Tag Archives: Gov. Gavin Newsom

California’s Strange Special Election in District 22 Held Yesterday

By Jim Ellis

Connie Conway (R)

April 6, 2022 — Voters in California’s Central Valley region have had their special congressional election wrap up as of yesterday. Former Rep. Devin Nunes (R-Tulare) resigned at the beginning of this year, and Gov. Gavin Newsom (D) scheduled a special election to fill the balance of the term even though this seat will disappear in the next Congress.

The California Citizens Redistricting Commission members significantly re-drew the Fresno area, and Nunes’ 22nd District largely became the new 5th CD that stretches northerly from the Fresno area’s northeast sector to the outer Sacramento suburbs. The new 5th is strongly Republican, and Rep. Tom McClintock (R-Elk Grove) sought re-election from this district. Had Nunes wanted to remain in Congress, this is the seat where he would have run.

Such being the case, the current 22nd District that former President Trump carried 52-46 percent and where Rep. Nunes averaged 61.7 percent of the vote during the five elections of the past decade, is split into four different seats, meaning last night’s special election winner really has no place to run in the general election. Therefore, the new member will serve just the balance of this year and retire.

Despite the lack of a congressional future, the 22nd District special drew four Republicans and two Democratic contenders. The race leader as of this writing is former state Assembly Minority Leader Connie Conway (R), who had said from the beginning that she would only serve the remainder of this term. She currently leads the race with 34.8 percent. It will take a week before results can be finalized due to mail-in votes that still need to be tabulated.

Another Republican, Elizabeth Heng, who held Rep. Jim Costa (D-Fresno) to a 57-43 percent victory in the current 16th CD (Rep. Costa is seeking re-election this year in the new 21st District), was also in the race. She was originally talking about running for the full term in the neighboring 13th District, a marginally competitive open seat, but did not file for the regular election.

The other Republican candidates were former FBI agent Michael Maher and retired Navy officer Matt Stoll. The Democrats were Lourin Hubbard, an operations manager at the California Department of Water Resources, and graduate student Eric Garcia.

In this special election, all of the candidates were placed on one ballot. If a contender received a majority of 50 percent plus one vote, said individual is elected outright and would be sworn into the House upon the California Secretary of State officially certifying the election. If no one received a majority, the top two finishers, regardless of party preference, would advance to a special general election run concurrently with the regular California primary election on June 7; with Conway’s tally currently standing at just 34.8 percent of the vote, it looks like things are headed that way.

Though the seat will be occupied for only a short time, this is an important election. Five seats are currently vacant, the number increasing with the resignations of Reps. Jeff Fortenberry (R-NE) and Filemon Vela (D-TX) last week on March 31, and four are from the Republican side. This reduces the Republican conference temporarily to 209.

If the Republican party holds the 22nd CD in this special election cycle, and a Republican candidate ulitimately will likely win, the conference would grow to 210, with the majority Democrats at 221. If the Republicans hold the AK-at large, MN-1, and NE-1 seats in their own scheduled special elections later in the year, the party will again hold 213 seats. Democrats, on the other hand, look to drop to 220 when Rep. Ted Deutch (D-FL) resigns.

It is possible we will not see special elections in the Texas and Florida Democratic vacancies until the regular general election date. It appears that both Govs. Greg Abbott (R-TX) and Ron DeSantis (R-FL) have the legal leeway to schedule concurrently with the regular general election to fill the Vela and Deutch vacancies.

California’s current 22nd District is comprised of parts of Fresno and Tulare Counties and includes the northeastern portion of Fresno city and the communities of Clovis, Dinuba, Visalia, and Tulare.

Notable Candidate Filings

By Jim Ellis

California Gov. Gavin Newsom (D) faces little in the way of strong competition in 2022.

March 15, 2022 — Candidate filing closed in three states on Friday — California, Georgia, and Idaho — and we see some highly competitive primary and general election campaigns occurring in each.

Despite 26 candidates filing against him, appointed California Sen. Alex Padilla (D) has done a good job of securing his Democratic base. As a result, he faces no serious opponent. The only way Sen. Padilla would lose in the state’s jungle primary system is if another strong Democrat surfaced and forced him into a double-Democratic general election. No such individual filed. California Gov. Gavin Newsom (D) also faces little in the way of strong competition even though he has 25 opponents.

The Georgia governor’s race features the most important May 24 primary campaign, a Republican battle between Gov. Brian Kemp and former US Sen. David Perdue. Three minor candidates are also on the ballot, and they could be a factor to force a runoff if the Kemp-Perdue race evolves into an even contest. In that scenario, a secondary election on July 26 would occur should both Kemp and Perdue be stopped short of 50 percent support.

