redraw. The new map will require approval from the state legislature. This is the “wild card” plan for the 2024 election cycle. Most believe Democrats will make big gains, and the current map favors the party, yet their candidates could not deliver what was expected in 2022. Should some of the districts be made more Democratic, other marginal seats in the adjacent areas could become more Republican.

The areas most likely to be affected are Long Island, Brooklyn/Manhattan, the Hudson Valley, and the upstate area in and around Syracuse. Expect Democratic gains once the process is complete, but it is difficult to project just how many.

South Carolina: The US Supreme Court has heard oral arguments on a lawsuit challenging the 1st District (Rep. Nancy Mace-R) as a racial gerrymander. The high court ruling is pending. A decision for the plaintiffs could mean the loss of one Republican seat. Rejecting their claim would mean the current 6R-1D delegation map will likely stand throughout the remainder of the decade.

Wisconsin: During the Christmas break, the state Supreme Court ordered a redraw of the state Senate and Assembly boundaries but did not rule on the congressional map. Most expect the court to order a federal reconfiguration as well, but time is growing short. The Secretary of State has informed the court that new maps will have to be in place before March 15 in order to conduct 2024 elections. A new congressional map would likely mean a net gain of at least one seat for the Democrats.

Redistricting Update – Part II

By Jim Ellis — Wednesday, Oct. 4, 2023

House

A look at how things might play out in key states in the redistricting tug of wars

Five States Affected: Democrats Have Upper Hand — Today we conclude our two-part series on the current status of Round II redistricting. We now examine the affected states from North Carolina through Wisconsin.

• North Carolina: In what looks to be a strong new redistricting run for the Democrats in most of the other states, the North Carolina situation will mitigate some of the national Republican losses. North Carolina redistricting had been a virtual omnipresent issue throughout the previous decade, since we saw a new congressional map created in almost every election cycle.

The problem was largely politics. The state legislature alone controls redistricting (the North Carolina governor has no veto power over redistricting legislation), and the majority consistently held a different view of how districts should be drawn than did the Democratic state Supreme Court.

In the 2022 election, Republicans gained two seats on the seven-member judicial panel, thus turning a 4-3 deficit into a 5-2 majority. Now, seeing the legislature and judiciary largely on the same page as it relates to redistricting, it is very likely that the map legislators will draw in the next week or so will obtain the needed judicial approval. If so, such will be the final congressional redistricting map until the 2030 census.

It also appears that the legislature will return to the basic model that the Democratic Supreme Court failed to approve. Therefore, we can expect the current 7R-7D delegation map to probably end with 10 districts favoring Republicans and four trending Democratic.

Thus, Reps. Kathy Manning (D-Greensboro), Wiley Nickel (D-Cary), and Jeff Jackson (D-Charlotte) each could find themselves without a winnable district. Gaining three Republican seats in North Carolina would go a long way toward keeping the GOP in position to hold their slim US House majority.

• South Carolina: Soon after the first of this year, a federal three-judge panel declared the state’s Charleston anchored 1st Congressional District (Rep. Nancy Mace-R) to be an illegal racial gerrymander. This means the map drawers will likely add to the 1st African Americans from Rep. Jim Clyburn’s (D-Columbia) adjacent 6th District. This would make Rep. Mace more vulnerable to a Democratic candidate.

Nothing, however, has happened since the ruling, and it is unclear when the legislature will address the issue. Some movement is expected before the next election, but chances are strong that the legal challenges are not over.

Therefore, the Republicans may be able to delay long enough to push the final judicial decision, after the inevitable appeals are filed against whatever new map version is developed, until after the 2024 general election.

• Tennessee: A lawsuit claiming the new central Tennessee 5th Congressional District (Rep. Andy Ogles-R) is a partisan gerrymander is filed, but no judicial action has yet occurred. Even if the lower court rules in the plaintiffs’ favor, an appeal to the state Supreme Court will likely require more time than remains in the 2024 election cycle. Therefore, any change in the Tennessee map most likely will not happen until the 2026 election cycle.

• Texas: As in Tennessee, a lawsuit challenging the Texas map as a partisan gerrymander has been filed without seeing any judicial action. In this situation, regardless of how a lower court may rule, the Texas state Supreme Court would almost assuredly become involved. Therefore, it is probable that we will not see any substantive action changing the Texas congressional map in the 2024 election cycle.

