Tag Archives: Kate Marshall

Nevada Republicans Choose Amodei; Angle Waits in the Wings

Nevada's congressional districts.

The Nevada State Supreme Court will eventually decide if the Republican Party’s action taken this weekend has meaning. The GOP officials held a nominating convention on Saturday to choose a candidate for the 2nd Congressional District special election tentatively scheduled for September 13th.

In what constituted little surprise, former state party chairman Mark Amodei, who spent 12 years as a state legislator and briefly ran for US Senate in 2010, was selected as the Republican congressional nominee by the voting members. He easily defeated state Sen. Greg Brower and former Navy Cmdr. Kirk Lippold on the first ballot.

But, the nomination may become irrelevant. Soon after Rep. Dean Heller (R-NV-2) was appointed to replace resigned Sen. John Ensign (R), Democratic Secretary of State Ross Miller ruled that the special election process would be conducted as an open one-election contest in which all individuals desiring to run would qualify for the ballot. The Nevada Republican Party sued to overturn Miller’s decision, arguing that the ambiguous state election code pertaining to special election process – this is the first federal special election in Nevada’s history – actually allows the political parties to choose their own nominees. A lower court judge agreed with the Republican argument, hence the necessity for the state Supreme Court to become involved. The high court’s only action so far is to say that they may need more time to decide and Gov. Brian Sandoval’s Sept. 13 election date schedule may have to be postponed.

The Nevada Democratic Party has yet to make any move vis-a-vis the special election and now find themselves facing a key decision. Officially backing Secretary of State Miller’s “battle royal” election format concept, the party may now be forced to caucus and nominate a candidate so that Amodei and the Republicans don’t gain a major advantage should the high court uphold the lower court ruling. If the Democrats do convene, state Treasurer Kate Marshall, already an announced congressional candidate, is the prohibitive favorite to receive the official party nod.

But the uncertainty for Amodei, in particular, won’t end with the Supreme Court ruling or even the special election itself. Sharron Angle, the former state assemblywoman who became the GOP 2010 Senatorial nominee only to lose to Majority Leader Harry Reid in the general election, was originally a candidate in the special election but has since withdrawn. She has the luxury of simply waiting for the regular election in the newly drawn seat to run either against a brand new Republican incumbent, now most likely Amodei should the GOP hold the seat in September or whenever the special is actually held, or a Democrat in what should be a Republican-leaning seat under the new redistricting plan.

Nevada’s congressional districts will change significantly because, as the fastest growing state in the nation, a new fourth district will be created as the result of reapportionment. Though the Democratic legislature and Republican governor drew to a stalemate over redistricting, meaning a court will now draw the final map, it is pretty clear that the city of Las Vegas will have two seats, rural Clark County (Las Vegas) and the central part of the state will occupy one, and the northern sector, the heart of the district in question, will comprise the new NV-2. The current district must shed 161,424 people, which is 24% above the new state CD population target of 675,138 individuals.

The winner of the special election will represent the current 2nd congressional district for the remainder of this Congress but will run for re-election in a seat that is considerably different. The area sure to be removed from the new 2nd is the central and southern portion of the seat. Currently, NV-2 encompasses all or part of the state’s 17 counties. The places going to other districts are largely areas where Ms. Angle did not perform as strongly.

Sharron Angle choosing not to participate in the special election is a sound political decision from her perspective. Should she decide to run in the regular election, which is likely, she can continue to amass campaign resources – her ability to do so is an advantage over every other candidate – and can challenge a short-term incumbent, either Republican or Democrat, in a new district that will likely be more to her liking particularly in the GOP primary.

The 2nd district political saga may prove to be the “great unknown” of the 2011-12 election cycle. What we can expect, however, is non-stop political action from here all the way to the next regular general election.
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The Angle-less Special Election in Nevada’s 2nd

Nevada's congressional districts. The 2nd extends north over the entire remainder of the state.

Sharron Angle, the Tea Party-backed conservative who upset the Republican establishment with her GOP Senatorial primary win last year, abruptly announced that she will not file as a candidate for the Sept. 13 special congressional election in Nevada’s 2nd district. Expressing displeasure toward the electoral system chosen for the early fall vote, Angle said the technical procedures are “…an illegitimate process that disenfranchises the electorate.”

Originally, Democratic Secretary of State Ross Miller ruled that the special election would be open to all, and decided in just one voting contest. Termed a “ballot royal,” Miller copied the system used in Hawaii that features no nomination process. All candidates would have equal access to the special general ballot and the person receiving the most votes, regardless of percentage, wins the seat.

Miller made this ruling for several reasons. Primarily, it is the system that best gives his Democratic Party a chance of capturing the seat. Angle would have been strong within this format because of her solid political base, but so would a unified Democratic Party solidifying behind one candidate. If the Republicans split their votes among several contenders, the analysis showed, the Democrats, limiting their candidates to just state Treasurer Kate Marshall, could successfully steal the Republican-leaning seat.

Republicans objected to Miller’s dictate, saying he wrongly interpreted state election law. The parties themselves, the GOP argued, should be allowed to choose their nominees in caucus, similar to New York’s law, and have just two major party candidates on the ballot. Last week, a lower court judge ruled in favor of the GOP lawsuit saying that Miller’s decision was “unreasonable and absurd.” The Secretary of State and the Democratic Party are appealing to the state Supreme Court.

Candidates were originally to have filed earlier in the week (May 25th), but the judicial ruling forced Miller to extend the candidate declaration deadline all the way through June 30th. The state high court will likely make a ruling before the deadline expires.

It is obvious that Angle believes the Supreme Court will uphold the lower court ruling and allow the state party central committees to choose the special election nominees. She also knows she is not the choice of the Nevada Republican establishment. In her statement, Ms. Angle said she would consider running for public office again and did not eliminate the possibility of competing for the 2nd district in the regular cycle.

Though NV-2 will have a new incumbent before the 2012 general election, it is likely the new 2nd will be more to Angle’s liking. The current configuration in the three-seat state map allows the 2nd to touch all of Nevada’s 17 counties including dominant Clark, home to the city of Las Vegas.

Though the state’s new four-seat congressional map is in limbo today, the basic design seems clear. The Democratic legislature passed a map that had a similar look to the Republicans’ draw, but a far different partisan complexion and it led to a Gov. Brian Sandoval (R) veto. Though further effort was made up until legislative adjournment, the map will end up in court and judges will develop the final blueprint. Since the legislative intent clearly makes two Las Vegas city districts, one rural Clark County seat that stretches to the central part of the state, and a final district, the 2nd, that contains only the northern half of the state with its population anchors of Reno and Carson City, such will likely be the final map’s basis. In the two Democratic maps and one Republican, each used this same fundamental design.

This version will play right into Angle’s hands and may be what’s driving her decision to sit out the special election. Though she will face an incumbent in either the 2012 primary or the general vote, the district will be much different than the one electing the new congressman. So, it is very possible Ms. Angle will come roaring back in the regular cycle.

Republicans should win the seat, but after their party’s recent debacle in the NY-26 special election, it’s clear that anything can happen in these low turnout, irregular electoral contests.
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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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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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