Former Georgia state House Minority Leader and 2018 gubernatorial nominee Stacey Abrams is unopposed for the Democratic nomination. The state’s US Senate contest is already winnowing down to a battle between Sen. Raphael Warnock (D) and retired pro football player Herschel Walker (R).

In Idaho, Gov. Brad Little faces a Republican primary challenge from Lt. Gov. Janice McGeachin, who has former President Donald Trump’s endorsement. Sen. Mike Crapo has four Republican primary opponents but is in strong shape for both re-nomination and re-election to a fifth term.

In the House races, veteran Rep. Mike Simpson (R-Idaho Falls) will face a familiar foe in the Republican primary. Bryan Smith, who challenged the congressman in the 2014 Republican primary and attracted some national attention and support before falling 62-38 percent, returns for a re-match eight years after their original political battle.

Back in California in the US House races, it appears there are seven districts that will host competitive general election campaigns and many more that could send a pair of the same party’s members to the November election from the June 7 jungle primary.

Only one of the projected partisan general election battles comes in an open seat. The 3rd District, which begins in the Sacramento suburbs and stretches down along the Nevada border all the way into southern California, will yield a competitive Republican battle between state Assemblyman Kevin Kiley (R-Granite Bay) and Sacramento County Sheriff Scott Jones for one of the general election finalist positions. The state Democratic Party has endorsed physician Kermit Jones. The new 3rd, where Rep. Tom McClintock (R-Elk Grove) could have run, is rated an R+8 district.

Rep. Josh Harder (D-Turlock) will likely face San Joaquin County Supervisor Tom Patti (R) in the D+8 District 9 that retiring Rep. Jerry McNerney (D-Stockton) currently holds.

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Rep. Devin Nunes to Resign

By Jim Ellis

Ten-term US Rep. Devin Nunes (R-CA)

Dec. 8, 2021 — Ten-term US Rep. Devin Nunes (R-CA) will leave Congress at the end of this year according to an announcement made late Monday.

Rep. Nunes, the ranking Republican on the House Intelligence Committee and the man who appeared to have the inside track to become chairman of the House Ways & Means Committee if the Republicans re-gain the chamber majority next year, will become CEO of the Trump Media & Technology Group that former President Donald Trump is launching.

While the congressman, who was first elected in 2002 to his Central Valley California seat, will leave the legislative scene, he certainly will still be very active in politics as he attempts to position a new social media platform that will give right of center individuals a greater voice in the public issues discussion arena.

“The time has come to reopen the Internet and allow for the free flow of ideas and expression without censorship,” Nunes was quoted as reported in the New York Post. “The United States of America made the dream of the Internet a reality and it will be an American company that restores the dream. I’m humbled and honored President Trump has asked me to lead the mission and the world-class team that will deliver on this promise,” Nunes concluded.

Rep. Nunes’ departure creates major change in the Central Valley’s politics. His current 22nd District is one of the just seven California districts that Trump carried in the 2020 presidential election campaign.

One would think that a special election would be called with a year remaining on the term, but in a similarly timed situation in 2020, when then-Rep. Duncan Hunter (R) resigned in January, such was not the case. Gov. Gavin Newsom (D), taking advantage of a quirk in California election law, was able to leave Hunter’s 50th District – like the Nunes seat, a safe Republican domain – vacant for the balance of the entire year.

Considering that the likely special election winner in the Nunes Fresno County-anchored district would be a Republican, and cognizant of the ongoing redistricting process, it is entirely possible that Newsom will again let the seat remain vacant for all of 2022.

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Newsom Wins Recall; Other Elections

By Jim Ellis

California Gov. Gavin Newsom (D)

Sept. 16, 2021 — California Gov. Gavin Newsom (D) easily avoided being recalled in last night’s statewide election, but the margin will likely close once all of the ballots are received and finally counted. The reported results are largely from mail ballots received well before election day. The posted turnout totals exceed 9 million voters, and this number will continue to grow.

The NO option on the recall ballot, meaning the vote individuals cast in order to keep Gov. Newsom in office, is running just under 64 percent, but under the California system of ballot signature verification it will be several weeks before we see official final totals. California also allows a long post-election period for ballots postmarked on election day to be received. It is clear, however, that Newsom will survive in office by a wide margin, but with an end-result closer margin than we see in early returns.

Though the replacement election became moot with the recall being rejected, conservative commentator Larry Elder was the clear leader, recording a tick under 47 percent of the vote. The next closest candidate was Democrat Kevin Paffrath with 10 percent. Former San Diego Mayor Kevin Faulconer (R) finished third with just under 9 percent. John Cox (R), who was one of the leading recall effort funders and the finalist against Newsom in the 2018 election, fell back to less than 4.5% of the vote. Media star Caitlin Jenner (R), who proved not to be a serious candidate, scored just 1.1% in the replacement election.