• Wisconsin: The 6R-2D congressional map became a key point in the campaign to elect a new state Supreme Court Justice. Democrat Janet Protasiewicz won a seat on the high court, and her presence now gives her party a majority. She campaigned on what she sees as a Republican gerrymandered congressional map. The GOP filed a motion saying that she should be recused from hearing the 2023 redistricting because her stated campaign positions against the map demonstrates a preconceived bias. Predictably, the Supreme Court rejected the motion.

If the Democrats can get a map to the state Supreme Court, the result will almost assuredly be adverse for Republicans. The two most affected members will be those representing districts in the southern part of the state, Reps. Bryan Steil (R-Janesville) and Derrick Van Orden (R-Prairie du Chien/La Crosse).

One Democrat who may not be in favor of drawing a new map, however, is Sen. Tammy Baldwin. Currently, she is not being seriously challenged for re-election, but if a new map forces either Steil or Van Orden out of their districts, at least one would likely jump into the Senate race.

Chances are fair to good that the Democrats can force a new map to be drawn. The state has a late primary – August 13, 2024 – so time remains for a new redistricting plan to be enacted. If so, then count on seeing either Rep. Steil or Van Orden, or both, being displaced. This will likely mean one of the two enters the Senate race to challenge Baldwin. Though the GOP would sustain a US House loss, redistricting could ironically put the Wisconsin US Senate seat into play.

GOP Changes Delegate Allocation Rules; Former Rep. Cisneros May Return; Re-Match Possible in New Hampshire, Other House News; Wisconsin Redistricting Lawsuit

By Jim Ellis — Friday, Aug. 4, 2023

President

California: GOP Changes Delegate Allocation Rules — The California Republican Party’s executive committee, a total of 100 members, voted to change the way the state allocates its Republican delegates. Despite California being a poor performer for Republicans, the presidential delegation to the GOP national convention is still the largest in the country. In 2024, the state will feature 169 voting delegates.

Instead of allocating the delegates through the state’s 52 congressional districts – three delegates per district plus at-large votes – the California GOP will now authorize a system that awards a winning candidate who obtains majority support in the March 5, 2024 primary all of the state’s delegate votes. Many states use this system, but California doing so will provide an extra vote boost to the Golden State primary winner.

At this point, several polls show former President Donald Trump at or exceeding the 50 percent threshold. The change makes it all the more likely that the nomination will be clinched as voting ends on Super Tuesday.

House

One-term ex-Congressman Gil Cisneros (D)

CA-31: Former Rep. Cisneros May Return — One-term ex-Congressman Gil Cisneros (D), a former US Navy officer who struck it rich in winning over $200 million from a major lottery, has resigned his position as Under Secretary of Defense. Speculation suggests this is his first definitive move to declare for retiring Rep. Grace Napolitano’s (D-Norwalk) Los Angeles County congressional seat.

Cisneros defeated now-Congresswoman Young Kim (R-La Habra) in 2018 from a 39th District that covered parts of Los Angeles and Orange counties. In 2020, Kim returned for a re-match and reversed the outcome. She now represents the post-redistricting 40th CD that covers parts of Orange, Riverside, and San Bernardino counties.

Already in the open 31st District race are state senators Bob Archuleta (D-Pico Rivera) and Susan Rubio (D-Baldwin Park) along with Community College Trustee and former Monrovia Mayor Mary Ann Lutz (D). It is likely that two Democrats will advance into the general election from the all-party primary. While Cisneros represented virtually none of the current 31st CD during his previous stint in the House, even Rep. Napolitano fails to reside within the district, so the lack of residency is likely not much of a detriment.

NH-2: Re-Match Possible — Former Hillsborough County Treasurer Robert Burns (R), who lost the 2022 congressional race 56-44 percent to veteran Rep. Annie Kuster (D-Hopkinton/ Concord), confirms that he is considering returning for a re-match. His decision is nowhere close to being made, however. He also says he would like to run for governor and would even consider a bid for Executive Councilor if one of those seats were to open. It is likely the Republican leadership would prefer a more committed candidate.

Since the New Hampshire June candidate filing deadline is later than most state’s primaries, this race will develop over a long period. At this point, Rep. Kuster will be favored to win a seventh term in 2024.

PA-7: New Candidate Announces — The Public Affairs director of the Philadelphia Convention Center, Maria Montero (R), announced her congressional candidacy Wednesday. This will be the second time she has run for the US House. Montero, also former staff member for Republican former Gov. Tom Corbett, entered the special nomination for the 12th District seat, closer to central PA, when then-Rep. Tom Marino (R) resigned. She lost to then-state Rep. Fred Keller who would go onto win the special election.