All of the replacement candidates were at a disadvantage in terms of financial resources. Though Elder raised a reported $18 million, an impressive amount in a short time frame, Gov. Newsom spent possibly as much as $80 million.

The rules for Newsom, however, were different. Because he was the recall subject, and the people were deciding the question as to whether or not he alone should remain in office, the campaign financial structure for him was that of a referendum. Therefore, he could raise unlimited amounts of money from individuals and entities. The replacement candidates, because they were running in an election campaign, were bound by the state campaign finance laws that feature contribution amount limits.

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Newsom Recall Shock Poll

Embattled California Gov. Gavin Newsom (D)

By Jim Ellis

Aug. 10, 2021 — A stark new poll was released for the Sept. 14 California recall campaign, and the surprising results project Gov. Gavin Newsom (D) falling well behind in his battle to remain in office.

While several polls released in the past 10 days showed a weakening of Newsom’s position, the new Survey USA data (Aug. 2-4; 1,100 California adults, 888 registered California voters, 613 likely California recall election voters, 545 California voters who say they will answer the replacement candidate question; online) reveals a more extreme result.

Asked whether the sample of registered California voters would vote to recall the governor, for the first time, a 51 percent majority said they would. Those who support retaining him numbered only 40 percent.

Republicans, a distinct minority in the state but a more motivated group for this election, would vote to recall in an 8:1 ratio. Conversely, Democrats unsurprisingly favor retaining the governor, but by a smaller 3:1 ratio.

The S-USA poll sees a potentially very serious problem for Newsom in the independent category. By a 50-33 percent majority, the non-affiliated respondents would vote to remove him from office. Should this finding prove accurate, Newsom would be in danger of losing his position.

A major difference lies between those saying they are “certain” and “likely” to vote. The certain voters break 57-39 percent in favor of removal; the likely category: 43-36 percent for retention.

Differing patterns arise among racial segments. Whites heavily favor removal, 56-35 percent. Hispanics, by a 47-41 percent margin, do as well. Blacks and Asians are overwhelmingly in Gov. Newsom’s corner, however. Asians favor retention, 62-25 percent, while the small segment of blacks tested are virtually unanimous in their support for the governor.

Survey USA also segmented those claiming to be vaccinated, and those who do not. The unvaccinated, unsurprisingly, are overwhelmingly for the recall, 67-27 percent. Even a plurality of the vaccinated segment, however, also favors the recall: 47-43 percent.

The S-USA pollsters also identified reasons why those supporting the recall are doing so. Most of the responses center around how Newsom has handled the COVID-19 issue. A total of 34 percent said they are voting to recall because of “COVID issues.” Another 18 percent said the state spending is the main reason for their vote to remove Newsom. The unemployment compensation issue, and Newsom’s handling of it, was the significant reason motivating 12 percent of “yes” vote respondents (the position that supports removing the governor from office).

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Poll: Newsom in Trouble

By Jim Ellis

California Gov. Gavin Newsom (D)

July 30, 2021 — The University of California at Berkeley’s Institute of Governmental Studies released their latest Golden State survey that finds Gov. Gavin Newsom’s (D) strength in the upcoming recall election dissipating.

According to UC Berkeley, among likely voters, 47 percent would vote to recall Gov. Newsom and 50 percent would not, clearly the closest ballot test result seen to date. The recall election is scheduled for Sept. 14, and voters will first choose whether to remove the governor from office before choosing a replacement among 46 ballot qualified candidates. The replacement candidates’ votes count only if a majority supports removing the subject from office, in this case Gov. Newsom.

The Berkeley poll (July 18-24; 5,795 registered California voters; 3,266 likely California recall election voters, online) finds Newsom in trouble only among likely voters, those screened as almost certain to participate in the recall election. Within the entire polling sample, he returns to safe territory as the respondents break only 36-51 percent for removing him from office.

The major difference is partisanship. The parties, as one might guess, break in polarized fashion. A total of 91 percent of Democrats would vote against the recall while 95 percent of Republicans favor removal.

The independent and minor party sectors become interesting, however. Among the large No Party Preference group, 46 percent would vote to recall Newsom and 50 percent would not. The combined minor parties, which only account for approximately six percent of the electorate are breaking hard for the recall position. Within the minor party segment, 68 percent would vote to remove as compared to only 30 percent supporting the retain option.

Among Republicans, 90 percent say they are enthusiastic about the election, while 58 percent of Democrats say the same. Among the substantial segment in the “No Party Preference” or independent category, 53 percent say they are enthusiastic.

The polling analysis suggests that the governor’s fundamental problem is that Democrats are “almost unanimous” in their belief that he will win the recall election. This substantially explains the Democrats’ lack of solid enthusiasm for the irregular Sept. 14 stand-alone election.

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SCOTUS Rules; Calif. Recall Scheduled

Current US Supreme Court

By Jim Ellis

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

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

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

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

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

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

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

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