Already in the race are state Rep. Ryan MacKenzie (R-Macungie) and 2022 candidate Kevin Dellicker who secured 49 percent of the Republican primary vote. The winner will face vulnerable Rep. Susan Wild (D-Allentown) in a politically marginal 7th CD that covers the Allentown-Bethlehem-Easton area. In the past two competitive elections against Republican Lisa Scheller, Rep. Wild has been re-elected with 52 and 51 percent of the vote.

UT-2: Maloy Approved for Ballot — Celeste Maloy, who the Republican 2nd District convention chose as its candidate for the special election to replace resigning Rep. Christopher Stewart (R-Farmington), has faced a serious challenge to her standing as a candidate.

A state judge in ruling Wednesday over a lawsuit filed against Maloy claiming that she did not meet the state’s residency requirement to run for Congress, declared that she will be slated on the Sept. 5 special primary ballot. The judge stated that “the public interest favors respecting the party convention’s choice.” He further said that the election process is well underway, and ballots have been printed. Therefore, altering the candidate configuration would be disruptive.

Earning Republican ballot positions through the signature petition process are former state Rep. Becky Edwards and ex-Republican National Committeeman Bruce Hough. Democrats have united around state Sen. Kathleen Riebe (D-Cottonwood Heights). The special general election is scheduled for Nov. 21. Rep. Stewart will resign on Sept. 15.

States

Wisconsin: Redistricting Lawsuit Filed — A coalition of law firms and progressive left activists filed a challenge to Wisconsin’s state Senate and Assembly redistricting maps, labeling them partisan gerrymanders. Now that the new liberal majority state Supreme Court has taken office, the plaintiffs winning this lawsuit is probably just a matter of time.

The court will likely order a redraw of the two plans, which will almost assuredly be a precursor to the congressional map being re-configured as well. At this time, however, the federal plan is not included in this particular lawsuit.

Alabama Map Ruling Stayed; Redistricting Update

By Jim Ellis

Alabama redistricting map (Click on the map above or go to DavesRedistricting.org to see interactive map)

Feb. 9, 2022 — On a 5-4 vote, the US Supreme Court voted to stay the lower court ruling that invalidated the new Alabama congressional map. A Republican three-judge panel had ruled that a second majority minority district could have been drawn among the state’s seven congressional districts, and thus disqualified the plan on Jan. 23.

Writing a concurring opinion, Justice Brett Kavanaugh stated that the lower court decision was made too close to the 2022 election, meaning that the judicial process would not have proper time to hear the appeal and make an educated ruling prior to the state’s scheduled primary election. The ruling does not mean the appeal was granted, but merely postpones hearing the case to a later date.

Analysts say the stay ensures that the original map will be in place for this year’s election. It does not mean, however, that the map won’t be altered for the 2024 election and beyond.

The new plan is virtually an extension of the current map, which elected six Republicans and one Democrat in the 2020 election. It was a curious original decision, not only because the judges that ruled against the GOP map drawers were appointed by former President Donald Trump (2) and the late President Ronald Reagan (1), but that the same map footprint stood unencumbered for the past 10 years.

The major change made from the current map to the new draw came in the 7th CD, which is the Voting Rights district. The legislature, however, had no choice but to make a substantial change. AL-7 was 53,143 people short of reaching the state’s congressional district population quota of 717,754 individuals.

The previous ruling also postponed the Jan. 28 candidate filing deadline for the Alabama US House candidates. Those running for all other offices have now already filed and been qualified for the respective party primary ballots. The congressional candidates will now file on Feb. 11.

Redistricting Notes

• Summarizing the legal action in other states, the North Carolina map has been disqualified and the legislature will now return to redraw the congressional and state legislative maps. As has been the case throughout the previous decade, the partisan Republican legislature and the partisan Democratic state Supreme Court continue to go back and forth over the issue of partisan gerrymandering.

• The lower court ruling in Michigan rejected the Detroit area Democratic current and former state legislators’ claim that the Michigan Independent Citizens Redistricting Commission members violated the Voting Rights Act in drawing the city of Detroit’s congressional and state legislative maps. Unless an appeal is granted, the new Michigan maps will stand for this year’s elections.

• The Kansas legislature adjourned without voting to override Gov. Laura Kelly’s (D) veto of the state’s congressional map. The hasty adjournment move, however, allows the legislature to reconsider the veto override. Without a successful override vote, the map will go to the courts for a redrawing of the Kansas City metro area.

Continue reading